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Desk Item Attachment 38-40A A 0 a N m y V O N d N d E N U) LL LL O L U y Y O 0 7 O N O E U N C O � N N y � N C � N � oo °o � U � O y N N N O O N U 6 y > C is J m r a Q o 3 � L O O C ) N O Ui �p a 0 N O N O n J LL « O J J N X X w N N N N — N N N L O m o � � m v�o0 Yin m � 3 N > _ v Y c @ v a a a J � N a X rl w � w Q^) w m ,ti N O N O o N 0 :T o 00 y e-I N � N N J >O > = N m � LL m O1 m W � T a > v om a > W > d > > L > O O O N > O N O v > L � 4 N M > m 3 0 0 x 0 a x 3 u 0 = o 0 a 2 JO X S o ti a N O N m N N ti O N n N co A Y A N T C d H a 0 N O1 N N E d H LL a 0 N O\l N v 0 N n N W O O N T C W N O N Y O1 E w LL N T R c m H O. F a O E T 0 CL F a 0 E w z to N — -O �n N � d O J � w 7 Q 01 tD O � O n l0 m M cy N 0 :T o 00 y e-I N � N N J R � LL ti M O1 m W � l6 a > v om a O W > d > O 0 O O O N > 10 N N v > m v n N M > m 3 0 0 x 0 a x ° u xe o u > � 3 N 2- -O n v = o o J 0. � � X N w a h Vt O M � N O Q o n 0 :T o 00 y e-I N N N � R � LL m N oD f0 l6 a > N w a Q W > d > O O v > m v n L on 3 0 0 0 = 0 a Z JO 3L 3t o k OUCE MENT 3 8 This Page Intentionally Left Blank Hillbrook School Summer Session 2014 Sensys Data Key notes for the Summer Session 2014 data set: 1. The Summer session started on June 9, 2014 and ended on August 8, 2014. 2. Data set excludes weekend days and holidays. 3. Data set excludes two weekdays with incomplete data. Summer Session 2014 Sensys Data ATTACHMENT 3 9 Weekday Daily (2 -Way) Average 288 Highest 418 Lowest 122 # of Days 42 # Days above Average 24 Highest above Average 45% # Days above 440 0 ATTACHMENT 3 9 This Page Intentionally Left Blank Jennifer Savage From: Barbara Dodson <btdodson @aol.com> Sent: Monday, March 16, 2015 11:06 AM To: Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie Cc: Jennifer Savage; Laurel Prevetti; Joel Paulson; elliotlaw @mail.com; kim-vrijen@yahoo.com Subject: Staff Hillbrook CUP Template with Neighbors' fill -ins and Requests Attachments: Markup.Template- Neighbor +Conditions.3.16.15.docx Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: In an effort to clarify neighbors' requests for the new Hillbrook CUP, we have marked up the Staffs proposed template. Our marked -up version of the template is attached. We hope that you will find this material helpful. We look forward to a resolution of the Hillbrook issue. Sincerely, Barbara Dodson ATTACHMENT 4 0 March 16, 2015 Mayor Jensen and Members of the Town Council 130 E. Main Street Los Gatos, CA 95030 Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: In an effort to clarify neighbors' requests for the new Hillbrook CUP, we have marked up the Staff s proposed template. Here are the key items we hope you will approve: • School year: 814 daily traffic limit • School year: no enrollment increase, but if some increase is considered, no increase greater than 35 students (to a maximum enrollment of 350) • Summer: 275 daily traffic limit. • Summer: 100 enrollment limit • All third party use clearly prohibited Please note that our version of the template includes 3 conditions that staff did not include: Summer Traffic Limit, Times of Use, and Penalties for Non - Trip -Cap Violations. We hope you will include these conditions in the final Hillbrook CUP. CONDITIONS OF APPROVAL TEMPLATE Summary of Neighbors' Complete Staff Text with recommended changes in red Requests APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. Any changes or modifications shall be approved YES 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 YES 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 (A) grade YES educational institution/private school. With ancillary after school activities, after school care, and after school sports. 7:30 -6:00, ACADEMIC YEAR HOURS: Academic a. STUDENTS may be on campus Monday through Friday, (7:30) a.m, to (6:00) p.m., Year (mid - August —mid June). Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 7:30 -6:00, b. SCHOOL FACULTY may be on campus Monday through Friday, (7:30) a.m. to (6:00) Academic p.m., (mid- August —mid June). Grounds and facilities maintenance maybe on campus Monday through Friday, (7:30) a.m. to (6:00) p.m., (mid - August —mid June). Year c. SCHOOL MANAGEMENT STAFF. A maximum of 5 school management staff Maximum of may stay on campus after 6:00 p.m. up to (9:00) P.M., Monday through Friday, 5 after 6 PM (mid- August — mid June). d. EXTENDED HOURS: Up to (10) times per Academic year, hours (may) be 10 times extended past 6:00 p.m. up to (9:00) p.m. All cars must be off campus by 9:30 6:00 to 9:00 P.M. PM; cars off campus by 9:30 PM 9 AM -1 e. WEEKEND: Presence on the campus by faculty, management staff, and/or PM, maintenance is limited to (9:00) a.m. to (1:00) p.m. on Saturday and Sunday, (mid - Saturday August —mid June). Academic Year Maximum f. OTHER: No more than (5) n o n- m a n a g e m e n t school employees can be on of 5 after 6 the campus outside of these hours of operation. PM To 6 PM AFTER SCHOOL ACTIVITIES: Programs including but not limited to dance, Lego engineering, woodworking, Spanish, and drama for the school's students Academic are permitted, up to (6:00) p.m., Monday through Friday, (mid - August —mid .Tune). Year To 6 PM; AFTER SCHOOL SPORTS AND COMPETITIONS: Any sports, competitive or not, and Academic other competitions with at least one participating team from this approved school are Year permitted up to (6:00) p.m., Monday through Friday, (mid- August —mid June). These 3 times per competitions are permitted a maximum (3) days per week up to (2) days per week week; outdoors. 2 outdoors Up to 6 PM, AFTER SCHOOL CARE: Childcare for the school's students is permitted, up to (6:00) Academic p.m., Monday through Friday, (mid- August —mid June). Year Up to 3:30 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 PM approved school, 7:30 a.m. to 3:30 p.m. (vehicles off campus by 4:00 p.m.), Saturday. 2 Saturdays These tournaments may occur up to (2) Saturdays per Academic Year. 10 EVENING/NIGHTTIME AND ALEEKEND EVENTS: Evening/nighttime events are Academic events that occur between 6:00 p.m. and 9:00 p.m. Evening/nighttime events are permitted up to 10 times per Academic year mid- August —mid .tune. These events must Year; be listed by August 1" on a publicly accessible online School Calendar. 2. Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 7:30 AM — OPEN HOUSE: One weekend Open House per calendar year, 7:30 a.m. to 3:30 p.m. 3:30 PM, (vehicles off campus by 4:00 p.m.), Saturday and Sufiday. Saturday only DELIVERY HOURS: Deliveries shall only occur between (7:30) a.m. and (5:00) p.m., 7:30 -AM -5 Monday through Friday. PM mid -June to SUMMER SESSION: A summer program is permitted between (mid -June) and (mid - mid- August, August) for (6) contiguous weeks. Summer hours are limited to (8:30) a.m. to (12:30) 6 weeks, p.m., (Monday - Friday). 