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Draft Mins 09.30.14DRAFT MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING SEPTEMBER 30, 2014 The Planning Commission of the Town of Los Gatos conducted a Special Meeting on Tuesday, September 30, 2014, at 6:00 p.m. MEETING CALLED TO ORDER Chair Smith called the meeting to order at 6:15 p.m. ROLL CALL Present: Chair Margaret Smith, Vice Chair Kendra Burch, Commissioner Mary Badame, Commissioner Charles Erekson, Commissioner Tom O’Donnell, Commissioner Marico Sayoc, and Commissioner Joanne Talesfore Absent: None. PLEDGE OF ALLEGIANCE Commissioner Badame led the Pledge of Allegiance. The audience was invited to participate. APPROVAL OF MINUTES None. WRITTEN COMMUNICATIONS Desk Item for Item 1. REQUESTED CONTINUANCES None. SUBCOMMITTEE REPORTS None. VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR None. CONTINUED PUBLIC HEARINGS 1. 300 Marchmont Drive Conditional Use Permit: U-12-002 Environmental Impact Report: EIR-13-001 APNs: 532-10-001 and 532-11-011 Property Owner/Applicant: Hillbrook School/Mark Silver Project Planner: Jennifer Savage 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). Chair Smith opened the public hearing. Page 2 of 10 Planning Commission Minutes September 30, 2014 Ian and Michela Moore - Commented that they live on Hilow Road and attend Hillbrook. They walk, bike or scooter to school daily and urged the Planning Commission to help reduce traffic on their street and keep it safe so they can continue to walk or bike to school safely. Commission members asked questions of Ms. Moore. Oliver Wang - Commented that he lives on Marchmont and opposes Hillbrook’s request to increase enrollment because he feels unsafe while going to Fisher on his skateboard with the large amount of cars on the road, many of which are speeding. They cannot bike, skateboard or play in their streets with their neighbors, even during the summer, weekends or evenings because of the amount of Hillbrook after school activities. Commission members asked questions of Mr. Wang. Jeffrey Edsall - Commented that he is a Hillbrook student. Having more students at Hillbrook would allow for better educational and sporting opportunities. He has been getting to school via carpooling, walking, biking and busing since he began at Hillbrook. Jake Moseley - Commented that Los Gatos CATS has made it’s own recommendation for cap conditions, with penalties including reduction in enrollment. If Hillbrook cannot control its traffic, then it has too many students and the remedy is to reduce the number of students. Other towns and cities have included that type of penalty in requirements for private schools. Claire and Julia Kennedy - Commented that they are Hillbrook students and have always carpooled to school or to the bus and urge the Planning Commission to support their school. Barry Bakken - Commented that he and his neighbors support keeping the Ann Arbor gate closed. He saw his property as a serene place to come home to when he bought it, and hopes it will continue to be that way into the future. Theresa Anderson - Commented that she visited Hillbrook during the site visit when the Planning Commission also visited, during which the traffic was considerably lower than it usually is. She and neighbors have done car counts for the past two years. The current traff ic is excessive and the Planning Commission should not approve a plan that would result in an increase in traffic volume. Mark Willey - Commented that he opposed Hillbrook’s request for a 31% increase in students, an addition that would be a huge impact on the neighborhood. A street-by-street analysis of the recent petition against Hillbrook’s proposal shows massive opposition to Hillbrook’s expansion, not just a few vocal opponents, as suggested by Hillbrook. Commission members asked questions of Mr. Willey. Seth Brunner - Commented that he is a Hillbrook student and rides the bus every day. Other students should also have an opportunity to have a great education, as he has, and the Planning Commission should approve Hillbrook’s modified CUP. Page 3 of 10 Planning Commission Minutes September 30, 2014 Jeff Lawson - Commented that he is an attorney who represents the Ann Arbor Wollin Way Neighborhood Association. There is a dedication at the end of Ann Arbor, and the intent of that dedication is for future access for another public road, not for access to Hillbrook. They strongly support certifying the EIR with the CUP as proposed. Cindy Vindasius - Commented that the vehicle count of 960 came from a Town engineer who could not reproduce that number in a live meeting with the neighbors. The EIR is deficient and does not include a formal safety audit. Nelson Nygaard’s failure to disclose relevant data to the neighbors, along with insufficient time to review it, is prejudicial. Jan Komtebedde - Commented that Hillbrook has not always been the best possible neighbor, howev er, they