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4qpW. N U6 4Ye Cs ;G =A�p� COUNCIL AGENDA REPORT DATE: MARCH 12, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE, 03/18/2013 ITEM NO: SUBJECT: HILLBROOK SCHOOL PUBLIC DISCUSSION DISCUSS NEIGHBORHOOD CONCERNS AND STAFF INTERPRETATION OF HILLBROOK SCHOOL'S EXISTING CONDITIONAL USE PERMIT. RECOMMENDATION: Accept staff's interpretation of the existing Conditional Use Permit (CUP) and direct staff to continue working with the applicant to provide evidence that Hillbrook School programs and operations are consistent with the CUP. Alternatively, if Council does not concur with some or all of staff's interpretations, Council may direct staff to enforce the existing CUP in a different manner. BACKGROUND: During verbal communications at the June 18, 2012, Town Council meeting, neighbors raised concerns regarding Hillbrook School, located at 300 Marchmont Drive. The neighbors requested that Council review the school's CUP modification application and alleged violations of the existing CUP (last page of Attachment 3). The Council meeting on March 18, 2013, will serve as a public discussion of the existing CUP. The meeting is not to discuss the revocation of the CUP, nor to discuss the pending application for a CUP modification. The meeting allows the Town Council to review neighbors' concerns, discuss the status of alleged CUP violations, and Town staff's interpretation of the existing CUP conditions of approval. After receiving input from the neighbors, Hillbrook School, and staff, the Town Council may determine that no additional action is required or a different interpretation of a condition(s) is warranted. PREPARED BY: Todd Capurso, Director of Community Development Reviewed by: S Assistant Town Manager _ Town Attorney Finance N:\DEV \TC REPORTS \2013\HilI brook. 3- 18- 13.docx PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Hillbrook School Public Discussion March 12, 2013 DISCUSSION: This report discusses a chronological record of recent responses to neighbors; current complaint issues; staff determinations regarding the current complaint issues; what Hillbrook has completed; and the status of the existing CUP modification application. A. Chronological Record Subsequent to a neighborhood meeting Hillbrook School staff held in June of 2011 to discuss future plans to amend their CUP, the Town began receiving neighborhood concerns about the proposed amendment and complaints about their existing CUP. The first complaint was received on June 30, 2011, which dealt with traffic concerns and CUP violations in regards to traffic counts and leasing to third parties. A chronological record of staff responses to these complaints for 2011 is included as Attachment 1. Since 2011, staff has met individually with Hillbrook School staff and several Marchmont -area neighbors on numerous occasions, has met with Ann Arbor -area neighbors two times, has had numerous email and phone correspondence with Hillbrook School staff and neighbors, and facilitated one mediation session between Hillbrook School staff and Marchmont -area neighbors. B. Complaint Issues Staff has received multiple written communications from concerned neighbors. One of the neighbors submitted a table of alleged violations that concisely compiles and summarizes the neighbor's concerns (Attachment 2). The other written communications are available in the public record located at the Community Development Department. C. Staff Determinations Staff reviewed the table of alleged violations along with several other written and verbal complaints from the neighbors and their interpretation of the CUP conditions of approval. Staff reviewed Town records for past communications, Planning Commission and Town Council meeting minutes and reports, and letters of justification for previous Hillbrook School applications. These records were made available to Hillbrook School staff and neighbors. Finally, staff reviewed recent written communications from Hillbrook School that describe Hillbrook School's understanding and position on its existing CUP conditions of approval. Staff determined that the existing CUP allowed activities for children in grades K through 8, subject to the conditions of approval, including a maximum number of students, and a maximum number of vehicle trips during specific hours. Staff also determined that activities must be managed by Hillbrook School and that Hillbrook School could contract out to provide certain activities under Hillbrook's direction and control, just as the Town and many organizations contract for specific services; these would not constitute third -party leases. Staff determinations for each of the alleged violations are below. It is important to note that neither the neighbors nor Hillbrook School agree with all of staff's interpretations. