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Hillbrook School Conditional Use Permit ApplicationDATE: TO: COUNCIL AGENDA REPORT FEBRUARY 4, 2015 MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 02/17/15 ITEM NO: 9 SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -12 -002 AND ENVIRONMENTAL IMPACT REPORT EIR -13 -001 PROJECT LOCATION• 300 MARCHMONT DRIVE. PROPERTY OWNER: HILLBROOK SCHOOL APPLICANT /APPELLANT: MARK SILVER APPELLANT: PATRICIA ELLIOT (AND OTHERS). CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT MODIFICATION TO INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED HR -1. APNS 532 -10 -001 AND 532-11-011. REMARKS: On January 13, 2015 the Council opened and closed the public hearing and continued the matter to February 17, 2015. Additional public comments are attached as Attachment 30. Attachments previously received under separate cover: 1. Public Comments received August 6, 2012, to November 21, 2012 (228 pages) 2. Draft Environmental Impact Report (previously received February 7, 2014) 3. Public Comments received November 22, 2012 to August 19, 2014 (305 pages) 4. Final Environmental Impact Report/Comments and Responses 5. September 24, 2014 Planning Commission Staff Report 6. September 24, 2014 Planning Commission Desk Item 7. September 30, 2014 Planning Commission Desk Item 8. October 6, 2014 Planning Commission Staff Report 9. October 6, 2014 Planning Commission Desk Item PREPARED BY: LAUREL R. PREVETTI Assistant Town Manager /Co munity Dev opme irector Reviewed by: N/A Assistant Town Manager Town Attorney N/A Finance N: \DEV \TC REPORTS\2015\Mamhmont300_2.17.I S.dmx Reformatted: 5/30/02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVE/U- 12- 002/EIR -13 -001 FEBRUARY 4, 2015 10. Planning Commission approved CUP 11. Hillbrook Appeal 12. Elliot et al. Appeal (formerly identified as Neighbor Appeal) 13. Hillbrook consent to waive 56 -day Appeal hearing requirement 14. Elliot et al. consent to waive 56 -day Appeal hearing requirement (formerly identified as Neighbor consent to waive 56 -day Appeal hearing requirement) Attachments Previously received with January 13 2015 Staff Report: 15. September 24, 2014 Planning Commission Verbatim Minutes 16. September 30, 2014 Planning Commission Verbatim Minutes 17. October 6, 2014 Planning Commission Verbatim Minutes 18. Hillbrook Supplemental Appeal Information 19. Elliot et al. Supplemental Appeal Information 20. Peak period outbound trip counts completed after the Traffic Impact Analysis Addendum 21. Resolution to deny the appeals and uphold the Planning Commission's decision to approve the project (with Exhibit A) 22. Resolution to deny the appeals and modify the Planning Commission's decision to approve the project 23. Resolution to grant one or more aspects of the appeal(s) and approve the project with a modification(s) to the conditions of approval 24. Resolution to grant one or more aspects of the appeal(s) and deny the project 25. Public Comments received 11:01 a.m. October 6, 2014 to 11:00 a.m. January 8, 2015 Attachments received with January 13 2015 Addendum: 26. Traffic consultant explanation of average versus maximum trip counts 27. Public Comments received 11:01 a.m. January 8, 2015 to January 9, 2015 11:00 a.m. Attachment received with January 13 2015 Addendum B: 28. Public Comments received 11:01 a.m. January 9, 2015 to 11:00 a.m. January 12, 2015 Attachment received with January 13 2015 Desk Item: 29. Public Comments received 11:01 a.m. January 12, 2015 to 11:00 a.m. January 13, 2015 Attachment received with this Staff Report: 30. Public Comments received 11:01 a.m. January 13, 2015 to 11:00 a.m. February 12, 2015 Distribution: cc: Mark Silver, 300 Marchmont Drive, Los Gatos, CA 95032 (on behalf of Hillbrook) Patti Elliot, 269 Marchmont Drive, Los Gatos, CA 95032 (on behalf of Elliot et al.) LRP:JS:ct Jennifer Savage To: Janette Judd; moki.anji @gmail.com Subject: RE: We support Hillbrook's CUP application (Mokshada Anji, Los Gatos Resident) From: Mold Anji [mailto:moki.anji(algmail.coml Sent: Tuesday, January 13, 2015 11:31 AM To: Council Subject: We support Hillbrook's CUP application (Mokshada Anji, Los Gatos Resident) Dear Los Gatos Council Members, I have had the privilege of belonging to the Hillbrook Community for over three years now and seen closely how it tries very hard to work together with everyone in the community: students, parents, staff and neighbors. I have noticed how traffic has very significantly been reduced over this time so that on the rare days when I do have to drop my son to school there are no cars waiting in line. This was not the case initially (about 3 years ago). The Busing system is also working very well and our son uses it over 95% of the time. Hillbrook has and is making a tremendous effort to keep the community happy and I feel this spirit of co- operation should not be compromised by the neighbors who insist on very stringent terms for the school. Using an average count for the traffic into and out of the school gives it the flexibility to allow the school to flourish while also capping the total vehicles that will travel through during the year. Approval of the CUP application will also not diminish in any way the schools efforts to further reduce traffic as that is now in the heart and spirit of everyone involved with the school. I can appreciate the concerns of the neighbors living close to the School (Marchmont and Hillow) as they will take the brunt of any increase in traffic but on the flip side I feel it would be quite unfair for just these few homes on these streets to effectively curtail a first class life preparatory education focused on kindness, curiosity and risk taking for hundreds of potential students (thousands over the years) for Los Gatos residents and visitors. I think once the council considers all the facts then the decision you have to make is actually not that hard, it somehow seems obvious and fair to me that the School should have its CUP application approved. Yours sincerely, Mokshada Anji (120 Hill Top Dr., Los Gatos) ATTACHMENT 3 0 Jennifer Savage To: Janette Judd; saramoufarrige @mac.com Subject: RE: Hillbrook School - - - -- Original Message---- - From: Sara Moufarrige Doepke [mailto:saramoufarrige @mac.comj Sent: Tuesday, January 13, 2015 1:04 PM To: Council Subject: Hillbrook School Dear Los Gatos Council, First , happy new year! I am writing as a patent who's twins girls are at hillbrook as of last September for kindergarden. We love our school and are very saddened and shocked at how harsh the surrounding neighbors have been towards the school. That seems way out of line. The school is well established and has been around for so long. If these people are so offended by our school, why move next to one in the first place. Los Gatos is a growing area. As young families move here, they will look at quality schools. Public schools are at capacity. Hillbrook would help those school but accepting more students. I think it is fair that hillbrook be allowed to have more students without the hard headcount of cars per day. Please do what is fair and right. What they are putting our school through is not fair, correct or even right. It's simply mean and unfriendly. We want to continue to have the community feel we have at hillbrook. Tearing away at the fabric of the school, is wrong on many levels. Thanks. Sara Doepke Jennifer Savage To: Janette Judd; sallie @paicinesranch.com Subject: RE: In support of Hillbrook School's use permit change - - - -- Original Message---- - From: Sallie Calhoun [mailto :sallie @paicinesranch.comj Sent: Tuesday, January 13, 2015 1:48 PM To: Council Subject: In support of Hillbrook School's use permit change Dear council members, I am writing to urge you to approve the changes requested by Hillbrook School. I am a former parent and board member. The school has worked hard to be a good neighbor and will continue to do so. The enrollment change makes for a better school, which contributes to the strength of the Los Gatos community. I urge you not to listen to a small number of neighbors who want to punish the school for its very existence, when the school was there at the time they purchased their homes. This is a great school and a community asset. Thanks for your consideration, Sallie Calhoun Jennifer Savage To: Janette Judd; yufeldman @yahoo.com Subject: RE: HillBrook School Support From: yuliya Feldman [mailto:yufeldman(ftahoo.com] Sent: Tuesday, January 13, 2015 2:31 PM To: Council Subject: HillBrook School Support Dear Major Jensen and Members of the Town Council, We are writing this email in support Hillbrook school and their programs. Our son graduated from Hillbrook 1.5 years ago, so I do not even have any of my children attending Hillbrook, but I consider it is vitally important to keep this school running and allow it to expand on the student body and keep their summer programs, especially as Hillbrook promises not to increase - but even decrease traffic in the neighborhood. It is very important to keep those kind of schools that provide nurturing atmosphere for students and assurance for their parents. Definitely the Town of Los Gatos can boast with variety of public schools that make it extremely desirable place to live, but having those additions even more important to show diversity of provided forms of education. And this is not even talking about Hillbrook school being additional source of revenue to the Town of Los Gatos. We are hopeful that decision that Town Council is going to reach today will be favorable for Hillbrook school and allow them to increase enrollment and continue providing wonderful summer programs. Truly, Yuliya Feldman and Steve Ivkov (City of Campbell residents) Jennifer Savage To: Janette Judd; matt.dimaria @eyefi.com Subject: RE: Hillbrook School From: Matt DiMaria [ mailto:matt.dimaria(Oeyefi.coml Sent: Tuesday, January 13, 2015 4:24 PM To: Council Cc: Deb DiMaria Subject: Hillbrook School Hello We wanted to send you a brief note in support of Hillbrook School. Our daughter is a current student and our son attended Hillbrook for 10 years. Hillbrook provides students a unique educational experience tailored to the "whole child ". We have always valued how Hillbrook takes the time to learn our child's unique needs and works very hard to address them. We have not found any other school to meet this standard so well. Both our kids love Hillbrook and as parents we see it through their eyes above all. We greatly appreciate anything the Town Council can do to help preserve this wonderful schools efforts in serving our community. Warm Regards, Matt and Deb DiMaria Matt DiMaria I CEO I Eyefi 967 North Shoreline Blvd. I Mountain View, CA 194043 W +1(650)963 -4467 1 M +1(408)394 -6424 www.eyefi.com T 408483 -7200 FROM THE DESK OF RUTH FLETCHER RECEIVED JAN 13 2015 January 13, 2015 TOWN OF LOS GATOS PLANNING DIVISION Mayor Marcia Jensen 110 E. Main Street Los Gatos, CA 95030 Dear Mayor Jensen and Members of the Los Gatos Town Council, About 15 years ago, we bought a beautiful piece of property in Los Gatos and built a family home we truly enjoy, in a town we love and support. Recently I have become disheartened to hear that Hillbrook School continues to be punished by the desire to make their school a better one with an expansion plan. The accusations of ignoring the concerns of neighbors over traf- fic, after school activities and summer programming continue. Surely, we can look beyond these complaints and recognize the true efforts of Hillbrook School to address the concerns. We live in a wonderful area —where people are on the go and truly enjoy this amazing place we all call home. But, it is a crowded town. Traffic is a significant concern to all of us and is not independent to just I illbmok. This traffic is not new - -and if the conversation could be open to solving problems of the impact of the small town and increased demand on our infrastructure- -this would make a whole lot more sense. I hope that the decision to allow Hillbrook School to expand thoughtfully over the next few years will be approved right away. And I also hope that we can see some sort of collaboration between Hillbrook School and the community for the benefit of everyone. It could be pretty wonderful. Everyone is right on this fact: Hillbrook School resides at the top of Marchmont Drive -in a gorgeous residential neighborhood. Hillbrook has been there for over 75 years. Traffic has been an issue and tremendous steps have been taken to ad- dress it ... What's the real reason this isn't enough? Thank you for your time. Sincerely yours, Ruth Fletcher 290 WOODED VIEW DRIVE LOS GATOS, CA 95032 L. ■ m .O �r O rML ma � L O O V � O � o O N v t/� •— to LMa •- L RECEIVED JAN 13 2015 TOWN OF LOS GATOS PLANNING DIVISION r LO o M � • a. VO�� CL M .