8:30 -12:30 7:30 AM -6 PROFESSIONAL DEVELOPMENT /CONFERENCES: Training for the parents of PM enrolled students and the school's faculty only (is) permitted (7:30) a.m. to (6:00) p.m., unless designated as a nighttime exception, (Monday- Friday), (mid - August —mid June). Monday- Friday, No other conferences are permitted. Academic Year THIRD PARTY USE /RENTAL/LEASE: Third party use (is not) allowed. Hillbrook School may provide educational programs for its Academic Year enrolled students, parents Definition of students or staff by contracting with a third -party instructor to provide services- for the different than programs and providing that all enrollment in any such program is counted in Hillbrook's Staffs enrollment cap and any fees for participation in such programs are paid directly to Hillbrook School. ADDITIONAL ACTIVITIES: Any activity that is not expressly identified in this YES Permit is prohibited. NUMBER OF STUDENTS: The maximum number of enrolled students during the Academic Year shall be limited to (315) in year 2016 -2017. The Applicant may apply for a maximum total increase of 35 students, after it has demonstrated compliance with all the conditions in Academic this Conditional Use Permit for one year. No enrollment increase may occur before Year total September 2017. If approved by the Planning Commission, after notice and a hearing, increase of 35 Hillbrook may enroll up to (333) in year 2017 -2018, and (350) in year 2018 -2019 and students, each year thereafter. Under no circumstances may Hillbrook enrollment exceed 350 maximum students. enrollment 350 The maximum number of enrolled students shall be limited to (100) during the summer session. The school shall post total enrollment on their publicly accessible website. The 100 summer total enrollment shall the enrollment numbers provided in the affidavit submitted to the students 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) months from the date of this approval, the Planning Commission shall review the school's compliance with this approval. The 6 months Planning Commission may consider whether there is merit to increase the number of students from 315 based on compliance with all condition(s) in this Permit. This review shall be completed at the applicant's expense. Academic NUMBER OF DAILY VEHICLE TRIPS: The daily total number of vehicle trips year: entering and exiting the campus mid-August —mid June shall not exceed (814) 3. Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 814 max. trips pursuant to the following: a. Evaluation shall include all days exeept e • .Jays when n sel;eel , aeti .:ties are 10 exception hekl,. days with b. The school (may) designate (10) days per year mid - August —mid June to remove maximum trip from the maximum calculation, consistent with this Conditional Use Permit. These cap of 960 days must be identified on a publicly accessible online School Calendar by August 1". the ,...aximem trip ealeulation Days in which the 814 cap is exceeded with Nighttime activities shall be included in the count of 10 Exception/Special Event Days. d. roer)dap.,(desinate&randein)i be :.....eyed .f-em --No- more -then per fnefAh may the maximum eale..lation On the up to 10 Exception/Special Event Days, the total number of vehicle trips entering and exiting the campus shall not exceed 960. Summer: 275 e. SUMMER TRAFFIC LIMIT. The daily total number of daily vehicle trips entering max. daily and exiting the campus mid -June- mid - August shall not exceed (275). vehicle trips 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 YES 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, including, Robin Way, Hilow Rd, lower Marchmont, Topping, Cardinal, Stonybrook Rd, and upper Marchmont and its adjacent courts. The school is solely responsible for enforcement of and compliance with a Mandatory Traffic Demand Management Plan. TRAFFIC COUNT MONITORING: At the applicant's expense an electronic, underground counter shall be installed at the Hillbrook gate that transmits to a third party Add counter vehicle counts for both entering and exiting traffic. for entering The school shall monitor its compliance using the embedded counters and by installing traffic tube counters to count vehicles entering and exiting as a backup. The data from the counters will be used to determine whether the school has complied with the traffic requirements. Counts shall be posted in real time on the third party's website and accessible to the public. Monthly The Town staff shall review the trip count data to determine compliance with the Maximum compliance Number of Daily Vehicle Trips at the end of every month. checks. Any day for which there is not complete data shall be counted as a day of violation. All days must be counted. Trip monitoring is required for the duration of this Conditional Use Permit. BUS STOPS: The school may continue to use bus stop locations negotiated with YES 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. 9 Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 5. YES PARKING: All parking shall be accommodated onsite. PICK -UP AND DROP -OFF AREA: The pick -up and drop -off area must be maintained with YES five (5) lanes within the Hillbrook gate. EMERGENCYACCESS ROAD: At the applicant's expense, a focused study shall be conducted regarding the potential use of the Ann Arbor gate for pedestrian, bike, Focused and car access. The emergency access road to Ann Arbor Drive (shall not) be opened study of up at any time to public or school use, except after the completion of the focused Ann or study 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 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 See and noise issues, except that amplified noise (may) exceed noise limitations a Longmeado maximum of (number) times a year if necessary for adequate and effective conduct for w letter. the event. ONGOING COMPLIANCE REVIEW: The Planning Commission shall review the school's operation for compliance with this Conditional Use Permit (6) months after Biannual for this approval. If, at the (six) -month review, the Planning Commission finds that the the first school complies with this approval, (yearly /twice - yearly) compliance review shall be year, annual required. If, at any review, the Planning Commission finds that the school is in thereafter 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. First PENALTIES FOR EXCEEDANCES OF THE MAXIMUM DAILY violation: TRIP CAP: $1,000 /day, a. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals $100 /car that the number of trips exceeds the (maximum) daily trip cap, the applicant shall pay a penalty of $(1,000 per day the cap is violated and $100) per excess trip. Second violation: b. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals $5,000 /day; that the number of trips exceeds the (maximum) daily trip cap for a second $200 /car consecutive month in that Academic Year, the applicant shall pay a penalty of $(5,000 per day the cap is violated and $200) per excess trip. Third c. If the Town's Traffic Consultant's review of the trip cap monitoring reports reveals violation: that the number of trips exceeds the (maximum) daily trip cap for a third month in that $10,000 /day, Academic Year„ the applicant shall pay a penalty of $(10,000 per day the cap is $1,000 car; violated and $1,000 per excess trip and the following Academic Year's maximum enrollment enrolhnent shall be reduced by (10) students. reduced by 10 students d. If the Town's Traffic Consultant's review of the trip cap numbers reveals that the Fourth number of daily trips exceeds the maximum daily trip cap for a fourth month, and violation: in any month thereafter during that Academic Year, Hillbrook shall pay a penalty of $10,000 /day, $10,000.00 per day the cap is violated and $1,000 per excess trip. $1,000 /car 5. Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 9 e. 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). YES 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. YES 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 YES 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 NO 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). YES 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. 9 Neighbors' Conditions in The Form of the Staff Proposed Template 3 -14 -15 Sincerely, Patricia Elliot, Kim Vrijen, and Barbara Dodson 7. BUILDING FOOTPRINTS: The footprints of the future buildings may be YES 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. I 15 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 YES by a third parry 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. ADDED TIMES OF USE. The Hillbrook campus shall be in use only during regularly scheduled school CONDITIO days and for six weeks during the summer. N PENALTIES FOR NON -TRIP -CAP VIOLATIONS: a. In the event that Hillbrook exceeds its enrollment limit for the school year or the summer session, Hillbrook shall pay a $58,000 penalty or twice the cost of tuition for that school year, whichever is greater, to the Town of Los Gatos for each extra student or child enrolled. ADDED CONDITIO b. In the event that Hillbrook exceeds its nighttime school year cap of 10 nighttime N activities, Hillbrook shall pay a $5,000 (five thousand dollars) penalty per violation to the Town of Los Gatos for each violation. All other violations shall carry a fine of $5,000 (five thousand dollars) per violation per day. Sincerely, Patricia Elliot, Kim Vrijen, and Barbara Dodson 7. March 15, 2015 Members of the Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 RECEIVED MAR 16 2015 TOWN OF LOS GATOS PLANNING DIVISION Ann Arbor - Wollin Way Neighborhood Comments on Hillbrook School's CUP Dear Mayor Jensen and Members of the Town Council, I write to you on behalf of 34+ families in the Ann Arbor, Wollin Way,& Shannon neighborhood to express our concerns in advance of the upcoming Town Council meeting. We are deeply concerned with the deliberations at the last meeting and the Staff Report for the upcoming meeting regarding the suggestion to study opening the Ann Arbor emergency access gate for pedestrian and /or vehicle traffic. The new traffic data released by Hillbrook clearly shows a further improvement in traffic conditions for our Marchmont neighbors and an even less need to study alternatives. Hillbrook has consistently stated, and reiterated in Mark Silver's March 13 LG Weekly letter "Our goal all along was to create conditions where the school could add students without negatively impacting the neighborhood." They've stated in public and private meetings that they have no intention of opening the Ann Arbor gate except for its current use as an emergency access, as anything else would clearly negatively impact our neighborhood. We ask the Town Council to keep the current Emergency Access Road condition in the CUP exactly the same as it has been, to have the road used solely as an Emergency Access. There is no reason to add additional language to the CUP stating that "an environmental study, Planning Commission and public hearings would be required to change the use of the Ann Arbor gate ". This is a fact that is well understood by all. Adding this language would have no positive impact on the current situation, but it would have a significant negative impact on our neighborhood. It would stigmatize our homes, resulting in an immediate drop in property values. We'd be forced to disclose this language in the event we decide to sell our homes. Hillbrook, the applicant, is not requesting any change to the Ann Arbor emergency access, and if it decided to in the future, is aware of the requirements for additional study & hearings. The language is not required and would only do harm. We ask the Town Council to protect our neighborhood too. Keep the condition as -is. It would be incredibly unfair if the Town Council were to move in the direction of a Win - Win -Lose decision: • WIN - Hillbrook would get growth • WIN - Marchmont would get dramatically improved traffic conditions, transparency, enforceability, penalties, improved summer conditions, restrictions on after -hour activities, etc (all of which we support!) • LOSE — Ann Arbor would be the sole loser by getting a significant decrease to our quality of life, a decrease in our home values, among other negative consequences, and cloud our disclosure requirement, clearly negatively impact us If you decide to grant Hillbrook its WIN, growth, please make this a WIN for our Marchmont neighbors by adding in the conditions you are deliberating regarding transparency, penalties, regular reviews, the appropriate traffic counts, etc, but also make this a NO LOSE for our neighborhood, do not change the Ann Arbor emergency access condition. HISTORY OF OUR POSITION From the beginning, our neighborhood has been united around 3 points: • We are concerned about growth at Hillbrook, and initially opposed it's CUP application to expand. In August 2012, we filed a letter with the Town expressing our concern and opposition. • Hillbrook needs to take strong, enforceable measures to improve traffic and safety for our Marchmont neighbors and all Los Gatos residents, • We strongly believe that shifting a traffic problem to our neighborhood by opening the Ann Arbor emergency access gate is unfair, against the Town Code, illegal, and does not provide true traffic mitigation for our community as a whole. Over the past several years, our neighbors have participated in every public meeting regarding Hillbrook's proposed expansion and we have met many times with Hillbrook representatives, Town Staff, Town Council members and our Marchmont neighbors. During those meetings, we consistently expressed our views as stated above. During this time, we observed that Hillbrook has proactively implemented mitigation measures that have dramatically improved traffic for our Marchmont neighbors. Traffic counts have reduced from 1,400 cars /day to the current CUP proposal of 880. Even most of our Marchmont neighbors agree that traffic has improved significantly. In addition, the currently proposed CUP includes transparency, enforceability and penalties, all important conditions for all Hillbrook neighbors. Since the beginning, Hillbrook has stated that its goal is to not create a significant impact for ANY neighborhood. They are not proposing to impact our neighborhood, it would not be right for the Town to force them to take steps to negatively impact our neighborhood. Neither the Draft nor Final EIR studied the impact of potential vehicle or pedestrian access through the Ann Arbor emergency gate as the experts that