Staff Report with Exhibits.300 Marchmont
PREPARED BY: JOCELYN SHOOPMAN
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 12/13/2023
ITEM NO: 6
DATE: December 8, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Annual Review of an Approved Conditional Use Permit for an Existing Private
School (Hillbrook School) on Property Zoned HR-1. Located at 300
Marchmont Drive. APNs 532-10-01 and 532-11-011. Conditional Use Permit
Application U-12-002. Applicant/Property Owner: Mark Silver/Hillbrook
School. Project Planner: Jocelyn Shoopman.
RECOMMENDATION:
Accept this report for the annual review of the Conditional Use Permit (CUP) for an existing
Private School (Hillbrook School) on property zoned HR-1, located at 300 Marchmont Drive.
PROJECT DATA:
General Plan Designation: Hillside Residential and Low Density Residential
Zoning Designation: HR-1, Hillside Residential
Applicable Plans & Standards: General Plan
Parcel Size: 14 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8, R-1:10, and R-1:20
South Residential Low Density Residential
& Agriculture
R-1:10, R-1:12, and RC
East Residential Hillside Residential
& Open Space
R-1:10, R-1:12, and RC
West Residential Low Density Residential R-1:8 and R-1:10
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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CEQA:
An Environmental Impact Report (EIR) was certified by the Planning Commission on
October 6, 2014, and no further environmental review is required.
FINDINGS:
▪ An EIR was prepared for the CUP and was certified by the Planning Commission on October
6, 2014, and no further environmental review is required; and
▪ Compliance with CUP U-12-002.
ACTION:
Accept this report for the annual review of the CUP as required by Condition 25 (Exhibit 3).
BACKGROUND:
On October 6, 2014, the Planning Commission certified the EIR and approved a request to
modify a CUP to increase school enrollment and modify the operations of Hillbrook School.
On October 8, 2014, the Town received an appeal of the decision of the Planning Commission
from the applicant, Mark Silver. On October 17, 2014, the Town also received an appeal of the
decision of the Planning Commission from Elliot et al. The appeal was considered by the Town
Council on January 13, 2015, February 17, 2015, and March 17, 2015.
On March 17, 2015, the Town Council adopted Resolution 2015-018 approving the request to
modify the CUP to incrementally increase school enrollment and modify the operations of
Hillbrook School subject to modified Conditions of Approval (Exhibit 3).
On November 3, 2015, the Town Council held a public hearing for the initial six-month review of
the CUP to determine whether there was merit to increase the number of students based on
Hillbrook School’s compliance with the maximum number of daily trips. The Town Council
approved the initial review and request to increase the school enrollment by 33 students for a
maximum of 348 students for the 2016-2017 school year. On August 31, 2016, Hillbrook School
vested their CUP by increasing the number of students by an additional 23 students for the
2016-2017 school year as allowed by Condition 2 (Exhibit 3).
On October 17, 2016, the Planning Commission held a public hearing for the annual review of
the CUP as required by Condition 25 (Exhibit 3) to determine whether there was merit to
increase the number of students based on Hillbrook School’s compliance with the maximum
number of daily trips. The Planning Commission approved the annual review and request to
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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BACKGROUND (continued):
increase the school enrollment by an additional 33 students for a maximum of 381 students for
the 2017-2018 school year.
On September 27, 2017, the Planning Commission held a public hearing for the annual review
of the CUP as required by Condition 25 (Exhibit 3) to determine whether there was merit to
increase the number of students based on Hillbrook School’s compliance with the maximum
number of daily trips. The Planning Commission approved the annual review and final request
to increase the school enrollment by an additional 33 students for a maximum of 414 students
for the 2018-2019 school year. Additionally, the Planning Commission provided the following
recommendations for inclusion in future annual reviews:
1. Urge Hillbrook School to be diligent about ascertaining the operation of the monitoring
systems and to that end to incorporate suggestions made by W Trans for calibration;
2. Urge Hillbrook School to follow the updated Data Collection Workflow from W Trans; and
3. Select three sporadic, non-consecutive days, including at least one sports event day, and
conduct future counts in a 24-hour day period.
On October 24, 2018, and November 13, 2019, the Planning Commission held public hearings
for the annual reviews of the CUP as required by Condition 25 (Exhibit 3). The Planning
Commission found Hillbrook School to be in compliance with the CUP and approved the annual
review in both cases.
On March 16, 2020, Hillbrook School closed for in-person learning due to the Santa Clara
County Public Health Office order and began distance learning. Hillbrook School resumed in-
person learning on September 23, 2020, until the end of the school year on May 28, 2021. Due
to the Santa Clara County Public Health Office order, an annual review of the CUP by the
Planning Commission did not take place in the fall of 2020.