deserve a second chance. Hillbrook’s peak hour traffic has decreased year after year, because Hillbrook has learned from past mistakes and is better at controlling traffic and has made commitments to minimize traffic in the future. Commission members asked questions of Mr. Komtebedde. Don Dodson - Commented that two of Hillbrook’s arguments for the proposed CUP are that it would allow them to offer its students more choice, and that it would relieve pressure on public school enrollment. With respect to the former, Hillbrook’s desires should not be the issue, community impact should. With respect to the latter, at least 50% of Hillbrook’s students are not from Los Gatos and most Hillbrook parents probably prefer a private school. Arya Barirani - Commented that there has been a quite a bit of intensification of home games at Hillbrook. About 77% of Hillbrook’s games are played at home, which creates traffic and noise, often during hours that are not being counted. The EIR is based on a traffic study that never took after hour programs at Hillbrook into consideration. Commission members asked questions of Mr. Barirani. Eva, Katyoa and Juliette Vrijen - Commented that they bike to school almost everyday. They see Hillbrook people walking and biking every day, and this year there are more walkers and bikers than before. Last year there were more cars. Their neighborhood has all the traffic it can handle and it needs to be limited. Patricia Markman - Commented that she and her husband compromised when the y bought there home on Longmeadow Drive, knowing the school was in their backyard. The noise was tolerable, but it has grown. The number of students Hillbrook is asking for is incompatible with its immediate environs. Donna Wallerstein - Commented that she and her husband work at Valley Medical Center, where victims would go in the event of a disaster. It is unconscionable to add another 99 students to the end of a dead end street, making the jobs of first responders and caregivers tougher in an already di fficult location. Emad Tawfilis - Commented that as an educator he applauds Hillbrook, but he opposes its expansion because it brings more traffic. He suggested Hillbrook focus on expanding either the middle school or the elementary, but not both. Page 4 of 10 Planning Commission Minutes September 30, 2014 Christine Kennedy - Commented that she is on the Hillbrook board of trustee’s and proposed an all -day cap on top of the 960 averaging, not in lieu of, of 1,200 cars. All the Hillbrook families will be asked to sign a provision as part of the enrollment agreement committing to the use of carpooling, buses, bikes and walking, with penalty of not being able to enroll their children the next year if violated. Commission members asked questions of Ms. Kennedy. Patrick Siegman - Commented that he is with Nelson Nygaard, Hillbrook’s transportation planners. Hillbrook has put effective transportation management programs in place that have resulted in reduced traffic. Putting trip caps in place would put real, enforceable limits in place. Commission members asked questions of Mr. Siegman. Nicole Cabarloc - Commented that she is Director of After School Summer and Transportation Programs at Hillbrook. Using recommendations from Nelson Nygaard, Hillbrook has implemented a number of new programs in the last few years, which has decreased peak periods and all day traffic totals. The cornerstone of their programs is the shuttle bus. Commission members asked questions of Ms. Cabarloc. Steve Benjamin - Commented that Hillbrook’s morning and afternoon peak traffic has been monitored by the Town for over a decade and has never been found to be over the limit of 165, dropped significantly in 2012, and was maintained in 2013. Hillbrook has proven it can live up to tight restrictions and not increase neighborhood traffic by adding more students. Commission members asked questions of Mr. Benjamin. Helen Bell - Commented that traffic to and from Hillbrook has decreased in the past decade. Hillbrook parents love the shuttle buses for their convenience. Commission members asked questions of Ms. Bell. Elaine Myers - Commented that she lives next door to Hillbrook on the outgoing side. It is already very difficult to live next to Hillbrook, even before new students are added. Commission members asked questions of Ms. Myers. Heather Dal Cielo - Commented that neighbors want to know what Hillbrook plans for summers, but Hillbrook’s proposals give no information regarding times of use, kinds of programming, pick up and drop off times, traffic mitigation, or hours of operation. Hillbrook does say it wants 414 campers, more than four times the previous summer enrollment levels. The EIR did not even look at summer usage. Gordon Yamate - Commented that the root of Hillbrook and the Marchmont neighbors’ polarized views is the distrust that exists between the two parties and a solution will not be found until that trust