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2. The City has routinely required child care facilities to provide at least 75 <br />feet of outdoor space per child with a four foot fence to protect the <br />children; this facility lacks an adequate outdoor play area and fencing; <br />simply opening a loading dock door to give the children fresh air is not <br />an adequate substitute; and <br />3. The applicant does not have the required license from the State to <br />operate a child care facility. <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. Upholds the appeal, Case PAP-129, thereby overturning the <br />Planning Commission's decision and denying Case PCUP-229, the application of John <br />Pfund, Tri-Valley Martial Arts Academy, for a conditional use permit to allow a martial <br />arts/childcare academy and evening martial arts classes in an existing building located <br />at 1262 Quarry Lane, Suite A, in the Valley Business Park. <br />SECTION 2. Staff is directed to send a copy of this resolution to the applicant, <br />along with a letter informing him that he has ninety days from the date that the City Council <br />adopted the resolution to challenge the decision in court. <br />SECTION 3. This resolution shall become effective immediately upon its <br />passage and adoption. <br />I HEREBY CERTIFY THAT THE FOREGOING WAS DULY AND REGULARLY <br />ADOPTED BY THE CITY COUNCIL OF THE CITY OF PLEASANTON, AT A <br />MEETING HELD ON JANUARY 6, 2009 BY THE FOLLOWING VOTE: <br />AYES: Councilmembers Cook-Kallio, McGovern, Sullivan, Mayor Hosterman <br />NOES: Councilmember Thorne <br />ABSENT: None <br />ABSTAIN: None <br />ATTEST: <br />are Diaz, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />2 <br />