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2. The City staff omitted the Masons' violations of the relevant zoning codes now that the Lodge <br /> has morphed from a fraternity into a commercial business. <br /> a. General Plan <br /> The Masonic Lodge is operating in a General Plan designation of"public and <br /> institutional,"which prohibits commercial businesses. <br /> b. Zoning codes <br /> The Masonic Lodge property is designated as RM-2500, which is Multi-family <br /> Residential.The Masons are allowed in RM-2500 because of provision "J" of zoning <br /> code 18.36.040, which states that the lodge must be non-commercial. However,the <br /> lodge has now morphed into a commercial business. <br /> 3. The City staff omitted relevant case law regarding a Masonic Lodge in a residential area in Los <br /> Angeles. <br /> a. The Los Angeles court case is about a similar Masonic Lodge in a residential area <br /> that also morphed from a fraternity into a commercial party business (which was <br /> discussed in more detail in a prior email sent on Sept. 12). <br /> b. The court agreed that the City could order the Masons to stop their commercial <br /> party business because it was not related to any religious or non-profit activity, and <br /> therefore was purely commercial which is not allowed in a residential area. <br /> 4. The City staff omitted their decision in a relevant case—Young Ivy Academy. <br /> The Millers should have been given the same consideration for"ambient noise" that the City <br /> gave the neighbors surrounding Young Ivy Academy, a school for children. In the Young Ivy <br /> hearing,the City recommended to deny the school their outdoor playground to protect the <br /> neighbors from ambient noise. Why could staff be empathetic to ambient noise for neighbors <br /> next to a playground, and not empathetic to neighbors next to the Masons? Especially when the <br /> Masons' noise nuisance is so much greater than Young Ivy's noise nuisance?That is, Young Ivy's <br /> proposed playground is approximately 60 to 80 feet away from neighbors with only 16 children, <br /> versus the Masons' outdoor entertainment room,which is zero feet away from neighbors with a <br /> capacity of up to six hundred? <br /> 5. The City staff omitted that the Pleasanton Masonic Center lost its tax-exempt and non-profit <br /> statues. While the Masons claim that their non-profit status is being restored, the official IRS <br /> and Secretary of State Sites still list their status as revoke, as it has been since 2010. <br /> 6. The City staff omitted that the Pleasanton Masonic Center (PMC) does not have a Pleasanton <br /> business license.The Millers are dumbfounded as to why the City is allowing them to operate <br /> without a Pleasanton business license. <br /> 7. The City staff omitted that four times they have changed their reason for allowing use of the <br /> backyard. (See Attachment#1.) <br /> 8. The City staff omitted that the Millers and their attorney disagree with the staff's current <br /> interpretation of the noise codes excluding voices. <br />