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The proposed Code amendment will have no effect on the condition of approval for the facility in that the conditions are based upon the environmental and traffic effects of the facility. Existing Facilities The Planning Commission also inquired about the effects of the Code amendment related to how the Code amendment would impact those facilities that currently hold conditional use permits. The proposed Code amendment will supersede those approvals for facilities that meet the size and conditions as defined by the new language per Attachment 1. ANALYSIS Staff believes that the proposed Code amendment will have little-to-no impact on the operation of school, tutoring, and recreation facilities. Staff re-evaluated some of the previously proposed language and found that it was counter-productive to a more efficient development process. Therefore the following sections have been removed from the text of the previously reviewed proposed Code amendment: 1. if operation of the use resulfs in negative impacts pertaining to parking, noise, traffic, or other factors, the Planning Director may refer the issue to the Planning Commission which may modify or add conditions to mitigate such impacts or revoke the zoning certificate for said use. 2. The property owner shall record with the County recorder a statement acknowledging that the use is being established in a District where manufacturing and assembly businesses, automobile service stations, and other businesses operate lawfully and may generate fumes, noise, odor, vibrations, and other impacts and that he/she will not seek to impede their lawful operation. In addition, the property owner will require any tenants to sign such a statement. Item 1 above provides language that would revoke the approval and conceivably create a conditional use process if "negative impacts" were to be found. This language would be a significant impact to a small business and essentially would allow the City to suspend business activities. These small businesses that currently require a conditional use have not been found to create impacts. There have not been complaints of these uses that have been significant as related to the findings that are required to be made for conditional use permits that include: 1. That the proposed location of the [conditional] use is in accordance with the objectives of this [PMC] chapter and the purposes of the district in which the site is located; 2. 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; and PRZ-37, Code Amendment Planning Commission Page 5 of 6