06 ATTACHMENT 5 - Laserfiche WebLink

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