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RESOLUTION NO. 12-539 <br /> RESOLUTION DENYING THE APPEAL OF COUNCILMEMBER MATT <br /> SULLIVAN, THEREBY UPHOLDING THE PLANNING COMMISSION'S <br /> DENIAL OF THE EARLIER APPEAL (ANGELA JOE-WILLMES AND LINDA <br /> MARTIN) THEREBY UPHOLDING THE DIRECTOR OF COMMUNITY <br /> DEVELOPMENT'S ISSUANCE OF THE ZONING CERTIFICATE FOR <br /> WALMART NEIGHBORHOOD MARKET AT 3112 SANTA RITA ROAD, AS <br /> FILED UNDER CASE NO. P12-0113 <br /> WHEREAS, WalMart Neighborhood Market applied for Zoning Certificate <br /> approval to allow the operation of a food market at 3112 Santa Rita Road; and <br /> WHEREAS, zoning for the property is Planned Unit Development — Commercial - <br /> Office (PUD-C-O) District and food markets, including supermarkets, are permitted uses <br /> pursuant to Ordinances 1035 and 1215; and <br /> WHEREAS, the Director of Community Development approved WalMart <br /> Neighborhood Market's application for zoning approval on February 2, 2012, based on <br /> WalMart Neighborhood Market's narratives dated December 20, 2011, January 24, <br /> 2012, and January 30, 2012, which proposed re-use of an existing building without <br /> exterior modification, as well as hours of operation and truck delivery limits in <br /> compliance with Ordinance 1165; and <br /> WHEREAS, within the time specified by the Pleasanton Municipal Code, Angela <br /> Joe-Willmes and Linda Martin submitted an appeal of the decision of the Director of <br /> Community Development to the Planning Commission claiming that the WalMart <br /> Neighborhood Market did not comply with the zoning code, PUD, or General Plan; and <br /> WHEREAS, at its meeting of March 19, 2012, the Planning Commission, having <br /> considered all public testimony, relevant exhibits, and recommendations of City staff <br /> concerning the appeal, denied the appeal, thereby upholding the Director of Community <br /> Development's issuance of the Zoning Certificate; and <br /> WHEREAS, within the time specified by the Pleasanton Municipal Code, <br /> Councilmember Sullivan submitted an appeal of the decision of the Planning <br /> Commission to the City Council; and <br /> WHEREAS, at its special meeting of May 7, 2012, the City Council received a <br /> report from the Director of Community Development, together with a copy of the staff <br /> report to the Planning Commission, regarding this matter; and <br /> WHEREAS, the City Council held a special public hearing on May 7, 2012, at <br /> which time Councilmember Sullivan, as the appellant, the applicant, and other members <br /> of the public were offered an opportunity to present evidence regarding the appeal; and <br />