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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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business. By using the Masons' tax returns, the Millers showed that the Masons' commercial <br />revenues (from the catering company and party venue) were two to four times the Masons' <br />fraternity revenues (from membership dues). Furthermore, the Millers estimated that the <br />hours -of -use of the lodge were 96% for commercial uses and 4% for fraternity uses. <br />• Consider this analogy. You are driving down a street when you are hit by a car who ran a red <br />light. An officer drives up to the scene of the accident, and you expect the officer to ticket or <br />arrest the driver of the other car. But instead of enforcing the traffic codes, the officer says, <br />"Let's negotiate." Your first question may be, "Why are we negotiating when there was a <br />clear violation of the codes ?" So now you have to spend your time researching the traffic <br />codes and eventually hiring an attorney to prove that the officer should have written a <br />ticket to the driver of the car that hit you. The appropriate and correct approach would be <br />for the officer to enforce the law and write a ticket. That is what the City should do to those <br />who violate their CUP, the zoning ordinances, and the General Plan —not negotiate but <br />rather enforce the codes. <br />7. Page 3 of the 2015 Staff Report discusses the March 25, 2009 Planning Commission meeting and <br />states: <br />"The commission also requested that a study be initiated to evaluate noise <br />impacts." <br />• This statement by the City is incorrect and misleading because the City omits that it was the <br />Masons who were required by Condition #2 in the 2009 staff report to do the noise study, <br />and subsequently that the Masons refused to do the noise study. <br />o In the public hearing regarding Millers vs. Masons held on March 25, 2009: <br />• The City proposed 7 new conditions. <br />• Condition #2 proposed by the City stated: <br />• "The Pleasanton Mason Lodge shall consult an acoustic professional <br />to explore mitigations to alleviate noise level. The acoustic <br />professional shall be one that is on the City's consultant with. The <br />consultant's report shall include mitigations and recommendations, <br />if the anticipated noise levels are found to exceed the Noise <br />Ordinance and the General Plan standards. The report shall be <br />provided to the Planning Division within 90 days from the date of <br />the approval.... No non -lodge functions shalt be held until <br />mitigations in the acoustic study have been implemented to the <br />satisfaction of the Director of Community Development." <br />• On April 3, 2009, Planner Donna Decker emailed the Millers stating, "Brian is <br />out of the office ... He is coordinating with the Masons to retain a consultant <br />to provide the study and will outline the scope of the work." <br />• On April 6, 2009, the Millers' attorney, David Austin, emailed the City <br />stating, "We have retained Derek Watry of Wilson Ihrig & Associates as a <br />qualified acoustical consultant to assist us in connection with these <br />proceedings. He will be engaged to review and comment on the suitability <br />and effectiveness of the noise ordinance compliance study (conducted by <br />the Masons] that will be conducted on the activities of the Masons at the <br />11 <br />
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