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Desk ItemSpYIN F COUNCIL AGENDA REPORT MEETING DATE: 02/17/15 ITEM NO: 8 DESK ITEM DATE: FEBRUARY 17, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER 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: Additional public comments are attached as Attachment 31. 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 10. Planning Commission approved CUP PREPARED BY: LAUREL R. PREVETTI Assistant Town Manager /Community Development Director Reviewed by: N/A Assistant Town Manager Town Attorney N/A Finance N:\DEV\TC REPORTS\2015 N1amhmont300_2.17.15De kltem,docx Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVE/U -12- 002 /EIR -13 -001 FEBRUARY 17, 2015 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 the February 17, 2015 StaffRejort: 30. Public Comments received 11:01 a.m. January 13, 2015 to 11:00 a.m. February 12, 2015 Attachment received with this Desk Item: 31. Public Comments received 11:01 a.m. February, 2015 to 11:00 a.m. February 17, 2015 Jennifer Savage From: Patricia Elliot <Elliotlaw @mail.com> Sent: Sunday, February 15, 2015 2:45 PM To: Jennifer Savage Subject: Hillbrook's Comments -No increased enrollment Attachments: Timeline of Comments -No increased enrollment.docx Hi Jennifer, Here is the collection of comments -from documents in the Town's Planning Dept. Hillbrook file- regarding Hillbrook's assurances that they would not seek to increase enrollment even though they were enlarging the size of its buildings. We feel the school should be held to that commitment. Without that commitment in 2001, the Town Council would not have permitted Hillbrook to enlarge the size of its buildings. Their claim now that they have "empty seats" they should be permitted to fill- should be rejected. Best regards, Patti Patricia Elliot, Esq. Elliotlaw(&mail com 269 Marchmont Dr. Los Gatos, CA 95032 (408) 358 -4455 Tel (408) 358 -44941 Fax (408) 623 -66341 Mobile ATTACHMENT 31 TIMELINE OF COMMENTS -FROM REVIEW OF TOWN PLANNING DEPT. FILE FOR THE HILLBROOK SCHOOL 12/29/1999 — Letter from Jim Hilton — Business Manager Hillbrook to Town of Los Gatos Planning Department. The building and remodeling being done is to improve aging Hillbrook campus. Our school's structure will remain the same, two classes for each grade kindergarten through eighth for a total of 315 students. This building remodel project will not have any effect of traffic on Marchmont Drive as our student census will not increase. It is not Hillbrook's intent to increase enrollment but to have a safe, up -to -date educational facility for our students and a campus that fits in with the Los Gatos Community and neighborhood. Jim Hilton — Hillbrook Business Manager 04/12 /2000 —Town of Los Gatos California Planning Commission Meeting Commissioner Quintana questions the increase enrollment at the school. Mr. Hilton state the use permit is based on 315 students and their enrollment has always been between 283 -305 and they have never been above 315. Mr. Hilton concluded by stating that they have done everything they can to mitigate the neighbors' concerns and will continue to work with the neighbors. Modified CUP added to meeting notes. I have added a few of the items in their existing content. Car - Pooling. The applicant shall maintain and promote (at least quarterly) a car- pooling program for their students. Enrollment. The enrollment shall be limited to 315 students. Nighttime Activities. There shall be no more than two nighttime activities per year. Lease /Rentals. No lease or rental of the gymnasium shall be permitted to third parties. Commissioner Lyon requested that the school work closely with the neighborhood to mitigate their concerns Commission Quintana state she feels approval of this matter is premature because she would like to revisit the traffic situation and the use of the Anne Arbor Gate. Ms. Quintana stated that she is not opposed to the school, but would just like to see the traffic concerns addressed. 