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300 Marchmont Dr - Desk Item and Exhibits 8-9 PREPARED BY: JOCELYN PUGA Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 09/27/2017 ITEM NO: 2 DESK ITEM DATE: SEPTEMBER 27, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-12-002. PROJECT LOCATION: 300 MARCHMONT DRIVE. APPLICANT/PROPERTY OWNER: MARK SILVER/HILLBROOK SCHOOL. ANNUAL REVIEW OF AN APPROVED CONDITIONAL USE PERMIT MODIFICATION TO INCREASE SCHOOL ENROLLMENT FOR AN EXISTING PRIVATE SCHOOL (HILLBROOK SCHOOL) ON PROPERTY ZONED HR-1. APNS 532-10-001 AND 532-11-011. REMARKS: Exhibit 8 includes public comments received between 11:01 a.m., Thursday, September 21, 2017 and 11:00 a.m., Wednesday, September 27, 2017. In response to some of the public comments received, Parks and Public Works staff have prepared the following responses: Spring Manual Count 1. As a result of an error, the required three-day manual counts for the Spring 2016 semester were not counted. W-Trans has prepared a memorandum outlining the monitoring process for the current 2017-2018 school year and implementation for the future school years. The process proposed by W-Trans builds in additional layers of oversight control to ensure all data collection and reports are completed and submitted on time (Exhibit 9). Manual Count versus Sensys Data 1. Based on past and present data, the Sensys counters appear to be undercounting most of the time when compared to manual counts and the difference appears to be increasing. PAGE 2 OF 2 SUBJECT: 300 MARCHMONT DRIVE/U-12-002 DATE: SEPTEMBER 27, 2017 N:\DEV\PC REPORTS\2017\Marchmont 300 DESK.docx 9/27/2017 11:27 AM This is possibly due to lack of maintenance calibration. The 2017 Fall semester monitoring report prepared by W-Trans recommended that the Sensys sensors be calibrated for the 2018 trimester. Staff recommends that Hillbrook work with Sensys to re-calibrate the sensors at the beginning of each semester and that the results be submitted to W-Trans for inclusion in the semester reports. Sensys Data Collection 1. The Sensys data collection system has redundant sensors, both Sensors A and B track vehicles exiting Hillbrook school. The back-up tube data would be required for evaluation if both Sensor A and Sensor B were to go off-line at the same time. 2. W-Trans contacted Hillbrook School when it was discovered that Sensor A was not working. Hillbrook School was aware that the sensor was down and had contacted Sensys. Based on information provided by Hillbrook staff, the Sensys contact for Hillbrook was on an extended leave and the School was not able to get the next Sensys engineer to trouble shoot and repair the sensor in a timely manner. The sensor went off-line on July 13, 2017. A new sensor was installed and brought on-line on September 12, 2017. With the implementation of Town staff’s recommendation of maintenance calibration at the beginning of each semester, it provides an opportunity for W-Trans to identify a failing sensor before it goes off-line. EXHIBITS: Previously received with September 27, 2017 Staff Report: 1. Location Map 2. Required Findings (one page) 3. Conditional Use Permit U-12-002 (four pages) 4. Traffic Consultant’s Report, received on September 18, 2017 (eight pages) 5. Hillbrook School Bus Stops for 2017-2018 School Year (one page) 6. Hillbrook School Letter of Justification, received August 24, 2017 (three pages) 7. Public Comments received by 11:00 a.m., Thursday, September 21, 2017 Received with this Desk Item: 8. Public Comments received between 11:01 a.m., Thursday, September 21, 2017 and 11:00 a.m., Wednesday, September 27, 2017 9. W-Trans Manual Data Collection Workflow for Hillbrook School, received August 24, 2017 (two pages) 269 Marchmont Dr. Los Gatos, CA 95032 Tel: 408.623.6634 Fax: 408.358.4494 Patricia BHot Attomey at Law Eniail: Elliotlaw@mail.com September 25, 2017 RE: Billbrook School CUP-Concerns -Bearing on 9-27-17 Dear Planning Commissioners: Thank you again for yom time and attention. Many neighbors worked long and hard to obtain a Hillbrook CUP with Conditions that would protect the neighborhood. There were many years under the prior Hillbrook CUP where the CUP was not enforced and due to loopholes Hillbrook found, did not protect the neighborhood. The Town Council assured us that would not be the case under the 2015 CUP ("CUP"). The main enforcement methods enacted in the CUP are Conditions 17-19, 21and22, 25-27. We have several concerns and questions we hope you will get resolution