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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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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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And finally, since the Pleasanton Masonic Center has lost its tax - exempt and non - profit statuses, it can <br />no longer manage the commercial activities from the party venue and catering company in a residential <br />zone. If the Masons want to continue to operate the commercial activities in a residential zone, their <br />only option would be to funnel the commercial activities through the fraternity, Pleasanton Lodge #321. <br />However, this could jeopardize the fraternity's tax - exempt and non - profit statuses, and the City could <br />rescind the fraternity's CUP causing the fraternity to cease and desist operations. Therefore, the <br />Masons could not only risk losing their commercial operations, but also their fraternal operations too. <br />6. The Masons cannot apply for a new CUP without also changing the <br />zoning codes and General Plan, which are also being violated. <br />The CUP is only one piece of a three piece puzzle. Without changing the zoning codes and General Plan, <br />it is useless for the Masons to ask for a new CUP. (See Attachment #3.) <br />Note: in the Jan. 28, 2015 staff report, staff provided the planning commissioners with three options to <br />consider in regard to the Masonic Center's existing CUP. Option #3 is to modify the existing CUP. Staff <br />completely OMITTED the following violations to the zoning codes and General Plan, which would <br />prevent modifications to the existing CUP without also modifying the zoning codes and General Plan. <br />• General Plan <br />o The fraternity violates the General Plan <br />The Masonic fraternity is currently violating the general plan designation of "public and <br />institutional" since it excludes all women and some men who are not voted in by the <br />current membership. That is, the Masons are a private club, not a public club like the <br />Boy Scouts, in which anyone can be a member. And as Mr. Dolan states in a letter to the <br />EV Free Church, "California state law clearly directs the City to defer to the General Plan <br />designation when there is a conflict between the general plan designation and the <br />zoning of the property," that is, the general plan has priority. Therefore, the Masonic <br />fraternity risks being able to operate at its current location. <br />o The catering company and party venue violate the General Plan <br />Catering company: The catering company is a private commercial business, with a <br />separate tax ID and business License, and is not associated with the Masons. Therefore, <br />the catering company is not "public and institutional." <br />Party venue: The party venue is managed by the Pleasanton Masonic Center (PMC). The <br />PMC lost its tax exempt and non - profit statuses, and therefore is a for - profit business. <br />Therefore, the party venue is not "public and institutional." <br />• Zoning Codes <br />o The fraternity violates the zoning codes <br />The Millers have demonstrated, by analyzing the Masons' tax returns, the fraternity's <br />use has changed from a fraternity to a catering company and party venue. The Masons' <br />revenues from the catering company and party venue are two to four times the <br />7 <br />
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