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Addendum BMEETING DATE: 1/13/15 ITEM NO: 1 � ADDENDUM B !p8 GA,g COUNCIL AGENDA REPORT DATE: JANUARY 12, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER ,� SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -12 -002 AND ENVIRONMENTAL IMPACT REPORT EIR -13 -001 PROJECT LOCATION• 300 MARCHMONT DRIVE. PROPERTY OWNER: HILLBROOK SCHOOL APPLICANT /APPELLANT: MARK SILVER. APPELLANT: PATRICIA ELLIOT (AND OTHERS). CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT MODIFICATION TO INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED HR -1. APNS 532 -10 -001 AND 532 -11 -011. REMARKS: This second Addendum transmits additional public correspondence, completes one of the conditions of the Planning Commission's action in October 2014, and answers transportation questions raised by a Council Member after distribution of the Staff Report. Additional Correspondence The attached public comments (Attachment 28) were received after distribution of the first Addendum. Planning Commission Conditions Condition number five of Attachment 10 should read as follows (additions underlined): 5. NUMBER OF EMPLOYEES: Maximum number of employees /teachers /interns /student teachers /contract workers shall not exce�edd i 80. If king is required to accommodate PREPARED BY: LAUREL R. PREVETTI Ty( a .i�b1l Assistant Town Manager Reviewed by: N/A Assistant Town Manager N:\DEV\TC REPORTS\2015\Mamhmont300 AddendumB.dmx Director Attorney N/A Finance Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVE/U- 12- 002/EIR -13 -001 JANUARY 12, 2015 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 12. Transportation Questions Staff received two questions from a Council Member: Do you have any references to help answer this question of what is a reasonable allowable car count? At what car count do we consider that a neighborhood street is impaired? In coordination with the Department of Parks and Public Works, staff is providing the following information in response. There are several guidelines to consider in evaluating these questions. The TIRE analysis may provide some insight. Although the Environmental Impact Report (EIR) traffic review showed less than significant impacts from the increase in traffic created by the project, the Town moved forward with reviewing traffic under the TIRE analysis to address quality of life concerns for residential streets. The main point of the TIRE analysis is to measure the effect of increased traffic on neighborhood streets. The 2011 baseline TIRE analysis measurement on Marchmont Drive just west of Karen Court was 947 Average Daily Trips (ADT). This was the amount of traffic in the neighborhood under the Conditional Use Permit (CUP) at the time and before implementation of any Transportation Demand Management (TDM) measures by Hillbrook. Based on TIRE, this location could see an increase of up to 234 trips prior to the increase being noticeable by the neighbors, an increase of approximately 25 percent. (Note that the count at the Hillbrook gate in 2011 was 880 ADT. Applying the same percentage increase as the Marchmont/Karen location would result in an increase of 217 trips at the gate location.) Although the main point of the TIRE analysis is to measure the effect of the increased traffic on neighborhood streets, it does start with a baseline. In the case of one street segment, Marchmont Drive just west of Karen Court, the baseline TIRE analysis measurement was a 3.0, a pre- existing condition that TIRE would classify as impaired for a residential street. Although lower traffic volumes are more desirable for all local residential streets, there are local streets that carry higher traffic volumes at various locations throughout the Town. There currently is not an Institute of Transportation Engineers (ITE), Valley Transportation Authority (VTA), or Town traffic design standard that addresses the threshold volume at which point a residential street is impaired. Increases to the amount of traffic on the streets are compared with the baseline number to establish the threshold at which an increase in traffic would be noticeable. It may be necessary to determine if the conditions in the revised Conditional Use Permit are treating this existing condition or the proposed increase in student enrollment. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVE/U- 12- 002 /EIR -13 -001 JANUARY 12, 2015 The Town Traffic Calming Policy provides another guideline. That policy sets the threshold at 1500 ADT for residential streets. This means the neighborhood street must exceed 1500 ADT before it is considered for the traffic calming program. Traffic below that number does not warrant consideration for traffic calming under the policy. The baseline for review of the traffic in the EIR is the traffic that existed in the neighborhood in 2011, before the Traffic Demand Management program was put in place. As mentioned above, these baseline numbers are 947 ADT on Marchmont Drive west of Karen Court and 880 ADT at the Hillbrook School gate. The EIR considers the 880 ADT the traffic baseline as Hillbrook School does not have control over residential traffic. Attachments vreviously received under sevarate cover 1. Public Comments received August 6, 2012, to November 21, 2012 (228 pages) 2. Draft Environmental Impact Report (previously received February 7, 2014) 3. Public Comments received November 22, 2012 to August 19, 2014 (305 pages) 4. Final Environmental Impact Report/Comments and Responses 5. September 24, 2014 Planning Commission Staff Report 6. September 24, 2014 Planning Commission Desk Item 7. September 30, 2014 Planning Commission Desk Item 8. October 6, 2014 Planning Commission Staff Report 9. October 6, 2014 Planning Commission Desk Item 10. Planning Commission approved CUP 11. Hillbrook Appeal 12. Elliot et al. Appeal (formerly identified as Neighbor Appeal) 13. Hillbrook consent to waive 56 -day Appeal hearing requirement 14. Elliot et al. consent to waive 56 -day Appeal hearing requirement (formerly identified as Neighbor consent to waive 56 -day Appeal hearing requirement) Attachments vreviously received January 8. 2015 15. September 24, 2014 Planning Commission Verbatim Minutes 16. September 30, 2014 Planning Commission Verbatim Minutes 17. October 6, 2014 Planning Commission Verbatim Minutes 18. Hillbrook Supplemental Appeal Information 19. Elliot et al. Supplemental Appeal Information 20. Peak period outbound trip counts completed after the Traffic Impact Analysis Addendum 21. Resolution to deny the appeals and uphold the Planning Commission's decision to approve the project (with Exhibit A) 22. Resolution to deny the appeals and modify the Planning Commission's decision to approve the project 23. Resolution to grant one or more aspects of the appeal(s) and approve the project with a modification(s) to the conditions of approval 24. Resolution to grant one or more aspects of the appeal(s) and deny the project 25. Public Comments received 11:01 a.m. October 6, 2014 to 11:00 am January 8, 2015 PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVE/U- 12- 002/EIR -13 -001 JANUARY 12, 2015 Attachments received with Addendum January 9, 2015 26. Traffic consultant explanation of average versus maximum trip counts 27. Public Comments received 11:01 a.m. January 8, 2015 to January 9, 2015 11:00 a.m. Attachment received with this Addendum B: 28. Public Comments received 11:01 a.m. January 9, 2015 to 11:00 am January 12, 2015 LRP:JS:cg Jennifer Savage To: Janette Judd; traceyanntodd @gmail.com Subject: RE: Hillbrook School's Conditional Use Permit From: Tracey Todd [ mailto :tracevanntoddCobgmail.com] Sent: Friday, January 09, 2015 12:54 PM To: Council Subject: Hillbrook School's Conditional Use Permit Dear Mayor Jensen and Members of the Town Council, As residents of Los Gatos, we are writing to express our support for Hillbrook School Hillbrook's request to grow its enrollment by 99 students will enable it to offer an improved Middle School experience, as well as even out class numbers in some of the lower grades. Hillbrook can achieve this growth while managing to keep its traffic at 2011 levels. The school has done an outstanding job of reducing its traffic in recent years. In fact, when our current 7th grader started at Hillbrook in 2007 we would often find ourselves in a traffic line all the way down Marchmont to Hilow. The traffic situation has improved beyond all recognition due to many children taking the bus and carpooling being strongly advocated. We are concerned that opponents to Hillbrook's expansion are also requesting elimination of after - school instruction and activities together with reduced Summer programs for Hillbrook enrolled students. Many students at various schools in Los Gatos attend after school classes and sports in their own schools. During the Summer vacation Los Gatos/Saratoga Recreation offers summer school and both morning and afternoon activity and sport sessions at Los Gatos schools, and yet Hillbrook opponents are suggesting Hillbrook summer camps must end by ]pm. We feel it important that Hillbrook School is allowed to be a school and that Hillbrook students are allowed a full school experience. Unfortunately we are unable to attend the meeting next week, but thank you for your consideration and for your continued hard work on this issue. Yours sincerely, Paul and Tracey Todd (48 Whitney Ave, Los Gatos) ATTACHMENT 2 8 Jennifer Savage From: Sent: To: Subject: Dear Town Council Members, Kristin Tebo <kmtebo @comcast.net> Saturday, January 10, 2015 9:58 AM Council