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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 95-03 <br /> <br /> RESOLUTION APPROVING THE APPEAL OF A DECISION <br /> OF THE PLANNING COMMISSION AND DENYING <br /> WITHOUT PRF_JUDICE THE APPLICATION OF FRANK <br /> ABIGANA AS FILED UNDER CASE UP-94-52 <br /> <br />WHEREAS, at its meeting of October 12, 1994, the Planning Commission approved Case <br /> UP-94-52, the application of Frank Abigana for a conditional use permit to <br /> establish a karate and low impact aerobics studio in an approximately 1,786 <br /> square foot tenant space (Suite D) located at 5737 Valley Avenue; and <br /> <br />WHEREAS, zoning for the property is PUD (Planned Unit Development) - Central <br /> Commercial District; and <br /> <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, an appeal of the <br /> decision was filed; and <br /> <br />WHEREAS, a public hearing was held before the City Council on January 3, 1995, at which <br /> time all pertinent testimony and documents were reviewed; and <br /> <br />WHEREAS, the City Council determined that the proposed conditional use is not appropriate <br /> for the site. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section i: Approves Case AP-94-10, thereby overturning the decision of the Planning <br /> Commission, but denying without prejudice Case UP-94-52, the application of <br /> Frank Abigana for a conditional use permit to establish a karate and low impact <br /> aerobics studio in an approximately 1,786 square foot tenant space (Suite D) <br /> located at 5737 Valley Avenue. <br /> <br />Section 2: The City Clerk shall forward a certified copy of this resolution to the appellant <br /> with a notice that the appellant has ninety (90) days following the date of adoption <br /> of this resolution in which to seek judicial review of this action of the City <br /> Council. <br /> <br />Section 3: This resolution shall become effective immediately upon its passage and adoption. <br /> <br /> <br />