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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 />for a 24-inch box size replacement tree; <br /> c. $800 credit for a 36-inch box size replacement tree. <br /> 78. TREE BOND: Any tree affected by development/construction must be protected per the <br /> Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to <br /> the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as <br /> deemed by the City Landscape Architect. This bond or security will be for the value of the trees, <br /> and shall be held for a minimum of 2 years following acceptance of public improvements of <br /> completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or <br /> substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, <br /> trimming, setting up tree protection, etc.). The bond or security may be released early with a <br /> certification letter by the arborist confirming he/she was present during said tree work and work <br /> was performed in accordance with the arborist's recommendations. (PROJECT SPECIFIC <br /> CONDITION) <br /> P18-0109 Planning Commission <br /> Page 12 of 13 <br />or the rented units. (PROJECT <br /> SPECIFIC CONDITION) <br /> P18-0109 Planning Commission <br /> Page 4 of 13 <br />