is rebuilt. There needs to be continuous monitoring of Hillbrook traffic by an independent third party and disclosed to the public in real time. Page 5 of 10 Planning Commission Minutes September 30, 2014 Joe Sordi, Sr. - Commented that Hillbrook has said it will require parents to make a mandatory commitment to carpooling or busing, with penalties, but there are no such conditions proposed. Hillbrook has proposed a full day limit of 1,200 cars, but the means of computing averages would make the limits meaningless and easily circumvented. Commission members asked questions of Mr. Sordi. Tom Driscoll - Commented that Ann Arbor residents bought their homes with the knowledge the Ann Arbor gate would not be opened, and Marchmont homeowners bought t heir homes with the knowledge that Hillbrook’s enrollment was 315. Why is it okay to change the status quo of the enrollment count but not okay to change the status quo of the gate? There was a 2001 study that recommended opening the Ann Arbor gate. Gretchen Moore - Commented that she is concerned about the traffic and safety impact of Hillbrook’s pending CUP application, and believes more traffic in the neighborhood will prevent hundreds of families from walking, biking or scooting to and from school. The Hillbrook administration did little to mitigate its traffic until its CUP application was brought forward. Commission members asked questions of Ms. Moore. Neda Dal Cielo - Commented that she lives on Marchmont and it has become difficult to pull out of h er driveway in the morning because of Hillbrook traffic, which many times is going too fast. A Hillbrook representative showed a photo of a Hillbrook bus full of students, but in her experience she has never seen one of the buses even half as full, and mos t are virtually empty. Commission members asked questions of Ms. Dal Cielo. Pat Parseghian - Commented that she would like to see the number of students traveling in personal vehicles to and from Hillbrook reduced to zero. Every child should arrive on a bus that shuttles students to and from a central location that can accommodate such traffic, and local students can walk or bike. Mike Wood - Commented that everyone can agree that traffic has become worse in Los Gatos, but it is not because of Hillbrook. To the contrary, Hillbrook has been part of the solution to reduce traffic. More than 900 new students have been added to Los Gatos public schools over the last eight years, schools that operate within 7/10th of a mile from Hillbrook. Commission members asked questions of Mr. Wood. Jennifer Thorton - Commented that she has seen the Los Gatos and Saratoga area grow, and the traffic is not limited to just her neighborhood. A small group of people is attempting to stop an important expansion because of reliance on dated information and old grievances, and they use a town wide issue of traffic problems to claim the traffic is related to Hillbrook. Commission members asked questions of Ms. Thorton. Page 6 of 10 Planning Commission Minutes September 30, 2014 Marsie Sweetland - Commented that current traffic problems in the communities by Daves, Blossom Hill, Fisher and St. Mary’s schools are far worse than Marchmont’s. Hillbrook offers a bus that students use every day and they are constantly looking for ways to improve their traffic mitigation systems. Meg Gally - Commented that she and her children walk and bike to Hillbrook. When they ride on Bella Vista they experience heavy traffic and anxiety, but when they get to Marchmont it changes to calm, courteous drivers, which has to do with the measures Hillbrook has put in place. The parents of Hillbrook students are committed to trying to help in reducing traffic. Sally Edsall - Commented that she lives next to Hillbrook. Her son attends Hillbrook and rides his bike to school. If the traffic conditions around the school were not safe she would not allow him to do so. Carpooling is part of the Hillbrook culture. A third more students at Hillbrook would not mean a third more cars, but only 40 trips daily, as stated in the EIR. Susan Frieman - Commented that Van Meter has grown by over 100 students since her child began school there just three years ago, and the school is full. Hillbrook is a friend to the public schools in this matter. Students enrolled at Hillbrook will not have to be shoehorned into public school classrooms. The split in the community over the Hillbrook issue saddens her. Dan Shaw - Commented that 18 out of the 22 recommendations by Nelson Nygaard’s TDM have been implemented by Hillbrook. Most applicants do not implement any of their Conditions of Approval prior to approval, but Hillbrook has. Hillbrook has never been cited for violation of their CUP, contrary to what has been stated. Mary Hammers - Commented that while enrollment in public elementary schools has increased in the past eight years, enrollment in the private schools did not change, because they are limited by outdated enrollment caps, which forces the additional children into the public schools, unfairly burdening the public schools while choking off the private schools. Commission members asked questions of Ms. Hammers. Michael Mulcahy - Commented that he has been a Hillbrook trustee for nine years. Hillbrook is caught in a countywide traffic problem. Hillbrook has offered a proactive plan for controlled growth. Hillbrook’s opponents are attempting to run out the clock to push Hillbrook before a new Town Council that they think will shutter the school. Hillbrook operates under one of the strictest CUPs around and has given up freedoms enjoyed by most schools. Eric Fox - Commented that he is a Hillbrook trustee. 