On November 10, 2021, and November 9, 2022, the Planning Commission held public hearings
for the annual reviews of the CUP as required by Condition 25 (Exhibit 3). The Planning
Commission found Hillbrook School to be in compliance with the CUP and approved the annual
review in both cases.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at 300 Marchmont Drive (Exhibit 1), at the east end of Marchmont
Drive, south of Shannon Road and east of Los Gatos Boulevard.
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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PROJECT DESCRIPTION (continued):
B. Zoning Compliance
The zoning designation, Hillside Residential (HR), allows a school pursuant to the approved
CUP.
DISCUSSION:
A. Conditional Use Permit Annual Review
The applicant, Hillbrook School, has provided a letter of justification (Exhibit 7) describing
the actions taken to comply with the CUP (Exhibit 3) as outlined below:
• Posted a list of the School’s exception days and evening events on their publicly
accessible website as required by Condition 27; and
• No athletic competitions were held on campus as discussed in Condition 5 (Exhibit 3);
• Maintained a mandatory Traffic Demand Management Plan (TDM) as required by
Condition 18;
• Installed and monitored the traffic count monitoring system as required by Condition
19;
• Worked with the Parks and Public Works Department to ensure approval of existing and
proposed bus stops (Exhibit 6) as required by Condition 20;
• Enrolled no more than the maximum of 414 students for the 2020-2021 school year as
required by Condition 15 (as of December 5, 2023, 353 students were enrolled); and
• Reduced the School’s summer programs as required by Condition 11.
B. Traffic – Fall 2022 Semester
On November 16, 2023, the Town’s traffic consultant, W Trans, submitted the Traffic
Monitoring Report for the fall 2022 semester (Exhibit 4). The consultant completed a
video review of the traffic count for December 6, December 8, and December 14, 2022, as
required by Condition 19. On December 14, 2022, Hillbrook School held their “Winter
Concert” during the evening, an exception day as noted by Hillbrook School’s calendar.
December 6, 2022, and December 8, 2022, were both typical school days. As detailed in the
report, on December 6 and December 8, 2022, the vehicle trips (828 and 704, respectively)
did not exceed the maximum of 880 daily vehicle trips as allowed by Condition 17, and on
December 14, 2022, the vehicle trips (862) did not exceed the maximum of 960 daily vehicle
trips for an exception day as allowed by Condition 17. The average difference between the
video count and Sensys data for the three-day period was 3.49 percent.
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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DISCUSSION (continued):
Pursuant to Condition 26 (Exhibit 3), the Town’s traffic consultant, W Trans’, review of the
monthly monitoring report identified that on October 26, 2022, 900 daily vehicle trips were
recorded by the Sensys magnetometers, an existing embedded counter that is located
within the roadway of Marchmont Drive, outside of the gates of Hillbrook School. October
26, 2022, was not recorded as an exception day as noted by Hillbrook School’s calendar, and
therefore exceeded the maximum of 880 daily vehicle trips as allowed by Condition 17.
Pursuant to Condition 17, data from the pneumatic tube counters, located in the entrance
and exit lanes just outside of the gates of Hillbrook School was requested by W Trans. The
pneumatic tube counter data showed that there were 895 trips that were made on October
26, 2023. The pneumatic tube counters are considered more accurate than Sensys counts
and were therefore used for determination on the number of vehicle trips over the 880 -trip
threshold (Exhibit 4). Pursuant to Condition 26, the applicant shall pay a penalty of $1,000
dollars per day and $100 dollars per excess trip. As a result, Hillbrook School would owe
$2,500 dollars in penalties.
C. Traffic – Spring 2023 Semester
On November 16, 2023, the Town’s traffic consultant, W Trans, submitted the Traffic
Monitoring Report for the spring 2023 semester (Exhibit 5). The consultant completed a
video review of the traffic count for March 28, March 30, and April 5, 2023, as required by
Condition 19. On March 30, 2023, Hillbrook School held their “Middle School SIL Impact
Summit” event, an exception day as noted by Hillbrook School’s calendar. March 28, 2023,
and April 5, 2023, were both typical school days. As detailed in the report, on April 5, 2023,
the vehicle trips (645 respectively) did not exceed the maximum of 880 daily vehicle trips as
allowed by Condition 17 and on March 30, 2023, the vehicle trips (765) did not exceed the
maximum of 960 daily vehicle trips for an exception day as allowed by Condition 17.
However, on March 28, 2022, 930 daily vehicle trips were recorded. March 28, 2023, was
not recorded as an exception day as noted by Hillbrook School’s calendar, and therefore
exceeded the maximum of 880 daily vehicle trips as allowed by Condition 17. Pursuant to
Condition 17, data from the pneumatic tube counters, embedded within the roadway of
Marchmont Drive, adjacent to the gates of Hillbrook School was requested by the W Trans.
