06 ATTACHMENT 5 - Laserfiche WebLink

• Staff report: "activity would be focused away from the Northern residences" • Design Review: The entrance to the building would be on the south side, There would be no windows in the other three elevations and the only other opening would be to emergency exits (one on the east side and the other on the north side). Because the building would be used for Lodge rituals, windows are not desired. • Design review: "Placing the entrance on the south side of the building concentrates outdoor activities as far as possible from the bordering residences" • Design review: "This Is in conformance with the requirements of the conditional use permit" You can see that the building was mandated to be designed with no windows. and only one door on the south (except for two emergency exits) to contain "any noise" within the building, and prevent people from using the backyard —since there was no access to it. Not even windows were allowed on the north side —which the Masons violated by installing the French doors. Looking at all the above items together, a reasonable person would not conclude as you did that the CUP only "slightly addresses outdoor activities," and that the CUP does not "prohibit the use of outdoor areas." Protecting the neighbors from noise nuisances by prohibiting activity in the backyard is a dominant theme in the CUP and related documents. Please respond with your feedback. 6) General Plan & Zoning Codes prohibit a private for - profit business from operating at the lodge The General Plan is a public and institutional designated area, where the lodge is located, and zoning code 18.36.040 Provision 1 allows private noncommercial clubs and lodges in an RM -2,500 area. There are two entities operating at the lodge. Below is a summary of the differences and relationship between these two entities. (Note: We have provided the City with the tax returns for both of the entities.) • Pleasanton Lodge #321: This entity is the fraternity; it has Tax ID: 23- 7158536; it receives revenues from member dues; and is a tax exempt nonprofit. • Pleasanton Masonic Center (PMC): This entity is the management company; it owns the lodge building; it has Tax ID: 94- 2673219; it receives revenues by renting the kitchen to the catering company, renting the building to the public for parties, and renting the lodge to the Masons. The PMC was a tax - exempt nonprofit until 2010 when it became a privately owned commercial business because its tax - exempt status with the IRS was revoked in 2010, its nonprofit status with the Secretary of State was suspended, and its Pleasanton business license