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<br />PLANNING COMMISSION CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. PC-2004-37 <br /> <br />RESOLUTION APPROVING THE APPLICATION OF MARY KAY BERG/ <br />ACHIEVEMENT LEARNING CENTER FOR CONDITIONAL USE PERMIT, <br />AS FILED UNDER CASE PCUP-112 <br /> <br />WHEREAS, Mary Kay Berg/Achievement Learning Center has applied for conditional use <br />permit to operate a private tutorial school in the existing building located at <br />231 Old Bernal Avenue, Suite 1; and <br /> <br />WHEREAS, zoning for the property is "0" (Office) District; and <br /> <br />WHEREAS, at its duly noticed public hearing of June 9, 2004, the Plarming Commission <br />considered all public testimony, relevant exhibits, and recommendations of the <br />City staff concerning this application; and <br /> <br />WHEREAS, projects of this nature are categorically exempt from the requirements of the <br />California Environmental Quality Act (CEQA); and <br /> <br />WHEREAS, the Plarming Commission made the following findings: <br /> <br />1. 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 <br />the site is located. <br /> <br />The objectives of the zoning ordinance include fostering a harmonious, <br />convenient, workable relationship among land uses; protecting existing land use <br />from inharmonious influences and harmful intrusions; and insuring that public <br />and private lands ultimately are used for the purposes which are most appropriate <br />and beneficial to the City as a whole. The subject after-school learning center <br />provides individual and small group tutoring sessions in an enclosed area. This <br />subject business has been in operation since 1996 without any land use conflict <br />with other businesses in the surrounding area but has now expanded. Allowing it <br />to continue to operate under the attached conditions would be consistent with the <br />above-cited objectives. <br /> <br />The subject site is zoned Office District, and it is in the Downtown Revitalization <br />District. Its operation should not interfere with other businesses in the same <br />building or surrounding businesses' ability to operate. No complaints have been <br />received regarding its operation since July 1996. Furthermore, the applicant will <br />be required to mitigate any nuisances that may occur as a result of the tutoring <br />business. Therefore, this finding can be made. <br />