to before allowing additional enrollment at Hillbrook. First, the September 18, 2017 W-Trans ~ysis makes clear that the Sensys system continues to be unreliable. It does, reliably, significantly undercount car trips on all days tested. The CUP requires reliability within 5%. Hillbrook's Sensys system fails this test In the counts on September 5-7, 2017, Hillbrook's Sensys system failed to count 9.43%, 7.600Ai and 8.26% of the trips respectively, or 188 car trips through the neighborhood, and that included only 12 homs of counting each day. The information gleaned from the current and prior Staff Reports reflects that on nine out of the nine days Hillbrook'·s Sensys system bu been checked, it has been shown to undercount Hillbrook's vehicle trips. The percentage of undercountmg has gone up as Hillbrook has increased its enrolhnent and is now,. on average, more than 8% per day. Hillbrook's Sensys traffic counting system is significantly flawed, is getting worse and before you allow additional enrolhnent, please insure that Hillbrook has in place a reliable, verifiable and accurate traffic counting system. The viability of the CUP requires that. EXHIBIT 8 Page2 September/October 2015 2015-16 School Year-Enrollment 315 September25, 2017 Date Video Sensys % # Vehicle trips NOT counted by Sensys 9/29/151 795 746 6.2 49 9/30/151 781 760 2.7 21 10/11151 709 674 4.9 35 Averwzes 762 727 4.6 35 Data from Exhibit 2 to October 23, 2015 Staff Report to Town Council. October 2016 2016-17 School Yea .... Enrollment 338 Date Video Sensys % # Vehicle trips NOT counted by Sensvs 10/4/lfu 604 568 6.14 36 10/5/163 804 764 S.23 40 10/6/163 795 774 2.68 21 Averages 735 702 4.55 33 Data from Exhibit 8 to October 17, 2016 Staff Report to Pianning Commission September 2017 2017-18 School Year-Enrollment 357 Date Video Sensys % # Vehicle trips NOT counted by Sensys 9/5/173 811 738 9.43 73 9/6/173 710 658 7.60 52 9/7/173 794 731 8.26 63 Averwzes 772 709 8.46 63 Data from Exhibit 4 to September 22, 2017 Staff Report to Planning Commission i 24 Hour Counts-all daily trips COlDlted 2 Only 10 Hours CoWlted-there are additional wtcoWlted trips 3 Only 12 Hours Counted-there are additional WlCOUlltod trips Condition 25 allows the Planning Commission to require more effective and reliable data collection methods. The enforcement mechanism in Condition 26 necessitates that there be an accmate, reliable counting system. There is no question that as enrollment increases, traffic does too. Hillbrook has not even fully enrolled the 38lstudents they are now entitled to (currently at 357 students). It is imperative that Hillbrook has a reliable, accurate and verifiable monitoring system in place BEFORE it is entitled to enroll 414 students. Page3 September25, 2017 Condition 19 requires that the tube count data (MetroCount) be used as back up in the event of a Sensys malfunction. The whole point of the tube counters was to have a reliable back up to the sensors and to be sure that all trips are being counted. The W-Tran s report reflects that from July 13, 2017 to September 12, 2017 Hillbrook's Sensys system was not functioning properly, yet the MetroCount data for those two months was not supplied. Why wasn 't the MetroCmmt data for those two months produced? Did W-Trans compare the MetroCount data for September 5-7, 2017 with the video counts? Did the Me1roCount data differ from the video count data by as much as the Sensys data did? Why wasn't the MetroCount data supplied for all three test days to enable comparison with the Sensys counts? The MetroCount data should now be analyzed to detennine its level of accuracy. If in fact the MetroCount data is more accurate and reliable, shouldn't that data be used as the initial count for analysis with back up by the Sensys data? The Town can and should require that the Me1roCount data be accessible to the Town and posted online, just as the Sensys data is. Please require that Hillbrook is to supply all of the MetroCount data for evaluation. The MetroCmmt system counts all trips individually (rather than the Sensys system that CO\lllts only one lane of traffic) and perhaps that data is more accurate and reliable. Second, we understand that on the September 2017 test days the numbers likely do not yet exceed the 880 daily limit (even though they are only 12 hour counts). However, the true extent of the traffic for existing enrollment was not adequately measured, given that Hillbrook is pennitted to have athletic events up to three days per week. Condition 