06 ATTACHMENT 5 - Laserfiche WebLink

• Furthermore, the Masons are violating their conditional use permit, essentially breaking the City's law. Why would the Millers agree to something that allows the Masons to break the law a little less? • It has been the Millers position from the beginning that the Masons are breaking the law, and the City needs to enforce the codes and stop the Masons' parties in the backyard. The Millers don't know how they can be any clearer. 20. Page 8 of the 2015 Staff Report discusses a noise complaint filed by the Millers on November 9, 2013 regarding another party with 25 children playing and screaming in the backyard. "Staff contacted the President of the Masonic Center, and was informed that the indoor space was used by a group of [Masonic) women engaging in quilting, and the quilters' children were playing outside" • This is correct. However, the following clarifying point was omitted. Since the lodge was not rented out, it is assumed that the women were Masons. Therefore, even if the parties are Masonic parties, and not public parties, they can still be extreme noise nuisances, as in this case when 25 Masonic children were running around screaming in the backyard. Please remember that the backyard is part of the buffer, which is not allowed to be used. 21. Page 8 of the 2015 Staff Report also states, "Staff responded that children's voices measured in excess of 70 DBA does not violate the noise ordinance." • This is actually correct. However, as a point of clarification, this occurred when the Millers submitted a code enforcement request for noise violation to Walter Wickboldt and discovered that that voices are not included in the noise codes. 22. Page 8 of the 2015 Staff Report refers to the "Pleasanton Police Calls for Service Log Associated with the Masonic Center Site" in exhibit D. • Although the City provides the exhibit, the City omitted the numerous other parties that are listed in this log who also complained against the Masons. This is discussed in #5 above. 23. Page 9 of the 2015 Staff Report discusses the Millers' claims against the City: "The Millers have made claims indicating that the City Planning Division has unreasonably allowed an incremental expansion of activities at the Masonic center that have adversely affected neighboring residents." • This is true. The City is destroying the peace in residential neighborhoods to benefit commercial businesses. Unlike prior planners and commissioners, this Planning Department is allowing a building in a residential neighborhood to be used beyond anything that should be allowed in a residential neighborhood, including both loud outdoor public parties (up to 600 people including serving alcohol), and a catering company. The Planning Dept. is overriding zoning codes and allowing these violations by calling them an "accessory use," (or minor use) despite the commercial uses being the major use and despite case law precedent in Los Angeles where the court ruled that such activities do not meet the standard for accessory use. 24. Page 9 of the 2015 Staff Report discusses the Millers claims against the Masons: 20