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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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Law Offices of <br />Stuart M. Flashman <br />5626 Ocean View Drive <br />Oakland, CA 94618 -1533 <br />(510) 6524373 (voice & FAX) <br />e -mail: stu@stuflash.com <br />December 31, 2012 <br />Mr. Jonathan Lowell, City Attorney <br />City of Pleasanton <br />Pleasanton City Hall <br />123 Main Street <br />Pleasanton, CA 94566 <br />RE: UsePermit for Pleasanton Masonic Lodge (3370 HoDvard Road). <br />Dear Mr. Lowell: <br />1 am writing on behalf of my clients, Michael and Darlene Miller, to bring to your <br />attention violations of the City of Pleasanton's zoning ordinance and improper and <br />illegal activities taking place under the conditional use permit issued by the City to the <br />Pleasanton Masonic Lodge (#321). The lodge's site, like my client's home, is zoned <br />residential. Consequently, commercial uses are generally prohibited with limited <br />exceptions. The uses currently occurring on the property containing the Masonic lodge <br />facilities do not fall within these exceptions. The illegal and improperly authorized uses <br />at that site are creating a continuing nuisance for my clients, for which they hold the City <br />at least partly responsible. Their (and my) attempts to address this through the City's <br />planning department and City Manager have been unavailing. I am writing to you in the <br />hopes of getting the situation addressed without having to take legal action against the <br />Masons and the City. <br />As you may be aware, my clients have had a problem with continuing noise <br />disturbances and light pollution emanating from the property where the lodge facilities <br />are located, dating back to 2006. The problems relate primarily to two commercial <br />business activities that began that year. a separately -owned catering business doing <br />business as "A Tasteful Affairs and a commercial banquet and party facility, which is <br />apparently being run by the lodge itself. <br />In June of 2000 and February 2005, the Masons submitted informal requests to <br />the City for "use variances" to conduct catering and banquet hall rental businesses on <br />the site'. Those requests were denied. Later, in November 2005, the Masons <br />submitted another letter repeating those requests. (Copy attached.) This time, the <br />planning department, without anv public notice or hearing, granted the requests. <br />in their letter, the Masons represented that these businesses were just <br />expansions of the existing food preparation for Mason - related functions and building <br />use for Masonic functions. They further represented that the building rentals would <br />amount to one or at most two weekend nights per month, plus one catered luncheon per <br />week. The letter made no mention of using the backyard of the lodge building, which <br />fronts directly on my clients' back yard, as part of the banquet hall rental business. The <br />uses have since expanded far beyond what the Masons requested in 2005. <br />After doing a considerable amount of investigation, my clients have recently <br />discovered that the representations made in the Masons' 2005 letter were neither true <br />nor accurate. As it tums out, the catering business, "A Tasteful Affair," is not the <br />' In 1993, 2000, and 2002, the Masons submitted much more limited requests to allow catering services <br />for internal Masonic events. Those requests were granted. (See below. under accessory use.) <br />
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