- O i �• >V }+ N Z O ■ � � O O °d O O (1) CL_� CL .� O V U M M L .� AMA N m 4) i �� = L m LO 00 AMO � mt/�c�tnC/��v�c�Ci�v�ti� � �Cfl�d'C�M`NcM�000 N N N N N M 0'— MMMMMMMMMM L .Q �NM LIC)CDl`co00 — m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N r V� _ X O ca E ,Oa Lm to to c O ti M LO C4 � ,� r N M �Irm� ♦.+ CD N N N H V O O O N x O CL CL Q � V U) c .0 0 0 0 AMA LM ■ 4 ■ CL 0 0) V 0 L U) }+ ■_ 0 0 Ma CL c U) 1 0 N ; m = m = V = O CL X 0 0 O od Ln 4) q qq 00 0 > = *0 O o Ja L > ° O v .� C L Ma m L v 4 .O = i AMA > }+ .= O v E� -� L �a LO 1 _V L AMP i O E C C H 4 O CL 0 a� U) N 0) AMO m CD U) O J U) O 2 ■ _V AMA O ._ U) ca CL N ca O L Q r O v m E ._ 0 L Q r v+ O - V W ca a� lot O CL GC N O t O LO N x O t O 0 r c� O m LO N II ■ ■ Cl) z 0 I- J O W J m Cl) C/) O a V ■ .O c� ■ lqrm c� i ■■ O Ma O WE O H ma ■ IRIT x I I 0o Cl) TOM N M N Cl N .N s a E as to m 7kl co a va L O CL 0) am O > Q ■3 V O 3 0 z O OC ■ O O V At Cl) 0o Irm Cl� t Co 0 J N Cn LO ti LO L •- s E C� 0 J N Cn LO ti LO U) V � V L cnoCL L X � y O cl)�ca � � v O Z Ift ■ O CL m LM �... O � � Z M .� O O = i .Lz Lx�� Wow O.0 z UU a V V 1` cn 00 O � ma CL O V L cr 0 0 L 0 kJ L 0 V ■ m a .0 O m M V 3� 0 O m ■ V a LM m W i d O d L s Y CD w co m CL m v c RECEIVED JAN 14 2015 To Town Council, TOWN OF LOS GATOS The Planning Commission didn't focus on Hillbrook's summer use of its campus, and I'm ho0bAKVjW&MM0N Council will take the time to address this issue. The Planning Commission CUP combines summer use and school - year use and talks about year -long use, so summers get no special treatment. The CUP allows the same enrollment and traffic for the summer and school year. Yet historically the summer and school year have been very different. Before 2009, when the new administration took over, summers at Hillbrook were low -key and quiet with little traffic in and out of campus. There were roughly 100 students and fewer than 160 daily car trips. Summer camps lasted for only 6 weeks and ran from 8:30 to 1:OOpm very much like the Los Gatos public schools. We would like to keep summers at this limit. The neighborhood residents always looked forward to a quiet summer which helped to balance out the busy traffic & noise endured during the school year. I believe you should create a condition in the new CUP that allows only Hillbrook enrolled students to participate in summer programs that are Hillbrook run programs. Hillbrook should not be allowed to enroll students for summer programs only, such as Breakthrough Silicon Valley. If the students are not going to school for the Fall and Spring semesters they should not be considered "enrolled in Hillbrook ". The increased summer use violates the Conditional Use Modification section of the Town Code because it is "a substantial departure from plans which were the basis of the conditional use permit approval." If Hillbrook had followed the Town Code, it would have applied to the Town for a CUP modification before dramatically increasing its summer use. Increases included allowing third parry uses such as Steve & Kate's Camp, Playful People Productions, Way to Go Foundation, Santa Fe Leadership Center, and Breakthrough Silicon Valley. The summer issue also raises the question of Breakthrough Silicon Valley. The Planning Commission CUP erroneously calls this program a "Hillbrook -run program." Even Mark Silver at the September 30 Planning Commission meeting did not make this claim. He said that Hillbrook "partners with" Breakthrough Silicon Valley." Breakthrough is in fact run by the Breakthrough Colabomtive, which is a national organization with more than 30 programs across the country. Hillbrook does not create the curriculum hire the staff, decide which students will be admitted, or perform any of the functions it would if it actually ran the program. This is a clear third party use and should not be permitted as a summer use on the Hillbrook campus. Third parry use has been another recent problem during summers. The Planning Commission tried to correct this problem with a condition clearly prohibiting all third -parry use. However, the current condition contains a definition of third party that allows rather than prohibits third -parry use and contradicts what commissioner Erekson actually proposed and commissioner Smith agreed to. We would like the definition rewritten so that it reflects commissioner Erekson's proposal that only programs initiated by Hillbrook be allowed and that contractors can not be hired to execute these programs. Please, during the summers, allow only small Hillbrook -run programs that we saw before Hillbrook started renting out the campus to third parties or partnering with. Do not allow the increases in summer use that have occurred in the last few years. Please give the neighborhood back its quiet summers. Regards, Michele Regan, 272 Marchmont Dr., Los Gatos, CA 95032 Sec. 29.20.200. - Conditional use modification A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips. (2) Commencement of new activities that could have a material adverse impact on the surrounding area. (3) Any change that is a substantial departure from plans which were the basis of the conditional use permit approval. (Ord. No. 1316, § 5.20.230, 6 -7 -76; Ord. No. 1832, § III, 7- 16 -90; Ord. No. 1862, § I, 8- 19 -91; Ord. No. 2143, § I, 4- 18 -05) Jennifer Savage To: Greg Larson Subject: RE: Hillbrook neighborhood ... let's all do the math From: BS Nissen rbsnissenbomail.com] Sent: Friday, January 16, 2015 6:45 PM To: dsoarrer (cbcommunity- newsoaoers.com Cc: Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie Subject: Hillbrook neighborhood ... let's all do the math There has been a lot of hostility from the Hillbrook side of the debate. I'm not sure the source. Per the 2001 CUP there are 315 students, or now, 220 families at Hillbrook. Staff amounts to 84 persons. With no carpooling or buses there would be 880 trips for students and 168 for staff daily. Hillbrook states that 94% of their families carpool, bus or walk. Using numbers provided by the school, at least 85 students take buses for a total of 10 bus trips to and from school and 30 students walk. That leaves 200 students in cars. If these 200 students were in carpools of just 2 students /car that would create just 400 total daily car trips. Total daily traffic for students plus employees would be 578. Clearly then, the cap of 880 is reasonable and gives the school lots of wiggle room for adding trips for trucks and visitors and for parents picking up sick children, attending teacher conferences, volunteering, medical appointments etc.. There is no need for'averaging'. Having a traffic cap is enforceable and necessary. The given number of days for special activities needs to be shared with the neighborhood and listed in advance. Marchmont neighbors are entitled to know how much traffic to expect and when. This is not unreasonable. No one has said they want to'shut Hillbrook down'. This scare tactic seems to have originated with Hillbrook somehow. Neighbors on Ann Arbor could help out with allowing pedestrian and bicycle traffic along their streets with sidewalks. (A lot safer than Marchmont which offers none.) The safety of children going to and from school needs to be paramount. To quote Rodney King during the LA riots ... why can't we all just get along. Respectfully, Susan Nissen This Page Intentionally Left Blank Jennifer Savage To: Janette Judd Cc: Greg Larson; Laurel Prevetti Subject: RE: Hillbrook Debate Essay From: Jaime rmailto :jgomez(dcastilleromiddleschool .net] Sent: Thursday, January 22, 2015 5:37 PM To: Council Subject: Hillbrook Debate Essay Dear Mayor and Council members: I am a 7`s grader at Castillero Middle School. During this past summer, I had the privilege of attending Breathrough at Hillbrook. I am writing to you because I think it is important for you to hear from the youth that have been helped because Hillbrook has been able to have the Breakthrough program on their campus during the summer. I had planned to speak at your hearing on January 14`s, but had to go home because it got too late for me on a school night. Here is what I wanted to say: My name is Jaime Gomez Jr. I am currently a 7th grader at Castillero Middle School. Last summer, I had the opportunity to spend 6 weeks at Hillbrook as part of the Breakthrough Silicon Valley Summer Academic Program. I come from a family that didn't have much, but one thing the young children in my family really value is having an education. My mom was bom in Mexico and she had her full scholarship, but couldn't go because she had to work in the ranch. My dad at 9th grade dropped out of school. My mom pushes me to the limit when it comes to school. She is one of two supporters, the other being Breakthrough Silicon Valley, held on the Hillbrook campus during the summer. Moreover, with my family's and Breakthrough's help I'm going to be the first to attend a four year college. This past summer was my first Breakthrough summer program at Hillbrook campus, after I stepped off the school bus, I couldn't believe it, I was so wowed by the natural environment and tremendous resources. When I grow up I want to be a cardiologist, a tough job, but hopefully I will make it with the help of Breakthrough, and my family. Breakthrough supports me in many ways, my mom was hopeful that I would go to college, but now we have Breakthrough, and my mom thinks I can make it into any college of my dreams and with my determination. With Breakthrough's summer program, my writing skills went from ok to amazing, and my math skills improved even though I have an A+ in math. During the summer I studied intensely, taking 7 classes everyday for six weeks. I was able to study in wonderful classrooms with the latest technology. Please citizens of Los Gatos, you're technically raising the future because my friends at Breakthrough and I are going to have a professional career with the help of Breakthrough and Hillbrook. Thank you for letting me express my feelings. I truly hope that Breakthrough can continue to happen at Hillbrook for many more summers to come forge our dreams of becoming successful professionals and changing our futures for the better. Thank you so much for your attention!!! Jaime Gomez Jr. 1/14/15 This Page Intentionally Left Blank Jennifer Savage To: Greg Larson; Janette Judd Cc: Laurel Prevetti Subject: RE: Hillbrook From: Ali Khani [ali @khaniteam.com] Sent: Sunday, February 01, 2015 8:53 AM To: BSpector Subject: Hillbrook To: Vice Mayor Barbara Spector From: Ali Khani 16495 Topping Way Los Gatos, CA 95032 Re: Hillbrook School Date: February 1, 2015 I would like to ask you to reject student increase and set car counts at 781 maximum daily, not averaging. I have 2 perspectives that may help you while deliberating: 1. Hillbrook is located in a residential zoned neighborhood, presently