Hillbrook school conditional use permit I have been a Los Gatos resident for nearly 20 years owning homes in different parts of Los Gatos during that time. My daughter attended local preschools, St. Mary's School, and finally Hillbrook school where she thrived and graduated in 2013. She is now a Sophomore at Archbishop Mitty High School in San Jose. Our family had to sacrifice on many levels for her to attend Hillbrook School. However, based on my child's personality and learning style, her dad and I decided that we were willing to make those sacrifices for her to attend. Hillbrook School prepared her so well for attending a college prep high school and I am honestly not sure she would have been able to transition so well had it not been for the excellent education and the amazingly caring, compassionate and competent staff and teachers at Hillbrook School. Hillbrook School is not simply a place of learning, it is a community. Our family experienced some very challenging times with illness and loss of loved ones over short periods of time in addition to some of the other life challenges that occur. Hillbrook School specifically, Mark Silver, Joe Connely, Christina Pak, Eden Maisel, Josyanne Kelly, Shusan Sadjadi, and Paige Campbell (to name but a few of the kind people) helped my daughter not only overcome and process these difficult times, they provided a safe, nurturing place for her to go every day while she was facing these challenges. My daughter was a young teen at the time and without these amazing people helping her transition I'm not sure how she would have managed. Through it all, she excelled academically, even overcoming areas that once had been difficult. Additionally, I found a compassionate community and comfort knowing my daughter was not only experiencing exceptional learning, she was truly cared for daily. This allowed me to process and move through the challenges. Hillbrook has been responsive to not only the individual needs but the entire community and particularly the neighborhood in which it is located. I have witnessed the staff and community respond to the needs of the neighborhood in a compassionate, responsible manner which ended up creating relief for the parents of Hillbrook as well. Once the buses were introduced, my daughter rode them daily. That helped me with my morning routine to get to work. I believe that Mark Silver and all of the staff and community at Hillbrook will continue to respect the needs of the neighbors and while creating responsible solutions and managing the growth of the junior high. As a parent of a graduate, I clearly understand how beneficial additional children to the junior high will be by augmenting the focus on individuality and diversity that Hillbrook does so well. Our schools cannot just be places to send our children in hopes they are both cared for and educated. Our schools must be places where individuality is a focus and guiding children to become positive, healthy contributing members of our society is the expectation. Our community needs options with our schools to best serve the town. Hillbrook School is that place. I implore you to grant Hillbrook School the conditional use perm so they can continue the exceptional task of educating our children and let the town of Los Gatos proudly claim this beautiful school as one of the many gems the town offers. Sincerely, Kristin Tebo Jennifer Savage From: Kaylyn Lehmann <kaylyn @simplifiedcoach.com> Sent: Sunday, January 11, 2015 2:42 PM To: Council Subject: Hillbrook CUP Dear Mayor Jensen and Members of the Town Council, We are parents of a K & Is' grader at Hillbrook and appreciate the opportunity to share our perspective on the application to increase enrollment. The Hillbrook family welcomed us 18 months ago and showed us a great example of how we respect the greater Marchmont community through using shuttles, walking and never, ever parking on their street. Our family participates fully in these expectations and also loves the convenience of using the shuttle for our little ones as a primary means for getting on and off campus. We also have been fortunate enough to take advantage of volunteer opportunities that connect us with faculty, other parents and our children's friends. It is these connections (our grandparents and great grandparents attest to this as well as numerous studies) that enrich families and tie them to a school in a way that inspires service, kindness and community. The recommended cap of 880 cars per day versus the average of 880 would severely cripple our ability to function as any other school in this way. My mom and I volunteer at Hillbrook, supporting the faculty when extra support is needed. My husband, a Lt with Santa Clara Sheriff's Office, is completely dedicated to his vocation (although it doesn't allow for a great deal of flexibility.) Luckily, 2 — 3 times per year, he can use his 1 -hour lunch to volunteer at Hillbrook. That hour is used for his commute to and from the campus plus the time there helping in the classroom. In a perfect world, he could take extra time to walk to /from campus but most residents would agree that the greater use of his time is spent protecting people and property. The recommended cap would prevent him (and most) from ever volunteering and reaping the great benefit of being connected! We have proven our ability to control traffic and treat the Marchmont community with a great deal of respect and kindness. All pictures, video and 3`s party measurements support this! If the number of cars becomes capped, we will lose the ability to connect on campus with each other using that same respect and kindness. In this scenario, the parents lose, the Los Gatos community (with overpopulated schools and no shuttles) loses, and our kids lose. I urge you to appeal this recommendation. Sincerely, Kaylyn Lehmann Jennifer Savage From: Suneet Boparai <suneetboparai @yahoo.com> Sent: Sunday, January 11, 2015 4:15 PM To: Council Subject: Hillbrook School Application Support Dear Mayor Jensen and Los Gatos Council Members, This letter is in support of Hillbrook School's application to increase enrollment. I am a Saratoga resident. My daughter, Simren, has been at Hillbrook from Kindergarden to currently in 5th Grade. Hillbrook is a great school providing an all- around education for the children - I don't think there is much debate about that. To provide a great experience and an awesome education, a school needs to be about much more than students, teachers and classrooms. It has to include a sense of community. It needs to be a vibrant and dynamic place with a sense of excitement. It needs to be a place of exploration, of reaching out, of field trips, of after school classes, of sports, of anything and everything that makes it a flexible and dynamic experience rather than a static one. To take away the ability of a school to provide such an environment is in essence to remove the very heart of what makes for a great education. We have to decide. If we want a fabulous institution like Hillbrook to thrive amidst us, we need to trust it, and allow it to exercise its freedoms responsibly. If we try and shackle the school, micromanage it, stifle it, limit it, then we might as well take the schools permit away since we are not allowing the school to fulfill its mission. And that brings us to the heart of this situation I think. Yes we can say it is traffic, and noise, and safety, etc. But really it is trust. Some of the complaints the neighbors have is obviously legitimate. But over the years I have personally witnessed and participated in so many schemes to improve traffic and safety. Marchmont road is unrecognizable in the morning from what it looked like few years ago. We should really be giving kudos to the school. So lets put this policy in place. Trust but verify. Hillbrook is a great neighbor. And neighbors ultimately need to trust and respect each other. Give Hilbrook the flexibility it needs to thrive. Put reasonable procedures to verify. And trust that neighbors (Hillbrook, Los Gatos residents) ultimately all want the same thing - a safe community with fabulous institutions that make us proud to call this area home. Give Hillbrook the choice to increase enrollment while keeping to the current average car count. Putting a hard count, in my view, is just killing the institution. Thanks a lot for all the hard work and patience you all have shown. Regards, Suneet Boparai Parent of a 5th Grader, Saratoga resident Jennifer Savage From: Rajeev Kochhar <rajeev_kochhar @yahoo.com> Sent: Sunday, January 11, 2015 4:53 PM To: Council Cc: Rajeev Kochhar Subject: Let Everyone Win - Support Hillbrook's application Dear Mayor Jensen and Town Council Members, This letter is in support of Hillbrook School's application to increase enrollment. I am a resident of Saratoga. My daughter is in 5th Grade, having been at Hillbrook from KG. I think what we have here is a very rare win -win situation. Hillbrook gets the ability to increase enrollment. The neighborhood gets their main demand met of no net increase in car traffic! Pretty much should be end of debate! I actively participate in activities at school and also in reducing the traffic to school. It is a testament to the hard work that we have put in that Marchmont of now is so different than from a few years ago! A hard cap is an impossible requirement in my mind. More importantly it is an unfair requirement. Can you imagine telling a household that they can never have more than a certain number of visitors ever. So that means no parties, no get togethers, no family visits, maybe not even a big crew to do a construction job! It's time we made the fair decision. Make it based on facts. Make it on your heart telling you what a school is. Let everybody win. Sincerely, Rajeev Kochhar Saratoga resident Jennifer Savage From: John Shepardson <shepardsonlaw @me.com> Sent: Sunday, January 11, 2015 5:10 PM To: Council; Marcia Jensen; BSpector; Steven Leonardis; marico sayoc; Rob Rennie Subject: Hillbrook Solutions 1. Solution to exceeding student max.: If self -report penalty is full amount of tuition. If don't, treble the amount. Without penalties, they could be at 435 to 450 in 5 years based on their prior conduct. 