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Trudy Ryan, Planning Officer, presented the staff report and, with the assistance of Robert Paternoster, Director of Community Development, responded to questions from Council regarding: the permit process, legal nonconforming use; the synagogue on site; characterization of activities and uses allowed; services available; history of school; and student enrollment; types of events and attendees; other private schools in City; parking; traffic management; other activities and businesses in area; hours of usage; and proximity of residents.
Mayor Chu opened the public hearing at 9:22 p.m. and asked the applicant/appellant to come forward.
Rabbi Avi Schochet, applicant, announced that the school and its neighbors had reached an agreement and invited neighborhood representative, Ashok Saraf, to come forward and together they presented the joint list of conditions of usage, replacing the conditions set forth in Section 3C and 3D in Attachment B (Planning staff’s Recommended Conditions of Approval – Use Permit) and went over key points: maximum enrollment; maximum number of attendees at 8 special functions; hours of operation; and designation of a City liaison. They also addressed other issues: use of the school's parking lot by park users; City access to the park through school property; and responded to questions from Council regarding: history of the school, curriculum; sanctuary; use of facilities by outside community service groups; school activities; administrative uses; use of the Kosher kitchen; social activities; bicycle parking; and traffic management.
Sam Cramer, a neighbor whose children attend the school, informed Council that Jewish people are strictly forbidden to drive on the Sabbath and addressed issues regarding: enrollment; parking and use of the school's parking lot by visitors to the park and convalescent home.
Ytai Cezana, a member of the Synagogue, spoke regarding the number of cars using the parking lot; parking lot shading requirements; and eliminating item 13 of Attachment B.
Morey Schapira, a 26-year resident whose children attended the school and past-president of the school involved with the Use Permit application in 1996; informed Council that not all of the traffic management and parking issues are school related; that San Antonio Park, the convalescent home and the jr. high school contribute to problems with traffic and noise and the school should not be asked to bear the entire cost of traffic calming measures; and he made the point that he has worked for years on a voluntary basis with Public Safety’s crime prevention unit.
Martin Stone, a resident of Palo Alto with two children attending the school, informed Council he walks from Palo Alto to services every Saturday; spoke regarding the use of schools for adult education classes and raised the following issues for the record: first amendment, due process, equal protection, abuse of discretion; and responded to questions from Council.
Queene Mavor, a neighbor, talked about the changes that have occurred in the neighborhood over the past 10 years, the importance of traffic management, and requested a study issue regarding San Antonio Park to add parking and restrooms.
Bosco Wong, a long-time neighbor who has seen the gradual growth and increased traffic in the area, is in favor of the school and does not oppose the renovation, but does oppose expansion, and instead of allowing 400 adults plus children at special events 4 times per year would like a solid number of people to be specified.
Cyndi Iwata, a neighbor, spoke regarding: limitation on functions that occur on campus; insufficient parking in the area; complaints to police about loud music; and would like a specific capped number of people allowed at special events.
M.L. Chan, a neighbor, spoke regarding: complaints about noise on the Sabbath and on Sundays; grandfathering of uses and expanded uses; and supports neighbors sharing the costs with the school for traffic mitigation measures.
Saeed Solymani, a neighbor, pointed out that as families expand so do the number of cars in each household.
Fred Zaghi, a neighbor with 3 children attending the school, stated he and his 11-year old child attend an adult evening class along with 10-15 other people; that a small percentage of the parking spaces are occupied on Saturdays; that the school's parking lot is used by people who visit the park and convalescent home; that their special events are comprised of students and their parents.
Randy Ehlers, a neighbor, appeared before the Planning Commission in 1996 and strongly supported the school’s plans; he stated the school has been a very good neighbor and he does not personally have a problem with noise or the large number of people attending the 8 special events held each year; he also spoke regarding: traffic and noise issues; uniformity with the landscaping; the need for additional parking in the neighborhood due to sporting events at the park and other businesses operating in the area. Staff responded to questions from Council regarding the use permit.