has 1 gate to enter and exit. If instead of Hillbrook there were homes in the 15 acres land they own, there will be about 60 homes. Based on traffic studies average daily household neighborhood traffic is 9.42 per homes. The 60 homes would generate 566 car trips, since Ann Arbor gate would not be an issue, half of the 566 cars would be going from the Ann Arbor side, and so the amount of cars would be 283 in Marchmont side. There are 35 homes on upper Marchmont which create 330, so bring the total on Marchmont and street leading up to it at 613 2. There are presently 315 students and 75 staff at Hillbrook, total: 390. If each has 2 trips daily, it will be 780 car trips. With Traffic mitigation, such as car pooling, walking, and busing, the 780 should drop in half, hence allow for additional car trips for parents if needed. As far as additional students, Hillbrook made a pact with the neighbors and Town in 2001 that will not request for student increase. Neighbors trusted Hillbrook; shouldn't Hillbrook be held accountable? Neighbors are not asking Hillbrook to move, we just ask not to expand at this location. If they want to expand and offer more to their student, should consider additional campuses. Thank you for taking the time to hear what I have to say. Regards, Ali Khani Khani Real Estate Services Victoria Capital Mortgage 647 N. Santa Cruz Ave., Suite C Los Gatos, CA 95032 Tel: 408 - 497 -7208 ali cc0haniteam.com BRE#01504068 NMLS #390001 Equal Lending Opportunity Submitted by Tom Driscoll 1. TIRE Traffic Data RECEIVED FEB 03 2015 The Traffic Infusion on Residential Environments (TIRE) Purpose of the TIRE Index TOWN OF LOS GATOS Hillbrook administrators have incorrectly claimed that the neighbors misunderstand @118tAyiS'eDIVISION the TIRE index. The index serves more than one purpose. It serves as a reference tool forjudging the anticipated effect of changes in traffic volumes. It uses average daily volumes to determine the amount of daily traffic that could be added to a roadway before its residents would begin to notice. It is also used to identify traffic on a residential street as low, moderate, heavy, or very heavy. It specifies that traffic at 3.0 or above is heavy or very heavy. The 3.0 level is the first level at which a residential street has a severely impacted residential environment. The TIRE Index provides ranges for low, moderate, heavy, and very heavy levels of traffic. The 3.0 range is 891 -1,100 daily car trips. This second use forthe TIRE Index was ignored in Hillbrook's materials and in the Town engineer's talk before Town Council. The TIRE index is used globally by municipalities and communities concerned with the impacts of new traffic on quality of life. Examples of California use include the following: 1. Palo Alto Traffic Calming Program "The City has employed this index in prior neighborhood studies, in evaluating traffic impacts of land development projects, and in the Environmental Impact Report for the Comprehensive Plan." htti)://www.cityofpaloalto.org/civicax/fileban k /docu me nts /6666 2. City of Los Angeles Wilmington Waterfront Project On page 5 of the LA DOT traffic study, section 2 includes a table that states 'A local residential street shall be deemed significantly impactedz based on an increase in the projected average daily traffic volume." The superscript 2 references a TIRE index developed and modified by LA DOT for Los Angeles City conditions. Furthermore, the table shows that neighborhoods with projected ADT of 0 -999 with be deemed significantly impacted with an ADT increase of 16% or more. Section 4.3.4 of the EIR states that the Hillbrook project will exceed the current ADT by 25 %. http: / /www.portoflosangeles .ore /EIR /WilmWatertront /DEIR /comments /LADOT pdf 3. San Luis Obispo Road Diet Projects "A street with a TIRE value of 3 or greater is considered to function primarily as a traffic street and to significantly impaired residential environment. Any projected change of 0.1 or greater would be noticeable to residents." Page 5 of the appendix includes a traffic count table with identical values as used by TJKM in the Hillbrook traffic study. The table shows that streets with an average ADT between 891 -1,100 have a TIRE index of 3.0. The conclusion in SLO is the same conclusion made by TJKM in section 4.3.4 of the EIR, traffic counts over 890 will significantly impair a residential environment. httP: / /www.slocity.org /commun itvdevelopment /south broad Dlan /finalappend ixi1 -7- 10 %28s ma l l %29. pdf 2/3/2015 Hillbrook CUP Modifications Submitted by Tom Driscoll r a. Neighbor Traffic,324ADT Town Staff (report dated September 30, 2014, p. 11) gave the trip generation rate for single family homes on upper Marchmont as 9.52. Upper Marchmont and adjoining courts have 34 homes. Therefore, the total estimated neighbor - generated traffic for upper Marchmont is 324 daily trips. b. Hillbrook Traffic, 880 v. 814 Table 4.3 -8 in the EIR shows weekday traffic counts captured during one week in May 2011 (prior to pilot TDM) and one week in March of 2013. The table shows the average weekday counts as 880 and 814 during May 2011 and March 2013, respectively. This 880 number is the basis of the Planning Commission CUP traffic limit. The data suggest that the pilot TDM has dropped the traffic counts and the school is quite capable of maintaining lower traffic counts. By now claiming a need for 880 average, it is clear that the pilot TDM program will not be enforced and Hillbrook expects traffic counts to increase. When addressing the pilot TDM and project alternatives, section 5.5.4 of the EIR states "Whether or not the existing pilot TDM program (operating since fall of 2012) would continue to operate under this alternative is unknown since it is not a CUP requirement." Of particular note on this topic, the raw data captured during March 2013 is included in appendix K of the EIR. The data shows that more than 25% of the average daily traffic occurs after the PM pick up window referenced in the current CUP. The school calendar of events (Appendix 1) during this week shows there were no after school activities scheduled. However, looking at the weekly activities during the three prior months, every week has a minimum of 3 late afternoon school activities per week. Even though the data was conveniently captured during a week when there were no after school activities, 25% of their traffic occurs after the current CUP afternoon window. The data presented does not accurately reflect a typical week in the school's traffic pattern. We also know that the data collected during the week in May 2011 was captured during a week when there was a girls softball game at 4pm on Monday May 17`". Consequently, the May 2011 data totals an additional 66 counts, roughly 8% of the March 2013 counts. If every after school sporting event results in an 8% traffic increase, three weekly events will add substantially to the weekly average. 2/3/2015 Hillbrook CUP Modifications Submitted by Tom Driscoll 16% 14% 12% E 10% Z A 8% d m 6% d a 2% — — 0% y� Q Q 8 8 8 8 8 '3 8n db 3i g N r m N '1 N ei ey ei '1 ei ei ei N N N N Time of Day Figure 1 March 2013 average daily traffic counts outside the Hillbrook gate. Two clear peaks represent the AM and PM windows referenced in the current CUP. Source: appendix K. Figure 2 Categorizing the same raw data from figure 1 shows that more than 25% of the average daily traffic occurs after the PM pick up window. This data was captured during a week when there were no after school activities scheduled. 2/3/2015 Hillbrook CUP Modifications Submitted by Tom Driscoll 2. Why 880 is the Wrong Number, Average or Max a. ITE Data Reference Table 4.3 -6 While Hillbrook is trying to undermine the credibility of the TIRE index, they are relying on the ITE reference in Table 4.3 -6 of the EIR. Specifically, the ITE Trip Generation Manual is used to compare Hillbrook's peak period traffic to national averages. The Institute of Transportation Engineers (ITE) is a global organization based in Washington DC that serves large developers with services and many different types of reports to support large development projects. Citing the company's website ( http:// www. ite .org /tripgeneration /index.asp) , the types of land uses of interest to them include convenience market with gasoline pumps, arenas, superstores, casino's, convention centers, and drive in banks. Schools are not listed as a land use of interest to them. Furthermore, the school data they do have is stamped with "CAUTION ". To find out more, I called the company to inquire about the school data included in their reports. I was told data tables and graphs are stamped with the caution label because the data comes from a small number of schools in the United States. The technical support person explained that their business serves large developers on large projects, so any school data they do have is typically from highly populated areas. That means the school traffic counts they have includes local traffic coming and going to their typical development projects. The result is highly inflated traffic counts. Comparing Hillbrook traffic to Harker Middle School (for example) located near San Tomas Expressway and Highway 280 is not an apples -to- apples comparison. b. 4 Days Data is Insufficient to Base a Final Conclusion Table 4.3 -8 is the basis for Hillbrook's 880 average requirement. However, the data used to generate those averages (880 and 814) comprises only 4 days. Whatever final number the Town applies, both Hillbrook and neighbors will have to live with that for many years going forward. It is inappropriate to base a conclusion on such a limited data set of only 4 days. Moreover, Hillbrook has almost three years of Sensys data which they have refused to share with the Town and neighbors. This issue may have been solved more than a year ago had Hillbrook shared their data with neighbors in an open and constructive manner. Unfortunately, we have not been given that chance. c. Vested Rights in Traffic and the 890 Impairment Line Just as Hillbrook claims a vested right to the traffic required to operate their business, so do the neighbors have a vested right to access their homes. As mentioned above, the Town Staff have concluded that the neighbors generate 324 daily traffic counts. Whether Hillbrook's vested right is to 814 or 880, when either number is added to the neighbors vested right of 324, the result is significantly over the 890 impairment line described above. This is the crux of the problem, both parties have a vested right that combine to impairthe neighborhood, and that is in conflict with Town Code and Land Use under the General Plan. 2/3/2015 Hillbrook CUP Modifications Submitted by Tom Driscoll 3. Ann Arbor Gate Considerations a. Section 5.5.3 Access Alternative states that the strong opposition by Ann Arbor Way residents was the basis for rejecting the Ann Arbor gate as a secondary access. Documented in public records is the fact that Ann Arbor lawyers have overtly threatened to sue the Town if that gate is opened. Town code requires CUP recipients to hold harmless and indemnify the Town in the event of third party lawsuits, such as that threatened by the Ann Arbor lawyer. Town Staff (report dated September 30, 2014, p. 6) concluded there are no restrictions on the Town's use of the one -foot dedication. b. Hillbrook's Strategic Decision While town staff contracted TJKM for the traffic study, Town lawyer Rob Schultz confirmed that the Town Staff can only perform work that is requested by the CUP requestor, which is Hillbrook. Hillbrook made an intentional and strategic decision to remove the gate from consideration in the 2012 traffic study because they were avoiding the costs of defending the Town in the event of a lawsuit. Now they're saying it will take too long to perform another study to consider opening the gate. They should be held responsible for their actions, this should not be considered a legitimate reason to force all traffic onto Marchmont, which has already been significantly impaired. c. Hillbrook Can't be Forced to Use the Ann Arbor Gate If the Ann Arbor gate is opened to pedestrians, bicycles, and staff (as has been suggested in numerous letters to the Town), Hillbrook will have a choice to use the gate or to close it. If they choose not to use the Ann Arbor gate, they will force all the traffic onto Marchmont which will result in fines as outlined in the Planning Commission's CUP. Or they could choose to open the Ann Arbor gate as suggested, removing all risk of fines while creating a safer neighborhood for all children and residents. 