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THE CITY OF Planning Commission NNWAgenda Report its LEASANTON December 11 , 2019 Item 3 SUBJECT: P19-0283 APPLICANT: Shipla Panech, Panache Academie Pleasanton PROPERTY OWNER: Desmond Johnson PURPOSE: Application for Conditional Use Permit to operate a heritage school. LOCATION: 6700 Santa Rita Road, Suite C GENERAL PLAN: Retail, Highway, Service Commercial; Business and Professional Offices ZONING: PUD-C (Planned Unit Development — Commercial) District EXHIBITS: A. Draft Resolution and Conditions of Approval B. Narrative and Project Plans dated "August 30, 2019" C. Location and Notification Map STAFF RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit (CUP) No. P19-0283 based on the findings and subject to the draft conditions of approval in Exhibit A. EXECUTIVE SUMMARY The applicant requests CUP approval to establish a heritage school facility (Panache Academie Pleasanton) for up to 50 children at 6700 Santa Rita Road, Suite C. At this location, schools and colleges, including trade, business, music and art schools, but not including general purpose or nursery schools, require Planning Commission review and approval of a CUP. As proposed and conditioned, staff finds the use consistent with the intent of the General Plan and objectives of the zoning district and will be compatible with the surrounding uses; therefore, staff recommends approval of the CUP application. BACKGROUND State Heritage Schools Section 33195.4 of the California Education Code (CEC) defines a "heritage school" as a school that serves children who are at least four years and nine months of age and no older than 18 years of age, and who also attend a public or private full-time day school, in addition to other specified requirements. Heritage schools are not subject to licensure by the State Department of Social Services as a child daycare center pursuant to the Health and Safety Code. Although not licensed by the state, heritage schools are still required to obtain criminal e shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a "stop work order." 45. PROJECT PLANS: The following statements shall be printed on the demolition, grading and landscape plans where applicable to the satisfaction of the City Landscape Architect prior to issuance of building permits: a. No existing tree may be trimmed or pruned without prior approval by the City Landscape Architect. b. Utilize best efforts to locate any new utility trenches outside of the existing canopy of the trees to be saved. If this is not feasible, the applicant shall submit a report from a certified arborist acceptable to the City indicating trenching will not be detrimental to the health of the tree. c. Nothing may be stored within the dripline of the tree canopies. This includes equipment, oil, gas, chemicals, harmful materials, fill or storage. d. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline. e. No sign, wires, or ropes shall be attached to the trees. P19-0190 and P19-0191 Planning Commission Page 7 of 8