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