prepared the studies concluded that the Marchmont neighborhood could support the then proposed 960 average traffic without any significant impact. In light of the significantly better traffic counts recently released by Hillbrook, there is no reason to spend resources and delay the process further by proposing to commission any extension to the EIR to study the impact of potential uses of the Ann Arbor gate. In fact, our neighborhood did commission a third party traffic study by experts, Hexagon Transportation, to consider the impacts of pedestrian -only traffic. They concluded that the resulting vehicle traffic would create a significant negative impact to our neighborhood. There was a suggestion made that if the emergency access gate were to be opened for pedestrian traffic, a condition could be put into the CUP to prohibit'drop - offs'. However, it would not be enforceable as it is not possible to prohibit cars on a public street, so it is inevitable there would be vehicle traffic as our traffic study concluded. We urge the Town Council to not spend the resources or delay this process any further and to not either force Hillbrook, either directly or indirectly, to study or propose to use the Ann Arbor emergency access for anything other than the current emergency access use. REASONS NOT TO CHANGE EMERGENCY ACCESS CONDITION In addition to the new information that shows an even better improvement in Hillbrook traffic, we would like to re- iterate the reasons why the Town Council should not consider changing the Ann Arbor emergency access condition. 1. It is illegal, due to the 1 foot strip reservation As stated in previous communications, there is a 1 foot strip dedicated to the Town of Los Gatos across the emergency access gate. The intent of the dedication of the 1 foot strip was to restrict access from public use and only allow access if a subdivision were to be built on the Hillbrook property and a road were to be built to extend Ann Arbor drive. Please find attached an updated letter from our attorney, the Silicon Valley Law Group, that outlines our legal position. 2. It is environmentally infeasible —even if the emergency gate were opened solely for pedestrian access, it would have a significant impact on traffic, safety & quality of life in our neighborhood As communicated in my letter dated January 10, 2015, even if the emergency gate were to be opened for solely for pedestrian access, it would inevitably add vehicle traffic that would have a significant impact on traffic, safety and the quality of life in our neighborhood. As previously stated, even though a condition could be written into a CUP, there is no way to definitely restrict Hillbrook parents from driving down our streets, as they are public streets. We have confirmed this with the Los Gatos Police Department. Our study by Hexagon Traffic Consultants concludes that there would be significant impacts from Average Daily Traffic increases that would be "off the charts" of most TIRE index tables. A copy of that study is included for reference (it is identical to the exhibit in my previous letter) If the emergency gate were to also be open for vehicle traffic of any type, it would without question, have a significant negative impact on traffic, safety and the quality of life in our neighborhood, a new traffic study would not be required to prove that. 3. It's against policies in the Town's General Plan to shift a traffic problem from one neighborhood to another and it would set a bad precedent Many policies within the General Plan are aimed at preserving the beauty, integrity, and quality of life of our precious neighborhoods. Specifically, Policy TRA -5.2 below, regarding traffic, sets the policy of not 'diverting traffic to other neighborhood streets'. Policy TRA -5.2 Inhibit the flow of through traffic in established neighborhoods to the extent feasible, without impacting the freedom of movement of residents or diverting traffic to other neighborhood streets. Opening the Emergency Access gate on Ann Arbor would have a devastating impact on our neighborhood, creating an exponential increase in traffic and significant safety issues. There's no benefit to the Los Gatos community as a whole to shift a traffic problem from one neighborhood to another, and it would be a bad precedent to set that could impact other Los Gatos neighborhoods in the future. We understand that the Town Council considers the General Plan our 'constitution' when making critical decisions and has a history of solving difficult traffic issues and not moving them from one neighborhood to another. We urge the Council to continue in this spirit and take the divisive issue of our neighbors' proposal to shift traffic to our neighborhood off of the table. 4. Opening the Emergency Gate for pedestrian access would have no impact and be a huge safety issue for children The Final EIR analyzed the locations of Hillbrook families within walking distance of the school and round that only 4 out of 26 families would have closer access through the Ann Arbor gate, while 22 are closer to Marchmont. It also conclude is would be far less safe to have children walking across Shannon Rd to get to the Ann Arbor gate. A more detailed description, including maps of the area are included in my January 10th letter. In summary, it would have no impact in removing cars from the Marchmont neighborhood if the gate were opened for pedestrian access. 5. Ann Arbor - Wollin- Shannon -Short has SIGNIFICANTLY Higher traffic & safety issues than Marchmont, making it much more dangerous The Shannon -Short corridor has traffic exceeding 6,000 cars /day and traffic is at it's highest and most dangerous point during school drop -off & pick -up times, due to heavy commuter traffic and the fact that it feeds into 5 schools in the immediate area (Blossom Hill, Fisher, Van Meter, Shir Haddash & Hillbrook). As stated in my January 10 letter, according to the Los Gatos police, there were 42 reported accidents in the Shannon -Short area from 2009 to September 2014, including 6 DUIs, 6 hit & runs and 11 injury accidents. During the same period there were 0 accidents reported in the Marchmont area. Adding more traffic to this area or having children walk along Shannon road would be extremely dangerous for our children, please do not consider this. 6. Opening the Emergency Gate in Any Way would decrease the values of our homes and significantly impact our quality of life We purchased our homes because it was a quiet neighborhood with a cul -de -sac and dead -end. We researched the situation with the gate and were assured by the Town that the gate was only for emergency access. It's inevitable that if the gates were opened, even for pedestrian & bike traffic only, it would materially reduce the value of our homes. Potential buyers would know that it would be inevitable that there'd be significant vehicle traffic as it would be likely that the gate would be used as a drop -off point. On the other hand, our Marchmont neighbors purchased their homes knowing that their street was the single entrance and exit to Hillbrook School. C] 7. It would burden a 2nd neighborhood and would