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Attachment 25 - Part 1Jennifer Savage From: Angela Agah <angela4spa @yahoo.com> Sent: Monday, October 06, 2014 11:51 AM To: Jennifer Savage Subject: Re: letter in support of Hillbrook Thank you Jennifer. I think it might be important to mention that all of the increased busing efforts currently being implemented does have a financial impact on the school. I am not on the board nor do I work for the school. But, since buses are not currently required of the current CUP and if the revised CUP does not pass then I wonder how the school would be able to sustain such an robust busing system. Bringing in additional students I believe would allow fiscally for the bus system to continue and perhaps expand. Only a thought. Angela On Oct 6, 2014, at 11:40 AM, Jennifer Savage wrote: > Thank you, Angela. We will forward these comments to the Planning Commission. > Sincerely, • Jennifer L. Savage, AICP • Senior Planner • Town of Los Gatos Community Development Department • phone: 408.399.5702 • website: www.losgatosca.gov / plannine > Public Counter Hours: Monday through Friday, 8:00 am to 1:00 pm. • Please note the upcoming Town closures: • Thursday, November 27th and Friday, November 28th - Thanksgiving Holiday • - - - -- Original Message - - - -- • From: Angela Agah [mailto:angela4spa @ vahoo.com] • Sent: Friday, October 03, 2014 12:33 PM • To: Jennifer Savage • Subject: Re: letter in support of Hillbrook > Thank you Jennifer. I also appreciate all of your hard -work, integrity and honesty throughout this entire process. I know it has not been easy. However, I think the planning staff has made the right recommendation regarding this CUP. Please try and stress to the planning commission that Hillbrook is a Los Gatos school and deserves to be here and educate students like any other school in Los Gatos. It's growth has a minimal at large community impact. No neighborhood should have an exception to "no traffic" on their street with the explanation of "quality of life" I live in Los Gatos and there is traffic on my street because I live adjacent to a private club (Rinconada Country Club). Hillbrook is the ONLY school trying to mediate traffic and the planning commission needs to recognize their increased efforts. We all know that Marchmont, Topping, Hillow is not the through -fare that the neighbors are making it out to be because of Hillbrook. Please help them to see this and not place all traffic issues on a 79 year old Los Gatos institution. `ATTACHMENT 2 5 • Regards, • Angela > On Oct 3, 2014, at 12:18 PM, Jennifer Savage wrote: >> Thank you for your comments. They will be provided to the Planning Commission. >> Sincerely, >> Jennifer L. Savage, AICP >> Senior Planner >> Town of Los Gatos Community Development Department >> phone: 408.399.5702 >> website: www.losgatosca.gov /planning >> Public Counter Hours: Monday through Friday, 8:00 am to 1:00 pm. >> Please note the upcoming Town closures: >> Thursday, November 27th and Friday, November 28th - Thanksgiving Holiday >> - - - -- Original Message - - - -- » From: Angela Agah [mailto:angela4spa @vahoo.com] >> Sent: Friday, October 03, 2014 10:57 AM >> To: Jennifer Savage >> Subject: letter in support of Hillbrook >> Please find my letter attached. 2 RECEIVED OCT 0 6 2014. toP^ PETITION AGAINST INCREASED ENROLLMEN WO&NAGER TRAFFIC FROM HILLBROOK SCHOOL We, the undersigned residents of Los Gatos, object in the strongest possible terns to Hillbrook School's request to increase its enrollment by 99 students (an almost 32% increase). We urge the Town to deny Hillbrook's application to modify its Conditional Use Permit to expand its student body and to deny any expansion in Hillbrook's summer programming. Hillbrook's traffic impact is already dangerously high and must be reduced. Neighborhood children walking, biking, and skateboarding to and from their local schools and residents running, biking, or walking already face significant physical danger from Hillbrook traffic. Higher levels of air and noise pollution from mostly non - resident vehicles also reduce quality of life in the neighborhood. We urge the Town to take steps to require Hillbrook to decrease both the number of vehicles and the span of time each day our neighborhoods are impacted. Hillbrook's traffic impact has increased in recent years to unacceptable levels and must be reduced for the safety of our children and the health and safety of all the Town's residents. We strongly urge the Town to reject Hillbrook's expansion plan. Page 1 of 1 y r ts- CSI �Qrin c 1I2- F::aC1 a1u I Dr, Page 1 of 1 Jennifer Savage From: Joe Sordi <joesordi @yahoo.com> Sent: Thursday, December 04, 2014 2:14 PM To: Jennifer Savage Subject: Removal of Signatures Jennifer, Please remove my signature and that of my wife Sheila from the LG CATS appeal of the recent PC decision on the Hillbrook School application. After reading the supporting material recently submitted, my wife and I no longer support the appeal. Regards, Joe Sordi NEIGHBOR APPELLANTS' Proposed Conditions of Approval CONDITIONS OF APPROVAL- October 6, 2014 300 Marchmont Drive Conditional Use Permit U -12 -002 Environmental Impact Report EIR -13 -001 December -17, 2014 Requesting approval to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school (Millbrook School) on property zoned HR -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 (8th) 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 approval. Style Definition: Heading 1: Font: Not Bold, Font color: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at I + ANnment: Left + Aligned at 0.25' + Indent at: 0.5' Hillbrook's Permitted Activities Activity Type Description Hours Daysofthe Time of Year Week School Instruction to children in 7,30 a.m. to Monday Mid - August to Instruction Junior kindergarten ft093:15p.m. through Mid -June through grade eight Friday RECEIVED DEC 08 2014 TOWN OF LOS GATOS PLANNING DIVISION NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 47, 2014 kfieF n,.N�tcvx- S81.'.hool pregnifas i eluding but net limited to dme&, Lego .-_I�. L... RC�..:..1. A F.._ .QP- p,l....do.._ '^�- °R+�r1.,'..�'�J TT�0 .. ....A.. imv-v,vmm- IVr-cmvnc� Aillbreek students.. Mid - August to Any sports, competitive Mid -June. After School or not, and other After class, up Monday Maximumf:s� Sports and competitions with at least to 6:00 p.m. through timestbree days Other „,.. CoMlpetit�Qo's ' one participating team Friday per week. No from Hillbrook more than three - two days Per week with outdoor events. After School Childcare for After class, up Monday Mid-August to Care students enrolled at to 6:00 p.m. through Mid -June Hillbrook School Friday Board of Trustees Mid - August to meetings, Hillbrook Monday Mid- JuneYew Daytime School Parent 7:30 a.m. to through feend events Council meetings, 6:00 p.m. Friday speakers for q:00 a.m. to 3:00 Summer 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 Mid - August to Nighttime School Parent Council (vehicles off through Mid -June Events meetings, winter holiday campus by Friday ("Special concert, Family Fun 9:30 p.m.) Event Night. Maximum of ten Days") per salemhw- yeasAcademic Year. Any activity extending beyond 6:00 PM shall be considered a nighttime activity. 2. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 4-7, 2014 3. 7:30a.m. to Open House One weekend Open 39:00p.m. (vehicles off Saturday and October House per calendar campus by Sandey year. 39:30p.m.) A tournament is a series of 7:30 a.m. to Volleyball and contestsimatchesigames 93:00 p.m. Saturday Two Basketball between two or more (vehicles off Saturdays per Tournaments schools/teams one of campus by 3:30 Academic Year which must be Hillbrook p.m.l School. 8:00 a.m. to Monday 5:00 P.M. through Including but not limited Friday to gardening and janitorial Grounds and services. These - aeIkit es Saturday -aa4 facilities do net count against the Sunday, Year Round maintenance maximurn ton pef ealendin, except that yeaf ` - evenin &fight"_,. 9:00 a.m. to no outdoor events: 4:00 p.m. grounds maintenance on the weekends. 7:30 a.m. to Hillbrook 96:00 p.m. faculty /administrator (vehicles off Academic Year work, including Hillbrook campus by Monday faculty /administrator through Faculty/ meetings, i , --fie- Ty°— %,.� Friday y Administrator Weekda Y b°°_ darting the L.... 7:30 a.m. to Work weekdays, must "°°�'�� 36:00 p.m. "newd-�r`'" �:�-P� (vehicles off Summer campus by 36:30p.m.) Hillbrook Weekend work for ?-,79:00 a.m. to Faculty/ Hillbrook faculty and 36 *00p.m. Administrator H Ill (vehicles off Saturday and Academic Year Weekend administrators. No campus by Sunday Only classes, instruction, Work gsconferences or meetings, 6:30p.m.) other group activities. 3. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 47, 2014 4. NUMBER OF STUDENTS: a. time in Hillbrook's Academic Year program, JK -8. The "Academic Year" is defined as running from Mid - August to Mid -June. Hillbrook shall provide an Affidavit to the Town from each homeroom teacher for all grades JK -8 in the form of Attachment A each year, on or before September 1. All students enrolled during the Academic Year shall be accounted for in the Affidavits required in this condition If any students are added to any classroom after the September Affidavit is signed such that the total number of students is increased the homeroom teacher is required to submit a Supplemental Affidavit in the form of Attachment A, within five week days after the increase. plus erifellment illffeases beginning Aeadiarflie VeaF 2015/2016 and shown in the table below, . idea 11011irfeele S& eel m s the al , daily ms�tNq f4 the sasend year, and every three menths thefeaf4efi 4. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment Left + Aligned at: 0.54" + Indent at: - 03T Formatted: Font: 12 or Formatted: Font: 12 of Formatbed: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Stan at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at 0.79" Hillbrook -run programs for Hillbrook enrolled no more than six students including but not contiguous weeks Summer Monday Mid -June to between the end Program limited to soccer camp, through Mid - August Camp Acorn, drama camp, of one school Friday year and the and Spanish immersion cam^, ^-a�,ra Bfeffk -n, r_� beginning of the next. from &}iee: }Valley. -78:30 a.m. to - - - 61 :00 p.m. - - - 7:30 a.m. to 69:00 P.M. (vehicles off Academic Year campus by Training for 69:30p.m.) Monday Professional Hillbrook parents and through Development Hillbrook faculty Friday only. 7:30 a.m. to 61:00P.m. (vehicles off Summer campus by 16:30p.m J 4. NUMBER OF STUDENTS: a. time in Hillbrook's Academic Year program, JK -8. The "Academic Year" is defined as running from Mid - August to Mid -June. Hillbrook shall provide an Affidavit to the Town from each homeroom teacher for all grades JK -8 in the form of Attachment A each year, on or before September 1. All students enrolled during the Academic Year shall be accounted for in the Affidavits required in this condition If any students are added to any classroom after the September Affidavit is signed such that the total number of students is increased the homeroom teacher is required to submit a Supplemental Affidavit in the form of Attachment A, within five week days after the increase. plus erifellment illffeases beginning Aeadiarflie VeaF 2015/2016 and shown in the table below, . idea 11011irfeele S& eel m s the al , daily ms�tNq f4 the sasend year, and every three menths thefeaf4efi 4. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment Left + Aligned at: 0.54" + Indent at: - 03T Formatted: Font: 12 or Formatted: Font: 12 of Formatbed: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Stan at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at 0.79" NEIGHBOR APPELLANTS' Proposed Conditions of Approval December -17 2014 limited to 100 JK to 8th grade Hillbrook students. Documentation listing the number of students enrolled at Hillbrook School in the summer session shall be supplied to the Town at least two weeks before the beginning of the summer session. FnFeRment4neFeeses 4 ,demie -4'eeF A4s3Eimnm A4ascimum fsnFeRment- EnF91Iment 2015,L2016 Up-te 33 348 em�Tnni!7 38i 13p to 33 2417A20io 3 444 the pFo NUMBER OF EMPLOYEES: Maximum number of emp loyees/teachers /intemsistudent 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 aftersehool maximum number of employees on site during activities in the gymnasium which draws an audience shall not exceed v. 6. DELIVERY HOURS: Deliveries and garbage nick -up 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, except that Hillbrook School may provide educational oroarams for its Academic Year enrolled students or Academic Year staff by contracting with a third -party instructor to provide services for the programs and by providing that all enrollment in any such _program is counted in Hillbrook's enrollment can (Condition #4) and anv fees for participation in such programs are paid directly to Hillbrook School 8. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: Academic Year: The 3. NEIGHBOR APPELLANTS' Proposed Conditions of Approval - December 4-7, 2014 total number of d a i I v vehicles trios entering and exiting the campus at both the Marchmont Gate and the Ann Arbor Gate combined shall not exceed 880 781. °'-' °' °^ - -^ • °° ° •'•^ ` ^ " ^^ � ^ ^: Hillbrook shall limit its daily vehicle trips at the Marcbmont Gate to no more than 481, including both entering and exiting trips Hillbrook shall limit its daily vehicle trips at the Ann Arbor Gate to 300, including both entering and exiting trips. a. Evaluation shall inelude all days exeept feF days when Be seheal a ativitie.are be'a. b. Exception- "SDecial Event Days ": The school may select up to 10 days per A c a d e to i c- Y e a r year to -- ^^°•^• ° `Fs-n the. maxi °°-°exceed the maximum, in recognition of evening/nighttime events, which are not representative of typical daily operations, but which are Permitted Activities consistent with this Conditional Use Permit (`Special Event Days"). On those up to 10 Special Event 9. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: Summer leaving the Hillbrook campus at the Marchmont Drive Gate shall not exceed 160 The summer session if any, shall occur over no more than six contiguous weeks between the end of one school Year and the beginning of the next Summer session activities may occur only on Monday through Friday from 8730 A.M. to 1:00 P.M. Drop -off and pickup shall each be limited to a one -hour periods of &00 A.M.-9:00 A.M. and 1230 p m -1.30 P.M. 104. MAXIMUM DAILY TRIPS MONITORING- Both Marchmont Drive Gate and Ann Arbor Drive Gate: 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 both entering and exiting Hillbrook at both the Marchmont Drive Gate and the Ann Arbor Drive Gate to a third party. b. The third party vendor shall collect post and preserve the daily counts at both the Neighborhood Committee 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. f One week during the fall semester, one week during the spring semester and one week during the Summer, without prior notice to Hillbrook, the Town will 6. Formatted: Font: Not Bold - -- f Formatted: Indent: Left: 0.58" NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 47 2014 4011. NEIGHBORHOOD COORDINATION: The applicant shall communicate and coordinate with the 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, including dates and times, 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 (paid for by Applicant) 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. 4412. 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, chosen by neighbors. 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 months. 132. 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 7. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 4-7,2014 approval by the Director of Community Development and the Town Engineer. 143. 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. 154. PICK -UP AND DROP -OFF AREA: The pick -up and drop -off area for all students, staff and deliveries must be maintained with five (5) lanes within the Hillbrook gate. There shall be no Hillbrook - related narking on upper or lower Marchmont Drive, its adjacent courts, Hilow Road, Stonevbrook Road. Englewood -" Avenue, Robin Way, Cardinal Lane, Tooning Way, Ann Arbor Drive or Wollin Way. There shall be no nicking up or dropping off of students or staff on the above -named streets at any time. 163. 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. 176. € EPIG .nnacc oven TMe e e feed to n.._ n_L,.. ).,.e 9ke1 ♦ be a ned " y-t o- to-rLI :6 -ors A A 5� —TI FOad may be used f�f eamstnistion aeeess only if it is pail of approved GORAFHWOH 2 .- 18_9 fee an AFshitaptiffe and Site applies♦:..," 18 ;. MUSIGSOUND AMPLIFICATION: Music from live bands shall not be amplified. One amplified PJ event is permitted per year in connection with the Graduation Ceremony. 4-8-. NPISr RARRIFn If de..:_ed L. the 118HRe..,,..ON Of fez e.a 1ee 1e_gaReeae„ a. ee exeess no se fmm play g .,,d � Lee] a six that high a eey. effeeti.,. Leff:e. shall be e ted ere« the PFOPOA)' lift eefitigUOUS With 183 and '86 ..edew n.:. a Re baff iff height is n _efe_enee to the ___- Fairmattad: Indent; Hanging: 0.35 ", Right 0.06 ", Space Before: 0.75 pt, Tab stops: 0.44 ", Left 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 8. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 4-7 2014 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, per day. b For any violation of Condition #14 the applicant shall pay a penalty of $1 000 per incident per day. bc. 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, per day. do. 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, per day and the following Academic Year's maximum enrollment 4nerease —shall be reduced by 10 students. ed. 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. 23. PENALTIES FOR NON - TRIP -CAP VIOLATIONS: In the event that Hillbrook -- - --- j Formatted: indent: Left: 0.07" exceeds its enrollment limit for the school Year or the summer session. Hillbrook shall pay a $58,000 penalty or twice the cost of tuition for that school Year, whichever is greater, to the Town of Los Gatos for each extra student or child. Formatted: Font color: Black Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.32" + Indent at: 0.57" Formatted: Font: Font color: Cusmm Color(RGB(77,77,77)), Charactl Scale: 104% Formatted: Font mlor: Black 243. 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. 254. 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 9. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December +71 2014 such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 10. NEIGHBOR APPELLANTS' Proposed Conditions of Approval CONDITIONS OF APPROVAL - October 6, 2014 300 Marchmont Drive Conditional Use Permit U -12 -002 Environmental Impact Report EIR -13 -001 December 7, 2014 RECEIVED DEC 0 8 2014 TOWN OF LOS GATOS PLANNING DIVISION 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 HR -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 (8th) 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 approval. Hillbrook's Permitted Activities Activity Type Description Hours Daysof the Time of Year Week Instruction to children in Monday School junior kindergarten 7:30 a.m. to through Mid - August to Instruction through grade eight 3:15p.m. Friday Mid -June 1. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 Hillbrook's Permitted Activities Activity Type '' Description Hours Days of the Time of Year 614 1 Week Mid- August to After School Any sports, competitive or Mid -June. not, and other After class, up Monday Maximum Sports and competitions with at least to 6:00 p.m. through three days per Other Competitions one participating team Friday week. No more from Hillbrook than two days per week with outdoor events. After School Childcare for After class, up Monday Mid- August to Care students enrolled at to 6:00 p.m. through Mid -June Hillbrook School Friday Board of Trustees Mid- August to meetings, Hillbrook Monday Mid -June Daytime School Parent 7:30 a.m. to through Events Council meetings, 6:00 p.m. Friday speakers for 9:00 a.m. to 3:00 Summer Hillbrook parents, speakers for Hillbrook p.m. 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 Mid - August to Nighttime School Parent Council (vehicles off through Mid -June Events meetings, winter holiday campus by Friday ( "Special concert, Family Fun Night. 9:30 p.m.) Event Days ") Maximum of ten per Academic Year. Any activity extending beyond 6:00 PM shall be considered a nighttime activity. 2. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year Week 7:30 a.m. to One weekend Open House 3:00 p.m. Open House (vehicles off per calendar year. campus by Saturday October 3:30 p.m.) A tournament is a series of 7:30 a.m. to Volleyball and contests/matches/games 3:00 p.m. Saturday Two Saturdays Basketball between two or more (vehicles off per Academic Tournaments schools/teams one of campus by Year which must be Hillbrook 3:30 p.m.) School. 8:00 a.m. to Monday through 5:00 p.m. Friday Grounds and Including but not limited to Facilities gardening and janitorial Year Round Maintenance services. Saturday, except that no outdoor 9:00 a.m. to grounds 4:00 p.m. maintenance on the weekends. 7:30 a.m. to 6:00 p.m. Hillbrook (vehicles off faculty /administrator campus b Y Academic Year Hillbrook work, including Hillbrook 6:30 p.m. Monday Faculty/ faculty /administrator through g Administrator meetings. g • 7:30 a.m. to Friday Weekday Work 3:00 p.m. (vehicles off Summer campus by 3:30p.m.) 3. