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Board denies neighbor's appeal, upholds Patty's Swim School conditional use permit with shorter review interval
Summary
The Alameda County Board of Supervisors voted Nov. 14 to deny an appeal of a conditional use permit for Patty's Swim School in Castro Valley, adopting BZA findings and trimming the long-term mandatory review from five years to three; the record includes competing testimony about easement obstruction, noise and the program's service to special-needs swimmers.
The Alameda County Board of Supervisors denied an appeal of a conditional use permit for Patty's Swim School at 4621 James Avenue, upholding the West County Board of Zoning Adjustments' decision but shortening the longer-term mandatory review period from five years to three.
Rodrigo Orduna of the County Planning Department told the board that the swim school has operated since 1998 and, following a mandatory-check process, was found to be in compliance with Environmental Health and Building Department conditions as of June 10, 2024. Orduna said the BZA modified conditions to allow four students per lesson (up from three), require unannounced county inspections and mandate staggered drop‑offs to reduce overlap. "This facility shall be closed Fridays and Sundays," staff clarified as part of the operating conditions.
Appellant Ofer Gabay told the board he and his wife have suffered noise and access problems, alleged repeated blocking of a shared easement and said he would install cameras to document the operation. "I will put cameras there, and I will prove that the swimming pool is not with 3 kids and not 4 kids," he said during his presentation. Gabay asked the board to revoke the permit if county inspections supported his claims.
Supporters of Patty's said the program provides essential lessons, especially for children and adults with disabilities. Dr. Elizabeth Ellis Marino testified that a swimmer in her care benefited immediately from the school's instruction, saying, "Patty swim school saved her life." Multiple parents and therapists told the board the school teaches autistic and neurodivergent students skills they could not get elsewhere in the East Bay.
Supervisors spent significant time questioning staff about the original 1998 findings, how the county enforces easement obstruction and noise, and whether hours or student limits should change. County counsel and staff said enforcement is evidence‑based: code enforcement or planning staff would document obstructions (photos, logs, county inspections) and could initiate revocation proceedings if conditions are repeatedly violated. President Miley moved to deny the appeal and adopt the BZA's findings and conditions, with Supervisor Tam seconding the motion; roll call votes were recorded as Aye (Tam), Yes (Miley) and Aye (Halbert), with two supervisors excused.
The board included a shorter three-year periodic review (instead of five years) to give neighbors a closer check-in point. The decision leaves in place the conditions requiring staggered lessons, limits on per-session students, and county inspection rights; staff said any repeat violations can trigger enforcement up to revocation.
The next procedural step is the county's monitoring of compliance; if residents document or county staff find violations of permit conditions, enforcement actions or a revocation hearing could follow.