perpetuate the animosity and mistrust between neighbors and Hillbrook We understand there are deep trust issues between our neighbors and Hillbrook that hopefully can be repaired over time. Our neighborhood has lived first -hand with the hostility that has been generated over the years, pitting not only Marchmont against Hillbrook, but Marchmont against our neighborhood. It is all but certain that if the Ann Arbor gate were to be opened, there would be many issues that jeopardize the safety and quality of life of our children. It would also increase the tensions between the neighborhoods themselves and now 2 neighborhoods and the School. SUMMARY If you do agree to allow Hillbrook to grow, the right thing to do is to make this WIN - WIN -NO LOSE. Put in place clear enforceable, transparent conditions to improve the situation for our Marchmont neighbors. Keep the Ann Arbor emergency access condition as it is. In addition to all of the practical reasons not to consider opening or studying the impact of opening the gate, it would be illegal. In summary, we ask our Town Council to protect our neighborhood too! We deserve to have a No -Lose as part of resolution of this issue. We deeply appreciate your thoughtfulness as you work to solve this issue by focusing on measures that remove cars from Los Gatos streets and put appropriate enforcement measures in place to protect all Hillbrook neighbors. Thank you again for your service to our great Los Gatos community. David DeMaria, on behalf of 34+ families in the Ann Arbor/Wollin Way /Shannon neighborhood 131 Ann Arbor Drive Los Gatos ATTACHMENT 1 Updated Silicon Valley Law Group Letter on 1 foot strip reservation A LAW CORPORATION March 11, 2015 Ms. Laurel Prevetti 'town of Los Gatos Community Development Department 110 E. Main Street Los Gatos, CA 9530 GROUP RE: Hillbrook School CUP — Ann Arbor Access is Legally Infeasible Dear Ms. Prevetti, On behalf of the Ann Arbor - Wollin Way Neighborhood Association ( "Neighborhood Association') I am submitting this letter in follow -up to my correspondence to Ms. Jennifer Savage dated March 19, 2014. As stated in my previous letter, there are legal reasons which make any access through Ann Arbor Drive infeasible. There exists across the emergency gate the reservation of a 1 foot strip dedicated to the Town of Los Gatos as documented in the Owner's Certificate on Tract Map No. 5333. The intent of the dedication of the I fool strip to the Town of Los Gatos was to restrict access from public use. The dedication of the strip to the Town was to provide the Town with the right to extend the Ann Arbor Drive as a public road, should the lands be sold to create another subdivision. This intent is confirmed by the Town's own documentation and staff as shown in the excerpt below from the Staff Report to the Planning Commission dated September 30, 2014. Commission Staff Report - Page 6 30, 2014 One faint easement at the end of 1he 6 0 ArborJh ve_gu-b:. Stub' researched the issue of the Ann Arbor Gale and the one -fool dedication to the Town during the approval of Traet 5331. The Towm approval it,, Subdivision for Trari 5333 in 1972. The original Tentative Map submitted by Bourdon Construction Company (the property owner) provided for a possible t. I t treet eoontction where the Ann Arbor gate is eurrenth loretcd. During review of the Subdivision application, the County of Unit Clam Fire Protection District, Town Planning Department, Town Public works Department, Tom Architeetural Cormniaee, and Planning Commission agreed to explore eating additional access to Hillbmol, Sch,nml hp' obtaining nyht- of -wav o¢e the mcorpom4� twits beiwecn El Dorado Place (Arm Arbor DO and Bounic Lauc what the rccm Innd -i deyvloped. lhv land at Ib455 and I05Q0 Honnic Lent and I(W,' Peacock Lane remained unchanged and, thereforu. the potential right -of -way wee nc�cr ertabliahed pr cvnsuvsled. 50 W. San Fernando Street Suite 7S0 San lose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com Laurel Prevetti March 11, 2015 Page 2 The text highlighted in yellow clearly shows the intent was for a "possible future street connection." This is further substantiated by the text highlighted in green which shows that an additional access to Hillbrook School was to be explored onto Bonnie Lane or Peacock Lane. Together, these 2 fduW bliuw ilia( the intent of tliu l rout strip was to restrict access through the Ann Arbor gate fmm public use. For reference, below is a map from the GIS on the Town of Los Gatos website which shows the potential additional access to Iillbrook School through the properties on Bonnie wid Peacock Lanes. * --/ ti Or 16 7 .. 103.. 63 11. 1641; Lr 1 16412 'o; tz • f: �6gXJ 164 111 IW36 (� 16428 r }t5 l6 8 -: 450 " z ... 723 � �z 16466 16433; 12r W© o` laded -o ' ta570 165(10 To. \' Hillbrook Given the presence of Hillbrook School, and the intent of reservation of the 1 foot strip to restrict access from public use, it would be illegal to use the emergency gate as an additional access point for the school since that is beyond the terms of the dedication. The Toxin of Los Gatos is bound to honor the terms of the dedication. See for example, Big Sur Properties v. Mott, (1976) 62 Cal. App. 3d 99, where a tract of land was donated to a city with a restriction upon its use, the city cannot legally divert the use of such property to purposes inconsistent with the terns of the grant. See also, Save the Welivood Murray Memorial Lihrag Corn. V City Laurel Prevetti March 11, 2015 Page 3 Council, (1989) 215 Cal. App. 3d 1003, opinion modified, (Dec, 1, 1989). These cases are consistent with the purpose of the Owner's Certificate on Final Maps as set forth in the Town of Los Gatos municipal Code at Sec. C12- 27(a), which is to limit the use. As a final point, I note that access through the Ann Arbor Drive emergency gate was not studied at all in the Draft or Final Ellis, as the EIR found "that the existing access, Marchmont Drive, has the capacity to carry additional traffic and is adequately sm vea the suhuul and ueighlivil uud truffle ". 'Therefore, there is no substantial evidence in the record that would support the Town Council deciding to provide any access, including pedestrian, through the Ann Arbor emergency gate. For the record, the Ann Arbor- Wollin Way Neighhorhnnd Assnciatinn nnmmiceinnrd RPYAgon Traffic Consultants to conduct a third party assessment of the impacts if the emergency gate were to be opened fur pedestrian access. Hexagon eunffiuded that under conservarlve scenarios, the Average Daily Traffic would double, resulting in an increase in traffic that is, quote "off the charts" of most TIRE index tables. A copy of that traffic analysis has been previously submitted to the Town Council. Furthermore, allowing access through the emergency gate would engender a host of significant traffic, noise, and safety issues. These serious environmental impacts in the urban environment would significantly impact the quality of life of the Aim Arbor and Wollin Way residents, making this option environmentally infeasible in addition to being legally infeasible. Please do not hesitate to contact me