The pneumatic tube counter data showed that there were 901 trips that were made on
March 28, 2023 (Exhibit 5). The average difference between the video count and Sensys
data for the three-day period was 3.72 percent.
Pursuant to Condition 26, the Town’s traffic consultant, W Trans’, review of the monthly
monitoring reports identified two additional days that Hillbrook School exceeded the
maximum number of daily trips (Exhibit 5). On March 21, 2023, 934 daily vehicle trips were
recorded and on April 18, 2023, 884 daily vehicle trips were recorded by the Sensys
magnetometers. March 21 and April 18, 2023, were not recorded as exception days as
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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DISCUSSION (continued):
noted by Hillbrook School’s calendar, and therefore exceeded the maximum of 880 daily
vehicle trips as allowed by Condition 17. Pursuant to Condition 17, data from the
pneumatic tube counters, located in the entrance and exit lanes just outside of the gates of
Hillbrook School was requested by W Trans. The pneumatic tube counter data showed that
there were 882 trips that were made on March 21, 2023, and 881 trips that were made on
April 18, 2023. The pneumatic tube counters are considered more accurate than Sensys
counts and were therefore used for determination on the number of vehicle trips over the
880-trip threshold (Exhibit 5). Pursuant to Condition 26, the applicant shall pay a penalty of
$1,000 dollars per day and $100 dollars per excess trip. As a result, Hillbrook School would
owe $5,400 dollars in penalties.
The Town’s traffic consultant, W Trans is recommending that a representative from Sensys
visit the school to audit the sensors, as well determine why there is a discrepancy with the
embedded sensors counting of vehicles entering and exiting the campus. W Trans will be
available at the meeting to answer any questions from the Planning Commission.
Pursuant to Condition 25, if the Planning Commission finds that the school is in violation of
the CUP or that new or more effective data collection methods are available to compute
traffic counts, then the CUP may be modified and/or revoked as allowed under the Town
Code. The Town’s Traffic Engineer, and the Town’s traffic consultant, W Trans, have
confirmed that there is not new or more effective data collection methods available to
compute the traffic counts, than the existing Sensys magnetometers and pneumatic tube
counters.
D. Hillbrook School Response to Traffic Monitoring Reports
In response to the Traffic Monitoring Reports for the fall 2022 and spring 2023 semesters,
Hillbrook School provided a letter describing the background of the CUP, how it has been
managed, and traffic challenges during the 2022-2023 school year that may have
contributed to exceeding the maximum of 880 daily vehicle trips. As described in Hillbrook
School’s letter, this is the first time since 2015 that the maximum number of daily vehicle
trips have been exceeded. Hillbrook School has stated that the period of inclement weather
during the months of March and April 2023 may have contributed to the increased number
of vehicle trips in comparison to previous years, and as a result the school is proactively
looking at ways to better prepare for such instances, including the creation of a new
position at the school to manage activities on campus each day (Exhibit 7).
The letter provided by Hillbrook School also discussed a potential reason for the
discrepancy between the Sensys magnetometers and the pneumatic tube counter vehicle
trip readings, based on their location and proximity to other vehicles not associated with
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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DISCUSSION (continued):
the school, such as construction vehicles that are associated with nearby single-family
homes. Additionally, Hillbrook School provided background in response to a modification
that was made to the posting of the school’s events for the academic year pursuant to
Condition 27 (Exhibit 7). As result, Hillbrook School is requesting that the Planning
Commission modify Condition 27 to allow for more flexibility in managing the 10 exceptions
days, as allowed by Condition 17.
Condition 27 as described in the CUP is provided below, with potential modifications
included in underlined text:
27. NEIGHBORHOOD COORDINATION: The school shall post a schedule of events on a
website accessible to the public at the beginning of each semester of the every
academic calendar year.
E. CEQA Determination
An EIR was previously certified by the Planning Commission on October 6, 2014, and no
further environmental review is required.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 500 feet of the property.
CONCLUSION:
A. Conclusion
Based on the information in this report, staff has determined that Hillbrook School is in
compliance with their CUP with the exception of the maximum number of vehicle trips,
which will be addressed through payment of required penalties.
B. Recommendation
Based on the analysis above, staff recommends accepting this report for the annual review
of the CUP as required by Condition 25, the required penalties as outlined in Condition 26,
and providing recommendations, if applicable, to the applicant, Hillbrook School, for the
next annual review, in addition to a modification of Condition 27. If the Planning
Commission finds merit with the request, it should:
1. Find that no further environmental analysis is required (Exhibit 2);
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 8, 2023
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CONCLUSION (continued):
2. Find that Hillbrook School is in compliance with their CUP with the exception of the
maximum number of vehicle trips (Exhibit 2);
3. Find that payment of penalties is required per Condition 26 (Exhibit 3); and
4. Approve recommended modification to Condition of Approval 27 .
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific directio n.
