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Development to refer the use permit back to the Planning Commission for possible mitigation measures (Exhibit A). Possible mitigating conditions could include reducing the number of students and/or modifying the arrival/departure times. Noise The PMC states that a proposed conditional use must be in accordance with the objectives of the Zoning Ordinance. One of those objectives is to "promote the stability of existing land uses that conform with the General Plan and to protect them from inharmonious influences and harmful intrusions." Staff anticipates the proposed use would generate interior noise levels comparable to and no different from those of an office or commercial use. The proposed sessions would be held indoors, with the exterior doors closed during business hours. According to the applicant, there would be no loud amplified noise, music or speech that would generate noise above typical speech levels. Based upon the interior floor plan of the proposed facility, in conjunction with operational features of the project, staff does not believe that any special noise mitigation (i.e., double layer of sheetrock on interior walls) will be necessary. Staff has included a condition that requires the applicant to inform all students not to loiter or make loud noises outside the building before or after classes. Therefore, it is unlikely the noise produced by the proposed use will adversely affect adjacent tenant spaces or be in excess of 70 dBA at any point outside of the property plane as prescribed by the Municipal Code. ALTERNATIVES As outlined in the above analysis staff believes the use, as proposed and conditioned, would be compatible with the other uses in the vicinity and not create adverse impacts, and recommends the Planning Commission approve the project as proposed and conditioned. However, alternatives to the proposal that could be considered by the Planning Commission include: 1. Denial of the application, therefore not allowing a tutoring facility to be operated at the subject site; or 2. Approval of the application with modified hours, number of tutoring sessions, number of students, etc. SUMMARY OF PROS/CONS OF PROJECT PROS CONS Use is consistent with the General Plan and The proposal may increase traffic and zoning designation. parking demand; however, traffic/circulation and parking impacts would not be adverse. Provides educational services for children. Allows for operation of a new local business and tutoring center. PUBLIC NOTICE AND COMMENTS Notices of this application were sent to surrounding property owners and tenants within a 1,000-foot radius of the site. At the time this report was published, staff has not received any public comments about the project. P19-0008, 5200 Franklin Drive Planning Commission 10 of 11 pproval which allows the Director of Community P19-0008, 5200 Franklin Drive Planning Commission 9 of 11 d plan that was prepared for the proposed use. The tenant space was previously occupied by a heritage school which had similar pickup times and did not generate traffic conflicts (the prior heritage school provided transportation to pick up students from local schools). Staff has determined that the proposed hours of operation and the associated number of attendees would not have a significant impact on existing traffic levels. However, should the applicant wish to increase the P19-0008, 5200 Franklin Drive Planning Commission 7of11 ist will identify where hand excavation may be required. Motorized equipment shall not be used within the TREE PROTECTION ZONE. 3. Prior to excavation for the demolition and construction the tree may require root pruning outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of construction. Roots will be exposed by either: pulling soil away from the tree by digging , normally 54"above grade. A multi-branched tree, which has