2001-048-Denying Appeal Of The Planning Commission Decision To Approve A Conditional Use Permit For A Master Plan Of Hillbrook School And To Approve An Architecture And Site Application To Demolish An Existing Classroom Building.RESOLUTION 2001 - 48
ADOPT RESOLUTION DENYING APPEAL OF THE PLANNING COMMISSION
DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF'
HILLBROOI~ SCHOOL AND TO APPROVE AN ARCHITECTURE AND SITE
APPLICATION TO DEMOLISH AN EXISTING CLASSROOM BUILDING ON PROPERTY
ZONED HR-1.
PROJECT APPLICATION: PRJ-99-062 (CONDITIONAL USE PERMIT)
PROJECT APPLICATION: PRJ-99-063 (ARCHITECTURE AND SITE)
PROPERTY LOCATION: 300 MARCHMONT DRIVE
PROPERTY OWNER/APPLICANT: HILLBROOK SCHOOL
APPELLANTS: MARTIN D. DEFIER AND MICHAEL W. TAYLOR.
WHEREAS:
A, This. matter came before Council for public hearing on April 16, 2001, on an appeal
by Martin D. Dermer and Michael W. Taylor, .appellants, from a decision of the Planning
Commission and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated December 14, 2000, April 12, 2001, and
Apri113, 2001, the Addendum dated December 14, 2000 and December 15, 2000 and the Deslcltem
dated April 16, 2001, along with subsequent reports and materials prepared concerning this
application.
C. The applicant is requesting Architecture and Site approval to demolish a 4,650 square
foot building and to construct three one-story buildings coruiected by breeze ways totaling 6,986
square feet. The buildings will contain eight classrooms, a teacher's workroom, conference room,
restrooms, two offices and a storage :room. The applicant is also requesting approval of a
Conditional Use Permit for the Master Site Plan which includes the plan for demolition and
reconstruction of the classrooms for the Architecture and Site Application.
D. Planning Commission considered this matter on April 12, 2000 and approved the
applications subject to conditions. The decision of the P1amling Commission was appealed. Town
Council considered the appeal on June 5, 2000 and remanded the matter to the Planning Commission
with directions that the plans and design be evaluated for traffic study and calming measures,
enrollment limitations, and student activity scheduling.
E. Planning Commission reconsidered the matter on October 25, 2000 and approved the
applications subject to conditions.
F. Appellants claim that the Planning Commission erred or .abused its discretion and
erroneously failed to consider traffic issues and that this was an issue or policy over whiciz the
Commission did not have discretion to modify or .address, but which was vested in the Council for
modification or decision. Appellant Dermer is concerned with traffic impacts on Marchmont Drive
while appellant Taylor is concerned with the opening of the Ann Arbor gate and traffic impacts on
Ann Arbor Drive.
G. Council finds as follows pursuant to Town Code section 29.20..300 that decision of
the Planning. Commission was correct, but that .additional time was necessary to determine the
efficacy of traffic volume control measures instituted by the applicant and to set appropriate
numerical goals and other enforcement mechanisms as conditions of approval for the use permit and
.architecture and site approval.
IZESOI,VEDo
1. The appeals of the decision of the Planning Commission on Proj ect P12J-99-062 and
PRJ-99-063 are denied. Attached hereto as Exhibit A are Revised Conditions of Approval for LTse
Permit PRJ-99-062, and as Exhibit B are Revised Conditions of Approval for Architecture and Site
Approval PRJ-99-063.
2. 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 State and Federal law.
PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 7TH day of May, 2001 by the following vote.
COUNCIL MEMBERS:
AYES.: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR O E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
C_ 4
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CLERK OF'TI-IE TC7WN OF S GATOS
LOS GATOS, CALIFORNIA
ARCHITECTURE AND SITE CONDITIONS OF APPROVAL
300 Marchmont Drive
Project Application PRJ-99-062 (Conditional Use Permit)
Project Application PRJ-99-063 (Architecture .and Site)
Requesting approval of a Conditional Use Permit for a Master.Plan of Hillbrook School and approval of an
Architecture and Site application to demolish an existing classroom building and to construct a new
classroom building adjacentto the old building on property zoned HR-1.
PROPERTY OWNER/APPLICANT: Hillbrook School
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. EXPIRATION. This approval will expire two :years from the approval date pursuant to Section 29.20.320
of the Town Code unless the application is vested.
2. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained priorto the issuance of a Building,
Grading or Encroachment Permit.
3. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished structure
shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting
these materials, noting type and weight of material, shall be submitted to the Town priorto the Town's
demolition inspection.
4. DEMOLITION. The existing classroom building shall be demolished priorto final occupancy of the new
classrooms.
5. CONSTRUCTION PLAN. A construction plan shall be submitted to and approved by the Town priorto the
issuance of a .building permit. The plan shall include that construction vehicles shall park on campus
during construction, there shall be no stacking or queuing of construction vehicles on neighborhood
streets and no unloading of heavy vehicles shall occur on neighborhood streets. Vehicles of construction
employees shall be parked on campus. The Ann Arbor.Drive emergency access. road may be opened
and used for construction access only.. Hours of construction shall be limited to 8:00 A.M. to 5:00 P.M
Monday through Friday.
6. PARKING. The parking spaces proposed to be added shall be reviewed by the Development Review
Committee priorto issuance of a building permit for the parking improvements.
(Building Section)
7. PERMITS REQUIRED. A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
8. CONDITIONS. The Conditions of Approval shall be stated in full on the cover sheet of the construction
.plan submitted for building .permit.
9. PAD CERTIFICATION. A building pad certificate shall be prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate
shall certify that the building pad elevation and on-site retaining wall locations-and elevations are in
accordance with the approved plans. Horizontal and vertical controls shall'be set and certified by a
licensed surveyor or registered civil engineer for the following .items:
a. Pad elevation
b. Finish floor elevation
90. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF-IR shall
be printed on the construction plans.