2. New info, traffic exploding. http://www.mercurynews.com/ci 27290501/ its - official -bay- area - gridlock -is -worse 3. Hillbrook expansion brings more traffic to the 5 bus shuttle locations in Town. People in Town don't want more traffic. High priority. 4.0 to 75 range --99 not nec to get optimum 18 students, can clip 24 students to 75. 99 assumes 20 students in each lower level section. Takeout the gravy. - - -Cut 75 in half to penalize for exceeding CUP via 315 and other ways reduce impacts, and create a cushion when Hillbrook violates the CUP in the future. 38. - - - -0 new students because violated CUP many ways, including 315 cap, already have a great school and avoid increase in adverse impacts. JS Sent from my iPhone Jennifer Savage From: Yi Cui <yizicui @hotmail.com> Sent: Sunday, January 11, 2015 5:28 PM To: Council Subject: Support for Hillbrook Expansion Dear Mayor Jensen and Members of the Town Council, We are delighted to write in support of Hillbrook School on its addition of 99 students with an average daily traffic count of 880 vehicles. We applaud the accomplishments of Hillbrook in its 75 -year history. They have continuously provided quality, creative and safe education for students. We believe Hillbook's students will be well served by the expansion of the program in which they have thrived. We believe it's the right thing to do for the school and for the city of Los Gatos. A majority of Planning Commissioners stated their desire that Hillbrook thrive as a school and as a valued member of the Los Gatos community. The imposition of a hard cap of 880 vehicles a day simply is not consistent with this intention. It it not supported by any data whatsoever nor was it recommended by Town staff. We rely on the council to be fair and set good public policies. Hillbrook School is a shining example of academic excellence as well as community partnerships and engagement. It is with enthusiasm and without hesitation that we strongly recommend your favorable decision on the enrollment expansion with average traffic count of 880. Sincerely, Wei Jing Yi Cui This Page Intentionally Left Blank Jennifer Savage From: Sean <seangummid @gmail.com> Sent: Sunday, January 11, 2015 5:29 PM To: Council Cc: marsching @yahoo.com; diagummid @gmail.com Subject: From a Hillbrook school parent in support of the school To: Mayor Jensen and Members of the Los Gatos Town Council. Dear Mr. Jensen and Town - council Members, We are the parents of Rayan, a 3rd Grader at Hillbrook School and wanted to take a moment to share our experience at Hillbrook with you. We are hoping that the following few sentences will offer a perspective that might help with your decision making regarding increasing the enrollment at the school. Hillbrook is a unique and remarkable school, quite unlike any other in the Bay Area, or we dare say even in the entire pacific corridor (all the way from BC to San Diego). We can speak of this as we scanned and evaluated schools all along the pacific coast 5 years ago in search of the right school for our son. We were fortunate enough to have been in a position to relocate to a place of our son's school. We believe that a child is in his or her most natural setting when in proximity with nature, amidst trees and birds. Only thus may they fully express the hidden wealth of their individual endowment. True education can never be pumped from outside one's self, but rather must support in bringing spontaneously to surface the wisdom that lies within. How else does one explain a Newton or Edison or Einstein, a Monet, a Lincoln, a Jefferson or a Shakespeare. Rarely does a school recognize this wisdom and rarer still to have it as part of its DNA. Hillbrook is one such rare school, and thanks to its management, the school has succeeded in retaining this priceless aspect of its ethos, even after eight decades. A remarkable achievement. Also, it is a school where the idealistic instincts of the children are not starved on a exclusive diet of just statistics or chronological dates. It offers an extraordinary venue for learning set atop a hill surrounded by trees and birds with a brook running through it. It is place in a modern metropolis where children notjust get to read about geography or the change of seasons but actually get to experience it as they step right out of their classrooms. The fall at Hillbrook is just fantastic. We just asked our son what animal friends he encounters at school on a daily basis and here's what he replied - squirrels, ravens, guinea pigs, chickens and hens, crickets, hawks etc. We also believe that children learn not just through precept but learn enormously via observation and experience. The discerning among us are aware that childhood is the time when neural networks and molecular pathways are formed and that they contribute immensely towards mastering our destinies later in life. What struck us most when we first drove into Hillbrook years ago was the fact that the children were happy and we thought what a wonderful school. This is where we want our son to go to school. Happiness at school does not just lay a great foundation for learning but sets the stage for the neural networks and synapses to form correctly, which are so crucial for the evolution of the human psyche as recognized by the science of epigenetics. All schools seek to inform, but very few have the potential to transform. Hillbrook has that potential and it would truly be very sad if a few extra parents and children are prevented from getting to experience the serendipity of its education. Los Gatos is beautiful town and Hillbrook is a wonderful school. Thank you very much for taking the time to read this email. We appreciate it. Sean & Vidya Jennifer Savage From: ruth ann mcnees <ruthann.mcnees @gmail.com> Sent: Sunday, January 11, 2015 8:48 PM To: Council Subject: Hillbrook School Mayor Jensen and Members of the Town Council, I am a parent of two girls attending Hillbrook School. I am deeply concerned about the effect the Los Gatos Planning Commission's recent decision will have on our school. It is hard to understand what the Commission meant to accomplish with the decision to allow Hillbrook to add students, while imposing an unreasonable hard cap on the number of cars allowed on campus. The Planning Commission's poorly conceived cap not only prohibits Hillbrook from adding students, but takes away Hillbrook families' ability to attend even the events that are currently a normal part of school operations and tradition. The decision is particularly inequitable given the good faith effort and compromises already made by Hillbrook, its students and their families. I urge the Town Council to reconsider the Planning Commission's erroneous decision and, at a minimum, replace the current cap with an average that will satisfy the reasonable demands of the neighbors and allow Hillbrook to maintain its community and function like typical school. Perhaps one family's account can help illustrate the commitment the entire community already has shown. When we joined the school four years ago, we were immediately informed that in order to comply with the then current requirements of the school's CUP, all families were asked to carpool. The school assisted the families in setting up carpools. Even before we knew the school was going to ask to expand the middle school, we were all conscientious about carpooling and driving carefully to keep the neighborhood safe. The entire time we have been at Hillbrook, I have never once seen cars backed up beyond the gates and into the neighborhood. About two years ago, Hillbrook asked its families to make an even greater effort in order to show our commitment to working with the neighbors. Since the shuttle service proved to be the most effective in cutting down traffic, we began to shuttle or walk whenever possible. The changes for our family have been: • In order to catch the morning shuttle, we lose 30 minutes of much needed sleep. • If I have an event such as a book club with a daughter, have to deliver something to the school, volunteer or attend a meeting during the day, I park at Blossom Hill Park and walk to school when my schedule permits an extra 30 -40 minutes. • Additional time must also be factored into waiting for shuttles after school, which can be difficult when trying to be on time for after school activities. • For certain events, we park off campus and take the shuttle to school. Again, this requires an additional 20 -30 minutes. • We've paid the cost of shuttles, permanent traffic counters, a service to analyze the counter numbers, the extensive traffic study and the equally extensive environmental study. We will also pay for any penalties arising from future CUP violations. (Unlike most private schools, Hillbrook does not have an endowment to cover such costs). My family is not unusual -- Hillbrook families have committed to the above measures. I believe this shows that we have responded