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: Hillbrook School Public Discussion March 12, 2013 A+v�►�ty� � �' ltaff I�ee�,mi��ion�for' � � � �� � ��� ` � � uihe� Action �„ WN Carpooling Resolved: Hillbrook has restored Hillbrook shall to continue to providing twice yearly carpooling provide carpooling reports, re orts. Staggered Start and End Allowed within the specified peak Hillbrook to include description times hours, of school hours in CUP modification application to clarify how Hillbrook will continue to meet the requirements of the CUP. After School Programs Allowed: Programs for children in Hillbrook to include description grades K through 8 are allowed, but of after school programs in CUP may not exceed the maximum modification application to clarify allowed number of students. how these activities will continue to meet the requirements of the CUP. After School League Allowed: The existing CUP does not Hillbrook to include description Sports prevent Hillbrook students playing of sports programs in CUP another team on the Hillbrook modification application to clarify campus. how these activities will continue to meet the requirements of the CUP. Weekend Use of Allowed: The existing CUP allows Hillbrook to include description Campus Hillbrook students to play sports of weekend activities in CUP against another team. modification application to clarify how these activities will continue to meet the requirements of the CUP. Nighttime Activities Resolved: Number of nighttime Hillbrook to include description activities exceeded maximum of nighttime activities, including number allowed (10 per year). Since defining hours of nighttime and corrected. continued monitoring to ensure compliance, in CUP modification application to clarify how these activities will meet the requirements of the CUP. California Assoc. of Not allowed: Adult programs for Hillbrook to include description Independent Schools" non - Hillbrook Schoolteachers are of adult education programs in not allowed under existing CUP. CUP modification application to clarify how these activities could meet the requirements of the CUP modification. Saso High School Not allowed for children in grades 9 None, because Hillbrook School Prep" through 12 or if run by third party. does not offer Saso High School Note: High School Prep programs for Prep at this time, children in grades K through 8 are allowed if run by Hillbrook School. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: Hillbrook School Public Discussion March 12, 2013 *The activity title is based on the table provided by neighbors that is included as Attachment 2. **Refers to CUP condition of approval regarding leasing to third parties, a o Center For Teaching Allowed for "Trainee" teachers: Hillbrook to include description Excellence ** Hillbrook may hire teachers and of program in CUP modification teaching assistants. application to clarify how this activity will continue to meet the requirements of the CUP. Breakthrough Silicon Allowed: Programs for children in Hillbrook to include description Valley* * grades K through 8 are allowed and of program in CUP modification run by Hillbrook but may not exceed application to clarify how these the maximum number of students. activities will continue to meet the requirements of the CUP. Steve & Kate's Not allowed: Third party lease, None. This program is not Camp ** exceeded maximum number of offered at Hillbrook School at this students, drop off and pick up hours time. did not meet the intent of approval regarding regulating traffic counts. Hillbrook Summer Allowed: Programs for children in Hillbrook to include description Camps grades K through 8 are allowed but of summer activities in CUP may not exceed the maximum modification application to clarify number of students. how this activity will continue to meet the requirements of the CUP. Way To Go Allowed: Programs for children in Hillbrook to include description Foundation, Inc.** grades K through 8 and run by of program in CUP modification Hillbrook are allowed but may not application to clarify how this exceed the maximum number of activity will continue to meet the students. requirements of the CUP. Playful People Allowed: Programs for children in Hillbrook to include description Productions ** grades K through 8 and run by of program in CUP modification Hillbrook are allowed but may not application to clarify how this exceed the maximum number of activity will continue to meet the students. requirements of the CUP. Santa Fe Leadership Not allowed: Third party lease. Hillbrook to include description Center (SFLC) Adult programs for non - Hillbrook of adult education programs in Conference ** School teachers are not allowed CUP modification application to under existing CUP. clarify how these activities could meet