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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 #3A— Violations of Current Codes <br />The Pleasanton Masonic Center (PMC) is no longer tax exempt or non - profit <br />The PMC, who owns the lodge building, has lost its tax exempt status, its non - profit <br />corporate status, and its Pleasanton business license as an exempt -non- profit, and <br />therefore is now a for - profit commercial business. Furthermore, the PMC manages the <br />revenues from renting the kitchen to a privately-owned commercial catering company, <br />and from renting the building to the public as a party venue. (Please note, the fraternity, <br />Pleasanton Lodge 11321, does not own the building. Instead, the PMC owns the building. <br />The significance of this is discussed below.) <br />General Plan <br />The Masonic Lodge property is designated in the general plan as "public and institutional." <br />VIOLATION 8: Commercial businesses such as the PMC, privately -owned commercial catering <br />companies, and privately -owned commercial party venues, are not "public and institutional" <br />which Mr. Dolan, in a 2011 letter states as, "a school, a church, and other similar uses." <br />VIOLATION #9: The Mason fraternity is not "public and institutional" since it excludes all women <br />and some men who are not voted in by the current membership. <br />VIOLATION #10: Mr. Dolan states in a letter to the EV Free Church, "California state law clearly <br />directs the City to defer to the General Plan designation when there is a conflict between the <br />general plan designation and the zoning of the property." That is, the General Plan has <br />priority, and the GP does not allow private clubs or commercial businesses in this area. <br />Zoning Codes <br />The Masonic Lodge property is designated as RM -2500, which is Multi- family Residential. <br />Fraternal organizations such as the Masons are allowed in RM -2500 areas because of zoning <br />code 18.36.040 and provision "1" for "Private noncommercial clubs and lodges." <br />A. Charitable institutions E. Lodging houses <br />B. Churches C F. Motels (only in RM- 1,500) <br />C. Golf courses G. Nursery schools <br />D. Hospitals H. Private recreation parks L. Trailer parks <br />and swim clubs <br />I. Private schools <br />1. Private noncommercial <br />clubs and lodges <br />K. Public utilities <br />M. Accessory structures) <br />N. Home occupations <br />O. Day care facilities <br />P. Small bed & <br />breakfasts <br />TABLE 1: Zoning code 18 36.040 lists the conditional uses in RM Multi- family Residential districts as: <br />VIOLATION 011: The Pleasanton Masonic Center, since it is now a commercial business, <br />is not allowed in RM -2500. <br />- VIOLATION 012: Commercial catering companies are not allowed in RM•2500. Commercial <br />catering companies are only allowed in commercial districts CR, CN, CC, and CS. <br />- VIOLATION 013: Commercial party venues (AKA commercial banquet facilities) are not <br />allowed in RM -2500. <br />VIOLATION 014: Also, the City violated prior case precedent by overturning prior decisions in both <br />2000 and 2005 which only allowed extremely limited catering for on-site events only. <br />Public Notice <br />The planning commission must hold a public hearing for applications and variances to use permits. <br />)S <br />
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