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ATTACHMENT 1 <br />RESOLUTION NO. 08- <br />RESOLUTION DENYING THE APPEAL OF CASE PCUP-200, THEREBY <br />UPHOLDING THE PLANNING COMMISSION'S DENIAL OF THE APPLICATION OF <br />JOHN PFUND, TRI-VALLEY MARTIAL ARTS ACADEMY FOR A CONDITIONAL USE <br />PERMIT, AS FILED UNDER CASE PCUP-200 <br />WHEREAS, John Pfund, Tri-Valley Martial Arts Academy has applied for a <br />conditional use permit to allow a martial arts academy which would: (1) include up to <br />20 students ages 5 to 12 years, and an additional 10 students 16 years and older and <br />1 employee, Monday through Friday between the hours of 11:30 a.m. and 9:00 p.m.; <br />and (2) provide (a) child transportation to the academy from elementary and middle <br />schools, (b) an afternoon program for children between the hours of 11:30 a.m. and <br />6:15 p.m., (c) an area for homework activities, (d) after-school martial arts-related <br />games and activities, (e) seasonal camps, and (f) care and supervision from 9:00 a.m. <br />to 6:15 p.m. on school holidays, two weeks during the school winter break and ten <br />weeks during the school summer break, in an existing building located at 1262 Quarry <br />Lane, Suite A, in the Valley Business Park; and <br />WHEREAS, zoning for the property is PUD-I (Planned Unit Development - <br />Industrial) District; and <br />WHEREAS, at its meeting of February 13, 2008, the Planning Commission, <br />having considered all public testimony, relevant exhibits, and recommendations of City <br />staff concerning this application, denied the application without prejudice; and <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, the <br />applicant submitted an appeal of the decision of the Planning Commission to the City <br />Council; and <br />WHEREAS, at its meeting of April 15, 2008, the City Council received a report <br />from the Director of Planning and Community Development, together with a copy of the <br />staff report to the Planning Commission, regarding this matter; and <br />WHEREAS, the City Council held a public hearing on April 15, 2008, at which <br />time the appellant and any other member of the public was offered an opportunity to <br />present evident regarding the appeal; and <br />WHEREAS, after a review of the materials presented, the City Council was not <br />able to make the findings for the proposed conditional use and determined that the <br />proposed conditional use is not appropriate for the site. <br />1 <br />