1. TIMELINE OF COMMENTS -FROM REVIEW OF TOWN PLANNING DEPT. FILE FOR THE HILLBROOK SCHOOL 06/05 /2000 -Town Council /Parking Authority Joint Redevelopment Agency Jim Hilton - Business Manager HB- spoke on the application to replace an existing building that is not earthquake proof nor ADA compliant. They noted that the enrollment will not be increased due to these upgrades, no traffic increase. The school is willing to work with the neighbors regarding these issues. Council Comments Council comments Mrs. Lubeck -She asked that pedestrians and bicycle use on Ann Arbor be reviewed and that the Commissioner ask for a traffic study and request that the applicants participate in the cost for arriving at a some traffic calming solutions. Mr. Pirzyranski - supported the previous statements, noting that the minutes of the Planning Commission did not reflect the neighborhood's concerns and the breadth of the issues involved. Mr. Pirzyranski - second by Ms. Lubeck, to grant the appeal and return this issue to the Planning Commission on the basis of new information that has been generated and which is significant enough for them to continue to work on the proposal and request a traffic study. Mr. Pirzyranski - did not want this issue to vie one neighbor against another. The asked for a study that would be oriented toward mitigation measures that are workable. Council noted that there are not only traffic issues but other extreme problems in the area. Council asked that the Ann Arbor gate be considered for pedestrian and bicycle access. Order a traffic calming study and scope of work from the budget which will be in sync with the neighborhoods. Motion includes comments to Planning Commission. Carried unanimously 06/25/2000 - Letter from Hillbrook to Hillbrook Parents The overwhelming concern of the majority of the speakers, all from Marchmont Drive or its environs, however, was Hillbrook traffic. Their complaints were many, built up over a long period. Speakers related that Hillbrook drivers went too fast, causing potential dangers to themselves or their children. Many spoke of trying to get out of their driveway only to find Hillbrook drivers unwilling to allow them to back out. Several related incidents of rude or arrogant behavior on the part of the parents. 9 TIMELINE OF COMMENTS -FROM REVIEW OF TOWN PLANNING DEPT. FILE FOR THE HILLBROOK SCHOOL We entered the meeting hopeful that our offer of working with the neighbors to improve traffic relations would be sufficient for the Town Council to give us go -ahead to commence construction. It was not. There were enough critical voices for the Council to move to return the proposal to the Planning Commission and require us to conduct a traffic study, which we immediately undertook. Further, we have determined that we need also to adopt major parking concessions to our neighborhood to heal our relations and enable us to move forward as a school. When School resumes in September, the following restrictions will be in effect. No parking on Marchmont Campus vacated for all evening events no later than 9:30 PM Use of campus on weekends will be restricted to Hillbrook events only. We will launch a major effort to facilitate the use of carpools by parents. We will explore incentives for parents to carpool. It is our hope that, with our friendly expressions of accommodations to our neighbors, we will receive permission in short order. Sarah Bayne — Head of School 06/25/2000 — Letter from Hillbrook to Marchmont Neighbors. As those of you who were present at the Town Council Meeting on June 5 are aware, we have been asked as a school to work on concerns and issues our neighbors presented at the meeting. As we expressed at the time, we are very interested in working as hard as we can to improve traffic conditions and lessen the inconveniences created by school activities. To that end, we have considered many possible accommodations to our traffic and our school activities and developed a plan that we hope will greatly reduce the impact of Hillbrook traffic and population on the neighborhood. Those new accommodations are listed below. I would like to reiterate that the amount of school traffic and number of students is not to be increased through our Master Plan application. The term "doubling our classes" referred to a reconfiguration of the school's student population throughout the grades with the elimination of the preschool. This reconfiguration is totally complete. The number of students at Hillbrook stands at 315. Sarah Bayne — Head of School TIMELINE OF COMMENTS -FROM REVIEW OF TOWN PLANNING DEPT. FILE FOR THE HILLBROOK SCHOOL October 2000 Hillbrook Letter to The Planning Commission Los Gatos — stamped received by LG 09/29/2000 After the meeting on June 5, the school moved immediately to contract with Multitrans from the Town of Los Gatos to obtain a traffic count before school was dismissed. There has been continued suggestion that the school's master plan indicates its interest in increasing its population and overall size of the school. At no point has Hillbrook ever