if you have any questions or concerns regarding the issues raised in this letter. Vcry truly yours, SILICON VALLEY LAW GROUP i e wson cc: Jeff Barnett ATTACHMENT 2 Hexagon Traffic Consultants Study (SAME AS JANUARY 10, 2015 LETTER) 10 �� u NIXAM TRANSPORTATION CONSULTANTS, IN(. October 17, 2014 Mr. Jeffrey A. Barnett, Esq. 101 Metro Drive. Suite 250 San Jose, CA 95110 Re: TIRE Index for Ann Arbor Drive and Wollin Way Neighborhood Dear Mr. Barrett- Hexagon Transportation Consultants, Inc. has completed its assessment of the existing TIRE Index for the Los Gatos neighborhood that includes Ann Arbor Drive, Ann Arbor Court, and Wollin Way (referred to herein as the `Ann Arbor neighborhood°). This residential neighborhood consists of 22 single - family homes. Access to the neighborhood is provided from Shannon Road at two locations: at Ann Arbor Drive and at Wollin Way. We understand that your request for the existing TIRE index of roadways within the Ann Arbor neighborhood is related to the proposed expansion of Hitlbrook School and the suggestion of some residents on Marchmont Drive that an emergency access gate on Ann Arbor Drive be opened to pemit regular pedestrian or vehicuar access_ If that gate were opened; more vehicles would enter the neighborhood, either to drop off and pick up students who would than walk along the existing service road to and from} the school (if pedestrian access were permitted) or to drive to or from the school on the service road (d vehicular access were permitted). The TIRE Index. which stands for Traffic Infusion on Residential Environments, is a tool for measuring the effects of increases in traffic on neighborhoods. Whereas nnost othertraffic analysis methods are based on peak -hour traffic conditions: the TIRE index is based on daily traffic conditions. It uses Average Daily Traffic (ADT) volumes to determine the amount of daily traffic that could be added to a roadway before residents would peroeive the increase in traffic. The amount of daily traffic that can be added before residents would notice the increase is directly correlated to the amount of daily traffic already present on the street. According to this methodology, an increase in the TIRE index of 0.1 or more is noticeable to residents living on the street. An increase in index of 0.1 corresponds to an approximate increase in ADT of between 20 and 30 percent The first step in determining the Ann Arbor neighborhood's TIRE index is to estimate its current ADT. Since the neighborhood does not include any through streets, the only traffic is generated by the 22 homes located there. The Institute of Traffic Engineers' Trip Generation Manual. V Edition provides a daily trip generation rate for single - fatuity detached housing of 9.52 per dwelling unit Thus, we estimate that a neighborhood of 22 hones with no through streets would generate approximately X79 trips on an average weekday. It is estimated that at least 80% of the vehicles entering and exiting the neghbortwod use Ann Arbor Drive, and only about 20% or less use Wollin Way. This is because virtually all of the likely destinations for the neighborhood's residents would be approached by traveling westbound on Shannon Road, and Ann Arbor Drive provides more convenient access to westbound Shannon Road. A driver exiting the neighborhood on Wollin Way would go through two stop - controlled intersections (at Woll in and at Ann Arbor) rather than just one. 111 w. 51. John sh"t. Su loo 11.60 , s>n lust, 01100na2 9S 113 • pl one 408.471.6100, ii. 408971.6102 • www.hcAv ans.co n 11 pr1 Mr. Jeffrey Barnett October 17, 2014 `- Page 2 of 3 Using the ADT estimate of 209 trips for the entire neighborhood, the ADT on the roadway segment of Ann Arbor Drive between Ann Arbor Court and Shannon Road would be approximately 167 vehicles per weekday. This corresponds to a TIRE index of 22 The minimum daily increase in volume that would result in a noticeable change (a 0.1 change in the index) would be 40 additional trips per day. The estimated ADT on the roadway segment of Wollin Way between Ann Arbor Drive and Shannon Road is 42 vehicles per day. Tics corresponds to a TIRE index of 1.6. The minimum daily increase in volume that would result in a noticeable change (a 0.1 change in the index) would be 6 additional trips per day. If the gate on Ann Arbor Drive were opened to pedestrian access, one parent entering and leaving the neighborhood to drop off student(s) in the morning and then entering and leaving the neighborhood again to pick them up in the afternoon would create four trips. Thus, 10 vehicles entering and leaving the neighborhood on Ann Arbor Drive in both the naming and afternoon would resuuff in 40 trips, which Would be sufficient to increase the TIRE index for that street by 0.1. Sinrlady, just two vehicles using Wollin Way to bath drop off and pick up students at the gate would generate eight trips, which would result in a 0.1 increase in the TIRE index of that street The current enrollment at H llbrock School is 315 students, and the school's proposal is to increase enrollment to 414 students_ If the gate on Ann Arbor Drive were opened to pedestrian access, it is reasonable to assume that a significant number of parents would begin to utilize this location for dropping off and picking up students because it would be more convenient than the Marchmont Drive access point for many fanttlies. Especially for families that lice east of the school and approach it from westbound Shannon Road, the opportunity to utilize the Ann Arbor neighborhood as a drop -off pant would provide a much shorter route than driving to the Marchmont Drive entrance. If even 52 drivers (which would represent 12-6% of the proposed new enrollment) drove through the Ann Arbor neighborhood in the morning and afientoon to drop off and pick up students at the gate, the ADT in the neighbor tood would actually double – an increase that is literally `off the charts' of most TIRE index tables. In Hexagon's opinion, given the inconvenience of driving through the residential neighborhood to approach HrIlbrook School from Niarchm ft Drive, a 100% increase in traffic (or more) in the Arm Arbor neighborhood if the gate were opened to regular pedestrian use does not seem unlikely_ At the request of the Ann Arbor– Wollin Way Neigh'bortfood Association, Hexagon previousty reviewed the same proposal to open the Ann Arbor Drive emergency access gate in order to provide access to Hiilbrook School. Hexagon raised the following concerns with this proposal in its letter report dated 81712012: Student and Staff Safety. The Ann Arbor Drive gate is on the opposite side of the school from the Marchnont Drive entrance. Therefore, vehicles would need to drive through the entire length of the school if they were to enter from Marchmont Drive and exit to Ann Arbor Drive. There is a service road through the campus, but this is not open to the public. The service road also serves as the path for students and staff to walk to different buildings on the campus_ It would not be prudent to mix vehicles and pedestrians on the service mad. For score parts of the campus, there is no