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ATTACHMENT 3 DRAFT P14-0970/P14-1173, Young Ivy Academy Applications at 5460 Sunol Boulevard, Suites 3 and 4 (Oak Hills Shopping Center): (1) to modify an existing Conditional Use Permit to convert a previously approved tutoring facility with a maximum of 30 students into a Heritage School with a maximum of 30 students and an outdoor playground area; and (2) for Design Review approval to remove eight existing parking spaces at the rear of the existing shopping center and construct a new 1,984 square-foot outdoor playground area enclosed with a new six-foot tall wrought iron fence. Zoning for the property is C-N (Neighborhood Commercial) District. This item was continued from the October 22, 2014 meeting. Eric Luchini presented staff report and described the scope, layout, and key elements of the proposal. Commissioner Balch inquired where the closest park to the school is located Mr. Luchini replied that he was not certain. Someone from the audience replied that Mission Park would be the closest. Commissioner Balch noted that the children could potentially walk to it. Mr. Luchini stated that it might pose some problems for safety and the operations of the school. Chair O'Connor noted that it would mean taking 30 children all the way up Junipero Street and across Mission Drive. THE PUBLIC HEARING WAS OPENED. Dr. Mary Kenefick, representing Young Ivy Academy, first responded to two comments brought up earlier: 1. In connection with Kathy Ferreira's email that the school's two school buses are parked in the shopping center's parking lot, she stated that they have only one bus as they are in the process of selling the second one. She explained that there is a 30-day overlap to allow for inspections to ensure the bus functions in all the ways it should. 2. With respect to a neighborhood park, she stated that there is not a park close enough to make it possible for the children to use. She indicated that they do use public parks in the summertime when they can bus groups of children for a period of an hour-and- a-half to two hours to go away. She explained that the problem and the reason they desperately need the playground area is that during the school year, going to a public park is not an option due to time constraints as the children come at about 3:00 p.m. EXCERPT: DRAFT PLANNING COMMISSION MINUTES, 11-12-2014 Page 1 of 10