the requirements of the CUP modification. John Hunter Master Not allowed: Third party lease. Adult Hillbrook to include description Class ** programs for non - Hillbrook School of adult education programs in teachers are not allowed under CUP modification application to existing CUP. clarify how these activities could meet the requirements of the CUP modification. *The activity title is based on the table provided by neighbors that is included as Attachment 2. **Refers to CUP condition of approval regarding leasing to third parties, PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: Hillbrook School Public Discussion March 12, 2013 D. What Hillbrook has completed As a result of staff's interpretations, Hillbrook School has: • Canceled Steve and Kate's Camp from their summer activities; • Removed Santa Fe Leadership Conference from the Hillbrook campus; • Removed the John Hunter Master Class from the Hillbrook campus; and, • Included a request to clarify what activities may be included in the CUP modification application, including summer activities and adult education. In addition, Hillbrook participated in a mediation session with the neighbors. The mediation session resulted in a list of possible solutions that could address some of the neighbors' concerns. Hillbrook School prepared an analysis of those solutions for further discussion with the neighbors. Unfortunately, the Hillbrook analysis was not acceptable to the neighbors and no further mediation between Hillbrook School and the neighbors has occurred. E. Conditional Use Permit Modification Application Status A focused EIR is currently being prepared for the Conditional Use Permit modification application. It is anticipated that this application will be scheduled for a Planning Commission hearing no earlier than Fall 2013. Based on current interpretation issues, as part of this modification, staff's goal is to modify several existing CUP conditions to provide better clarity on the intent of the conditions. CONCLUSION: Pursuant to Town staff's interpretation of the existing CUP, there are no current violations for Hillbrook School. Subject to alternative direction from Council, Town staff would continue to work with Hillbrook School and the neighbor's to address potential violations. It is important to note again that neither the neighbors nor Hillbrook School agree with all of staff's interpretations. After receiving input from the neighbors and staff, the Town Council may determine that no additional action is required or a different interpretation of a condition(s) is warranted. Attachments: 1. Chronological History for 2011 2. Conditional Use Permit Table of Violations received April 26, 2012 (nine pages) 3. Resolution 2001 -48 (Architecture and Site Conditions are excluded from the attachment) with Exhibit A (Conditional Use Permit Conditions of Approval) PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: Hillbrook School Public Discussion March 12, 2013 Distribution: Mark Silver, Hillbrook School, 300 Marchmont Drive, Los Gatos, CA 95032 Patricia Elliot, 269 Marchmont Drive, Los Gatos, CA 95032 Barbara Dodson, 239 Marchmont Drive, Los Gatos, CA 95032 TC:JS:ct N:\DEV \TC REPORTS \2013 \Hillbrook.3- 18- 13.docx CHRONOLOGY OF RESPONSE TO PATRICIA ELLIOT CONCERNS REGARDING HILLBROOK SCHOOL'S CUP 6/11 Hillbrook School met with neighbors to discuss future plans to increase student enrollment. 6/30/11 Patricia Elliot sent letter to Town regarding traffic concerns and CUP violations of Hillbrook School (traffic counts and leasing to third parties). 7/19/11 Staff discussed leasing issue with Town Attorney. Planning staff contacted Elliot to discuss matter. Town sent letter to Elliot summarizing status. 7/22/11 Staff met with representatives of Hillbrook School to discuss the matter. Main issues discussed were the operation hours with associated traffic concerns of their summer school program and potentially leasing their school to third parties. As a result of this meeting, it was determined that traffic counts would be conducted for a two week period by the Town's Traffic Consultant during the remaining portion of their summer program and staff would research the issue of leasing to third parties. 7/27/11 Elliot emailed Town requesting latest status. 7/28/11 Town emailed Elliot that traffic counts were still being taken and the third party leasing issue was still being evaluated. 