requested a change in its Conditional Use Permit which limits the school's population to 315 The school's population currently stands at 315 Day care and all after school programs are only offered to Hillbrook students We have adopted the following restrictions to the number of after school events to nine, reducing last year's number by three. All events will now be concluded by 9 p.m., withal cars of campus by 9:30 p.m. In addition, the 4 Upper School dances (grades 7 & 8) will now commence at 6 p.m. instead of 7, concluded at 9. Hillbrook will close the campus to any use by outside leagues or youth groups on weekends. Allow no non - Hillbrook use of the gym on weekends. Limit the weekend use of the campus to the following Open House(October Saturday afternoon) Volleyball tournament weekend 2 Basketball Tournament weekends. Hillbrook is deeply concerned about traffic and parking problems created by Hillbrook families on Marchmont Drive. We have adopted the following measures to help address these serious problems: Hillbrook will insist upon more regular patrol of the approaches to the school by police so as to enforce traffic laws. Approximately 1/3 of Hillbrook parents are now carpooling as a results of our networking and emphasis on the problem. Hillbrook is exploring the utilizing the services of a professional traffic consultant such as Altrans for increase carpool options. As stated both at the June 5 Town Council meeting and September 26 neighborhood we are willing to off -set the traffic burden into Ann Arbor Drive by using Ann Arbor entrance for an additional entrance and exit to the school. As stated at both meetings, detailed research has shown that the result could be that approximately 90 children could use that entrance. Of which 20 children presently could be pedestrian traffic. Sarah Bayne — Head of School 4. TIMELINE OF COMMENTS -FROM REVIEW OF TOWN PLANNING DEPT. FILE FOR THE HILLBROOK SCHOOL 10/25 /2000 —Town of Los Gatos California Planning Commission Meeting Sarah Bayne — New Head of School HB — Mr. Bayne explained that the use of carpooling has increased by over 40% this year and they are researching additional alternatives. She stated they have also elected to make the following good will permanently; 1)increase their onsite parking spaces by 20; 2)met with ALTRANS and are reviewing their proposal;3)are researching possibility of busing students; and 4)limited week -end use of the campus and prohibit any non HB use of the gym or field. Ms Bayne explained in detail the school's master plan and goals and stated they do not plan to ask for any changes in the number of students which are presently permitted under their CUP which is 315 students. Jim Hilton — Business Manager HB — explains that carpooling has increased over 40% and the school is working to solve the problem. Ms. Bayne — school not trying to pit one neighborhood against the other but was trying to make the school compliant and improve the standards and regulatory classroom for its students. Ms. Bayne clarified the reason why they had staggered dismissal times, and state they have no plans to increase their enrollment. 5. Jennifer Savage To: Christina Gilmore Cc: Lynda Seastrom Subject: RE: Airport Syndrom / Hillbrook School Begin forwarded message: From: "Hillhouse, Kent" <kent.hillho use @dtz.com> Date: February 16, 2015 at 7:38:55 AM PST To: "Mjensen @LosGatosCA.gov" <Miensen @LosGatosCA.go >, "Bspector @LosGatosCA.aov" <Bspector @LosGatosCA.gov >, "Sleonardis @LosGatosCA.aov" <Sleonardis @LosGatosCA.eov >, "Rrennie @LosGatosCA.gov" <Rrennie @LosGatosCA.go >, "Msavoc @LosGatosCA.go <M sayoc @ LosGatosCA.eov> Cc: "Christina Gilmore (CGilmorec@losgatosca.eov)" <CGilmore @losaatosca.eov> Subject: Airport Syndrom / Hillbrook School Honorable Mayor and Council Men and Women, I am a Los Gatos resident and sent both my daughters to Hillbrook School in the late 1970s / early 1980s. 1 think the decision to send my children to Hillbrook was one of the best decisions of my life. The term "airport syndrome" has always been interesting to me. This term can be applicable not only to governmental agencies, but also to industry and education. This is a phenomenon where an airport is constructed away from the population of the surrounding community. Then there becomes a time when the community grows and surrounds the airport. The people who buy houses in this area are aware of the noise and traffic issues when they purchase. At some point, the "new community" wants to force out the original occupant. Hillbrook