PC 111214 - Laserfiche WebLink

conducted. He noted that the City also allowed the Masons to rent the building to a commercial heating company which has, in fact, established the building as a place of business, all of which are in violation of the Mason's Conditional Use Permit, the Conditions of Approval, the Zoning Ordinance, and the General Plan. He added that this noise nuisance violates the City ordinances because it is directly in the backyard of residences. Mr. Miller stated that they have been discussing and working on this matter with the City for eight years, which is very troublesome to them because the City is not only allowing the Masons to continue to use this backyard area, it is also allowing a catering company to rent that building and conduct its business there, as well as use the backyard area for its events. He indicated that they have come to the City to say that this is a wrong thing to do in a residential area, but the City, instead of enforcing the Conditional Use Permit and Zoning Ordinance, has asked them to negotiate with the Masons, essentially allowing the Masons to do things that its Conditional Use Permit apparently does not allow. Mr. Miller stated that what they are asking is that the City simply enforce the 1977 Conditional Use Permit, staff report, and building design review, which prohibits the Masons from using the backyard. He indicated that he would also like the City to add conditions for this Conditional Use Permit requiring any other entity that uses the building for whatever purpose to adhere to those same guidelines and not use the backyard area. He noted that they are trying to be very good neighbors because they are not asking that the commercial activities occurring there be shut down or the catering company be removed; all they are asking is that the terms of the Conditional Use Permit be enforced and that the noise that affect them be stopped. He added that there are a couple of points that may seem minor that he wanted the Commission to take note of: (1) the Masons do not have a business license; and (2) a similar situation occurred in Los Angeles where an attempt was made to move a commercial business into a residential area, and the court ordered them to cease and desist that activity as a violation of the zoning ordinances and the rights of conditional use in that area. Mr. Miller stated that they live in constant fear that there would be a party of 200 people in the Lodge's backyard on a Saturday night, talking, laughing, drinking, having a great time, and the Millers would be in their house cowering. He noted that this is a continuing, ongoing problem which is destroying their peace of mind, damaging their property value, and opening the door for any operation like the Masons to morph into a commercial business in a residential zone. He indicated that they are seeking the Commission's help to agendize a hearing to review and enforce the Masons' Conditional Use Permit and Conditions of Approval. He added that this matter has also revealed an issue that human voices are exempted from the Noise Ordinance, such that people can talk as loud as they want without violating the Noise Ordinance. 4. REVISIONS TO THE AGENDA Mr. Weinstein stated that there were no revisions to the agenda. PLANNING COMMISSION MINUTES, November 12, 2014 Page 3 of 35