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Attachments 20-21Vision That Moves Your Community Transportation Consultants MEMORANDUM Pleasanton 4305 Hacienda Drive Suite 550 Pleasanton, CA 94588 -8526 925.463.061 I 925.463.3690 fax Fresno S 16 W. Shaw Avenue Suite 200 Fresno, CA 93704 -2515 559.325.7530 559.221.4940 fax Sacramento 980 Ninth Street 16a, floor Sacramento, CA 95814 -2736 916.449.9095 San. Rosa 1400 N. Dutton Avenue Suite 21 Santa Rosa, CA 954014643 707.575.5800 707.575.5888 fax tjkm @tjkm.com www [jkon corn Date: October 6, 2013 To: Jessy Pu, P.E. Project No.: From: Vishnu Gandluru jurisdiction: Subject: Hillbrook School Driveway Counts — Fall 2013 a NOV T ? 2013 TOWN OF LOS GATOS PLANNING DIVISION 021 -094 T005 Los Gatos The purpose of this memorandum is to present a summary of Hillbrook School driveway counts conducted during Fall 2013. This private school is located at 300 Marchmont Drive in the Town of Los Gatos. AM and the PM peak hour counts were conducted on October 24, 2013. iod Vehicles In Vehicles Out 16 4 =TOTALS 75 47 37 50 7 7 135 108 PM Peak Period Vehicles In Vehicles Out 2:30 — 2:45 21 8 2:45 — 3:00 41 25 300-3-15 29 43 3:15 — 3:30 19 37 3:30 — 3:45 6 10 TOTALS 116 123 Please do not hesitate to contact us if you have further questions. ATTACHMENT 2 0 This Page Intentionally Left Blank LNI Vision That Moves Your Community RECEIVED Transportation HAF —,/ 114 Consultants MEMORANDUM TOVyN OF LOS PLANNING D VSIONs Pleasanton 4305 Hacienda Drive suim 550 Pleasanon. CA 94588 -8526 925.463.0611 925.463.3690 fax h esno 516 W. Shaw Avenue Suite 200 Fresno. CA 937042515 559.325.7530 559.221.494D fax sacvamento 980 Ninth sweet 16a FRwr Sacramann. CA 95814 -2736 91 "9.9095 San. Roo 140D N. Du ii Avemre Suite 21 Santa Rosa, CA 95401 -4643 7075753800 707.575.5888 fax ykm�[jkm.cam v.ww.tjkmx m Date: June 2, 2014 To: Jessy Pu, P.E. From: Subject: Project No.: Vishnu Gandluru jurisdiction: Project Lead Engineer Hillbrook School Driveway Counts — Spring 2014 021 -094 TO 14 Los Gatos The purpose of this memorandum is to present a summary of Hillbrook School driveway counts conducted during the spring of 2014. Hillbrook School (a private k -8 school) is located at 300 Marchmont Drive in the Town of Los Gatos. As per Conditional Use Permit (CUP) requirements for the school, AM and the PM peak period driveway counts were conducted on May 22, 2014, which is a regular school day session as per the School's calendar. AM Peak Period Vehicles In Vehicles Out 7:30 — 7:45 36 14 7:45 — 8:00 68 45 8:00 — 8:15 27 35 8:15 — 8:30 3 6 TOTAL 134 100 PM Peak Period Vehicles In Vehicles Out 2:30 — 2:45 13 6 2:45 — 3:00 22 17 3:00 — 3:15 33 28 3:15 — 3:30 18 42 3:30 — 3:45 9 17 TOTAL 95 110 Please do not hesitate to contact us if you have questions. This Page Intentionally Left Blank TJKM,I Transportation Consultants Pleasanton 4305 Hacienda D,.e Suite 550 Pleasanton. CA 94588 -8526 925.463.0611 925.463.3690 fix Fresno 516 W. Shaw Avenue Surce 200 Fresno, CA 93704 -2515 559.325.7530 559.221.4940 fax Sacramento 980 Ninth Street 16m Floor Samsn,nto, CA 958142736 916.449.9095 San. Rosa 1400 N. Dutton Avenue Suite 21 Sam Rosa. CA 95401-4643 707.575.5800 707.575.5888/ ax gkm@gknn tom www.tlkm.com Vision ThaL Moves Your Commumry MEMORANDUM Date: December 22, 2014 To: Jessy Pu, P.E. Project No.: From: Vishnu Gandluru Jurisdiction: Project Engineer Subject: Hillbrook School Driveway Counts— Fall 2014 RECEIVED _ JAN - 5 2015 TOWN OF LOS GATOS PLANNING DIVISION 021 -094 T016 Los Gatos The purpose of this memorandum is to present a summary of the driveway counts conducted at Hillbrook School in the Town of Los Gatos during the fall of 2014. Hillbrook School (a private k -8 school) is located at 300 Marchmont Drive in the Town of Los Gatos. As per the Conditional Use Permit (CUP) requirements for the school, driveway counts were conducted on December 9 ", 2014 during the AM and PM peak, which is a regular school day session as per the School's calendar. The table below summarize the driveway counts conducted by TJKM Transportation Consultants. AM Peak Period Vehicles In Vehicles Out 7:30 — 7:45 25 5 7:45 -8:00 55 36 8:00 — 8:15 25 18 8:15 -8:30 10 12 TOTAL lis 71 PM Peak Period Vehicles In Vehicles Out 2:30 — 2:45 14 5 2:45 -3:00 27 19 3:00 — 3:15 21 20 3:15 — 3:30 20 33 3:30 — 3:45 15 25 TOTAL 97 102 Please do not hesitate to contact us if you have questions. This Page Intentionally Left Blank Draft Resolution to be modified by Town Council deliberations and direction. RESOLUTION 2015- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEALS OF THE DECISION OF THE PLANNING COMMISSION AND APPROVING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED HR -1. CONDITIONAL USE PERMIT APPLICATION: U -12 -002 ENVIRONMENTAL IMPACT REPORT: EIR -13 -001 PROPERTY LOCATION: 300 MARCHMONT DRIVE (APNS: 532 -10 -001 AND 532 -11- 011) PROPERTY OWNER/APPLICANT /APPELLANT: HILLBROOK SCHOOL/MARK SILVER; APPELLANT: PATTI ELLIOT (AND OTHERS) WHEREAS, this matter came before the Town Council for public hearing on January 13, 2015, and was regularly noticed in conformance with State and Town law. WHEREAS, the appellants have filed appeals of the decision of the Planning Commission approving a request to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned HR -1. WHEREAS, on September 24, September 30, and October 6, 2014, the Planning Commission held public hearings and considered a request to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned HR -1. The Planning Commission certified the Final Environmental Impact Report (EIR) and approved the request with conditions. WHEREAS, Town Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for ATTACHMENT 2 1 their meeting on January 13, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds that the Planning Commission did not err in its decision in that the issues raised in the appeals were evaluated; potential project impacts were adequately addressed in the EIR and during the public hearing process; and conditions placed on the project are reasonably related to the increase in student enrollment. NOW, THEREFORE, BE IT RESOLVED: 1. The appeals of the decision of the Planning Commission approving a request to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned HR -1 are denied. 2. The Final EIR is certified as complete and compliant with the California Environmental Quality Act. More specifically, the Town Council finds that (1) the Final EIR has been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines; (2) the Final EIR was presented to the Town Council, which has reviewed and considered the information contained therein; and (3) the Final EIR reflects the independent judgment and analysis of the Town. 3. The decision of the Planning Commission is upheld and the Conditions of Approval attached hereto as Exhibit A and are hereby adopted as the Conditions of Approval for this permit. 4. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by other state or federal laws. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 13`" day of January, 2015, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ DEVT ESOS 2015', Murcivnont3OO _DcnyAl,peilUplio]dPCDe ision.d(cx This Page Intentionally Left Blank CONDITIONS OF APPROVAL — October 6, 2014 300 Marchmont Drive Conditional Use Permit U -12 -002 Environmental Impact Report EIR -13 -001 Requesting approval to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school (Hillbrook School) on property zoned 1111-1. It has been determined that this matter may have a significant impact on the environment and an Environmental Impact Report (EIR) has been prepared as required by the California Environmental Quality Act (CEQA). APNs 532 -10 -001 and 532 -11 -011. PROPERTY OWNER/APPLICANT: Hillbrook School/Mark Silver TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. Any changes or modifications shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The Master Plan approved May 7, 2001 (Resolution 2011 -048) is vested. The Conditional Use Permit modification will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. Operation of the school is considered vesting. 3. USE AND HOURS OF OPERATION: The approved use is a junior kindergarten (JK) through eighth grade (8`h) private school, including activities associated with operations of a JK through 8th private school listed in the table below and subject to the limitations contained within these conditions of annroval. Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year Week School Instruction to children in 7 :30 a.m. to Monday Mid - August to Instruction junior kindergarten through 6:00 p.m. dough Mid -June grade eight Friday Programs including but not limited to dance, Lego After class, Monday After School engineering, woodworking, up to through Mid - August to Activities Spanish, and drama for 6:00 p.m. Friday Mid -June enrolled Hillbrook students. EXHIBIT A ofAttachment Z'1 1 Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year Week Mid - August to After School Any sports, competitive or Mid -June. Sports and not, and other competitions After class, Monday Maximum five Other with at least one up to 6:00 through times per week. Competitions participating team from p.m. Friday No more than Hillbrook three outdoor events. After School Childcare for students After class, Monday Mid - August to Care enrolled at Hillbrook up to 6:00 through Mid -June School p.m. Friday Board of Trustees meetings, Hillbrook Monday Daytime School Parent Council 7:30 a.m. to through Year -round events meetings, speakers for 6:00 p.m. Friday Hillbrook parents, speakers for Hillbrook faculty Including but not limited to back to School Nights, Hillbrook parent education 6:00 p.m. to Evening/ programs, Hillbrook 9:00 P.M. Monday Nighttime School Parent Council (vehicles off through Mid - August to Events meetings, winter holiday campus by Friday Mid -June concert, Family Fun Night. 9:30 p.m.) Maximum of ten per calendar year. 7:30 a.m. to Open House One weekend Open House 9:00 p.m. (vehicles off Saturday and October per calendar year. campus by Sunday 9:30 p.m.) A tournament is a series of 7:30 a.m. to Volleyball and contests /matches /games 9:00 P.M. Three Saturdays Basketball between two or more (vehicles off Saturday per Academic Tournaments schools/teams one of which campus by Year must be Hillbrook School. 9:30 p.m.) Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year Week 8:00 a.m. to Monday 5:00 P.M. through Including but not limited to Friday gardening and janitorial Grounds and services. These activities Saturday and facilities do not count against the Sunday, Year Round maintenance maximum ten per calendar except that year for evening/nighttime 9:00 a.m. to no outdoor events. 4:00 p.m. grounds maintenance on the weekends. 7:30 a.m. to Hillbrook 9:00 P.M. faculty /administrator work, (vehicles off Academic Year Hillbrook including Hillbrook campus by Monday Faculty/ faculty /administrator 9:30 p.m.) through Administrator Weekday meetings is permitted after Friday 7:30 a.m. to Work hours during the weekdays, 6:00 p.m. but must conclude by 9 :00 (vehicles off Summer p.m. campus by 6:30 p.m.) Hillbrook Weekend work for 7 :30 a.m. to Faculty/ Hillbrook faculty and 6:00 p.m. Administrator Hillbrook administrators. (vehicles off Saturday and Academic Year Weekend No classes instruction campus by Sunday Only Work meetings, conferences or 6:30 p.m.) other group activities. Hillbrook -run programs including but not limited to Summer soccer camp, Camp Acorn, 7 :30 a.m. to Monday Mid -June to Program drama camp, Spanish 6:00 p.m. through Mid- August immersion camp, and Friday Breakthrough Silicon Valley. 3 Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year 348 2016/2017 Up to 33 WL Week 2017/2018 7:30 a.m. to 414 9:00 P.M. (vehicles off Academic Year campus by Professional Development Training for Hillbrook parents and Hillbrook faculty only. 9:30 m. p ) Monday through Friday 7:30 a.m. to 6:00 p.m. (vehicles off Summer campus by 6:30 p.m.) 4. NUMBER OF STUDENTS: The maximum number of yearly enrolled Hillbrook students shall be limited to 315 plus enrollment increases beginning Academic Year 2015/2016 and shown in the table below, provided Hillbrook School meets the maximum daily count of 880 trips based on monthly monitoring and compliance for the first year, every two months for the second year, and every three months thereafter: Enrollment Increases Academic Year Maximum Enrollment Increase Maximum