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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 The Millers believe that their efforts have motivated the Masons to reduce the number <br />of outdoor activities, but without a resolution from the City, the Masons could resume <br />activity at any time. <br />o The leadership of the Masons could change at any time, and the new leadership may <br />wish to pursue increased commercial activity at the site. <br />o The Millers need to restore the damage to their property value. An appraiser estimated <br />the damage to the property at 3% to 5 %, or possibly even 100% if the Millers could not <br />sell at all due to buyers preferring homes without noise nuisances. At current market <br />values, this is between $25,500 and $42,500, or possibly even $850,000 if the Millers <br />could not sell at all. Note: noisy neighbors are required by law to be disclosed on realtor <br />sales forms. <br />o The illegal glass French doors installed facing the Millers are not sound rated and <br />therefore, even if the Masons contain the parties inside, loud music still bleeds through <br />creating a noise nuisance. These doors need to be changed to STC rated doors or solid <br />doors if the Masons want to continue to have loud music in the dining hall with the <br />"boom, boom, boom" bass sounds creating vibrations and noise. <br />o The Millers are not only fighting for themselves, but for everyone in Pleasanton since <br />this issue has far reaching implications for every Pleasanton resident. If the City allows <br />entities in residential areas to violate their CUPs and morph into commercial <br />establishments at will, no one who lives next to such establishments will be safe. <br />o If Pleasanton is a City of Character, which is what we all want it to be, the City must keep <br />its promises and enforce its codes. Otherwise, this is an empty slogan. <br />10. Page 4 -5 of the 2015 Staff Report discusses the 1977 staff report and states, <br />"To direct noise away from the residential uses, the [1977) staff report <br />suggested prohibiting openings on the North and West sides of the structure. <br />The Planning Commission approval did not prohibit such openings but did state <br />in Condition No. 1 '...that the buildings be designed so that activities will be <br />focused toward the southern portion of the subject property. "' <br />• The statement above by staff is incorrect. In fact, the 1977 Planning Commission approval <br />did prohibit such openings. This was discussed in #2 above. <br />• Furthermore, staff makes no statement as to how the City is currently allowing activities on <br />the northern portion of the property when Condition No. 1 clearly states, "Activities will be <br />focused toward the southern portion of the subject property." To be very clear, because this <br />is such an important point, since the Millers house and the Masons backyard area are both <br />on the north side, activities in the backyard area violate Condition No. 1, and should have <br />been stopped 8 years ago. <br />11. Page 5 of the 2015 Staff Report discusses the 2003 building permit issued by the City, <br />"In June 2003, a building permit was issued to remove the existing kitchen door <br />on the north elevation and install a new double /French door on the north <br />elevation at the dining hall (Exhibit F}." <br />• The 2015 staff report omits stating that the building permit was incorrectly issued by the <br />City's Building Department. Since the lodge is a building that required design review to be <br />built, it therefore needs design review before any changes are made to the structure. <br />However, the Masons did not seek a design review, and the City's building department <br />16 <br />
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