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The Zoning Adjustments Board approved on Thursday the controversial Final Environmental Impact Report for the proposed Beth El synagogue and school at 1301 Oxford St. 

Eric Norris, a representative of Pacific Municipal Consultants, the company which compiled the report, made some final changes to the document and the ZAB approved it by a 5-1-1 vote. Boardmember Carrie Sprague voted in opposition to the FEIR and new Boardmember Lawrence Capitelli abstained. 

Capitelli is Councilmember Miriam Hawley’s appointment. 

Boardmember James Peterson discovered at the beginning of the meeting he had been removed by City Councilmember Maudelle Shirek. His replacement, Michael Berkowitz, was unable to take his place on the board immediately because Berkowitz had not had an opportunity to familiarize himself with the agenda items. 

Boardmember Dave Freeman, who relies on a wheelchair and respirator, was unable to attend because of rainy weather conditions. 

The motion to approve the FEIR might have failed had it not been for what one planning staffer characterized as the “graciousness” of Boardmember Gene Poschman. Poschman was inclined to abstain, which would have left the motion one vote short of the five it needed for approval, but voted to approve in place of the absent Freeman. 

“It’s not our role to hold up projects any more than necessary,” Poschman said. “I know David Freeman was very much in favor of approving this.” 

The Live Oak-Codornices Creek Neighborhood Association opposed the FEIR’s approval because they said the 650-page document does not meet standards set by the Californian Environmental Quality Act.  

The LOCCNA claims the 35,000-square-foot project is too large and would cause traffic problems. The neighborhood group also said both Codornices Creek and elements of the property designated as city landmarks would be adversely impacted. 

“The questions board members asked about this FEIR really shows what a poor document it is,” said LOCCNA member Juliet Lamont. “It certainly wasn’t rubber stamped the way many of them are.” 

At previous meetings, several ZAB members asked Norris questions about how he determined the project’s impacts and mitigations on aspects of the report including parking, alternate sites and historical resources. 

Congregation Beth El members argue the FEIR is more than adequate claiming that the Oxford Street report is larger and more complete than EIRs for 200-unit subdivisions. 

Beth El members said the issues raised by the neighborhood group are exaggerated and that the FEIR clearly shows there will be no significant impact on the property that can’t be mitigated. 

“Many different plans were considered and many compromises were made as we worked for more than two years to find ways to incorporate neighborhood and environmental values,” said Beth El member Harry Pollock in a press release. “This proposal reflects the considered, thoughtful balance of all issues.” 

The approval of the FEIR moves the project onto the next stage which is ZAB consideration of the use permit. During this project the ZAB can alter the size or design of the project as well as impose restrictions on parking and traffic patterns according to Vivian Kahn, the interim deputy director of the Planning and Development Department. 

“The standards used for the Environmental Impact Report are lower than local zoning standards,” Kahn said. “It’s really two different things.” 

The ZAB will begin public hearings of the project at its Jan. 11 meeting. 

“Clearly the boardmembers have thoughts and suggestions for the use permit and we look forward to hearing them,” Pollock said. “We look forward to discussing the balance in our plan and all the factors that went into it.” 

Lamont said that despite her group’s belief that the FEIR is inadequate, there has not yet been a decision to appeal the ZAB’s approval to the City Council.  

“We feel pretty good about putting our efforts into the use-permit phase.”