11. PLANS. The construction plans for this project shall be prepared under direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
42. .DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management District (415)
771-6000 and complete their process as necessary before obtaining a demolition permit from the Town
Building Department. No demolition work shall be done without first obtaining a demolition ,permit from the
Page 1 of 2
Town.
13. TITLE 24 ACCESSIBILITY -COMMERCIAL: On site parking facility shall comply with the latest
California Title 24 Accessibility Standards forthe disabled.
14. TITLE 24 ACCESSIBILITY -COMMERCIAL: On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to
building entrances from parking facilities and sidewalks.
15. TITLE 24 ACCESSIBILITY-COMMERCIAL: The'building shall be upgraded to comply with the latest
California Title 24 Accessibility Standards for the disabled. Necessary work shall be first investigated by
the design architect then confirmed by the Town staff.
16. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program specification sheet shall be part of plan submittal.. The Specification
sheet (Size 24" x 36") is available at the Building Department service counter.
17. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies approval
before issuance of a building permit:
a. West Valley Sanitation District 378-2407
'b. Santa Clara County Fire Department: 378-4010
c. .Los Gatos School District: 395-5570
Note: Obtain the school district forms from the Town Building Department, after the Building
:Department has approved the :building .permits.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLfC WORKS
(Parks and Forestry Section)
18. NEW TREES. A total of 18 15 gallon Town approved trees shall be planted on the .east side of the
property as shown on the approved site plan. The specie of tree shall be approved by the Parks
Superintendent. Newly planted trees shall be double-staked, using rubber tree ties and shall be .planted
prior to final occupancy.
19. FINAL TREE PLANTING PLAN. The final approved tree planting plan shall be submitted with the building
permit with copies provided to the Planning and Parks and Forestry Section.
20. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special
care shall be taken to avoid irrigation which will endanger existing native trees and shrubs.
21. AERATfON TUBES. Any impervious area encroaching underthe dripline of existing trees shall have
aeration tubes installed.
22. GENERAL. ,All existing trees to remain and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
23. WATER EFFICIENCY. This .project is subject to the Town's Water Efficient Landscape Ordinance.,
Chapter26, Article IV of the Town Code.. A review fee based on current resolution shall be.paid when the
landscape., irrigation plans and water calculations are submitted for review, prior to the issuance of a
building permit.
24. PROTECTNE FENCING. Prior to any building permits being issued, the applicant shall meet with the
Parks Superintendent concerning the need .for protective fencing .around. existing trees. Such fencing shall
be installed prior to issuance of a building permit and shall be maintained during. construction.
25. FOUNDATION. Any buildings under the dripline of existing trees shall have a foundation butt from pier
and grade beam to minimize tree impacts.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
26. REQUIRED FIRE FLOW. Required fire flow is 1500 GPM at 20 psi. residual pressure.
27. FIRE LANE MARKING REQUIRED. Provide marking for all .roadways within the project. 'Markings shall
be per fire department specifications. Installation shall also conform to Local Government Standards and
Fire Department Standard.
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CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
300 Marchmont Drive
Project Application PRJ-99-062 :(Conditional Use Permit)
Project Application PRJ-99-063 (Architecture and Site)
Requesting approval of a Conditional Use Permit for a Master Plan of Hillbrook School and approval of an
Architecture and Site application to demolish an existing classroom building and to construct a new
classroom building adjacentto the old building on property zoned HR-1.
PROPERTY OWNER/APPLICAN'T: Hillbrook School
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. EXPIRATION. Vesting for the Master Site Plan includes the demolition and reconstruction of the new
classroom building under Architecture and Site Application PRJ-99-063. Once the application is vested,
there are no further time limits to #or the Master Site Plan.
2. 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
the approved construction plan for an Architecture and Site application.
3. CARPOOLING. The Town accepts the voluntary offer of Hillbrook School to maintain .and promote a car-
pooling program for their students. 'Hillbrook School shall submit to the Town, a written report
summarizing the carpool participation. This report shall be submitted twice a year for the months of
February and September.
4. ENROLLMENT. The enrollment shall be limited to 315 students.
5. EMPLOYEES_ The after school maximum number of employees on site during .activities in the
gymnasium which draws an audience shall not exceed 12.
6. NIGHTTIME ACTIVITIES, The maximum number of nighttime activities is limited to ten per calendar year.
All activities shall conclude by 9 P.M and all vehicles belonging to.persons participating in these activities
shall be off the school premises by 9:30 P.M. All activities which draw an audience to the gymnasium
shall take place after school hours.
7. V1/EEKEND ACTIVITIES. During the weekend the campus shall be closed to :any use by outside leagues
or youth groups, the gym shall only be used for Hillbrook School activities and the weekend use shall be
limited to an Open House event in October, and volleyball and basketball tournaments for Hillbrook School
only.
8. 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.
9. MUSIC. Music from .live bands shall not be amplified. One amplified DJ event is permitted per year.
10. LEASE/RENTALS. No lease or rental of the campus facilities shall be permitted to third parties,
11. SIX MONTH REVIEW. This application shall be reconsidered by the. Planning Commission six months
from the date of approval.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Engineering Section)
12. TRAFFIC COUNTS. At the applicant's expense, the Town shall conduct traffic counts at the Marchmont
Drive gate of Hillbrook School twice a year, during appropriate months chosen by staff.. The maximum
number of vehicles leaving the school .during each of the hours of 7:30 AM to 8:30 AM and and .2:30 PM to
3:45 PM shall not exceed 165 vehicles.
(Parks and Forestry Section)
13. 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.
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