5. The W-Trans report states that ''there were no large school events" on the September 2017 test dates. Hillbrook has now posted its athletics schedule which reflects that on the t.est days there were no athletic competitions at Hillbrook, when traffic is significantly higher. Hillbrook's enrollment increase bas mainly occurred in its Middle School, where, according to Hillbrook, "Nearly 90% of all middle school students participate in at least one interscholastic sport." To only test on days when there were no athletic competitions at Hillbrook is not an accurate measure of the true traffic impacts or of the reliability of the Sensys system . Hillbrook can and routinely does have several athletic competitions in the afternoons, now up to three days a week. The traffic CO\.Ults are supposed to be ·unannounced and should be conduct.eel, at least on some days, when there are athletic competitions at Hillbrook and the afternoon and evening traffic is greater. Page4 Septernbec 25, 2017 CUP Condition 27 requires that Hillbrook post its athletics schedule on its web site. Hillbrook has now done so. Given that there were no athletic competitions at Hillbrook during any of the September 2017 test dates, the tests should be done again, so that unannollll.ced tests can be conducted on days when competitions occur.1 Third, CUP Condition 19 requires three full days of testing each semester. A day is 24 hours. The testing done on three days in early September 2017 did not comply with Condition 19, because they only counted 12 hours each day. Table 1 excludes trips both before 7:00 am. and after 7:00 p.m., which occur routinely . All of the daily trips must be included. Also, the W-Trans report provides no information about the Spring 2017 counts that were required per Condition 19. Was that testing conducted? What were the results? Why is that information not provided in the W-Trans report or in the Staff Report? Given all of the above, no further enrollment increase should be permitted at this time. Further analysis should be required to insure that Hillbrook has a reliable, accurate, verifiable traffic comrting system in place that does not routinely undercount the amomit of actual traffic. 1bank you so much for your careful attention to this situation. 1 In the Sept-Oct. 2015 test, the only day there was an athletic competition at Hillbrook was Sept.ember 29, 2015 . That was also the day that the largest nwnber of trips were not cowtted (49 trips; -6.2"Ai). Members of the Planning Commission 110 E. Main Street Los Gatos, CA 95030 239 Marchmont Drive Los Gatos, CA 95032 September 25, 2017 SUBJECT: HILLBROOK ANNUAL REVIEW AND CONTINUING PROBLEMS WITH HILLBROOK'S TRAFFIC COUNTING SYSTEM Dear Members of the Planning Commission: I probably won't be able to attend the Planning Commission meeting on September 27 during which you are scheduled to conduct Hillbrook School's annual review. Below are remarks I plan to make if I can get to the meeting. However, if I can't attend, I hope that you will take these points into consideration • ..................................................................................................................................................................... I'd like to thank Hill brook for the good job it's done over the past year in controlling its traffic. The neighborhood has beco.me much more livable thanks to the school's traffic management program and the cooperation of the school's parents. However, one major problem remains-the counting system. UNDERCOUNTING. The school's Sensys counting system consistently undercounts the number of vehicle trips. According to W-Trans data, the system undercounts between 7.6 and 9.43 percent, which is significantly above the CUP's 5% allowance for discrepancies. It is also above the discrepancies reported last year, suggesting that the problem of undercounting is getting worsP.. Undercounting occurred last year, and the problem was brought to your attention at last year's hearing. Yet, nothing was done to compel the school to create a situation where readings would be more reliable and accurate. W-Trans, in its report recommends that Hillbrook work with Sensys to "recalibrate and evaluate the data collection system." W-Trans recommends that "the recalibration will be verified during the routine Spring Trimester manual data collection» and that the results will be reviewed next fall. This seems like an unfair delay in evaluating whether the system has been made accurate and reliable. LACK