TO: PLANNING COMMISSION MEETING DATE: 5/23/2001                                   REPORT DATE: 5/16/2001

FROM: SCOTT ANDERSON, ITEM NO.: 2

PLANNING DIRECTOR

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

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BACKGROUND

In August 1997, the Planning Commission completed review of a conditional use permit originally granted to the Kol Shofar Synagogue in 1985. The use permit also authorizes appurtenant day school use at the site. The Planning Commission adopted Resolution No. 97-17 (attached as Exhibit 1) amending the original approval and imposing revised conditions of approval to reflect changes in circumstances since the 1985 approval. Condition No. 18 of Resolution No. 97-17 requires an annual review of the conditional use permit.

In July 1998, the Planning Commission held its first annual review of the revised use permit as approved by Resolution No. 97-17. The Planning Commission found that the use was in compliance with the conditions of the permit.

In August 1999, the Commission held its second annual review of the use permit and directed that Town Staff conduct future reviews of the use permit, bringing it back to the Planning Commission only when deemed necessary.

A staff review in August 2000 found that the use was being operated in conformance with the use permit. However, Staff noted that a future planned replacement of the Ring Mountain Day School with a new tenant would be the subject of scrutiny at future annual reviews. An accelerated annual review was scheduled based upon future potential concerns with the change in day school tenancy.

Courtesy notices of all annual conditional use permit reviews are mailed to property owners within 300 feet of the site; and to the surrounding homeowner associations of Bel Aire Estates, Tiburon Crest, Tiburon Hills, Ring Mountain-Blackfield Drive, Cypress Hollow, and Vista Tiburon.

ANALYSIS

Below is a listing of the conditions of approval from Resolution No. 97-17, and a brief staff discussion of compliance based upon the Kol Shofar’s updated letter, telephone conversations with Kol Shofar’s neighborhood liaison, Michael Liepman, and site visits:

1. The baseline characteristics of the synagogue and day school uses are set forth in the letter dated December 23, 1996 from Stan Deck to the Town of Tiburon, attached hereto as Exhibit A, and made a part of this resolution.

2. No membership cap is established for the synagogue use; however, the Town will continue to monitor and document growth of the membership with regard to adequacy of parking, traffic congestion, and neighborhood compatibility.

Discussion: Since June 1998, the membership of the Synagogue has grown from 522 to 609 member units, an overall increase of 87 member units (averaging 29 over the three-year period). This is slightly higher than the average of 21 units per year over the period 1984-1998. Since 1998, there has been an overall increase of 305 persons in the total membership, including an increase of 119 children, reflecting a broader community trend that Staff has witnessed in other religious institutions and in recreational facilities such as the Tiburon Peninsula Club. Staff has not been made aware of any neighborhood compatibility complaints or problems emanating from the use over the past 12 months.

3. The day school shall be limited to a maximum student enrollment of 100 children.

Discussion: The Ring Mountain Day School (RMDS) currently operates at the site with a maximum enrollment of 100 students; currently 70 pre-school age and 30 elementary-school age (K-4). For the 2001-2002 school year, a gradual transition to a new tenant, Jewish Community High School (JCHS), will begin, with the RMDS relocating its 30 elementary school children to a facility out of Tiburon, but retaining 70-80 pre-school children at the Kol Shofar site. Approximately 20 9^th and 10^th graders with the JCHS would make up the balance of the 100 children allowed under the use permit. See additional discussion below.

4. On High Holy Days, the synagogue shall provide split religious services. Those services shall be separated by not less than sixty (60) minutes between the end of the first service and the beginning of the second service.

Discussion: Split services have been held for several years running. A 60 minutes time gap was observed between services. A shuttle from Westminster Church (Tiburon Boulevard at Greenwood Cove Drive) is used on the busiest high holy days.

C. A notice informing members of safety measures to be observed regarding neighborhood traffic and pedestrians.

D. A statement encouraging courteous conduct toward neighbors in all matters relating to the use of the site.

The educational program outlined above should be implemented on an ongoing basis.

Discussion: Printed materials covering the above items have been distributed to all membership units. A copy of the material is included at the back of Exhibit 2).

6. Permittee shall create a database of its members to facilitate and encourage car-pooling. The information from this database shall be used to provide information to members about potential car pool partners, and will be targeted to members for whom car pooling may be a viable means of reaching the synagogue. Car pooling information shall be included in the educational program outlined above.