4. Summary Recommendation a. Open the Ann Arbor gate to pedestrians, bicycles, and staff As has been outlined in previous submissions, Hillbrook could place a crossing guard across at the Ann Arbor / Shannon Road intersection and at the school entrance. There is currently no crossing guard at the Blossom Hill drop off point. This would provide a safer walking route for children and ensure school parents do not drop off children on the Ann Arbor or Wollin Way streets. An access gate could be installed that would limit access to staff only, who would park where they park today (inside the Ann Arbor gate). b. Set Averages and Max Traffic Counts for Both Entrances L Marchmont -566 Average, 890 Maximum ii. Ann Arbor —170 Average, 200 Maximum These numbers exclude the 30 nighttime activities defined in #6 of the current CUP, and weekend activities defined in #7 of the current CUP. c. Benefits I. Restores Marchmont neighborhood ii. Gives Hill brook flexibility and options iii. Distributes traffic appropriately and creates a significantly safer environment iv. It's the right thing to do 2/3/2015 Hillbrook CUP Modifications W O u 'o X Ul � � O E N dJ N O Q U � � O O C6 ,U a--+ 4- fD t�A � E Q Q Ln �A Q O Q . . 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We live on Kennedy Rd. Our oldest son (now a sophomore at Los Gatos High School) started kindergarden at Hillbrook in 2003 and graduated 8th grade in 2013. We have two children still at Hillbrook. We have carpooled to school every year beginning in 2003. It has been mandatory since we joined the school. We walk and bike as well. This morning I was driving 4 kids to school. As I slowly drove up Marchmont Dr. a neighbor pulled out of her driveway. I saw her pull out and saw that there were no cars coming down Marchmont and she had plenty of room to back up and proceed down Marchmont. I slowed down but did not come to a complete stop, since 1 assumed she'd continue to back up. Instead she stopped prematurely, blocking the lane I was driving in. At this point I stopped and saw that she had a phone in her hand. I thought she was texting on her cell phone but soon realized she was taking a picture of us. I am saddened to have to email this to you and disappointed by the behavior of a fellow neighbor. Someone I may see at the grocery store, church, post office, etc. I am also disappointed that she would take out her phone while backing out on to Marchmont with kids walking and biking to school. A 6th grader in my car said unprompted, "She is taking a picture out of context. This is not right." I am guessing you will receive a copy of this picture. I drive a black Toyota Sequoia. I feel it is important to email you this information so you know first hand what the Hillbrook community is up against. I was doing the right thing -- driving slowly up Marchmont, driving a carpool of 4 to school. Like I said, I am a neighbor too and this just doesn't feel right. Thank you for taking the time to read this. Lisa Elliott This Page Intentionally Left Blank Jennifer Savage To: Janette Judd; John Shepardson Subject: RE: Frequently Asked Questions about Stanford and the GUP - - - -- Original Message---- - From: John Shepardson [mailto:sheoardsonlaw@me.com] Sent: Friday, February 06, 2015 7:52 AM To: Council Subject: Frequently Asked Questions about Stanford and the GUP http://transportation.stanford.edu/pdf/GUP_FAQs.pdf Ideas applicable to Hillbrook? STANFORD UNIVERSITY P &TS a r Parking &Troroporle6on SeMxr ,h Frequently Asked Questions Stanford and the GUP What is the GUP? In December 2000, the Santa Clara County Board of Supervisors approved the Stanford University General Use Permit (GUP), which placed many conditions on Stanford's land use, growth, and development. Stanford agreed to comply with the conditions of the GUP in order to gain the needed approval to further develop Stanford land. One of the conditions of the GUP, defined by Condition of Approval GA, states that "Stanford shall mitigate the transportation impacts of its additional development and population growth either through a program of 'no net new commute trips' or through proportional funding of mitigation measures for specified impacted intersections." Since Stanford has chosen the "no net new commute trips" approach, the university's goal is not to exceed the 2001 measured number of vehicles entering and exiting the university during peak periods over the life of the GUP. Subsequent measurements are conducted twice a year through the life of the GUP to determine if.Stanford is meeting the goals specified in the GUP agreement. With the university population steadily growing, yet the allowable peak -hour commute trips remaining at the level measured in 2001, meeting the goals of the GUP is becoming an increasingly difficult challenge. What is the peak period? The "peak commute period" is defined as the one -hour period of time with the highest volume Of traffic, as determined by the cordon counts. Peak commute times fall between 7 a.m. and 9 a.m. and between 4 p.m. and 6 p.m. Based on past counts, the one -hour peak traffic periods are occurring between 8 a.m. to 9 a.m. and between 5 p.m. and 6 p.m. Who measured our baseline count in 2001? The Santa Clara County Planning Office selected a third party, Korve Engineering, to establish the baseline in 2001. The data collection involved three, two -week periods in the spring of 2001, and one two -week period in fall 2001. What is a cordon? Sixteen entry/exit points define a cordon line around the campus. Trip counters (rubber hoses extended across the roads) are used to measure vehicular trips across the cordon line (trips to and from the university). When are the cordon counts? Exact dates for the cordon count periods vary from year to year; however, they always occur during the spring and early fall. 340 Bonalr Siding • Stanford, CA 94305.7255 - phone (650) 723 -9362 • tax (650) 724 -8676 http : //transportation.stanford.edu STANFORD UNIVERSITY P &TS s { k Perking 6Tremportation Services .. s'+rL Who is measured? All university vehicular traffic crossing the cordon during peak commute periods is measured. Hospital employees parking in university lots that require permits are not counted. Trips generated by Stanford Hospital and SLAC employees who do not work within a parking - permitted zone are not counted toward the cordon count. Where is the cordon line located? The cordon line is defined by 16 cordon points located at: 1. Campus Drive West north of Junipero Serra Blvd. 2. Stock Farm Road east of Sand Hill Road 3. Welch Road north of Oak Road 4. Quarry Road north of Campus Drive 5. Palm Drive south of Arboretum Road 6. Lasuen Street south of Arboretum Road 7. Galvez Street south of Arboretum Road 8. Serra Street southwest of El Camino Real 9. Yale Street west of Stanford Avenue 10. Wellesley Street west of Stanford Avenue 11. Oberlin Street west of Stanford Avenue 12. Olmstead Road north of Escondido Road 13. Bowdoin west of Stanford Avenue 14. Raimundo west of Stanford Avenue 15. Santa Maria Avenue north of Junipero Serra Blvd. 16. Campus Drive East east of Junipero Serra Blvd. Who are those individuals in the orange jackets, and why are they writing down license plate numbers? The individuals in the orange jackets are employees of the contractor hired each year by the county Planning Office to measure the number of peak -hour trips generated by the university. The last four digits of each license plate are surveyed for both inbound and outbound traffic on one day each week during the cordon count. Cars that have entered and exited the campus between a 15- minute period through separate campus entrances are considered "cut- through" traffic, and are subtracted from the count. Vehicles that enter and exit campus through the same location are not considered "cut- through" traffic —i.e., are considered a trip —since it appears they have dropped off a passenger and contribute to Stanford's trip generation. Do Hospital employees count? If not, how do you account for some Hospital employees who may be entering campus, and contributing to the GUP peak period commute trips? Hospital employees do not count toward Stanford's trip generation. To adjust the count for Hospital employees who may park in parking lots within established cordon line, parking permit counts are conducted to identify which vehicles in parking lots are university- related vehicles (shown by parking permits with the text "CAMPUS ") or hospital - related vehicles (shown on parking permits with the text "HOSPITAL "). Hospital vehicles parking within the cordon are 340 Bonair Siding - Stanford, CA 94305 -7255 phone (650) 723 -9362 • fax (650) 7246676 httW.//tmnsportation.stonford.edu STANFORD UNIVERSITY P &TS Paridpr dTrompertetbn SerNaes subtracted out of the cordon count. Likewise, if a vehicle displaying a campus parking permit is observed in a lot outside the cordoned area, it is added back into the cordon count. Do off - campus students count toward the cordon? Does event traffic count? Yes. All vehicular traffic crossing the cordon during peak periods, whether single occupancy vehicle, multiple occupancy vehicle, motorcycle, visitor vehicle, or resident student vehicle, count toward the cordon measurement. Where can I get information on alternative transportation options available to me? Parking & Transportation Services has a number of options and programs to encourage the use of alternative transportation. For a summary of alternative transportation options, visit us on the web at http: // transportation. stanford. edu /alt _transportation /Programs.shtml. For any other questions, feel free to contact us at Parking & Transportation Services 340 Bonair Siding Stanford, CA 94305 -7255 Phone: (650) 723 -9362 Fax: (650) 724 -8676 Email: transportation @stanford.edu 340 Bonalr Siding -Stanford. CA 943057255 phone (650) 723-9362 • fax (650) 724 -8676 bttp".//transponation.stonford.edu Jennifer Savage From: John Shepardson <shepardsonlaw @me.com> Sent: Sunday, February 08, 2015 10:22 PM To: Marcia Jensen; Council; Barbara Holden; Mike Wasserman; Sam Liccardo Subject: Hillbrook ideas Zip car Say Hillbrook had a drop box at BH Park. Kid forgot books or lunch or whatever. Drop in box, punch button, HB's small electric card zips down to pickup. No loud SUV thru hood. A way to reduce impacts. Video cam on box? Box records how often used. School rewarded for using. More. Credits for bike use. Walk -in. Carpools. Use of shuttles. Turn into a challenge with rewards so parents and teachers looking at this as an opportunity to be environmentally great! Could be a powerful life- lesson. And leadership must EARN back trust with performance in compliance with Town standards, including student numbers. Why not suggest finding solutions to the transportation and impacts be a multiple class project? 