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RES 19-1077
City of Pleasanton
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RES 19-1077
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/16/2019
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WHEREAS, pursuant to PMC §18.144.030 at its regular meetings of August 21, 2018, the <br /> City Council received a report from the Director of Community Development, together with a copy <br /> of the staff reports to the Planning Commission, the minutes of the Planning Commission's <br /> meetings, and held a regular public hearing at which time Michael and Darlene Miller, and Chabad <br /> of the Tri-Valley, as the appellants and appellant/applicant, respectively, and other members of <br /> the public were offered an opportunity to present evidence regarding the appeals; and <br /> WHEREAS, at the conclusion of the August 21, 2018 meeting the City Council continued <br /> the hearing to a date uncertain to provide additional time for the appellants and staff to reach <br /> agreement on potential revisions to the draft conditions of approval with respect issues raised in <br /> the appeals; and <br /> WHEREAS, on September 28, 2108 the City received written correspondence from St. <br /> Clare's Episcopal Church regarding potential conflicts between Chabad of the Tri-Valley's <br /> proposed uses and the Church's' previously-approved use permit for a phased expansion; and <br /> WHEREAS, on April 16, 2019, the City Council, received an updated report from the <br /> Director of Community Development and held a continued public hearing at which the two <br /> appellants and the public, including representatives of St. Clare's Episcopal Church, were offered <br /> a further opportunity to present evidence regarding the appeals. <br /> NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: <br /> SECTION 1. Pursuant to PMC §18.144.040, both Michael and Darlene Miller's appeal, <br /> and Chabad of the Tri-Valley's appeal, of the Planning Commission's June 27, 2018 decision are <br /> denied because the City Council finds that: <br /> Findings for Chabad of the Tri-Valley Conditional Use Permit. With respect to the Chabad <br /> of the Tri-Valley's Conditional Use Permit and the appeals, the City Council determines that the <br /> project was reviewed and approved based on the criteria required by PMC §18.124.070, and <br /> pursuant to PMC §18.144.040 makes the following findings: <br /> A. That the proposed location of the conditional use is in accordance with the objectives <br /> of the zoning ordinance and the purpose of the district in which the site is located. <br /> Some of the objectives of the zoning ordinance are to: foster a harmonious, <br /> convenient, workable relationship among land uses, protect existing land uses from <br /> inharmonious influences and harmful intrusions, and ensure that public and private <br /> lands ultimately are used for the purposes which are most appropriate and beneficial <br /> to the City as a whole. The project site is located within a multi-family residential (RM) <br /> district which, per PMC §18.36.010, is intended to achieve various purposes including: <br /> providing spaces for semipublic facilities needed to complement urban residential <br /> areas and space for institutions that require a residential environment; to provide <br /> necessary space for off-street parking of automobiles; and to protect residential <br /> properties from noise, illumination, unsightliness, odors, glare and other objectionable <br /> influences. The subject RM zoning district allows, as conditionally permitted uses, <br /> religious institutions, nursery schools and private schools. The project, as conditioned, <br /> would provide for a semipublic use and an institution serving the needs of residents; <br /> and would not generate off-site parking demands that would impact neighboring <br />
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