School, formerly known as The Children's Country School, came to be a resident of Los Gatos long before the current surrounding neighborhoods arrived when in 1936 it purchased the ranch of Colonel James Parker and started teaching to a class of seven children. If Hillbrook can increase its enrollment by 99 students, it would enable the school to create a larger middle - school that would allow teachers to break into more sections to promote higher level language and math skills. Hillbrook has promised to hold to a daily average of 960 car trips (480 round - trips) if expansion is approved, a traffic count that is far less than the traffic count a dozen years ago. This positive change will elevate an already "world class" school to even a higher level - something which all Los Gatans can be proud. Kent Hillhouse Long time resident of Los Gatos and Proud Father of two Daughters who are graduates of Hillbrook School This email (including any attachments) is confidential and intended for the named recipient(s) only. It may be subject to legal or other professional privilege and contain copyright material. Any confidentiality or privilege is not waived or lost because this email has been sent to you by mistake. Access to this email or its attachments by anyone else is unauthorised. If you are not the intended recipient, you may not disclose, copy or distribute this email or its attachments, nor take or omit to take any action in reliance on it. If you have received this email in error, please notify the sender immediately, delete it from your system and destroy any copies. We accept no liability for any loss or damage caused by this email or its attachments due to viruses, interference, interception, corruption or unauthorised access. Any views or opinions presented in this email or its attachments are solely those of the author and do not necessarily represent those of the company. In recent and past letters from Ann Arbor neighbors, from a law firm representing the neighbors, and a from a traffic consultant representing the neighbors, reasons are put forth on why the Ann Arbor gate should not be opened to Hillbrook vehicular traffic and/or to foot traffic. Here is a general response to those letters: 1) There is nothing "illegal' about opening the gate. The Town lawyer can be consulted as to the veracity of this statement. The town owns that one foot strip of land without restrictions. 2) It is not shifting the problem as Ann Arbor neighbors repeatedly claim. It is Ann Arbor hs aring the problem. A TJKM 2000 traffic study recommended the opening the Ann Arbor gate to do just that. 3) The problem of parents dropping children at the Ann Arbor gate applies equally to the Marchmont gate as well. Shall we close the Marchmont gate to prevent that from happening ? 4) The TIRE index does not apply in this situation. The traffic at the Ann Arbor gate right now is ZERO. As noted in the Hillbrook DEIR on p 4.3 -29, "There are limitations to the TIRE index because it measures the change in traffic intensity (e.g., addition of two homes to a cul de sac with just four homes would result in a high TIRE index)... ". This limitation is noted repeatedly in other EIRs and traffic studies where the TIRE index is used. Furthermore, the TIRE index is not an industry accepted standard. Neither is it a Los Gatos town standard. The TJKM 2013 addendum study states that it is used "for information purposes" only. 5) Children crossing Shannon at Ann Arbor are probably in LESS danger than children crossing at Hilow, where there is a higher concentration of school traffic. In either case, a crossing strip and crossing guard needs to be used - just as is done at the intersection of Marchmont and Hilow today. 6)Keeping Ann Arbor closed to foot traffic does not preclude opening the gate to only vehicular traffic. 7)Devaluation of property applies equally to Marchmont neighbors, who were promised no increase in the Hillbrook 315 enrollment limit. There is never a guarantee that a situation cannot change in any neighborhood that will affect property values. 