960 daily trips are reasonable and practical. Hillbrook has limited the average daily trip count to 960, 31% below 2001 levels. Nine hundred and sixty daily trips reduces traffic and is far below industry -accepted measures for appropriate traffic levels. Commission members asked questions of Mr. Fox. Ann Skeet - Commented that Hillbrook has the two years of documented traffic improvement the neighbors have asked to see. Traffic is not really the issue with the nearby neighbors; they would l ike to see Page 7 of 10 Planning Commission Minutes September 30, 2014 Hillbrook move. The best example Hillbrook and its Marchmont neighbors can give their children is to rebuild trust by agreeing to reasonable terms and consequences and follow through. Ylado Herman - Commented that he is on Hillbrook’s board of trustees. Hillbrook is proposing four sets of controls through its modified CUP application to ensure compliance and minimize traffic in the Marchmont neighborhood. Statements made at the last hearing that Hillbrook would happily pay its way out of noncompliance by way of penalties is false and irresponsible. Commission members asked questions of Mr. Herman. Greg Blum - Commented that there is no other school in Los Gatos that has the situation of being accessed by only one road. Most schools typically have multiple access roads and pedestrian gates and are one or two blocks from a main thoroughfare street. Because of that, any increase in Hillbrook’s enrollment impacts the Marchmont neighborhood much more, because there are not the thoroughfares around it to support it. Roman Dimitrov - Commented that Hillbrook has a relatively new head of school that is doing great things to improve traffic. Hillbrook is a great school and he supports their CUP application. Sandy Decker - Commented that the EIR is flawed and lacks sufficient enough information to certify. The most damaging omission is that the EIR makes no mention that there is a base of residential traffic in the area even before adding the school impact. She was on the Planning Commission that granted Hillbrook’s CUP in 2001. They closed Ann Arbor at that time, because they believed Hillbrook would honor its promises and impact would be contained without saturating the entire area, but it was not long before the CUP was violated. Commission members asked questions of Ms. Decker. Joe Connelly - Commented that he is Director of Institutional Advancement at Hillbrook. Hillbrook has had to turn away Los Gatos families because of the enrollment cap, and applications from Los Gatos residents continue to rise. Increasing Hillbrook’s enrollment will allow them to give students more robust music and theater programs, sports programs with enough athletes to actually compete, clubs and school organizations, and a more engaging learning environmental by having more students in the classes. Commission members asked questions of Mr. Connelly. Lotfi Herzi - Commented that their property backs up to Hillbrook, which they knew when they bought the property. He requested the Commission look at the number of events, when they c an be held, and the number of attendees for the proposed CUP and put noise level monitoring in place with accountability and mitigation. He believes if they build a wall, it will devalue their property. Commission members asked questions of Mr. Herzi. Melanie Pizziali - Commented that her children walk or bike to Hillbrook and she is impressed with what Hillbrook is doing to improve the traffic situation. The Hillbrook shuttle gets more popular each year. The notion that Hillbrook’s proposal cannot be trusted is absurd. There are no weekend activities at Hillbrook. Hillbrook parents work hard to take cars off the road, but there is no pleasing Hillbrook opponents. Page 8 of 10 Planning Commission Minutes September 30, 2014 Paul Reid - Commented that laws, rules and conditions are only as good as the enforcement of th em. It is unrealistic and unfair to expect the surrounding neighborhoods to enforce conditions imposed on a business through its CUP. Hillbrook has been allowed to violate its CUP over the past 13 years by the intensification of their campus, an increase in summer programs and their running times, third party