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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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11/30/2016 1:07:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
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06
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\CITY CLERK\AGENDA PACKETS\2016\092016
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The Staff Report further states "activities restricted to south side ofbuilsiing" and "The guiding <br />standards for the development of the site shall be that ... the buildi gs be designed so that the <br />activities will be focused toward the southern portion of the subject property." Exhibit A shows the <br />north side area was suppose to be parking lot, precluding any activities to the north side. <br />In the Public Hearing notes, page 6, it states that, "Commissioner Shepherd requested that some <br />wording be inserted to safeguard the residences from the facility by means of buffering." Also, on <br />page 7, "Commissioner Shepherd requested addition of Condition 20 to require some k'nd of <br />effective buffer between the_ residential_ area and the facility." <br />Public hearing notes the City Council accepted all 19 recommendations of the proposed planning <br />resolution and added one more regarding a "buffer" as noted above. These findings and <br />recommendations are consistent with the City's residential zoning ordinance, which provides that <br />one of the several purposes of the ordinance is to "protect residential properties f om noise, <br />illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable <br />influences." Pleasanton Municipal Code § 18.36.01001). <br />The conditional use permit reflects the concerns raised in the public hearings and the Staff Report. <br />It states: <br />Section 1, item I. " the guiding standards for the development of the site shall be that <br />structures not total more than approximately 20,000 sq. ft. in area and that the building be designed <br />so that activities will be focused toward the southern portion of the subject property. <br />Section I, item 20. "That the applicant provide an effective k ffer between the development and <br />the single family residential area surrounding the property." <br />Furthermore, if there is any ambiguity on the face of the Lodge's Conditional Use Permit, the Staff <br />Report and Public Hearing notes should be used to interpret the meaning of the Permit and what the <br />City Staff and Council intended at the time that the Permit was issued. While some City employees <br />have contended that these ancillary materials are not "binding" on the City, they certainly explain <br />what was intended when the Permit was issued in 1977. They also show how the site and structure <br />were designed to focus activities toward the south side of the property and buffer noise from such <br />activities from getting to and annoying the residents. <br />With the changes made to the building and grounds by the Masonic Lodge several years ago, well <br />after the building was constructed, the Masonic Lodge is now in violation of the conditional use <br />permit and the intentions of the Planning Commission in granting the permit. It is also in violation <br />of the zoning ordinances because it has plainly changed its uses from those consistent with a <br />residential neighborhood to ones more in line with a night club in a commercial area. Specifically, <br />1. Construction of glass doors on the north side of the building allows sound (which has been <br />measured in excess of 70 decibels) generated within the building to pass outside the building to <br />the north, creating a nuisance for the residential areas north of the building. This clearly <br />violates the planning commission's intent that noise be contained inside the building. <br />2. Construction of glass doors, a patio, and gardens on the north side allows participants of <br />activities inside the building to move to the north side of the grounds outside the building and <br />also allows the Lodge to conduct activities on the north side of the building. This clearly <br />
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