1S Sent from my iPhone This Page Intentionally Left Blank Jennifer Savage From: John Shepardson <shepardsonlaw @me.com> Sent: Tuesday, February 10, 2015 1:16 PM To: BSpector; Marcia Jensen; Council Subject: Hillbrook Barbara: I believe you asked for recent traffic counts from HB for last 6 months. Did the Town ever receive those? JS Jennifer Savage To: Janette Judd; ellendem @gmail.com Subject: RE: Supporting Hillbrook School From: Ellen Dempsey [mailto:ellendem(alomail.coml Sent: Tuesday, February 10, 2015 1:30 PM To: Council Subject: Supporting Hillbrook School Dear Mayor Jensen and Members of the Town Council, I am writing again to express support for Hillbrook School. It would be impossible for the school to truly function as a school with a maximum of 880 trips, even with its 315 current students. Furthermore, 880 max trips is not in -line with the historical average of 880 used in the traffic studies. An 880 average will achieve the objective of allowing Hillbrook to expand with "no new cars ". Obviously, with an average, there will be less than 880 trips on many days. However, 880 is not enough for some days and the penalties proposed are ridiculous, excessive and financially crippling. This is a no- growth proposal that can easily be supported by the entire Council. There is a fixed amount of land in Los Gatos and Hillbrook has proposed a way to use more of it to its full potential, educating children, with no new traffic. Thank you, Ellen Dempsey Jennifer Savage From: John Shepardson <shepardsonlaw @me.com> Sent: Tuesday, February 10, 2015 1:55 PM To: Marcia Jensen; Council Subject: HB: Both Sides Agree: Need for Clarity 1. Quoting from http : / /patch.com/califomia /losgatos /315- student- cap -no- third -party_ lease- under -los Ratos- 840736e666 Hillbrook School spokeswoman Megan Stevens said many supporters Monday evening explained the campus' programs and why they are important to its operations. "In the end, the Town Council reaffirmed the town staffs interpretations of the majority of the CUP, leaving us operating in the same way we have been operating for over a decade. In addition, the Town Council reaffirmed, much as staff has, that our current CUP lacks clarity and that it will be important to address that as we look to revise our CUP in the coming months," Stevens said. (emphasis added) 2. Lack of Clarity on 315 Cap? According to a citizens group opposed to the expansion, Hillbrook violated the 315 maximum student enrollment cap as follows (See Citizens Appeal for the supporting documentation): Year Students 2001 -2002 316 2002 -2003 315 2003 -2004 324 2004 -2005 326 2005 -2006 323 2006 -2007 332 2007 -2008 333 2008 -2009 325 2009 -2010 328 2010 -2011 338 2011 -2012 327 2012 -2013 319 2013 -2014 315 The primary source for this information was apparently affidavits signed by the School's representatives, and presented to the State of California. Jennifer Savage From: John Shepardson <shepardsonlaw @me.com> Sent: Tuesday, February 10, 2015 2:03 PM To: Marcia Jensen; BSpector; Council Subject: HB: Troubled Recent Counts Apparently Not Provided Below is information from a local community group. I cannot vouch for it. However, if HB choses to not provide vital recent traffic count information while it advocates for increasing its student population by 32% to 414 students, then I suggest we presume the information does not support their position. Lack of Fall Data Hillbrook chose not to publish similar data for the fall 2014 semester. Based on the amount of traffic that neighbors saw this fall, we believe that Hillbrook does not want to share the fall traffic counts with the Town Council because an even higher percentage of days were under 880. Neighbor's belief that traffic was lower in the fall is validated by TJKM exit counts conducted per the existing CUP in May and then December 2014. Exhibit B attached (also in 1/8/15 Staff Report, Attachment 20). The 2014 TJKM counts indicate that Hillbrook's fall 2014 counts were indeed lower than the spring 2014 counts. February 10, 2015 Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Members Steve Leonardis, Marico Sayoc, and Rob Rennie Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: Follow up to Hillbrook School Hearing on January 13, 2015 Dear Mayor Jensen, Vice Mayor Spector, Council Members Leonardis, Sayoc, and Rennie: RECEIVED FEB 1 o 2015 TOV'N OF PLANNING DS GATOS IVISION We greatly appreciate your continued time and attention to this matter of critical importance to our neighborhoods. Kindly review the following in advance of your meeting on February 17th to consider the Hillbrook School application to increase its enrollment and activities. A. THE PLANNING COMAMSION APPROVAL MUST BE REJECTED The four Planning Commissioners who voted to allow Hillbrook an enrollment increase based their votes on the requirement that Hillbrook limit its daily traffic to no more than 880 trips. Other Planning Commissioners opposed any enrollment increase at Hillbrook at all. During Town Council testimony, Hillbrook said that it cannot contain its traffic to under 880 daily trips even with its current enrollment at 315 students. Since Hillbrook will not commit to controlling its traffic to fewer than 880 daily trips, even with its current enrollment, the entire basis for the Planning Commission approval has evaporated and the Town Council should reject any enrollment increase for Hillbrook. Given Hillbrook's admission that it will not voluntarily contain its traffic to under 880 trips per day, even at 315 students, it is apparent that any enrollment increase at Hillbrook would violate Town Code Sec.29.20.190. Town Code Section 29.20.190, requires that the Town Council make findings that a 32% expansion at Hillbrook: "is essential or desirable to the public convenience or welfare;" "will not impair the integrity and character of the zone;" "would not be detrimental to public health, safety or general welfare; and "[is] in harmony with the various elements or objectives of the general plan" Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council None of these findings can be legitimately made based on the record before The Town Council. Overwhelming evidence was presented at the hearings, both before the Planning Commission and the Town Council, that refutes the basis for any of the required findings. Far'froin being:essential or desirable, Hillbrook making 880 daily vehicle trips to the low density residential neighborhoods surrounding the school would cause substantial detriment to the neighborhood and the quality of life of the hundreds of Town residents living near the school. B. 880 DAILY TRIPS Is Too HIGH FOR A Low DENSITY RESIDENTIAL NEIGHBORHOOD The neighbors ask the Town Council to design a CUP that supports the residents. Our neighborhood conforms to its designation as a low- density neighborhood. Hillbrook is a non- residential use on a property zoned HR -1. Priority should be given to defining a level of traffic that is reasonable for a single access local street. The neighbors have repeatedly provided numbers of typical traffic for local streets and all are far below the numbers being discussed for Hillbrook. Neighbor - generated traffic of approximately 324 daily trips is also routinely omitted from assessment of the traffic load on Marchmont Drive. We think that 880 trips for Hillbrook is excessive and significantly higher than current traffic. Our best estimate for current traffic is in the 700 — 750 trip range. Given that Hillbrook has collected traffic data for two years, it is ridiculous that we do not have exact traffic counts. However. Hillbrook refuses to provide their Sensys data. This lack of transparency alone should disqualify Hillbrook from being granted any enrollment increase. Hillbrook's claim to a "vested right" to more than 880 daily trips is ludicrous. 880 daily trips should be impermissible under the existing CUP. The 2001 CUP was intended to limit all student and staff traffic to a total of 748 (165 x 4 student; 88 staff) trips. As Sandy Decker, Town Council member in 2001, told you during public testimony, Town Council expected the 165 limit during peak periods to cover transporting all students to or from school. 165 is a LIMIT, not an average. Hillbrook's obligations to carpool and to limit student trips to no more than 660 is what has "vested." The baseline of trips should be based on the last CUP and not data collected in 2011 as Nelson \Nygaard specifies. C. MARCHMoNT DRIVE Is ALREADY "A SIGMFICANTLY IMPAHtED RESIDENTIAL ENmoNNmNT" Any enrollment increase or allowing Hillbrook more than 880 vehicle trips will violate numerous Goals and Policies of the 2020 General Plan, including: LU -1 -Planning for or neighborhood preservation and protection is one of the most important purposes of the Town's General Plan.... Maintaining neighborhood quality suggests conservation of existing housing, good street design, traffic control in residential neighborhoods, and development review that adheres to quality design. Factors such as new or excessive traffic, aging or inadequate infrastructure, and even economic pressures may cause disruption of neighborhoods... 2. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council Marchmont Drive is a 3.0 on the TIRE Index and is thereby deemed to "function primarily as a traffic street and exhibit a significantly impaired residential environment." EIR 4.3 -29. This is clear evidence that the existing CUP has failed to protect the integrity and character of the low density residential environment on Marchmont Drive as required by Town Code Sec. 29.20.190. The EIR states, "The TIRE index is based on the theory that a given increase in traffic volume has a greater impact on the residential environment along a residential street with a low traffic volume than along a street with a high pre- existing volume." EIR 4.3 -29. What the EIR failed to consider is that the sole source of high traffic volume on Marchmont Drive is Hillbrook traffic. Marchmont Drive is not a typical "high traffic" street. It is only impaired when Hillbrook traffic is present. Hillbrook traffic is "very noticeable" to residents whenever it is present. Therefore the Town Council must reject Hillbrook's proposed CUP modification and the Conditions of Approval passed by the Planning Commission on October 6, 2014. D. THE USE OF AVERAGES 15 UNAc=ABLE It is essential for the neighborhood that there be a firm and enforceable cap on the daily traffic and not an average. The goal of the neighborhood is to have reasonable and predictable traffic through our low density residential neighborhood. That goal has not changed since the 1980's when carpooling was added to Hillbrook's CUP.' What was the agreement about traffic in 2001? • Limits were added to Hillbrook's CUP to control their traffic. • Daily student traffic was limited to 165 exits or 330 trips twice a day. • Only a few students in daycare would be transported outside of the peak periods. What were the results of the agreement in relation to traffic? • Hillbrook failed to limit its traffic or institute a serious carpooling and busing program. • Nonetheless, Hillbrook expanded its buildings. Hillbrook agreed to no enrollment increase as well. Now they want to increase enrollment AND increase traffic. Hillbrook continues to ask for more - -more people on campus for more hours during more times of more days. Neighbors ask only that the Town Council follow the Town Code and General Plan and protect the character of our low- density neighborhoods by setting a firm traffic limit to an amount reasonable for a local street. Town Code requires that Hillbrook's operations do not impair the integrity of the neighborhood. That requires that Hillbrook not only reduce traffic for a short time, but consistently. The use of ' Hillbrook supporters contend that it is carpooling to "be a good neighbor." The fact is that Hillbrook's CUP has required carpooling since at least 1984. 3. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council an average would allow Hillbrook to improve traffic only periodically. Neighbors do not live in our homes "on average." We live here every day. E. BEVEFrrsoFLrnaisovERAvERAGEs 1. Limits Are Simple and Enforceable A limit is simple. Hillbrook is either over or under the limit. Assuming there are sensors in all entrance and exit lanes and the Senses data is made public, everyone will know immediately if Hillbrook exceeds the daily cap. Why would the Town want to engage in the level of oversight required by averaging? Neighbors certainly do not want to. Neighbors are tired of monitoring Hillbrook and should not be responsible for monitoring. See Land Use Goal LU -8 in the 2020 General Plan, which requires the Town Staff "to uphold and enforce adopted land use regulations." The Town Council should institute limits because they are easier for Town staff to monitor. 2. Limits Provide Predictability and Safety Limits are predictable. Neighbors know how many cars to expect. Neighborhood children going to Los Gatos schools at the same time as Hillbrook commuters know that they can safely walk and bike to school. Predictability is essential for increased walking and biking by neighborhood children and for the effective implementation of the Safe Routes to Schools program. An average, on the other hand, allows for wild variations in daily traffic. Hillbrook has asked for traffic up to 1,100 daily trips. This is much too high. 1,100 trips back up traffic and make intersections dangerous for children to navigate. Neighbors also become frustrated by unexpected traffic, and this can exacerbate the existing friction between neighbors and Hillbrook. 3. Limits Reinforce Positive Behavior Hillbrook is currently using busing, carpooling, walking, and biking to successfully transport students to and from school. Limits necessitate the use of these programs to continue the success being seen today. Hillbrook will be motivated to incrementally improve its bus, carpool, and pedestrian numbers to streamline compliance with the limit. A firm daily limit will also require Hillbrook to consider traffic impacts before expanding its activities and programs and will act as a deterrent to over - enrollment. 4. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 4. Limits are the Current Status Quo Hillbrook's current CUP relies on limits to control traffic. The limits apply only to peak periods, but they are limits. The Town has successfully tracked compliance with limits. The only issue is that they are not applied to the entire day, nor are they monitored daily. 5. Averages Prolong Distrust Averaging will prolong distrust and disagreements between neighbors and Hillbrook. Neighbors immediately notice when there is higher traffic, and they experience traffic above 880 trips per day as heavy. Yet, neighbors will have to wait until the end of the time period, and then the time required for calculations, before they know if the excessive traffic resulted in a violation of an 880 trip average. If Hillbrook only lowers traffic for the number of days necessary to reach the average, neighborhood frustration will grow. Our hope is that this CUP can resolve the ongoing battle between neighbors and Hillbrook and not aggravate it. 6. Averages Introduce Complexities Days to Include - If the Town Council agrees to allow averaging, the CUP Condition would have to specify which days to include in the calculation. Hillbrook schedules conference days where only the middle school or the lower school is in session. These days should not be included or the average will be lowered artificially. But how do you determine which days to include and not include? What about when whole grades are off on field trips for a day or for a week? Only Hillbrook knows when groups of children are not on campus. The Town has no way of independently validating whether or not sufficient students were on campus to include the day in the average. Time Period — If the Town Council agrees to averaging, the CUP Condition would need to specify over what time period the average is calculated. Averaging Hillbrook's daily trip counts over a full "semester" provides neighbors no protection. Neighbors will routinely be subjected to unacceptable levels of traffic that Hillbrook will simply balance out with low traffic days. One day with half the average allows two other days at the maximum traffic level. This is unacceptable to the neighbors. 7. Averages Also Need Limits Along with averages, there would also have to be a daily cap to protect the neighborhood from extreme traffic conditions. The daily maximum would then be a second data point the Town would need to monitor. Exceeding the daily maximum should also have a penalty associated with it, necessitating yet another calculation by Town Staff. 0 Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 8. Averaging Can Be Manipulated With averages, instead of maintaining the effective traffic programs that Hillbrook has now, Hillbrook could allow parents to come to school however they wanted. Once a week, they could require everyone to meet off site and take the bus up the hill. This would meet the conditions of an average, but not the goal of improving traffic and neighborhood relations. Hillbrook controls its calendar and determines if and when programs take place. If traffic counts are getting high, it could add extra days with activities for only a small number of students. Hillbrook already has several of these days during school breaks and would have every incentive to add more such days. Where previously there would be no school activities and no school traffic, now there will be small amounts of traffic which would lower the average without truly improving the traffic. Neighbors will notice the heavy traffic times, but have no means of redress. Averages rely on Hillbrook transparently reporting their activities. Hillbrook has not earned a sufficient level of trust. For two years, Hillbrook has steadfastly refused to provide traffic data and has hidden its calendar of events from public view. Neighbors think it is unrealistic to expect sudden and complete transparency given Hillbrook's current lack of transparency. Reasonable Number for Hillbrook The neighbors expect Town Council to define an acceptable level of traffic for our low density residential neighborhood. We feel strongly that this should be a limit of no more than 880 daily trips. Hillbrook has managed to change the discussion to how many trips they need. In January, Hillbrook submitted a table of purported traffic for spring semester 2014 to argue that it cannot operate within an 880 daily limit. This table (attached as Exhibit A and also available in the Staff Report dated 1/8/15 as Attachment 18, p.30) shows the exact opposite: Hillbrook is perfectly capable of controlling its traffic and living within an 880 daily limit. • During the 104 school days covered by the January 2014 -June 2104 time frame, Hillbrook achieved fewer than 880 car trips per day at least 85% of the time, when 880 was not even a requirement. Obviously it is doable. Exhibit C attached here maps the data provided by Hillbrook with the Hillbrook calendar. Here's what this table shows: Although Hillbrook stressed the 15 times they exceeded 880 in the spring of 2014, all but one of the days were due to scheduled events where excess traffic could be predicted and mitigation plans could be implemented. Early Dismissal Days and Home games appear to affect the counts. Hillbrook could develop specific mitigation plans for these days and activities. Also, in January and February 2014, Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council Hillbrook hosted 41 Home basketball games; only six were Away. Balancing the distribution of Home and Away games would eliminate some of the days over 880 trips. Lack of Fall Data Hillbrook chose not to publish similar data for the fall 2014 semester. Based on the amount of traffic that neighbors saw this fall, we believe that Hillbrook does not want to share the fall traffic counts with the Town Council because an even higher percentage of days were under 880. Neighbor's belief that traffic was lower in the fall is validated by TJKM exit counts conducted per the existing CUP in May and then December 2014. Exhibit B attached (also in 1/8/15 Staff Report, Attachment 20). The 2014 TJKM counts indicate that Hillbrook's fall 2014 counts were indeed lower than the spring 2014 counts. Unjustified Concerns about Events and Illness Some Hillbrook parents claim that they would be unable to attend events on campus if there were an 880 limit. This claim is not justified. In spring 2014, before the 880 limit was even discussed, Hillbrook parents were attending events and sporting matches. Traffic was under the 880 cap for all but the handful of days mentioned above. Hillbrook parents also express concern about being "trip number 881" if their child needs to be picked up due to illness or for a medical appointment. Once again, these trips were included in spring 2014 without apparent issue. In addition, student pickups happen every day, and it is up to Hillbrook to manage its traffic so as not to bump up against the cap with these predictable incidents. Large Events Large events do require planning. Simple solutions are to hold events right after dropoff or right before or after pickup to allow parents to drive the carpool and attend events during the same trip to school. Other options are to utilize an off -site parking location and transport parents via bus and/or carpool. The solutions are there; Hillbrook just has to plan ahead and utilize them. Artificial Baseline A limit of 880 is actually higher than it should be. 880 is based on traffic counts taken in 2011 after Hillbrook had added "new activities," including a large after school Recreation program and a teacher training program. Neighbors feel that this violates Town Code Sec. 29.20.2002 2 Town Code Sec. 29.20.200. "Conditional use modification" states (Emphasis added): A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips. (2) Commencement of new activities that could have a material adverse impact on the surrounding area. (3) Any change that is a substantial departure from plans which were the basis of the conditional use permit approval. 7. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council since Hillbrook failed to seek CUP modifications before engaging in substantial "intensification of use." Without permission, Hillbrook more than doubled the size of its staff (from 44 in 2001 to 109 in 2012)3 and implemented multiple programs outside the scope of the 2001 CUP. These new activities "have a material adverse impact on the surrounding area" and represent changes that are "a substantial departure from plans which were the basis of the conditional use permit approval" in 2001. Yet all of these activities were taking place during traffic counts used as a basis for the 880 number. 