RES 08189 - Laserfiche WebLink

Resolution No. 08-189 Page 2 of 3 WHEREAS, the City Council concluded that Mr. Pfund's program mirrored a daycare facility in that the program provided a structured program, supervision and care, and a multitude of activities in addition to the martial arts classes; and WHEREAS, the City Council concluded that Mr. Pfund needed a daycare license in order to operate the facility as proposed; and WHEREAS, the City Council concluded that Mr. Pfund's program does not meet the requirements necessary to be exempt from childcare licensure from the State and that his program is not adrop-in recreation program; and WHEREAS, the City Council concluded that Mr. Pfund's proposal to have the parents sign a waiver which would allow children to come and go freely was inconsistent with the City's policy which requires children to be signed in and out by a parent or guardian; and WHEREAS, the City Council concluded that it would not be safe to allow children to come and go freely from the facility, particularly since it is located in an industrial park where there is a greater amount of truck traffic and persons do not expect children to be in an industrial zone; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: Section 1. Denies the appeal, Case PAP-119, thereby upholding the decision of the Planning Commission denying Case PCUP-200, the application of John Pfund, Tri-Valley Martial Arts Academy 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. SECTION 2. This resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on May 6, 2008.