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THE CITY OF O <br /> PL'EASANTON© CITY COUNCIL AGENDA REPORT <br /> P L£AS�4 <br /> December 16, 2014 <br /> Community Development <br /> Planning Division <br /> TITLE: P14-0970/P14-1173, CONSIDER AN APPEAL OF THE PLANNING <br /> COMMISSION'S DENIAL OF APPLICATIONS AT 5460 SUNOL <br /> BOULEVARD, SUITES 3 AND 4 (OAK HILLS SHOPPING CENTER), <br /> FOR DESIGN REVIEW APPROVAL AND MODIFICATION TO AN <br /> EXISTING CONDITIONAL USE PERMIT TO CONSTRUCT AND <br /> OPERATE AN OUTDOOR PLAYGROUND AREA <br /> SUMMARY <br /> Chiung Wang for Young Ivy Academy requested Design Review approval and a <br /> Conditional Use Permit (CUP) modification to construct a new outdoor playground area <br /> within the Oak Hills Shopping Center at 5460 Sunol Boulevard, Suites 3 and 4. The <br /> proposed playground would be operated as part of a Heritage School approved under <br /> the same application, but not a subject of this appeal. <br /> The Planning Commission denied the outdoor playground area portion of the applicant's <br /> request, citing primarily unmitigated noise impacts on the surrounding residences, but <br /> also potential safety risks and land use compatibility associated with the proposed <br /> outdoor playground proximity to an existing vehicular drive aisle and parking area. <br /> Young Ivy Academy subsequently filed an appeal of this denial. <br /> PLANNING COMMISSION ACTION <br /> On November 12, 2014, the Planning Commission unanimously denied the Design <br /> Review and CUP Modification request to construct a new outdoor playground area. <br /> RECOMMENDATION <br /> Staff recommends that the City Council adopt the attached resolution denying the <br /> appeal, thereby upholding the decision of the Planning Commission. <br /> FINANCIAL STATEMENT <br /> No fiscal impact to the City or public services is anticipated. <br />