in a considerate, complete fashion to the neighbors' concerns. All students and parents have shifted to shuttling, biking or walking whenever possible even though all of these methods require significantly more time. Sadly, the neighbors seem impossible to satisfy and complain about the shuttles and the children walking to school with their families. It's the only neighborhood in Los Gatos that I'm aware of that makes child pedestrians feel unwelcome. Up to now, all this effort felt purposeful. We asked for something more -- to expand the middle school following the model of all peer schools in the area. In exchange we have made a commitment to work with the neighbors to ensure the neighborhood does not experience unreasonable traffic. When done in the spirit of compromise, none of this felt too burdensome or too intrusive, to our family at least. However, that all changed when the complaining neighbors and the Planning Commission responded by saying that the efforts described above were somehow insufficient. What more should reasonably be expected? Already, as a school and as individual families, we have worked hard at personal inconvenience and cost to reduce the car count, and we were successful. Rather than promise a future reduction of traffic, we brought the car count low enough such that one could reasonably expect that there will be no net new car trips in the future. In order to give assurance of future compliance, Hillbrook proactively offered to agree to a defined penalty structure for non - compliance with its proposal. Unfortunately, this backfired when the Commission made this provision so punitive that HS will not be able to operate even as it has in the past without finding itself in violation. Hillbrook only is asking to be allowed to operate like the other schools in Los Gatos. The one difference is that it is the only school community so committed to reducing traffic. In fact, the Marchmont area must be the ONLY area in all of Los Gatos, given the surprising amount of residential construction, to experience a dramatic reduction of traffic over the past couple of years. The Planning Commission's decision to impose an untenable cap on traffic, coupled with the penalty structure, may have unfortunate consequence. Perhaps a few of the neighbors will get what they truly want, to have the school fail. For who will decide to send their kids to a school where parents cannot come on campus to build community and share experiences and successes with their children without spending punitive amounts of time and money? How short sighted and wrong of the Planning Commission to perhaps precipitate the decline of a school that actually takes pressure off of overcrowded Los Gatos schools, brings consumers to the businesses in town, and has been a positive part of the Los Gatos community for over 70 years. Hillbrook families, many of whom are Los Gatos residents, have worked hard to address the Marchmont neighbors' concerns, notwithstanding their unceasing hostility. I respectfully ask the Town Council to reject the Planning Commission's cap and facilitate agreement to an average that continues to be mindful of the neighbors' concerns, while permitting Hillbrook School to continue to operate and thrive. Respectfully, Ruth Ann McNees Jennifer Savage From: Marc Field <marc @fieldinternet.com> Sent: Sunday, January 11, 2015 10:09 PM To: Council Subject: Hillbrook CUP Dear Mayor Jensen and Members of the Town Council, I am writing to request that you decide in favor of an 880 average daily car count in Hillbrook School's Conditional Use Permit. The absolute 880 trip maximum imposed by the Planning Commission.would have a significant negative impact on the school community. The school is made up of families with young children. Families like mine wish to be involved in our children's education. While we carpool every day in transporting our kids to school, we occasionally attend parent meetings or other events at the school, or occasionally have to pick up a sick child, or pick up a child for an appointment. An absolute maximum would mean that we could not drive to the campus for these purposes and would make it impossible for the school community to thrive. The 880 trip average requested by the school would not increase traffic in the neighborhoods. Please decide in favor of an 880 average daily car count in Hillbrook School's Conditional Use Permit. Respectfully, Marc Field Jennifer Savage To: Janette Judd; robert_anji @yahoo.com Subject: RE: We support Hillbrook's CUP Application, - Roberto Anji (Los Gatos resident) From: roberto anji [mailto:robert anji0yahoo.com] Sent: Monday, January 12, 2015 10:22 AM To: Council Subject: We support Hillbrook's CUP Application, - Roberto Anji (Los Gatos resident) Dear Los Gatos Town Council members, You are about to make an important decision regarding the fate of Hillbrook's School CUP application. I live in Los Gatos and my son has been attending this wonderful school for over 3 years now, he is currently in 3rd grade. As you consider all the arguments I wanted to share my feelings regarding the application. I have attended some of the hearings and listened to many well made and passionate arguments from both sides. Since we joined the School over 3 years ago we embraced the efforts of Hillbrook school and have used the School bus to help reduce the traffic in the neighborhood. During this time I have also seen a tremendous improvement in number (or lack thereof) of cars entering and leaving the School due to no doubt the efforts of the school and the commitment of all the parents and staff. Having over 20 years driving experience all over the bay area I think I can safely claim that the cars traveling on Hillow and Mamhmont in the morning and evening are the most carefully and disciplined driven I have ever seen or heard of. I also see more electric cars (we have one ourselves) which will definitely help with any noise or pollution concerns of the neighbors. In fact, maybe the School should be allowed to get some credit for these cars (say each electric car counts as just half a car : -) Hillbrook school is a great school and actually a real asset to Los Gatos (that is why we decided to live here). Running a school like this successfully is not a trivial task and we think by limiting the number of cars on a daily basis instead of using an average would greatly constrain ALL student and parent activities in the School. It is my personal belief that were Hillbrook's CUP application be approved they will actually continue with all their efforts to reduce traffic in the neighborhood and prove to the community what a great School it is! Yours sincerely, Roberto Anil (120 Hill Top Dr., Los Gatos) RECEIVED JAN 12 2015 To The Los Gatos Town Council TOWN OF LOS GATOS PLANNING DIVISION We are grandparents who enjoy being with our grandchildren. We live in Saratoga and every Thursday, I pick up our grandchildren at Hillbrook. I feel terrible every time I drive to pick them up. I see the neighbors out with counters counting my car. They are in their front gardens and turn when I drive by. They write something down. I know I am part of the total cars that pass over those counters. Both my husband and I disabled and it is impossible for us to walk up the hill to Hillbrook. It is wonderful that we are able to spend time with are grandchildren. They are so enthusiastic about school. They talk about their day. I know what they are reading. They are able to do most of their math problems in their heads. I know about PE. Thanks to them I am learning more about computers. The science, art and music programs are more than outstanding. They love their teachers. I am a retired teacher and cannot believe what and how they are learning. You really should have our grandchildren take them around their school. They are so happy and so articulate. I watch other parents and grandparents leaving their driveway as I drive to Hilbrook.. I wonder if they could walk to pick up their children and /or grandparents. I wish I could. Hopefully, you would want us to spend Thursday afternoon and evening with our grandchildren. If you install something that says only so many cars would be able to go into Hillbrook I may not be able to pick -up our grandchildren and that would not be fair or right to us and our grandchildren. Marcia and Marshall(Randy) Hall This Page Intentionally Left Blank January 10, 2015 VIA EMAIL & U.S. MAIL Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 council@losgatosca.gov RECEIVED JAN 12 2015 TOWN OF LOS GATOS PLANNING DIVISION Re: Support of Hillbrook School's Appeal of Planning Commission's CUP Decision Dear Mayor Jensen and Members of the Los Gatos Town Council: I write in strong support of Hillbrook School's appeal of the Planning Commission's October 6, 2014 decision regarding amendment of Hillbrook's conditional use permit ( "CUP ") and in strong opposition to Patti Elliot et al.'s appeal of that same decision. As both a Hillbrook alumna and current parent, I have a unique perspective on these appeals. I attended Hillbrook from 1975 to 1986. There I learned to love learning, take risks, and always do my best. Hillbrook laid the groundwork for all my successes in learning and life that followed. I also made several lifelong friends with whom I am still in close contact. The teaching excellence and core values have endured over the years. My own daughter, Morgan, is now in fifth grade at Hillbrook, and I am proud that she is able to experience the same strong foundation with the same enthusiasm. I attended all three Planning