880 is therefore based on an inflated and inappropriate "baseline" of vehicle trips and yields traffic counts outside the permissible boundaries of the current CUP. Neighbors also believe that Hillbrook was overenrolled in 2011. As a result, trips for more than 315 students were included in the 880 baseline. Unique Situation Other streets in Los Gatos leading to schools have traffic that varies wildly and significantly impacts the neighborhoods. However, Hillbrook is in a unique situation. Unlike local public schools, Hillbrook is a commuter school where the vast majority of students are transported by vehicle. Hillbrook is also the only school in Town landlocked in a purely low density residential area with only one access point. In most high traffic areas in Town, it is difficult to separate the cause of the traffic and the destination of the drivers. That is not the case here. We are talking about limiting the traffic at the gate of a school which is the only nonresidential destination in the neighborhood. The Town Council has the choice to continue to allow Hillbrook to turn a neighborhood into a heavily traveled commute path, or to do what's right— require that Hillbrook lower its traffic to a level appropriate for this residential neighborhood. We implore you, Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: Please fulfill your oath to follow the Town Code and General Plan. (1) Deny Hillbrook's application to increase its enrollment causing continued deterioration of our neighborhood. (2) Open the existing CUP for modification to limit Hillbrook's activities and traffic to insure the integrity and character of our low density residential environment, as required by the Town Code and intended in the 2001 CUP. ' See Hillbrook's 2012 Federal form 990 line 5, attached as Exhibit D. 8. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 1. Joe Regan 272 Marchmont Dr., Los Gatos, 95032 2. Michele Regan 272 Marchmont Dr., Los Gatos, 95032 3. Barbara Dodson 239 Marchmont Dr., Los Gatos, 95032 4. Don Dodson 239 Marchmont Dr., Los Gatos, 95032 5. Renee Preaseau 243 Marchmont Dr., Los Gatos, 95032 6. Noel Preaseau 243 Marchmont Dr., Los Gatos, 95032 7. Margo Simmons 29 Chestnut, Los Gatos, 95032 8. 1 Bob Simmons 29 Chestnut, Los Gatos, 95032 9. Patti Elliot 269 Marchmont Dr., Los Gatos, 95032 10. Reuel Warkov 269 Marchmont Dr., Los Gatos, 95032 11. Mark Willey 135 Cardinal Lane, Los Gatos, 95032 12. Kathleen Willey 135 Cardinal Lane, Los Gatos, 95032 13. Mark Jamieson 285 Marchmont Dr., Los Gatos, 95032 14. Sue Jamieson 285 Marchmont Dr., Los Gatos, 95032 15. 1 Janet Ehrhardt 62 Fillmer Ave., Los Gatos, 95032 16. David Ehrhardt 62 Fillmer Ave., Los Gatos, 95032 17. Tessa Ar ui'o 16861 Fillmer Ave., Los Gatos, 95030 18. Allen Ar ui'o 16861 Fillmer Ave., Los Gatos, 95030 19. Ann Altmann 324 Harding Ave, Los Gatos 20. Mary Patterson 119 Vista Del Campo, Los Gatos 95030 21. Steve Martin 115 Vista Del Campo, Los Gatos 95030 22. Pattie Martin 115 Vista Del Campo, Los Gatos 95030 23. Karen Becker 262 Coronet Drive, Los Gatos, 95032 24. Jeff Becker 262 Coronet Drive, Los Gatos, 95032 25. Susan Nissen 103 Cardinal Lane, Los Gatos, 95032 26. Burr Nissen 103 Cardinal Lane, Los Gatos, 95032 27. Mary Wolf 109 Cardinal Lane, Los Gatos, 95032 28. Heidi Grassman 15930 Rose Avenue, Los Gatos, 95030 29. 1 James Grassman 15930 Rose Avenue, Los Gatos, 95030 30. Greg Blum 120 Ston brook Road, Los Gatos, 95032 31. Robyn Blum 120 Ston brook Road, Los Gatos, 95032 32. Jacob Warkov 269 Marchmont Dr., Los Gatos, 95032 33. Jak VanNada 165 Euclid Ave, Los Gatos, 95030 34. Karen VanNada 165 Euclid Ave, Los Gatos, 95030 35. Robb Walker 16791 Loma St. Los Gatos, 95032 36. 1 Nancy Walker 16791 Loma St., Los Gatos, 95032 37. Lisa Dulchinos 16890 Spencer Ave., Los Gatos 38. John Dulchinos 16890 Spencer Ave., Los Gatos 39. Jeff Lou hrid a 109 Paseo Laura, Los Gatos, 95032 40. Silvia Kasper 109 Paseo Laura, Los Gatos, 95032 41. Ali Khani 16495 Topping Way, Los Gatos, 95032 42. Shahla Khani 16495 Topping Way, Los Gatos, 95032 43. 1 Paige Stewart 16155 Andrews Ct., Monte Sereno, 95030 44. 1 Michelle Sto'anovich 20408 Santa Cruz Hwy., Los Gatos, 95033 45. 1 Steve Sto'anovich 20408 Santa Cruz Hwy., Los Gatos, 95033 U Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 46. Nancy DeFever 114 Del Carlo Ct, Los Gatos, 95032 47. Don DeFever 114 Del Carlo Ct., Los Gatos, 95032 48. Emad Tawfilis 16496 Topping Way, Los Gatos, 95032 49. Todd Harris 159 Cardinal Lane, Los Gatos, 95032 50. Kristin Harris 159 Cardinal Lane, Los Gatos, 95032 51. Lorraine Miller 16622 Topping Way, Los Gatos, 95032 52. Todd Miller 16622 Topping Way, Los Gatos, 95032 53. W. James Silva MD 100 Ston brook Road, Los Gatos, 95032 54. Jor'a Silva 100 Ston brook Road, Los Gatos, 95032 55. Cassie Silva 100 Ston brook Road, Los Gatos, 95032 56. Johanna Cunniff 16685 Marchmont Drive, Los Gatos, 95032 57. Jim Cunniff 16685 Marchmont Drive, Los Gatos, 95032 58. Derek Idemoto 133 Vista del Campo, Los Gatos 95030 59. Jamie Idemoto 133 Vista del Campo, Los Gatos 95030 60. Terry Anderson 16542 Marchmont Dr., Los Gatos, 95032 61. Dick Anderson 16542 Marchmont Dr„ Los Gatos, 95032 62. Lee Quintana 5 Palm Ave. Los Gatos 95030 63. Paul Quintana 5 Palm Ave. Los Gatos 95030 64. Mark Bassani 16383 Hilow Rd, Los Gatos, 95032 65. Laura Bassani 16383 Hilow Rd, Los Gatos, 95032 66, Donna Wallerstein 16557 Marchmont Dr., Los Gatos, 95032 67. Robert Wallerstein 16557 Marchmont Dr., Los Gatos, 95032 68. Carol Reid 156 Robin Way, Los Gatos, 95032 69. Paul Reid 156 Robin Way, Los Gatos, 95032 70. Stewart C. Brewster Hilow Road, Los Gatos, 95032 71. Donna S. Brewster Hilow Road, Los Gatos, 95032 72. Darrell Monda Monte Sereno 73. Patricia Staab 15781 Izorah Way, Los Gatos 95032 74. Hans Staab 15781 Izorah Way, Los Gatos 95032 75. Lora Lee Zaky, 140 Robin Way, Los Gatos, 95032 76. James R. Zaky 140 Robin Way, Los Gatos, 95032 77. Kirsten Bridges 126 Cleland Ave., Los Gatos, 95030 78. Amy Buckley 95 Shoreline Cir, Incline Villa e,NV (formerly Marchmont Dr.) 79. Duane Schuessler 201 Cerro Chico, Los Gatos 80. Marlene Schuessler 201 Cerro Chico, Los Gatos 81. Steve Conlisk 16801 Kennedy Road, Los Gatos, 95032 82. Suzanne Currie Noble 120 Carlton Ave., #21, LG CA 95032 -2780 83. Marie E. Tompkins 110 Wood Rd., 116B, LG CA 95030 84. Hu Wan 220 Marchmont Dr., Los Gatos, 95032 85. Qin Liu 220 Marchmont Dr., Los Gatos, 95032 86. Kell Keelean 130 Ston brook Road, Los Gatos, CA 95032 87. Cecil Anison 208 Willow Hill Court, Los Gatos, 95032 88. Gen Browder 129 Cardinal Ln. , Los Gatos, 95032 89. Rieko Browder 129 Cardinal Ln., Los Gatos, 95032 90. I Lu Ann Flechsig 1260 Kennedy Road, Los Gatos, 95032 10. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 91. Karl Flechsig 260 Kennedy Road, Los Gatos, 95032 92. Chandini Stanley 120 Carlton Ave., #6, Los Gatos, CA 95032 93. Jim Elder 205 Marchmont Dr., Los Gatos, 95032 94. Sharon Elder 205 Marchmont Dr., Los Gatos, 95032 95. Mr. Lawrence Dunn 265 Marchmont Dr., Los Gatos, 95032 96. Mrs. Lawrence Dunn 265 Marchmont Dr., Los Gatos, 95032 97. Prasad Shamain 289 Marchmont Dr., Los Gatos, 95032 98. Tara Moseley 160 Robin Way, Los Gatos, 95032 99. Jacob Moseley 160 Robin Way, Los Gatos, 95032 100. Ken Del Castillo 16505 Hilow Rd., Los Gatos, 95032 101. Rut er Vri'en 268 Marchmont Dr., Los Gatos, 95032 102. Kim Vri'en 268 Marchmont Dr., Los Gatos, 95032 103. Heather Driscoll 227 Rosalie Court, Los Gatos, 95032 104. Tom Driscoll 227 Rosalie Court, Los Gatos, 95032 105. Cindy Vindasius 215 Rosalie Court, Los Gatos, 95032 106. Susan Beritzhoff 276 Karen Court, Los Gatos, 95032 107. Janhavi Gudal 289 Marchmont Dr., Los Gatos, 95032 108. Evan Warkov 269 Marchmont Dr., Los Gatos, 95032 109. Steve Beritzhoff 276 Karen Court, Los Gatos, 95032 110. Scott Withrow 849 Lilac Way Los Gatos, 95032 111. Cathleen Bannon 16828 Kennedy Rd., Los Gatos, 95032 112. Grant Bannon 16828 Kennedy Rd., Los Gatos, 95032 113. Lyn Dougherty 16678 Magneson Loop, Los Gatos 95030 114. Pat Dougherty 16678 Magneson Loop, Los Gatos 95030 115. Shari Saul 15365 Via Caballero, Monte Sereno 95030 116. 1 Jeff Solin er 16735 Sheldon Rd., Los Gatos, 95030 117. Terri A. Spice, 15801 Edmund Drive, Los Gatos 95032 118. Gretchen Moore 16465 Hilow Road, Los Gatos 95032 119. Rossella Derickson 16528 Marchmont Dr., Los Gatos, 95032 120. Jon Derickson 16528 Marchmont Dr., Los Gatos, 95032 121. Sean Larkin 15761 Poppy Lane, Monte Sereno, 95030 122. Nikki Larkin 15761 Poppy Lane, Monte Sereno, 95030 123. 1 Annie Kelly 16543 Marchmont Dr., Los Gatos, 95032 124. Dan Kelly 16543 Marchmont Dr., Los Gatos, 95032 125. Peggy Whalen 14981 Clara St., Monte Sereno, 95030 126. Jeff Whalen 14981 Clara St., Monte Sereno, 95030 127. Erin Wentzien 16634 Marchmont Dr., Los Gatos, 95032 128. Tom Wentzien 16634 Marchmont Dr., Los Gatos, 95032 129. Esther Puterbau h 183 Longmeadow Drive, Los Gatos, 95032 130. 1 Bill Puterbau h 183 Longmeadow Drive, Los Gatos, 95032 131. Monica Herzi 185 Longmeadow Drive, Los Gatos, 95032 132. Lotfi Herzi 185 Longmeadow Drive, Los Gatos, 95032 133. Carol Roesser 1 16163 Lilac Lane Los Gatos 95032 134. Homa on Asadi 1 16603 Marchmont Dr., Los Gatos, 95032 135. Elizabeth Potten er 1 16603 Marchmont Dr., Los Gatos, 95032 11. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 136. Nadine Graven 106 Heintz Court, Los Gatos 137. Larry Lisser 106 Heintz Court, Los Gatos 138. Jeff Okubo 51 Fillmer Ave., Los Gatos, 95030 139. Christine Okubo 51 Fillmer Ave, Los Gatos, 95030 140. Jill Fordyce 191 Longmeadow Drive, Los Gatos, 95032 141. Craig Fordyce 191 Longmeadow Drive, Los Gatos, 95032 142. 1 Christina Kersten 17417 Wagner Rd., Los Gatos, CA 95032 143. Montgomery Kersten 17417 Wagner Rd., Los Gatos, CA 95032 144. Pat Markman 187 Longmeadow Dr., Los Gatos, 95032 145. Steve Markman 187 Longmeadow Dr., Los Gatos, 95032 146. Nancy McCormick 136 Robin Way, Los Gatos, 95032 147. Marty McCormick 136 Robin Way, Los Gatos, 95032 148. Heather Dal Cielo 209 Marchmont Dr., Los Gatos 95032 149. 1 Willem Dirven 209 Marchmont Dr., Los Gatos 95032 150. Greg Dal Cielo 16722 Marchmont Dr., Los Gatos 95032 151. Neda Dal Cielo 16722 Marchmont Dr., Los Gatos 95032 152. Virginia Carr 439 Alberto Way, Los Gatos, 95032 153. William Dal Cielo 16790 Placer Oaks Road, Los Gatos, 95032 154. Francesca Dal Cielo 16790 Placer Oaks Road Los Gatos, 95032 155. Janel Shultz 16771 Littlefield Ln., Los Gatos, 95032 156. 1 Alex Shultz 16771 Littlefield Ln., Los Gatos, 95032 157. Ar a Barirani 130 Ston brook Road, Los Gatos, 95032 158. BruceKelly 110 Cardinal Lane, Los Gatos, 95032 159. Nancy Kelly 110 Cardinal Lane, Los Gatos, 95032 160. Lorraine Bar a liotti 143 Cardinal Lane, Los Gatos, 95032 161. Kim Wheeler 134 Fainnead Lane, Los Gatos, 95032 162. Jennifer Halsey 16395 Belmont Court, Monte Sereno, 95030 163. 1 Mo Aidi 16735 Marchmont Dr., Los Gatos, 95032 164. Karen Aidi 16735 Marchmont Dr., Los Gatos, 95032 165. Gordon Yamate 126 Robin Way, Los Gatos, 95032 166. Debbie Yamate 126 Robin Way, Los Gatos, 95032 167, Anne Morton 154 Oak Hill Way, Los Gatos, 95030 168. Allen Morton 154 Oak Hill Way, Los Gatos, 95030 169. Curt Walleen 284 Karen Court, Los Gatos, 95032 170. 1 Becky Walleen 284 Karen Court, Los Gatos, 95032 171. Randy Pham 247 Marchmont Dr., Los Gatos, 95032 172. JoAnn Pham 247 Marchmont Dr., Los Gatos, 95032 173. Sandy Decker 45 Glenrid a Ave., Los Gatos, 95030 174. Gil Decker 45 Glenrid e Ave., Los Gatos, 95030 175. Dan Boyd 16538 Topping Way Los Gatos, 95032 176. Gina Fiorentino 16538 Topping Way Los Gatos, 95032 177. 1 Brigid Moreton 120 Cardinal Lane, Los Gatos, 95032 178. Valerie Lozowicki 223 Rosalie Court, Los Gatos, 95032 179. Darius K. Fanibanda 16619 Marchmont Dr., Los Gatos, 95032 180. Judy Prkman 16414 Hilow Road, Los Gatos, 95032 12. Neighbor Appellants' Post Hearing Memorandum to the Los Gatos Town Council 181. John She ardson 120 Oak Rim Drive, No. 20, Los Gatos, 95032 182. Tom Constantino 16722 Littlefield Lane, Los Gatos, 95032 183. Nancy Constantino 16722 Littlefield Lane, Los Gatos, 95032 184. Kathy Mele co 189 Longmeadow Drive, Los Gatos, 95032 185. Bill Mele co 189 Longmeadow Drive, Los Gatos, 95032 186. Farrin Rahimi 266 Kennedy Road, Los Gatos, 95032 187. Ali Moa edian 1266 Kennedy Road, Los Gatos, 95032 13. Exhibit A JID C u C q N N N M 8, G b mg G Obt N o a to O N N bN it N Q O M v " a c N � C C Y_ C c C O d C d O Y 0 oa Q If 4 {O- q q C C a a V � ~ a S a Y LO a I'm N LD M A H a u C q Li. E O u > >> T >> c Gl a d d N Ol q q q q q q -. LL LL LL LL LL LL H S` N N N LS if C 2 2 C 2 N 7 fl d) lD r4H O O D r L O I W Ot OD N ti N M C LL 4 E a 0 0 a 00 0 Ow Om to � Ln Op O EL O Q O O c c c L S O O C 0 " 0 0 0 0 0 0 0 s� "I bo oo" h 0 0 0 O In G O O N M u w di �0) O. H V1 W W LXV w O: �t° ^� a.