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<br />DMA, Inc. 9 Application Attachment 3-10-26.docx <br /> <br />IV. CUP Findings <br />Fusion requests a CUP to expand its existing private school and tutoring facility” with more than 20 <br />students as described herein. The findings required for approval of a CUP (PMC S. 18.124.070) can <br />be made as follows: <br />A. That the proposed location of the conditional use is in accordance with the <br />objectives of the zoning ordinance and the purposes of the district in which the site <br />is located. <br />a. Objectives of the Zoning Ordinance: Applicable objectives of the zoning ordinance <br />particularly relevant to this local-serving educational land use are to: foster a <br />harmonious, convenient, workable relationship among land uses; promote the stability <br />of existing land uses that conform with the general plan and to protect them from <br />inharmonious influences and harmful intrusions; and insure public and private lands <br />ultimately are used for the purposes which are most appropriate and beneficial to the <br />City as a whole (PMC S. 18.04.010). The proposed CUP will entitle the expansion of the <br />existing private school and tutoring educational land use, allowing Fusion to operate at <br />a capacity that meets local demand for degree-matriculating educations for ES, MS, <br />and HS students. Fusion will continue to operate in a way that does not interfere with <br />surrounding uses. <br />b. Non-Impactful Expansion of an Educational Land Use: This Fusion Academy <br />expansion will continue to operate without interfering with surrounding tenants. The <br />teaching activities, increased maximum number of staff and students from 40 to 65 and <br />15 to 33 any one time, with no change to previously entitled hours of operation, will not <br />generate substantial additional noise. The physical expansion of the educational land <br />use will meet the requirements of the California Building Code, California Fire Code, <br />and codes applicable to the connections and upgrades in both suites for the <br />mechanical, electrical, and plumbing systems. <br />c. Purpose of the Zoning District – Educational Services: The subject site is zoned PUD- <br />I/C-O and is in the OMPD zoning district of the HBP PUD, which permits a variety of <br />commercial, service and office uses (Ord. No. 1325). The expanded educational land use <br />is consistent with the zoning hierarchy of the Planning District, PUD, and Zoning District <br />to provide appropriately located educational services to Pleasanton residents and <br />surrounding areas. Expanding Fusion – a private school and tutoring facility <br />matriculating ES, MS, and HS students for degrees – is fundamentally consistent with <br />the goal of the HBD to be the largest internally aligned, regional- and local-serving <br />community of businesses and residences in California. <br />d. Purpose of the Zoning District – Office Protection: The expansion of the existing <br />educational land use will not be impactful to offices in the subject building or the two <br />additional buildings to the north. The expansion is entirely withing a small suite <br />contiguous to the existing entitled location. There will be no unmitigated impacts to <br />interior areas concerning noise, loitering, and use of common-area elevators or <br />common-area restrooms. The expanded operations of the educational land use do not <br />create unmitigated impacts to traffic circulation, parking availability, pedestrian safety or <br />create intense periods of pickup, drop-off associated with larger private, public, or public <br />charter schools. (PMC S. 18.40.010, PMC. S. 18.44.010). <br />e. As such, the Commission concludes this finding can be made. <br />