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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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11/30/2016 1:07:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
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06
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\CITY CLERK\AGENDA PACKETS\2016\092016
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Attachment #8— Additional Background from 2006 to Present <br />• Between 2006 and 2009: <br />The Millers, as did others, made numerous complaints about the noise generated at <br />the Masonic building (including 1 gun shot in 2008, and a non - permitted "Naughty or <br />Nice" teen party). <br />The Millers begin meeting with City planners, including Brian Dolan and Donna Decker, <br />about these issues. <br />• March 25, 2009, a public hearing is held: <br />-- The City proposed 7 new conditions. <br />— Condition #2 proposed by the City stated: <br />• "The Pleasanton Mason Lodge shall consult an acoustic professional to explore <br />mitigations to alleviate noise level. The acoustic professional shall be one that is <br />on the City's consultant with. The consultant's report shall include mitigations <br />and recommendations, if the anticipated noise levels are found to exceed the <br />Noise Ordinance and the General Plan standards. The report shall be provided to <br />the Planning Division within 90 days from the date of the approval.... No non - <br />lodge functions shall be held until mitigations in the acoustic study have been <br />implemented to the satisfaction of the Director of Community Development." <br />• On May 13, 2009, the Millers were notified by Mr. Dolan that the Masons refuse to comply <br />with the condition to hire a noise consultant. <br />— Note: The Millers' attorney, Mr. Flashman, stated that there were consequences to <br />the Mason's actions to not do the noise study. Because the Masons did not comply <br />with the conditions from the 2009 hearing, the original 1977 CUP is in effect, which <br />the City should enforce. <br />• In 2010, the Pleasanton Masonic Center lost both its tax exempt status and its non- profit <br />corporate status, and therefore became a for - profit company managing the revenues from <br />the catering company and its own banquet facility. That is, it was no longer a non- profit as <br />required by zoning codes. <br />• Between 2010 and 2013: <br />— The City refuses to enforce the codes and instead requests mediation between the Millers <br />and Masons. <br />— The Millers hire an attorney specializing in land use and hire a second attorney specializing in <br />tax law for non - profits. <br />— The mediation resulted in conditions that the Masons sent to the Millers which the Millers <br />rejected because they allowed activity in the buffer, creating a severe noise nuisance. <br />• 2014 <br />— The Millers indirectly become aware of a letter sent by the Masons to the City. <br />• The letter from the Mason's stated: <br />• The lodge is fully in compliance with the terms of the CUP (Note: This statement <br />is false as demonstrated in this document.) <br />• The outside area will be rented for public events. <br />• Mr. Fialhos' response did not correct the Masons that they were not in compliance with <br />the CUP or the zoning ordinances but rather abdicated the City's responsibility to <br />enforce its own codes. <br />— The Millers are now considering a law suit against the City if the City does not enforce the <br />CUP and require that the buffer on the north side not be violated. <br />Page 15 of 18 <br />
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