Discussion: There is no direct mention of a database for carpooling in the materials submitted. Carpooling (as well as the shuttle service) is encouraged in the High Holy Day literature distributed by the Synagogue.

7. Improved directional/informational signage relating to parking and site circulation on the property shall be installed. Within 30 days of final approval of this permit, permittee shall submit for review and approval by the Planning Director and Town Engineer such a signage plan. The approved signage plan shall be installed within 30 days of said staff approval.

Discussion: Additional signage was installed prior to the 1998 annual review. The existing signage is adequate. Red curbs were painted along the Kol Shofar frontage of Reedland Woods Way in response to neighborhood concerns.

8. Operational success of the current Sunday school drop-off location and circulation shall be reviewed pursuant to the review schedule set forth below. This review is especially critical if the approved but as yet unconstructed middle parking lot is completed.

9. A shuttle program shall be in place and implemented for the High Holy Days observance in 1997. Permittee shall develop a shuttle program for review and approval by the Planning Director. For the first year of High Holy Days following completion of the approved middle parking lot, the shuttle service need not be provided but activity shall be monitored and photographed by the permittee for use at the next annual review, when the possible continuing need for a shuttle program shall be considered.

Discussion: The referenced paving of the middle lot has never occurred and is neither approved nor proposed at this time. A shuttle program has been used for the past four years of High Holy Days. The shuttle service is required until such time as the middle parking lot is paved.

10. Parking lot lighting shall be on timers to turn off no later than 10:00 P.M. each day. The duration of the lighting may be extended via manual override device when occasions demand, but shall in no event be kept on beyond 11:00 P.M. on any occasion, except for Rosh Hashanah, Yom Kippur, Selichot, Shavuot, and the second night of Passover, at which times the parking lot lighting may remain on until no later than fifteen minutes after the last vehicle has exited the parking lots.

Discussion: Parking lot lights are on a timer that operates in accordance with the condition of approval. Staff has received no complaints regarding parking lot lighting within the past 36 months.

11. Permittee shall prepare an annual calendar of planned events, usually on or around July of each year. Said calendar shall be submitted to the Planning Director upon completion and shall be posted outside the synagogue in a manner such that it is available for review by the public. Any changes to the calendar shall be forwarded to the Planning Director and shall be posted as described above.

Discussion: The 2001-2002 calendar is usually compiled in August of each year. The 2000-2001 calendar is attached as part of Exhibit 2. A copy will be posted for public review inside the lobby of Kol Shofar and a copy of the calendar will be forwarded to the Planning Director.

Discussion: Synagogue representatives have been coordinating such events with the Tiburon Police Department for years, and this practice will be continued.

13. Exterior amplified sound is approved for the annual Sunday School closing ceremony only, at which time speakers shall be faced toward the facility and away from surrounding residential uses. Any other event at which exterior amplified sound is proposed must secure a Special Event Permit from the Town.

Discussion: There have been no complaints received by Planning Department Staff in the last 12 months regarding noise issues.

14. No specific limitations on outdoor activities after dark are imposed at this time. However, the Town shall review this provision during its periodically-scheduled reviews of the conditional use permit as set forth below.

Discussion: Staff has received no complaints regarding outdoor Synagogue activities after dark.

15. Permittee will advise and educate its tenant (the day school) concerning this use permit, with special emphasis on minimizing traffic, noise, lighting, courtesy to neighbors, and other issues addressed in the use permit conditions of approval.

Discussion: Staff has been in contact with the head of the day school, who indicates that the school has received a copy of the Resolution and is aware of its conditions.

16. Permittee shall designate a responsible and accessible person in a position of authority to act as the official contact person for surrounding neighborhoods, and to respond to communications, complaints, or perceived problems. The Town shall be notified of the name and phone number for this contact person, whose name and phone number shall be posted next to the annual calendar of events referenced above.

Discussion: Mr. Michael Liepman has been designated as the official contact person for the Congregation Kol Shofar. He works at the site and is regularly available. It is staff’s understanding that Mr. Liepman is leaving the employ of the synagogue and that a new neighborhood liaison will be appointed.

17. Any significant expansion or modification of the uses or operations allowed herein, as determined by the Town of Tiburon, shall require an amendment to this permit.