°too °m °NiCO Dn ay j N .ti .4 M NmIn C q N N N M 8, G b mg G Obt N o a to O N N bN it N Q O M v " a c N � C C Y_ C c C O d C d O Y 0 oa Q If 4 {O- q q C C a a V � ~ a S a Y LO a I'm N LD M A H a u C q Li. E O u > >> T >> c Gl a d d N Ol q q q q q q -. LL LL LL LL LL LL H S` N N N LS if C 2 2 C 2 N 7 fl d) lD r4H O O D r L O I W Ot OD N ti N M C LL 4 E Exhibit B IL L1q Vu*i Tlas Mwmstoo Cap... Transportation ._.. .. _... Consultants j MEMORANDUM Dote: December 22, 2014 To. Jessy Pu, P.E. 1'- D=ame.. 4301 1ixver. sso Sea P CA k»amaq 44595 -8511 915 11 4zs+ss 300 iavare I",. 516 W. Suw Arprue $,A. 2W rre?g6. U 43901 -ss1s 55919159$50 559:I11.44104s Sa:nmene i 96a IV FI"� 6 S .0 A tD4�IPIQC 956141156 91E.i49 W95 I A Wn. 14W N Dupu1 M. 21 5tl { Sa. R.N. 50- CA I 95401 -sN3 ror.nssfiso I 107'51ss999t� oxma::�nuan wnnjM.i.cun. From: VishnuGandluru Project Engineer RECEIVED JAN -5 2015 TOWN OF LOS GATOS PLANNING DIVISION Project No.: 021 -094 T016 Jurisdiction: Los Gatos Subject: Hillbrcok School Driveway Counts - Pall 2014 The purpose of this memorandum is to present a summary of the driveway counts conducted at Hilibrook School in the Town of Los Gatos during the fall of 2014. Hillbrook School (a private k -S school) is located at 300 Marchmont Drive in the Town of Los Gatos. As per the Conditional Use Permit ICUP) requirements for the school, driveway counts were conducted on December 90', 2014 during the AM and PM peak, which is a regular school day session as per the School's calendar. The table below summarise the driveway counts conducted by TJKM Transportation Consultants. AM Peak Period Vehiclesfn Vehicles Out 7:30 -745 --7:45 25 5 -8:00 55 36 8 :00 - 8:15 25 - 18 8:15 - 830 10 12 TOTAL 115 71 PM Peak Period Vdhicws,in Vehicles Gut 2:30 -2A5 14 5 2:45 -3:00_ 1 27 19 3W-3:15 21 20 3:15 -3:30 20 33 3:30 -3A5 15 25 TOTAt 97 102 Please do not hesitate to contact us if you have questions. LNvrvon That mcvP5 Your Community RECEIVE[) ransporvtion consultants �)< MEMORANDUM inv�t,,r PNN!NG D! ISIONS xu� 43oS 14umwN DM Soros 530 P14wo . CA 94588A325 92SA63.0611 MA63:369Dbv by " Sit w U,. Av Sure 200 Fv. o CA 737062515 559335.7530 559ZiA94DU, 980 Nth $ IA1W '^ fl9pr 34cnmeuu. CA 95814 -27M 9164499D95 Soma Rnc. 1409N Dwon Ar %v 21 Sml4 #W., CA 95401.4W 707473.s/oo 70737SS088h yvmR�ily,n -raa Dote: June 2, 2014 To;' Jessy Pu. P.E. Project No.: 021 -094 TO 14 From: Vishnu Gandluru Jurisdiction: Los Gatos Project Lead Engineer Subject Hillbrook School Driveway Counts — Spring 2014 The purpose of this memorandum is to present a summary of Hiilbrook School driveway counts conducted during the spring of 2014. Hill wook School (a private k -8 school) is located at 300 Marchmont Drive in the Town of Los Gatos. As per Conditional Use Permit (CUP) requirements for the school. AM and the PM peak period driveway counts were conducted on May 22, 2014, which is a regular school day session as per the School`s calendar. AM Peak Period ch14 .n 1 . I 3 Vehk ks Out 7:30 — 7:45 217 14 7:45 — 8:00 8:00.- 8:15 =27 45 8:15 — 813 Is 4 TOTAL 9 1 00 P", Period 2:30 —2:45 ch14 .n 1 . I 3 YWildep Out 6 2:4S — 3:00 217 17 3:00 —115 33 28 3:15 -$:30 Is 4 3:30 - 3:45 9 i7 TOTAL 95 110 Please do not hesitate to contact us If you have questions. Exhibit C 2014 Date Trips over What HB Says: What Hillbrook's Calendar Says: 880 1" - 4th Grade Open House; Early Dismissal; 2 Home Basketball 22 -Jan Jan 4 games 7/8 Grade Parent Drug & Alcohol Education; 2 Home Basketball 23 -Jan 14 games 28 -Jan 78 Kindergarten screening; 2 Home Basketball games 30 -Jan 16 2 Home Basketball games Feb 3 -Feb 42 Flag; Marching Monday; 2 Home Basketball games 4 -Feb 14 2 Home Basketball games 5 -Feb 60 School Day Tours; Early Dismissal; 2 Home Basketball games Exception Nothing on Calendar explains "Exception ;" 2 Home Basketball 6 -Feb 202 games 12 -Feb 10 School Day Tours; 1 Basketball game 13 -Feb 166 Exception Kindergarten screening; 3 Home Basketball games April Mar 10 -Mar 10 Flag; Marching Monday; 1 Home Basketball game (vs. Mom's) 20 -Mar 12 Nothing on calendar 26 -Mar 184 Exception School Day Tours; 8" Grade Play 27 -Mar 310 Exception 8t' Grade Play May 8 -May 28 1 Home Volleyball game; 1 Away soccer game 9 -May 198 Annual Alumni Celebration 13 -May 58 2 Home Volleyball games; ERB Testing week ERB Testing week; HSPC Working Mtg & Susie Heeter's Art Show 14 -May 6 Opening; 1 Home Volleyball game 28 -May 176 Teacher Appreciation Breakfast; Art Show Opening 30 -May 14 Art Show June 2 -Jun 102 Exception 8 `" Grade Recognition Return of Organization Exempt From Income ax Um" Mtl Form 990 Under section 601(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung 1 2012 Deponme i of the Treasury benefit benefit trust or private foundation) Open to Public Internal Revenue service 00- The organization may have to use a copy of this return to satisfy state reporting requirements. Inspection A For the 2012 calendar year, or tax year beginning JUL 1 2 012 and ending JUN 3 0 2 013 B chew, e C Name of organization D Employer identification number MpeceCle: D =ate HILLBROOK SCHOOL �cha oo Doing Business As nitial refmn Number and street (or P.O. box if mail is not delivered to sheet address) �aiea' 300 MARCHMONT ROAD Oretuenaed City, town, or post office, state, and ZIP code LOS GATOS CA 95032 -5659 pending F Name and address of principal otficer:MARK SILVER SAME AS C ABOVE Tax - exempt status: W 501(c)(3) 501(c)( )A (insert no.) 4f J Website:► WWW.HILLBROOK.ORG K Form of oreanization: X Corporation Trust Association Other E Telephone number H(a) Is this a group return for affiliates? QYes ®No H(b) ke all affiliates included? QYes E�] No If "No,' attach a list. (see instructions) L Year of formation: 19 3 51 M State of least domicile: CA Part I I Summary Sign Here ' Signature of officer MARK SILVER HEAD OF SCHOOL Date a t Briefly describe the organization's mission or most significant activities: HI LLBROOK PROVIDES AN Paid PrinVTYDe preparer's name LYNN HENLEY A Prepare ' signaturf.� u• EXTRAORDINARY EDUCATIONAL EXPERIENCE THAT FOSTERS A LOVE OF LEARNING E 2 Check this box ► rf the organization discontinued its operations or disposed of more than 250A of its net assets. I Firm'sEIN k 94- 6214841 Use Only e3 BOULEVARD, SUITE 94583 -4600 Number of voting members of the governing body (Part VI, line 1a) .................... ............ ................... 3 17 4 17 en 4 Number of independent voting members of the ovemin body art VI line t b eP 9 9 9 Y (P ) ..... ......... ......... 5 109 d 5 Total number of individuals employed in calendar year 2012 (Part V, line 2a) ................. ............................... 6 210 'S 6 Total number of volunteers estimated necessary) ( M ............. .............. _ ........ ... ............................................ 7a 0. 7 a Total unrelated business revenue from Part VIII, column (C), line 12 ............................. ............................... 7b 0. b Net unrelated business taxable income from Form 990 -T, line 34 ........................... ......... ........ Prior Year Current Year 1,290,956. 1 581,654. d 8 Contributions and grants (Part VIII, line In) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,I...... 8 304 708. 8 , 3 3 5 , 5 6 3 . 'e g Program service revenue (Part VIII, line 2g) 10 ._. ....... . _ ...,... _. .. .. .... Investment income (Part VIII, column (A), lines 3.4, and 7d) _ ...... ............................... 35,752. 12,327. cc 11 Other revenue (Part VIII, column (A), lines 5, 6d, Be, 9c, 10c, and Ile) ....... ............ _.. -37,530. - 6 8 716 . 9,593,886. 9 8 6 0 8 2 8. 12 Total revenue - add lines 8 through 17 must equal Part VIII, column A, line 12 13 Grants and similar amounts paid (Part IX, column (A), lines 13) .. ............................... 868,517. 8 2 9 , 62 3 . 0. 0. 14 Benefits paid to or for members (Part IX, column (A), line 4) ........ ............................... 5,987.984. 6 45 2,3 8 5 . we 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5.10) ........ 0. 0. 0 16a Professional fundraising fees (Part IX, column (A), line 11 a) .......... ............................... - Qto Total fundraising expenses (Part IX, column (D), line 25) ► _341, 506 . 17 Other expenses (Part IX, column (A). lines tta- 11d, 11f- 24e) ............... „_ ...... ,___,._- 2,481,351. 2 663 438. 9,337,852. 9 45 44 . 18 Total expenses. Add lines 13.17 (must equal Part IX, column (A), line 25) _ .................. 256,034. - 8 4 618 . 19 Revenue less expenses. Subtract line 18 from line 12 ................ ....................... ....... r a° Be Innin ofCurtentYea' End of Year 20 Total assets (Part X, line 16) .................................................... ............................... 12 725 155. 14 832 891. 5 18 0 5 7 0. 7 3 7 2, 9 2 4. 21 Total liabilities (Part X, line 26) ........................ ,,.,,_, ............... ............................... 7 544.585. 7 4 5 9 9 147 . 22 Net assets or fund balanc s. Subtract line 21 from line 20 . ......... ............................... Part 11 1 Signature Block Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and copiiplete _DeclaraIion of %reDaler (other than officer) is based on all information of which preparer has any knowledge. May the IRS discuss this return with the preparer shown above? (see instructions) ......... ..... .............................. I _...... - ® Yes E-1 No 232301 12 -10-12 LHA For Paperwork Reduc ' Apt ice t se rate instructions. Form 990 (2012) SEE SCHEDULE 0 FOR SSION STATEMENT CONTINUATION Sign Here ' Signature of officer MARK SILVER HEAD OF SCHOOL Date ' Type or print name and title Paid PrinVTYDe preparer's name LYNN HENLEY Prepare ' signaturf.� u• Dahif 1 1 � l' chew =1 w4inploea PTIN 00356034 Preparer Firm's name 1, ARMANINO LLP I Firm'sEIN k 94- 6214841 Use Only Firm'saddressp, 12657 ALCOSTA SAN RAMON CA BOULEVARD, SUITE 94583 -4600 5,00 Phone no. 925 -790 -2600 May the IRS discuss this return with the preparer shown above? (see instructions) ......... ..... .............................. I _...... - ® Yes E-1 No 232301 12 -10-12 LHA For Paperwork Reduc ' Apt ice t se rate instructions. Form 990 (2012) SEE SCHEDULE 0 FOR SSION STATEMENT CONTINUATION THIS PAGE INTENTIONALLY LEFT BLANK RECEIVED Joe Sordi Sr 212 Marchmont Drive FEB 10 p015 Los Gatos, Ca 95032 oven DSGATOS February 11,2015 PLANNING DIVISION Los Gatos Town Council 110 East Main Street Los Gatos, California 95030 Subject: Posting of Hillbrook Traffic Counts and Use of Video Cameras at the Hillbrook Gate Dear Mayor Jensen and Town Council Members: In recent meetings with Chuck Hammers, head of the Hillbook board of directors, Chuck reiterated the willingness of the school to display a daily real -time cumulative traffic count, given in perhaps 15- minute intervals, with the final display representing the full count for that day. A similar suggestion was made by Tom Edsall, a member of the Hillbrook board, at the January 13, 2015 Town Council meeting. Additionally, Chuck agrees that if the Council so decides, a "running average" could be displayed at the end of each day that would be the average traffic to date for a current time interval, perhaps a trimester. These counts should be displayed on a separate web page on the Hillbrook website - as recommended by the Hillbrook TDM - that is devoted exclusively to neighborhood communications. To help discourage external attempts to corrupt the counts, Chuck likes the idea of using a 24 -hour video camera at the Marchmont gate. Also, there are days when the Sensys count system is sure to be down, either for planned maintenance or because of unplanned outages. For those days, a video counter could be employed as a back up counter. Joe Sordi Sr 4 .. �J 1 THIS PAGE INTENTIONALLY LEFT BLANK