Enrollment 2015/2016 Up to 33 348 2016/2017 Up to 33 381 2017/2018 Up to 33 414 Note: Any enrollment increase not taken in a given year may be carried forward to the following Academic Year. The maximum number of students includes all concurrent programs conducted at the same rime. 5. NUMBER OF EMPLOYEES: Maximum number of employees /teachers /interns /student teachers /contract workers shall not exceed 80. If parking is required to accommodate guests, visitors, or events, staff shall be limited to a number that can be accommodated based on Town Code parking requirements. Of this number, the afterschool maximum number of employees on site during activities in the gymnasium which draws an audience shall not exceed. 6. DELIVERY HOURS: Deliveries shall only occur between 7:00 a.m. and 5:30 p.m., Monday through Friday. 7. THIRD PARTY USE /RENTAL/LEASE: Any third party use, rental, and/or lease of the campus is prohibited. It is not a third party use if the entity is under contractual agreement with Hillbrook School and payments for participation in the activity are paid directly to 4 Hillbrook School. 8. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: The total number of vehicles entering and exiting the campus shall not exceed 880 vehicles pursuant to the following: a. Evaluation shall include all days except for days when no school or activities are held. b. Exception: The school may select 10 days per year to remove from the maximum calculation in recognition of evening/nighttime events, which are not representative of typical daily operations, consistent with this Conditional Use Permit. 9. MAXIMUM DAILY TRIPS MONITORING: At the applicant's expense, the maximum daily trips will be monitored in the following manner: a. An electronic, underground counter shall be installed that transmits vehicle counts to a third party. b. The third party shall send the data to the Town every month for the first year, every two months for the second year, and every three months thereafter. c. The Town's traffic consultant shall review the trip count data to determine compliance with the Maximum Number of Daily Vehicle Trips. d. The Town shall invoice the applicant to pay for the traffic consultant's work. e. This monitoring is required for the duration this Conditional Use Permit is in effect. 10. NEIGHBORHOOD COORDINATION: The applicant shall communicate and coordinate with neighborhood in the following ways: a. A neighborhood newsletter shall be provided by mail, email, and/or on a publicly accessible area of the Hillbrook School website. b. A schedule of events shall be provided to the neighborhood, by posting on the Hillbrook website accessible to the public, at the beginning of every school year. The applicant shall mail the schedule of events to the neighbors at the beginning of the school year. c. The applicant shall conduct a quarterly neighborhood meeting facilitated by an outside consultant experienced in facilitation of groups with competing interests and viewpoints. The purpose of the meeting is to engage the surrounding neighborhood in discussion related to the operation of the school site and any concerns the area residents may have. Notification of the neighborhood meeting shall include notices mailed to owners and occupants on upper and lower Marchmont Drive, its adjacent courts, Hilow Road, Stonybrook Road, Englewood Avenue, Robin Way, Cardinal Lane, Topping Way, Ann Arbor Drive, and Wollin Way. A list of attendees with addresses shall be kept by the facilitator and a written report of discussion points shall be provided to the school and to interested neighbors, and posted on the school website. Items for discussion shall be accepted electronically up to 72 hours prior to a meeting. d. Any resident wishing to receive notifications by mail and/or email can submit a written request to the Hillbrook School Traffic Coordinator. 11. NEIGHBORHOOD COMMITTEE: The applicant shall establish a Neighborhood Committee comprised of two Hillbrook School Trustees, the Head of School, the Traffic Coordinator, and four representatives from the neighborhood. The Neighborhood Committee shall meet monthly for the first 24 months to discuss issues of concern. The meeting minutes will be posted for the public or the Town's review on the Hillbrook School website. The committee shall agree to a revised meeting schedule after the first 24 5 months. 