RES 08189 - Laserfiche WebLink

RESOLUTION NO. 08-189 RESOLUTION DENYING CASE PAP-119, THEREBY UPHOLDING THE PLANNING COMMISSION'S DENIAL OF THE APPLICATION OF JOHN PFUND, TRI-VALLEY MARTIAL ARTS ACADEMY FOR A CONDITIONAL USE PERMIT, AS FILED UNDER CASE PCUP-200 WHEREAS, John Pfund, Tri-Valley Martial Arts Academy has applied for a conditional use permit to allow a martial arts academy which would: (1) include up to 20 students ages 5 to 12 years, and an additional 10 students 16 years and older and 1 employee, Monday through Friday between the hours of 11:30 a.m. and 9:00 p.m.; and (2) provide (a) child transportation to the academy from elementary and middle schools, (b) an afternoon program for children between the hours of 11:30 a.m. and 6:15 p.m., (c) an area for homework activities, (d) after- school martial arts-related games and activities, (e) seasonal camps, and (f) care and supervision from 9:00 a.m. to 6:15 p.m. on school holidays, two weeks during the school winter break and ten weeks during the school summer break, in an existing building located at 1262 Quarry Lane, Suite A, in the Valley Business Park; and WHEREAS, zoning for the property is PUD-I (Planned Unit Development -Industrial) District; and WHEREAS, at its meeting of February 13, 2008, the Planning Commission, having considered all public testimony, relevant exhibits, and recommendations of City staff concerning this application, denied the application without prejudice; and WHEREAS, within the time specified by the Pleasanton Municipal Code, the applicant submitted an appeal of the decision of the Planning Commission to the City Council; and WHEREAS, at its meeting of May 6, 2008, the City Council received a report from the Director of Planning and Community Development, together with a copy of the staff report to the Planning Commission and the minutes from the meeting of the Planning Commission regarding this matter; and WHEREAS, the City Council held a public hearing on May 6, 2008, at which time the appellant and members of the public were offered an opportunity to present evidence regarding the appeal; and WHEREAS, after a review of the materials presented and public testimony, the City Council upheld the Planning Commission's denial of John Pfund's application for a conditional use permit on the basis that finding number 2 could not be made, i.e., that the proposed location of the conditional use and the conditions under which it would be operated or maintained was detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity; WHEREAS, the City Council concluded that the Mr. Pfund's program mirrored a daycare facility in that a child could be at the facility in excess of 15 hours per week (the proposed hours for the facility are Monday through Friday from 11:30 a.m to 6:15 p.m. during the school year and from 9 a.m. to 6:15 p.m. during the summer and other school holidays); and