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 Hillbrook's Permitted Activities Activity Type Description Hours Days of the Time of Year Week Weekend work for Hillbrook Hillbrook faculty and 9:00 a.m. to Faculty/ Hillbrook 3:OOp.m. Administrator administrators. No (vehicles off Saturday and Academic Year Weekend Work classes, instruction, campus by Sunday Only meetings, conferences 3:30p.m.) or other group activities. No more than Summer Hillbrook -run programs for six contiguous Program Hillbrook enrolled weeks between students, including ut not g the end of one limited to soccer camp, school year and Monday Camp Acorn, drama the beginning through Mid -June to camp, and Spanish of the next, Friday Mid - August immersion camp. from 8:30 a.m. to 1:00 P.M. 7:30 a.m. to 6:00 p.m. (vehicles off Academic Year campus by Professional Training for 6:30 p.m.) Monday Hillbrook parents and through Development Hillbrook faculty Friday only. 7:30 a.m. to 1:00 P.M. (vehicles off Summer campus by 1:30 p.m.) 4. NUMBER OF STUDENTS: a. ACADEMIC YEAR ENROLLMENT: The Academic Year Enrollment shall be 4. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 limited to 315 Students. "Student" means: a child enrolled at any time in Hillbrook's Academic Year program, JK -8. The "Academic Year" is defined as running from Mid - August to Mid -June. Hillbrook shall provide an Affidavit to the Town from each homeroom teacher for all grades JK -8 in the form of Attachment A, each year, on or before September 1. All students enrolled during the Academic Year shall be accounted for in the Affidavits required in this condition. If any students are added to any classroom after the September Affidavit is signed such that the total number of students is increased, the homeroom teacher is required to submit a Supplemental Affidavit in the form of Attachment A, within five week days after the increase. b. SUMMER ENROLLMENT: The summer- session total enrollment shall be limited to 100 JK to 8a' grade Hillbrook students. Documentation listing the number of students enrolled at Hillbrook School in the summer session shall be supplied to the Town at least two weeks before the beginning of the summer session. 5. NUMBER OF EMPLOYEES: Maximum number of employees /teachers /intems /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 and garbage pick -up 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, except that Hillbrook School may provide educational programs for its Academic Year enrolled students or Academic Year staff by contracting with a third -party instructor to provide services for the programs and by providing that all enrollment in any such program is counted in Hilibrook's enrollment cap (Condition #4) and any fees for participation in such programs are paid directly to Hillbrook School. 8. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: Academic Year: The total number of d a i 1 y vehicle trips entering and exiting the campus at both the Marchmont Gate and the Ann Arbor Gate combined shall not exceed 781. Hillbrook shall limit its daily vehicle trips at the Marchmont Gate to no more than 481, including both entering and exiting trips. Hillbrook shall limit its daily vehicle trips at the Ann Arbor Gate to 300, including both entering and exiting trips. 5. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 a. Exception - "Special Event Days ": The school may select up to 10 days per Academic Year to exceed the maximum, in recognition of evening/nighttime events, which are not representative of typical daily operations, but which are Permitted Activities consistent with this Conditional Use Permit ("Special Event Days "). On those up to 10 Special Event Days, the total number of vehicle trips entering and exiting the campus at both the Marchmont Gate and the Ann Arbor Gate combined, shall not exceed 1000. b. Hillbrook shall provide the Town and the Neighborhood Committee a list of the Special Event Days along with its traffic management plan to be implemented on each of the Special Event Days no later than August 1" each year. 9. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: Summer Session: During the summer session, the maximum number of vehicle trips entering and leaving the Hillbrook campus at the Marchmont Drive Gate shall not exceed 160. The summer session, if any, shall occur over no more than six contiguous weeks between the end of one school year and the beginning of the next. Summer session activities may occur only on Monday through Friday from 8:30 A.M. to 1:00 P.M. Drop -off and pickup shall each be limited to a one -hour periods of 8:00 A.M. -9:00 A.M. and 12:30 PM- 1:30 P.M. 10. MAXIMUM DAILY TRIPS MONITORING- Both Marchmont Drive Gate and Ann Arbor Drive Gate: 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 both entering and exiting Hillbrook at both the Marchmont Drive Gate and the Ann Arbor Drive Gate to a third party. b. The third party vendor shall collect, post and preserve the daily counts at both gates each day and the vendor shall submit the all of the data to the Town and to a designated neighbor member of the Neighborhood C o m m i t t e e 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. 21 NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 e. This monitoring is required for the duration this Conditional Use Permit is in effect. f. One week during the fall semester, one week during the spring semester and one week during the Summer, without prior notice to Hillbrook, the Town will conduct full day counts to confirm the accuracy of the tube counts at the Marchmont Drive and Ann Arbor Gates. The Town shall invoice Hillbrook and Hillbrook shall pay for those independent counts. 11. NEIGHBORHOOD COORDINATION: The applicant shall communicate and coordinate with the 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, including dates and times, 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 (paid for by Applicant) 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. 12. 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, chosen by neighbors. 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 months. 7. NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 13. 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. 14. 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. 15. PICK -UP AND DROP -OFF AREA: The pick -up and drop -off area for all students, staff and deliveries must be maintained with five (5) lanes within the Hillbrook gate. There shall be no Hillbrook - related parking on upper or lower Marchmont Drive, its adjacent courts, Hilow Road, Stoneybrook Road, Englewood Avenue, Robin Way, Cardinal Lane, Topping Way, Ann Arbor Drive or Wollin Way. There shall be no picking up or dropping off of students or staff on the above -named streets at any time. 16. 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. 17. SOUND AMPLIFICATION: Music from live bands shall not be amplified. One amplified event is permitted per year in connection with the Graduation Ceremony. 18. 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. 19. 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. 20. 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. 91 NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 21. 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, per day. b. For any violation of Condition #15, the applicant shall pay a penalty of $1,000, per incident per day. 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 second consecutive monitoring period, the applicant shall pay a penalty of $5,000.00 per excess trip, per day. d. 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, per day and the following Academic Year's maximum enrollment shall be reduced by 10 students. e. 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. 22. PENALTIES FOR NON -TRIP -CAP VIOLATIONS: In the event that Hillbrook exceeds its enrollment limit for the school year or the summer session, Hillbrook shall pay a $58,000 penalty or twice the cost of tuition for that school year, whichever is greater, to the Town of Los Gatos for each extra student or child. a. In the event that Hillbrook exceeds its nighttime school year cap of 10 nighttime activities, Hillbrook shall pay a $5,000 (five thousand dollars) penalty per violation to the Town of Los Gatos for each violation. b. All other violations shall carry a fine of $5,000 (five thousand dollars) per violation per day. 23. 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. a NEIGHBOR APPELLANTS' Proposed Conditions of Approval December 7, 2014 24. 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. 10. December 9, 2014 Rob Rennie Marico Sayoc Los Gatos Town Council Los Gatos, CA 95030 RECEIVED 0EC 09 2014 TOWN OF LOS GATOS PLANNING DIVISION TOPIC: Information Useful in Answering the Question: What is the appropriate level of traffic for a residentiai, dead -end street like upper Marchmont? Dear Rob and Marico: I am writing to the two of you because Kim Vrijen and I met with both of you during the past week, and both of you showed an interest in figuring out what volume of traffic is generally considered acceptable for residential streets. To me, this is THE key question. I believe that Hillbrook should be asked to manage its size, activity level, and traffic to suit the amount of traffic the neighborhood can comfortably absorb. It should not be allowed to generate ever higher levels of traffic and disturbance regardless of the impact on its surroundings. Hillbrook may be able to grow, but the neighborhood and its streets are limited in how much traffic, noise, and general disruption they can really handle. The Town should not allow Hillbrook to take over the neighborhood. The data points below suggest that the appropriate amount of traffic for a street like upper Marchmont hovers around 500 vehicle trips per day and that as traffic heads toward the daily level of 890, quality of life suffers. During the NOP period for the Hillbrook EIR, I submitted these specific questions and requests. NEED FOR RESEARCH ON ACCEPTABLE The EIR needs to look at acceptable levels for ADT LEVELS FOR RESIDENTIAL TRAFFIC for local, residential dead -end streets like upper Marchmont Drive. Many towns list acceptable levels. Acceptable levels are also given in the Trip Generation Manual published by the Institute of Transportation Engineers (TTE). Acceptable levels should relate to safety and to levels at which local residents can comfortably walk, jog, walk dogs, and ride bikes. NEED TO RELATE HILLBROOK- 1. At what volume of total daily traffic can GENERATED TRAFFIC TO QUALITY OF Hillbrook School exist at 300 Marchmont Drive LIFE AND SAFETY without adversely impacting the quality of life and safety of local residents? 2. What total daily volume of traffic is appropriate for a local, dead -end street like upper Marchmont Drive? Unfortunately, the EIR did not address my questions. Instead, it deferred to the Los Gatos Traffic Calming Policy, which puts the amount of traffic allowed on any residential street before traffic mitigation measures will be considered at 1,500 daily vehicle trips. This is why the EIR concludes that Hillbrbok'srtraffic ifiereases would have no significant impact. I believe this level of traffic is way too high for residential street, and certainly too high for a single- access, dead end street like upper Marchmont. Common sense tells us that an increase in Hillbrook traffic WILL have a significant impact on the neighborhood. As a lay person —that is, not a person with a traffic engineering background—it's difficult to find answers to the question of what level of traffic is appropriate for residential streets. That's why I hoped traffic engineers involved in the Hillbrook EIR would address them. However, I did do my own investigation, Googling for whatever information I could find. Below is what I came up with in answer to these questions. (This information is largely pulled from the document that I've submitted in various versions as updates were needed titled "Neighborhood Justification for CUP Modifications: Hillbrook School." I can provide source data for all of these citations.) TRAFFIC VOLUME STANDARDS FOR DEAD -END STREETS IN A REFERENCE WORK AND OTHER TOWNS, COUNTIES, CITIES, AND TOWNSHIPS SOURCE STREET AVERAGE DAILY TRAFFIC (ADT) IDENTIFICATION Residential Streets Functional Definitions Cul -de -sac "Cul -de -sac's are special http: / /www.nh. og v/ oep/ resourcelibrary /referencelibrary/ residential access streets limited to an ADT of 400 (40 c /culdesacs /pasmemo.htm single family homes)" County of San Diego Department of Public Works: Residential cul -de- Fewer than 400 Public Road Standards sac http: // www. sdcounty .ca.gov /dpw /docs /pbrdstds.pdf Town of Truckee Public Improvement and Engineering Dead end road or Fewer than 500 Standards (May 2003) local road http: / /www.townoftruckee.com /Modules /ShowDocum ent. aspx ?documentid =1813 City of San Marcos, California, Engineering Division, Cul- Cul -de- sac /single Fewer than 500 de -Sac & Single Access Policy Resolution access road http://www.ci.san- marcos.ca.us/ Modules /ShowDocument.aspx ?documen tid =851 Clinton Township Subdivision and Land Development Cul -de- sac /Dead 0 -250 maximum for dead -end Ordinance (2009) end street street http: / /www.myclintontwp.net /media /November 2009 Clinton SALDO.pdf Hudson County Land Development Regulations Cul -de -sac 250 maximum http: / /www.hudsoncountyn'.org /Data /Sites /1 /dept /pla nning /docs /landdevelopmentpt2.pdf SAMPLE STANDARDS FOR AVERAGE DAILY TRAFFIC ON LOCAL NON -DEAD END STREETS SIMILAR TO UPPER MARCHMONT DRIVE City of Sacramento Township of Girard, Pennsylvania Lexington County, South Carolina Cumberland, Maine Tucson, Arizona Jefferson County, Oregon Frederick County, Virginia Gorham, New Hampshire Augusta, Georgia 240 -480 10 per residential home 10 per residential home 10 per residential home 10 per residential home up to 400 up to 400 1 -250 no more than 500 TIRE INDEX RANGES. An additional source of information that became available with the publication of the DEIR is the TIRE Index Ranges table. The TIRE range for moderate traffic —the rating that seems appropriate for traffic on upper Marchmont —is between 90 and 890 daily trips. According to the experts who wrote the TIRE material, a residential street with a TIRE rating of 3.0 or higher exhibits a "significantly impaired residential environment." Here is the relevant section of the TIRE Index Ranges table. TIRE Index Ranges TIRE index Start Daily Volume End Daily Volume Volumes to Cause +0.1 Change in TIRE Index start Mid End Traffic Volume Description Recommended Purpose 1.5 29 35 7 8 9 Low Residential 1.6 36 44 9 11 12 Low Residential 1.7 45 56 12 13 14 LOW Residential 1.8 57 70 14 17 19 Low Residential 1.9 71 89 19 20 21 Low Residential 2.0 90 110 21 26 30 Moderate Residential 2.1 111 140 30 35 40 Moderate Residential 2.2 141 180 40 40 40 Moderate Residential 2.3 181 220 40 50 60 Moderate Residential 2.4 221 280 60 65 70 Moderate Residential 2.5 281 350 70 85 100 Moderate Residential 2.6 351 450 100 105 110 Moderate Residential 2.7 451 560 110 130 150 Moderate Residential 2.8 561 710 150 165 180 Moderate Residential 2.9 711 890 180 195 210 Moderate Residential 3.0 891 1,100 210 255 300 High Residential 3.1 1,101 1,400 300 350 4D0 High Residential 3.2 1,401 1,800 400 400 400 High Residential INSTITUTE OF TRANSPORTATION ENGINEERS (PTE) INFORMATION. Another source of information is the trip generation manual published by ITE. In the September 30 Staff Report, staff used a multiplier of 9.54 for the rate of trip generation for single family homes like those on upper Marchmont. Given this multiplier, the appropriate level of traffic for upper Marchmont alone (with 34 homes on the street and adjoining cul -de -sacs) is 324 daily vehicle trips. Staff further estimated that 64 homes might be built on the Hillbrook property if the school were not there (despite the fact that Hillbrook is zoned HR -1 and therefore a maximum of 14 homes could be built on the Hillbrook property under current Town Code provisions). Thus, with homes instead of a school, the Hillbrook property would generate 611 daily vehicle trips. PLEASANTON, CALIFORNIA: QUALITY OF LIFE STANDARDS. Pleasanton looked at how much traffic could occur on residential streets before quality of life was impacted. Here is what Pleasanton said in a 2003 Baseline Traffic Report. Since this material is lengthy I have highlighted the sections that seem most relevant to the Hillbrook School/Marchmont Drive situation. Worsening traffic congestion on arterial roadways continues to divert traffic onto residential streets. Exhibit 1 describes the Level of Service at intersections along major roadways in terms of the efficient movement of large volumes of traffic. (Although each lane of a residential street (could carry from 1,000 to 1,600 vehicles per hour, the quality of life along a residential street is Impacted at far lower traffic levels. Table III -1 of the General Plan entitled "Desirable Level of Service Volumes" includes the following: Table 5 — General Plan 2 -lane Street Desirable Level of Service Volumes Roadway Type Per Lane Per Hour Two -Way Average Daily Traffic ([wo -lame local streets, -.500 Two -lane neighborhood streets - 2,000 -3,000 Two -lane collector streets - 6,000 -9,000 Two -lane arterial streets 850 15,000 Staff has formulated the Residential Street Level of Service categories shown in Exhibit 4 based on this table in the General Plan and staffs experience with residents complaining about quality of life issues along residential streets. These peak hour volume, average daily traffic volume and vehicle speed thresholds closely match the degree of concern expressed to staff regarding the quality of life along residential streets and the relative need for traffic calming under these conditions. This Residential Street Level of Service standard also closely parallels General Plan Program 6.5 on page III -3, 'Particular sensitivity should be given to new development on streets which are projected to carry more than 2,000 average daily trips, and with existing houses which front such streets." Table 6 uses these residential LOS standards to classify the Quality of Life LOS along 38 local residential streets based on recent traffic counts. An additional 37 residential street have been listed as residential collector streets. There is no clear line as to where a street stops being a local residential street and begins operating as a residential collector street. Most residential streets "collect' some amount of traffic from adjacent blocks and nearby streets. For the purpose of monitoring Existing, Existing plus Approved, and Buildout impacts on residential collector streets, the 2003 Baseline Report assumes that if a residential street is experiencing LOS D traffic volumes and speeds, it is either an LOS D local residential street or an LOS A residential collector street. LOS E or worse residential streets have been classified as LOS B through F residential collector streets based on the amount of traffic using each street. If a street shown in Table 6 as a collector street should instead be designated as a local residential street, measures will have to be taken to reduce existing traffic volume and /or speeds to meet the LOS D standard for such streets. Exhibit 4 - Local Residential Street Level of Service (LOS) Descriptions LOS A describes living conditions where a residential street only carries traffic from the adjacent residences. It is very easy to walk across the street, ride bicycles and enter or exit residential riveways. Typical motor vehicle speeds are 25 MPH or less. During the peak traffic hour, one r passes down the street every two minutes. The typical traffic volume is under 300 vehicles r day with only 30 vehicles during the peak travel hour. OS B describes living conditions where a residential street carries traffic from two residential blocks. It is easy to walk across the street, ride bicycles and enter or exit residential driveways. tOften residents are concerned about vehicle speeds that have increased to 25-30 MPH. During 'the peak traffic hour, one car passes down the street every minute. The typical traffic volume is ';under 600 vehicles per day with 60 vehicles during the peak travel hour. LOS C describes living conditions where a residential street carries traffic from four residential blocks. It is relatively easy to walk across the street, ride bicycles and enter or exit residential driveways. Residents are concerned about vehicle speeds that have increased to over 30 MPH. Residents are also uncomfortable with vehicle volumes that have risen to 1,200 vehicles per day with 120 vehicles during the peak travel hour. During the peak traffic hour, one car passes down the street every 30 seconds. LOS D describes living conditions where a residential street carries traffic from six residential blocks. Increased caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Residents are very concerned about vehicle speeds that have increased to up to 35 MPH. Residents perceive that commuters are shortcutting on their street due to vehicle volumes up to 1,800 vehicles per day with 180 vehicles during the peak travel hour. During the peak traffic hour, one car passes down the street every 20 seconds. LOS E describes living conditions where a residential street carries traffic from eight residential blocks. Due to elevated vehicle speeds and volumes, a high level of caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Vehicle speeds have increased to 35 MPH or more. There is significant commuter shortcutting with up to 2,400 vehicles per day and 240 vehicles during the peak travel hour. It is increasingly difficult to exit driveways during the peak traffic hour with one car passing down the street every 15 seconds. LOS F describes living conditions where a residential street carries traffic from significantly more than eight residential blocks. Due to elevated vehicle speeds and volumes, a high level of caution is necessary when walking across the street, riding bicycles and entering or exiting residential driveways. Vehicle speeds have increased to 35 MPH or more. There is significant commuter shortcutting with over 2,400 vehicles per day and 240 vehicles during the peak travel hour. Exiting and entering driveways is difficult and requires approaching vehicles to stop for driveway traffic. )n either case, existing and future traffic volumes on local residential streets and residential collector streets are measured using this Quality of Life LOS standard rather than a roadway [capacity LOS standard. In this way, land development traffic impacts and arterial roadway congestion diversion impacts can be identified under various development and roadway network scenarios with appropriate mitigation measures required to maintain reasonable Quality of Life conditions on residential streets throughout Pleasanton. HOW THIS DATA POINTS TO A SOLUTION. This data points to why we think Hillbrook traffic should be shared between the Marchmont exit and the Ann Arbor access and why we are asking for the following condition. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: Academic Year: The total number of d a i I y vehicle trips entering and exiting the campus at both the Marchmont Gate and the Ann Arbor Gate combined shall not exceed 781. Hillbrook shall limit its daily vehicle trips at the Marchmont Gate to no more than 481, including both entering and exiting trips. Hillbrook shall limit its daily vehicle trips at the Ann Arbor Gate to 300, including both entering and exiting trips. The 781 number comes from ITE and is the trip generation number for a private K -12 school with 315 students; there is no trip generation number for private K -8 schools. The 781 number is what Hillbrook should have been achieving all along, since 2001, with its 315 students. However, sticking with the 880 limit approved by the Planning Commission and having 555 trips on the Marchmont side and 325 trips on the Ann Arbor side would also work. In both situations, traffic would be almost normal and comfortable on both the Ann Arbor and Marchmont sides. I hope at least some of this material is useful. Sincerely, Barbara Dodson cc: Marcia Jensen, Steve Leonardis, Barbara Spector, Kim Vrijen, Patti Elliot, Joe Sordi Copy also submitted to Jennifer Savage for the file Jennifer Savage To: Janette Judd Subject: RE: SUPPORTING HILLBROOK'S CUP EXPANSION From: Jessie Salas [mailto:iessh1077(0yahoo.comJ Sent: Saturday, December 27, 2014 11:04 AM To: Council Subject: SUPPORTING HILLBROOK'S CUP EXPANSION Dear Mayor Jensen and Members of the Los Gatos Town Council: I am writing to you in support of the Hillbrook CUP expansion. I discovered Hillbrook four years ago when my oldest daughter Addie was attending Green Hills Preschool in Los Gatos. Many of the friends we had made during those preschool years were planning to send their children to St. Mary's in downtown Los Gatos however we were most interested in finding a non - secular alternative that placed more value on learning and community/family values, and less on religion. I was introduced to Hillbrook through an external project and had the opportunity to meet a number of families who I immediately felt a strong connection with (as their value system aligned very closely with that of my own family). They recommended that my husband and I participate in a school tour to gain an even clearer understanding of the school's core focus. My husband was a little hesitant as both he and I had attended public school growing up (he in Colorado and me in Cupertino, where my mom and dad still reside). During the tour, both my husband and I began to feel what can only be described as an epiphany -- Addie and her younger brother Hudson and sister Sydney... our family...we were meant to be here. Reinforcing children's behavior through positive messaging, teaching them the importance of how attitude affects their own being and those around them, taking risks and not being fearful of trying new things, always working towards being a better human ... these were the same core ideals that we ourselves lived by and were also the standards that we had always intended to instill in our own children. OVER THE MOON is how I would describe the feeling we felt when Addie received her acceptance letter. I was so overjoyed, I cried... such and incredible relief to know that we had found our place. Several other families we knew however, who had also applied to Hillbrook were not accepted based on lack of space. To this day we still have discussions with them about how things could have been different. Looking back now, I still experience that same level of emotion when I think about how lucky we are to have been invited to be a part of this awesome community. How fortunate our family is to be surrounded by immense kindness and such true happiness. One thing that never goes unnoticed is that there are so many people smiling at Hillbrook... from the children, to their parents and teachers, to the amazingly warm administration who genuinely has our children's best interests in mind. We support Hillbrook 100% with whatever they feel is best for our children and our community. Increasing the number of students will enable more families to experience this remarkable establishment. It is unfortunate that there happens to be such a negative group of naysayers out there who if given the choice would rather shut the school down and build hundreds of townhomes instead (which would still add to their massive concerns around congestion and traffic). Hillbrook is grateful for the Planning Commission's approval of the requested 99 students. I feel that the school has provided a clear path to a fair and reasonable resolution. I ask that you support Hillbrook's request for an all -day average and send a clear signal that hostility, bullying, and mean - spiritedness have absolutely no place in our town. Please do not hesitate to contact me directly with any questions you might have. Looking forward to attending the upcoming town council meeting on January 13th. Happy holidays to you and your family! Jessie Salas 408 - 540 -4317 Jennifer Savage To: Janette Judd Subject: RE: Conditional Use Permit for Hillbrook School From: Debra McLaughlin (mailto:debramclCalgmail.com] Sent: Saturday, January 03, 2015 9:37 PM To: Council Subject: Conditional Use Permit for Hillbrook School Dear Mayor Jensen and Members of the Town Council, I am a Los Gatos resident. We sold our home in Menlo Park last year to buy a home in Los Gatos in order to send our children to Hillbrook School. I am sincerely taken a back by the strong passion of the school's neighbors to stop the minimal expansion requested for Hillbrook's student population as well as some of the neighbor's strong desire for the school to cease operation. Hillbrook has a 79 year history as an institution in the Los Gatos community. Anyone who owns a home in the neighborhood around Hillbrook would have been well aware of the school's existence prior to deciding to live there. We live close to Daves Avenue Elementary School and we were well aware of the traffic that is a natural side effect of living near a school when we decided to purchase the home. Each day we accept the additional traffic created on the streets around Daves Elementary which is far more significant that the traffic around Hillbrook. As a neighbor of a school, I accept this as part of the normal traffic patterns of the neighborhood. Hillbrook School continues to go above and beyond its responsibility to minimize the traffic in the neighborhood around the school. We utilize the free bus stops that Hillbrook offers its families to alleviate traffic in the neighborhood. I intent to send both my children to Hillbrook from K -8`" grade. By granting the school the CUP modification as requested, you alleviate some of the burden of educating Los Gatos residents from the Los Gatos school population. Please vote to grant Hillbrook School the requested CUP modification without the daily car maximum and penalties that were recently decided. By placing a maximum daily car limit, the city is inhibiting the school's ability to operate fully and damages the Hillbrook commurrity. The average daily limit is more reasonable when considering how a school operates. It is important to our family to be able to attend events at Hillbrook and drive our children to school when needed. Please reconsider the CUP and the city's restrictions. Best regards, Debra McLaughlin 15712 Oak Knoll Drive, Los Gatos, CA 95030 Jennifer Savage To: Janette Judd; seandem @gmail.com Subject: RE: Support for Hillbrook School From: Sean Dempsey fmailto•seandem(c>gmail . com) Sent: Sunday, January 04, 2015 10:23 AM To: Council Cc: Dempsey, Ellen Subject: Support for Hillbrook School Dear Mayor Jensen and Members of the Town Council, I am writing to express my support for Hillbrook School's appeal. My family moved to the Los Gatos community in 1983 when I was 10 years old. I am a graduate of Daves Avenue Elementary, Fisher Junior High and Los Gatos High School and I've seen the community grow and change as much as any other neighbor or community member. I ask that the Town Council support Hillbrook's appeal to limit all day trips to an 880 average, not maximum. As you know, the baseline 2011 traffic study used an 880 average. I am asking that the Town Council's ruling reflect this average and does not arbitrarily impose a maximum that is not supported by any of the traffic studies or analyses and simply does not meet an objective test of reasonableness. The 880 maximum is punitive and unjustified. Defining a daily car count may seem like a straightforward metric but in fact, placing a maximum, rather than an average, on the count impinges on the school's ability to operate normally, provide a complete educational experience, and maintain its character and purpose, like any other school in Los Gatos. The Hillbrook community has already demonstrated an extraordinary commitment to addressing the concerns of school neighbors through carpooling, buses, outreach, biking and other traffic calming efforts. While these measures may be inconvenient for many of us, we gladly accept them in our desire to be part of a wonderful school and town. A daily maximum makes these efforts futile as the school could simply not operate successfully under such a restriction. Thank you for your consideration, Sean Dempsey Jennifer Savage From: Ellen Dempsey <ellendem @gmail.com> Sent: Sunday, January 04, 2015 12:27 PM To: Council Subject: Support for Hillbrook School Dear Mayor Jensen and Members of the Town Council, I am writing to express support for Hillbrook School's appeal. Mayor Jensen's stated goals for 2015 include building "bridges between the different interest groups that populate Los Gatos in hopes of eliminating the discord that has pervaded so many recent issues." I could not agree more. In fact, Hillbrook School has been attempting to build bridges with the neighbors for years. Hillbrook has done so many things to address the neighbors' concerns about the school, just in the last few years alone. Some of them are: - Holding over two dozen neighborhood meetings over the last few years - Regularly communicating with neighbors via the "Neighborhood News" - Welcoming neighbors onto campus and continuing open dialogue via phone and email - Voluntarily adding bus routes to bring more children to campus at once - Voluntarily not parking in the neighborhood - Voluntarily not picking up and dropping off children in the neighborhood - Increasing walkers and bikers to and from campus - Carpooling and busing from Calvary Church for large school events I am extremely proud to be a part of the Hillbrook community, in part because of these amazing efforts. Hillbrook is truly a community leader for these traffic calming measures. I would love to see the Town Council suggest a moratorium on letters to the local newspapers about the Hillbrook issue. As a community we need to support local schools, not try to tear them down with repeated opinion pieces. What is the purpose of these repeated letters if not to discourage local enrollment and attempt to influence the Council with completely one -sided information? The letters destroy bridges and I would like to see them stop. I hope that the Town Council and Mayor Jensen recognize the extreme measures that Hillbrook has already taken to build bridges with the neighbors. Regarding details of the appeal, I sat through two of the Planning Commission meetings and watched the other on -line. The Planning Commission clearly wanted "no new trips" in the neighborhood with this expansion. I agree! An 880 AVERAGE (not a maximum) is no new trips. The 880 average (in the baseline 2011 study) included 4 car counts - 861, 800, 924 and 933. 880 was an average. The new CUP should fairly reflect this. I ask that you support Hillbrook's appeal. Thank you, Ellen Dempsey Jennifer Savage To: Janette Judd; evecastles @gmail.com Subject: RE: Hillbrook School From: Eve Castles [mailto:evecastles(@Qrnail.com] Sent: Sunday, January 04, 2015 2:09 PM To: Council Subject: Hillbrook School Dear Mayor Jensen and City Council Members: I am writing today in support of Hillbrook School and to encourage you to approve a daily average of 880 cars (vs a daily cap). We live in Cupertino and our two boys are Hillbrook Alumni from the classes of 2007 and 2010. They attended Hillbrook from 4th -8th grades and we credit the school for developing their enthusiasm and love of learning, teaching them resilience and giving them a safe place to make mistakes and grow up. My kids will attest their Hillbrook education was a critical par[ of forming their character, and they are very grateful for the opportunity to attend Hillbrook during those extended middle school years. While we attended Hillbrook, we were part of a daily carpool. I know the school has implemented school buses to reduce the car count and continues to emphasize carpools. There are 4 schools near us in Cupertino - including a School Triangle of Lincoln Elementary, Kennedy Middle School and Monta Vista High School. NO ONE asks our approval when enrollment increases in these schools. Traffic is a nightmare most of the mornings and afternoons. The start times are 7:35, 8:20 and 8:55 - which means there is maybe a 15 minute window without traffic between the window of 7:10 and 9:10 in the mornings! Their car counts are incredibly high with enrollment of over 700 kids at Lincoln Elementary School; roughly 1650 at Kennedy Middle School and 2200 at Monta Vista High School. Leaving our neighborhood in another direction, we run into traffic for the 4th school (over 700 students) with Stevens Creek Blvd and Foothill. Expressway simulating parking lots between 7:40 and 8:10. We get it from all directions! Hillbrook's neighbors have NO IDEA how lucky they are!!! PLEASE approve a daily AVERAGE of 880 cars (vs a daily cap of 880). Thank you for your support. I am happy to answer any questions you may have. Warm Regards, Eve Castles Eve Castles 408.309.3705 Cupertino, CA 95014 Jennifer Savage To: Janette Judd Subject: RE: Conditional Use Permit for Hillbrook School From: Paul Perez [mailto:poerez550t0)yahoo.com] Sent: Monday, January 05, 2015 6:50 AM To: Council Subject: Conditional Use Permit for Hillbrook School Dear Mayor Jensen and Members of the Los Gatos Town Council, We just celebrated our 3rd anniversary as Los Gatos residents, having relocated from out of state, and we couldn't be happier. I'd like to start this letter by congratulating the city and local government for succeeding in creating a true sense of community. I'm writing in support of the conditional use permit that Hillbrook School petitioned to allow expansion of their middle school. We have a unique perspective on this because our daughter attended Blossom Hill elementary prior to attending Hillbrook, and because we're also Los Gatos residents living close to Hillbrook and all Los Gatos public schools. Our daughter graduates from Hillbrook this year. My wife and I were at the last hearing prior to the Planning Commission preliminarily approving the request for 99 additional students With a cap of 880 maximum daily cars. We were thrilled to hear the decision because it struck us as a very fair compromise between the school's aspirations and the neighbors' concerns as expressed in the hearings. Our daughter started middle school at Hillbrook the same year (2011) that the CUP application started, and we can tell you this has weighed heavily not only on the school parents but also the older students at Hillbrook. The school promotes citizenship and community service in and out of the school, and all the middle - schoolers engage in a "legacy" project in their last year to improve the school for the next generation. Our daughter has regularly spoken at our dinner table about her concerns for Hillbrook if the middle school cannot expand. Social development is an integral part of education, and the middle school is simply below critical mass to provide an adequate social fabric for kids that age. As a local resident, I can offer a few perspectives in support of Hillbrook's petition 1. Having been both Hillbrook and Blossom Hill parents, we can categorically state that Hillbrook has done more to raise awareness on traffic safety and neighborhood outreach than Blossom Hill. We live close to Kennedy Road and Los Gatos Boulevard and get to live the traffic congestion related to Fisher and Van Meter. 2. This congestion has also caused a severe speeding problem on our street (comer of Gem Avenue 8 Fillmer Road) as drivers - many of them local school parents - try to avoid the Kennedy/Los Gatos Boulevard intersection. Our street is very short yet we see drivers regularly exceed 45mphl 3. 1 contrast our personal, daily experience during the school year with Hillbrook's consistent education, awareness and refresher outreach to parents, exhorting the use of carpools, the bus service and walking. It's become a family tradition to walk our daughter to/from school and we have NEVER had a pedestrian safety concern on Marchmont Drive. We have had many close calls and are continually concerned about pedestrian safety on all of our streets leading to Marchmontl Blossom Hill never had this serious emphasis on pedestrian safety and traffic efficiency. 4. With all due respect to Marchmont Drive residents, many of whom we know and consider friends, Hillbrook was there before they bought a house on Marchmont. Hillbrook is as much a part of Los Gatos as Marchmont Drive. We applaud the planning commission and the town council for a fair and balanced approach to the hearing. We also applaud Hillbrook for conducting a humble, transparent process that included neighbors. 5. While we were thrilled to see the preliminary approval, we were puzzled by the 880 car maximum count vs. daily average. Hillbrook, like any other school, has a rhythm that ebbs and flows as a function of their calendar and extra - curricular activities like Grandparents Day in November, the School Concert in December, etc. It seemed to us that an 880 car average, rather than maximum count, would be a more realistic balance between the school and the neighborhood. 