altemative pedestrian path other than the service read. Use of the Ann Arbor Drive gate for student drop -off also would raise safety concerns 12 r7 Mr. Jeffrey Barnett October 17, 2014 `! Page 3 of 3 because there is no space for vehicles to turn around at the end of Ann Armor Drive. Vehicles would need to make a three -point turn using someone's driveway. + Transferring the Problem. If the gate to Ann Arbor Drive were opened to provide a regular vehicular exit from the school or to provide pedestrian access, there would be a substantial incre se in traffic volume on Ann Arbor Drive, and potentially W'ollin Way, compared to existirvg conditions. There still would remain a substantial amount of school traffic on Marchmont Drive. Thus; there would be two neighborhoods affected Icy school traffic instead of one. Opening an exit to Ann Arbor Drive would not solve the school traffic problem but would merely move it to a different location. Allowing school traffic to use Ann Arbor Drive would be inconsistent with Los Gatos General Plan Policy TRA -5.2 that states "Inhibit the flour of through traffic in established neighborhoods to the extent feasible, without impacting the freedom of movement of residents or divertrg traffic to outer neighborhood streets." • Better Solution. A better solution to the impact of school traffic on neighborhood streets is to provide a shuttle bus system. Hillbrook School could make arrangements with a nearby church or commercial center to allow use of its parking lot for a remote student drop -off and pick -up location. Then the school could run shuttle buses to bring the students to the campus. There could be staggered start and end times for different grades at the school to make the most efficient use of the buses. Each of the concerns raised in our 2012 report remains valid today. The TIRE Index calculations provided in this report represents further substantiation of the Transferring the Problem" Issue by quantifying the existing traffic condtions within the neighborhood and the potentiai for increased traffic volumes far beyond the minimum level that would be noticeable to residents. In light of Los Gatos General Plan Policy TRA -5.2, this data provides important context for assessing the results of diverting traffic from the ML3rchmon2 neighborhood to the Ann Arbor neighborhood if the gate were opened. We appreciate this opportunity to submit this report. Please do not hesitate to contact us if additional information is needed. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. �4 #J,-- Gary Black. President 091 This Page Intentionally Left Blank Jennifer Savage From: Barbara Dodson <btdodson @aol.com> Sent: Monday, March 16, 2015 1:47 PM To: Marcia Jensen; BSpector, Steven Leonardis; Marico Sayoc; Rob Rennie Cc: Jennifer Savage; Laurel Prevetti; Joel Paulson Subject: More Data Supporting an 814 Daily Traffic Cap Attachments: MoreSupport4.814.docx Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: The attached, very brief letter points to more data that supports an 814 daily traffic limit for Hillbrook and provides numbers showing why the 20 exclusion days Hillbrook is requesting would be excessive. Thank you all for your very hard work on the Hillbrook issue. Sincerely, Barbara Dodson March 16, 2015 Mayor Jensen and Members of the Town Council 130 E. Main Street Los Gatos, CA 95030 SUBJECT: (1) FURTHER SUPPORT FOR AN 814 DAILY TRAFFIC MAXIMUM; (2) EXCLUSION DAYS Dear Mayor Jensen, Vice Mayor Spector, and Council Members Leonardis, Sayoc, and Rennie: FURTHER SUPPORT FOR AN 814 DAILY TRAFFIC MAXIMUM I'd like to draw your attention to one of the many documents included in your packet. This is Hillbrook's most recent Transportation Report, dated February 2015. This report states that Hillbrook's total daily traffic for all 315 students is 322 daily trips.* m 1 t# ©� �V iV rove i om.s ! w rw--kq" " • ........,. i o.in rvr M �I wifw.mt..rrn.�einrrpW NEWS p�u�1W N�� �Nr.�iM1.T'naol.dra�w ew..u..i .w �im [.� u�4wm ^,�nne ✓saint nn.gA�u'�j..lep�..� \. �.e W �ia..[inna gAerAapiJ„.M W.M1r.nr n YYVmII u• i.xKn.m:.•A� IaAw[.wuynbiK�oa!o.IM.a. 4+ *aeon �MMMM'� ..dvd wlv.v ��.Www.r.a Wray Mein ..d.nn. enw!b n nraN.ensvepp[ mmm.[. u.p6 _____ sme f. n.e..n.n ®M , 4W PNs Gt airtau... Tnwa:•^ ..rwnw7•i.�w ^•wes..aai• ^ ^nrnuYi • iwinv a bsa..wr..n�w.pmv __ wa =vbAielW bni.+W kmnar _M Necn�v.i fa.n.MMr.pinro� )Alp. rtzw ynnpueW.. „ems. r,nmtr.vrv. ehtr.nn p �Y„':amy Wpaa i[rvwsrv.Wnw�✓svmx �p� Fatr4..n� Mxpm[ iayv. W a. nnwi' u. tr x�.Ym n.. pt pros n. _ M ma NEWS �MMMM'� ®M _�� ©1M®EM _M ®©1m0= ®-©1®-© If you add trips for employees -86 x 2 —you reach 494 daily trips. If you then add 50 visitors /trucks x 2, you get 594 daily trips. This is well below the 814 daily traffic cap Neighbors are requesting. It is also within the amount of traffic neighborhood scenarios have pointed to. Along with the data showing Hillbrook's traffic for the 9 months between June 2014 and February 2015, this is just one more piece of evidence showing that Hillbrook is perfectly capable of keeping its traffic well below an 814 maximum. Unless Hillbrook can limit its traffic to 814 or below, an enrollment increase should not be considered. Hillbrook promised all along that the enrollment increase would come with no traffic increase. Now that Hillbrook traffic is at an acceptable level for the neighborhood, please do not allow an increase in traffic beyond an 814 daily traffic limit. EXCLUSION DAYS In a March 11, 2015 letter to Council, Mark Silver and Chuck Hammers ask for 10 exclusion days per semester for a total of 20 per school year. Please do not grant this request. Hillbrook's school year is roughly 166 days, so a semester is roughly 83 days. With a 10 -day -per- semester exclusion rate, 1 out of every 8 days would be an exclusion day with unlimited traffic. This is excessive. Please limit exclusion days to a total of 10 per school year with all days with traffic above the daily maximum counting as exclusion days. The limit of 10 gives the neighborhood a much more reasonable rate of exclusion days -1 out of every 16 -17 school days. We ask that traffic on these exclusion days be limited to 960 daily trips. Thank you again for the incredible time and effort you are putting into resolving the Hillbrook issue. Sincerely, Barbara Dodson *The math for student trips from the report is as follows: 72 exiting trips in the AM, 89 exiting trips in the PM multiplied by 2 = 322 total daily trips for the 315 students. Jennifer Savage From: Shannon Susick <ssusick @comcast.net> Sent: Tuesday, March 17, 2015 7:02 AM To: Marcia Jensen; BSpector, Steven Leonardis; Marico Sayoc; Rob Rennie; Jennifer Savage Cc: Laurel Prevetti; 'Shannon Susick' Subject: St. Patrick's Day Special Meeting Top of the Morning Mayor, Council & Staff; I would like to thank you personally for your efforts and time spent on the proposed Hillbrook School Expansion /CUP and in advance for your time tonight on this very important manner. While many will be celebrating all that is Irish tonight I intend with others from across our town, not just this neighborhood, to spend it with you in hopes that traffic