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
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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.
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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
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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-
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