Commission hearings on this issue (more than 18 hours in all) and listened attentively and respectfully to all speakers. The Planning Commission correctly agreed that increasing enrollment to 414 students is reasonable and appropriate to allow Hillbrook to expand the number of children who can benefit from the exceptional education that Hillbrook provides and also to offer its students more choices of academic classes, extracurricular activities, sports, and social interactions that only a larger school can provide. In addition, increasing Hillbrook's class sizes decreases other local schools' class sizes to the benefit of Los Gatos students not attending Hillbrook. This would be Hillbrook's first enrollment increase since 1987 (28 years ago), which is remarkable given the substantial local population growth since then. The Planning Commission erred and abused its discretion, however, by imposing a maximum daily 880 vehicle cap. I understand that cap was an attempt to appease the opposition, but it is impractical, illogical, and unfair and should be amended to a daily 880 vehicle average to allow the school to function as a school. Morgan rides the bus to and from Hillbrook every day, but occasionally there are special events on campus that my husband and I attend, creating additional vehicle trips. A cap could prevent us from watching her sing a solo at the Winter Concert or present a project in science class. It could prevent us from volunteering to help set up the spring student art show or from bringing Morgan her basketball uniform on a game day when she forgot to pack it in the morning. Los Gatos Town Council January 10, 2015 Page 2 . Because of such traffic variations that are normal for any school, a 880 hard cap would trigger penalties ,for trips generated under the school's existing, vested right of 315 students. Such;penalties'.would therefore unlawfully violate Hillbrook's constitutionally protected rights that are vested. Moreover, imposition of a maximum daily cap on Hillbrook would be a radical departure from the Town norm given that Los Gatos universally relies on the averaging approach to assess traffic impacts for other purposes. It would also be contrary to county and national standards. The Town should not single out Hillbrook School as an exception to conventional traffic- enforcement policies. The Planning Commission's stated goal was to increase enrollment without increasing traffic: a daily 880 average achieves that goal with no new tries. The Planning Commission overstepped its bounds by instead imposing an arbitrary maximum hard cap "compromise" with an extreme penalty scheme. The Town Council must now intervene to correct that prejudicial error. What is most frustrating about the Planning Commission's decision is that it penalizes Hillbrook for having done the right thing regarding transportation management. Well before starting this CUP - amendment process, Hillbrook took extraordinary measures to reduce traffic to prepare for the potential addition of 99 students with a net -zero traffic effect. A fair limitation would be one based on car counts before those traffic- mitigation efforts began. Instead, the 880 number is based on post - mitigation traffic, punishing the school for doing the right thing. Hillbrook has been in its current location for nearly 80 years. I can personally attest as a former student that neighborhood traffic was much worse in the 1970's and 1980's when I attended the school. Then cars would back up well down Marchmont Drive even past Hilow during morning and afternoon peaks. Hillbrook had a daily car count of 1,410 in 2001. Through improved traffic lanes and processes on campus, extraordinary carpool efforts, an extensive bus program, and a designated Transportation Coordinator, even peak traffic is now intermittent, and the average car count decreased by 38% to 880 by 2011. Although certain neighbors still complain emotionally, any inspection of surrounding streets on school days proves those complaints are devoid of fact. The EIR further evidences no negative impacts. I invite all the members of the Town Council to travel to Marchmont Drive on school days to see for themselves that traffic is reasonable both in terms of volume and speed. Any speeding vehicles are much more likely to be those of the neighbors themselves than of members of the Hillbrook Community, who continually remind each other to slow down and be careful, courteous drivers because that's part of the Hillbrook culture and the right thing to do. Since 1935, Hillbrook has inspired students to achieve their dreams and reach beyond themselves to make a difference in the world. The integrity of the institution, its teachers, and its administrators is first- class. Hillbrook is genuinely committed over the long term both to providing an extraordinary educational experience for its students and to being good neighbors in its community. Los Gatos Town Council January 10, 2015 Page 3 The right thing for the Los Gatos Town Council to do is correct the error in the Planning Commission's decision and provide for a daily car averaee instead of a cap. Such a data -based decision will fairly allow reasonable enrollment growth while holding traffic to 2011 levels, will allow the school to operate like a normal school. and will allow both Hillbrook and the Los Gatos community to thrive today and for generations to come. Very truly yours,. 4x� Karen P. Anderson 1678 Oak Avenue Los Altos, CA 94024 (650) 799 -4361 karen.anderson @verifone.com cc: Mark Silver (msilver )iillbrook.org) cv.. �c,��cr� 2GIl f RECEIVED Los Gatos To Council, 110 E Main Street JAN 12 2015 Los Gatos CA 95030 TOWN OF LOS GATOS cou_nciI_CQ tosgatosca.gov PLANNING DIVISION Supporting Hillbrook's Appeal of Los Gatos Planning Comission's CUP Decision Dear Mayor Jensen and Los Gatos Town Council Members 1 am writing to you in advance of next week's meeting to ask you to please do the right thing and correct the Planning Commissions' October, 2014 decision to impose a total 880 daily vehicle cap and amend that decision to reflect an average cap of 880 vehicles which is the standard traffic enforcement principle practiced nationwide. The published Environment Impact Report (EIR) stated that the addition of 99 students would have no significant impact on the neighborhood and Hillbrook wants to add those students, without increasing traffic levels. Having been a member of the Hillbrook Community since 2004,1 can assure you that traffic has reduced since we arrived at the school. Hillbrook has gone out of its way to listen to the neighbors' concerns about traffic and since 2011 has implemented a considerable traffic mitigation plan that has reduced traffic levels significantly because of the introduction of shuttle buses, increased carpooling and walking /biking to school programs. Please do the right thing and enable Hillbrook to continue to provide an extraordinary educational experience for the children - it is a school, a Los Gatos School that is an important part of the town. During this long CUP application process the school has listened, been accountable and done right by this process - the request is honest, modest and data driven. 1 urge you to please amend the decision to an average cap of 880 vehicles. Thanks for your consideration and service. Yours truly, Fiona Greene Parent of Hillbrook Alum and Trustee January 10, 2015 Mayor Jensen Members of the Los Gatos Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RECEIVED JAN 12 2015 TOWN OF LOS GATOS PLANNING DIVISION Dear Mayor Jensen and Members of the Los Gatos Town Council, I am sure you have received many letters regarding Hillbrook's CUP. I am hoping that though this may seem like another letter from a member of Hillbrook School, it would provide a unique perspective. My name is Christina Pak and I am the Head of Middle School at Hillbrook. I have been working at Hillbrook for the past five years and initially arrived as the 7u' and 81h grade history teacher in 2010. What had drawn me to teach at Hillbrook was it's mission of providing and extraordinary educational experience for students while also providing for the whole child. Having been a middle school teacher for over 11 years, I am deeply aware how teaching is not just about what is learned in taught in textbooks but rather about the whole child. The social emotional growth of a middle school child is one where their sense of autonomy, choice, and connection with their peers become more important and valuable. That Hillbrook provides a wonderful educational experience is not what is the focus of our appeal. However, it is about the importance of providing a complete educational experience that a cap on the car count at 880 would limit and diminish for any middle school student and the impact upon his or her learning. By supporting the decision for increasing the car count to average of 960, you are providing for a student's overall development and wellbeing. I have observed and heard time and time again from several of my students how they wished there could be more students who could share their interests, athletic teams, club activities, or even learning process. Having to limit attendance from parents during events or minimize what classroom or learning events we can have due to a cap, and prioritizing (we can not turn away individuals on Graduation Day, etc) is detrimental to a student. This is especially at a time when the opportunities for adult involvement is key in solidifying the healthy growth and development of any person. With an 880 cap, this impacts not