EXHIBITS:
1. Location Map
2. Required Findings
3. Conditional Use Permit U-12-002
4. Fall 2022 Traffic Monitoring Report
5. Spring 2023 Traffic Monitoring Report
6. Hillbrook School Bus Stops for 2023-2024 School Year
7. Hillbrook School Letter of Justification
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EXHIBIT 1
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EXHIBIT 2
PLANNING COMMISSION – December 13, 2023
REQUIRED FINDINGS:
300 Marchmont Drive
Conditional Use Permit Application U-12-002
Annual Review of an Approved Conditional Use Permit for an Existing Private School
(Hillbrook School) on Property Zoned HR-1. APNS 532-10-001 and 532-11-011.
APPLICANT/PROPERTY OWNER: Hillbrook School/Mark Silver
FINDINGS
Required finding for CEQA:
■ An Environmental Impact Report (EIR) was prepared for the Conditional Use Permit and was
certified by the Planning Commission on October 6, 2014, and no further environmental
review is required.
Required findings for compliance with Conditional Use Permit (U-12-002):
■ Find that Hillbrook School is in compliance with their Conditional Use Permit with the
exception of the maximum number of vehicle trips, which will be addressed through
payment of required penalties.
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1
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 (8th) 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,
EXHIBIT 3
2
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.
4
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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Hillbrook School Bus Routes 2023-24
Red Line
Serving the Rose Garden and Cambrian areas
AM Bus Stops
Arrives at: 7:05 AM
680 Dana Ave, San Jose, 95126
Hester Park & Rose Garden Library
Arrives at: 7:15 AM
1690 S Bascom Ave, San Jose, 95008
Hamilton Shopping Center (near Whole Foods Market/Starbucks)
Arrives at: 7:25 AM
3053 Meridian Ave, San Jose, 95124
Front of Wells Fargo parking lot
Arrives at: 7:35 AM
14458 Union Ave, San Jose, CA 95124
Cambrian Park Plaza (near Blackbird Ceramics Studio)
Arrives at: 7:40 AM
15885 Los Gatos Almaden Rd., Los Gatos, 95032
Holy Cross Lutheran Church
Arrives at: 7:45 AM
20 Cherry Blossom Ln. Los Gatos, 95032
Shir Hadash
EXHIBIT 6
Hillbrook School Bus Routes 2023-24
Arrives to Hillbrook at 7:50 AM
Red Line PM Route
Arrives at:3:15 PM
20 Cherry Blossom Ln.Los Gatos,95032
Shir Hadash
Arrives at:3:23 PM
Camino Del Cerro &Los Gatos Almaden Rd
Arrives at:3:30 PM
14458 Union Ave,San Jose,CA 95124
Cambrian Park Plaza (near Blackbird Ceramics Studio)
Arrives at:3:40
3053 Meridian Ave,San Jose,95124
Front of Wells Fargo parking lot
Arrives at:3:50 PM
1690 S Bascom Ave,Campbell,95008
Hamilton Shopping Center (near Whole Foods Market/Starbucks)
Arrives at:4:00 PM
680 Dana Ave,San Jose,95126
Hester Park &Rose Garden Library
Hillbrook School Bus Routes 2023-24
Yellow Line
AM Stops
Arrives at 7:08 AM
3550 Homestead Rd,Santa Clara,CA 95051
Lawrence Station Shopping Center (near Homestead Auto Wash)
Arrives at 7:18 AM
5365 Prospect Road,San Jose,95129
Prospect &Lawrence Shopping Center
Arrives at 7:25
18764 Cox Ave,Saratoga,95070
Quito Village
Arrives at:7:35 AM
Winchester &Newell,Los Gatos,95032
Bay Club Courtside (overflow parking lot)
Arrives at:7:40 AM
15861 Winchester Blvd.at Via Sereno
Arrives at:7:45 AM
Gem Ave.&Kennedy Road
Arrives at Hillbrook at 7:50 AM.
PM Stops
PM bus departs Hillbrook at 3:10 PM.