6. Lastly, given that Hillbrook is an integral part of Los Gatos, what is also a stake is a public statement from the Town Council on Los Gatos' commitment to education, whether it be private or public. We look forward to the final hearing on the 13th and hope the Town Council will make the right decision to continue making Los Gatos one of the best places to live, work and play in the Bay Area! Sincerely, Paul Perez 1 Gem Avenue 408 - 402 -5426 Jennifer Savage To: Janette Judd Subject: RE: Hillbrook CUP From: Sherry Cohen [mai1to:sherrys2Kbyahoo.com] Sent: Monday, January 05, 2015 7:03 AM To: Council Subject: Hillbrook CUP Dear Town Council, We are the parents of three children, one of whom is in first grade at Hillbrook. We live in the Marchmont neighborhood at the bottom of the hill from school and walk with our daughter to school daily. We have heard a lot of the discussions both for and against Hillbrook's request to increase its enrollment. As parents of children who live in the area and attend Hillbrook, we feel that we are in a unique position to discuss the disagreement. As residents of the neighborhood, we understand the concerns about the potential increase in traffic. The safety of our children is paramount. The school has gone to great lengths to address our neighbors' concerns. In our daily walks back and forth to school, we have noticed a dramatic decrease in traffic this year. The implementation of the school shuttle bus and the emphasis on carpooling has resulted in significantly lower traffic and a more relaxed walk to and from school each day. These efforts are paying off in reduced traffic in the neighborhood. The school has proposed a plan to grow responsibly over the next 3 -5 years and cap its enrollment to 414 students. This will allow the school to offer more opportunities to its middle schoolchildren and allow more children, many of whom would be from Los Gatos, to have a very stimulating education. For these reasons, we ask you to consider Hillbrook's appeal. It would be a shame to let this opportunity pass because of the perception that it would unduly increase traffic. We have been witness to the fact that due to the solutions proposed by the school, traffic has actually decreased. We feel safe enough to walk with our children to the school. The middle school expansion will only serve to make Hillbrook and Los Gatos a more vibrant community. Hillbrook is a school - an excellent Los Gatos school. Hillbrook is asking for an increase in its enrollment cap to 414 students. The school would like to grow in a responsible way over the next three to five years. We would like to see this approved so that more programs may be offered academically and recreationally at the middle school level. Silicon Valley is an area that emphasizes education. To dismiss the opportunity for children to receive a more rigorous education and participate in enriching experiences after school seems a terrible shame. Best, Nathaniel and Sherry Cohen Rosalie Court, Los Gatos Jennifer Savage To: Janette Judd Subject: RE: Hillbrook School CUP From: bryan.mclauahlin(abus.pwc.com [ mailto :bryan.mclaughlin(a)us.pwc.com] Sent: Monday, January 05, 2015 9:42 AM To: Council Subject: Hillbrook School CUP Dear Mayor Jensen and Members of the Town Council, I am a Los Gatos home owner, resident and registered voter. After much deliberation, my wife and I decided send our children to Hillbrook School. Not for any deficiency in the Los Gatos school district of course, but because Hillbrook School and the Hillbrook community are aligned to and live a value system which we believe mirrors our own. In that light, I am sincerely taken a back by the strong passion of the school's neighbors to stop the minimal expansion requested for Hillbrook's student population as well as some of the neighbor's strong desire for the school to cease operation. Hillbrook has a 79 year history as an institution in the Los Gatos community. Anyone who owns a home in the neighborhood around Hillbrook would have been well aware of the school's existence prior to deciding to live there. We live around the corner from Daves Avenue Elementary School and we were well aware of the traffic that is a natural side effect of living near a school when we decided to purchase the home. Each day we accept the additional traffic created on the streets around Daves Elementary which is far more significant than the traffic around Hillbrook. As a neighbor of a school, I accept this as part of the normal traffic patterns of the neighborhood. Anyone who has spent any time on a weekday at Hillbrook during school operating hours would be able to readily validate my assertion and discredit many of the inaccuracies that existing neighbors of the school have conversely asserted. As a resident and registered voter of Los Gatos, I would expect that the members of the council would have undertaken independent and personal verification of these assertions themselves, which I know Hillbrook willingly and openly supports. Furthermore, I believe Hillbrook School continues to go above and beyond its responsibility to minimize the traffic in the neighborhood around the school. For example, our family HEAVILY UTILIZES the free bus stops that Hillbrook offers its families to alleviate traffic in the neighborhood. The Hillbrook administration and parent population is committed to continuing to support initiatives that minimize traffic impacts on the School's neighbors as the school community grows and thrives. By granting the school the CUP modification as requested, you have rightfully taken steps to alleviate some of the burden on the Los Gatos school district population. However, by granting the requested CUP modification with a maximum daily car limit, the city is inhibiting the school's ability to operate fully, manage the impact of growth thereby causing potential harm the town of Los Gatos, the neighbors and the Hillbrook community. For this reason I believe using an AVERAGE daily limit is more reasonable when considering how a school operates. I further believe this is in the best interest of the school, the neighbors and the wider Los Gatos community. For this reason I respectfully ask that you reconsider the CUP and the city's conditional restrictions placed on the school. Best regards, Bryan McLaughlin 15712 Oak Knoll Drive, Los Gatos, CA 95030 (home) 408442 -5195 Bryan MclaughUn Partner PwC, Capital Markets, Divestures and Accounting Advisory Mobile: +1.650.279.1629 1 Office: +1.408.817.37601 Fax: +1.813.375.8276 Email: bryan.mclauchlinra)us.awc.com httpJ/www.i)wc.com/ustranmationsemices V�cwmyyroatemLMtYOd® � ��t�uitEer � The information transmitted, including any attachments, is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited, and all liability arising therefrom is disclaimed. If you received this in error, please contact the sender and delete the material from any computer. PricewaterhouseCoopers LLP is a Delaware limited liability partnership. This communication may come from PricewaterhouseCoopers LLP or one of its subsidiaries. Jennifer Savage From: Jody Chang <jodychangl @gmail.com> Sent: Monday, January 05, 2015 9:49 PM To: Council Subject: Letter in support of Hillbrook's enrollment increase Dear Mayor Jensen and Members of the Town Counc We are writing as Hillbrook parents, in support of Hillbrook and the addition of 99 students to the school. We have a daughter in 5`h grade, and our other daughter graduated from Hillbrook last spring and is now a freshman in high school. Both our daughters attended public elementary school and transferred to Hillbrook as middle school students. Their experience at the school has been outstanding, and we've appreciated the academics, extracurriculars, sports, faculty, and most of all the spirit of innovation, learning, and care for each student. With all this, however, it would have been a different experience to transfer in as a middle school student with a whole cohort of other new middle schoolers. We believe this would have positively affected our daughters' ability to make new friends and connect socially with others in their situation as new students in a tight -knit community. There are many reasons why Hillbrook will be better able to thrive as a school with an additional 99 students. From our experience, we can say that social connections for new middle schoolers is one that would make a real difference for families like ours. We love our school and are proud of how Hillbrook works hard to be a good neighbor, including its drastic lowering of its car count (from 1410 in 2001 to an average of 880 in 2011). We appreciate Hillbrook's investment in its shuttle program, including offering shuttles in the late afternoon for students like our daughter who participate in after school sports. She takes the shuttle both to and from school every day. Thank you for considering Hillbrook's request for an enrollment increase. We believe the increased student body will help the school community to thrive while not impacting the neighborhood adversely. Sincerely, Jody & Curtis Chang 1IS 8 Britton Avenue San Jose, CA 95125 M�� Jennifer Savage To: Laurel Prevetti Subject: RE: Hillbrook Expansion From: Laurel Prevetti Sent: Monday, January 05, 2015 10:02 AM To: Jennifer Savage Cc: Joel Paulson Subject: FW: Hillbrook Expansion From: Greg Larson Sent: Monday, January 05, 2015 7:31 AM To: Laurel Prevetti Subject: Fwd: Hillbrook Expansion Begin forwarded message: From: BSpector <BSpector(crlos atg osca.gov> Date: January 5, 2015 at 9:52:25 AM EST To: Greg Larson < larson ,losgatosca.gov> Subject: FW: Hillbrook Expansion fyi From: Paula Van Grunsven [pa ulavgCuverizon.net] Sent: Sunday, January 04, 2015 9:38 AM To: Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie Cc: paulavoCcbverizon.net Subject: Hillbrook Expansion Dear Town Council Member, I originally wrote a letter to the Planning Commission about my preference that Hillbrook not be allowed to increase enrollment. I am writing a new letter now because I realize that I didn't include the feedback I heard from 19 residents on my street when I took a petition from door to door. The Reason For My First Letter and Petition Participation: I wrote that my family moved to Los Gatos 7 years ago so that my kids could walk and bike to good schools. I have 3 boys. Twin 13 year olds that walk down Shannon Rd to Fisher everyday and a 16 year old Junior who rode his bike to Los Gatos High for 2 years. Last September my son was nearly hit by an SUV that was speeding down 1 Englewood near Marchmont. He was walking home from Los Gatos High around 2:30 pm. and the SUV missed hitting him by a few inches. After 2 years of close calls while biking and walking to school we realized that we needed to drive him to Los Gatos High. His route was; Shannon, Englewood, Kennedy, Caldwell, Bella Vista.The designated bike route. A few weeks later Hillbrook School and a group of Residents from Marchmont left flyers at the houses on our street. I contacted the LG Cats group and learned that that the Town traffic study concluded that Englewood was safe. I totally disagreed with this. The Cats group gave me a petition and said someone had gone down my street 2 years ago but had missed some houses. My New Letter Representing My Street. I contacted a total of 19 Los Gatos residents on my street Shady View Ln, Bonnie Ln, and St. Croix Crt. Out of 19 people only 1 elderly woman did not want to sign the petition. She said that she wanted to "stay out of it '. • The majority of neighbors thanked me for taking the petition around. The most passionate were parent's whose kids walk to school everyday down Shannon Rd because they worry about safety. • Some neighbors felt badly for the people who had bought houses on Marchmont and Englewood, and were relieved they hadn't bought houses there themselves. • Many are fed up with the amount of traffic and the back -up on Shannon Rd., including the Hillbrook bus that stops on Shannon Rd. (one man who was visiting a friend asked if he was allowed to sign the petition too, even though he lived off of Shannon on Deerpark Rd) • One resident asked right away if the petition was "for or against Hillbrook T' He said he had gotten the "propaganda letter" from Hillbrook. • Most residents went from giving me the cold shoulder because they thought I was selling something to gratitude for representing them within one minute. • The majority of parents on the street drive their kids to Los Gatos High because it is too dangerous to bike that route even though it's only a 10 minute ride. • A few residents told me about the North 40 petition since I hadn't heard of it and they were already upset about that potential increase in traffic. • The reason I didn't get more signatures is because the remaining houses had "No Soliciting" signs, never answered their doors or there were high fences or gates that I didn't want to open. • The ratio was 18:1 against Hillbrook expanding. • Shady View Ln, Bonnie Ln and St.Croix Crt. are quiet streets. Resident's still do not want Hillbrook to expand because of the increased traffic and the risk to our kid's safety. • As a Town Council member please don't turn around and ask how we can get kids to walk and ride to school more. We are telling you right now what is a major problem. • The town is already stressed with too much traffic around rush hour. Witness all the traffic calming measures and traffic counters around town. Everyone is trying to find their secret way to get to the high school while avoiding traffic. Of all the people who spoke at the Planning Commission meetings I never heard one Los Gatos resident say their child had been denied entry to Hillbrook school because it was full. The majority of students commute from out of the area. Please prioritize local resident's needs. We are directly affected by this decision. We do not want an increase in traffic when it's already dangerous for our kids. Allowing an increase in Hillbrook enrollment would be prioritizing the desires of commuters over the needs of the residents who voted for you. Remember 18 to 1 against Hillbrook expansion. Paula van Grunsven 16419 Shady View Lane 408 - 666 -3482 Jennifer Savage From: Ellen Dempsey <ellendem @gmail.com> Sent: Monday, January 05, 2015 11:40 AM To: Marcia Jensen; BSpector, Steven Leonardis; Marico Sayoc; Rob Rennie; Council Subject: Fwd: Support for Hillbrook School Dear Mayor Jensen and Members of the Town Council: The following letter was sent to the Editor of the LG Weekly Times today. Thank you, ---- - - - - -- Forwarded message ---- - - - - -- Date: Mon, Jan 5, 2015 at 11:35 AM Subject: Support for Hillbrook School To: dsnarrerCa ,community- newsnapers.com Dear Editor: The Town Council should approve Hillbrook's appeal of its revised use permit and designate the daily car count to be an average of 880 rather than a maximum. The Draft. Environmental Impact Report (EIR) done for this project used an average of 880 for its analysis. This report found that the addition of new students would have no significant impacts to the neighborhood. The Final EIR strengthened these findings. Again, the impact of new students at the school was determined to be less than significant. Again, an average of 880 was used for the analysis. These documents were lengthy, detailed, extremely thorough, and completed by independent third parties. They represent the governing law for evaluating such projects. The hard -cap 880 maximum set forth by the Planning Commission deviates from establi shed traffic principles and is unsupported by the EIRs. The Planning Commission wanted Hillbrook to add students with no change from the status quo. An 880 average, not maximum, represents the baseline traffic for this project. We must remember that Hillbrook is a school, serving children as young as 5 years old. What the Planning Commission has set forth potentially separates parents from their children at a cost of $1,000, $5,000 or $10,000 per car. This is not fair or reasonable. An average allows the school to manage traffic flows and preserve its character as a school. Thank you, Sean and Ellen Dempsey Country Club Drive 650455 -1965 Jennifer Savage To: Janette Judd Subject: RE: Hillbrook School CUP Amendment - - - -- Original Message---- - From: Frank Doepke fmailto:mackey mouse @mac.coml Sent: Monday, January 05, 2015 12:48 PM To: Council Subject: Hillbrook School CUP Amendment Dear Mayor Jensen and Members of the Los Gatos Town Council I am writing to you as a parent of 2 children that are attending Hillbrook School. I would like to voice my concern over the appeal of the neighbors that are opposing the CUP update for more students or even downright oppose the school. The school has been part of the Los Gatos community for over 75 years and has been in its current location longer than most houses in the neighborhood. Everybody wants to have a school close to their home to send their children to and then have that school with its nuisance disappear once the children don't attend it anymore. We all like to have streets that we can use from our front door to where ever we want to go to, but nobody else should use them when we are home. City Service get provided with money falling from the sky. But that is not how reality works and as a society or in smaller scale a community everybody has to make compromises and an effort accommodate the needs of other members of the community. Hillbrook School and with it the parents and students undertake every reasonable attempt to reduce the impact on the neighborhood. Everybody is mindful of traffic and works hard by using alternatives of various kinds. And you can observe this every morning and afternoon. The school also contributes directly to Los Gatos's economy by employing residents (as you are surely aware that a number of Los Gatos residents work at the school), bringing patrons to local businesses and working with local business. Unfortunately we do not live in Los Gatos, but I can attest that we spend a lot more money in the town since our children attended the school then we ever did before and other parents that my wife and I have talked have the same experience. Private schooling is becoming a competitive business when you observe how many new private schools have started recently in Silicon Valley. Does Los Gatos want to loose a well respected and long standing school to other towns as some are suggesting? Extending the school as laid out in the CUP application benefits existing students and allows more students to take advantage of the incredible learning environment that Hillbrook has to offer. I do understand that the concerns about maintaining the neighborhood residential feel. But what does concern me is the way how the appeal portrays the school and how even some neighbors resolve to blighting the neighborhood by putting various junk in front of their house so that nobody parks there. That attitude and tone is not reasonable. I do have faith in the community government to handle Hillbrook's application fair and reasonable. Sara and Frank Doepke Jennifer Savage To: Janette Judd Subject: RE: In support of Hillbrook From: Amy Turner rmaitto :amybturner2000(cbvahoo.coml Sent: Monday, January 05, 2015 1:48 PM To: Council Subject: In support of Hillbrook Dear Town Council, I am writing to you to urge your support of Hillbrook School and their request to add 99 students and have a daily traffic average of 880 cars. We have two children attending Hillbrook School and we make every effort to help with the traffic issues and to be respectful of the neighbors. Our children take the bus every day and we do not give them the option of being driven to school. It is really important that Hillbrook be allowed to function as a school and limiting the number of cars below the average requested makes this very difficult, if not impossible. Hillbrook is not asking anything that is unreasonable and I know most of us have made tremendous efforts to be accommodating. Thank you for your consideration Amy Turner Jennifer Savage To: Janette Judd Subject: RE: Hillbrook School From: Matt Hall [ mailto :matthhall(absbcolobal.net] Sent: Monday, January 05, 2015 2:47 PM To: Council Subject: Hillbrook School Mayor Jensen and Members of the Town Council, My daughter is a 7t' grader at Hillbrook and has been going there since Kindergarten. Hillbrook is a wonderful school. The Town of Los Gatos has a fantastic school district but anyone that goes and visits Hillbrook will be so impressed on how they give kids the opportunity to individually grow into their own person through the experience of learning how to learn will understand why people choose it over public schools. Having a school like Hillbrook brings people to move to Los Gatos so they can be close to it for their kids and it also brings in neighboring communities to spend time and money in Los Gatos. The approved enrollment increase of 99 students will provide more students with the wonderful programs that Hillbrook offers to its students. Having a school like Hillbrook be able to support more children is a benefit to the community of Los Gatos. You will hear from the Town of Los Gatos staff about an average of 880 cars per day that Hillbrook has gotten down to. The Planning Commission heard the same numbers but the Commission members struggled to understand the differences between an average and a cap of cars (this is really true, I am not making this up). There will be days where the number will be much below 880 and day where it will be much above 880. Due to this the Town of Los Gatos staff views the best way to monitor traffic is for it to be an average, not a cap. The first three years our family carpooled every day and we are now in our fifth year of using the bus to get her to and from school. I still get a few opportunities to be at the school during the drop off and pick up times. This can be because of teacher meetings, after school sports, extracurricular enrichment programs like music and the arts and other activities. The difference from 2007 to today is amazing. The Town Staff proposed 960 cars on average in their report as it is so far below the earlier averages as Hillbrook has done such a good job of limiting traffic. Please take time to consider where they were in 2007 when my daughter started going there as well as well as where they were back in 2001 when the first study was done. Hillbrook has made great strides that should be studied by other schools in the Town of Los Gatos and beyond to find ways to mitigate traffic. What was once a long trip to school has been reduced to an efficient system. The neighborhood around Hillbrook now has cars that have the ability to drive the speed limit around the neighborhood. Please amend the approved changes to the CUP to be an average of 960 cars for Hillbrook's increase of 99 students. This is the Town Staff's recommendation. Thank you, Matt Hall This Page Intentionally Left Blank Jennifer Savage To: Janette Judd Subject: RE: Letter in Support of Hillbrook - - - -- Original Message---- - From: Maisel, Josh (mailto:Josh Maisel @fuhsd.orel Sent: Monday, January 05, 2015 3:42 PM To: Council Subject: Letter in Support of Hillbrook Dear Los Gatos Town Council, I am writing as a public school educator and a parent of two Hillbrook students. I have been following the proceedings on the Conditional Use Permit for Hillbrook School, and I understand that the Planning Commission granted the permit request to add an additional 99 students, but that they also ruled that a "hard cap" of 880 vehicles per day would be enforced. I am writing to express my opinion that, while the additional 99 students will be instrumental in the school developing a strong Middle School program, the hard cap of 880 would severely undermine the school mission and have a significant impact on my ability, as a working parent, to engage in my children's education in a meaningful way. I am sure you are getting mail from a lot of people, so I won't rehash all of the arguments that I have heard, but instead, I will just share that, in my own school context, I wish we had a community like Hillbrook, where parents and other community members engage so vigorously. I cherish events like the Speakers series, as well as parent coffees and other events that bring our community together, and I am not sure how these would function if the vehicle limit weren't flexible enough to allow for a day or two each month with a few more cars. I know that the Hillbrook initiative to promote carpooling has been challenging. We bring another family to school every day, and the logistics around doing so are not always easy. However, it also frustrates me when I go by the local public schools on Los Gatos Blvd and see all of the traffic caused by single family cars, so we endure the challenges for the greater benefit. I also know our carpooling efforts have brought us closer to other families and also provided good modeling of environmental stewardship for our children. My understanding is that an average of 880 vehicles would still maintain a very rigorous standard for daily driving habits, and ensure that our families travel impacts the local homeowners much less than