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Item 3.1 - ADDITIONAL MATERIAL submitted by James Wright9:05 AM Street View a t. Lower LaCrosse Fre RB High School - , Is ts\PIT Mill Of •t I r ?p No Street View available here. Tap a location highlighted in blue to enter Street IL View. ti L James & Cathy Wright 12503 Alcacer Del Sol San Diego, CA. 92128 858-354-6550 jimwright.f3y@gmail.com September 9, 2017 Carol Rosas, Poway City Associate Planner City of Poway 13325 Civic Center Drive Poway, CA. 92074-0789 To: Poway City Mayor, City Council, & Carol Rosas We are respectfully requesting two actions by the Poway City Mayor, City Council and Real Estate Planning representatives. 1. Deny the request from Ner Tamid Synagogue and Marla Martin, private business owner (preschool), to expand Conditional Use Permits (CUP) 17-001 and the modification of CUP 02-11, as described in the 8/20/2017 "Invitation to the Neighborhood Meeting". Their request would allow the addition of two trailers totaling 2,880 square feet (referred to in the request as modular classroom buildings) and expand the existing preschool from 85 student to 153. Currently there is approximately 10,000 or more square feet of trailers used for Ner Tamid offices and classrooms for the private preschool business. The aging trailers are becoming increasingly dilapidated and are a blight in our neighborhood. The private preschool business with their current 85 students is a noise nuisance and is incompatible with this Rural Residential C zone neighborhood. On about September 2, 2017, 1 spoke to Melissa O'Connor, President of Ner Tamid Synagogue. As we discussed the proposed expansion and I referred to the additional trailers as "temporary", she made it very clear to me that there was nothing "temporary" about the additional trailers. Ner Tamid considers them to be "permanent". We believe adding additional trailers and the further expansion of the private business is unacceptable. The "temporary" facilities now deemed "permanent" by Ner Tamid, their renting unimproved portions of the property to a private preschool business, and that private preschool business moving trailers on the property, is wrong and unfair to this residential neighborhood. Additionally, Ner Tamid is currently operating the facility in violation of the two Conditional Use Permits already granted them. 2. Ensure the integrity in the Conditional Use Permit process and existing agreements. Poway City Management should require that Ner Tamid, after being afforded advantage through the CUP process, live up to the spirit of the agreement and perform to the commitments made in the CUP. Poway City Management should communicate to Ner Tamid Management that non- performance of those agreements is cause for revocation of the Conditional Use Permits. Areas where Ner Tamid has willfully failed to perform to the commitments and requirements in the CUP include the following. • CUP 17-001 Page 62, Phasing of the Ner Tamid Synagogue Project, Letter dated September 13, 2002 from Mark Baker to Ms. Carol Rosas: Phase IA will be accomplished in 2 years, Phase IB accomplished in 2 - 4 years, Phase II completed 2 - 3 years after Phase IB (6 - 7 years total), & Phase III completed 2 - 5 years after Phase II (9 - 12 years total). What happened? We are now 15 years into this process. All trailers should have been removed within 7 years total (by 2009). Now, Ner Tamid has determined on their own that the dilapidated trailers are good enough for this neighborhood. • The preschool is located within 200 feet or so from our family room and kitchen living area (see included photo). The children's playground is a noise nuisance for us with the 85 children. Expanding the preschool from 85 to 153 children will aggravate the noise issues that we are currently forced to live with. • Conditional Use Regulation 17.48070 Findings required before granting or altering permit (paragraphs B, E, G, & H): Clearly the expansion of the preschool to 153 students is harmful to neighborhood characteristics, injurious to properties, and is contrary to the adopted general plan for Rural Residential C. • Conditional Use Permit 17.48.080 Lapse of a Use Permit: States that the permit shall become void two years following date permit was approved, unless prior to expiration of two years a building permit is issued and construction is commenced and diligently pursued toward completion. Ner Tamid is 15 years into this process with no timeline or apparent intent to complete the project as previously committed. • Conditional Use Regulation 17.48.110 Suspension and revocation: This section should apply because of Ner Tamid's failure to comply with the original CUP granted them. I believe it is time that the City of Poway requires that Ner Tamid performs pursuant to the Conditional Use Permits. Thank you for your consideration. This is written in the spirit of cooperation, supporting the growth of a beautiful Poway, and being a good neighbor. Best regards, James & Cathy Wright View looking south just outside our family room.