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Resolution No. PC-2023-11 <br />Page Two <br />Development -Industrial/Commercial-Office) District. The City approved a PUD <br />Minor Modification (Case No. PUD-80-16-17M) for the subject site to conditionally <br />permit tutoring facilities with more than 20 students on-site at any given time. One <br />of the primary concerns in reviewing a Conditional Use Permit (CUP) application <br />is the effect on, and compatibility of a proposed use with surrounding uses, <br />including consideration of the operational characteristics of the project with respect <br />to nearby uses. <br />The original CUP application from AoPS was reviewed and unanimously approved <br />by the Planning Commission in 2019. AoPS started operation in December 2019 <br />for a short period of time before changing to online session during the pandemic. <br />In-person sessions resumed in August 2021. In the period between August 2021 <br />and June 2023, staff received no complaints or concerns from adjacent business <br />tenants and the general public regarding AoPS, demonstrating AoPS is a <br />compatible use in the area and that it is operating consistently with the applicable <br />land use regulations. <br />AoPS has requested expansion of the program to include additional classes and <br />students' enrollment from the approved 72 students on site at one time to a <br />maximum of 120 students on site at one time. AoPS will continue to be operated <br />exclusively indoors. All students would be supervised by staff and exterior doors <br />are closed except when being used. If same/similar operational procedures are in <br />place and continue to be followed, staff does not anticipate the expanded program <br />would cause/general significant adverse impacts. <br />To ensure AoPS would continue to be operated in a professional manner, included <br />a standard condition of approval would require the CUP be brought back to the <br />Planning Commission for review should future issues arise in terms of noise, traffic, <br />or parking that results in impacts to surrounding uses. Should this occur, the City <br />would have the ability to mitigate, or revoke the CUP, if necessary. Therefore, from <br />a land use perspective, the Planning Commission finds the proposed expansion to <br />be acceptable at this location, as conditioned. <br />B.That the proposed location of the conditional use and the conditions under <br />which it would be operated or maintained will not be detrimental to the public <br />health, safety, or welfare, or materially injurious to the properties or <br />improvements in the vicinity. <br />As conditioned, the Planning Commission finds the existing tutoring facility has <br />been a good neighbor, since all its activities would occur indoors, and its operation <br />hours are generally outside the operating hours of nearby uses and do not involve <br />large numbers of attendees. If the facility continues to operate as it currently is, it <br />will continue to be a good neighbor and a compatible use. The tutoring use would <br />not subject surrounding uses to heavy truck traffic, hazardous odors, high noise <br />levels, or other objectionable influences. If the recommended conditions of <br />approval are followed, the Planning Commission finds the proposed expansion <br />DocuSign Envelope ID: 0D262A25-74D8-46AD-98CD-DE6BDE394CE5