TO: PLANNING COMMISSION MEETING DATE: 2/13/2002

REPORT DATE: 2/5/2002

FROM: SCOTT ANDERSON, ITEM NO.:

PLANNING DIRECTOR

SUBJECT: 215 BLACKFIELD DRIVE: REVIEW OF CONDITIONAL USE PERMIT FOR KOL SHOFAR SYNAGOGUE AND APPURTENANT DAY SCHOOL USE; FILE NO. 48404

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 BACKGROUND

In May 2001, the Planning Commission held an accelerated review of a conditional use permit originally granted to the Kol Shofar Synagogue in 1985, and reviewed annually since 1997. The use permit, at that time set forth in Resolution #97-17 (Exhibit 1), also authorizes appurtenant day school use at the site.

The accelerated review of the conditional use permit occurred because of the addition of a new tenant at the site, namely the Jewish Community High School (JCHS). Since the JCHS was introducing an older student population than had previously operated at the site under the terms of the Town’s conditional use permit, the Commission concluded that new conditions of approval should be put in place to address potential impacts brought about by the change in circumstances.

The Commission adopted Resolution #2001-07 (Exhibit 2) amending Resolution #97-07 to incorporate these new conditions of approval. The Commission also directed that a mid-school-year review be conducted, focusing on the JCHS portion of the conditional use permit, to ensure that unforeseen problems were not arising.

This public hearing constitutes the mid-school-year review, focusing on any issues related to the JCHS.

ANALYSIS

As the Commission may recall, or may glean from the minutes (Exhibit 3) of the hearing, the future of the JCHS operation at the site was quite uncertain. In fact, the JCHS has since purchased a facility in San Francisco and will not be returning to the Kol Shofar property for the 2002-2003 school year. The JCHS has an enrollment of approximately twenty (20) 9^th and 10^th graders.

Staff contacted Dr. Lawrence Fischer, Head of School for the JCHS, prior to the preparation of this report. He indicated that he had not received any complaints to date regarding the JCHS use. Nor has Town Staff. The JCHS appears to have complied with all conditions of approval that were imposed by the Commission, and does not appear to be causing concern within surrounding neighborhoods.

The Planning Commission imposed certain additional restrictions on the use to address potential impacts from the JCHS. These were as follows:

1. No use of bells and buzzers associated with class changes and lunch time. Neither bells nor buzzers are used. Clocks and voice calls are used exclusively.

2. Recreational facilities are to be located off-site. The JCHS used the Strawberry Recreation District gymnasium for recreational purposes.

3. No student driving of cars off-campus during school hours. None of the students drive.

4. Reedland Woods Way shall not be utilized except for specialized needs and deliveries. According to Dr. Fischer, Reedland Woods Way is not used except for such purposes.

5. The eucalyptus grove shall be off limits to students. According to Dr. Fischer, the students do not enter the eucalyptus grove.

CONCLUSION

Absent any public testimony to the contrary, Staff believes that the JCHS is operating within the parameters of the conditional use permit, and is likely to continue to do so for the remaining four (4) months of the 2001-2002 school year, at which time it will relocate to San Francisco.

Town Staff will advise the Commission if it becomes aware of any proposed future changes in use that would potentially affect this annual review date.

RECOMMENDATION

That the Planning Commission hear any testimony on this matter, and unless substantial evidence to the contrary is submitted, find the JCHS use in compliance with the terms and conditions of the conditional use permit.

That the Planning Commission schedule the next regular annual review, which would encompass the entire conditional use permit. Annual reviews have typically been held in July or August of each year since 1997.

EXHIBITS