8)Diverting some school traffic onto Ann Arbor will not significantly increase traffic danger on Shannon and Short Road. It will in fact prevent some of the same current traffic at that location from continuing west on Shannon into heavy public school traffic at Shannon and Hilow. It will, as well, decrease heavy peak period Hillbrook traffic at the intersection of Hilow and Marchmont. Joe Sordi Sr 212 Marchmont Drive Los Gatos, Ca 95032 February 15, 2015 Los Gatos Town Council 110 East Main Street RECEIVED Los Gatos, California 95030 FEB 17 2015 Subject: Opening the Ann Arbor Gate to Hillbrook Staff Traffic TOWN OF LOS GATOS Dear Mayor Jensen and Town Council Members: PLANNING DIVISION In recent and past letters from Ann Arbor neighbors, from a law firm representing the neighbors, and a from a traffic consultant representing the neighbors, reasons are put forth on why the Ann Arbor gate should not be opened to Hillbrook vehicular traffic and/or to foot traffic. Here is a general response to those letters: 1) There is nothing "illegal' about opening the gate. The Town lawyer can be consulted as to the veracity of this statement. The town owns that one foot strip of land without restrictions. 2) It is not shifting the problem as Ann Arbor neighbors repeatedly claim. It is Ann Arbor hs aring the problem. A TJKM 2000 traffic study recommended the opening the Ann Arbor gate to do just that. 3) The problem of parents dropping children at the Ann Arbor gate applies equally to the Marchmont gate as well. Shall we close the Marchmont gate to prevent that from happening ? 4) The TIRE index does not apply in this situation. The traffic at the Ann Arbor gate right now is ZERO. As noted in the Hillbrook DEIR on p 4.3 -29, "There are limitations to the TIRE index because it measures the change in traffic intensity (e.g., addition of two homes to a cul de sac with just four homes would result in a high TIRE index)... ". This limitation is noted repeatedly in other EIRs and traffic studies where the TIRE index is used. Furthermore, the TIRE index is not an industry accepted standard. Neither is it a Los Gatos town standard. The TJKM 2013 addendum study states that it is used "for information purposes" only. 5) Children crossing Shannon at Ann Arbor are probably in LESS danger than children crossing at Hilow, where there is a higher concentration of school traffic. In either case, a crossing strip and crossing guard needs to be used - just as is done at the intersection of Marchmont and Hilow today. 6)Keeping Ann Arbor closed to foot traffic does not preclude opening the gate to only vehicular traffic. 7)Devaluation of property applies equally to Marchmont neighbors, who were promised no increase in the Hillbrook 315 enrollment limit. There is never a guarantee that a situation cannot change in any neighborhood that will affect property values. 8)Diverting some school traffic onto Ann Arbor will not significantly increase traffic danger on Shannon and Short Road. It will in fact prevent some of the same current traffic at that location from continuing west on Shannon into heavy public school traffic at Shannon and Hilow. It will, as well, decrease heavy peak period Hillbrook traffic at the intersection of Hilow and Marchmont. This Page Intentionally Left Blank Jennifer Savaae From: Jennifer Renk < JRenk @sheppardmullin.com> Sent: Tuesday, February 17, 2015 10:59 AM To: Jennifer Savage; Laurel Prevetti; Marcia Jensen; BSpector, Steven Leonardis; Marico Sayoc; Rob Rennie Cc: Robert Schultz; Chuck; Silver Mark Subject: Hillbrook School- -Desk Item Attachments: Hillbrook Monitoring and Enforcement Policy.DOC Good morning. On behalf of the Hillbrook School, we hereby submit the attached Monitoring and Enforcement Protocol as a desk item for the Town Council's consideration this evening. We hope this policy example serves as a useful tool to guide the Council's deliberations. Cheers, Jennifer Jennifer E. Renk 415.774.3143 1 direct 415.403.6091 1 direct fax 510.541.5829 1 cell JRenk a7sheopardmullin corn J Bio SheppardMullin Sheppard Mullin Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415.434.9100 1 main www.shepparmullin.com Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e -mail and delete the message and any attachments. Hillbrook School Monitoring and Enforcement Policy I. Definitions Trip—A single vehicle (car, truck, van, shuttle, etc.) arriving at and departing from Hillbrook, which shall equal two trips. Trips do not include bicycles or other self - powered modes of travel. Average Daily Traffic ( "ADT" )—The maximum number of average trips per day. ADT Hillbrook must comply with the ADT and, if the ADT is exceeded, Hillbrook is in violation of the CUP. The ADT is as follows: • ADT: 880 average daily trips II. Monitoring To monitor compliance with the ADT, traffic counts shall be done through automated means imbedded in the pavement at the Hillbrook gate. Hillbrook shall be solely responsible for paying all costs related to