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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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Mr. Jonathan Lowell, City Attorney <br />12/31 /2012 <br />Page 4 <br />fratemal business next to a sensitive residential area; a situation that would not have <br />been allowed for a commercial enterprise. <br />There, as here, the Masons, once established, began conducting uses, namely <br />concerts, parties, and other non- Masonic events, that were not part of their primary <br />function but were essentially a commercial enterprise, even though the profits from that <br />enterprise were presumably intended to help fund the continuation of the primary <br />Masonic function. Also, like here, the Masons passed on the conduct of those <br />commercial functions to another related entity. However, the court held that the mere <br />fact that the funds collected might eventually help support an allowable use did not <br />convert the commercial use of the property from a nonconforming use into an allowable <br />use. <br />Similarly here, the commercial uses undertaken on the property where the <br />Masons hold a use permit remain nonconforming commercial uses, regardless of <br />whether the profits generated by those uses might eventually help fund the Masons' <br />activities. <br />As l indicated earlier, my clients feel that they have been very patient with the <br />City and the Masons. They have repeatedly sat down and attempted to negotiate a <br />compromise that would oonfoan to the original use permit and an appropriately <br />subordinate, incidental, and non- impactful role for any non - Masonic functions at the site. <br />Those efforts have been unavailing. My clients and 1 would like to meet with you at your <br />earliest convenience to discuss the speedy resolution of the current unacceptable <br />situation. <br />Mo sincerl <br />Stuart M. Flashman <br />cc: City Manager (via e-mail) <br />Planning Director (via e-mail) <br />
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