only our students but also the faculty in minimizing their curriculum with missed opportunities for shared events, celebrations, learning, and partnering with the important members of a child's world - their family. These bonds are crucial and research shows time and time again how these bonds create stronger citizens and members within our society who contribute and know that they are a part of something greater than just the individual. Not only am I a faculty member and administrator of Hillbrook, but I am also a parent of three boys who attend Hillbrook School. They entered at kindergarten, 2nd, and 4th grade in 2010 and have grown and thrived for the past five years. If it were not for Hillbrook, our sons would have a completely different learning experience and,oppoi�tunities that would never have been afforded to them before. Through Hillbrook, we have also been able to explore and learn more about the city of Los Gatos. Family traditions have formed while we loved to travel to downtown Los Gatos and spend our time at different eateries and shops. We've gone to Vasona Park and enjoyed its beauty, fished, played on the playground, and helped with cleaning it up. Therefore, because of Hillbrook, Los Gatos has become home. From all of our experiences with Los Gatos, it played a significant role in our decision that Los Gatos is an excellent city that will also provide our sons with an excellent high school and educational opportunities. Therefore, we recently bought a home and moved into Los Gatos to continue to provide our sons excellent educational experiences and a great community that we've grown to know and love these past five years. What Hillbrook provides Los Gatos is not limited to Hillbrook alone but rather it has been in conjunction with Los Gatos as a community and town it's always been. We are thrilled and pleased to be a resident and we feel that this would only have been possible and a consideration because of Hillbrook School. To limit our car count to 880 will not only transform and limit the learning experience of children and their families, but also deprive many young students during an important part of their growth and learning. Please do not limit our impact upon the future members of society if not, future Los Gatos residents, but allow us reasonable averages at different times of the year. Allow us to maintain being a school - an educational institution, and understand that what we provide is not to harm but support young people like my own three boys. Thank you for taking the time to read this and please do not hesitate to contact me at (408) 356 -6116 if you have any further questions. Sincerely, -QA-h- Christina Pak Head of Middle School - Hillbrook School and Charles Pak 505 Clearview Drive, Los Gatos residents January 10, 2015 Members of the Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 RECEIVEp JAN 12 2015 TOWN OF LOS GATOS PLANNING DIVISION Ann Arbor - Wollin Way Neighborhood Comments on Appeals of Planning Commission Decisions Regarding Hillbrook School's Conditional Use Permit (U -12 -002) Dear Mayor Jensen and Members of the Town Council, I write to you on behalf of 34+ families in the Ann Arbor, Wollin Way,& Shannon neighborhood to express our views on the appeals of the Planning Commission decisions that you will be hearing soon. We feel compelled to do so since reading the appeal supplement filed by our Marchmont neighbors, which proposes radical changes to conditions of the CUP that would have exponential detrimental impacts on our neighborhood, most notably, their proposal to consider opening the Emergency Access Road to Ann Arbor Drive for both vehicle and pedestrian traffic. Hillbrook is not proposing this, and is, in fact, opposed to considering this due to significant concerns for the safety and security of children. The Final EIR that was prepared by experts and unanimously approved by the Planning Commission found that there is no justification for a CEQA evaluation of an alternative access. In addition to the detrimental impact on our neighborhood, and considering this would be against policies in the General Plan, it will introduce significant traffic and safety issues, and is illegal. Below are 7 key points with more details on why the Emergency Access Road should remain closed: 1. Hillbrook is not proposing to change the Emergency Access Road condition and the Final EIR found no iustification for a CEQA evaluation of an alternate access The applicant, Hillbrook, is not proposing to change the Emergency Access Road condition and the Final EIR found no justification for the evaluation of an alternate access, below is an excerpt from the Final EIR (pg 8.5 -5) that summarizes the findings: Although the Town chose not to consider an Ann Arbor Access Alternative, the Town did rationally and reasonably identify two other alternatives aimed at the quality of life issues raised by neighbors to the project site: (1) the Reduced Enrollment Alternative; and (2) the TDM Alternative. These choices were consistent with the "rule of reason" applicable to a lead agency's choice of alternatives. (See CEQA Guidelines, § 15126.6(a).) It is also noted that the Draft EIR (DEIR p. 5 -15) indicates that the existing access, Marchmont Drive, has the capacity to carry additional traffic and adequately serves the school and neighborhood traffic. In addition, the existing CUP prohibits the use of the Ann Arbor gate and the applicant is not proposing to alter school access. For all of these reasons, the Ann Arbor Access Alternative was considered but rejected, and there was no further evaluation of this alternative." The EIR was prepared by respected, independent experts in their field and was unanimously certified by the Planning Commission. 2. It is Illegal to open the Emergency Access gate due to the 1 foot strip reservation There'exists across the emergency gate the reservation of a 1 foot strip dedicated to the Town of Los Gatos as.doc4mented in the Owner's Certificate on Tract Map No. 5333. The intent of the dedication of qoI st p;Was.tb restrict access from public use. . It would be illegal to open the gate for either vehicle or pedestrian and /or bike access. Our attorney, Jeffrey S. Lawson from Silicon Valley Law Group submitted a letter to the Community Development Department which is attached as Exhibit A. He also testified at the September 301" Planning Commission meeting and will be available to speak at the upcoming Town Council meeting. 3. Against policies in the Town of Los Gatos 2020 General Plan and would set bad precedent... solve the problem, don't shift it Many policies within the General Plan are aimed at preserving the beauty, integrity, and quality of life of our precious neighborhoods. Specifically, Policy TRA -5.2 below, regarding traffic, sets the policy of not 'diverting traffic to other neighborhood streets'. Policy TRA -5.2 Inhibit the Now of through traffic in established neighborhoods to the extent feasible, without impacting the freedom of movement of residents or diverting traffic to other neighborhood streets. Opening the Emergency Access gate on Ann Arbor would have a devastating impact on our neighborhood, creating an exponential increase in traffic and significant safety issues. There's no benefit to the Los Gatos community as a whole to shift a traffic problem from one neighborhood to another, and it would be a bad precedent to set that could impact other Los Gatos neighborhoods in the future. We understand that the Town Council considers the General Plan our 'constitution' when making critical decisions and has a history of solving difficult traffic issues and not moving them from one neighborhood to another. We urge the Council to continue in this spirit and take the divisive issue of our neighbors' proposal to shift traffic to our neighborhood off of the table. 4. Opening Emergency Gate for pedestrian & bicycle access would inevitably add vehicle traffic that would exponentially decrease our quality of life and lead to safety risks If the gates were to be open for pedestrian & bike traffic, it would be inevitable that cars would still drive down Ann Arbor and Wollin Way to drop kids off close to the gate. This would happen under many scenarios, on rainy days, when parents are running late, etc. They would either make a U -turn at the dead -end in front of the gate or cut - through down Ann Arbor and up Wollin Way or vice versa, resulting in dangerous traffic going in both directions while some try to make U -turns and gridlock as they try to exit onto an already dangerously busy Shannon Rd. In fact it's not possible to make a U -turn at the dead -end, so it would result in even more dangerous 3 point turns. Many driving on Shannon already use Ann Arbor and Wollin Way as a cut - through to avoid the stop signs at the Short - Shannon intersection. Also, Wollin Way has a steep and dangerous hill and there has been a history of accidents at the Wollin- Shannon intersection. We'd also expect parents to arrive early and park along our streets while they wait to pick up their children. The diagrams below show the general area. The red highlights indicate very heavy dangerous traffic that travels down Shannon Rd and across Short Rd feeding onto Shannon to avoid heavy traffic on Blossom Hill Rd. The yellow highlights show the immediate area of Ann Arbor & Wollin Way leading to the dead -end at Hillbrook. OWLn n;sCate Lr 'GID q Gia ®Inssam NM Gark blossom Ekmcn:azy `Fool O C hann3p r ty �J 6 Dangerouseysavy 7-raf6c R 4fy✓ Ole 6!o'sspa7p- ut T Q• y i K k C � � 6 s§ We commissioned Hexagon Transportation