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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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Page 2 of 3 <br />Also, having doors means they can be opened. Even if music generated from within meets the noise <br />code when the doors are dosed, it will exceed the code when they are opened. Also, having the doors <br />facilitates having activity in the north and west areas. Even without music, we have measured well over <br />70 dB from the normal events of twenty to thirty people that the Masons sponsor. <br />The problem is that the events at the lodge exceed the normal use and frequency of a typical neighbor. <br />Although the log that we gave you represents the use of the building in 2008, we did not document the <br />use in 2007. In that year, there were more parties, probably because the economy was better, and the <br />frequency was extreme. In one weekend, there was a party Friday night, a second party all day Saturday <br />in the backyard area, and a third party Saturday night. A normal neighbor would not have this type of <br />activity, and since the Mason's property is much larger than a typical Valley Trails home, the volume of <br />people greatly exceeds a typical backyard party. <br />Activities Allowed in. North and_ West Areas <br />Allowing activity in the back area, even without music, can easily exceed the noise codes. When twenty <br />to thirty people are in the backyard area, the noise from masses of people talking and kids playing, <br />measured 25 feet from the structure and/or at our property line, routinely exceeds the noise codes. <br />Therefore even if the doors are taken out, the activities on the north side must stop. <br />The use permit states in condition #1, "activities focused on the south" and in condition #20, "applicant <br />provide an effective buffer." The Staff Report and Public Hearing notes explain the meaning of the first <br />condition, stating that activities on the north and west should be prohibited. Our prior letter stated, "If <br />there is any ambiguity on the face of the Lodge's Conditional Use Permit, the Staff Report and Public <br />Hearing notes should be used to interpret the meaning of the Permit and what the City Staff and Council <br />intended at the time that the Permit was issued. While some City employees have contended that these <br />ancillary materials are not "binding" on the City, they certainly explain what was intended when the <br />Permit was issued in 1977. They also show how the site and structure were designed to focus activities <br />toward the south side of the property and buffer noise from such activities from getting to and annoying <br />the residents." Consequently, any fair reading of these documents would indicate that the Masons <br />should not be conducting activities on the north and west sides of their building. <br />Also the property across from the Masons on the SW corner of South Valley Trails and Hopyard is built <br />on the furthest corner away from the residents. There are either hundreds of yards between the structure <br />and any neighbor, or public tennis courts. Both the space and tennis courts shield the neighbors —and <br />that facility is only a church—not a lodge with known noise nuisance problems when renting for <br />weddings, etc. We feel that this sets a precedent for planning in Pleasanton. <br />We also stated to you that St. Claire's church, and our neighbors Ron and Pam Lambert are the most <br />effected due to location. Most other neighbors are either shielded by distance, buildings, etc. <br />Finally, we believe that the Masons are responsible for knowing their use permit and for implementing <br />changes that violated it. With the changes made to the building and grounds by the Masonic Lodge <br />several years ago, well after the building was constructed, the Masonic Lodge is now in violation of the <br />conditional use permit and the intentions of the Planning Commission in granting the permit. <br />Furthermore, the City's residential zoning ordinance has the purpose to "protect residential properties <br />from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other <br />objectionable influences." Pleasanton Municipal Code § 18.36.010(H). Therefore, the Masons are also <br />in violation of the zoning ordinances because they have plainly changed the lodge's uses from those <br />consistent with a residential neighborhood to ones more in line with a night club in a commercial area. <br />3/16/2009 <br />
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