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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 5 <br />voices, but only from mechanical sources. Yet that limitation is not evident from the <br />ordinance itself, which states that <br />No person shall produce or allow to be produced by any machine, animal, <br />device, or any combination of the same, on residential property, noise <br />level in excess of 60 dBA at any point outside of the property plane, <br />unless otherwise provided in this chapter." ((PMC § 9.94.030(A).) <br />The City's current position also runs counter to the noise ordinance's <br />fundamental Declaration of Policy, which states that, <br />The citizens of the city require protection from excessive, unnecessary <br />and unreasonable noises from any and all sources in the community. <br />(PMC § 9.04.010 [emphasis added].) <br />The plain language of the noise ordinance makes it clear that it applies to all <br />noise produced, or allowed to be produced, by human beings. That includes human <br />voices, as well as musical instruments or mechanical devices. It should be noted, <br />however, that if the Lodge's outdoor activities were moved to the property's northern <br />frontage, as the Use Permit clearly intends, the need for noise ordinance enforcement <br />would likely disappear. <br />9. THE LODGE'S PROBLEMS EXTEND BEYOND ITS VIOLATIONS OF THE <br />USE PERMIT AND THE ZONING ORDINANCE. <br />It should be noted that the Pleasanton Masonic Center, the holding company for <br />the property and the actual legal owner for both the land and the building, appears to <br />have failed to file its required tax forms for a number of years and has had both its <br />federal tax - exempt status and its state corporate status suspended. Having lost its <br />nonprofit corporate status, the Lodge must now be considered a commercial business, <br />which is not allowed in a residential zone. In addition, the Pleasanton Masonic Center <br />operates its commercial activities without a Pleasanton business license. This gives it <br />an unfair advantage over law- abiding Pleasanton commercial businesses.. <br />CONCLUSION <br />As the staff report for a past Planning Commission hearing on these issues, <br />which has been continued multiple times, noted, my clients have attempted to resolve <br />their disputes with the Masonic Lodge on multiple occasions, including my involvement <br />as a facilitator and the City's involvement as a mediator. Those attempts have <br />unfortunately failed, as the Masonic Lodge has steadfastly refused to acknowledge the <br />limitations on its activities that the sites zoning and use permit require. <br />My clients ask for nothing more than the protections that the City's zoning <br />ordinance and the use permit granted by the City to the Masonic Lodge were intended <br />to provide. All my clients request is that the City enforce its own laws. Anything less <br />would be an unconstitutional denial of my client's right of equal protection under the law. <br />Most sincerely, <br />Stuart M. Flas man <br />cc: City Manager (via e-mail) <br />J. Soo, Associate Planner (via e-mail) <br />Planning Director (via e-mail) <br />
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