caps will be imposed, summer peace restored and that the quality of life that Los Gatos residents not only expect but deserve will be foremost in your mind. As 1 have advocated in the past year, the issue at hand is not the happiness of a few living on one severely impacted street, but that of our whole town being adversely affected by the demands of a group of primarily non - residents that have consistently ignored the existing CUP in their non - conforming use in a residential neighborhood. That this school operates as a non -profit and provides no financial incentive to the town is another concern. The impact is evident in the use of town resources, complaints, increased traffic (until the current application was filed) and animosity between the various parties involved. The entire situation is a microcosm of the overall issues in Los Gatos and as previously noted affects the entire town. Each decision made by the Council impacts all future decisions and with so many developments under construction, approved and /or slated every single car from outside Los Gatos has a colossal influence just as every square foot of residential or commercial space does. Regardless of prior staff or council's dismissals of complaints or past behaviors or grievances, it is imperative that tonight (especially in light of traffic data disclosed) the Town and the Council do the right thing -for the Town, for the residents, for the neighbors and in keeping with our town code and general plan. Thank you so much, Shannon Susick (408) 316 -9559 SheppardKfiu in March 17, 2015 VIA ELECTRONIC MAIL ONLY Marcia Jensen, Mayor Members of the Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RE: Hillbrook School Appeal Dear Mayor Jensen and Members of the Town Council: Sheppard I Ulv, Richler & Hamplon Li P Fou, 6nharcadern Center. 17th Floor San Francisco. CA 94111 -4109 415 434.9100 main 4 15 434 3947 main 'ax vnvw -,hP.ppardmul].n com 415.774.3143 direct JRenk@sheppardmullin.com 41TH- 202492 FITT619m9 MAR 17 2015 TOWN OF LOS GATOS PLANNING DIVISION I am writing on behalf of the Hillbrook School ( "Hillbrook ") to address two specific conditions of approval discussed by the Town Council at the February 17th hearing —the "time gap" and penalties. Please consider the following for your deliberations tonight. The "Time Gap" The motion by Mayor Marcia Jensen that is reflected in the meeting minutes for the February 17th hearing provides that Hillbrook cannot add students until the Fall of 2016 – more than 1 %2 years from today – and, even then, only if Hillbrook can "prove compliance" with the CUP: "(f) The time gap allows there to be a six month review to prove compliance with the CUP and any increase in the number of students would be completely within the discretion of the deciding body after a public hearing." We disagree with this approach for the following two reasons. First, given that Hillbrook has now released extensive data showing that the school has effectively reduced and pre- mitigated traffic since 2012, there is no cause for further delay in granting the school's request for increased enrollment. The data submitted to the Town and summarized in the Nelson \Nygaard memorandum substantiates the success of Hillbrook's pilot Traffic Demand Management program, proving that the school can meet stringent traffic mitigation requirements. Therefore, we propose a condition which states the following: "Hillbrook may enroll a total of 99 new students up to a maximum of 414 total enrollment under the following schedule: (1) between the date of approval of this Sheppard elfin March 17, 2015 Page 2 CUP through the 2015 -2016 school year, Hillbrook may enroll 33 additional students; (2) for the 2016 -2017 school year, Hillbrook may enroll another 33 additional students; and (3) for the 2017 -2018 school year Hillbrook may enroll another 33 students. As of June 2018 and for the life of this CUP, Hillbrook's total enrollment may be 414 students." Second, as captured in the minutes, the provision feels too broad and vague. The provision fails to contemplate how Hillbrook would have to "prove compliance" and the notion that a deciding body would have full "discretion" erodes any promise of certainty or predictability relative to the expectations around the school's compliance. In fact, this ambiguity threatens Hillbrook's ability to ever add another student if, in the eyes of the Town or the neighbors, Hillbrook falls short of complying with one or all of the CUP provisions. This is neither fair, nor reasonable, especially when considering the issues beyond the school's control touched upon in the March 12th "hours of operation" letter. This approach proposes to actually penalize the school for any "failure" to comply — however defined —which puts the school in the tenuous position of constantly having to defend itself against a system that has been set up to see Hillbrook fail, rather than thrive. Therefore, given that repairing trust is a common goal for all parties, the school believes that the fair approach is to attach the future determinations for additional students to compliance with the daily vehicle trip cap, which allows the compliance with all other CUP conditions to be regulated and enforced through the Town's Code Compliance process, just like all other CUPs in the Town. 2. Penalties Barbara Dodson and Patti Elliot ( "Dodson /Elliot ") again request that the Town Council impose excessive and punitive penalties on Hillbrook for trip cap, enrollment and non - trip cap violations. We remind the Council that these suggested penalties demonstrate a complete lack of nexus between a "maximum" cap and impacts resulting from the school's proposal. Recall that Hillbrook's request for additional students has no impacts in the eyes of the law; therefore, the penalty system proposed by Dodson /Elliot is excessive, punitive, and threatens the fundamental viability of the school. Dodson /Elliot also misrepresent that their proposed penalty system mirrors Hillbrook's earlier penalty proposal. It does not. Put simply, the penalty system proposed by Dodson /Elliot violates the constitutional principles that require conditions to bear a "rough proportionality" to a project's adverse impacts. (See e.g. Nollan v. California Coastal Com'n (1987) 482 U.S. 825; Dolan v. City of Tigard (1994) 512 U.S. 374; Ehrlich v. City of Culver City (1996) 12 Cal.4th 854). Sheppard Mullin March 17, 2015 Page 3 Instead, we request that the Town Council adopt the more fair and reasonable approach advanced by Mayor Jensen in her February 171" motion, which applies to traffic conditions, not the entire universe of the CUP: "q) There will be a fine for whatever traffic condition is exceeded of $5,000 for any quarterly period (August- October) beginning with the academic year and then going around with a maximum penalty of up to $20,000 for any year, paid to the Town for use of traffic safety and other improvements in the immediate Hillbrook area." Thank you for your consideration. Sincerely, 'w Jennifer E. Renk for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SMRH:436747153.4 This Page Intentionally Left Blank