the other neighborhood schools. Placing a hard cap wouldn't change the daily commuting habits of the Hillbrook community, but instead would punish working parents like me who wouldn't be allowed to drive to campus on the handful of times each year when there are special events. It would be such a shame for me to miss out on these important events in my children's lives, especially when doing so wouldn't have any discernible positive impact or otherwise change the daily traffic coming to and from campus. Thank you for your time and consideration of this matter. I hope you grant the appeal to add the additional 99 students with an average of 880 vehicles per day. Sincerely, Josh Maisel Coordinator of Academic Interventions Fremont Union High School District 589 w. Fremont Avenue, Sunnyvale, CA, 94087 (408)522 -2297 This electronic mail transmission and any files transmitted with it may contain confidential information only for use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. if you received this communication in error, please notify the sender by reply e -mail and then delete the communication from your electronic mail system. Letter of Support for Hillbrook School /Johansson Family Leila & Joakim Johansson leilaiohansson @mac.com Dear Mayor Jensen and Members of the Los Gatos Town Council: JAN -5 2015 TOWN OF LOS GATOS PLANNING D ON We are writing to request that the Town Council support Hillbrook School's appeal, overt NiifS the Planning Commission's decision and convert the 880 vehicle maximum cap to an 880 average daily count. Our children attend Hillbrook School — a remarkable school whose innovative approach to learning, embrace of technology and commitment to inclusivity reminded us of why we chose to attend the Haas School of Business /UC Berkeley for our MBA education. Los Gatos should be proud to be home to a school as impressive as Hillbrook. The issue seems, to us, straightforward. When an expert authority on a matter relies on an established and accepted metric- in this case an average daily count- it seems only reasonable that one would utilize this same metric as a basis for future decisions. "Average Daily Traffic is the standard measurement for vehicle traffic load on a section of road, and the basis for most decisions regarding transport planning, or to the environmental hazards of pollution related to road transport". This is the metric relied upon by the State of California, Department of Transportation, Traffic Operations Division, and undoubtedly many other states as well. It is unclear and disconcerting to us how a local town planning committee can assume the expertise to overlook what is a generally accepted metric by traffic experts and arbitrarily impose a maximum count. Furthermore, Hillbrook School has gone above and beyond in addressing neighborhood concerns, as evidenced by their reduction of traffic and implementation of a mandatory TDM program with Third party reporting, monitoring, and penalties. The quantitative data- including Hillbrook's reduced car counts and the DEIR report findings that Hillbrook's increased enrollment would cause no significant impact to the neighborhood - speaks for itself. Qualitatively speaking, any of us would be hard pressed to find a school neighborhood in a thriving town with as little "traffic "as Hillbrook's. Finally, we would like to appeal to you on a personal level. The age group Hillbrook educates - approximately age five to thirteen- essentially represents their childhood. As parents and /or grandparents, we all realize how fleeting this period we call childhood is. We know that the delight and squeal with which we are greeted by our young, school -aged children when we visit their classroom bearing treats for their birthday will sooner than we realize be replaced by indifference or- hard as it is to admit- likely embarrassment. It is our right as parents to capitalize on these moments and be present for our children while we can. As much as we'd like to think of ourselves as superheroes, walking up Marchmont while balancing two to three dozen hand - frosted birthday cupcakes would be a challenge at best. Letter of Support for Hillbrook School / Johansson Family By supporting Hillbrook's appeal and converting the 880 vehicle maximum count to an 880 average daily count you are respecting a universally accepted metric for traffic counts established by industry experts, acknowledging Hillbrook School's considerable and effective efforts at addressing neighborhood concerns, and allowing parents to do what families are allowed and encouraged to do at schools around the country- be there for our children during this limited *o ent in their lives. We ask that you make the only fair and reasonable decision: to overturn the Planning Commission's seemingly arbitrary decision and uphold an 880 vehicle average daily count. Sincerely, Leila & Joakim Johansson DONNA M. VENERUSO (d.'09) LEILA H. MONCHARSH Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 LAW OFFICES VENERUSO & MONCHARSH 5707 REDWOOD RD., STE 10 OAKLAND, CALIFORNIA 94619 TELEPHONE (510) 482 -0390 FACSIMILE (510) 482 -0391 January 5, 2015 RECEIVED JAN - 5 2015 TC)wN OF LOS GATOS pLANNING DIVISION Re: Conditional Use Permit U -12 -002; EIR 13 -001— Hillbrook School Dear Mayor, Vice Mayor, and Council Members: My client, LG CATS, requested that I submit comments to your Council in response to Hillbrook's December 1, 2014 letter ( Hillbrook Letter), supporting its appeal of the October 6, 2014 Planning Commission decision. I am a land use attorney with a master's degree in urban planning. Over the last 20 years, I have periodically analyzed projects where private schools have sought modification of use permits for their expansion plans. In my opinion, the Los Gatos Planning Commission correctly decided to reject "averaging" and include a condition of approval (COA) with a set limit on the number of car trips. The Planning Commission heard several days of statements from the school and the community, reviewed countless documents including the Environmental Impact Report (EIR), and weighed the different options before arriving at its decision. Averaging car trips in use permits for schools is not an "industry standard." Hillbrook has failed to substantiate this claim by identifying other schools that use averaging and in my experience, the claim is incorrect. Hillbrook's hesitancy about accepting a fixed car trip limit reflects its concern that parents will refuse to use carpools, busing, and shuttles to stay within the fixed limit. However, a fixed limit at 880 daily trips or under should contribute to safe and uncongested traffic conditions for parents, their children, staff, neighbors, and business traffic all using the streets near the school. If Hillbrook cannot manage its parents and meet its responsibility to the community and the Town to follow traffic reduction rules, the Town Council should deny the permit. Alternatively, if Hillbrook believes that it can meet the fixed trip limit and is willing to accept the penalties that it previously agreed to have placed on the CUP, I recommend granting the permit for a small number of additional students, not 99 students. This gives Hillbrook time to manage its traffic with close to its current student population. If in a year or two, Hiilbrook has demonstrated that it can meet its obligations under the CUP, it can apply to modify the CUP for additional students at that time. Los Gatos Town Council 110 E. Main Street Los Gatos, CA'95030 re: Hillbrook Application January 5, 2015 Page 2 A. The Fixed "Car Trip Limit is Reasonable a. The EIR Does Not Support Granting a CUP for Increased Enrollment On pages 3 -5 of the Hillbrook Letter, the school claims that the EIR supports its application for increased enrollment because the increase of 99 students will not have a significant impact on traffic conditions. That is not a correct reading of the-EIR, which relies on "baseline" conditions for its conclusions. "CEQA requires that public agencies "mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so." (§ 21002.1, subd. (b), italics added.) A project's environmental effects "are determined by comparison with the existing `baseline physical conditions. "' (In re Bay -Delta etc. (2008) 42 Cal.4th 1143, 1167.) Environmental problems that would continue to exist even in the absence of any project are "part of the baseline conditions rather than program - generated environmental impacts...:' (Id. at p. 1168.)" (Paulekv. Department of Water Resources (2014) 231 Cal.AppAdi 35, 44 — italics in original, bold added for emphasis.) Therefore, the EIR preparer was required to assume the baseline traffic conditions present at the time it studied whether another 99 students would create additional negative traffic impacts on the neighborhood. However, the Town Council is not required to look at the current traffic conditions the same way as an EIR preparer when considering whether to grant a CUP. The Town Council should consider whether the traffic conditions already cause a loss of the residential neighborhood characteristics such that any additional enrolhnent will contribute to the current poorly managed traffic surrounding the school. The evidence presented by neighbors and in the planning department's records more than establish that the amount of traffic during peak pick -up and drop -off periods and throughout the afternoon between 3:45 P.M. and 6:00 P.M. have been disruptive to the community, poorly managed, and inconsistent over the years. The Hillbrook Letter references a "small faction of neighbors" as supporting stringent traffic controls in the CUP. (Page 6.) The three days of videotaped hearings do not support that there are just a few neighbors who have found the current traffic conditions untenable. An aggravating circumstance has been the school's inconsistent handling of the parents' transportation plans. When Hillbrook wants the Town to grant a modification of its use permit, it successfully reduces vehicle trips to the school. Other times, the traffic trips have exceeded anything that would be consistent with reasonable management. During the hearings, Hillbrook admitted that it does not require mandatory carpooling or use of the shuttles, which would reduce the number of car trips, if practiced consistently by the school. Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 re: Hillbrook Application January 5, 2015 Page 3 b. The TDM Will Not Reduce the Car Trips without a Fixed Limit on Car Trips On page 4 of the Hillbrook Letter, the school asks the Council to assume that the traffic demand management plan (TDM) will reduce car trips. The TDM accomplishes nothing other than providing suggestions towards achieving that goal. The TDM has no performance requirements, not even that parents use carpools, shuttles, or busing as a condition of their enrollment contracts with the school. The COA for implementation of the TDM does not assure that Hillbrook will actually reduce the car trips, as opposed to later arguing that it was unable to reduce the number of them, but was in compliance with the COA for the TDM because it tried some of the suggestions which proved unworkable. c. The Fixed Limit on Car Trips Provides a Clear and Enforceable COA for the School to Follow On page 9 of the Hillbrook School Letter, without citing any evidence, the school claims that the Town has always used averaging for car trip limits in COAs and that it has become a "precedent" to continue the pattern. It expresses concern that a fixed limit will cause "excessive enforcement." These concerns are illogical and disturbing. The principle behind a fixed car trip limit is that the school should stay completely away from hitting that limit. Hillbrook's management should be able to quickly implement procedures, including mandatory carpooling and busing, that will prevent car trips that come close to the limit. In Ms. Piper's letter, she describes the neighborhood's experience with a CUP using averaging for car trips. Because there is no fixed allowable car trip number in the COAs or any clear definition of the term "employee," Bentley has "gamed" the system to do as it pleases. Instead of reducing contentiousness between Bentley and the neighborhood, the lack of clear, enforceable language in the COAs has increased trust issues and intensified neighborhood concerns that the school will continue, as it has in the past, increasing its uses of the property without city approval and without any input from the neighbors. What began as over five years of city process has now turned into a never - ending repetitive enforcement workload for the city planning department. d. Hillbrook Does Not Have a Vested Right in "Averaging" Car Trip Limits and There is Sufficient Nexus for the Town to Impose a Fixed Limit On page 10 of the Hillbrook Letter, the school correctly states that it has a vested right to the current enrollment of 315 students under the existing CUP. Unless the Town chooses to hold a public hearing regarding the school's noncompliance with its use permit, it cannot reduce that number or apply new conditions to the permit. In the event that the Town does choose to hold an abatement hearing over noncompliance with the use permit, the door would open very wide for changes to the existing use permit, including reducing the current enrollment. Hillbrook could Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 re; Hillbrook Application January 5, 2015 Page 4 appeal the findings and reduction in enrollment or addition of COAs, including in court, but the Town's police powers allow it to abate non - compliance with use permits. In this instance, Hillbrook has applied for a modification of its use permit to add students and it cannot obtain that modification without the Town having the legal ability to add conditions to the existing use permit. Even if it only adds a small number of students, the Town has the legal right to modify the use permit COAs to prevent negative impacts on the neighborhood from the school's operation, including the amount of traffic that it generates. The Town also has the right to deny the application for the modified permit if it does not meet the criteria for a CUP under the Town's zoning code. Therefore, there is sufficient "nexus" between adding more students and placing a fixed limit on car trips in the CUP. B. The Enrollment Should Not be "Phased;" Instead, the Council Should Grant a Small Number of Additional Students at this Time or Deny the Application Hillbrook understands that the CUP currently approved by the Planning Commission would allow it to increase its enrollment by 99 students, phased in over a three academic -years period, depending on whether Hillbrook complies with the 880 trip limit. (Hillbrook Letter, page 2.) This method of addressing increased student enrollment creates a legal conundrum and logistics problems for planning staff. Once the Town grants a CUP for 99 additional students, the permission to have those 99 students becomes a "vested" property right of the school. The issue of whether it is in compliance or out of compliance at the end of each year is always debatable, especially when relying on averages for the 880 trip limit. Pulling back the permission in the CUP to increase enrollment by 99 students is not legally or realistically possible without an administrative hearing that provides due process to the school. With enrollment phases, a school with a history of use permit noncompliance will simply increase its enrollment when it feels like it and then argue that it has a "vested right" to do so under the phasing provisions in its CUP. When that occurs, the planning department's only recourses are either to hold a time consuming and expensive administrative hearing to modify or revoke the CUP, or hold a hearing before the Planning Commission to "legalize" the over - enrollment. The better strategy would be for the Town Council to increase the enrollment substantially less than what is requested now. Hillbrook will have to file a new application for modification of the CUP later on - - after the Town sees how well it does with complying with the COAs. To avoid the "vested right" argument and maintain control over the traffic conditions surrounding the school, the CUP needs to include specific, enforceable COAs and not grant more increased enrollment than even necessary, according to Hillbrook. On page 6 of the Hillbrook Letter, the author states, "We will spend 3 to 5 years carefully adding students so that our school can continue ..." Therefore, granting a permit for less than the requested number of total students in the application should not pose a problem for the school. Furthermore, the Town Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 re: Hillbrook Application January 5, 2015 Page 5 Council has liberal discretion under the Town's zoning code provisions to decide what level of increased enrollment will avoid diminishing the quality of life for the neighborhood. The fact that the Hillbrook Letter claims entitlement to various rights, but does not acknowledge responsibility to be "a good neighbor" or a "responsible citizen" should further cause the Council to use caution in granting the CUP for the full increase of 99 students. I anticipate that the school will continue arguing, as it does on pages 4 -6 of the Hillbrook Letter that it needs permission for the total 99 students so that it can plan its curriculum, class sizes, and overall program. However, every school faces the exact same challenges of not having control over how many students will be in each grade per academic year, adjusting curriculum for the students who attend the school each year versus the estimates of who will attend, and handling staffing to meet individual student educational needs. Other schools in the area have sufficient skilled managers to meet those challenges year after year without asking municipalities for help or to loosen up a CUP's traffic rules. Hillbrook should not expect the Town to solve internal management issues as part of considering the application for a modified CUP. C. The Town Council Should Pin Down Whether Hillbrook is Agreeing to the Penalty Provision and if Not, Deny the Permit The Hillbrook Letter goes back and forth regarding the penalty provision. On page 2, it references the penalty provision as an example of a voluntary accommodation the school has made towards the neighborhood and Town. But then on page 10, it complains about the imposition of the penalty provision under the COAs, which differ from the COAs Hillbrook itself requested. Without Hillbrook's agreement to subject itself to the penalty provision, and in the event that the school violates the use permit, the Town would be required to hold a public hearing to revoke or modify the use permit. The requirement for a hearing emanates from "due process" rights - - a governmental agency cannot take away the use permit or modify it without a hearing and the holder of the permit has appeal rights. Penalty provisions normally do not arise with property owners who have been in compliance with their use permits. They arise when there is a history of noncompliance and the municipality has the choice to either grant or deny the permit. The applicant can avoid denial of the modified permit altogether by agreeing to subject itself to COAs that the municipality could not otherwise impose. The proffered COAs can include anything including, but not limited to paying for traffic calming not directly adjacent to the subject property, paying money into a fund for environmental improvements in a location that is not near the subject property, or penalty provisions for possible violations of the CUP. Once the property owner agrees to subject itself to a voluntary COA, it is included in the CUP and is legally enforceable, and the property owner cannot raise objections to its inclusion in the CUP. The property owner typically waives on the record "due process" rights, allowing the penalty provision's inclusion in the CUP. Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 re: Hillbrook Application January 5, 2015 Page 6 Therefore, the Town should pin down the school as to whether it is voluntarily accepting the penalty provision. If not, the Town Council should deny the permit. Penalty provisions are effective in preventing noncompliance and ultimately, in saving public resources that would otherwise be expended on administrative hearings. The Hillbrook Letter does not support a finding that the school will comply with the CUP conditions, or that it even accepts that it has a duty to contribute towards safe and uncongested traffic conditions. D. Conclusion Hillbrook never really explains what harm will befall it if the Town imposes a fixed car trip limit such that the school has to implement procedures to comply with it. At most, one can imagine that some parents may choose to leave Hillbrook so that they can drive their children to school in single occupancy cars. Perhaps, a parent might sign the school's contract requiring mandatory use of carpooling, shuttles, or busing, and then violate the contract, forcing the school to terminate the relationship. There might be more cost for additional shuttles or for extra shuttles on rainy days or for special event days. However, these potential costs pale in comparison with the school's duty to reduce traffic congestion for the benefit of the Town, the neighbors, the school's employees, and its own students. Thank you for considering my comments. Very truly yours, Leila H. Moncharsh, J.D., M.U.P. Veneruso & Moncharsh LHM:lm cc: LG CATS Dear Mayor, and members of the Los Gatos Town Council, I am writing as a resident of Los Gatos of 16 years. Our son Remy, is currently in his 4" year at Hillbrook, after spending 2 years at Greenhill's. Hillbrook has requested a CUP modification to further improve its curriculum, in particular for the middle school. As Remy will enter middle school in a few years, his mom Andrea and I are in support of this modification to support our son's education. Hillbrook School has been in its current location since the 1930s. Hillbrook's oldest neighbors purchased their homes decades after the school was established. Certain residents of the Hillbrook neighborhood are against improving the education at Hillbrook, as is unfortunately evident by the innuendo and misinformation that was presented in an attempt to convince the Town Planning Commission, which may have been successful, as the Planning Commission did not follow the recommendations from its own staff report. It is blatantly evident from public documents that these residents are acting out of self- interest, as there is no evidence of harm. The same residents are now attempting to convince the Town Council from reversing the strict CUP modifications the Planning Commission required in its October decision, which appear to be unconstitutional. There is significant evidence that in the past four years, the Hillbrook community has successfully implemented measures to reduce the impact of the schools traffic on the Hillbrook neighborhood. I urge the Town Council to reverse the decision by the Planning Commission, and approve the proposal put forth to own Council by Hillbrook School on December 111. Thank you on behalf of concerned Hillbrook student parents. Sincerely, Jan Komtebedde 23360 Deerfield Road Los Gatos, CA, 95033 Los Gatos, December 2014 Marcia Jensen, Mayor of Los Gatos Members of the Los Gatos Town Council 110 East Main Street RECEIVED Los Gatos, CA, 95030 JAN ' 5 2015 Re: Los Gatos Planning Commission decision - Hillbrook School CUP TOWN OF LOS GATOS PLANNING DIVISION Dear Mayor, and members of the Los Gatos Town Council, I am writing as a resident of Los Gatos of 16 years. Our son Remy, is currently in his 4" year at Hillbrook, after spending 2 years at Greenhill's. Hillbrook has requested a CUP modification to further improve its curriculum, in particular for the middle school. As Remy will enter middle school in a few years, his mom Andrea and I are in support of this modification to support our son's education. Hillbrook School has been in its current location since the 1930s. Hillbrook's oldest neighbors purchased their homes decades after the school was established. Certain residents of the Hillbrook neighborhood are against improving the education at Hillbrook, as is unfortunately evident by the innuendo and misinformation that was presented in an attempt to convince the Town Planning Commission, which may have been successful, as the Planning Commission did not follow the recommendations from its own staff report. It is blatantly evident from public documents that these residents are acting out of self- interest, as there is no evidence of harm. The same residents are now attempting to convince the Town Council from reversing the strict CUP modifications the Planning Commission required in its October decision, which appear to be unconstitutional. There is significant evidence that in the past four years, the Hillbrook community has successfully implemented measures to reduce the impact of the schools traffic on the Hillbrook neighborhood. I urge the Town Council to reverse the decision by the Planning Commission, and approve the proposal put forth to own Council by Hillbrook School on December 111. Thank you on behalf of concerned Hillbrook student parents. Sincerely, Jan Komtebedde 23360 Deerfield Road Los Gatos, CA, 95033 This Page Intentionally Left Blank Letter of Support for Hill brook School/ Joha nsson Family RECEIVED JAN - 5 P015 Leila & Joakim Johansson leilajohansson @mac.com TOWN OF LOS GATOS cell: 650- 454 -5717 PLANNING DIVISION Dear Mayor Jensen and Members of the Los Gatos Town Council: We are writing to request that the Town Council support Hillbrook School's appeal, overturn the Planning Commission's decision and convert the 880 vehicle maximum cap to an 880 average daily count. Our children attend Hillbrook School — a remarkable school whose innovative approach to learning, embrace of technology and commitment to inclusivity reminded us of why we chose to attend the Haas School of Business /UC Berkeley for our MBA education. Los Gatos should be proud to be home to a school as impressive as Hillbrook. The issue seems, to us, straightforward. When an expert authority on a matter relies on an established and accepted metric- in this case an average daily count- it seems only reasonable that one would utilize this same metric as a basis for future decisions. "Average Daily Traffic is the standard measurement for vehicle traffic load on a section of road, and the basis for most decisions regarding transport planning, or to the environmental hazards of pollution related to road transport". This is the metric relied upon by the State of California, Department of Transportation, Traffic Operations Division, and undoubtedly many other states as well. It is unclear and disconcerting to us how a local town planning committee can assume the expertise to overlook what is a generally accepted metric by traffic experts and arbitrarily impose a maximum count. Furthermore, Hillbrook School has gone above and beyond in addressing neighborhood concerns, as evidenced by their reduction of traffic and implementation of a mandatory TDM program with Third party reporting, monitoring, and penalties. The quantitative data- including Hillbrook's reduced car counts and the DEIR report findings that Hillbrook's increased enrollment would cause no significant impact to the neighborhood - speaks for itself. Qualitatively speaking, any of us would be hard pressed to find a school neighborhood in a thriving town with as little "traffic "as Hillbrook's. Finally, we would like to appeal to you on a personal level. The age group Hillbrook educates - approximately age five to thirteen- essentially represents their childhood. As parents and /or . grandparents, we all realize how fleeting this period we call childhood is. We know that the delight and squeal with which we are greeted by our young, school -aged children when we visit their classroom bearing treats for their birthday will sooner than we realize be replaced by indifference or- hard as it is to admit- likely embarrassment. It is our right as parents to capitalize on these moments and be present for our children while we can. As much as we'd like to think of ourselves as superheroes, walking up Marchmont while balancing two to three dozen hand - frosted birthday cupcakes would be a challenge at best. Letter of Support for Hilibrook School /Johansson Family By supporting Hillbrook's appeal and converting the 880 vehicle maximum count to an 880 average daily count you are respecting a universally accepted metric for traffic counts established by industry experts, acknowledging Hillbrook School's considerable and effective efforts at addressing neighborhood concerns, and allowing parents to do what families are allowed and encouraged to do at schools around the country- be there for our children during this limited moment in their lives. We ask that you make the only fair and reasonable decision: to overturn the Planning Commission's seemingly arbitrary decision and uphold an 880 vehicle average daily count. Sincerely, Leila & Joakim Johansson 33 Hiller Drive - Oakland, CA 94618 •510 843 -3828 - Susangpiper @gmail.com January 2, 2015 Los Gatos Town Council RECEIVED 110 E. Main Street JAN — 5- 2015 Los Gatos, CA 95030 TOWN OF LOS GATOS PLANNING DIVISION SUBJECT: The Negative Impact of Averaging at the Bentley School in Oakland Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: I am an active member of Neighbors for Safety in Hiller Highlands, a neighborhood group in Oakland that has been working to reduce the negative impacts of a local private school here, the Bentley School. I have shared some of our experiences with Barbara Dodson, and she asked me to write to you with my observations. Barbara tells me that your Planning Commission has approved a CUP for Hillbrook School that places an absolute limit on daily traffic. She has also let me know that Hillbrook has filed an appeal whose major feature is opposition to this absolute limit and a request for the use of averaging. Here in Oakland, we have real issues with traffic monitoring for the Bentley School and the way in which the monitoring is managed. Because of our negative experience with averaging for the Bentley School, I encourage you to support the Planning Commission decision to use an absolute limit. Otherwise, there will never be good enforcement Here are issues we face. 1. Bentley traffic is monitored on a trimester basis. Thus, it takes at least 3 months to find noncompliance. I believe that your Planning Commission has been wise in authorizing monthly reporting of daily traffic numbers, which should reduce many of the problems we face here in Oakland. 2. Because under the Bentley CUP, monitoring is just for peak hours and thus can be anticipated, Bentley can manage parking on short notice to avoid exceeding limits. The school only has to delay arrivals for 5 minutes after monitors depart. 3. Because at Bentley monitoring only occurs during morning drop off and afternoon pick up without at least one annual base -line of an all -day count, the actual traffic count on the day of monitoring is unclear. This becomes even more of a problem if the school reaches or exceeds the total car trip limit based on just those few hours of the day. We wish we had the full -day counting that is part of the CUP approved by your Planning Commission. 4. Under the Bentley CUP, Bentley can be significantly over limits for almost 3 months and then be under for the last day of the third month when inspection happens again and the slate is clean again for another trimester averaging process. There are 3 trimesters so they could just bring the average down on just the third inspection day of each trimester to be in compliance. For months during which the school has days when it exceeds its traffic limit, maybe there could ba- a,process agreed upon: following the month that has daily numbers higher than the limit, the school needs to provide data on how it is working to reduce traffic - -in our case, theschool has a written Traffic Demand Management Plan that says they will give progressive warni ings to violators, but they never report how many warnings they give each month, and how many are 1 st, 2nd, or 3rd warnings. It would be best to have monthly reports with transparent reporting of efforts made to reduce the traffic -- how many carpools of 3 or more, bus riders, etc. Then their efforts to manage their traffic would be a true traffic management effort, rather than just lip service. Another related issue is who is being counted. We have had problems because the city does not have a standard definition of employee. As you may know, schools often employ contracted teachers rather than employees. We are trying to get the City of Oakland to use a standard definition, such as the IRS definition or the State Labor Standards definition. Whether the person receives a W -2 or a 1099, he or she still generates traffic. A contracted music teacher, for example, is still a teacher regularly coming to campus. The Bentley CUP has a maximum number of employees (with no definition) and maximum number of students. Bentley is required to provide a list of employees at least once a year (better every semester, we think.) Unfortunately, no names are listed and titles change so it is difficult to track who is actually there. Recently we discovered that Bentley has 82 employees; the CUP limits employees to 71. We encourage you to require transparency in regard to employees to avoid the problem we now face in documenting this CUP violation and getting the City to deal with it. We recommend that you require the school to submit at the beginning of each semester a list of employees that includes names and job titles. I hope that you find these thoughts and suggestions useful as you move forward with your deliberations. Sincerely, . P(_� Sue Piper Neighbors for Safety in Hiller Highlands January 5, 2015 Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 RECEIVED JAN -5 2015 TOWN OF LOS GATOS PLANNING DIVISION Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: We are writing to you on behalf of LG CATS. We believe that Hillbrook's appeal supplement dated December 1, 2014 makes arguments and statements that do not stand up or which open up additional issues. This letter contains rebuttals of Hillbrook's grounds for appeal and discussions of a number of the school's arguments and statements. For your convenience, here is a "table of contents" showing what you will find in this letter. SECTION 1: Rebuttals to Hillbrook's Grounds for Appeal Rebuttal to Hillbrook Ground 1 Neighbors have not distorted the TIRE Index. TIRE does provide significant data points on which to base decisions about appropriate levels of traffic in residential neighborhoods. Neighbors previously put forward clear scenarios showing that Hillbrook is quite capable of achieving much lower traffic numbers. Further data points show that Hillbrook should he able to keep its traffic below an 880 limit. Rebuttal to Hillbrook Ground 2 Hillbrook's claim that the school cannot avoid exceeding the 880 limit with 315 students and could thus lose its vested right to 315 students is unsubstantiated. Averaging is NOT the norm in establishing traffic rules for schools. Rebuttal to Hillbrook Ground 3 SECTION 2: Other Issues Raised by Hillbrook's Appeal Supplement Legal Issues and Rights Hillbrook has jeopardized its vested rights through misrepresentations, unfulfilled promises, and negligent prediction of future actions made to induce political support. Local residents have protectable interests, too. 9 The FEIR is just one source of evidence. The Council is required to 10 consider the observations and opinions of neighbors as substantial evidence. Rights Expressly and Not Expressly Permitted in the 2001 CUP 11 Clean -Ups 14 Exhibit A: Scenarios for Traffic Reduction 15 Exhibit B: Highly engaged neighborhood votes massively against Hillbrook 21 expansion Response to Hillbrook Appeal Supplement of December 1, 2014 SECTION 1 :.REBXJTTALS TO HILLBROOK'S GROUNDS FOR APPEAL Hillbrook Ground 1: The modified conditions were not supported by data or substantial evidence 'in -the record: ' Hillbrook is incorrect in stating that "the Planning Commission erred in its interpretation/ application of the TIRE index to support the imposition of an 880 maximum cap." (page 8) Neighbors have not distorted what the TIRE Index says. TIRE does provide significant data points on which to base decisions about appropriate levels of traffic in residential neighborhoods. Hillbrook claims that "select neighbors" have "distorted" a data point from the TIRE Index to show that traffic above 890 daily vehicle trips would create a "severely impacted residential environment." There has been no distortion. Neighbors simply pointed out what is clearly stated in the EIR itself. (EIR p. 4.3 -29: "A street with a TIRE value of three or greater is considered to function primarily as a traffic street and exhibit a significantly impaired residential environment." Los Gatos classifies upper Marchmont as a "local street," not a "traffic street. ") Far from "distorting" information, neighbors merely presented information from the TIRE Index itself, which includes a table showing what experts consider to be low, moderate, heavy, and very heavy levels of traffic on residential streets. We show the relevant section of that table on the next page. In the table, the 3.0 level and the label "heavy traffic" begin with 891 daily vehicle trips. If the Town accepted Hillbrook's request to use an 880 average, Hillbrook would frequently have days when it generated 891 vehicle trips and above. Combined with what ITE computations show normal traffic for upper Marchmont should be-324 daily vehicle trips —upper Marchmont would always have a "significantly impaired residential environment." Since upper Marchmont is a low density residential zone, such a level of traffic cannot be sanctioned as it would substantially impair the integrity of the zone. Response to Hillbrook Appeal Supplement of December 1, 2014 TIRE index Ranges TIRE Index start Daily Volume End Daily Volume Volumes to Cause +0.1 Change In TIRE Index Start I Mid End Traffic Volume Description Recommended Vur se 1.5 29 35 7 8 9 low Residential 1.6 36 44 9 11 12 low Residential 1.7 45 56 12 13 14 Low Residential 1.8 57 70 14 17 19 Low Residential 1.9 71 89 19 20 21 Low Residential 2.0 90 110 21 26 30 Moderate Residential 2.1 111 1 140 30 35 40 Moderate I Residential 2.2 141 180 40 40 40 1 Moderate Residential 2.3 181 220 40 50 60 Moderate Residential 2.4 221 280 60 1 65 70 Moderate Residential 2.5 281 350 70 as 100 Moderate Residential 2.6 351 450 100 105 110 Moderate Residential 2.7 451 560 110 130 150 Moderate Residential 2.8 561 710 150 165 180 Moderate Residential 2.9 711 890 180 195 210 Moderate Residential M 891 1,100 210 255 300 Hi h Residential 3.1 1101 1400 300 350 400 High Residential 3.2 1,401 1,800 400 .400 400 1 Kgh I Residential Furthermore, neighbors previously put forward specific, reasonable scenarios showing that Hillbrook is quite capable of achieving much lower traffic numbers. These scenarios are part of the record. Therefore, the modified conditions ARE supported by data and substantial evidence. The traffic scenarios are resubmitted as Exhibit A, which begins on page 14 of this document. Further data points show that Hillbrook should be able to keep its traffic below an 880 limit. at The Institute of Transportation Engineers (ITE) Trip Generation Manual reports that the average daily traffic for K -12 private schools with 315 students is 781 daily trips. This is the daily average traffic that Hillbrook should have been achieving all these years. (There is no ITE trip generation rate for K -8 private schools.) • The 880 number was achieved BEFORE TRAFFIC MITIGATION. • According to the FEIR, by spring 2013, Hillbrook had reduced traffic to an average of 814. Based on this, Hillbrook has wiggle room so that it can stay below 880, especially since it claims it will take new mitigation measures. a This fall, Hillbrook appeared to reduce its traffic even further. If it were to release its fall 2014 numbers, we would probably see that Hillbrook can easily keep its traffic below an 880 limit. Hillbrook Ground 2: The modified conditions could abridge Hillbrook's vested right to 315 students. Hillbrook's claim that the school cannot avoid exceeding the 880 limit with 315 students and could thus lose its vested right to 315 students is unsubstantiated. Response to Hillbrook Appeal Supplement of December 1, 2014 Using the numbers in its Exhibit B (page 30), Hillbrook argues that because it did not keep its traffic below 880 on each day between January and June 2014, it cannot do so going forward. The data, in fact, shows that Hillbrook CAN achieve the 880 limit on normal days and, with planning, could do so on ALL days. • Hillbrook had no requirement to meet a specific limit when the numbers in Exhibit B were collected. Knowledge of a specific limit will motivate Hillbrook to finally institute effective traffic mitigation. • The spring 2014 numbers were achieved using only voluntary parent participation in busing and carpooling. When these numbers were collected, effective mitigation measures were not yet in place. • A mandatory program requiring participation by all parents would produce much lower traffic numbers. • Hillbrook's Exhibit B shows steep increases in traffic on certain days. Having a limit should encourage Hillbrook to plan for these days by using remote parking and shuttling or other traffic reduction approaches to reduce its impacts on local streets. This is what one local winery does when it holds large events. Dumping large amounts of traffic on Marchmont Drive whenever it feels it needs to should not continue to be Hillbrook's de facto operating plan. An 880 limit on Hillbrook would therefore not abridge Hillbrook's vested right to 315 students.. If Hillbrook requires full participation in a mandatory traffic management program and plans for days with large activities, it can easily avoid the financial penalties that it states would cripple the school. Its Exhibit B in no way proves that the school cannot achieve the 880 limit. Averaging is NOT the norm in establishing traffic rules for schools. Traffic engineers use averaging methodology to analyze projects as Hillbrook states. However, averaging methodology is NOT THE NORM in establishing traffic rules for schools. In general, schools use maximums, also referred to as "target driveway counts" and "limits." Below are examples of nearby schools that use maximums. You will see that these examples focus on peak periods. This may be because these schools do not have the extensive recreation - department -style afterschool activity schedule that Hillbrook offers. As has been shown elsewhere, these afterschool activities cause Hillbrook to have more traffic outside of peak periods than during peak periods. Harker School (now and when the school reaches 600 students). Harker on Union recently was the subject of a plan for traffic mitigation. The following information is from a City of San Jose report dated November 2, 2012. (httt)://www.sanioseca.gov/planning/eir/Nd2/2012/PD12-027 hanker /traffic responses pdfl Response to Hillbrook Appeal Supplement of December 1, 2014 4 The TDMis an adaptive mitigation measure that contains multiple tools to meet the target driveway count of 370 inbound and outbound "peak hour trips including 20 shuttle trips. The tools could include but are not limited to carpool, shuttle, teacher incentive, pay to drive, etc. All the details of the TDMprogram have not been determined but the overall goal is defined. The project will be required to demonstrate conformance through monthly driveway counts. Menlo School (780 students). This material comes from the Town of Atherton, Planning