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EXHIBIT M Ce,, VM1/( V��j 1 Elu4; j 1 Z-1 . i The Millers' Response to the January 28, 2015 Planning Commission Staff Report Quick Review Unlike prior planners and commissioners, this Planning Department is allowing a building in a residential neighborhood to be used beyond anything that should be allowed in a residential neighborhood, including both loud outdoor public parties (up to 600 people including serving alcohol), and a catering company. In 1977, when the Masons requested to build a Masonic Temple on land inside a residentially zoned area and immediately next to residential homes, the City was rightly concerned about the impact of noise on the residences. The City therefore required the Masons to contain "any" noise within the building. This requirement is now being violated. Furthermore, the City required the Masons to not hold any activities in the outdoor area next to residences. This "buffer" zone is the land on the north and west sides of the building. Since 2006, this buffer has been violated by the Masons, creating a severe noise nuisance for the Millers. Additionally, from the 1977 CUP and design review, the Masons building was to only have doors and windows on the south side of the building, away from residents, except for emergency exits. This condition is also being violated. And finally, currently the Pleasanton Masonic Center and A Tasteful Affair, both of which are for - profit commercial businesses, are operating in the building, conducting illegal commercial activities, and violating not only the 1977 CUP but also the current zoning codes and General Plan, which add to the severe noise nuisance for the Millers. Contents 1. There are critical errors and omissions in the City's Jan. 28, 2015 Staff Report, including the omission of the proof that that the Masons are violating the City's codes 2 2. The City omitted a precedent set in a recent similar noise nuisance hearing regarding a school for children, called Young Ivy Academy 4 3. The Masons' parties have subsided due to the Millers' efforts —not the City's efforts 5 4. If the Masons' parties have subsided, why are the Millers still asking for a hearing? 5 5. What do the Millers want? 6 6. The Masons cannot apply for a new CUP without also changing the zoning codes and General Plan, which are also being violated 7 7. The noise codes are currently being incorrectly interpreted by the City 8 8. Attachments 8 Attachment 111 —The City's Errors & Omissions in the Jan. 28, 2015 Staff Report 9 Attachment #2— Violations of 1977 Regulations 24 Attachment #3A— Violations of Current Codes 25 Attachment #3B—The Masons' Tax Exempt & Nonprofit Statuses, and Tax Return Summary 27 Attachment #4 —Young Ivy Academy 28 Attachment #5— Flyers the Millers handed out at Political Meetings (1 of 2) 30 Attachment #6— Flyers the Millers handed out at Political Meetings (2 of 2) 31 Attachment #7— Letter from the Millers' sound engineer, Derek Watry 32 Attachment #8— Letter from the Millers' attorney, Stu Flashman 32 1