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<br />DMA, Inc. 10 Application Attachment 3-10-26.docx <br /> <br />B. That the proposed location of the conditional use and the conditions under which it <br />would be operated or maintained will not be detrimental to the public health, safety, <br />or welfare, or materially injurious to the properties or improvements in the vicinity. <br />a. No Detriment to Public Health, Safety, or Welfare: As conditioned, the Planning <br />Commission finds the expanded private school and tutoring facility will not have a <br />detrimental impact on public health, safety, or welfare, or be materially injurious to the <br />properties or improvements in the vicinity. Private schools generally do not subject <br />surrounding uses to heavy truck traffic, hazardous odors, high noise levels, or other <br />objectionable influences. Fusion will continue to be a particularly small private school <br />and tutoring facility and potential impacts will continue to be mitigated to a level of <br />insignificance. The expansion is completely located inside a multi-tenant building and <br />would continue to generate noise levels similar to the existing professional and medical <br />uses in the building, since its teaching model consists of one-to-one instruction and <br />small classroom settings. There will continue to be adequate parking to accommodate <br />the expansion and the existing uses in the building. All streets around the subject site <br />are designed per City standards to provide safe ingress and egress into and out of the <br />site. Furthermore, if the operation of the expanded educational land use results in <br />conflicts pertaining to parking, noise, traffic/circulation or other factors, a condition of <br />approval allows the Planning Commission to determine if the operator needs to return to <br />the Planning Commission for further consideration or additional mitigation measures. <br />b. Not Injurious to Properties or Improvements: Fusion has an established record of <br />operating in Suite 120 without complaints related to parking, circulation, noise, or <br />loitering. The city and landlord benefit from diverse office park tenants such as Fusion, <br />which reduce peak-hour traffic trips and parking demand otherwise associated with <br />office tenancies. And, as hybrid and remote office staffing continues as a post-covid <br />trend, attracting non-office tenants is of the utmost importance to the HBP ownership. <br />For these reasons, the proposed use will not be materially injurious to properties or <br />improvements in the vicinity. <br />c. No Exterior Improvements: There will be no physical changes to the building footprint, <br />habitable area, landscaping, driveways, pedestrian paths of travel, parking layouts, or <br />vehicular circulation. <br />d. Expansion of Operationally Perfected Safety Protocols: Parking and access policies for <br />safe ingress, egress, and pedestrian travel are provided to students and caregivers. <br />Staggered student and staff schedules and spread-out arrival and departure times <br />effectively mitigate potential impacts of queuing, circulation, and parking demand to a <br />level of insignificance. Visitation is by appointment only. All students and staff must <br />continue to enter the expanded conjoined suite with key card access, and stopping at <br />the existing reception area. Additional safety procedures to remain and be expanded <br />include daily sign-in procedures, closed-circuit monitoring, and scheduled emergency <br />drills, including earthquake, fire, shelter-in-place, and evacuation. The one-to-one staff <br />to student teaching ensures that ES and MS students can be safely evacuated from the <br />building in the care of a staff member. Based on these measures that will be sized up <br />for the conjoined suite and operations, the expansion of this local-serving educational <br />land use will not be detrimental to public health, safety, or welfare. <br />e. As such, the Commission concludes this finding can be made. <br />