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ATTACHMENT 1 <br />RESOLUTION NO. 09- <br />RESOLUTION DENYING CASE PAP-121, THEREBY UPHOLDING THE PLANNING <br />COMMISSION'S APPROVAL OF THE APPLICATION OF JANNY ROCHA FOR A <br />CONDITIONAL USE PERMIT, AS FILED UNDER CASE PCUP-205 <br />WHEREAS, Janny Rocha has applied for a Conditional Use Permit to relocate <br />and replace a 5,000-gallon water tank in the rear yard of the property located at <br />481 Sycamore Road; and <br />WHEREAS, zoning for the property is PUD-A (Planned Unit Development - <br />Agriculture) District; and <br />WHEREAS, at its meeting of April 9, 2008, the Planning Commission, having <br />considered all public testimony, relevant exhibits, and recommendations of City staff <br />concerning this application, approved the Conditional Use Permit; and <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, Phillip <br />and Joanna Segundo submitted an appeal of the decision of the Planning Commission <br />to the City Council; and <br />WHEREAS, at its meeting of August 19, 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 August 19, 2008, at which <br />time the appellants, the applicant, and any other member of the public were offered an <br />opportunity to present evidence regarding the appeal; and <br />WHEREAS, after a review of the materials presented, the City Council directed <br />the parties and staff to meet and resolve the disagreement; and <br />WHEREAS, the parties met with staff on several occasions and discussed <br />several alternatives but were not able to reach an agreement; and <br />WHEREAS, at its meeting of January 20, 2009, the City Council received a <br />report from the Director of Community Development regarding the status of the <br />disagreement between the parties; and <br />WHEREAS, the City Council held a public hearing on January 20, 2009, at which <br />time the appellants, the applicant, and any other member of the public were offered an <br />opportunity to present evidence regarding the appeal; and <br />