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Ms. Kenefich confirmed and again stressed the benefits that being outdoors and enjoying physical activity can have on a student's overall wellbeing and focus in the classroom. Councilmember Narum asked how the applicant would remedy any noise issues, presuming the Council were to uphold the appeal and neighborhoods were to file complaints. Ms. Kenefich explained that they have already indicated a willingness to restrict playground hours to 11 a.m. to 5 p.m., which would not interfere with early morning or evening hours when residents are typically home. She said that with the majority of surrounding uses being business and the sound attenuation afforded by the masonry wall they frankly did not anticipate any serious noise issues would arise. Shankar Roy identified himself as a former Young Ivy parent. He stressed the benefits that both the school's program and that frequent access to outdoor play time provided to his own child. He noted that transporting students to a nearby park would interfere with the parents' ability to pick up at their convenience. He encouraged the Council to support the project, which would be appreciated by both parents and students equally. Faith Fisher said that her own daughter recently completed the dual immersion program, thanks in large part to the Spanish program she attended at Young Ivy. She said that in this digital age, it is imperative that children be encouraged to explore and provided with opportunities to enjoy fresh air and outdoor play. She said she was impressed with the applicant's attentiveness and response to each concern raised, particularly those related to safety. Based on this, she felt the only outstanding issue was that of ambient noise and whether one thinks that the din of young children playing is a nuisance. Mayor Thorne closed the public hearing. Councilmember Brown applauded Young Ivy's programs and agreed that schools have a valid need for play areas, but ultimately shared the Planning Commission's concerns. She said she felt that the site features were not directly comparable to the other installations illustrated by the appellant and render it inappropriate for the proposed use. Specifically, she was concerned with students having to leave the primary facility in order to gain access to the playground area. She shared her hopes that the appellant, if denied today, would begin the search for a new location better to their needs. Councilmember Olson concurred with the assessments of both staff and the Planning Commission. He explained that his concern related solely to that of land use compatibility rather than noise. Councilmember Narum also agreed that this is not an appropriate location for this type of land use. Mayor Thorne concurred, citing safety and land use compatibility as his primary issues. MOTION: It was m/s by Thorne/Narum to waive full reading of Resolution No. 14-725 and denying the appeal and upholding the Planning Commission's denial of applications for Design Review approval and modification to an existing CUP to construct and operate an outdoor playground area at 5460 Sunol Blvd, Suites 3 and 4. Motion passed by the following vote: AYES: Councilmembers Brown, Narum, Olson, Mayor Thorne NOES: None ABSENT: None RECUSED: Councilmember Pentin 11. Consider adoption of a resolution establishing fixed and uniform refuse collection and recycling service rates for residential and commercial customers City Council Minutes Page 13 of 18 Dec 16, 2014