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SECTIO N 4 — IMPROPER USE OF CUP MODIFICATION PROCES S CUP No 1982-18-MOD-1) The City's decision to process the application as a modification to an existing Conditional Use Permit, rather than as a new CUP, materially altered the level of required review, public transparency, and environmental analysis. The nature and scope of the proposed changes involve a substantive expansion of use and operational intensity that could not reasonably be considered a minor modification under the framework of CUP No. 1982-18. The use of the modification pathway was not appropriate and resulted in an approval based on a reduced standard of review. 4.1 CUP Modification Was Improper Given the Substantial Change in Use The original CUP (1982-18) was established more than four decades ago under materially different operational conditions and does not reflect the current nature, scale, intensity, or _ configuration of institutional activity along this portion of W. McFadden Avenue. The application seeks to convert the school program from K-6 to K-8, representing a substantive change in the nature and scope of instruction, student population, daily operations, and environmental impact on adjacent residential property. A programmatic expansion that introduces new grade levels, increases school-day hours and curricular milestones, elevates student age ranges and activity types, and alters school- related traffic and noise patterns cannot reasonably be classified as a minor modification to an outdated CUP. The proposed changes reflect a new use condition that requires re- evaluation under a new CUP rather than an amendment to a decades-old entitlement. 4.2 Material Increase in Operational Intensity Requiring New CUP Review The proposed project introduces operational intensification that extends beyond the scope of the original CUP, including; • Increased student population and expansion of programming from K-6 to K--8 • Addition of classrooms and a laboratory facility • Conversion of recreational field space to multi-use parking • Increased after-hours activity, traffic, and community use • Cumulative corridor-level impacts arising from coordinated institutional operations These changes materially alter the intensity, duration, and character of land-use activity on the site, creating new environmental and residential impacts that require a full and current CUP review. A modification process is inappropriate where the project results in heightened impacts to adjacent R-1 property and increases demand on public and private infrastructure. 4.3 Modification Pathway Circumvented Appropriate Level of Review and Public Safeguards By processing the application as a CUP Modification rather than a new CUP, the City applied a lower review threshold, resulting in: • Reduced disclosure obligations • A narrower scope of analysis • Limited ability for public participation 13 City Council 18 — 29 2/3/2026