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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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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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iv. A letter from the Millers' attorney documenting the Masons' violations in the <br />General Plan, zoning codes, 1977 Conditional Use Permit, 1977 Staff Report and <br />1977 Design Review. <br />v. A letter from the Millers' attorney documenting relevant case law in Los Angeles <br />with another Masonic lodge in which the Court decided that commercial <br />activities in a residential zone do not constitute an allowable (accessory) use <br />and ordered that the Masons cease and desist commercial activities. <br />vi. A summary of the Masons' tax returns documenting that the revenues from the <br />catering company and party venue are 2 to 4 times the fraternity membership <br />dues, and an estimate by the Millers that the building is used 4% of the time for <br />lodge meetings versus 96% of the time for commercial uses as a catering <br />company and party venue. These facts support that the "use" of the lodge has <br />changed from a fraternity to a commercial business. <br />f. Also, staff omitted all of the errors made by the City including, (1) in 2004: approving the <br />Masons' building permit without design review; (2) in 2005: incorrectly approving the <br />catering company without public notice; and (3) for the past 8 years: not enforcing the <br />codes by demanding that the Masons stop using the backyard area. (See #24 in <br />Attachment #1.) <br />2. The City omitted a precedent set in a recent similar noise nuisance <br />hearing regarding a school for children, called Young Ivy Academy <br />There is no mention in staff's Jan. 28, 2015 report of a similar noise nuisance situation regarding Young <br />Ivy Academy presented to the Planning Commissioners in November, 2014. For Young Ivy Academy, <br />staff was clearly concerned with the "ambient noise" impact to neighbors from the playground that the <br />school wanted to build for 16 children. <br />Staff stated, "The introduction of the outdoor playground area, with up to 16 children at any given time, <br />and no significant sound attenuation, could result in increased ambient noise levels during the hours of <br />2 PM to 6 PM. Consequently the staff is recommending denial of this portion of the proposal." And <br />please note that only one neighbor complained. <br />But why would staff not allow Young Ivy Academy their outdoor playground due to ambient noise from <br />16 children with the nearest neighbor between 60 to 80 feet away, and yet, on the other hand, staff <br />would allow the Masons their outdoor entertainment area to create ambient noise from 600 people <br />with the nearest neighbor on the other side of the fence? (See Attachment #4.) <br />The Millers' hope is that you, the Planning Commissioners, will implement consistent recommendations. <br />Please note that our City's mission statement is, "Pleasanton, a City of Character" and that character is <br />making consistent decisions. <br />Also, Jeb Bing, Editor of the Pleasanton Weekly newspaper, stated in his editorial on February 13, 2015, <br />"Is Young Ivy Academy in the wrong location ?" when Young Ivy wanted to expand its use to an outdoor <br />playground. The Millers are also asking, "Are the Masons in the wrong location ?" if they want to expand <br />their use from a fraternity to a catering company and party venue ?" <br />4 <br />
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