06 ATTACHMENT 5 - Laserfiche WebLink

Mark Dennis From: Darlene Miller Sent Tuesday, May 03, 2016 11:44 AM To: Mark Dennis; Adam Weinstein; Gerry Beaudin; Jay Lee Cc: ncalleni greg.oconnor@ herb@ jack.balch@ dnagler@ ; mmiller @i Karla Brown; Kathy Narum Subject Rebuttal to you letter denying Millers' code enforcement at the Masonic Lodge Attachments: Noise complaint response to Mark Dennis v4.docx Officer Dennis, Thank you for responding to our recent code enforcement for noise nuisance and backyard use violations at the Masonic Lodge. In your letter dated March 31, 2016, you state that that the CUP conditions: "Only slightly addresses outdoor activities," and that "Neither of the ICUP1 conditions prohibit the use of outdoor areas of the Masonic Lodge." We find your statements confusing since they are incorrect. The 1977 documents including the CUP, Design Review, and Staff Report all provide a compelling case, which specifically addresses outdoor activity and prohibits use of the backyard. In addition, we have also provided the City with proof that the Pleasanton Masonic Center (PMC) is now a commercial business after losing its tax - exempt status, non -profit status, and business license, and therefore should not be operating in a residential area. In addition, although the Pleasanton Lodge #321 has a CUP to operate on the premises, the Pleasanton Masonic Center does not have a CUP. Therefore, the PMC and the businesses it manages —the catering company and party business — should not be operating in a residential area. Furthermore, in 2014, the City's own staff report for a similar situation, Young Ivy, also provides evidence to prohibit use of the backyard. Finally, you refer to the Masons' "voluntary measures." These measures are not code and do not supersede a valid CUP, so they carry no weight and have no bearing on a code enforcement action. Furthermore, we did not agree to them. All of these topics are discussed in more detail in the attached letter. If you could please provide responses, we would appreciate it. Thank you, Mike and Darlene Miller Click Isere to report this email as spam. 1