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Young Ivy Academy is a school providing individual tutoring for students grades 7 through 10 as well as Chinese and Spanish language training and math and English instruction to students in grades K through 6. The proposed 2,000 square foot playground area would occupy 8 parking spaces located behind the Oak Hill Shopping Center which are adjacent to the interior space leased by the applicant. Mr. Weinstein reviewed several photos of the larger Oak Hill Shopping Center, informally known as the Raley's Shopping Center. Young Ivy currently occupies Suites 3 and 4, with its immediate neighbors consisting of a dental office and nail salon. The applicant is proposing the conversion of 8 parking spaces situated to the east of Suites of 3 and 4 and separated from a residential neighborhood to the east by a drive aisle, one row of parking and an approximately 9-foot masonry wall. Residential uses are also located to south of the site across Junipero Street. Young Ivy Academy currently has 30 students enrolled at any given time, operating from 11:30 a.m. to 6 p.m. during the school year and from 8:30 a.m. to 6 p.m. during the summer months. As proposed, the school would allow for up to 16 students, supervised by one or two members of staff, to use the playground at any given time and the hours of use would be limited to between 2 p.m. and 6 p.m. Councilmember Narum noted that the daily schedule provided included in the staff report does not indicate an allotment for breaks or playtime for grades 1 through 5 and requested clarification on the applicant's intent. Mr. Weinstein deferred to the applicant but thought that outdoor play times might be incorporated into the regular curriculum as opposed to separately scheduled. Mr. Weinstein reviewed the proposed playground site plan, which has dimensions of 31 by 64 feet and includes a 10-foot tall prefabricated play structure surrounded by a rubber synthetic play area, turf area, bench and landscaping. The playground itself would be enclosed by a 6-foot tall wrought iron fence with 2 access gates outfitted with emergency opening devices. Students would be escorted to and from the playground, as well as supervised during play times, by staff as already indicated. The Planning Commission heard the item on November 12, 2014 as part of a larger application that consisted of a CUP modification to allow the use on the site to transition from a tutoring facility to a heritage school, as well as a CUP modification to allow the outdoor playground as a conditionally permitted use and Design Review approval for development of the actual play area. While the Commission approved the CUP modification for the heritage school use, it denied the playground component of the application on a 5-0 vote. The Commission cited noise and safety concerns as well as land use compatibility as the key issues in denying the application. While the rear of the shopping center is subject to loading activities and traffic circulation, it was determined that the introduction of the playground and occupants would increase ambient noise levels in close proximity to existing residential uses to the east and south of the site. In examining land use compatibility, the Commission noted that the playground would be separated from vehicle travel paths only by a fence, exposing students to collision hazards. The Commission also noted that the shopping center is fairly busy, that the drive aisle running adjacent to the playground allows for cross traffic from Mission to Junipero Street and vice versa, and that restricting delivery truck hours to minimize safety concerns in this area would be difficult to address. Mr. Weinstein explained that these comments closely mirror staffs analysis. As noted, the proposed project and use would increase ambient noise levels in close proximity to existing residential neighborhood which is separated from the site by only about 47 feet and a 9-foot masonry sound wall. With regards to design and location, staff noted that the playground is being introduced to an area used primarily for vehicular circulation, loading and parking with no open space buffer proposed between vehicle movement uses and the playground. On the general matter of land use compatibility, staff acknowledges that schools have a valid need for outdoor play areas and that the applicant has thoughtfully developed the playground so as to provide a well-integrated and usable open space for its City Council Minutes Page 11 of 18 Dec 16,2014