10 - Laserfiche WebLink

ATTACHMENT 1 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DENYING THE APPEAL OF YOUNG IVY ACADEMY, THEREBY UPHOLDING THE PLANNING COMMISSION'S DENIAL FOR DESIGN REVIEW APPROVAL AND MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE AN OUTDOOR PLAYGROUND AREA AT 5460 SUNOL BOULEVARD, SUITES 3 AND 4 (OAK HILLS SHOPPING CENTER), AS FILED UNDER CASE NOS. P14-0970 AND P14-1173. WHEREAS, Young Ivy Academy applied for Design Review approval and a Conditional Use Permit modification to construct a new outdoor playground area within the Oak Hills Shopping Center at 5460 Sunol Boulevard, Suites 3 and 4; and WHEREAS, zoning for the property is C-N (Neighborhood Commercial) District and outdoor playground areas are conditionally permitted uses pursuant to the Pleasanton Municipal Code; and WHEREAS, after receiving a staff presentation and public testimony, the Planning Commission approved the conversion of the tutoring facility into a Heritage School, but denied the application for Design Review approval and a Conditional Use Permit modification to construct a new outdoor playground area at its November 12, 2014 meeting; and WHEREAS, within the time specified by the Pleasanton Municipal Code, Young Ivy Academy submitted an appeal of the decision of the Planning Commission to deny the outdoor playground area, claiming that the Planning Commission did not provide a transparent process and failed to specify parameters for denial; and WHEREAS, at its regular meeting of December 16, 2014, 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 regular public hearing on December 16, 2014, at which time Young Ivy Academy, as the appellant/applicant, and other members of the public were offered an opportunity to present evidence regarding the appeal. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: SECTION 1. For the reasons set forth in the staff report and statements made during the public hearing, denies the appeal, thereby upholding the decision of the Planning Commission to deny the Design Review approval and a Conditional Use Permit modification to construct a new outdoor playground area within the Oak Hills Shopping Center at 5460 Sunol Boulevard, Suites 3 and 4.