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ATTACHMENT 1 <br />RESOLUTION NO. 08- <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 June 17, 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 June 17, 2008, at which <br />time the appellants, the applicant, and any other member of the public were offered an <br />opportunity to 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, as conditioned, is <br />appropriate for the site and is consistent with the zoning regulations of the zoning <br />district of the property. <br />NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE <br />FOLLOWING: <br />Section 1. Denies the appeal, Case PAP-121, thereby upholding the decision of <br />the Planning Commission approving Case PCUP-205, the application of Janny Rocha for <br />a conditional use permit to relocate and replace a 5,000-gallon water tank in the rear yard <br />of the property located at 481 Sycamore Road, subject to the conditions shown on <br />Exhibit B, attached hereto and made a part of this case by reference. <br />SECTION 2. This resolution shall become effective immediately upon its <br />passage and adoption. <br />1 <br />