AgdaPkt 2014-07-28 Closed, Special and Joint SA

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8.B. - Page 5 'Roots N Wings Montessori School currently operates on the subject property across the parking lot from the Fellowship Hall, which is the proposed location for the project. The Montessori school received approval of a Use Permit from the City in 2011. Additional Information Related to School Uses of the Site In addition to the use of the site as a church, the site has a history of hosting child care facilities, after school programs, and schools operating on the property. Staff only notes the project history of the 2009 application below because it was repeatedly mentioned during the Planning Commission meetings. It has no legal relevance to this review or the City Council's decision related to the subject application. On July 13, 2009, the City Council, on appeal, considered a Use Permit application submitted by the Redwood Baptist Church for the Woodside Hills Christian Academy Project, a kindergarten through 12 grade private school and child care facility. In that case, the church commenced school operations with approximately 101 students without having sought or obtained the required City permits, resulting in extensive code enforcement. The Zoning Administrator approved a maximum student enrollment of 65 students with the ability to increase to 80 students. Two neighbors appealed the Zoning Administrator's decision The City Council denied the appeal, and modified the Zoning Administrator's decision by reducing the maximum student enrollment to 50 students with the ability to increase to 80 students if the church could first demonstrate full compliance with conditions of approval. Following the City Council decision, Woodside Hills Christian Academy closed its doors by the end of 2009. In 2011, the Zoning Administrator approved a Use Permit authorizing the establishment of Roots N Wings Montessori School for children 2.5 to 6 years of age. The approval allowed a maximum enrollment of 45 students and 5 employees. A community workshop was held at that time and staff understands that no issues were raised by neighbors, since the scope of enrollment was less than the maximum range of 50 to 80 students approved by the City Council in 2009. ANALYSIS The following "Analysis" section first provides an analysis of the Planning Commission and current staff recommendation. This is followed by an analysis of the alternative recommendation to overturn the Planning Commission decision, and approve the application. Planning Commission Recommendation As noted above, the Planning Commission denied the applications earlier this year. Resolutions were adopted in support of this denial. Planning staff recommends that the Council uphold the Planning Commission decision based on the findings and reasoning below. The following section is organized around the decisions the Planning Commission made: certification of the Environmental Impact Report, denial of the "Statement of Overriding Considerations" and denial of the Use Permit.