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