OF COUNTS FOR UNREASONABLE AMOUNTS OF TIME. As reported.in the Staff Report, the Exit A sensor was offline for about two months, from July 13 to September 12. Furthermore, backup data was not provided to W-Trans. I think the neighbors have a right to expect Hillbrook to have a reliable counting system; a system that's offline for two months and for which no backup data is then provided can't really be considered reliable. As I said, Hillbrook has done a good job in controlling its traffic. However, once the school ls given its final enrollment increase, the neighborhood will no longer have any leverage to get the school to make its data collection system accurate. Therefore, I ask that the enrollment increase not be approved until the school has demonstrated that it can provide accurate traffic figures . Would it be possible to postpone giving the school a go-ahead for its last increase? Would it further be possible to schedule a hearing, perhaps within six months' time, to evaluate whether Hillbrook has taken the steps needed to provide an accurate counting system? OTHER POINTS • Please note that the manual counts performed by W-Trans were only for 12-hour periods. For accuracy, these counts should be conducted for the full 24-hour period as specified by the CUP. As noted by W-Trans, cars may have remained on campus after 7 PM and thus not have been included in counts. • The W-Trans counts were done on days when there were no afterschool sports events or activities. These events and activities create extra traffic, and it's very possible that discrepancies between the Sensys system and the W-Trans manual counts would be even greater on such days. Neighbors mentioned afterschool traffic as a major cause of disruption in the neighborhood over and over again during the CUP hearings; W-Trans counts to validate the accuracy of the Sensys system should be conducted when these activities are in full swing-which they were not in early September. • Condition 19 calls for "ongoing traffic data validation" through a "random manual traffic count for three days, each semester." It appears that no count was done in Spring 2017; if a count was done, it's not included in the W -Trans report. In order to ensure that the school is in compliance with its CUP, the Town should be conducting both the Spring and Fall count. Again, I hope you'll postpone allowing Hillbrook its last enrollment increase until the school is able to provide a reliable, accurate traffic counting system. Hillbrook has kept its traffic under the levels specified in the CUP, but as enrollment increases, traffic is almost certain to increase, too. An accurate counting system is needed to ensure that Hillbrook continues to comply with its traffic commitments. Thank you, as always, for your hard work and dedication to the community. Sincerely, Barbara Dodson Memorandum Date: August 24, 2017 Project: LGA004-2 To: Ms. Lisa Peterson Town Engineer Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 From: Mark Spencer mspencer@w-trans.com Nick Bleich nblelch@w-trans.com Subject: Manual Data Collection Workflow for Hillbrook School Monitoring 2017-2018 School Year In response to our failure to collect one of the three required 3-day manual counts (12 hours per day) during the 2016-2017 monitoring cycle, W-Trans has prepared this memorandum to outline the data collection process for the Hlllbrook School Conditional Use Permit monitoring for the 2017-2018 school year. This process builds In additional layers of oversight (at no additional cost to the Town of Los Gatos) to ensure that all data collection methods (Sensys, tube data and video count/manual data) are completed and submitted on time. Updated Data Collection Workflow 1. Before Hill brook School Year 2017-2018 (August 2017) set calendar reminders for the beginning of each trimester to schedule data collection with National Data & Surveying (NOS) Services a. Calendar reminders will be sent to the following staff for redundancy i. Principal -Mark Spencer ii. Project Engineer -Nick Bleich iii. Data Collection Lead at W-Trans -Hannah Yung b . An additional reminder will be set for two weeks into each trimester for additional redundancy 2. First day of each Hillbrook School Trimester (Fall, Spring, Summer) a. Project engineer wlll select dates for data collection, during the first six weeks of the trimester b. Data collectlon lead will contact NOS to confirm availability for data collection c. Data collection dates will be confirmed and added to both the