06 ATTACHMENT 5 - Laserfiche WebLink

Mr. Mark Dennis et al. 6/15/2016 Page 3 "backyard" northern portion of the property, directly adjacent to my clients' home. Indeed, they have essentially turned the northern portion of the property into an outdoor entertainment area. This has been done despite the strenuous objections of my clients, both to the Lodge and the City. These outdoor events have indeed been materially injurious to my clients, their property, and the health, safety, and welfare of the Lodge's immediate residential neighbors. Even more alarming has been the City's continued and increasing resistance to enforcing the conditions it set on the use of the property. Not only has the City's unwillingness to enforce the Use Permit conditions caused damage to my clients; it has also set a dangerous precedent for other use permits granted for nonresidential uses in residential areas, essentially sending a message that use permit conditions can be safely ignored. 4. THE LODGE HAS VIOLATED THE SITE'S RM ZONING BY ESTABLISHING A COMMERCIAL PARTY VENUE ON THE SITE. Not only has the Lodge itself violated Use Permit Condition Number 1; through its holding company, the Pleasanton Masonic Center, which actually owns the parcel, it has gone further by establishing blatantly commercial enterprises at the location. The Lodge is now in the business of renting out the hall, and the northern outdoor yard area, to groups and individuals with the express purpose of hosting parties on this property. Such a commercial use in a residential area is neither contemplated in the use permit; not is it allowed by the site's RM zoning. While the site's RM zoning does allow for "space for semipublic facilities needed to complement urban residential areas ...," (PMC §18.36.010(D)), it also calls for the zoning "To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences." (PMC §18.36.010(H). Under Conditional Uses, the RM district allows "Private noncommercial clubs and lodges, not including hiring halls." (PMC §18.36.040(J).) However, the only purely commercial activities allowed in the RM zone are golf course, lodging houses, private schools of some kinds, private recreational parks and swim clubs, trailer parks, family daycare and small bed & breakfast operations and inns, and home occupations. The zoning ordinance does not allow commercial party venues in the RM zone, either indoor or outdoor with or without live or recorded music. 5. THE LODGE HAS VIOLATED THE SITE'S RM ZONING BY LEASING SPACE TO A COMMERCIAL CATERING COMPANY. In addition to running a commercial party hosting business in a residential area, the Lodge has also rented out its commercial kitchen facilities, intended for use for internal member functions, to an outside commercial catering service. While the effects of the catering business on adjoining residences may not be as damaging as hosting a party venue, the catering business is also a type of commercial enterprise not allowed in the RM zone. s Such uses are, instead, provided for in the City's C -C zone. ° Such uses are allowed in some of the various commercial "C" zones.