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PLANNING COMMISSION CITY OF PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. PC -2009-34 <br />RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR <br />IVYMAX, INC., AS FILED UNDER CASE PCUP-254 <br />WHEREAS, IvyMax, Inc. has applied for a Conditional Use Permit to operate a tutoring <br />center for students at 5820 Stoneridge Mall Road, Suite 108; and <br />WHEREAS, zoning for the property is C-R(p) (Regional Commercial — Peripheral Area) <br />District; and <br />WHEREAS, at its duly noticed public hearing of October 14, 2009, the Planning <br />Commission considered all public testimony, relevant exhibits, and <br />recommendations of the City staff concerning this application; and <br />WHEREAS, projects of this nature are categorically exempt from the requirements of <br />the California Environmental Quality Act (CEQA) Guidelines, <br />Section 15301, Existing Facilities, Class 1; and <br />WHEREAS, the Planning Commission made the following findings: <br />The proposed location of the conditional use is in accordance with the objectives <br />of the zoning ordinance and the purpose of the district in which the site is <br />located. <br />The objectives of the zoning ordinance include fostering a harmonious, convenient, <br />workable relationship among land uses, protecting land uses from inharmonious <br />influences and harmful intrusions, promoting a safe, effective traffic circulation system, <br />and ensuring that public and private lands ultimately are used for the purposes which <br />are most appropriate and beneficial to the City as a whole. <br />The subject business is zoned in a location that is intended to provide locations for <br />personal, neighborhood, retail services, and office uses. Given the limited operation of <br />the proposed business and that it will be in operation when many of the surrounding <br />businesses are closed, the operation, as proposed, will be a compatible land use to <br />surrounding businesses. Therefore, this finding can be made. <br />