project engineer's and princlpal's calendars 3. Week of scheduled data collection a. Data collection lead to follow up with NOS confirming planned data collection b. Project engineer to make site visit during data collection to note any atypical conditions at the Hiii brook School Driveway c. Data collection lead at the end of the week to follow up with NOS to confirm data collection and Identify an issues in data collection 4. Upon receipt of data from NOS a. Project engineer will review data for completeness and contact NOS if data Is missing b . Project engineer will download Sensys Data for the same 12 hour period as the manual counts and request the backup counter data from Hillbrook School c. Project engineer wlll compare all three available data sotirces and summarize In letter report to transmit to Town staff within two weeks of the manual counts 5 . If the manual counts exceed the Sensys counts by more than five percent and where the readings are above the allowed maximum number of daily trips 505 171h Street 2nd Floor Oakland CA 94812 510.444.2600 w-trans.com SANTAROSA•OAKLAND•SANJOSE Ms. Lisa Peterson Page2 August 24, 2017 a. Project engineer will work with data collection lead at W-Trans to schedule one-week (seven days) of mechanical hose counts b. Data collection lead will contact NOS to schedule mechanical hose counts prior to the end of the current trimester 6. Upon receipt of mechanical hose counts from NOS a. Project engineer will review data for completeness and contact NOS if data is missing b . Project engineer will download Sensys Data for the same one week period as the mechanical hose counts and request the backup counter data from H.illbrook School c. Project engineer will compare all three available data sources and summarize in letter report to transmit to Town staff within two weeks of the manual counts 2017 -2018 School Year Monitoring Tasks and Tlmellne D August Data Download - First week of September send to Town D September Data Download -First week of October send to Town D Fall Trimester Manual Data Collection -Collect data second week of October D Fall Trimester Site Visit -During manual data collection D Fall Trimester Data Collection Summary Memo -Send to Town within two weeks of receiving data from NOS (data processing takes approximately one week) D October Data Download - First week of November send to Town D Fall Trimester Out-of-Compliance Counts (if necessary) D Fall Trimester Out-of-Compliance Count Summary Memo (if necessary) -Send to Town within two weeks of rece iving data from NOS (data processing takes approximately one week) D November Data Download - First week of December send to Town D December Data Download - First week of January send to Town D Fall Trimester Summary Memo -Send to Town by the third week of January D January Data Download -First week of February send to Town D Spring Trimester Manual Data -Collect data third week of February D Spring Trimester Site Visit -During manual data collection D Spring Trimester Data Collection Summary Memo -Send to Town within two weeks of receivi ng data from NOS (data processing takes approx imately one week) D February Data Download -First week of March send to Town D Spring Trimester Out-of-Compliance Counts (if necessary) D Spring Trimester Out-of-Compliance Count Summary Memo (if necessary) -Send to Town within two weeks of receiving data from NOS (data processing takes approximately one week) D March Data Download -First week of April send to Town D April Data Download - Frist week of May send to Town D May Data Download -First week of June send to Town D Spri ng Tri mester Summary Memo -Send to Town two weeks after the last day of school (approximately last week of June) D June Data Download -First week of July send to Town D Summer Trimester Manual Data Collection -Collect data second week of July D Summer Trimester Site Visit -During manual data collection D Summer Trimester Data Collection Summary Memo -Send to Town within two weeks of receiving data from NOS (data processing takes approximately one week D July Data Download -First week of August send to Town D Summer Trimester Out-of-Compliance Counts (If necessary) D Summer Trimester Out-of-Compliance Count Summary Memo (if necessary) -Send to Town within two weeks of receiving data from NOS (data processing takes approximately one week) D Annual Summary Memo (Entire School Year) -Send to Town third week of August, approximately one week p rior to start of 2018 -2019 school year MES/nfb/LGA004-2.M4