2015-018 - Approve CUP Hillbrook School & Deny AppealsRESOLUTION 2015 -018
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING APPEALS OF THE DECISION OF THE PLANNING COMMISSION AND
APPROVING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO
INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN
EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED
HR -1.
CONDITIONAL USE PERMIT APPLICATION: U -12 -002
ENVIRONMENTAL IMPACT REPORT: EIR -13 -001
PROPERTY LOCATION: 300 MARCHMONT DRIVE (APNS: 532 -10 -001 AND 532 -11-
011)
PROPERTY OWNER/APPLICANT /APPELLANT: HILLBROOK SCHOOL /MARK
SILVER; APPELLANT: PATTI ELLIOT (AND OTHERS)
WHEREAS, on September 24, September 30, and October 6, 2014, the Planning
Commission held public hearings and considered a request to modify a Conditional Use Permit
to increase school enrollment and modify operations of an existing private school (Hillbrook
School) on property zoned HR -1, and to certify the Final Environmental Impact Report (EIR);
and,
WHEREAS, on October 6, 2014, the Planning Commission certified the EIR and
approved the request to modify a Conditional Use Permit to increase school enrollment and
modify operations of an existing private school (Hillbrook School) on property zoned HR -1; and,
WHEREAS, the Applicant Hillbrook School/Mark Silver and Patti Elliot et. al. filed
timely appeals of the decision of the Planning Commission approving a request to modify a
Conditional Use Permit to increase school enrollment and modify operations of an existing
private school (Hillbrook School) on property zoned HR -1; and,
WHEREAS, the Appellants waived, in writing, the fifty -six (56) day time period for the
Town Council to hear the Appeals pursuant to Town Code Section 29.20.280; and,
WHEREAS, this matter came before the Town Council for public hearing on January
13, February 17, and March 17, 2015, and was regularly noticed in conformance with State and
Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to submit such evidence. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and materials contained in the Council Agenda Reports prepared for
each of its meetings on January 13, February 17, and March 17, 2015, concerning this
application.
WHEREAS, the Town Council finds as follows:
A. In accordance with Town Code Section 29.20.300, governing appeals from the
Planning Commission, new information was submitted to the Council during the
appeal process that was not readily and reasonably available for submission to the
Commission;
B. As required by Section 29.20.190(a) of the Town Code for granting approval of a
Conditional Use Permit (CUP):
1. The proposed use of the property is essential or desirable to the public
convenience or welfare; and
2. The proposed use will not impair the integrity and character of the zone; and
3. The proposed use would not be detrimental to public health, safety or general
welfare in that the recommended conditions of approval would mitigate potential
impacts; and
4. The proposed use will meet the objectives of the General Plan and Town Code.
C. The Final EIR is certified as complete and compliant with the California
Environmental Quality Act. More specifically, the Town Council finds that (1) the
Final EIR has been prepared in accordance with the requirements of CEQA and the
State CEQA Guidelines; (2) the Final EIR was presented to the Town Council, which
has reviewed and considered the information contained therein; and (3) the Final EIR
reflects the independent judgment and analysis of the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeals of the decision of the Planning Commission approving a request to
modify a Conditional Use Permit to increase school enrollment and modify operations of an
existing private school (Hillbrook School) on property zoned HR -1 are denied.
2. The Final EIR is certified as complete and compliant with the California
Environmental Quality Act. More specifically, the Town Council finds that (1) the Final EIR has
been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines;
(2) the Final EIR was presented to the Town Council, which has reviewed and considered the
information contained therein; and (3) the Final EIR reflects the independent judgment and
analysis of the Town.
3. The Conditions of Approval have been modified by the Town Council as attached
hereto as Exhibit A and are hereby adopted as the Conditions of Approval for this permit.
4. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by other state or federal laws.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17a' day of March, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
M OR O THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — March 17, 2015
300 Marchmont Drive
Conditional Use Permit U -12 -002
Environmental Impact Report EIR -13 -001
Requesting approval to modify a Conditional Use Permit to increase school enrollment and
modify operations of an existing private school (Hillbrook School) on property zoned 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.
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.
