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MEETING DATE: 03/17/15
ITEM NO: I
DESK ITEM
COUNCIL AGENDA REPORT
MARCH 17, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN
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.
This desk item provides further analysis of traffic data with possible options for a traffic
condition; identifies the findings that the Council may choose to make with respect to the
Conditional Use Permit (CUP), Environmental Impact Report (EIR): and transmits additional
public comments received by 11:00 a.m. this morning.
A. Traffic Data
Town staff analyzed the data provided by the Hillbrook School Sensys traffic counting
system and considered the Council's discussion at prior Town Council meetings in
formulating a few options for a potential traffic condition for Council consideration. The
data all have a nexus to specific methodologies, as explained below. The information is
also summarized in Table I on page three of this report.
PREPARED BY: LAUREL R. PREVETTI
Assistant Town Manager/ ommumty Dever t Director
Reviewed by: N/A Assistant Town Manager wn Attorney N/A Finance
N: \DEV\TC REPORT$\ 2015VNamhmon t300_3.17.15_Dmkltem.do x Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 300 MARCHMONT DRIVE/U -12- 002 /EIR -13 -001
March 17, 2015
1. Average Daily Trips (ADT)
Baseline Traffic
The baseline traffic level is that established prior to the Traffic Demand
Management program put in place by Hillbrook and the level that existed under
the current Conditional Use Permit. The traffic volumes could be limited to this
baseline level and therefore not allow for an increase in traffic. The baseline
traffic was measured as 880 trips per day in 2011. Council could stipulate no
traffic increase by setting the Average Daily Traffic (ADT) level at this baseline
measurement.
Project Environmental Impact Report
The traffic analysis in the project EIR found no significant impact with an
assumed increase of 276 ADT by the proposed project. The EIR's baseline ADT
volume generated by the school was 880 trips, as noted above. The assumed
future ADT volume is the baseline of 880 plus the 276 increase in daily trips
attributed to the project for a total of 1,156 trips per day. Council could stipulate
this ADT level and stay within the no significant impact threshold of the EIR.
Sensys Data
Staff evaluated the Fall 2014 Sensys data and extrapolated the data for 414
students (by using the measured student trips per day calculated during the fall
semester and assuming no additional Traffic Demand Management measures).
This extrapolated data (Attachment 38) showed the ADT volumes were 978 trips
for the Fall 2014 semester, which is below the 1,156 daily traffic volumes
analyzed in the EIR. Council could stipulate the ADT level based on these data.
2. Maximum Daily Traffic Volumes
Maximum daily traffic volumes are higher than average daily traffic volumes. Based
on the Fall 2014 Sensys data, the maximum daily traffic volumes were 47% higher
than the average daily traffic volumes. With the top five days of highest volumes
removed, this percentage dropped to 18 %. With the top ten days of highest volumes
removed, this percentage fell to 13 %. If the Council were to provide a specific
number of exception days per quarter (e.g. five days or ten days), the lower maximum
would have a nexus to actual measured trips. The summary table with the top ten
days of highest volumes removed is included with Attachment 38 of this report.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 300 MARCHMONT DRIVE/U -12- 002 /EIR -13 -001
March 17, 2015
Table 1.
Potential Hillbrook Traffic Options
Project
EIR
Al?
❑ 1 156
❑ 1699
47% max over ADT
❑ 1364
18% max over ADT (5 exception days)
❑ 1306
13% max over ADT (10 exception days)
Sensys
Data
❑ 978
❑ 1438
47% max over ADT
❑ 1154
18% max over ADT (5 exception days)
❑ 1105
13% max over ADT (10 exception days)
t,
Baseline
❑ 880
❑ 1294
47% max over ADT
❑ 1038
18% max over ADT (5 exception days)
❑ 994
13% max over ADT (10 exception days)
3. Summer Session
Based on the Summer 2014 Sensys data, the average daily traffic volumes were 288
trips and the maximum daily traffic volumes were 418 trips. Attachment 39 is a
summary table for the Summer Session 2014.
B. Findings
The required findings for granting a CUP, as required by Section 29.20.190 of the Town
Code are:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town
Code if it finds that:
(1) The proposed use of the property are essential or desirable to the public
convenience or welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(3) The proposed use would not be detrimental to public health, safety or general
welfare; and
(4) The proposed use will meet the objectives of the General Plan and Town Code.
The required findings for the Town Council's certification of the Final EIR as complete
and compliant the California Environmental Quality Act (CEQA) are:
(1) The Final EIR has been prepared in accordance with the requirements of CEQA
and the State CEQA Guidelines;
(2) The Final EIR was presented to the Town Council, which has reviewed and
considered the information contained therein; and
(3) The Final EIR reflects the independent judgment and analysis of the Town.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 300 MARCHMONT DRIVE /U -12- 002 /EIR -13 -001
March 17, 2015
The matter before the Council is an appeal of a Planning Commission decision. If the
Council decides to uphold the appeal(s), the Council should consider one or more of the
following findings, in accordance with Town Code section 29.20.300:
(1) Where there was error or abuse of discretion on the part of the Planning Commission;
or
(2) New information was submitted to the Council during the appeal process that was not
readily and reasonably available for submission to the Commission; or
(3) An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
C. Public Comments
Additional public comments were received by 11:00 a.m. today and are attached as
Attachment 40.
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
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 the 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
PAGES
MAYOR AND TOWN COUNCIL
SUBJECT: 300 MARCHMONT DRIVE/U -12- 002 /EIR -13 -001
March 17, 2015
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 the 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 the 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 the 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 Staff Report:
30. Public Comments received 11:01 a.m. January 13, 2015 to 11:00 a.m. February 12, 2015
Attachment received with the February 17, 2015 Desk Item:
31. Public Comments received 11:01 a.m. February 12, 2015 to 11:00 a.m. February 17, 2015
Attachments received with the March 17, 2015 Staff Report:
32. Average and Highest Daily Traffic Volumes — September 2014 to February 2015
33. Estimated Daily Traffic Volumes For 99 Additional Students
34. Conditional Use Permit Template
35. Topics for Conditions of Approval
36. Public Comments received 11:01 a.m. February 17, 2015 to 11:00 a.m. March 12, 2015
Attachment received with the March 17, 2015 Addendum:
37. Public Comments received 11:01 a.m. March 12, 2015 to 11:00 a.m. March 16, 2015
Attachment received with this Desk Item:
38. Hillbrook School Fall Semester 2014 Sensys Data
39. Hillbrook School Summer Session 2014 Sensys Data
40. Public Comments received 11:01 a.m. March 16, 2015 to 11:00 a.m. March 17, 2015
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