06 ATTACHMENT 5 - Laserfiche WebLink

o On June 12, 2000, the City wrote a letter to a catering company, Royal Raspberry (which later became A Tasteful Affair), stating, "Catering establishments are not allowed in this zoning district. For this reason staff cannot approve the zoning certificate for Royal Raspberry at the proposed location." o On June 29, 2000, the City approved very limited functionality for Royal Raspberry, including, "... Internal consumption ... No food sold off site ... food sold indoors to Masonic Lodge members." o On February 4, 2005, the City approved very limited functionality for A Tastefu! Affair (previously Royal Raspberry) for, "... No food sold off site ... All food sold indoors to Masonic Lodge members." o Therefore, from 2000 to 2005, the caterer could only sell food onsite at lodge functions and not offsite to the public. Furthermore, the food could only be sold indoors, clearly indicating that the prior planning commission recognized that outdoor activities were not allowed. • However, on November 18, 2005, the Masons wrote staff a letter requesting to expand the catering uses to offsite catering to the general public. o Ten days later, Planner Jenny Soo wrote the Masons a letter allowing catering to the general public and offsite. That is, Jenny Soo's letter overturned prior decisions in both 2000 and 2005. o The City refers to Jenny Soo's letter to cite the City's approval of the Masons' requests despite the fact that no public notice was given, violating residents' due process rights, and despite the fact that no zoning certificate was provided. These facts are also omitted form staff's 2015 report. o However, the Millers argue that since no public notice and no zoning certificate was provided by the City, that therefore A Tasteful Affair was never legitimately granted the expanded catering abilities, and hence should only be selling food on -site and inside the Masons' building. o Furthermore, A Tasteful Affair holds its own events in the Masons' backyard. o On their own website, A Tasteful Affair advertises the Masons' backyard as a party venue for A Tasteful Affairs' own events. To repeat this very important point, A Tasteful Affair is not only acting as a full blown caterer, but also using the Masons' backyard area for their own events — despite the fact that A Tasteful Affair is a completely separate entity from the Masons. Therefore, the City's decision to allow a catering company to reside in the lodge is a major factor contributing to the noise nuisance in the backyard since it doubled the entities using the backyard —both the Masons and A Tasteful Affair. Please note, the catering company has no conditional use permit to operate in the Masons' kitchen, which is why the Millers hear them at all hours of the night. • Also, in addition to CUP violations, the catering company is also violating: o Zoning codes: Staff's 2015 report omits the zoning codes violations. Specifically, catering companies are only allowed in commercial districts CR, CN, CC, and CS. Since the Masons property is zoned RM -2500, Multi- family Residential, catering companies are not allowed. This is why prior staff in the year 2000 wrote, "Catering companies are not allowed in this zoning district." o General Plan: Staff's 2015 report omits the General Plan violation. Commercial businesses such as catering companies or party venues are not "public and 10