Arrives at 3:13 PM
Hillbrook School Bus Routes 2023-24
16929 Kennedy Road/Ferris Ave
Arrives at 3:20 PM
140 Saratoga Los Gatos Rd.,Los Gatos,95032
(near Chase Bank &Coldwell Banker)Public Parking Lot
Arrives at:3:25 PM
14675 Winchester Blvd,Los Gatos,CA 95032
Bay Club Courtside
Arrives at 3:38 PM
5365 Prospect Road
Prospect &Lawrence Shopping Center
Arrives at 3:48 PM
3550 Homestead Rd,Santa Clara,CA 95051
Lawrence Station Shopping Center (near Homestead Auto Wash)
Arrives at:4:05 PM
1975 Grant Rd.,Los Altos,94024
Woodland Branch Library
Green Line
Serving the Willow Glen and Almaden areas
AM Bus Stops
Arrives at:7:08 AM
1309 Willow Street,San Jose,95125
Willow &Camino Ramon VTA bus stop
Arrives at:7:15 AM
Curtner Ave &Radio Ave,San Jose,CA 95125
Hillbrook School Bus Routes 2023-24
Lincoln Glen Park
Arrives at:7:28 AM
1110 Blossom Hill Rd #10,San Jose,CA 95118
AT&T Store/Office Max
Arrives at:7:38 AM
14184 Blossom Hill Rd,Los Gatos,95032
Blossom Hill Square Shopping Center (behind US Bank)
Arrives at 7:45 AM
16445 Shannon Rd,Los Gatos,95032
Blossom Hill Park
Arrives at Hillbrook at 7:50 AM.
PM Bus Stops
PM bus on this route departs Hillbrook at 3:10 PM
Arrives at 3:15 PM
16445 Shannon Road,Los Gatos,95032
Blossom Hill Park
Arrives at 3:25 PM
14184 Blossom Hill Rd.,Los Gatos,95032
Blossom Hill Square Shopping Center (behind US Bank)
Arrives at 3:35 PM
1110 Blossom Hill Rd #10,San Jose,CA 95118
AT&T Store/Office Max
Hillbrook School Bus Routes 2023-24
Arrives at:3:45 PM
Curtner Ave &Radio Ave,San Jose,CA 95125
Lincoln Glen Park
Arrives at:3:50 PM
1309 Willow Street,San Jose,95125
Willow &Camino Ramon VTA stop
Blue Line (AM only)
Serving the Los Altos and Los Gatos areas
AM Stops -Route 1
Arrives at:7:00 AM
1975 Grant Rd.,Los Altos,94024
Woodland Branch Library
Arrives at:7:20 AM
20 Cherry Blossom Ln.Los Gatos,95032
Shir Hadash parking lot
Arrives to Hillbrook at 7:25 AM
AM Stops -Route 2
Arrives at:7:38 AM
276 N Santa Cruz Ave
Parking lot behind OY!Gluten Free Baking
Arrives at:7:45 AM
151 E Main Street,Los Gatos,95030
Hillbrook School Bus Routes 2023-24
High School Court/Main Street,Los Gatos,CA 95030
Arrives at Hillbrook at 7:52 AM.
Save time and gain convenience with
our around town shuttles.
Shir Hadash -20 Cherry Blossom Lane
Departs at 7:20 AM Arrival to Hillbrook 7:25 AM
Departs at 7:45 AM Arrival to Hillbrook 7:50 AM
Late Bus
Late buses are provided for students participating in after school athletics,activities and
enrichment classes.
Shir Hadash -20 Cherry Blossom Lane
Departs Hillbrook Arrives to Shir Hadash
4:00 PM 4:05PM
4:15 PM 4:20 PM
4:30 PM 4:35 PM
4:45 PM 4:50 PM
5:00 PM 5:05 PM
At 5:15 PM,the Late Bus does a final route to Downtown San Jose,stopping along the way.
Arrives at:5:05 PM
20 Cherry Blossom Ln.Los Gatos,95032
Shir Hadash,
Arrives at:5:40 PM
Hillbrook School Bus Routes 2023-24
1560 Hamilton Ave,San Jose,95125
Meridian &Hamilton
Arrives at:5:50 PM
65 Cahill St.San Jose,95110
Diridon Station
Arrives at:6:00 PM
151 S.Almaden Blvd,San Jose,95110
Hillbrook School -San Jose
Upper School Bus Routes
San Jose AM Route Bus Stops
Departs Hillbrook Marchmont Campus at 7:50 AM
Arrives at:8:00 AM
Camino Del Cerro &Los Gatos Almaden Rd
Arrives at:8:20 AM
2348 Canoas Garden Ave,San Jose,95118
Curtner Light Rail Station
Arrives at:8:30 AM
151 S.Almaden Blvd,San Jose,95110
Adobe Headquarters
Saratoga AM Bus Route Bus Stops
Departs Hillbrook Marchmont Campus at 7:50 AM
Hillbrook School Bus Routes 2023-24
Arrives at:8:05 AM
18764 Cox Ave.,Saratoga 95070
Quito Village Shopping Center
Arrives at:8:25 AM
65 Cahill St,San Jose,CA 95110
San Jose Diridon Station
Arrives at:8:30 AM
151 S.Almaden Blvd,San Jose,95110
Adobe Headquarters
Late Buses
Departs Hillbrook Upper School at 3:20 PM
Arrives at:3:45 PM
Hillbrook School Lower and Middle School
Arrives at:5:35 PM
20 Cherry Blossom Ln.Los Gatos,95032
Shir Hadash
Arrives at:5:55 PM
1560 Hamilton Ave,San Jose,95125
Meridian &Hamilton
Arrives at:6:05 PM
65 Cahill St.San Jose,95110
Hillbrook School Bus Routes 2023-24
Diridon Station
Arrives at:6:10 PM
151 S.Almaden Blvd,San Jose,95110
Hillbrook School -San Jose
________________________________________________________________
Dear Commissioners,
The following is our annual update to the Planning Commission. This update details our continuing
efforts to remain in full compliance with the conditional use permit.
