SUMMARY OF CODE COMPLIANCE COMPLAINTS
October 2005

1. Enrollment Limits
   The threshold determination/condition specifying an enrollment maximum of 120 with no more than 100 at any one time contained in both the enabling 1981 DCLU determination of non-significance (DNS) and the related Agreement between school owners/DCLU/neighbors has been has been grossly exceeded without request for amendment or provision of relief. Enrollment is now at 220. Requested action: resize enrollment to DNS limits or submit a comprehensive Environmental Impact Statement (EIS) to support/mitigate impact of larger enrollment.
2. Excessive Playground Noise Code Compliance
   Spillover noise from playgrounds to abutting residential properties exceeds noise ordinance many times over. Maximum level is 55 decibels, documented and recorded levels over 80 decibels. Sound mitigation provisions (fences, dense hedges) of previous permits have been removed, altered or allowed to wither. Requested action: reinstate all previous conditions for noise abatement and add additional measures to achieve compliance with ordinances.
3. Fence and Netting Height for Playground
   Retaining wall, wooden fence and netting along East Lynn Street and 10th Avenue East that surrounds large activity court does not conform to approved plan and Code. Wall is too high, fence is constructed of non-conforming material, and netting is 7 feet over DNS specifications and is not "virtually transparent." Action requested: resize fencing and netting to specifications of approved plan in DNS, change netting, add landscaping to mitigate noise and visual impact.
4. Fencing for Rear Yard, 913 East Lynn House
   1990 DNS "for the life of the project" condition specifies that fence on south property border of 913 East Lynn House will remain. Existing fence is non-compliant; it is too short and does not restrict extension of playground into back yard. Action requested: Remove and replace with fence 6 feet in height such that is restricts playground spill-over into rear yard of property.
5. Fence and Landscaping for Western Lot Line
   1981 DNS and Agreement, 1990 DNS and Code conditions violated as lack of prescriptive fencing, 7-foot wide laurel hedge, and play equipment within setback. Construction of 16-foot high cyclone fence is non-conforming and exacerbates noise production. Requested action: Reinstate the fencing and hedged requirements, remove the non-conforming cyclone fence, and relocate playground equipment.
6. Summer School and Special Event Use of 913 East Lynn House
   1990 DNS restricts use of 913 East Lynn House on weekends or summer months and no use of backyard for extension of playground. Action requested: Cease non-compliant use and establish relationship with neighborhood association to negotiate use for special events.
7. Drive-Through
   Drive-through in front of school not constructed to approved plan specified 1981 DNS thereby creating extended queues on 10th Avenue, limiting on-site parking, serious safety hazards to pedestrians and bus riders. Action requested: reconfigure and expand drive-through area per plan and elongate drop-off area per suggested design.
8. Parking in Yard
   Vehicle parking in side-yard in area north of drive-through is non-conforming and was denied by Hearing Examiner decision yet is routinely allowed. Action requested: suspend unsafe parking practice and use space to elongate the drive-through.
9. Waste and Recyclable Storage Space
   Waste and recycling container storage in non-conforming side yard. Action requested: relocate containers and use space to elongate the drive-through.
10. Off-Street Parking
    Amount of off-street parking is totally insufficient to satisfy Code requirement of 0ne per staff. Staff of 41 has limited access to only 4 on-site spaces; all others compete for parking in residential neighborhood. Action requested: Suspend use of on-street parking in neighborhood, contract for off-site parking, construct a 46 or more on-site spaces to meet minimum requirement for staff and new auditorium.
11. Setbacks for Outdoor Play Equipment
    Outdoor play equipment is non-conforming as within 20-foot setback of abutting residential zone. Action requested: Move equipment.
12. Construction Without Permit and Lot Setback Violation
    Non-conforming structure constructed on lot line without necessary building permits and variance. The building contributes to noise violations. Action requested: Remove building from playground.