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PLANNING COMMISSION CITY OF PLEASANTON COUNTY OF ALAMEDA STATE OF CALIFORNIA RESOLUTION NO. 1616 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON APPROVING A CONDITIONAL USE PERMIT FOR JIMMIE AND FLOREAN KING UNDER APPLICATION NO. UP-78-3. WHEREAS, Jimmie and Florean King applied for a conditional use permit to operate a residential care facility for no more than three developmentally disabled adults at their home at 2445 Via Espada; and WHEREAS, zoning for the property is R-1-6500 (Single Family Residential) District; and WHEREAS, a public hearing to review this application was held on March 8, 1978, when all pertinent maps, drawings, reports and testimony were taken by the Planning Commission; and WHEREAS, considerable opposition was registered by surrounding property owners, who feared that the use would change the character of their residential neighborhood; and WHEREAS, the City Attorney advised them that Sections 5115 and 5116 of the State of California Welfare and Institutions Code limits the ability of local jurisdictions to make determinations as to whether the use may or may not be permitted in a residential area and unlike other conditional use permits, such a permit as applied for under UP-78-3, cannot take into consideration the effects on surrounding properties and that argument cannot be used as a basis for imposing conditions on the application which would be discriminatory to the use of the residence as a residential care facility. NOW, THEREFORE, THE PLANNING COMMISSION RESOLVES AS FOLLOWS: Section 1. The Planning Commission approves the application filed under UP-78-3, subject to the following conditions of approval: 1. That no more than three persons be boarded on the subject site at any one time. 2. That the applicants meet all requirements of the State Department of Health for the boarding and care of develop- mentally disabled adults and that the use be licensed by the State at all times. 3. That no special facilities for the boarders be installed on the subject property without prior City approval.