Item 18 - Appeal Application of Conditional Use Permit to Allow the Expansion of a Private School

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Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) February 3, 2026 Page 4 5 4 9 2 At the time of construction, the private school facility was designed to accommodate elementary students, serving pre-kindergarten through sixth grade. While CUP No. 1982- 18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP. Since its original construction, the City has not received a significant amount of complaints regarding noise, circulation, parking, lighting, or other quality-of-life impacts from residents or owners of the surrounding properties. Analysis of Appeal Pursuant to Section 41-645 of the SAMC, an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission’s decision to approve CUP No. 1982-18-MOD-1. The appellant is requesting the following actions: 1. Vacate the Planning Commission’s approval of CUP No. 1982-18-MOD-1; 2. Remand consideration of CUP No. 1982-18-MOD-1 back to the Planning Commission; 3. Conduct at minimum an Initial Study as part of the CEQA analysis that accompanies re-consideration of CUP No. 1982-18-MOD-1 by the Planning Commission; and 4. Demonstrate that the project is compatible with neighborhood context, and if it cannot demonstrate compatibility, deny the project. The Planning Commission agenda packet prepared for the Project contained all necessary information for the Planning Commission to evaluate the applicant’s request and is provided as Exhibit 3 to this report. A copy of the submitted appeal application is provided as Exhibit 1, and a detailed analysis of and response to the eight claims made in Appeal Application No. 2025-02 is provided as Exhibit 6. Planning Commission Determination Supporting Approval CUP requests are governed by Section 41-638 of the SAMC, and modifications to existing CUPs require a new application under Section 41-649. A CUP may be granted if it can be demonstrated that the proposed project will not adversely impact the community or conflict with the General Plan. The requisite findings of fact are detailed in the Planning Commission Staff Report – October 27, 2025 (Exhibit 3) attached to this report, and additional analysis supporting these findings is provided in the sections below.