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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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Attachment #2— Violations of 1977 Regulations <br />1977 Conditional Use Permit (CUP) <br />Condition 41: "...the guiding standards for the development of the site shall be that, .. the <br />buildings be designed so that activities will be focused toward the southern portion of the <br />subject property." <br />VIOLATION #1: Since the Millers house and the Masons backyard area are both on the <br />north side, activities in the backyard area violate condition #1. <br />Condition #20: "That the applicant provide an effective buffer between the development and <br />the single family residential area surrounding the property." Planner Donna Decker, in an <br />email to the Millers, defined the "buffer" as the backyard area. <br />VIOLATION #2: The Masons' use of the backyard area violates the required "buffer." <br />Catering company: the catering company has no conditions in the Masons' CUP <br />• VIOLATION #3: The catering company has no CUP to operate in the Masons' kitchen. <br />• VIOLATION #4: The catering co., which is completely unrelated to the Masons, should not have <br />use of the backyard for their own catering events —as advertised on their web site —which <br />creates additional traffic and an additional noise nuisance. <br />1977 Staff Report <br />The 1977 Staff Report showed the Planning Commissions intent to "minimize any noise <br />generated from within [the structure)" <br />VIOLATION #5: Having parties in the backyard, directly across from the Millers fence line violates <br />the intent of the staff report to "minimize any noise generated from within [the structure)." <br />1977 Design Review <br />The 1977 Design Review Board states, The entrance to the building would be on the south side. <br />There would be no windows in the other three elevations and the only other opening would be <br />to emergency exits (one on the east side and the other on the north side). Because the building <br />would be used for Lodge rituals, windows are not desired. Placing the entrance on the south side <br />of the building concentrates outdoor activities as far as possible from the bordering residences. <br />This is in conformance with the requirements of the conditional use permit approval." <br />• VIOLATION #6: The 1977 Design Review Board clearly restricted "openings" or <br />doors /windows on the side of the building facing the neighbors, and clearly understood that <br />converting the backyard area into an outdoor entertainment area violated the design <br />review. BUT MORE IMPORTANTLY that restricting building "openings" (AKA doors /windows) <br />on the north side is consistent with the requirements of the conditional use permit." <br />Therefore, it is clear that the design review and CUP do not allow activities in the buffer <br />space between the Masons building and the neighboring residences. <br />- The Masonic building required a design review by the Planning Department when it was originally <br />built in 1977; therefore, a design review by the City is required before any renovations. <br />• VIOLATION #7: The City and the Masons violated the City's process that required design <br />review and approval before changing the function of the building. <br />24 <br />
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