My WebLink
|
Help
|
About
|
Sign Out
06 ATTACHMENT 5
City of Pleasanton
>
CITY CLERK
>
AGENDA PACKETS
>
2016
>
092016
>
06 ATTACHMENT 5
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/30/2016 1:07:49 PM
Creation date
9/15/2016 3:40:43 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
Document Relationships
06
(Message)
Path:
\CITY CLERK\AGENDA PACKETS\2016\092016
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
215
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Attachment #9-- Incorrect rebuttals from the City <br />The City has communicated the following rebuttals to the Millers, which are incorrect. <br />• A hearing could be held <br />First, the City will tell you that a hearing could be held and new conditions set. Yet we <br />have consistently reminded the City that a hearing was held on March 25, 2009 —see <br />Attachment 118. In that hearing, the City proposed 7 new conditions. Condition k2 <br />requested the Masons to consult with "an acoustic professional" (AKA a sound <br />engineer). The Masons refused to comply with this condition. The Millers attorney, Mr. <br />Flashman, stated that there were consequences to the Masons' actions to not do the <br />noise study— because the Masons did not comply with the conditions from the 2009 <br />hearing, the original 1977 CUP is in effect, which the City should enforce. <br />• The City has granted similar uses to churches <br />Second, the City has contended that other churches have been granted similar accessory <br />uses to the Masons; however, the City has not identified any specific examples. The <br />Millers reviewed some CUPs of churches in Pleasanton. Although hard to find, one <br />church's CUP stated that the church was to be used for "members only," which is very <br />different than what the Masons were granted —and actually, this is what the Millers <br />would prefer for the Masonic lodge. If the City has granted accessory use conditions to <br />similar entitles such as the Masons, the Millers would like to know of these — especially <br />to contact the surrounding neighbors to create a united effort. And, if these other <br />entities exist, is the City comparing apples to apples? That is, are similar circumstances <br />being compared? Remember, the Masons' parties butt up to the Millers' fence —that is, <br />there is no buffer. Do these other entities, if they exist, have loud noisy parties on the <br />other side of a resident's fence without a buffer? <br />® The noise codes <br />The problem with Pleasanton's noise codes is that they do not include human voices. <br />Yes —this is true! If you, like us, are shocked by this, please read on. The Millers asked <br />for a code enforcement with the City against the Masons for a party that exceeded the <br />noise dba levels —but for voices only, that is, no music. Walter Wickboldt responded, <br />"The code specifically prohibits noise created by 'machine, animal, device, or any <br />combination of the same' but does not set any limit on non - amplified human voice <br />noise. As such, children's voices measured in excess of 70 dba does not violate the noise <br />ordinance. ...Since no violations of City codes were established, no enforcement action <br />will be taken at this time." Therefore, the City has allowed a business to be next to a <br />residence with no protection from the deafening roar of multitudes of people <br />talking/laughing, and kids screaming —which makes the Millers' backyard unusable and <br />even filters inside their house, making peaceful living impossible. This is unthinkable. <br />Furthermore, just like the accessory use provision, the City is trying to use the noise <br />codes to override violations of zoning codes. That is, meeting the noise codes do not <br />allow the Masons to violate zoning codes and use permits. <br />Page 16 of 18 <br />
The URL can be used to link to this page
Your browser does not support the video tag.