conferences, and weekend tournaments, however, Los Gatos staff’s report does not cover these issues. Doug Kernan - Commented that opening the Ann Arbor gate is a bad idea, even though it would mean a s horter route to Hillbrook for his children, because of safety issues that would arise due to no crosswalks, few sidewalks, and speeding drivers. The real issue is not safety or even traffic anywhere than on a few streets, it is the issue of the personal priorities of a vocal minority. Commission members asked questions of Mr. Kernan. Fiona Greene - Commented that she is a Hillbrook trustee. They have done extensive neighborhood outreach to understand neighbors’ key traffic concerns, and then they took action ahead of submitting their CUP to gain neighborhood trust by busing students in, not parking on Marchmont, offering an all day traffic count, and proposing to reduce their summer traffic by half. Hillbrook has compromised and stretched itself to produce a proposal that responds to the neighbors’ concerns. Commission members asked questions of Ms. Greene. Kristen Johansen - Commented that she tried to enroll her child at Hillbrook, but was not able to because of the cap on enrollment. When she toured Hillbrook it was made clear to her that there were multiple methods for bringing students to the school and efforts were being made to keep peace with the neighbors. Commission members asked questions of Ms. Johansen. John Shepardson - Commented that there are a number of years that Hillbrook exceeded the enrollment cap of 315. Commissioner O’Donnell’s question of will there be a guarantee there will be no additional traffic from the 99 new students is a very important one. Since Ann Arbor residents are suppor tive of the increase, empathy and equity suggests that they help carry the load and not put it all on Marchmont. Jim Cunniff - Commented that the recommended conditions of approval attempt to balance the needs of Hillbrook with the neighborhood’s quality of life, however, increasing Hillbrook’s enrollment would diminish, not enhance, the quality of life in the Marchmont neighborhood, because of safety, traffic, and because Hillbrook does not pay taxes but would be a net user of Town services. Nancy Derham - Commented that her home backs up to Hillbrook and they have enjoyed a quiet and peaceful rural neighborhood. She was assured the Ann Arbor gate would never be opened for traffic. They ask that the Planning Commission ensure the Hillbrook expansion does no t impact either the Ann Arbor or Marchmont neighborhoods. Michael Shea - Commented that he is a Hillbrook parent and has walked his children to Hillbrook for a number of years. No one would allow their children to walk to Hillbrook if the streets were as d angerous as they are purported to be and showed photographs of the route to school. Page 9 of 10 Planning Commission Minutes September 30, 2014 Commission members asked questions of Mr. Shea. John Vigliecca - Commented that he is a Hillbrook parent and utilizes the buses. While a member of the public spoke of only a single child on a Hillbrook shuttle bus, he as consistently counted 14 students entering the bus every day. Parents and Staff at Hillbrook are keenly aware they are part of a neighborhood. He urged the Planning Commission to analyze only statistically re levant data and not listen to stories. Chuck Hammers - Commented that Hillbrook’s listening to its neighbors directly shaped the CUP proposal and gave it the idea of all day traffic counts, penalties, and transparency. Listening to the Planning Commission led Hillbrook to refine its proposal, add a cap, and require mandatory following of the TDM. He has seen a stunning decrease in cars in his 12 years at Hillbrook. A cap of 960 cars will be there forever, and will be a tough number for Hillbrook, but they believe it is important for the neighborhood. Commission members asked questions of Mr. Hammers and Mark Silver. MOTION: Motion by Commissioner Erekson to extend the Planning Commission meeting to no later 12:30 a.m. Seconded by Chair Smith. VOTE: Motion passed 4-3, with Commissioners Sayoc, Badame and Talesfore opposing. Commission members asked questions of Mr. Hammers, Mark Silver, Jennifer Renk of Sheppard Mullin, and Nicole Cabarloc. Chair Smith closed the public input portion of the hearing. MOTION: Motion by Commissioner O’Donnell to continue the hearing for 300 Marchmont Drive to a special meeting on October 6, 2014 at 7:00 p.m. Seconded by Commissioner Erekson. VOTE: Motion passed 7-0. Commission members asked questions of staff. NEW PUBLIC HEARINGS None. NEW OTHER BUSINESS None. ADJOURNMENT Meeting adjourned at 12:15 a.m. Page 10 of 10 Planning Commission Minutes September 30, 2014 TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, September 30, 2014 ___________________________________________ /s/ Margaret Smith, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ /s/ Joel Paulson Planning Manager