RES 09256 - Laserfiche WebLink

RESOLUTION NO. 09-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, UPHOLDING THE APPEAL OF CASE PAP-129, THEREBY OVERTURNING THE PLANNING COMMISSION'S DECISION AND DENYING THE APPLICATION OF JOHN PFUND, TRI-VALLEY MARTIAL ARTS, FOR A CONDITIONAL USE PERMIT, AS FILED UNDER CASE PCUP-229 WHEREAS, John Pfund, Tri-Valley Martial Arts Academy, has applied for a conditional use permit to allow a martial arts/childcare academy and evening martial arts classes 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 November 12, 2008, the Planning Commission, after having considered all public testimony, relevant exhibits, and recommendations of City staff concerning the application, conditionally approved the application; and WHEREAS, within the time specified by the Pleasanton Municipal Code, the Planning Commission's decision was appealed to the City Council; and WHEREAS, at its meeting of January 6, 2009, the City Council received a report from the Director of Community Development, together with a copy of the staff report to the Planning Commission, regarding this matter; and WHEREAS, the City Council held a public hearing on January 6, 2009, at which time the applicant and members of the public were offered an opportunity to present evidence regarding this appeal; and WHEREAS, existing facilities consisting of the operation, permitting, licensing, or minor alteration of structures involving no expansion of use beyond that existing are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) guidelines, Section 15303, Class 1; and WHEREAS, after receiving public testimony and a review of the materials presented, the City Council finds and determines that the proposed location of the conditional use and the manner in which the use would be operated would be detrimental to the public health, safety or welfare in that: 1. The proposed use is located in an industrial park where there is a significant amount of truck traffic; drivers do not expect children to be present in an industrial park, thereby unreasonably exposing children to injuries from the truck traffic; 1