Orinda City Council Rejects Montessori Preschool Project In Old Phair's Building

The Orinda City Council on Tuesday night rejected a proposed preschool in the old Phair's department store building in the Orinda Village area of town.

The decision overturned the Planning Commission's approval two months ago of the project proposed by Fountainhead Montessori Preschool.

The council voted 3-0 to turn down the project with Mayor Amy Worth, Councilman Dean Orr and Councilwoman Victoria Smith casting votes.

Supporters of the preschool groaned after the vote, several shouting "shameful" at the council as they left the meeting.

Councilman Steve Glazer was not at the meeting and Councilwoman Sue Severson recused herself from voting on the project after being criticized by some Orinda activists for contacting another developer about another potential project for the property.

Smith said she did not feel a preschool was an appropriate business in a commercial district. She said a more appropriate facility would be one that had a smaller, steadier stream of customers.

She said a preschool is a good thing to have in Orinda, but it needs to be in a different location.

Orr said he agreed with Smith that the preschool does not fall under permitted uses in the zoning for that part of town.

More than 100 people attended the meeting and more than 20 spoke during the three-hour hearing on the project.

In August, the Orinda Planning Commission approved a general use permit as well as the design review for the preschool proposal.

The approval came after the commission on a 5-2 vote ruled that a preschool was an allowable use on the property under city zoning laws.

That decision was appealed to the council by Orinda resident Terry Murphy.

Under the developer’s plans, the former Phair’s building at 10 Avenida de Orinda would have been torn down and a new two-story, 15,600-square-foot complex built.

Slightly more than 11,000 square would have been used for the preschool. The remaining 4,500 square feet would have been dedicated to retail shops along Orinda Way.

The preschool would have accommodated 150 students. The hours of operation would have been 7:30 a.m. to 6 p.m.

The parking spaces in the lot behind the building would have been reduced from the current 45 spaces to 36 spaces.

At Tuesday night’s hearing, representatives of the preschool said the school would enhance a block that has been unoccupied for 12 years.

Shandy Cole, Fountainhead executive director, called the project a “modern, secure and spacious campus.”

She noted Fountainhead has spent three years and hundreds of thousands of dollars on the project.

“It will revitalize the downtown,” said Cole. “The children and families of Orinda deserve state of the art schools.”

Councilwoman Smith questioned Fountainhead representatives about parking and traffic. She was told there would be adequate parking for the school and the retail shops. Fountainhead officials said cars would turn onto Avenida de Orinda from Orinda Way then exit through the parking lot onto Camino Sobrante.

In his presentation, Murphy disputed these assertions.

Murphy said a child care facility is not allowed under city zoning for that property. He also said the Planning Commission overstepped its authority by “rewriting the General Plan” when approving the project.

He added there will be 120 to 150 cars trying to access the complex between 8 a.m. to 9 a.m. He said another 90 to 100 cars will be arriving at the complex during the midday hours.

He also said there isn’t enough parking and that visitors would be parking more than two blocks away.

“Logistically, it’s a nightmare,” Murphy said.

During the public hearing, a number of Orinda residents spoke in favor of the project. They said a preschool would be a plus for the downtown area. They added it’s time for a new business to move into the old Phair’s building, bringing business and sales tax revenue.

In addition, a series of parents of young children who use Fountainhead’s current facility on Santa Maria Way. They said the new location would be more convenient for them. One parent said the new school would encourage young families to move to Orinda, bringing “energy and vitality” to town.

Tom Phair, whose family owned the store that used to occupy the property, said he remembers as a kid when school children populated the downtown village area. He said the school would bring children back.

He added his family has had a number of potential clients inquire about the property, but the demographics of Orinda and the condition of the building discouraged them.

“We have found a good tenant,” said Phair. “The building is not usable. It’s old, run down and needs to be torn down.”

Others, however, criticized the project. They said preschools should be in more residential areas rather than a commercial downtown area.

They also mentioned the traffic and parking problems the project would bring. One resident said the school would create “a major, major traffic jam.”

They also said a more compatible project should be found for the property.

Several nearby business owners spoke against the preschool, saying it would cause traffic and parking problems and cost them customers.

Before Tuesday night’s hearing, some residents questioned whether Councilwoman Severson should be allowed to vote on the issue.

Members of the community group Orinda Watch have circulated emails they say Severson wrote to developer Bruce Burrows.

In the emails, Orinda Watch members say Severson discussed with Burrows a plan to vote down the preschool proposal so a larger project could be built on the property.

At the beginning of the meeting, Severson read a statement saying there was a perception of conflict involving her actions and she would recuse herself from voting on the issue to avoid tainting the process.

When the preschool project came up on the agenda, Severson excused herself and left the room through a back door.