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Minutes - San Leandro City Council Meeting - June 3, 1991 Page - 17 - PUBLIC HEARINGS (continued) The following Resolution was then introduced: RESOLUTION NO. 91-91 (1009/2684) RESOLUTION APPROVING TENTATIVE MAP TRACT 6410 850 THORNTON STREET FORMER DEL MONTE RESEARCH SITE Introduced by Council Member Faria who moved its adoption, seconded by Council Member Perry and carried by the following called vote: AYES: Council Members Corbett, Faria, Glaze, Perry, Polvorosa, Santos; Mayor Karp ( 7 ) NOES: None ( 0 ) ABSENT: None ( 0 ) C. Matter of Appeal by Marc Margaret Bernie of the Board of Zoning Adjustments' Approval of CU-85-03; (1st Modification); Conditional Use Permit; Request for a Modification to a Conditional Use Permit for a Preschool for the Addition of a Day Care Center for 30 Children, Ages 5 to 12; St. James Lutheran Church; 933 Estudillo Avenue; Assessor's Parcel Number 77-501-3-1; R-1 (Single Family) District. This being the time and place for the Public Hearing on the above matter, June Catalano, Planning & Building Director, explained that the existing pre-school at this site was approved in 1985. She said this Conditional Use approves the addition of a 40-student before and after school program. Norm Weisbrod, Associate Planner, described the site and the adjacent area. He said the church operates the existing pre-school . He said the church now has a courtyard and another area that are used as play areas. He said the proposal is to add 40 children in a before and after program during the school year and a day-long program in the summer. He said the program would use the auditorium in the church building. He said the issues raised at the Board of Zoning Adjustments hearing were primarily related to noise and the location of the dumpster on the site. He said the tenants of the condominium adjacent to the church had complained about the noise from the school . He showed slides indicating the proximity of the play equipment to the second floor balconies of the condominium. He said there was a possibility of relocating the play equipment and dumpster. He said the Board of Zoning Adjustments had approved the project and required a six month review. The Hearing was then opened to the public. Marc Margaret Bernie, the appellant, said she her home is next door to the church site. She said she and her husband sold the property to the church and she presented a copy of a deed which she felt restricted buildings on the site to one story unless they were for church or religious uses only. The City Attorney explained that, regardless of