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Staff believes the granting of a modification to the existing Conditional Use Permit to convert the previously approved tutoring facility into a Heritage School and the denial of the proposed outdoor playground area are consistent with the objectives of the C-N District. In summary, staff believes this finding can be made for the Heritage School, but not for the outdoor play area. 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. Heritage Schools are a common use in Pleasanton and have generally been good neighbors to surrounding occupants. Sufficient parking, adequate separation from the residential neighborhoods, maintenance of noise levels, and safety and security within the premises have been provided or conditioned. The existing shopping center is an appropriate place for a Heritage School and this component of the project would not be detrimental to public health, safety, or welfare, or injurious to the existing shopping center or surrounding residences. However, the outdoor playground area is incompatible with the design of the shopping center and could be detrimental to public health, safety, or welfare, or injurious to the existing shopping center or surrounding residences. Conditions have been included that would require the applicant to mitigate any future nuisances as a result of the proposed Heritage School. Therefore, staff feels this finding can be made provided the proposed outdoor playground area is eliminated. C. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance. Staff finds that, as conditioned, the proposed use will comply with all provisions and requirements of the City's Zoning Ordinance. As with any CUP,this CUP may be revoked if the conditions are not met. Therefore, the proposed use will comply with the provisions of the Zoning Ordinance. Staff believes this finding can be made with the proposed conditions of approval. PUBLIC NOTICE Notices of this application were sent to surrounding property owners and tenants within a 1,000-foot radius of the site. Staff has provided the location and noticing maps as Exhibit E for reference. At the time this report was published, staff had received public comments from one individual regarding this application. Exhibit D is an email from Hengameh Broumand that expresses concerns related to the project including increased traffic congestion, loss of parking, loss of the passageway between the front and rear of the shopping center, noise from the proposed outdoor playground area, and student security. This report details staffs analysis of those issues. Moreover, staff responded to each issue raised via email and sent a copy of the staff report to the individual. P14-0970 and P14-1173, Young Ivy Academy Planning Commission 8 of 9