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159 Valley Avenue into an interim "S" (Study) district as shown on Zoning Map No. 146. The roll call vote was as follows: AYES: Councilmembers Herlihy, LeClaire, Philcox, and Mayor Kinney NOES: None ABSENT: Councilmember McLain Appeal of Mr. and Mrs. Paul G. Marshall of a Planning Commission decision to deny application for a conditional use p.e, rmit to operate a Montessori- type sch6ol at 417 sycamore Road Mr. Harris presented ~his .reper.t .dated September 18, 1975 and reviewed the staff report to the Plmaning Commission dated August 13, 1975. Mayor Kinney declared the public hearing opened. Mr. Paul Marshall asked Council for a decision on whether he can operate. He described the sito's desirability and that the parents would be encouraged to carpcol and use other routes. He stated that they have serious and long-range plans for this facility. He also stated that the County Health Officer inspected the site ~nd his report was a favorable one. Maximum enrollment would be 40 children divided into morning and afternoon sessions. The property already has septic tanks. Mr. Robert D. Woods, 2323 Santa Rita, Realtor, Valley Realty, repre- senting Mr. Marshall addressed the Council explaining the time and efforts expended in locating this property. Dr. Barry Holtz, 843 N. "0" Street, Livermore, spoke in support of the school as a parent and an educator. He outlined the advantages of having such a school in the Valley. Mr. Tom Greene, 386 Sycamore Road, spoke in opposition to the traffic potential created by this use and the septic tank limitation. He would like te see the school established in an area where there are more safeguards for fire service and traffic safety. Mr. Sean McCary, 455 Sycamore, spoke in opposition to a commercial enterprise being operated in a basically residential area. Kathy Kellbe'r~, 375 Sycamore, spoke in opposition due to rural at- mosphere, the septic tank situation and traffic and expressed concern about future property values. As no one else wished to speak, Mayor Kinney declared the public hearing closed. Councilmember Philcox inquired how the subject parcel became a part of the City. Mr. Campbell explained that when this area was annexed to the city LAFCO required that as much contiguous property as possible be annexed along with it, therefore several parcels in Sycamore were included in that annexation, of which this is one. After discussion determining inability to support this application due to traffic hazards, lack of adequate water service and septic tank limitations and the contamination of wells in the area, it was moved by Councilmember LeClaire, and seconded by Councilmember Herlihy that Resolution No. 75-206 denying the appeal of Mr. and Mrs. Paul Marshall to a decision of the Plannin~ Commission to deny an application for a conditional use permit to allow the establishment of a Montessori School to be located at 417 Sycamore Road, be adopted. The roll call vote was as follows: AYES: C0Unc'iimer~B~S' H&rlihy, LeClaire, Philcox, and Mayor Kinney NOES: None ABSENT: Councilmemb er McLain -3- 9/22/75 I