06 ATTACHMENT 5 - Laserfiche WebLink

would be to emergency exits (one on the east side and the other on the north side)," that is, there would be no doors /windows, except for an emergency door, on the side facing the neighbors, and that, "This is in conformance with the requirements of the conditional use permit approval." (See #2 & #10 in Attachment #1.) Therefore, the Masons' newly installed glass French doors on the north side facing the neighbors are in violation of their CUP. Note: prohibition of doors facing the neighbors is not stated in the CUP because it would be redundant given that it is stated in the design review, and the design review links to the CUP via the statement, "This is in conformance with the requirements of the conditional use permit approval." iii. Staff states that prior planning departments, "Permitted catering businesses to use the Masonic building." THIS OMMITS A CRITICAL FACT that although catering companies were allowed, they had very restricted capacity and therefore did not remotely resemble a true catering company. (See #3 & #12 in Attachment #1.) Staff also OMITTED to state that the zoning codes prohibit catering companies from operating in RM -2,500 zones. (See #10 in Attachment #3.) iv. Staff refers to the 1977 Planning Commission Staff Report. However, STAFF OMITS A CRITICAL SENTENCE in that report stating, "... design the structure (the lodge building) so as to minimize noise which is generated from within." (See #4 in Attachment #1.) Therefore, the Masons are violating the intent of the CUP when they create noise outside the lodge structure. v. Staff states that, "The buildings be designed so that activities will be focused toward the southern portion of the subject property." THIS OMMITS A CRITICAL FACT that for 8 years the City has been allowing activities that violate this by allowing activities on the northern portion of the property despite the Millers asking the City to enforce their codes. (See #10 in Attachment #1.) vi. Staff refers to the City issuing a building permit to the Masons in 2003 to install the double French door on the north. Staff OMITTS the City's wrongdoing in issuing this permit without design review by the Planning Dept. (See #11 in Attachment #1.) e. Staff states, "Furthermore, the Millers claim that the Masonic Center is operating unlawfully." This is INCORRECT. The Millers do not "claim," but rather the Millers have sent the City documented proof that the Masons are violating the City's codes. None of this proof was included in staffs report. This proof includes: (See #24 in Attachment #1.) i. Links to the IRS & Secretary of State sites documenting the Pleasanton Masonic Centers' (PMC) loss of it tax - exempt and non - profit statues making it a for - profit company, which is not allowed in residential zones. ii. A summary of the Masons' tax returns showing that the Pleasanton Masonic Center (PMC) is the entity that reports to the IRS the revenues from the catering company and party venue. Therefore, the catering company and party venue should also not be allowed in a residential area since they too are for - profit companies and are no longer sheltered by a non - profit company. iii. An email documenting that the Pleasanton Masonic Center is operating without a Pleasanton business license. 1