12. TRANSPORTATION DEMAND MANAGEMENT PLAN: The applicant shall implement all measures in the Transportation Demand Management Plan (attached as Exhibit A) prepared by Nelson/Nygaard and dated September 14, 2012. Any revisions to the plan shall require review and approval by the Director of Community Development and the Town Engineer. 13. PARKING: All parking shall be accommodated onsite. Parking at and shuttling from Calvary Church is permitted provided Calvary Church's Conditional Use Permit continues to allow it. 14. PICK -UP AND DROP -OFF AREA: The pick -up and drop -off area must be maintained with five (5) lanes. 15. GYMNASIUM DOORS AND WINDOWS: The loading doors on the Ann Arbor side shall be closed at all times whenever activities are being held inside the gymnasium. The other doors and windows in the gymnasium shall be allowed to remain open during activities. 16. EMERGENCY ACCESS ROAD: The emergency access road to Ann Arbor Drive shall not be opened up at any time to public or school use. The road may be used for construction access only if it is part of approved construction plans for an Architecture and Site application. 17. MUSIC: Music from live bands shall not be amplified. One amplified DJ event is permitted per year. 18. NOISE BARRIER: If desired by the homeowners of 183 and 185 Longmeadow Drive, in order to reduce excess noise from playground activity at the school, a six -foot high acoustically - effective barrier shall be constructed along the property line contiguous with 183 and 185 Longmeadow Drive. The barrier height is in reference to the nearest playground ground elevation. The applicant shall submit building permits for the noise barrier. 19. SQUARE FOOTAGE: The maximum structural square footage is 55,715 square feet as approved by the Master Plan on May 7, 2001 (Resolution 2011 -048). The existing campus is currently 52,683 square feet and an additional 3,032 square feet is permitted in the library and cafeteria/art classrooms with an approved Architecture and Site application. 20. BUILDING FOOTPRINTS: The footprints of the future buildings may be required to be modified during the Architecture and Site approval process to reduce tree impacts. 21. NONCOMPLIANCE PROCESS: If Hillbrook violates any of the conditions of approval, staff shall enforce the Conditional Use Permit pursuant to the Town Code, or a new compliance process established by Town Council, whichever is more restrictive. 22. PENALTIES FOR EXCEEDANCES OF THE MAXIMUM DAILY TRIP CAP: a. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that the number of trips exceeds the maximum daily trip cap, the applicant shall pay a penalty of $1,000.00 per excess trip. b. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that the number of trips exceeds the maximum daily trip cap for a second consecutive monitoring period, the applicant shall pay a penalty of $5,000.00 per excess trip. c. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that the number of trips exceeds the maximum daily trip cap for a third consecutive monitoring period, the applicant shall pay a penalty of $10,000.00 per excess trip and 23. 24. the following Academic Year's maximum enrollment increase shall be reduced by 10 students. d. Penalty money shall be paid to the Town and used toward neighborhood traffic /pedestrian improvements as determined by the Town's Community Development Director and Town Engineer in coordination with the Neighborhood Committee. ONE -YEAR REVIEW: Staff shall review the use for compliance with the Conditional Use Permit one year from the date of approval. Staff shall determine if there are any issues with the use and present their findings to the Planning Commission at a public hearing. The Planning Commission may choose to require subsequent one -year reviews. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. N: \DEV \CONDITNS\2014\Marchmont300 10.6.2014 PC.docx 7 This Page Intentionally Left Blank