Background
The Town Council approved our current CUP in March 2015. The CUP allowed the school to increase
enrollment by granting us a new enrollment cap (414 students), and also created a series of conditions to
ensure that we maintained traffic levels consistent with our previous enrollment cap of 315 students.
The key provisions included expectations that the school would implement a robust Traffic Demand
Management program, limits on evening and nighttime events, limits on the number of sports events on
campus, and a daily traffic count that is monitored by a third-party.
Since that approval eight years ago, the school has provided yearly reports to the Planning Commission
outlining our compliance. Over the last few years, the Planning Commission has treated the yearly
review as a consent agenda item.
This year, for the first time since we received the new CUP, we had several days where we violated the
traffic count, a situation we will detail below.
How do we manage our CUP?
We have a robust set of systems in place to meet the conditions of our CUP. In particular, we have
designed and implemented a robust and mandatory Traffic Demand Management plan (TDM plan).
Highlights of the plan include:
●A clear expectation for all families that they bike, walk, shuttle, or carpool to school each day.
●A Transportation Coordinator and an Assistant Transportation Coordinator who oversee our TDM
and ensure that families understand the expectations and are given support in meeting the
requirements.
EXHIBIT 7
●Four shuttles that bring students to and from school each day.Overall,more than 40 percent of
students are consistently using the shuttles.
●An active carpooling program that includes online maps that help families identify carpool
buddies.The Transportation Coordinator supports families looking for carpool matches.
●Extensive signage that reminds people to drive slowly through the neighborhood (25 mph on
Lower Marchmont and 15 mph on Upper Marchmont).
●Active participation in Safe Routes to School.Hillbrook is the only private school in Los Gatos
that is an active member of this important organization.
●Various measures to encourage employee carpooling and alternative transportation options,
including financial incentives for using alternative forms of transportation.We also have daily
shuttles for employees from off-site parking locations.
Information about the plan are available on our public website for families and for community members
-link here.
In addition to managing traffic,we also have taken steps to comply with other key parts of the CUP.In
particular,the school has:
●Posted the exception days and a list of the evening events for the 2022-23 school year on our
publicly accessible neighborhood section of our website as of August 1,2022 -link here.As is
noted in the Spring monitoring report,we did shift one of the days after the August 1 deadline.
We share additional thoughts below about the challenges of this process and our ongoing efforts
to best manage it.
●Structured our athletic program so that we only have athletic contests on campus at most three
days a week and only two days outside
●Installed and continued to monitor the traffic count monitoring system as approved by the Town
of Los Gatos.
●Worked with the Los Gatos Parks &Public Works department to ensure approval of any new bus
stops as explained in the CUP.
●Enrolled no more than the 414 maximum number of students for the 2018-19 school year.As of
the first day of school,September 1,2023 we had 350 students enrolled.
●Reduced our summer programs to be in compliance with the requirements described in the CUP.
As a school,we have shared with our families the history of the CUP and the reasons why it is important
that they actively participate in our TDM.The following document provides a short background and
reminds parents of the importance of being good neighbors.
The following are the exception days for the 2023-24 school year (days in which the school can have up
to 480 cars exiting campus):
Family Fun Night -September 8,2023
Back To School Night -September 14,2023
Winter Concert -December 20,2023
8th Grade SIL Impact Summit -February 1,2024
New JK/K Family Event -May 9,2024
8th Grade Musical -May 16th,2024
8th Grade Musical -May 17th,2024
Alumni Celebration -May 31,2024
The following are the evening &weekend events for the 2023-24 school year:
Family Fun Night -September 8,2023
Back To School Night -September 14,2023
Board/Employee Dinner -October 18th,2023
Winter Concert -December 20,2023
Open House -January 20th,2024
8th Grade SIL Impact Summit -February 1,2024
8th Grade Musical -May 16th,2024
8th Grade Musical -May 17th,2024
Alumni Celebration -May 31,2024
8th Grade Recognition Ceremony -June 3rd,2024
Traffic Challenges during the 2022-23 school Year
The Planning Commission will see when it reviews our traffic from the 2022-23 school year that we had
six days when we exceeded the daily cap of 880 cars (one in the Fall and five in the Spring).The following
are the results as reported in the W-Trans reports for the Fall and Spring.
