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