Commission Approved Conditional Use Permit Certification, approved on June 22, 2011, for Menlo School. On page 4, it states that the school shall Implement a Transportation Demand Management (TD) program to reduce the number of vehicle trips generated in the first year (School year beginning August 2011) to a maximum of 711 trips in the morning peak hours and a maximum of 332 trips in the afternoon peak hours, and to a maximum of 627 and 302 trips, respectively, during the morning peak hour and the afternoon peak hour by the end of the second year (School year beginning August 2012) and continuing thereafter for the life of this Conditional Use Permit. Crystal Springs Upland School (Belmont) (no numbers available, expansion was rejected). Below is a description of the traffic management program at Crystal Springs Upland School in Belmont, California from Trustee Wendy Buckley. Everything in the traffic management program is mandatory. The school will commit to a maximum number of vehicle trips during peak am and pm hours in the Development Agreement, and then will have to live within those limits. Parents who are interested in sending their children to CSUS will have to commit to participating in the bus /carpool /shuttle program. This is something that independent schools can do that public schools cannot —make participation in this sort ofprogram a condition of enrollment. I have seen it work at another school in Menlo Park Carpooling was not optional; it was mandatory to stay within certain trip limits. The school's compliance with the traffic management program will be monitored regularly (at the school's expense), with fines and other penalties for non - compliance. Woodland Hills Private School (Oxnard) (312 students). This material is contained in the Woodland Hills Private School description of its transportation program. As of November 15, 2002, WHPS was granted a conditional use permit to increase the total daily enrollment to 312 students at the Oxnard Response to Hillbrook Appeal Supplement of December 1, 2014 campus. In order to satisfy the conditions of the permit, our immediate neighbors and the city of Los Angeles, the School has agreed to develop a transportation program in order to control the traffic increase accompanying the expansion. One key measurement of the compliance of the condition is the AMpeak hour trip -limit of 226 car trips. Other schools that have trip ceilings include the Buckley School in Sherman Oaks (b–q://www.bucklqy.org/about/our-future-caTn-ous/fa A and the Archer School for Girls in West Los Angeles (www.archer.ore). One school that uses averaging is the Bentley School in Oakland. The Bentley School has 360 K- 5 students. It has afterschool sports, but its CUP does not authorize afterschool enrichment programming. Its CUP requires that it maintain an average of no more than 242 vehicle trips during any one -hour monitoring period. According to lawyer Leila Moncharsh, who represents parents in the area surrounding the school, here is what happens there. Our experience has been that instead of focusing on reducing car trips to and from the campus, the school focuses on "gaming the averages." All it takes to bring the school into compliance with the average vehicle trip count cap is for the school to have a half -day or a closed day of school to bring itself into compliance. The neighbors are unhappy because they see the daily violations and then complain to the planner that the average count does not adequately reflect the negative impact on their neighborhood from excessive car trips. It would have been far better to have a set number for the school to use as a "no more cars" rule that it must comply with than the averaging method. Averaging is NOT the appropriate method to control school traffic for the following reasons: 1. Averaging encourages the school to focus on "working the numbers" rather than on mitigating traffic. 2. Setting a maximum/limit encourages ongoing, daily traffic mitigation. Averaging encourages a school to look for loopholes, exceptions, and work - arounds. 3. Averaging creates uncertainty. Residents would like to know what kind of traffic to expect from day to day and therefore want to have absolute daily limits. 4. Averaging subjects residents to an impaired residential zone approximately half the time. 5. Averaging overburdens the Town's resources by creating an overly complicated system. The simple approach —at 880 you are in compliance, at 881 you are NOT — allows for much easier enforcement. 6. The school already has frequent low traffic count days such as when it runs school break activities, activities off campus, when some grades are not in session, etc. This would skew the average traffic count much lower, allowing some days when the count is very high. Agreeing to an average trip count for Hillbrook will encourage Hillbrook to continue and perhaps increase the number of days it holds these extracurricular activities so as to help with its average. Residents should not be exposed to extreme levels of traffic Response to Hillbrook Appeal Supplement of December 1, 2014 that are then justified because they are balanced by days of low traffic, when on those days, there should be none. 7. The previous peak period exit limits of 165 were for each day. Allowing an average limit means that on some days the current peak period exit limit of 165 could be far exceeded. Total peak period traffic both in and out could for some days also far exceed historical averages of 346 and 349 for the AM and PM peak periods respectively. This would be a clear harm since it would subject the neighborhood to extreme concentrated levels of traffic. Higher levels of morning traffic substantially increase the dangers for children going to local public schools. 8. The days with high averages are likely to be those when Hillbrook has extensive afterschool activities, bringing excessive traffic to the neighborhood at times neighbors expect to be able to enjoy their residential environment. The 2020 General Plan and the Town Code require that Hillbrook be allowed to operate only under conditions that ensure no impairment to the integrity and character of the low density residential zone in which it resides. The Town should not permit Hillbrook to impair the zone "on average." Hillbrook Ground 3: The modified conditions do not have the necessary nexus to the project or its impacts, in violation of constitutional principles. The modified conditions relate directly to the traffic and noise impacts the project would create in the neighborhood and are aimed at reducing these impacts. The record amply documents the relevance and appropriateness of the modified conditions to the project and its impacts. The nexus is clear. SECTION 2: OTHER ISSUES RAISED BY HILLBROOK'S APPEAL SUPPLEMENT LEGAL ISSUES AND RIGHTS Hillbrook has jeopardized its vested rights through misrepresentations, unfulfilled promises, and negligent prediction of future actions made to induce political support. Hillbrook's current application to increase enrollment follows upon misrepresentations, unfulfilled promises, and negligent predictions of fixture actions from 1999 -2001 that were made to induce political support. According to California Land Use Practice, the continuing legal education handbook published by the California Bar Association, court decisions have made it clear that "No vested right is created when an agency is misled into issuing a permit by deliberate misrepresentations by the Response to Hillbrook Appeal Supplement of December 1, 2014 developer." See Arviv Enters. Inc v South Valley Area Planning Comm'n (2002) 101 CA4th 1333 and Stokes v Board of Permit Appeals (1997) 52 CA4th 1348.1 Indeed, according to another authoritative text, Curtin's California Land Use and Planning Law, "a developer's misrepresentations, unfulfilled promises, and negligent predictions of future actions made to induce political support may be actionable. "2 See Lacher v. Superior Court, 230 Cal. App. 3d 1038,1046-47 (1991). In the Curtin's summary, "the court held that willful and negligent misrepresentations made to a homeowners' association that its members' views would not be affected by the developer's residential beachfront project were actionable since they induced the association to support the proposed development before the local planning commission. "3 The 2001 CUP conditions were designed specifically to address the increased traffic burden Hillbrook had placed on the neighborhood through its expansions in the 1990s. The enrollment cap (at 315, in place since 1984) was reiterated, and Hillbrook gave assurances that it would NOT seek to expand. The neighborhood was concerned that Hillbrook's ultimate motive in building new, larger buildings was to expand its enrollment. The school gave repeated assurances that this was not the case. Here is what then Head of School Sarah Bayne wrote in a letter dated October 2000, addressed to the Planning Commission: There has been continued suggestion that the school's master plan indicates its interest in increasing its population and overall size of the school. At no point has Hillbrook ever requested a change in its Conditional Use Permit, which limits the school's population to 315. (Emphasis in the original.) Here is what Jim Hilton, then school Business Manager, stated in a December 28, 1999 letter to the Town of Los Gatos: Our school structure will remain the same two classes for each grade kindergarten through eight for a total of 315 students... It is not Hillbrook's intent to increase enrollment but to have a safe up -to -date educational facility for our students and campus that fits in with the Los Gatos Community and neighborhood. Additional documentation of these misrepresentations from 1999 -2001 is available upon request. ' Adam V. Lindgren and Steven T. Mattas, eds., California Land Use Practice. Continuing Education of the Bar, California, including September 2014 Update, § 16.22. 2 Cecily Talbert Barclay and Matthew S. Gray, Curtin's California Land Use and Planning Law, Thirty- Second Edition, Solano Press Books, 2012, p. 509. ' Ibid. Response to Hillbrook Appeal Supplement of December 1, 2014 Hillbrook's current quest for a new CUP has also included numerous misrepresentations. Here are just three of them: Through the time of the May 2014 neighborhood meeting, Hillbrook continued to publicly deny any overenrollment. In the September 24, 2014 Staff Report, staff reported that Hillbrook had had numerous years of overenrollment. Hillbrook has since stopped making the claim it has not overenrolled. • Hillbrook claims it has had no violations. In fact, the Town had to order Hillbrook to do the following in order to end several violations: (a) stop holding weekend interschool tournaments since these were explicitly prohibited in the 2001 CUP; (b) move three conferences planned for the Hillbrook campus to other locations since these conferences involved third -use rentals of the property; (c) commit to not allowing Steve & Kate's Camps to use its property at any future time. (This independent camp had at least 900 campers on the Hillbrook campus during summer 2011.) • In its neighborhood meetings in November - December 2013 and May 2014, Hillbrook continually stated that it could raise enrollment without increasing traffic. But when Hillbrook's made its actual proposals in July 2014 and then in September 2014, it proposed to increase traffic from an average of 880 (if you use the 2011 average) or 814 (if you use the 2013 average) to a 960 average with an allowance for traffic to go as high as 1,200 daily trips. At that time, it made the unsubstantiated claim that traffic had been at that level since 2001. • In March 2013, when the Town Council evaluated neighbors' allegations of Hillbrook violations of the CUP, Hillbrook misrepresented its relationship with Breakthrough Silicon Valley. Hillbrook told Staff that Breakthrough Silicon Valley was a Hillbrook- run program. As a result, the Council permitted the program to continue on the Hillbrook campus during the summers. In fact, Breakthrough Silicon Valley is part of the Breakthrough Collaborative, a national, educational intervention organization founded in San Francisco in 1978 as Summerbridge. Hillbrook has nothing to do with creating Breakthrough's curriculum, hiring its staff, or selecting its students. Breakthrough Silicon Valley uses the Hillbrook campus in spite of the 2001 CUP prohibition against third -party use. Local residents have protectable interests, too. Citing the Pettit v. Fresno case, an article in the UCLA Journal of Environmental Law noted that "A single inappropriate project can have potentially serious consequences on the quality of life for local residents in terms of traffic, noise, safety, overcrowding and scenic views as well as property values." The article quoted the Pettitt case as follows:4 ° Allan David Heskin and Mark Garrett, "When Planning Fails: Protecting the Neighborhood in Vested Development Rights Disputes," UCLA Journal of Environmental Law and Policy 6(2), p. 187. Response to Hillbrook Appeal Supplement of December 1, 2014 In the field of zoning laws we are dealing with a vital public interest not one that is strictly between the municipality and the individual litigant. All the residents of the community have a protectable property and personal interest in maintaining the character of the area as established by comprehensive and carefully considered zoning plans in order to promote the orderly physical development of the district and the city and to prevent the property of one person from being damaged by the use of neighboring property in a manner not compatible with the general location of [the property in issue). These protectable interests further manifest themselves in the preservation of land values, in aesthetic considerations, and in the desire to increase safety by lowering traffic volume.... Thus, permitting the violation to continue gives no consideration to the interest of the public in the area nor to the strong public policy in favor of eliminating nonconforming uses and against expansion of such uses.' Pettitt v. Fresno, 34 Cal. App. 3d 813, 822 -23, 110 Cal. Rptr. 262, 268 (1973). Hillbrook talks about its vested rights. Neighbors also have rights. • Neighbors have a right to enjoy their low density residential neighborhood without impairment by a nonconforming use that has historically failed to comply with the conditions of its use permit and intensified its use over time. • Neighbors have a right to expect the Town to protect the neighborhood in accordance with the letter and the spirit of the zoning code and the General Plan. • Neighbors have a right to assume that the Town will maintain control over the size of the school and not allow it to overwhelm the surrounding residential neighborhood. Just as neighbors must accept the burdens of living with Hillbrook's traffic, noise, and pollution, Hillbrook must accept that it cannot continue to cause deterioration to its neighbors' peace and enjoyment by intensifying the uses of its campus and expanding its programs and activities beyond what is reasonable for the neighborhood. Because of the location of and the limited access to the Hillbrook campus, the school should be limited to its current maximum enrollment. The FEIR is just one source of evidence. The Council is required to consider the observations and opinions of neighbors as substantial evidence when evaluating the Hillbrook application for an enrollment increase. In addition to extensive data LG Cats has provided at every step of this process, these observations and opinions constitute evidence that contradicts claims by the FEIR and Hillbrook that (1) an increase in Hillbrook traffic will have no significant impact and (2) there are no unsafe conditions and the existing roadways are performing in a satisfactory manner. The California Bar Association's California Land Use Practice manual notes: In arriving at its decision in a case involving the use of land, the court in Harris v City of Costa Mesa (1994) 25 CA4th 963, 973 (quoting Desmond v County of Contra Costa (1993) 21 CA4th 330, 337), stated: Response to Hillbrook Appeal Supplement of December 1, 2014 10 [I]t is appropriate and even necessary for the [local agency] to consider the interest of neighboring property owners in reaching a decision..., and the opinions of neighbors may constitute substantial evidence on this issue. Similarly, in Dore v County of Venture 91994) 23 CA4th 320, 328, the court of appeal stated: In reviewing a proposed project, the [local agency] is entitled to consider subjective matters such as the spiritual, physical, aesthetic and monetary effect the project may have on the surrounding neighborhood .... Findings which relate to private community concerns such as traffic, parting and visual impact are ones which fall within the domain of public interest and welfare.5 Citing different cases, Curtin's California Land Use & Planning Law makes the same point: Relevant personal observations also may be evidence.... See Citizens Ass'n for Sensible Dev. Of Bishop Area v. County oflnyo, 172 Ca. App. 3d 151, 173 (1985). Also, testimony at a public hearing describing various problems posed by the proposed development, including increased flooding and traffic, security problems, and health and safety risks, can support a city's findings in denying a development plan. See Lindborg/DahlInvestors, Inc. v. City of Garden Grove, 179 Cal. App. 3d 956, 962 -63 (1986); Placer Ranch Partners v. County of Placer, 91 Cal. App. 4th 1336, 1342 (2001)....6 Neighbors have provided relevant data, personal observations, and opinions. And it is not just "select neighbors," as Hillbrook asserts, who are involved in presenting information and supporting the neighborhood appeal. More than 60 neighbors spoke at the Planning Commission meeting, and almost 100 neighbors signed the appeal documents even though they were given only 36 hours to do so. (At least 20 additional people asked to have their names included after the deadline had passed.) The map marking the homes of people opposed to the Hillbrook expansion, which was displayed by Kim Vrijen and Tara Moseley at the Planning Commission meeting on September 24, 2014, clearly showed overwhelming neighborhood opposition to the Hillbrook expansion. More than 600 Los Gatos residents have signed a paper petition opposing any enrollment or activity increase. See Exhibit B on page 20 of this document for a graphic representation of widespread neighborhood opposition to a Hillbrook enrollment increase. 5 California Land Use Practice, op cit., § 16.22. §7.3. 6 Cecily Talbert Barclay and Matthew S. Gray, Curtin's California Land Use and Planning Law, Thirty - Fourth Edition, Solano Press Books, 2014, p. 483. Response to Mllbrook Appeal Supplement of December 1, 2014 11 Longmeadow, Marchmont, and other neighborhood residents have specifically testified to security issues related to summer campus use by unsupervised individuals; to noise issues; and to traffic and safety issues. This testimony must be considered as substantial evidence in addition to FEIR claims that there are no traffic or safety issues related to a Hillbrook enrollment increase. RIGHTS EXPRESSLY AND NOT EXPRESSLY PERMITTED IN THE 2001 CUP Hillbrook quotes Subsection E, "Actions Allowed by the Deciding Body," in its supplement (p. 6): "Substantial reliance by a property owner on the issuance of a CUP creates a constitutionally protected property right to conduct the permitted activity in conformance with the express . provisions of the permit." This raises the question: What was expressly permitted in 2001? Under a CUP, an entity is allowed only those uses that are expressly permitted. For example, a restaurant with a CUP specifying that it serves food cannot, on its own, decide that it will offer entertainment. Hillbrook has clearly exceeded the uses expressly permitted in its CUP. The Council should not now simply hand these uses over to the school when the school has not officially asked for them and has never justified them either to the Council or the neighbors. Since 2001, Hillbrook has added all the uses below; none are expressly permitted in its CUP. 1. Center for Teaching Excellence 2. Teacher training program 3. Breakthrough Silicon Valley 4. Up to 27 after - school enrichment programs 5. More than 315 students during school years and up to 1,100 students during summers 6. More than 10 nighttime activities 7. Weekend uses not specified in the CUP 8. Interschool competitions on weekends 9. Rental of its campus to numerous third parties, including Steve & Kate Camp, Saso High School Prep, and Santa Fe Leadership Center The Town Code gives further information as to the limitations under which a property owner with a "CUP must operate. Sec. 29.20.200. - Conditional use modification A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips. (2) Commencement of new activities that could have a material adverse impact on the surrounding area. Response to Hillbrook Appeal Supplement of December 1, 2014 12 (3) Any change that is a substantial departure from plans which were the basis of the conditional use permit approval. Here are current "intensifications of use," "new activities that could have a material adverse impact on the surrounding area," and activities that represent "a substantial departure from plans which were the basis of the conditional use permit approval." Many of these items are also listed in the above list of activities not expressly permitted in the 2001 CUP. IN 2001(when the current CUP was SINCE 2009 approved) School day ended at 3:15. Only daycare At the September 30 Planning Commission between 3:15 -6:00. meeting, Mark Silver says the school day ends at 6:00. No after- school recreation department -type Up to 27 recreation department -type activities activities offered between 3:15 and 6:00 Almost all student afternoon pickups occurring Afternoon student pickups continuous between during