Consultants to do a 3rd party assessment of the traffic impacts to our neighborhood if the Emergency Gate were opened for pedestrian access and they concluded: • If the gate on Ann Arbor Drive were opened to pedestrian access it is reasonable to assume that a significant number of parents would begin to utilize this location for dropping off and picking up students • Under conservative scenarios, the Average Daily Traffic would double resulting in an increase that's literally "off the charts" of most TIRE index tables. The Hexagon Transportation Consultant's assessment is attached as Exhibit B. 5. Opening Emergency Gate for pedestrian & bicycle access would have little to no impact and be a huge safety issue for children Our Marchmont neighbors have suggested that if the Emergency Gate isn't opened for vehicle traffic, that it is opened for pedestrian and bicycle access. Among other issues, it would have no impact on reducing vehicle traffic for our Marchmont neighbors, and vehicle traffic at the Marchmont gate is the major issue that affects both quality of life and safety. This was discussed in the Final EIR, it analyzed the locations of Hillbrook families within walking distance of the school and found that out of 26 Hillbrook families, for 22, the Marchmont gate is closer and safer and there were only 4 families that would have closer access through the Ann Arbor gate. They conclude: a. "Allowing children to enter through this gate on bicycle or on foot would have a very minor traffic benefit at most b. "It would not make sense to make these students (22 closer to Marchmont), who are walking on residential streets with lower traffic volumes to be required to walk farther & cross Shannon twice, a road with higher traffic volumes, in order to access the Ann Arbor gate" A more detailed chart, based on the data in the Final EIR is shown below: 26 Hillbrook Families within Walking/Biking Distance r • M � • Allowing childrento enter through this gate on bicycle or on foot wouldhavea veryminor traHit benefrtat most." • A.4 EmergerKy Gate • J4larchmant • Gate °k vmuld rmr msY.to makethesesardernts, whoa ; • _ walking on residential streets with lower trafficYOlY>LCLt be requiredto wak farther& rrms SbAnMM BMW UdM • r in order to • • accessthe Ann Arbor Saw.' Source: paW491f492ofFingMR 0 • Additionally, if it were to be considered that the pedestrians would be coming from kiss - and -ride or kiss - and -walk drop off points • Again it would not have any impact on vehicle traffic at the Marchmont gate, as those vehicles had already dropped their children off at the stop • It's definitely no safer for the children, given the dangerous traffic on Shannon road This would also be an unsafe option as to get from such a drop -off point at Blossom Hill Park would require children to cross 4 streets with traffic trying to get onto busy Shannon road during the commute. It's not just that there aren't enough sidewalks or crosswalks, its that there are way too many cars driving up and down Shannon. This is particularly true at the entrance to Ann Arbor Drive as there is a blind hill coming up from the intersection of Shannon and Short roads. Cars coming up that hill will not see children crossing until the last minute. The chart below shows a more detailed view of the immediate area. No Safe Place for Crosswalk on Shannon - S, 000 cars adayon Shannon, 2,000s during peaks Children would have to cross 4 streets, with traffic tryingto get onto Shannon Only potential spot 1. .t \ I For new crosswalk Crosswalk would be-375 ft from dangerous Shorttstod non intersection —150 ft of which is a dangerous steep blind I Disaster waitingto happen, not enough time to stop 6. Ann Arbor - Wollin- Shannon -Short has Significantly Higher Traffic & Safety Issues than Marchmont today that would only get worse and more dangerous The Ann Arbor & Wollin Way streets are relatively short streets that connect to one of Los Gatos' busiest and most dangerous collector corridors on Shannon & Short Roads, which see 6,000 cars per day. Traffic is at it's highest and most unsafe points during the school drop -off and pick -up hours, this is due not only to heavy traffic from commuters, but additionally, there are 5 schools on the Shannon corridor (Blossom Hill, Shir Hadash, Fisher, Van Meter, Hillbrook). Shortly, there will be a significant further increase in traffic along Shannon from the new Guadalupe Mines development, where 89 new 4 -6 bedroom homes have been built & most already sold. Most of them purchased their homes to take advantage of the great Los Gatos schools and will travel down the Shannon corridor, leading to almost 850 new car trips per day. In October, 2014, we contacted the Los Gatos Police Department to gather any information on reported accidents in the Shannon /Short area and the Marchmont area. According to their report, there were 42 reported accidents on Shannon /Short from 2009 to September 2014, including 6 DUls, 6 hit and runs and 11 injury accidents. There were 0 accidents reported over the same time period in the Marchmont area. The report is attached as Exhibit C. Given the significantly higher traffic and significantly more dangerous environment, it would be a bad decision to consider adding the significant Hillbrook traffic that would put our children at considerable risk. In addition, while the Marchmont traffic is confined by existing residences and Hillbrook school, Shannon traffic will grow 'uncontrolled' in future years with the growth of the Town and neighboring community. 7. Opening the Emergency Gate in Any Way would decrease the values of our homes and significantly impact our quality of life We purchased our homes because it was a quiet neighborhood with a cul -de -sac and dead -end. We researched the situation with the gate and were assured by the Town that the gate was only for emergency access. It's inevitable that if the gates were opened, even for pedestrian & bike traffic only, it would materially reduce the value of our homes. Potential buyers would know that it would be inevitable that there'd be significant vehicle traffic as it would be likely that the gate would be used as a drop -off point. On the other hand, our Marchmont neighbors purchased their homes knowing full well that their street was the single entrance and exit to Hillbrook School. Summary In summary, condition 16 of the Hillbrook CUP approved by the Planning Commission on October 6, 2014 must remain as written: 16: EMERGENCY ACCESS ROAD: The emergency access road to Ann Arbor Drive shall not be opened up at any time to public or school use. The road may be used for construction access only if it is part of approved construction plans for an Architecture and Site application. This condition has been in place for decades and, in fact, the Access Road has never been opened for public or school use. Hillbrook is not proposing to change this and the Final EIR, which was approved unanimously by the Planning Commission, found no justification to evaluate an alternative access. In addition it would be illegal to open the Emergency Access gate for either vehicle or pedestrian access due to the 1 foot strip reservation. It would also be against the General Plan policies to 'shift' a traffic problem from one neighborhood to significantly negatively impact another. If opening the Emergency Access gate even for pedestrian access were to be considered, it would absolutely add vehicle traffic, that according to a study by our traffic consultants would double the Average Daily Traffic and cause an increase that is literally "off the charts" of most TIRE index tables. It would have little to no impact on reducing vehicle traffic at the school access on Marchmont. On top of that, it would expose children to a significantly more dangerous situation from the heavy traffic and history of numerous, dangerous accidents on the Shannon -Short corridor. We strongly urge the Town Council, as our community leaders, to seek solutions that improve the situation, while not shifting the problem to our neighborhood. We deeply appreciate your thoughtfulness as you work to solve this issue by focusing on measures that remove cars from Los Gatos streets and put appropriate enforcement measures in place to protect all Hillbrook neighbors. Thank you again for your service to our great Los Gatos community David DeMaria, on behalf of 34+ families in the Ann ArborNVollin Way /Shannon neighborhood 131 Ann Arbor Drive Los Gatos Exhibit A Silicon Valley Law Group Letter on 1 foot strip reservation AW Tract Map • GROUP A LAW CORPORATION March 19, 2014 Via US Mail & E�MaH. JSavaeeraosnatosca.eov Ms. Jennifer Savage Town of Los Gatos Community Development Department 110 E. Main Street Los Gatos, CA 95030 RE: Hillbrook School Conditional Use Permit Draft Environmental Impact Report State Clearinghouse # 2013022037 Dear Ms. Savage, On behalf of the Ann Arbor — Wollin Way Neighborhood Association, (Neighborhood Association) I am submitting comments to the Hillbrook School Conditional Use Permit Draft Environmental Impact Report, State Clearinghouse # 2013022037, dated February 2014, prepared by Geier & Geier Consulting, Inc. (DEIR) While the Neighborhood Association appreciates that the DEIR concludes that school access should not be permitted through the emergency access at Ann Arbor Drive, it is our view that the DEIR does not fully explain why such access is infeasible. Accordingly, this letter provides additional reasons why school access through the emergency gate at Ann Arbor Drive is both infeasible and inappropriate. The