October 26,2022 -900 daily trips captured on Sensy,895 on tube counter
March 17,2023 -898 daily trips capture on Sensys,875 on tube counter
March 21,2023 -934 daily trips captured on Sensy,882 on tube counter
March 28,2023 -940 daily trips counted on Sensys,901 on tube counter
March 29,2023 -888 daily trips counted on Sensys,835 on tube counter
April 18,2023 -884 daily trips counted on Sensys,881 on tube counter
As a school,we have looked hard at the violations last year,the first time since the Town approved our
CUP in 2015 that we exceeded the daily cap.First,we want to acknowledge that on four of the six days
we recognize we exceeded the car count.As a school,we have worked hard to understand what
happened on those days and to make adjustments to ensure as best as possible that we do not exceed
the car count on future days.Looking at the days in March and April,we struggled to manage what was
an incredibly rainy stretch of days.We are looking at ways to better prepare for the rainy season this
year,including creating a new position at the school that is paying close attention to managing activities
on campus each day.
We also want to offer insight into the dynamics of the Sensys counter.As W-Trans shared in its report,“It
is noted that the normal daily vehicle trips from the houses located adjacent to Hillbrook School on
Marchmont Drive have the potential to also be detected by the Sensys counters.”To be clear,the
counters are outside of our gates meaning that they pick-up some cars every day that do not come onto
campus (see Appendix A,diagram of traffic counters).The number of cars has increased over the last few
years.A review of the data from the W-trans for both the Fall and the Spring shows that on all 6 days in
which they recorded video,the Sensys Count was higher,with an average of 28 trips in the Fall and an
average of 37 trips in the Spring.You will see a similar trend on the days where you compare Sensys to
our tube counter,with every day showing a higher Sensys count.
In general it is not an issue,as we are under the 880 count on the vast majority of days.On days that we
are close,however,the additional cars come into play.With that in mind,we would ask you to rely on
the tube counter to more accurately capture the car count on those days.As noted above,we recognize
that the tube counter shows we violated on four of the days (October 26,March 21,March 28,April 18).
We would respectfully ask the Planning Commission to use the tube counter on the other two days
(March 17 and March 29)to verify we did not exceed the car count.In addition,as we explain in the next
paragraph,March 29 traffic was higher because we had to move an evening event from March 30 to
March 29.Thus,we had an exception day on March 30 that was supposed to account for the increased
traffic that took place on March 29.
As noted above,we also want to offer an explanation for the switch in our calendar following its
publication on August 1.In particular,we moved our 8th grade SIL Impact Summit from Thursday,March
30 to Wednesday,March 29,in order to support an adjustment in our Reach Beyond Week travel plans
that had not been clear prior to the Fall.In addition,we moved our Alumni Celebration from Friday,May
12 to Friday,June 2,as our 8th graders,who participate in the event,were on a class trip on Friday,May
12.While we do our best to have all plans in place by August 1,we want to stress how complicated that
can be given the many moving parts of a school,and,in the end,we sometimes have to make shifts.
The Planning Commission will also note that we only listed eight exception days for the 2023-24 school
year.The reality is that over these past seven years,we have found only a limited number of days that
we can predictably expect to exceed the car count.We respectfully request that the Planning Commision
consider allowing us more flexibility in managing our 10 exception days.
We continue to work hard to effectively manage the CUP,and,most importantly,we continue to make a
concerted effort to be a positive member of the greater Marchmont neighborhood and the Los Gatos
community.
Sincerely,
Mark Silver Shannon Hunt-Scott
Head of School Chair,Board of Trustees
HILLBROOK’S CONDITIONAL USE PERMIT
A History & Overview
Many families have likely heard, at some point during their time at Hillbrook, about the
CUP. Indeed, one of the most common questions we are asked is, “What exactly is the
CUP and why does the Town of Los Gatos create limits on traffic coming on and off
campus?” We wanted to take this opportunity to provide some background for families
and to help people understand the history behind the CUP and the ways we can
continue to come together as a community to both actively utilize our campus as a
community hub AND comply with the traffic conditions in our CUP.
A LITTLE BACKGROUND
Every business (restaurants, stores, private schools) has a conditional use permit (CUP). Our
current CUP was approved in 2015, after a lengthy process with the Town of Los Gatos. Under
the school’s previous CUP, we had an enrollment cap of 315 students, which significantly
limited our ability to provide the educational program that we envisioned for our students.
