Attachment 34 cup templateCONDITIONS OF APPROVAL TEMPLATE
Note: This template of potential conditions of approval is intended to assist the
Council in its decisions regarding operations of a private school. The template is
based on previous discussions at the Town Council meeting. The Council may wish
to focus its decisions on items in bold. The Town Council may also choose to add,
delete, or modify any of the conditions.
APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below. Any changes or modifications shall be approved by the Community
Development Director, the Development Review Committee, the Planning Commission, or
Town Council, depending on the scope of the changes.
EXPIRATION: The Master Plan approved May 7, 2001 (Resolution 2011 -048) is vested. The
Conditional Use Permit modification will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested. Enrollment of student
number 316 is considered vesting.
USE: The approved use is a junior kindergarten (JK) through eighth (8`h) grade educational
institution/private school. With ancillary after school activities, after school care, and after
school sports,
HOURS:
a. STUDENTS may be on campus Monday through Friday, (time) a.m. to (time) p.m.,
(time of year).
b. SCHOOL FACULTY may be on campus Monday through Friday, (time) a.m. to (time)
p.m., (time of year). Grounds and facilities maintenance may be on campus Monday
through Friday, (time) a.m. to (time) p.m., (time of year).
c. SCHOOL MANAGEMENT STAFF may stay on campus after 6:00 p.m. up to (time)
p.m., Monday through Friday, (time of year).
d. EXTENDED HOURS: Up to (number) times per year, hours (may /may not) be
extended past 6:00 p.m. up to (time) p.m. The school's management staff and
maintenance (do /do not) count towards the (number) times per year for extended hours.
e. WEEKEND presence on the campus by faculty, management staff, and /or maintenance is
limited to (time) a.m. to (time) p.m. on Saturday and Sunday, (time of year).
f. OTHER: No more than (number) school employees can be on the campus outside of
these hours of operation.
AFTER SCHOOL ACTIVITIES: Programs including but not limited to dance, Lego
engineering, woodworking, Spanish, and drama for the school's students are permitted, up to
(time) p.m., Monday through Friday, (time of year).
AFTER SCHOOL SPORTS AND COMPETITIONS: Any sports, competitive or not, and other
competitions with at least one participating team from this approved school are permitted up to
(time) p.m., Monday through Friday, (time of year). These competitions are permitted a
maximum (number) times per week up to (number) times per week outdoors.
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AFTER SCHOOL CARE: Childcare for the school's students is permitted class, up to (time)
p.m., Monday through Friday, (time of year).
VOLLEYBALL AND BASKETBALL TOURNAMENTS: A tournament is a series of
contests /matches /games between two or more schools /teams one of which must be the approved
school, 7:30 a.m. to 9:00 p.m. (vehicles off campus by 9:30 p.m.), Saturday. These tournaments
may occur up to (number) Saturdays per Academic Year.
EVENING/NIGHTTIME AND WEEKEND EVENTS: Evening/nighttime events are events that
occur between 6:00 p.m. and 9:00 p.m. Evening/nighttime and weekend events are permitted up
to (number) times per year. These events must be listed on a publicly accessible online School
Calendar.
OPEN HOUSE: One weekend Open House per calendar year, 7:30 a.m. to 9:00 p.m. (vehicles
off campus by 9:30 p.m.), Saturday and Sunday. This counts towards the number of weekend
events.
DELIVERY HOURS: Deliveries shall only occur between (time) a.m. and (time) p.m., Monday
through Friday.
SUMMER SESSION: A summer program is permitted between (month) and (month) for
(number) contiguous weeks. Summer hours are limited to (time) a.m. to (time) p.m., (days of
the week).
PROFESSIONAL DEVELOPMENT /CONFERENCES: Training for the parents of enrolled
students and the school's faculty only (is /is not) permitted (time) a.m. to (time) p.m. (vehicles
off campus by (time) p.m.), (days of the week), (time of year), and (time) a.m. to (time) p.m.
(vehicles off campus by (time) p.m.), (days of the week), (time of year). No other conferences
are not permitted.