California Public Resources Code § 21081 provides: Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect:..... (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for 25 Metro Drive Suite 600 San lose CA 95110 408.573.5700 fax 408.573.5701 WWW.svlg.com Jennifer Savage March 19, 2014 Page 2 highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (Emphasis added) In this case there are legal reasons which make the access through Ann Arbor Drive alternative infeasible. There exists across the emergency gate the reservation of a 1 foot strip dedicated to the Town of Los Gatos as documented in the Owner's Certificate on Tract Map No. 5333. The intent of the dedication of the one -foot strip to the Town of Los Gatos was to restrict access from public use. The dedication of the strip to the Town of Los Gatos was to provide the Town with the right to extend the Ann Arbor Drive as a public road, should the lands be sold, to create another subdivision. In light of the presence of the Hillbrook School the contingency of another subdivision will never occur. Furthermore, in light of the private nature of the Hillbrook School there will not be a public road extending from where Ann Arbor Drive currently ends. For these reasons the condition is not and will not be met and it would be illegal to use the emergency gate as an additional access point for the school since that is beyond the terms of the dedication. The Town of Los Gatos is bound to honor the terms of the dedication. See for example, Big Sur Properties v. Mott, (1976) 62 Cal. App. 3d 99. (Where a tract of land was donated to a city with a restriction upon its use, the city cannot legally divert the use of such property to purposes inconsistent with the terms of the grant.) See also, Save the Welwood Murray Memorial Library Com. v. City Council, (1989) 215 Cal. App. 3d 1003, opinion modified, (Dec. 1, 1989). These cases are consistent with the explanation of the purpose of the Owner's Certificate on Final Maps as set forth in the Town of Los Gatos Municipal Code at Sec. C12- 27(a), which is to limit the use. The requirement that alternatives be legally feasible is not a controversial CEQA concept. See for example our Supreme Court's opinion in City of Marina v. Board of Trustees of California State University, (2006) 39 Cal. 4th 341,356. (There in a complex analysis the court determined that the university's ability to pay a mitigation fee was legally feasible, but nonetheless accepted as non - controversial that altematives /mitigations must be legally feasible). See also, Save Panache Valley v. San Benito County, (Sixth Dist. 2013) 217 Cal. App. 4th 503, 523. (Lead agency justified in not considering an alternative as feasible for several reasons, including legal infeasibility.) As a final point, I note that access through the Ann Arbor Drive emergency gate was not studied at all in the DEIR Indeed, that area is off the map of all the traffic studies documented in the DEIR. Therefore, there is no substantial evidence in the record that would support the Planning Commission or the Town Council selecting the Ann Arbor Drive access alternative. Also, for the record, if that access alternative was selected that would engender a host of significant traffic, noise and safety issues all of which would require detailed study and mitigation. 10430739.DOCX Jennifer Savage March 19, 2014 Page 3 Please do not hesitate to contact me if you have any questions or concerns regarding the issues raised in this letter. Very truly. yours, SILICON VALLEY LAW GROUP on cc: Jeff Barnett 10430739.n 10 |! �} my F4 m -, ,4 � °E EK42 § uqw ! R !w- /� � � | � | 11 ƒ -A . N. . | |5 tilt � }� , § � | •� , �| f , ) • m Islip, . m ` | �sill k! ■! | oil! . € ¥` ) \ ) m > � � } �| ! ! | a \ Qm Wa h °�Oa'�aasr F,ryy. 12 o� r 1 V L 4 J V it h h Exhibit B Hexagon Transportation Consultants Assessment of Significant Impacts of Potential Opening the Emergency Access Road for Pedestrian Access 0 W pp�'qq hk�i PROON TRANSPORTATION CONSULTANTOK. October 17, 2014 Mr- Jeffrey A Barnett, Esq- 101 Meho Drive, Suite 250 San Jose, Gi 95110 Re: TIRE Index for Ann Arbor Drive and Wollin Way Neighborhood Dear Mr. Barnett - # • F d •'• Y9 • • ... t• 1 ^' ii ISM r•b3• • Y ` f' 1 OF 111 i Way ii to heren as I Arbor Gf bo tYp This residential t b # N•i •l C of 22 single-farnity YY:+:R to the neighborhood ts; 4 • i Ff from 'p Road at tm #v.lr bor Drive and at Wollin understand tl& • N for the ' ^I TIRE index of ro 1 the ••' 3i i!'i: i•! "Y • f tRV i' °'f - • K'Y 1 � r• M i i p•n"'rfp i 'i :K f.' '4 •' r k i is 1 - i s S Y..i +. f ! •! � i r.- � -Y • .1 - p P .t if i p i •• tl �• f Y •° f' i r t p i t 141 ,i i' i i 'b b 4 !; '1 • • •' t 4.:W ♦L.. 1 1: 0.! # Ip i ♦ p i t f' ♦ i k R • i ! L Y ,• AN r ti t v: I S • ';• •Y if#t LG Y-0. t;l .. 1 i - K' "'9 .4:1 -i. •' f i< .,Y' t Y•' N F • �.. F 4 e. y' �• i i L' Z i r •• • •- , ri c! r a 1 b1 ., r •.- ,• • r- «.. - - 1 a ' Z r� •• 't 11 1 K Y. 1- Y }r F- { f• I 1 •- 1 . r•-- w- - Y- • 1 Y• a..rr tar - • rte- +1 • r'.:. 1 r- -Y F f i 1 • if "f #R, •YR #' • ' '1 GI 'i Y a # H SHY Yti.�. f. 1 1 • ♦ 1' f ♦ 4' '•♦ I • -fM :.i 1 1 Y G � it w 1 f• f • ♦ !}. Y,a Y t 11 A LI! Y A f 44 4 a -. • < ♦- 1 �1 1 • .i J. 1f1 Y' 'f 1 ! 6 Y i 1 F '• L Y G 4tif �Y 1 S i /.^ • 1 �n' 4 ! 4a i •if i2- ' Ro-.I K.'! ♦ @ rp Ri ik• Zi-.. i ^- # F' •f• la • Zna 6.♦ �r • p: • i 't + i i i - # i i+ i - i! L' i i • I �! +! 1qi€ G.i rY N i i #tl iil •-! • ip rp•Pir'! it'1 w, St. 3nhrr Stocmt, suite SSA , S.an 3usi, Cdllmeii SStr! • Phana 408.571.6100 - fall 4 08 9 W1.6102 - "w.haptrafll tmr MI PF-4 w W_ Jeffrey Barr ie t Ddober 17, 2614 ► / tage 3 of 3 1Y •F 4 t.f1 Y.1 � i1 }i 11tk 1 if I f+ - f r 1 "M 1f •. i L 4 - i "1' 1 •:5�. 1 p 'i. 1 Ki i; �•'f 1 "f Y YI ♦ • -. 1 f If i. � i { • : 1` M iL 'I • < ♦` { Y � t .t i '• • f•f FI �• f f Lr f . -1 t Y- �'f.- t< L~ - 1 T 1 f. 1' i • 'f • 'i Y• i 1 S L Ii T f I• 'f f i L iY.l• Y L r If 1 LF • M t - ..f Y ♦,'T i! n i f IM' - G •TI f. 'Inhibit the flow of through traffic in established neighborhoods to the extent wiffiout impacting the Yff of movement of }:. L' is or cfiverfing c to other - • 1 !' �1� f 1 f Y - f5 r t rf 1 -. • Ya :f a. q•Y .Y Fit. + f i • F- "1' ♦ � P. •r, f Yh r1 f - Y" tl - 1 r •. ii - K4 K� • • M t•G. r i` • S •• fl f•` • Y'r i 1 •. t f• i6 '1 1• tf f IL' 6 1 1 1 f ♦ i if. t• f Gir` f I f 'f f• f • f 1 r f1 L t P Y ." Mr YG :.Y f �" Fif 51 i • •5 • FL L k • 4 • i !GL l ?IT 't �' �F. iw •nfi•'L: 1• s• A 1 f r i r ♦ �1 f 1 1 • L 1 '! LLiL n :L+ L Yr f. YY• ++ i P - ♦.r '1. i `Ln P 1 ♦ V ` ! .Y .: 1 i • Y' f I I." T" e IWA K f • t4 -G t 'i I ! t• •f K M• f 't Y Y diverting traffic - from • J f G! i f P the Ann Arbor ^. the opened. - x♦r ' «:- - 1 •.YYt • t -re - w- r• • rr rc r. HEXAGON TRANSPORTATION CONSULTANTS, INC. �4 *W,-- csry Buck. President 16 Exhibit C Reported Accidents in Shannon /Short area 2009 -Sept 1014 42 Accidents on Shannon & Short 0 Accidents on Marchmont 17 42 Reported Accidents on Shannon & Short (2009 -Sept. 2014) 0 Reported Accidents on Marchmont Date Nature of Call Location Primary Parlor Addd. Violations 113109 DUI AO(31D OLD BLOSSOM HILL RD; SHORT RD - 23152 (B)VC 20002(A) VC 4+26+09 VEH ACC NO LOS GATOS BL+ SHANNON RD 14601.1(A) VC 23152(A) VC 6120109 VEH ACC NO OLD BLOSSOM HILL RO/ SHORT RD 22106 VC 21801(A) VC 8116/09 VEH ACC NO SHANNON RD WOODED VIEW DR 22107 VC 22107 VC &23109 VEH AOC IN LOS GATOS 131-1 SHANNON RD 21801(A) VC 22350 VC 8124709 DUI ADD OLD BLOSSOM HILL RDI SHORT RD 23152(A) VC 22350 VC 915109- VEH ACC iN HICKS RDr SHANNON RD 22350 VC 22350 VC 9,117/09 VEH ACC HR SHANNON RD' SUVIEW DR 22350 VC 20002(A) VC 1/6!10 VEH ACC NO ARROYO DEL RANCHO/ SHANNON RD 223b0 VC 20002(A) VC 7113110 VEH ACC NO LOS GATOS BU SHANNON RD 22350 VC 12951(A) VC 9114110 DUI ACCID ENGLEWOOD AV! SHANNON RD 23152(A) VC 22106 VC 195/10 VEH ACC IN LOS GATOS BU SHANNON RD 21801(A) VC _ 10/7110 VEH ACC NO HAPPY ACRES RD SHANNON RD 22107 VC 12500(A) VC 12118110. VEH ACC NO 1.5815 SHANNON RD . .................... 22350 VC 22350 VC 112111 VEH ACC NO CHERRY BLOSSOM LW SHANNON RD 22350 VC 23152 (B)VC 1/21/11 VEH ACC IN DIDUCA WY SHANNON RD 22350 VC 12500(B) VC 319111 VEH ACC NO ARROYO DEL RANCHO! SHANNON RD 22350 VC 6/7111 VEH ACC NO DEL CARLO CP SHANNON RD 21202(A) VC _ 6126111 VEH ACC NO LOS GATOS BU SHANNON RD 21801(A) VC 712111 VEH ACC HR ENGLEWOOD AV; SHANNON RD 20D02(A) VC &2V 11 VEH ACC IN LOS GATOS BU SHANNON RD -------- 21801v_VC __ 21112' VEH ACC NO DEER PARK RLY SHANNON RD 22400(A) 217112 DUI AOCIO SHANNON RD' SHORT RD 23152 (S)VC 501112 VEH AOC IN DEER PARK RD' SHANNON RD 22107 VC &11112 VEH ACC NO 14680 SHANNON RD 22350 VC 125112 VEH ACC IN KENNEDY RU SHANNON RD 22350 VC 12/30/12 VEH ACC HR HICKS RD! SHANNON OAKS LN 22107 VC 20002(A) VC 210113 VEH ACC HR 15930 SHORT RD 22107 VC 20002(A) VC 215113 VEH ACC NO HICKS RD/ SHANNON RD 22350 VC 4/19113 VEH ACC NO OLD BLOSSOM HILL RD/ SHORT RD 22107 VC 7/1213 VEH ACC HR CERRO VISTA DW SHANNON RD 22107 VC 20002(A) VC 7115/13 VEH ACC NO BONNIE LN SHANNON RD 21804(A) VC 12500(A) VC &30113 DUI AOCID SHANNON RD" WOLUN WY 22107 VC 22350 VC 11/18/13 DUI AOCID CERRO VISTA DR1 SHANNON RD 22107 VC 23152 (B)VC 11124113. VEH ACC HR HICKS RD! SHANNON OAKS LN_, _..__ 22350 VC___--- __ -��� 1/14114' VEH ACC IN HICKS RDf SHANNON RD 22107 VC 7/8114 VEH AOC IN HICKS RDJ SHANNON RD 22350 VC _ &15+14 VEH ACC NO OLD BLOSSOM HILL. RD/ SHORT RD 21651(A)(1)VC 91214 VEH ACC NO MAGNESON LOOK SHANNON RD 22107 VC 9115114 VEH ACC NO HICKS RD/ SHANNON OAKS LN 22350 VC • Source: Los Gatos Police Dept. (Oct 2014) • 6 DUls • 6 Hit & Runs • 11 Injury accidents 18