the peak period: 2:30 -3:45; only 2:30 -6:00 daycare pickups after 3:15 CUP says no interschool competitions can Interschool competitions on weekends through occur on weekends. Intramural competitions March 2013 when the Town Council orders only are permitted. Hillbrook to end them. CUP says Hillbrook cannot rent/lease its Starting in 2009, Hillbrook rents/leases the campus. campus to at least 8 third -party entities, including: Steve & Kate's Camp, Saso High School Prep, and Santa Fe Leadership Center. Rents/leases end only when the Town Council in March 2013 orders that they be ended. No Breakthrough Silicon Valley Third -party use by Breakthrough Silicon Valley during summers. No teacher training program Teacher training program for up to 13 trainees added in 2011; one director added to staff. No Center for Teaching Excellence Center for Teaching Excellence added in 2011 44 employees 85 employees 6 administrators 18 administrators 0 employees reported as "other" 10 employees reported as `other" Enrollment: 315 Enrollment: More than 315 in most school years and up to 1,100 during the summer CLEAN -UPS Page 11 of the appeal supplement lists several clean-ups. We disagree with some of these. Condition #3. Grounds and facilities maintenance. We ask that the hours stated in the conditions of approval approved by the Planning Commission remain in place. Hillbrook maintenance personnel should Response to Hillbrook Appeal Supplement of December 1, 2014 13 be off campus by 5:00 P.M. as stated in the conditions of approval so as to ensure quiet evenings with no Hillbrook traffic. Permission for grounds and facilities maintenance personnel to remain on campus until 9:00 PM should not be approved. Condition #3. Hillbrook Faculty /Administrator Weekday Work. Modify conditions relating to time to "7:00 AM to 6:00 PM." This gives Hillbrook faculty /administrator adequate work time before the school day begins while allowing peace and quiet in the neighborhood until the reasonable hour of 7 AM. Hillbrook's letter provides no reason why faculty /administrators should have to stay on campus beyond 6:00 PM. Neighbors ask that faculty /administrators leave campus by 6:00 PM so as to ensure quiet evenings with no Hillbrook traffic during the academic year. Neighbors also ask that faculty/ administrators leave campus by 3:00 PM during the summer so as to ensure quiet late afternoons and evenings. Sincerely, Barbara Dodson Don Dodson Patricia Elliot Response to Hillbrook Appeal Supplement of December 1, 2014 14 EXHIBIT A: Scenarios for Traffic Reduction Here are scenarios that clearly demonstrate that Hillbrook can easily function with a limit of 880 daily vehicle trips entering and exiting the campus with a student enrollment of 315. Using any of these scenarios would bring Hillbrook into compliance with the Town's 2020 General Plan, which includes the following policy: Policy TRA -3.12 The maximum level of mitigation measures shall be required for transportation impacts adjacent to sensitive SCENARIOS receptors, including residences, schools, and hospitals. SCENARIO I DAILY TRAFFIC FOR 315 STUDENTS USING MANDATORY TRAFFIC MITIGATION RESULT: DAILY TRAFFIC (entering and exiting): 598 Here are calculations for the current 315 students using Hillbrook's busing numbers from the September 30, 2014 Staff Report, statements about walking/biking from the September 24, 2014 Planning Commission meeting, 3 students per carpool, and staff numbers from the desk item titled "Goal of 480 Exits." The trips listed below are entering and exiting except where noted. The number 100 for visitors /trucks seems on the high side, but I am showing 50 visitors /trucks in the morning and midday and 50 in the afternoon. ' I � AlI1 3111 1 Walk/bike: 30 no vehicle trips 3 Buses: 110 students 6 trips Remaining 175 students in carpools of 3 or more 118 trips Employees (65) in individual cars 65 trips (entering only) Visitors/trucks: 50 100 trips MORNING + MIDDAY TOTAL: 289 total trios AFTERNOON Walk/bike: 30 no vehicle trips 5 Buses: 86 10 trips Remaining 199 students in carpools of 3 or more 134 trips Employees (65) in individual cars 65 trips (exiting only) Visitors/trucks: 50 100 trips AFTERNOON TOTAL: 309 total trips DAILY TRAFFIC with 315 students (entering and exiting): 598 Response to Hillbrook Appeal Supplement of December 1, 2014 15 SCENARIO 2 At its May 27, 2014 neighborhood meeting, Hillbrook said that it would instate a mandatory traffic program. To us, "mandatory" means Hillbrook requires all families to participate. Calculations show that, with a strong traffic mitigation program, Hillbrook should be able to keep its daily traffic below the 880 daily limit approved in the Planning Commission CUP as well as the 781 daily vehicle limit requested by neighbors. DAILY TRAFFIC FOR 315 STUDENTS USING MANDATORY TRAFFIC MITIGATION RESULT: DAILY TRAFFIC Ientering and exiting) 525 daily trips Suppose 30 students walked/biked and the remaining 354 students were bused to and from campus. Here is the daily traffic that would result: 30 students walk/bike no vehicles no vehicle trips 354 students 25 students per bus (in buses that carry 30) 60 round trips 69 staff/faculty 1 staff /faculty member per car 138 round trips 60 visitors /trucks 1 driver per vehicle 120 round trips TOTAL: 318 daily vehicle trips Suppose 30 students walked/bike and the remaining 354 students were in carpools of 3 or more students. Here is the daily traffic that would result: 30 students walk/bike no vehicles no vehicle trips 354 students 3 students per vehicle 472 round trips 69 staff /faculty 1 staff/faculty member per car 138 round trips 60 visitors /trucks 1 driver per vehicle 120 round trips TOTAL: 730 daily vehicle trips A combination of busing, carpooling, and walking /biking could result in daily traffic of roughly 524 vehicle trips (318 + 730/2). Response to Hillbrook Appeal Supplement of December 1, 2014 16 SCENARIOS 3 -7 Each of these scenarios keeps traffic below 481 daily trips at the Marchmont gate. We are not asking Hillbrook to follow any of these scenarios. We are simply supplying them to show that it is possible for Hillbrook to keep traffic below 481 daily trips on either of the two streets that provide access. Three of the scenarios involve the Ann Arbor access. Scenario 3: PreK -5`h Grade Students, Visitors, Faculty, Staff — Marchmont Gate 6`h -8`h Grade Students, Deliveries —Ann Arbor Gate Result: 284 Total Vehicle Passes on Marchmont 70 Total Vehicle Passes through the Ann Arbor Gate Since most of Hillbrook's middle school buildings are closer to the Ann Arbor side of campus, this scenario proposes that middle school students be dropped off on the Ann Arbor side of campus. Purpose Transport Marchmont: Total Vehicle Passes/In -Out Ann Arbor: Total Vehicle Passes/In -Out 15 Students / AM Walk/Bike 0 0 90 PreK-5th Grade Students /AM Buses 3* 6 0 30 6'-8' Grade Students /AM Bus 1 * 0 2 140 PreK -5 Grade Students /AM Carpool/min. 3 students 47 0 55 6"'-8o' Grade Students /AM Carpool/min. 3 students 0 18 69 Staff /AM Individual cars 69 0 15 Students /PM Walk/Bike 0 0 90 PreK -5 Grade Students /PM Buses 3* 6 0 30 6"-8"' Grade Students/PM Bus 1* 0 2 140 PreK -5 Grade Students /AM Carpool/min. 3 students 47 0 55 6'-8' Grade Students /PM Carpool /min. 3 students 0 18 69 Staff /PM Individual cars 69 0 15 Trucks Individual trucks 0 30 20 Visitors Individual cars 40 0 Totals per 24 hours 1284 170 *Buses have a capacity for a maximum of 30 students each. Larger buses are too big fm the neighborhood. Response to Hillbrook Appeal Supplement of December 1, 2014 17 Scenario 4: Students, Visitors -- Marchmont Gate Faculty, Staff, Deliveries —Ann Arbor Gate Result: 296 Total Vehicle Passes on Marchmont 168 Total Vehicle Passes through the Ann Arbor Gate Purpose Transport Marchmont: Total Vehicle Passes/In -Out Ann Arbor: Total Vehicle Passes/In -Out 15 Students / AM Walk/Bike 0 -- -- 0 120 Students /AM Buses 4* 8 0 180 Students /AM Carpool /min. 3 students 120 0 15 Students / PM Walk/Bike 0 0 120 Students/PM Buses 4* 8 0 195 Students/ PM Carpool /min. 3 students 120 0 69 Staff /AM Individual cars 0 69 69 Staff /PM Individual cars 0 69 15 Trucks Individual trucks 0 30 20 Visitors Individual cars 40 0 Totals per 24 hours 296 168 *Buses have a capacity for a maximum of 30 students each. Larger buses are too big for the neighborhood. Response to Hillbrook Appeal Supplement of December 1, 2014 18 Scenario 5: Carpooling Plus Busing /Marchmont Side Only Result: 372 total vehicle passes Purpose Transport Total Vehicle Passes/Marchmont: In/Out 15 Students/ AM Walk/Bike 0 120 Students /AM Buses 4* 8 180 Students /AM Carpool/min. 3 students 120 120 Students/PM Buses 4* 8 15 Students/ PM Walk/Bike 0 195 Students/ PM Carpool/min. 3 students 120 69 Staff /AM Min 3 staff carpool 23 69 Staff /PM Min 3 staff carpool. 23 35 TrucksNisitors 70 Total per 24 hours 372 Scenario 6: Busing for All Students /Marchmont Side Only Result: 256 total vehicle passes Purpose Transport Total Vehicle Passes/Marchmont: In/Out 315 Students /AM Buses 12* 24 315 Students/PM Buses 12* 24 69 Faculty/staff AM., PM Car /no carpooling 138 35 TrucksNisitors 70 Total per 24 hour 1256 *Buses have a capacity for a maximum of 30 students each. Larger buses are too big for the neighborhood. Response to Hillbrook Appeal Supplement of December 1, 2014 19 Scenario 7: All Traffic Going One -Way Enter at Marchmont Gate, Exit at Ann Arbor Gate Result: No more than 485 vehicle passes on Marchmont, no more than 485 vehicle passes on Ann Arbor One way of meeting a 485 daily limit on Marchmont Drive would be to have one -way traffic enter the school from Marchmont and exit through the gate at Ann Arbor Drive. Our thinking is that traffic entering the school on Marchmont would move through the current drop-off area. From there, instead of exiting at the Marchmont gate, it would turn right through the parking lot onto a newly created short road along the northern edge of the campus that connects to the Ann Arbor gate. As a result, Marchmont would receive 50% of Hillbrook traffic. Ann Arbor and Wollin Way could each receive just 25% of total Hillbrook traffic. An alternative to exiting onto Ann Arbor would be to have the new road go directly to a new exit at Shannon Road, bypassing the Ann Arbor gate. Having all traffic move in just one direction creates a safer situation especially at the Hilow bottleneck, where traffic usually backs up during the morning drop -off period. Response to Hillbrook Appeal Supplement of December 1, 2014 20 The neighborhood Highly engaged neighborhood... Response rate ( %) cares, and has a clear view Topping Way _ Stonybrook Road Shady View Lane Rosalie Court Robin Way Marchmont Or Marchmont Ct Loma Street Littlefield Lane La Croix Ct Kennedy Road* Karen Court Hilow Road Englewood Road Cardinal Lane Bonnie Lane M M M% 3 4N SM. X96 7U.. M 9:96 3WY * Between Ferris and Stoneybwk ... Votes massively against Hillbrook expansion Opposed to expansion ( %) Topping Way Stonybrook Road Shady View Lane _ Rosalie Court Robin Way _ Marchmont Or Marchmont Ct Loma Street Littlefield Lane La Croix Ct Kennedy Road* Karen Court Hilow Road Englewood Road Cardinal Lane Bonnie Lane 0% 10% ]IH6 3M i0% 50% Wl6 X56 BoY. 9J% SW% Response to Hillbrook Appeal Supplement of December 1, 2014 21 Jennifer Savage From: Nathalie Verma <ngranitzki @yahoo.com> Sent: Tuesday, January 06, 2015 8:22 AM To: Council Subject: Supporting Hillbrook Dear Council Members, We are writing in support of Hillbrook and the addition enrollment of 99 students! Our son Yohann Verma takes the school bus every day! We think the numbers presented to the council and neighbors show clearly how Hillbrook, as the only school in Los Gatos, brought down the traffic into the neighborhood substantially! Thank you, Nathalie, Gaurav and Yohann Verma Nathalie Verma (973) 224 -5927 Jennifer Savage From: Jennifer Hall Thornton <jhallthornton @mac.com> Sent: Tuesday, January 06, 2015 9:07 AM To: Council Subject: Letter in support of the Hillbrook Application to Amend it CUP Dear Mayor Jensen and Town Council Members, I am a neighbor of Hillbrook School and a Hillbrook School parent. I am writing in support of the Hillbrook appeal of the planning commission decision on its application to change its conditional use permit. My children and I walk to school every day rain or shine. I have seen a significant decrease in the overall amount of traffic over the last three years going to Hillbrook School. I have found that traffic levels can vary on a daily basis, which is why it is important to look at the average traffic over a fairly long time period. What I see on my walks is that traffic levels on Englewood, Marchmont, Hilow and Cardinale can be significantly impacted by what is happening on Kennedy, Shannon and Los Gatos Blvd. If, for instance, there is a change in crossing guard at Cherry Blossom Lane for the students attending Blossom Hill School, a back -up will result on Shannon which will send more cars down Hilow and then Marchmont. The small group of people who are actively opposing this application will only be happy if the school is closed. They are using emotions over issues from 10 years ago to distort the facts. I hope that you will look at the evidence provided by your consultants, and approve Hillbrook's appeal of the application for a change in the CUP. Please feel free to contact me at any time should you have any questions or if you would like to discuss this further. All the best, yours sincerely, Jennifer Jennifer Hall Thornton jhallthomton6 mac.com +1 (415) 717 -1973 Jennifer Savage To: Janette Judd Subject: RE: Los Gatos /Hillbrook Support From: Rob Hakim [mailto:rhakimCobecireg.coml Sent: Tuesday, January 06, 2015 9:23 AM To: Council Subject: Los Gatos /Hillbrook Support Mayor Jensen and Members of the Town Council, My name is Rob Hakim and I've lived and worked in the Bay Area for 33 years. My wife Dawn and I have been members of the Los Gatos /Monte Sereno community for the past 17 years. Our Family currently resides at 14643 Eastview Drive, Los Gatos, Ca 95032. My wife attended Hillbrook in the seventies along with three of her four siblings. In fact, my sister and brother in law lived on Marchmont along with their daughter from 2007 -2012 . Our son Jake is currently in third grade and has proudly attended Hillbrook for the past 4 years. Along the way, We've met some amazing families through our association with the school -many whom we anticipate will be life -long friends. It is fair to note that our family history is woven together with an intersection of the past, the present and the future all interconnected by the parallel growth of this school, this neighborhood and of the town of Los Gatos . So it is as a Hillbrook parent, Los Gatos resident, neighbor and friend that I share my opinion- Los Gatos is one of most desired locations in the entire Bay Area to call home - moderated by the efforts of this community to preserve the care and respect for what a town should embody - yet guided by a civic leadership in understanding that growth can be an opportunity to strengthen the very ties that bind us. I commend the town of Los Gatos for undertaking a full evaluation of the impacts of Hillbrook's request to modify their conditional use permit. I am equally proud of the efforts that Hillbrook "s Administration, its board and the participating leaders have shown in continuing their good neighbor efforts to proactively communicate with and address the neighborhoods concerns. Indeed, The Town's independent study demonstrates a fact based , thorough and sound representation of what we have asserted all along - there are no significant environmental impacts created by Hillbrook's request to modify their CUP. My wife and I take great pride in being Hillbrook parents as well as supporting our wonderful community. We intend on practicing the policies of the school to ensure continued support of efforts to reduce traffic in our town of Los Gatos. In an opportunity to move forward collaboratively, I support Hillbrook's commitment to strengthening its enduring legacy, I support the additional student enrollment and I support the town of Los Gatos Thank you for your time. Regards, :�I .,, u Jennifer Savage To: Janette Judd Subject: RE: Letter in support of Hillbrook School appeal on conditions on CUP - - - -- Original Message---- - From: Simon Thornton jmailto:sethornton(iDmac.com] Sent: Tuesday, January 06, 2015 9:32 AM To: Council Subject: Letter in support of Hillbrook School appeal on conditions on CUP Dear Mayor Jensen and Town Council Members I am writing as a Los Gatos resident who lives close to Hillbrook School, and a parent of two children at Hillbrook who walk to school daily. I appreciate the Planning Commission's decision to allow increased enrollment at the school, but believe that the daily hard cap on car numbers with extremely punitive fines if the cap is broken is unworkable given the variable schedules that every school has. As a Hillbrook neighbor, I am affected by traffic from Blossom Hill, Van Meter and Fisher Schools, particularly as Englewood Avenue is used by parents picking up and dropping off these schools (including some of the Marchmont residents who are complaining about Hillbrook traffic), and by traffic avoiding congestion on Los Gatos Boulevard resulting from activity at these schools. I have no input into enrollment numbers at Blossom Hill, Van Meter or Fisher, and am aware that these schools have not had the resources to minimize traffic that Hillbrook has. However, I was aware of these issues when I moved here, and accept this traffic as an inevitable consequence of the growth of Los Gatos as a thriving town with many families with children. I am simply asking the Town Council to support the expansion of Hillbrook School with reasonable conditions, rather than being influenced by the small number of Hillbrook neighbors who want to benefit from the success of the town while passing the problems to other residents. Yours faithfully Simon Thornton 16531 Englewood Ave Los Gatos CA 95032 Jennifer Savage To: Janette Judd Subject: RE: Hillbrook Conditional Use Permit From: Ralston, Dennis [mailto:Dennis.RalstonCa kla- tencor.com] Sent: Tuesday, January 06, 2015 1:00 PM To: Council Subject: Hillbrook Conditional Use Permit Dear Los Gatos Town Council, My family has lived in Los Gatos for over 20 years and I was born and raised here. We sent our son to Hillbrook School where he graduated from 8th grade in 2013. Hillbrook was one for the best educational investments we could have made for our son. He currently attends Bellarmine College Prep where he is succeeding beyond our expectations and a great deal of the credit goes to Hillbrook. We strongly support Hillbrook's request to increase the Middle School enrollment. How could we as citizens of this town not want to expand the educational opportunity for our citizens and neighbors? This is an easy decision. Hillbrook reduced the number of vehicle trips from over 1,400 in 2001 to under 900 today. What more could the neighbors ask for from Hillbrook? Again, we strongly urge you to vote yes to expand the conditional use permit for Hillbrook. Sincerely, Anne and Dennis Ralston 46 Hernandez Avenue Los Gatos, CA 95030 Jennifer Savage From: Leslie Wood < lesliewood24@yahoo.com > Sent: Tuesday, January 06, 2015 3:49 PM To: Council Subject: In Support of Hillbrook December 6, 2015 Marcia Jensen, Mayor Members of Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Jensen and Members of Town Council, My name is Leslie Wood and I am a resident of Monte Sereno. My husband and I chose to start and raise our family in Monte Sereno in 2001 because of the outstanding Los Gatos Schools. When it came time to send our children to school, we chose what we felt was the best Los Gatos school for them, Hillbrook. Since moving here fourteen years ago we have watched the Bluebird Lane and Laurel Mews developments constructed along Los Gatos Boulevard, I am currently watching two new homes being built on the comer of W. La Chiquita and Shannon where there was once one. I understand that a developer is seeking to build additional new homes where the Artisan Wine Depot is currently operating. All of which have added or will add to traffic in the surrounding neighborhood. When our child first joined Hillbrook in Junior Kindergarten we were asked to find a carpool family. And in the four years since being at the school I have witnessed the increased participation from families, including myself, in utilizing the bus program. There has been a huge cultural shift at the school and if we aren't carpooling or busing to school we are walking to campus. The same is true for a majority of Hillbrook families. As a result, Hillbrook traffic has been dramatically decreased. And yet, to listen to the neighbors things couldn't be worse. I just don't get it. It seems to me the school is becoming the scapegoat for a situation, increased town traffic due to the increase in residential housing, that we have no control over. The traffic that we do control, our own, has been significantly reduced. And yet neighbors want us to reduce it even more to the point where our school can no longer operate as a school. The only constant is change. Los Gatos has changed in the 14 years we have been here. It has most definitely changed in the 79 years Hillbrook has been educating children on its campus. And Hillbrook is requesting to change with the rimes by adding students to its Middle School, without adding traffic, the same of which cannot be said for new residential housing in the area. I respectfully ask that the Town Council uphold the increase in 99 students while approving an average 880 daily car count in the hopes that all the residents of Los Gatos and Monte Sereno, as well as neighboring towns, continue to have Hillbrook as one of many outstanding educational choices for their families. Thank you for all your time and attention to this matter. Respectfully, Leslie and Michael Wood