Staff Report.300 Marchmont
PREPARED BY: Jocelyn Shoopman
Senior 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: 12/11/2024
ITEM NO: 2
DATE: December 6, 2024
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 532-10-001 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 6, 2024
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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 6, 2024
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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, 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.
On December 13, 2023, the Planning Commission held a public hearing for the annual review of
the CUP as required by Condition 25 (Exhibit 3). The Planning Commission found Hillbrook
School to be in compliance with their CUP with the exception of the maximum number of
vehicle trips, which was addressed through payment of required penalties. In addition, the
Planning Commission approved a request to modify Condition 17(c) and Condition 27 to allow
Hillbrook School more flexibility in managing the 10 exception days, as allowed by Condition 17
(Exhibit 3).
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 6, 2024
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BACKGROUND (continued):
Lastly, at the December 13, 2023, meeting, the Planning Commission suggested that Hillbrook
School have a representative from Sensys visit the school to audit the sensors . Hillbrook School
and the Town’s Traffic Engineer both confirmed that a representative from Sensys visited the
school to perform an audit of the sensors.
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.
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;
• 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 2023-2024 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.
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 6, 2024
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DISCUSSION (continued):
B. Traffic – Fall 2023 Semester
On December 3, 2024, the Town’s traffic consultant, W Trans, submitted the Traffic
Monitoring Report for the fall 2023 semester (Exhibit 4). The consultant completed a
video review of the traffic count for December 12, December 14, and December 20, 2023,
as required by Condition 19. On December 20, 2023, Hillbrook School held their “Middle
School Winter Concert” during the evening, an exception day as noted by Hillbrook School’s
calendar. December 12, 2023, and December 14, 2023, were both typical school days. As
detailed in the report, on December 12 and December 14, 2023, the vehicle trips (811 and
798, respectively) did not exceed the maximum of 880 daily vehicle trips as allowed by
Condition 17, and on December 20, 2023, the vehicle trips (797) 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
3.75 percent.
Due to Hillbrook School being found to have exceeded the maximum number of vehicle
trips as part of the December 13, 2024, annual review of the CUP, pursuant to Condition 17
an additional one-week mechanical (hose) traffic count was conducted to verify the traffic
counts. The Town Traffic Engineer reviewed the mechanical (hose) traffic data and found
Hillbrook School to be in compliance with Condition 17.
C. Traffic – Spring 2024 Semester
On December 3, 2024, the Town’s traffic consultant, W Trans, submitted the Traffic
Monitoring Report for the spring 2024 semester (Exhibit 5). The consultant completed a
video review of the traffic count for May 7, May 9, and May 15, 2024, as required by
Condition 19. On May 9, 2024, Hillbrook School held their “JK/K New Family Admissions
Reception” event and on May 15 Hillbrook School held their “8th Grade Musical” event, both
exception days as noted by Hillbrook School’s calendar. May 7, 2024, was a typical school
day. As detailed in the report, on May 7, 2024, the vehicle trips (843) did not exceed the
maximum of 880 daily vehicle trips as allowed by Condition 17, and on May 9, 2024, and
May 15, 2024, the vehicle trips (851 and 834, respectively) 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 3.55
percent.
Due to Hillbrook School being found to have exceeded the maximum number of vehicle
trips as part of the December 13, 2024, annual review of the CUP, pursuant to Condition 17
an additional one-week mechanical (hose) traffic count was conducted to verify the traffic
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 6, 2024
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PROJECT DESCRIPTION (continued):
counts. The Town Traffic Engineer reviewed the mechanical (hose) traffic data and found
Hillbrook School to be in compliance with Condition 17.
To ensure accuracy of readings and reduce discrepancies between the two embedded
Sensys sensors located in the pavement of the exit lane outside the school’s gate, the
Town’s traffic consultant, W Trans is recommending that both Sensys Sensors be calibrated
or checked by technicians to produce more consistent results. W Trans will be available at
the meeting to answer any questions from the Planning Commission.
D. 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.
B. Recommendation
Based on the analysis above, staff recommends accepting this report for the annual review
of the CUP. If the Planning Commission finds merit with the request, it should:
1. Find that no further environmental analysis is required (Exhibit 2); and
2. Find that Hillbrook School is in compliance with their CUP (Exhibit 2).
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific directio n.
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SUBJECT: 300 Marchmont Drive/U-12-002
DATE: December 6, 2024
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EXHIBITS:
1. Location Map
2. Required Findings
3. Conditional Use Permit U-12-002
4. Fall 2023 Traffic Monitoring Report
5. Spring 2024 Traffic Monitoring Report
6. Hillbrook School Bus Stops for 2024-2025 School Year
7. Hillbrook School Letter of Justification
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