Thus, in 2012, we approached the Town and applied to modify our CUP, with a request to
increase our enrollment cap from 315 to 414. Over the next few years, we worked closely with
neighbors and the Town to reach an agreement. Many long meetings at both the Planning
Commission and the Town Council ensued, with members of our community passionately
supporting our efforts and neighbors just as passionately raising concerns about traffic. The final
result granted the school our request for the new enrollment cap in exchange for revised
conditions limiting traffic, campus hours, nighttime events, and summer programming.
The dynamic program we have developed over the last 8 years, including our reach beyond
programming inspired and led by the Scott Center for Social Entrepreneurship and our robust
co-curricular program particularly in the Middle School, would not have been possible without
the financial and programmatic development we were able to provide through growth.
Expansion has significantly strengthened our program, our school, and our community.
At the same time, the CUP approved by the Town of Los Gatos in 2015 creates certain
challenges for our operations that we have worked hard to manage. Under the CUP, the Town
of Los Gatos requires Hillbrook to comply with the following key conditions:
• We can have a maximum of 440 trips off campus each day. A counter installed in the
street outside our gates counts each vehicle as it leaves campus. This counter is
operational throughout the year (24/7/365).
• We are allowed 10 exception days which are shared with the Town of Los Gatos in
August. On those exception days we can have up to 480 trips off campus each day (960
trips total).
• We are allowed 10 nighttime or weekend events each year which are also shared
with the Town of Los Gatos in August.
• Summer programs are limited to 6 contiguous weeks and summer hours for
students on campus are limited to 9 am - 1 pm.
• Hillbrook families are asked NOT to drop-off or pick-up in the neighborhood
immediately surrounding the school
Each year in late October or early November we have a public meeting with the Planning
Commission of the Town of Los Gatos where we review our compliance with the CUP. As part
of that process, the Town reviews a study produced by a transportation consultant that reviews
our traffic from throughout the year. Over the past eight years, those yearly meetings have gone
exceedingly well and the last few years they have been approved as part of the consent
agenda, a strong sign of the positive relationship we have developed with our neighbors and our
school’s success in meeting the conditions.
HOW FAMILIES CAN SUPPORT
As a school, we have developed a robust Transportation Demand Management plan with two
goals - continue to actively use our campus as a community hub for families AND comply with
the CUP conditions required by the Town of Los Gatos.
The most important thing that all families can do is try to arrive and leave campus in the
morning and afternoon in one of four ways:
Carpool Bus Bike/Skate Walk
By minimizing traffic during those time periods, we have more flexibility to have families coming
on campus for events and activities at other times of day. Put another way, the more we can
collectively support these efforts, the more we can fully utilize the campus as a community hub.
In addition, as families know, we sometimes have Green Participation Days when we draw
particular attention to transportation. These days are tied to events and activities where we
expect to have higher than usual traffic on campus, and thus on those days it is critically helpful
for families to be mindful of their transportation choices.
We have a detailed resource board for families to help you better utilize one of the four
preferred ways - carpool, bus, bike, walk - to come on and off campus. In the resource board
you will find:
• Tips for finding a carpool. Please note that you can use Family Maps in the directory
to find people who live near you. We have seen many beautiful, multi-grade, family
friendships develop through the years through carpools! Need help approaching a
family? Front Office Assistant Deborah McCollum or Director of Afterschool, Summer &
Transportation Programs Nicholle Cabarloc will be happy to support.
• Shuttle routes and times. We have four routes serving Los Altos, Los Gatos, San Jose
(Rose Garden, Cambrian, Willow Glen and Almaden), and Santa Clara and our
Transportation Team works each year to design routes that best support families. Each
route includes stops near campus which can be an ideal way for a family to not drive
onto campus in the morning and afternoon.
• Information about afternoon Shuttles to Shir Hadash and our new Athletic Game
Shuttles, which enable families to park at Shir Hadash and take a shuttle up and back
from campus.
So what are the best ways families can support?
• Actively participate in our Traffic Demand Management (TDM) plan for arrival and
departure each day. All children are encouraged to arrive and leave campus by shuttle,
in a carpool, on a bike, or by walking.
• Use the shuttle to the Shir Hadash stop in the late afternoons, particularly if you are a
Middle School student participating in afterschool activities. Lower School students in
Extended Care or participating in afterschool activities are also encouraged to participate
in the TDM plan when leaving campus in the afternoon.
In the end, our primary goal remains very clear - enable our community to utilize our
extraordinary campus as a community hub for activities and events. With everyone’s support
and flexibility, we can make that happen.