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ATTACHMENT 1 RESOLUTION NO. 12- RESOLUTION DENYING THE APPEAL OF COUNCILMEMBER MATT SULLIVAN, THEREBY UPHOLDING THE PLANNING COMMISSION'S DENIAL OF THE EARLIER APPEAL (ANGELA JOE-WILLMES AND LINDA MARTIN) THEREBY UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT'S ISSUANCE OF THE ZONING CERTIFICATE FOR WALMART NEIGHBORHOOD MARKET AT 3112 SANTA RITA ROAD, AS FILED UNDER CASE NO. P12-0113. WHEREAS, WalMart Neighborhood Market applied for Zoning Certificate approval to allow the operation of a food market at 3112 Santa Rita Road; and WHEREAS, zoning for the property is Planned Unit Development— Commercial - Office (PUD-C-O) District and food markets, including supermarkets, are permitted uses pursuant to Ordinances 1035 and 1215; and WHEREAS, the Director of Community Development approved WalMart Neighborhood Market's application for zoning approval on February 2, 2012, based on WalMart Neighborhood Market's narratives dated December 20, 2011, January 24, 2012, and January 30, 2012, which proposed re-use of an existing building without exterior modification, as well as hours of operation and truck delivery limits in compliance with Ordinance 1165; and WHEREAS, within the time specified by the Pleasanton Municipal Code, Angela Joe-Willmes and Linda Martin submitted an appeal of the decision of the Director of Community Development to the Planning Commission claiming that the WalMart Neighborhood Market did not comply with the zoning code, PUD, or General Plan; and WHEREAS, at its meeting of March 19, 2012, the Planning Commission, having considered all public testimony, relevant exhibits, and recommendations of City staff concerning the appeal, denied the appeal, thereby upholding the Director of Community Development's issuance of the Zoning Certificate; and WHEREAS, within the time specified by the Pleasanton Municipal Code, Councilmember Sullivan submitted an appeal of the decision of the Planning Commission to the City Council; and WHEREAS, at its meeting of May 7, 2012, the City Council received a report from the Director of Community Development, together with a copy of the staff report to the Planning Commission, regarding this matter; and WHEREAS, the City Council held a public hearing on May 7, 2012, at which time Councilmember Sullivan, as the appellant, the applicant, and other members of the public were offered an opportunity to present evidence regarding the appeal; and