Item 3.1 - ADDITIONAL MATERIAL submitted by James Wright9:05 AM
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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.