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PLANNING COMMISSION ACTION The Planning Commission held a public hearing on August 22, 2012, to review the subject application. Detailed information on this meeting is provided by the attached excerpts of the Planning Commission minutes. At the meeting, the Applicant and the President of the Valley Business Park Owners' Association spoke in favor of the project. The Commission recommended approval of the project with a 5-0 vote. DISCUSSION Staff and the Planning Commission believe that the proposed PUD Modification to add State-registered Heritage Schools as a Conditional Use in the Valley Business Park is consistent with the PUD including the list of permitted and conditionally permitted uses for the Park. Currently there are a variety of uses in the Business Park including light industrial, manufacturing, office, music and tutoring lessons, and daycare and staff believes that a Heritage School is compatible with these uses. By requiring a Conditional Use Permit for State-registered Heritage Schools, the City will be able to review each request to ensure the proposal will not create negative impacts on the surrounding area. The request to allow a Heritage School to operate at 1055 Serpentine Lane is appropriate for this site because the use will be conducted entirely inside the building and there is adequate circulation and parking on site to support a Heritage School with a maximum enrollment of 60 students. Furthermore, Conditions of Approval have been included to ensure that the proposed School does not have any negative impacts on the surrounding area. A detailed analysis and discussion of the applications can be found in the August 22, 2012 Planning Commission Staff Report included as Attachment 5. PUBLIC NOTICE Notice of the proposed project was mailed to all tenant and owners in the Valley Business Park as well as all tenant and owners within 1,000 feet of the Valley Business Park. After the notice was sent, staff received one letter in opposition of the project and two emails in favor of the project. A copy of these emails is included in Exhibits D and E of Attachment 5. The City also received an email from the Valley Business Park in support of the proposed PUD Modification and Conditional Use Permit which is included as Exhibit C of Attachment 5. ENVIRONMENTAL ASSESSMENT The proposed project is categorically exempt (Section 15303, Class 3) from the requirements of the California Environmental Quality Act (CEQA) in that the proposal allows a change in use from one use to another in an urbanized area which is served by utilities and where only minor exterior modifications are proposed. Therefore, no environmental document accompanies this report. Page 5 of 6