Discussion: Staff is not aware of any significant changes to the actual operations on the site within the past 12 months. A use permit for a temporary office trailer was approved by the Planning Commission in January 2001. The future change in day school tenant is the focus of the remainder of this report.

18. This permit shall be reviewed by the Planning Commission one year following final approval, and annually thereafter. A special review shall be conducted the first November following completion and use for the High Holy Days of the approved but as yet unconstructed middle parking lot.

Review of the permit shall be to ensure, among other things, compliance with conditions of approval and continued compatibility of the uses with surrounding residential development, including but not limited to traffic safety, parking, and traffic congestion issues. Permittee shall be responsible for all Town processing costs associated with the review. Permittee shall be responsible for submitting, at least 30 days prior to review date, a detailed narrative of the current use and operation of the synagogue and day school, and supporting documentation to demonstrate compliance with conditions of approval of this permit.

Discussion: The annual review has been accelerated in response to potential future concerns regarding the change in day school tenancy.

19. The Town of Tiburon reserves the right to amend or revoke this Conditional Use Permit for cause, in accordance with Zoning Ordinance regulations of the Town.

For some time now, Ring Mountain Day School (RMDS) has intended to find or build a new school for its use. A site near Tamalpais Junction was eventually selected. However, the process has been slow and clouded with uncertainties and delays. It now appears that RMDS will maintain a healthy presence (70-80 children) at the Kol Shofar site throughout the 2001-2002 school year. It is also possible that RMDS will return to the Kol Shofar site for the 2002-2003 school year. The situation with RMDS is fluid and not highly predictable at this time.

The Jewish Community High School (JCHS) is a brand new institution. Its situation is also very fluid and uncertainty exists with respect to future attendance, facilities, and locations. The JCHS will start very small, but has hopes of growing. It recognizes that the Kol Shofar facility is not suitable for its long-term goals, and is aggressively searching for a more suitable site in the San Francisco Bay Area. It is even possible that the JCHS will not return to the Kol Shofar site for the 2002-2003 school year. It is with these uncertainties that the conditional use permit comes up for review.

Staff has few concerns with the planned operation of the RMDS/JCHS day school combination for the 2001-2002 school year. None of the students are of driving age, and the number of 9^th and 10^th graders will be small (essentially one classroom’s worth of students). Close monitoring of student activities will occur because of the proximity to the preschool and the range of student ages involved.

However, Staff does have concerns regarding potential significant future expansion of the high school student population. These concerns involve the possible generation of impacts different than those generated by the RMDS due to the age and activity differences in high school students versus preschool through 4^th grade students. These potential impacts could be noise from activities, driving behavior, parking needs, etcetera. Traditional recreational facilities for high school students are not available at the Kol Shofar site, since all the playfields associated with the former Reedland Woods Middle School are now homes and yards in the adjacent subdivision.

As could be expected from a brand new institution, the estimates of projected JCHS attendance received by Staff have been inconsistent. Staff has seen projections ranging from 60 to 100 students after three (3) years of operation, assuming the use even remains at this site (see Exhibits 3, 4, 5 and 6). Initial interior remodeling plans have been greatly scaled back due to these uncertainties and the very small attendance for the first year.

The characteristics of very small private high schools are not readily comparable to typical high schools in Marin with which most people are generally familiar. For example, Redwood High School in Larkspur has 1,400 students and extensive outdoor recreation/sports field areas. Marin Academy, a private, 9^th-12^th grade high school in San Rafael, has 400 students. The Kol Shofar use permit allows no more than 100 students total on the site at one time.

Under the worst-case scenario of activity level, at some point in time the Commission may need to address the question of whether this site is suitable for 100 high school students. From the viewpoint of Staff, this scenario appears unlikely to occur, but would require more attention at the next use permit review when more definitive information regarding future attendance is available.

CONCLUSION

It appears to Staff that the Synagogue and day school uses are currently operating within the parameters of the conditional use permit, and will continue to do so for the 2001-2002 school year. Continuing uncertainty about tenants and enrollments beyond the 2001-2002 school year makes it very difficult at this time to gauge future operating conditions with respect to the conditional use permit.

RECOMMENDATION

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

That the Planning Commission schedules the next annual review. Staff suggests a review mid-way through the school year. In the interim, Town Staff should be kept apprised of any changes in plans or projections for future use of the site by the day schools.

EXHIBITS