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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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9/15/2016 3:40:43 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. Mark Dennis et al. <br />6/15/2016 <br />Page 2 <br />detrimental to the public health, safety or welfare, or materially <br />injurious to the properties or improvements in the vicinity; <br />The conditions attached to a use permit are intended to ensure that the use will <br />not violate this requirement by creating detrimental impacts on surrounding properties <br />and their residents. <br />2. THE CONDITIONS THE PLANNING COMMISSION PLACED ON THE <br />LODGE'S USE PERMIT WERE INTENDED TO PROTECT AGAINST THE <br />INJURIES THE FINDINGS WERE AIMED AT PREVENTING. <br />The Planning Commission recognized that placing a club building had the <br />potential to be incompatible with the neighboring residents. It was precisely for that <br />reason that the Commission enacted Condition #1, requiring <br />That the building be designed so that activities will be focused towards the <br />southern portion of the subject property [i.e., the side of the property <br />furthest removed from adjoining residents) (Resolution No. 1562, attached <br />hereto as Exhibit A.) <br />The Planning Commission was well aware that an organization like the Masons <br />could create problems for a residential neighborhood unless there were proper controls <br />on its activities. Knowing that the Masons sometimes hold parties and other <br />celebrations, including outdoor activities, the obvious purpose of this condition is to <br />minimize the impact of the Mason's use of the property, and specifically of outdoor <br />activities associated with the use, on the adjoining residential properties and their <br />residents. Since it talked about the design of the building, rather than its construction, it <br />is quite obviously not a construction - related condition. <br />The staff report for the Planning Commission meeting where the Use Permit was <br />approved only reinforces the intent of the condition. It indicates an intent to "minimize <br />any noise generated from within" the building; that the building entrance would be on <br />the south side, that there would be no windows on the other three sides2 (which face <br />residential areas) and that the only other openings would be emergency exits. <br />The Project's design review also confirms this interpretation of Condition Number <br />1, as it states, "Placing the entrance on the south side of the building concentrates <br />outdoor activities as far as possible from the bordering residences." <br />Thus the Use Permit condition itself, other references in the permit, the staff <br />report, and the design review all make it abundantly clear that the condition was <br />intended to keep activity, including especially outdoor activity, away from the residential <br />properties to the north of the site. <br />3. THE LODGE, AND THE CITY'S, SUBSEQUENT ACTIONS FLOUTED THE <br />CONDITION THAT THE CITY HAD ENACTED. <br />Despite the use permit's clear Condition #1, in 2004 the City allowed the Lodge <br />to remodel the building and install glass French doors opening onto the north side of the <br />building, directly facing my clients' home. Predictably, this both literally and figuratively <br />opened the door to having outdoor activities take place on the north side of the building, <br />in direct contradiction to Condition #1 in the use permit. <br />Predictably, since the installation of the glass doors, the Lodge has violated <br />Condition Number 1 on a regular basis by holding loud parties and other events in the <br />The lack of windows also made sense to maintain the secrecy of Masonic rituals held in the building. <br />
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