06 ATTACHMENT 5 - Laserfiche WebLink

The Staff Report further states "activities restricted to south side ofbuilsiing" and "The guiding standards for the development of the site shall be that ... the buildi gs be designed so that the activities will be focused toward the southern portion of the subject property." Exhibit A shows the north side area was suppose to be parking lot, precluding any activities to the north side. In the Public Hearing notes, page 6, it states that, "Commissioner Shepherd requested that some wording be inserted to safeguard the residences from the facility by means of buffering." Also, on page 7, "Commissioner Shepherd requested addition of Condition 20 to require some k'nd of effective buffer between the_ residential_ area and the facility." Public hearing notes the City Council accepted all 19 recommendations of the proposed planning resolution and added one more regarding a "buffer" as noted above. These findings and recommendations are consistent with the City's residential zoning ordinance, which provides that one of the several purposes of the ordinance is to "protect residential properties f om noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences." Pleasanton Municipal Code § 18.36.01001). The conditional use permit reflects the concerns raised in the public hearings and the Staff Report. It states: Section 1, item I. " the guiding standards for the development of the site shall be that structures not total more than approximately 20,000 sq. ft. in area and that the building be designed so that activities will be focused toward the southern portion of the subject property. Section I, item 20. "That the applicant provide an effective k ffer between the development and the single family residential area surrounding the property." Furthermore, if there is any ambiguity on the face of the Lodge's Conditional Use Permit, the Staff Report and Public Hearing notes should be used to interpret the meaning of the Permit and what the City Staff and Council intended at the time that the Permit was issued. While some City employees have contended that these ancillary materials are not "binding" on the City, they certainly explain what was intended when the Permit was issued in 1977. They also show how the site and structure were designed to focus activities toward the south side of the property and buffer noise from such activities from getting to and annoying the residents. With the changes made to the building and grounds by the Masonic Lodge several years ago, well after the building was constructed, the Masonic Lodge is now in violation of the conditional use permit and the intentions of the Planning Commission in granting the permit. It is also in violation of the zoning ordinances because it has plainly changed its uses from those consistent with a residential neighborhood to ones more in line with a night club in a commercial area. Specifically, 1. Construction of glass doors on the north side of the building allows sound (which has been measured in excess of 70 decibels) generated within the building to pass outside the building to the north, creating a nuisance for the residential areas north of the building. This clearly violates the planning commission's intent that noise be contained inside the building. 2. Construction of glass doors, a patio, and gardens on the north side allows participants of activities inside the building to move to the north side of the grounds outside the building and also allows the Lodge to conduct activities on the north side of the building. This clearly