monitoring, including, but not limited to, development, installation, maintenance and repair of all monitoring equipment. Monitoring program details are as follows: • Monitoring Days/Times —The monitoring shall include all school days, which are representative of typical daily operations, and shall exclude weekends, holidays, teacher conference days, and any other days when no school is in session. • Exclusions —To account for special events and their effect on trips, Hillbrook may choose up to 10 days per year on which the ADT is exceeded, but are not considered violations of the ADT. • Count Equipment—The automated count equipment shall be installed by Sensys Networks at Hillbrook's sole expense to collect data on the number of trips entering and exiting the Hillbrook campus. The data shall be uploaded to the Sensys Networks website. • Initial Calibration Process —Once the count equipment has been installed, a calibration process will be undertaken with Sensys Networks to determine and confirm the reliability and accuracy of the equipment. • Determination of Reliability (Sensitivity) Factor —Based on the calibration analysis, the Town and Hillbrook will agree to a reliability factor for the count equipment, which will be used to evaluate count results. The reliability factor would represent the margin of error inherent in the vehicle counting equipment and also would address the exclusion -1- of trips whose final destination is not Hillbrook (i.e. wrong turns, next -door neighbors, newspaper delivery trucks, uninvited guests, etc.). Periodic Count Equipment Testing/Recallbration —The vehicle detection system shall be periodically tested to ensure the accuracy of the monitoring counts. During the first two years of operation, testing will be conducted at six month intervals. If these tests show that the system is operating reliably, then testing can be reduced to once a year. If the equipment is thought to be out of calibration, Hillbrook will work with the Town to test and calibrate the equipment, as necessary. Installation and Repairs —The count equipment shall be installed and in good working order by the first academic year when additional students above the current 315 are enrolled. Non - emergency repairs and maintenance of the monitoring equipment shall occur only on evenings and weekends. The Town's Engineering Division shall be notified within 24 -hours of any emergency repairs. Failure to keep monitoring equipment operational and in good working order will be considered a violation of the ADT after 3 school days, unless the repairs /maintenance require additional time as approved by the Town and Hillbrook is diligently pursuing such repairs /maintenance. The ADT penalty will not be enforced during the repair /maintenance of the monitoring equipment. Access to Count Equipment/Reporting —The Town shall have the ability to access the count equipment at any time after reasonable prior notice to Hillbrook. Hillbrook will not have access to the count equipment, unless approved by the Town or in case of the need for emergency repairs. The Town shall not unreasonably withhold approval of access for repair /maintenance contractors. Hillbrook shall have "read- only" access to the reporting data in order to run history reports and track trends. Reporting data shall be provided to Hillbrook and the Town as close to real time as possible. Real time data will provide Hillbrook the opportunity to take immediate action, if necessary, to avoid violating the ADT. I11. Enforcement Hillbrook shall be responsible for achieving compliance with the ADT. The Town shall enforce compliance with the ADT. If the results of the monitoring indicate that the number of trips is at or below the ADT, considering the reliability factor, then Hillbrook is considered to be in compliance. If, however, the results of the monitoring, considering the reliability factor, reveal that the ADT has been exceeded, Hillbrook is in violation of its CUP and the Town may take steps to enforce the ADT. The specifics for enforcement are as follows: Threshold —If there are ADT violations that do not qualify for an exclusion, then penalties shall be imposed. Penalties — Monetary penalties will be imposed for violations of the ADT in excess of the threshold. Penalties are calculated on a $1,000 per trip basis. The penalty money shall be paid to the Town and used toward neighborhood traffic/pedestrian improvements, in coordination with the Town, Hillbrook, and the Neighborhood Committee. -2- This Page Intentionally Left Blank