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06 ATTACHMENT 5
City of Pleasanton
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092016
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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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o On June 12, 2000, the City wrote a letter to a catering company, Royal Raspberry <br />(which later became A Tasteful Affair), stating, "Catering establishments are not <br />allowed in this zoning district. For this reason staff cannot approve the zoning <br />certificate for Royal Raspberry at the proposed location." <br />o On June 29, 2000, the City approved very limited functionality for Royal Raspberry, <br />including, "... Internal consumption ... No food sold off site ... food sold indoors to <br />Masonic Lodge members." <br />o On February 4, 2005, the City approved very limited functionality for A Tastefu! <br />Affair (previously Royal Raspberry) for, "... No food sold off site ... All food sold <br />indoors to Masonic Lodge members." <br />o Therefore, from 2000 to 2005, the caterer could only sell food onsite at lodge <br />functions and not offsite to the public. Furthermore, the food could only be sold <br />indoors, clearly indicating that the prior planning commission recognized that <br />outdoor activities were not allowed. <br />• However, on November 18, 2005, the Masons wrote staff a letter requesting to expand the <br />catering uses to offsite catering to the general public. <br />o Ten days later, Planner Jenny Soo wrote the Masons a letter allowing catering to the <br />general public and offsite. That is, Jenny Soo's letter overturned prior decisions in <br />both 2000 and 2005. <br />o The City refers to Jenny Soo's letter to cite the City's approval of the Masons' <br />requests despite the fact that no public notice was given, violating residents' due <br />process rights, and despite the fact that no zoning certificate was provided. These <br />facts are also omitted form staff's 2015 report. <br />o However, the Millers argue that since no public notice and no zoning certificate was <br />provided by the City, that therefore A Tasteful Affair was never legitimately granted <br />the expanded catering abilities, and hence should only be selling food on -site and <br />inside the Masons' building. <br />o Furthermore, A Tasteful Affair holds its own events in the Masons' backyard. <br />o On their own website, A Tasteful Affair advertises the Masons' backyard as a party <br />venue for A Tasteful Affairs' own events. To repeat this very important point, A <br />Tasteful Affair is not only acting as a full blown caterer, but also using the Masons' <br />backyard area for their own events — despite the fact that A Tasteful Affair is a <br />completely separate entity from the Masons. Therefore, the City's decision to allow <br />a catering company to reside in the lodge is a major factor contributing to the noise <br />nuisance in the backyard since it doubled the entities using the backyard —both the <br />Masons and A Tasteful Affair. Please note, the catering company has no conditional <br />use permit to operate in the Masons' kitchen, which is why the Millers hear them at <br />all hours of the night. <br />• Also, in addition to CUP violations, the catering company is also violating: <br />o Zoning codes: Staff's 2015 report omits the zoning codes violations. Specifically, <br />catering companies are only allowed in commercial districts CR, CN, CC, and CS. <br />Since the Masons property is zoned RM -2500, Multi- family Residential, catering <br />companies are not allowed. This is why prior staff in the year 2000 wrote, "Catering <br />companies are not allowed in this zoning district." <br />o General Plan: Staff's 2015 report omits the General Plan violation. Commercial <br />businesses such as catering companies or party venues are not "public and <br />10 <br />
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