Avi Kopelman, past school president, chair of construction committee, and a contributor to the agreement, stated they went through the negotiation process with the neighbors to clarify and resolve issues regarding parking, noise, traffic, and activities; and expressed his disappointment with the complaints that were being made to Council on issues that were addressed in their joint agreement.
Kacy Walden, a neighbor, expressed her concerns regarding expansion of uses and wants condition 1-Q to stay in effect as originally proposed.
Rena Solymani, a former student of the school, disputed testimony regarding expansion when enrollment is down to 250 from 354 maximum and disagrees with the numbers being used to compute attendees at events; and pointed out that the park and convalescent home contribute to the on-going traffic and parking problems.
Peiling Li, a neighbor, expressed her problems with loud noise and activities that continue past 10:00-11:00 p.m. which disturbs her children who are sleeping or studying; and understands the need for the school to expand but would like to see some restrictions in place.
Don Benoti agreed with his neighbor Peiling Li regarding problems with noise late at night and is concerned the school may expand the uses of its kitchen into catering activities such as weddings and believes there needs to be limits imposed.
Jean Pierre Brown, a neighbor, commented on the good communication that took place between the school and the neighbors to reach an agreement and encouraged Council to vote its approval; informed Council that two adults would be present at each event and the neighbors have been provided with phone numbers to use regarding noise problems; invited the neighbors to their barbeque; discussed their reluctance to lock into a fixed number for special events; went over some details of their remodeling plans; and responded to questions from Council.
Public testimony completed - Mayor Chu closed the public hearing at 11:30 p.m.
After the close of the Public Hearing, Councilmember Miller moved and Vice Mayor Swegles seconded, to complete this item and then re-schedule the two remaining items on the agenda to a special Council Meeting on 8/30/05 at 7:00 p.m.
Motion failed 2-5 with Councilmembers Howe, Hamilton, Lee, Fowler and Mayor Chu dissenting.
Continuing on with Item 2, Council addressed questions to staff regarding: conditions of approval, use permit, proposed language by applicant; carpooling; bicycle parking classifications; traffic control management; and agreement presented by neighbors and school.
Councilmember Lee moved and Councilmember Miller seconded to approve Alternative No. 2: Council grants the appeal and approves the Use Permit with modified conditions and number of people on campus substituting Section 3C and 3D in Attachment B (Recommended Conditions of Approval – Use Permit) with Items A-P pages submitted by the neighbors and the applicant items A-P, with the following adjustments:
1.Q. to read: After project implementation, applicant shall be responsible to cover the cost of striping Astoria Drive if deemed appropriate by the Transportation and Traffic Manager.
2.D. to read: As modified by Planning Officer
6.A to read: Work with City staff to identify and negotiate a permanent emergency access route for City vehicles along western property line to San Antonio Park.
10.0 to read: At least 50% of the new portion of the parking lot shall be shaded at 15-year growth of trees.
13.A - delete parking/circulation conditions.
14.A to read: Provide 23 bicycle parking spaces with a combination of Class I (bike lockers which protect the entire bicycle) and Class II (bicycle rack).
18.A to read: Develop a Transportation and Parking Management Plan (TPMP) for high volume activities (in excess of 200) people, with the exception of regular school hours) and submit to the Director of Community Development for final approval. TPMP must be approved and in place prior to issuance of Occupancy Permit.
Councilmember Howe offered a friendly amendment to remove 1.N (Recommended Conditions of Approval – Use Permit) regarding construction hours and allow default to existing City policy. Friendly amendment accepted.
Councilmember Hamilton offered a friendly amendment to include language that the use permit covers a school with an enrollment up to 354 students (pre-K—Grade 8) and associated uses and activities connected to the school, including the place of worship. Friendly amendment accepted.
Vice Mayor Swegles offered a friendly amendment that the school provides the neighbors with telephone numbers for contact purposes. Friendly amendment accepted.
Motion carried unanimously 7-0.
RECESS CITY COUNCIL
Mayor Chu called a recess at 12:00 midnight.
Mayor Chu reconvened the meeting at 12:05 a.m. and continued the meeting with item No. 4 on the agenda.
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