Pursuant to Town Code Section 29.20.335 an approval is vested when the activity approved
is commenced in a substantial, as distinguished from tentative or token, manner. For this
Conditional Use Permit, substantial shall mean any increase in student enrollment above
315.
3. USE: The approved use is a junior kindergarten (JK) through eighth (8h) grade educational
institution/private school, with ancillary after school activities, after school care, and after
school sports.
a. HOURS: STUDENTS and their families may be on campus Monday through Friday,
7:30 a.m. to 6:00 p.m., during the academic calendar year (mid - August through mid -
June).
b. EXTENDED HOURS: Up to 10 times per year, hours may be extended past 6:00 p.m.
up to 9:30 p.m. The school's management and maintenance staff do not count towards
the 10 times per year for extended hours.
4. AFTER SCHOOL ACTIVITIES: Enrichment programs including but not limited to arts,
mechanics, engineering, and language for the school's students are permitted, up to 6:00
p.m., Monday through Friday, mid - August through mid -June.
5. AFTER SCHOOL SPORTS AND COMPETITIONS: Any sports, competitive or not, and
other competitions with at least one participating team from this approved school are
permitted up to 6:00 p.m., Monday through Friday, mid - August through mid -June. These
competitions are permitted to occur a maximum 3 days per week, up to 2 days per week
outdoors.
6. AFTER SCHOOL CARE: Childcare for the school's students is permitted up to 6:00 p.m.,
Monday through Friday, mid - August through mid -June.
7. VOLLEYBALL AND BASKETBALL TOURNAMENTS: A tournament is a series of
contests /matches /games between two or more schools /teams one of which must be the
approved school. Tournament hours are 7:30 a.m. to 3:30 p.m. Monday through Friday,
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and Saturday. Vehicles must be off campus by 4:00 p.m. on Saturdays. These tournaments
may occur up to 2 Saturdays, mid - August through mid -June.
8. EVENING/NIGHTTIME AND WEEKEND EVENTS: Evening/nighttime events are
events that occur between 6:00 p.m. and 9:00 p.m. Evening/nighttime and weekend events
are permitted up to 10 times per academic year, mid - August through mid -June. These
events must be listed by August 1St on a publicly accessible online School Calendar.
9. OPEN HOUSE: One weekend Open House per calendar year is permitted 7:30 a.m. to 3:30
p.m. (vehicles off campus by 4:00 p.m.), Saturday only (not Sunday), mid - August through
mid -June. This event does not count as one of the 10 exception days from the maximum
number of daily vehicle trips.
10. DELIVERY HOURS: Deliveries shall only occur between 7:00 a.m. and 7:00 p.m.,
Monday through Friday.
11. SUMMER SESSION: A summer program is permitted between mid -June and mid - August
for six contiguous weeks. Summer hours are limited to 8:30 a.m. to 1:00 p.m., Monday
through Friday.
12. PROFESSIONAL DEVELOPMENT /CONFERENCES: Training for the parents of
enrolled students and/or the school's faculty only is permitted from 7:30 a.m. to 6:00 p.m.,
unless designated as a nighttime exception, Monday through Friday, mid - August through
mid -June. No other conferences are permitted.
13. THIRD PARTY USE/RENTAL /LEASE: Third party use is allowed. A third party use is
defined as a school program run by an entity that is under a contractual partnership
agreement with the school, payments for participation in the activity are paid directly to the
school, and the school has control of the operations of the activity. Any such third party
use will be subject to all of the conditions contained in this Conditional Use Permit.
14. ADDITIONAL ACTIVITIES: Any activity that is not expressly identified in this Permit is
prohibited.
15. NUMBER OF STUDENTS: The maximum number of students shall be limited to 414
students over the life of the Conditional Use Permit with an increase over 315 students of
up to 33 in year 2016 -2017, up to an additional 33 in year 2017 -2018, and up to an
additional 33 in year 2018 -2019. The right to add any additional students is contingent on
the school's compliance with the traffic count requirements. The maximum number of
students during the summer session is 150.
16. INITIAL REVIEW: Six months after the date of this approval, the Town Council shall
review the school's compliance with the maximum number of daily vehicle trips. At a
publicly noticed hearing, Town Council will consider whether there is merit to increase the
number of students from 315 based on compliance with the maximum number of daily
vehicle trips. This review shall be completed at the school's expense.
17. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: The maximum number of daily
vehicle trips shall not exceed 880 pursuant to the following:
a. The school may designate 10 days per year that can be removed from the maximum
calculation, which shall be referred to as "exception days."
b. Exception days shall not exceed 960 maximum daily vehicle trips.
c. Exception days must be identified on a publicly accessible online School Calendar by
August 1St
d. The maximum number of daily vehicle trips shall not exceed 300 during the summer
session as defined in condition 11.
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18. MANDATORY TRAFFIC DEMAND MANAGEMENT PLAN: The school shall
implement, at its expense, a Mandatory Traffic Demand Management Plan consisting of
any of the following means to limit daily vehicle trips: carpools, busing, shuttle buses,
traditional school buses, bicycling, walking management plans, or other methods submitted
by the school. The school must inform persons and entities, covered by the plan, that
pickup and drop -offs are prohibited on public streets in the immediate vicinity of the
school. The school is solely responsible for enforcement of and compliance with a
Mandatory Traffic Demand Management Plan.
19. TRAFFIC COUNT MONITORING: The school shall monitor its compliance using the
existing embedded counter and by installing tube counters as a backup. The data from the
counters will be used to determine whether the school has complied with the traffic
requirements contained in condition 17. The Town shall conduct ongoing traffic data
validation by contracting for a random manual traffic count for three days, each semester.
The data shall be compared with Sensys data (i.e, the embedded counter data) and results
provided to the Town Traffic Engineer. If the Town Traffic Engineer finds the school out
of compliance, the Town shall contract for additional data collection, with a one week
mechanical (hose) traffic count to verify the counts. The school shall be considered out of
compliance if any mechanical readings exceed the Sensys counts by more than five percent
and where the readings are above the maximum number of daily vehicle trips. If the
Sensys data continues to demonstrate ongoing non - compliance, the discrepancy shall
trigger the compliance proceedings portion of the CUP. The school is required to
reimburse the Town for all staff and contract services associated with this condition.
20. BUS STOPS: The school may continue to use bus stop locations negotiated with private
businesses. Any existing or new bus stop must be approved by the Los Gatos Parks and
Public Works Department as a suitable and safe place for a bus stop.
21. PARKING: All parking shall be accommodated onsite.
22. PICK -UP AND DROP -OFF AREA: A pick -up and drop -off area shall be maintained on
school grounds.
23. 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 opened for
construction access only if it is part of an approved construction plan for an Architecture
and Site application.
24. CURFEW AND NOISE: The school shall comply with the Town Code governing curfew
and noise levels with the exception of one amplified DJ event, mid - August through mid -
June (not summer).
25. ONGOING COMPLIANCE REVIEW: Upon completion of the six -month initial review
set forth in condition 16, the Planning Commission shall conduct an annual review to
determine if the school is in compliance with this Conditional Use Permit. If, at any
reviews, the Planning Commission finds that the school is in violation of this Conditional
Use Permit or that new or more effective data collection methods are available to compute
traffic counts, then the Conditional Use Permit may be modified and /or revoked as allowed
under the Town Code. Compliance review shall be completed at the school's expense.
26. PENALTIES FOR EXCEEDANCES OF THE MAXIMUM DAILY TRIP CAP:
a. If the Town's Traffic Consultant's review of the trip cap monthly monitoring reports
reveals that the number of trips exceeds the maximum daily trip cap, the applicant shall
pay a penalty of $1,000 per day and $100 per excess trip.
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b. If the Town's Traffic Consultant's review of the trip cap monthly 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 $2,500 per day and
$250 per excess trip.
c. If the Town's Traffic Consultant's review of the trip cap monthly 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 $5,000 per day and
$500 per excess trip.
d. Penalty money shall be paid to the Town and used towards neighborhood
traffic /pedestrian improvements as approved by the Town's Parks and Public Works
Director.
e. The school is not subject to fines in the first six months after the date of this approval.
27. NEIGHBORHOOD COORDINATION: The school shall post a schedule of events on a
website accessible to the public at the beginning of every academic calendar year.
28. 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.
29. 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.
30. 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.
31. 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.
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