THIRD PARTY USE /RENTAL /LEASE: Third party us (is /is not) allowed. A third party use is
defined as an entity that is under a contractual partnership agreement with the school, payments
for participation in the activity are paid directly to the school, and the school has control of the
operations of the activity.
ADDITIONAL ACTIVITIES: Any activity that is not expressly identified in this Permit is
prohibited.
NUMBER OF STUDENTS: The maximum number of enrolled students shall be limited to
(number) in year 2016 -2017, (number) in year 2017 -2018, and (number) in year 2018 -2019
and each year thereafter. The maximum number of students shall be limited to (number) during
the summer session. The school shall post total enrollment on their publicly accessible website.
The total enrollment shall the enrollment numbers provided in the affidavit submitted to the
California Board of Education, except that summer session numbers shall be posted on a publicly
accessible website even if not required by the California Board of Education.
INITIAL REVIEW: (Six/other) months from the date of this approval, the Planning
Commission shall review the school's compliance with this approval. The Planning Commission
may consider whether there is merit to increase the number of students from 315 based on
compliance with (maximum trip /average daily trip /other) condition(s) in this Permit. This
review shall be completed at the applicant's expense.
(MAXIMUM /AVERAGE /OTHER) NUMBER OF DAILY VEHICLE TRIPS: The total
number of vehicles entering and exiting the campus shall not exceed (number) vehicles pursuant
to the following:
a. Evaluation shall include all days except for days when no school or activities are
held.
b. The school (may /may not) designate (number) days per year to remove from the
maximum calculation, consistent with this Conditional Use Permit. These days must
be identified on a publicly accessible online School Calendar.
c. The school (may /may not) select an additional (number) of random days to remove
from the maximum trip calculation.
d. No more than (number) days, (designated/random), per month may be removed
from the maximum calculation.
MANDATORY TRAFFIC DEMAND MANAGEMENT PLAN: The school shall implement, at
their expense, a Mandatory Traffic Demand Management Plan consisting any of the following
means to limit daily vehicle trips: carpools, busing, shuttle buses, traditional school buses,
bicycling, walking management plans, or other methods submitted by the school and approved
by the Town. The school must inform persons and entities, covered by the plan, that pickup and
drop -offs are prohibited on public streets in the immediate vicinity of the school. The school is
solely responsible for enforcement of and compliance with a Mandatory Traffic Demand
Management Plan.
TRAFFIC COUNT MONITORING: The school shall monitor its compliance using the existing
embedded counter and by installing tube counters as a backup. The data from the counters will
be used to determine whether the school has complied with the traffic requirements. (More
detail may be added per the Staff Report for the 3/17/15 Council Meeting.)
BUS STOPS: The school may continue to use bus stop locations negotiated with private
businesses. Any existing or new bus stop must be approved by the Los Gatos Parks and Public
Works Department as a suitable and safe place for a bus stop.
PARKING: All parking shall be accommodated onsite.
PICK -UP AND DROP -OFF AREA: The pick -up and drop -off area must be maintained with five
(5) lanes.
EMERGENCY ACCESS ROAD: The emergency access road to Ann Arbor Drive (shall/shall
not) be opened up at any time to public or school use, except after the completion of the
required environmental clearance and the Planning Commission has conducted a public
hearing regarding a change in use of the Ann Arbor gate. The road may be used for
construction access only if it is part of approved construction plans for an Architecture and Site
application.
CURFEW AND NOISE: The school shall comply with the Town Code for curfew and noise
issues, except that amplified noise (may /may not) exceed noise limitations a maximum of
(number) times a year if necessary for adequate and effective conduct for the event.
ONGOING COMPLIANCE REVIEW: The Planning Commission shall review the school's
operation for compliance with this Conditional Use Permit (number) months after this approval.
If, at the (number) -month review, the Planning Commission finds that the school complies with
this approval, (yearly /twice - yearly) compliance review shall be required. If, at any review, the
Planning Commission finds that the school is in violation or that new or more effective data
collection methods are available, then the Conditional Use Permit may be modified. Compliance
review shall be completed at the applicant's expense.
