06 ATTACHMENT 5 - Laserfiche WebLink

Attachment #7—Summary of testimony from City officials who disagree with the current Planning Staff's opinion Prior City planners in 2000 and 2005: — Two decisions by prior City Planners in 2000 and 2005 denied the Masons their request to operate a catering company on the lodge premises. 13 Prior City planner in 2009 — Brian Dolan and Nelson Fialho are refusing to recognize the buffer as the backyard area even though Planner Donna Decker, in an email to the Millers, defined the "buffer" as the backyard area. C. Prior case law: Brian Dolan and Nelson Fialho are refusing to recognize case law precedent in Los Angeles with another Masonic lodge in which the court decided that commercial activities in a residential zone do not constitute an allowable (i.e., accessory) use and ordered that the Masons cease and desist commercial activities. 0. Prior Planning Commission in 1977 Brian Dolan and Nelson Fialho contradict the intent of the 1977 Planning Commission. The 1977 staff report states, "While lodge meetings are normally staid affairs which do not generate much commotion, lodge buildings are commonly rented for non -lodge affairs such as wedding receptions and parties which can be nuisance creating. Physical separation of such facilities from residences therefore would normally be desirable. While it might be preferable to have the lodge building farther south on the property, it would be possible to design the structure so as to minimize any noise generated from within. This could be done by prohibiting openings on the north or west sides of the structure, and therefore, activity would be focused away from the northern residences." E. Prior Planning Commissioner in 2009: — Brian Dolan and Nelson Fialho contradict prior Planning Commissioner, Anne Fox, who stated in an email to the Millers, "I don't understand why the Planning Department keeps bringing un- permitted work to the Planning Commission, asking for retroactive changes to the original conditional use permit, to in effect allow activities not permitted by zoning or unpermitted building or building or use not in conformance with the conditional use permit to be 'grandfathered in.' Brian Dolan — Even Brian Dolan stated in a letter to the EV Free Church, "California state law clearly directs the City to defer to the General Plan designation when there is a conflict between the general plan designation and the zoning of the property." So why is he ignoring the General Plan designation of public and institutional with respect to the Masons? Page 14 of 18