06 ATTACHMENT 5 - Laserfiche WebLink

Attachment #5—Flyers the Millers handed out at Political Meetings (1 of 2) PROTECT PLEASANTON'S RESIDENTIAL NEIGHBORHOODS Although you may like going to parties, you probably never expected your neighbor on the other side of your backyard fence to morph into a commercial party business and financially profit by renting their backyard for large public parties (up to 600 people. including serving alcohol), while creating a noise nuisance for you —and that the City would condone it. Think living next to Chuck E. Cheese during the day and your local bar at night. The peace of Pleasanton's residential neighborhoods is at risk due to actions by the current Planning Department. Pleasanton has traditionally prided itself on being pro - residents, but the current Planning Department, unlike prior planners and commissioners, is undermining that stance. Only a strong reaction from residents will restore the balance. We hope you will agree that: • it's wrong for the City to allow commercial businesses to destroy the peace of residential neighborhoods. • The precedent the City has set could allow commercial enterprises to mushroom into residential areas. o Private clubs and non - profit organizations cannot be allowed to morph into commercial businesses in residential areas. Pleasanton has long recognized that while fraternal organizations, such as the Masons, are beneficial, permitting them to locate facilities in residential areas could result in damaging impacts on residents from noise nuisances if not regulated properly. How do the Masons create a noise nuisance? Some lodges like to supplement their income by renting their building to the public for parties, for example, wedding receptions, children's birthday parties, etc. This is why most lodges are located in commercial, not residential neighborhoods. Those few lodges located in residential areas either do not rent the building or do not rent the outside. Because of this, the 1977 City Planning Commissioners, in recognizing that they were permitting the extremely rare act of allowing a Masonic Lodge in a residential area, put specific regulations (called conditions which are stipulated in a CUP — Conditional Use Permit) on the Pleasanton Masons to ensure that the use of the facility did not create a noise nuisance to the neighbors. Specifically, the conditions stated that the Masons could not use the outside backyard area and that all noise had to be contained within the building. This created a win -win for everyone —the Masons could rent the inside of their building for events to the public yet not create a noise nuisance to the neighbors. However, the current Planning Department has allowed the Masons to remodel their building and turn the backyard area into an outdoor entertainment space to rent to the public for large, noisy, parties, up to 600 people, including alcohol, and therefore have created "Party Central." Furthermore, the Planning Department has allowed the Masons to rent the kitchen to a catering business, also creating a noise nuisance since it operates at all hours of the day and night. These changes have destroyed the peace and tranquility of neighboring residents. This is contrary to the zoning codes and the use permit that the Planning Commission approved. Of course, large parties and commercial businesses have their place — but it shouldn't be in residential areas. In fact, commercial businesses are never supposed to be allowed in residential areas. The Planning Department is overriding zoning codes and justifying these violations by calling these activities an "accessory use." Most of us would understand an accessory use to be a minor use associated with the main activity. The Planning Department's interpretation, however, allows the tail to wag the dog, with the commercial activities creating the major use. Both revenues and use of the building combined from the catering company and public parties far outweigh the revenues and use of the building for Masonic membership dues, meetings and activities. Furthermore, the City is ignoring case law precedent in Los Angeles with another Masonic lodge in which the Court decided that commercial activities in a residential zone do not constitute an allowable (accessory) use and ordered the Masons to cease and desist commercial activities. Who knows how the current Planning Departments' position will impact Pleasanton in the future by allowing commercial businesses to mushroom into residential neighborhoods, and by letting churches, schools and even Masonic Temples to start commercial businesses to supplement their income. Protect the peace and tranquility of your home —join us in telling the City to enforce the codes and protect Pleasanton's residences from these abuses. Please read more about this at www.SavePleasantonNeighborhoods.com 30