PENALTIES FOR EXCEEDANCES OF THE MAXIMUM DAILY TRIP CAP:
a. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that
the number of trips exceeds the (maximum/average /other) daily trip cap, the applicant
shall pay a penalty of $(dollar amount) per excess trip.
b. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that
the number of trips exceeds the (maximum/average /other) daily trip cap for a second
consecutive monitoring period, the applicant shall pay a penalty of $(dollar amount)
per excess trip.
c. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals that
the number of trips exceeds the (maximum/average /other) daily trip cap for a third
consecutive monitoring period, the applicant shall pay a penalty of $(dollar amount)
per excess trip and the following Academic Year's maximum enrollment increase shall
be reduced by (number) students.
d. Penalty money shall be paid to the Town and used towards (neighborhood
traffic /pedestrian improvements as determined by the Town's Community
Development Director and Town Engineer in coordination with the Neighborhood
Committee /other).
NEIGHBORHOOD COORDINATION: The school shall communicate and coordinate with
neighborhood in the following ways:
a. A neighborhood newsletter shall be provided by mail, email, and/or on a publicly
accessible website.
b. A schedule of events shall be provided to the neighborhood, by posting on a website
accessible to the public, at the beginning of every school year. The school shall mail
the schedule of events to the neighbors at the beginning of the school year.
c. The school shall conduct a quarterly neighborhood meeting facilitated by an outside
consultant experienced in facilitation of groups with competing interests and
viewpoints. The purpose of the meeting is to engage the surrounding neighborhood
in discussion related to the operation of the school site and any concerns the area
residents may have. Notification of the neighborhood meeting shall include notices
mailed to owners and occupants on upper and lower Marchmont Drive, its adjacent
courts, Hilow Road, Stonybrook Road, Englewood Avenue, Robin Way, Cardinal
Lane, Topping Way, Ann Arbor Drive, and Wollin Way. A list of attendees with
addresses shall be kept by the facilitator and a written report of discussion points shall
be provided to the school and to interested neighbors, and posted on a publicly
accessible website. Items for discussion shall be accepted electronically up to 72
hours prior to a meeting.
d. Any resident wishing to receive notifications by mail and/or email can submit a
written request to the school's Traffic Coordinator.
NEIGHBORHOOD COMMITTEE: The school shall establish a Neighborhood Committee
comprised of two school Trustees, the Head of School, the Traffic Coordinator, and four
representatives from the neighborhood. The Neighborhood Committee shall meet monthly for
the first 24 months to discuss issues of concern. The meeting minutes will be posted for the
public or the Town's review on a publicly accessible website. The committee shall agree to a
revised meeting schedule after the first 24 months.
GYMNASIUM DOORS AND WINDOWS: The loading doors on the Ann Arbor side shall be
closed at all times whenever activities are being held inside the gymnasium. The other doors and
windows in the gymnasium shall be allowed to remain open during activities.
NOISE BARRIER: If desired by the homeowners of 183 and 185 Longmeadow Drive, in order
to reduce excess noise from playground activity at the school, a six -foot high acoustically
effective barrier shall be constructed along the property line contiguous with 183 and 185
Longmeadow Drive. The barrier height is in reference to the nearest playground ground
elevation. The applicant shall submit building permits for the noise barrier.
SQUARE FOOTAGE: The maximum structural square footage is 55,715 square feet as
approved by the Master Plan on May 7, 2001 (Resolution 2011 -048). The existing campus is
currently 52,683 square feet and an additional 3,032 square feet is permitted in the library and
cafeteria/art classrooms with an approved Architecture and Site application.
BUILDING FOOTPRINTS: The footprints of the future buildings may be required to be
modified during the Architecture and Site approval process to reduce tree impacts.
TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and
hold harmless the Town and its officials in any action brought by a third party to overturn, set
aside, or void the permit or entitlement. This requirement is a condition of approval of all such
permits and entitlements whether or not expressly set forth in the approval, and may be secured
to the satisfaction of the Town Attorney.
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