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3_Exhibits A, C & D
City of Pleasanton
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04-24
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3_Exhibits A, C & D
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4/17/2019 11:45:51 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/24/2019
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\BOARDS AND COMMISSIONS\PLANNING\AGENDA PACKETS\2010-2019\2019\04-24
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EXHIBIT A <br /> RESOLUTION NO. PC-2019-08 <br /> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br /> PLEASANTON APPROVING A CONDITIONAL USE PERMIT APPLICATION AT <br /> 5200 FRANKLIN DRIVE, SUITE 110 FOR THE ART OF PROBLEM SOLVING <br /> ACADEMY P19-0008 <br /> WHEREAS, on January 15, 2019, The Art of Problem Solving (AoPS) Academy, applied for <br /> Conditional Use Permit approval to operate a tutoring facility with a maximum of 72 students at <br /> one time located at 5200 Franklin Drive, Suite 110; and <br /> WHEREAS, zoning for the property is PUD-I/C-O (Planned Unit Development - <br /> Industrial/Commercial-Office) District; and <br /> WHEREAS, the project is categorically exempt from the California Environmental Quality Act <br /> (CEQA) pursuant to Section 15301, (Existing Facilities), since the project would not result in <br /> the expansion of the exterior or the building and/or would be limited to interior alternations of <br /> the existing building. Therefore, no additional environmental review is required; and <br /> WHEREAS, on April 24, 2019, the Planning Commission held a duly-noticed public hearing, <br /> considered relevant exhibits, recommendations of the City staff concerning this application, <br /> and received testimony from the applicant and interested parties. <br /> NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of <br /> Pleasanton, based on the entire record of proceedings, including the oral and written staff <br /> reports and all public comment and testimony: <br /> Section 1: Findings for Conditional Use Permit Approval <br /> With respect to the approval of P19-0008, the Planning Commission makes the following <br /> findings as required by Section 18.124.070 of the Pleasanton Municipal Code: <br /> A. That the proposed location of the conditional use is in accordance with the <br /> objectives of the zoning ordinance and the purpose of the district in which the <br /> site is located. <br /> Some of the objectives of the zoning ordinance are to: foster a harmonious, convenient, <br /> workable relationship among land uses, protect existing land uses from inharmonious <br /> influences and harmful intrusions, and ensure that public and private lands ultimately <br /> are used for the purposes which are most appropriate and beneficial to the City as a <br /> whole. As conditioned, the Planning Commission finds the proposed tutoring facility <br /> would be consistent with these objectives and would create more educational facilities <br /> within the City. The tutoring facility would be operated so as to not impact or interfere <br /> with the surrounding uses in that the number of students, hours of operation, <br /> drop-off/pick-up procedures, and staffing levels would not generate substantial noise, <br /> parking demand, or traffic. <br />was published, staff has not received any <br /> public comments about the project. <br /> P19-0008, 5200 Franklin Drive Planning Commission <br /> 10 of 11 <br />blems <br /> occur, staff has included a condition of approval which allows the Director of Community <br /> P19-0008, 5200 Franklin Drive Planning Commission <br /> 9 of 11 <br />and plan that was prepared <br /> for the proposed use. The tenant space was previously occupied by a heritage school which <br /> had similar pickup times and did not generate traffic conflicts (the prior heritage school <br /> provided transportation to pick up students from local schools). Staff has determined that the <br /> proposed hours of operation and the associated number of attendees would not have a <br /> significant impact on existing traffic levels. However, should the applicant wish to increase the <br /> P19-0008, 5200 Franklin Drive Planning Commission <br /> 7 of 11 <br />l identify where hand <br /> excavation may be required. Motorized equipment shall not be used within the TREE <br /> PROTECTION ZONE. <br /> 3. Prior to excavation for the demolition and construction the tree may require root pruning <br /> outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of <br /> construction. Roots will be exposed by either: pulling soil away from the tree by digging <br />, normally 54"above grade. A multi-branched tree, which has <br />