3_Exhibits A, C & D - Laserfiche WebLink

Resolution No. PC-2019-08 Page Two The subject site is zoned PUD-I/C-O (Planned Unit Development — Industrial/Commercial-Office) District, which generally has the characteristics of the City's I-P (Industrial Park) District. One purpose of the I-P District is to provide locations for uses that can operate in close proximity to commercial and residential uses with minimum mutual adverse impacts. As conditioned, the Planning Commission finds the proposed tutoring facility would be consistent with the Zoning Ordinance objectives and zoning district purposes in that it would be operated so as to not impact or interfere with the adjacent/nearby uses. The proposed tutoring facility would be operated entirely indoors on a property with an adequate circulation system and parking supply to support the proposed use. The applicant would also be required to mitigate any future nuisances that may occur as a result of the proposed use. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. As conditioned, the Planning Commission finds the proposed tutoring facility would make a good neighbor, since all of its proposed activities would occur indoors, would generally be scheduled outside of the operating hours of nearby commercial uses, and would not involve large numbers of attendees. Tutoring facilities generally do not subject surrounding uses to heavy truck traffic, hazardous odors, high noise levels, or other objectionable influences. If the recommended conditions of approval are followed, the Planning Commission finds the proposed tutoring facility would not be detrimental to the adjacent/nearby uses. All streets around the subject site are designed per City standards to provide safe ingress and egress into and out of the site. In addition, there is adequate parking available to meet the project's demand. Conditions have also been included that would require the applicant to mitigate any future nuisances as a result of the proposed use. C. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance. The site's zoning conditionally permits tutoring facilities with more than 20 students at any one time. Granting a CUP for the proposed use would be consistent with the City's ability to regulate zoning as listed in Chapter 18.124 of the Municipal Code. In addition, the Planning Commission finds that, as conditioned, the proposed use will comply with all provisions and requirements of the City's zoning ordinance and the approved PUD for Pleasanton Business Park. Section 2: The Planning Commission hereby approves Case P19-0008, the application of The Art of Problem Solving Academy for Conditional Use Permit approval to operate a tutoring facility located at 5200 Franklin Drive, Suite 110, subject to the Conditions of Approval shown in Attachment 1, attached hereto and made part of this case by reference. Section 3: This resolution shall become effective 15 days after its passage and adoption unless appealed prior to that time. transportation to pick up students from local schools). Staff has determined that the proposed hours of operation and the associated number of attendees would not have a significant impact on existing traffic levels. However, should the applicant wish to increase the P19-0008, 5200 Franklin Drive Planning Commission 7 of 11 l identify where hand excavation may be required. Motorized equipment shall not be used within the TREE PROTECTION ZONE. 3. Prior to excavation for the demolition and construction the tree may require root pruning outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of construction. Roots will be exposed by either: pulling soil away from the tree by digging , normally 54"above grade. A multi-branched tree, which has