7/22/11 thru Staff had numerous conversations with Hillbrook School regarding the leasing of their 7/31/11 facility. Leasing programs discussed included: summer school program — Steve and Kate's Camp, Breakthrough Silicon Valley— nonprofit organization to support students who are under resourced to get into high school and college, Saso High School Test Prep — tutor program which prepares students for getting better grades on high school placement test, and a team building seminar for teachers held one time by Hillbrook School and the Santa Fe Leadership Center. Staff informed Hillbrook that the summer school program using Steve and Kate's Camp and the Leadership Seminar was interpreted by the Town as a third party lease and should not be continued. The other programs were questionable in that they provided a service to the community, involved more than Hillbrook students but could be interpreted as a standard school program. Since Hillbrook was filing an application to modify their CUP, staff felt it was appropriate to incorporate these uses as part of their modification request to allow the deciding body to determine whether or not these and similar type uses should be permitted. 9/1/11 Elliot emailed Town questioning Towns plans for traffic counts during the regular school year and the status of the summer traffic counts. 9/2/11 Staff emailed Elliot that the Town traffic engineer who handles the traffic matters was on vacation and questioned if she could wait until the engineer returned so staff could have more complete data to discuss. 9/6/11 Elliott and staff scheduled a meeting for September 16, 2011. ATTACHMENT 9/15 ? /11 Staff contacted Hillbrook School regarding the results of the summer school traffic counts. They were informed that although the trips generated during the hours regulated did not exceed what was allowed by their CUP, it was clear that the peak hour for the summer school program was not the same as the regular school program in that the outside agency allowed drop off and pick up throughout the day. They were made aware that staff had a concern that the operation of the summer school program did not meet the intent of the conditions of approval of the CUP regarding traffic counts. Hillbrook believed they were meeting the condition regarding traffic count hours and did not agree with staff's interpretation, but understood the basis for staff's concerns and interpretation. 9/16/11 Staff met with neighbors of Hillbrook School. Recollection of what was discussed: • The hours noted in the conditions of approval regarding traffic counts are what the Town can enforce. Neighbors understood staff's interpretation of the condition, but did not agree with it. • During the summer school period, Town staff determined that the function of the summer programs in terms of drop offs and pickups for the summer school session, did not correlate with the regular school session, which was the intent of the traffic count condition. Therefore, although Hillbrook School was complying with their conditions of approval in terms of traffic counts during required hours, meeting the intent of the condition was a concern of Town staff. Hillbrook School was made aware of these concerns and that Town staff interpreted that the summer school contract was a lease to a third party. • Conditions of approval would be refined during the CUP modification process to more clearly define the use and operation of the school. 10/3/11 In response to several emails transpiring between Elliott and Hillbrook with statements regarding the CUP, conditions of approval, violations, etc., staff sent an email to both Elliot and Hillbrook to clarify the Town's perspective on the matter. Response included the following: "In terms of the condition of approval of the CUP for the car counts, during the regular school session, the hours noted in the bonditions are what the Town can enforce. However, during the summer school period, Town staff determined that the function of the summer programs in terms of drop offs and pickups for the summer school session, did not correlate with the regular school session, which was the intent of that condition. I know we don't all agree on this interpretation. Assuming Hillbrook files an application to amend their CUP, as discussed with the neighbors and Hillbrook School staff, the conditions of approval will be refined to more clearly define the use and operation of the school. I hope this provides some clarity." 12/16/11 Email from Elliot asking if there has been any further progress on resolving the Hillbrook violations of its CUP. 12/20/11 Staff met with Hillbrook School and staff was informed that Hillbrook canceled their summer school contract with the orgaiuzation'they used. Based on the Towns and neighbors' concerns regarding this matter, the school agreed to change their summer school program to coincide the peak hour trips with their regular school hours and will not be hiring an outside agency (unless they request and get approval to use an outside agency for this program as part of a CUP modification). 12/22/11 Staff emailed Elliot that Hillbrook is actively working with the Town in addressing the neighborhood issues and that the traffic study for the proposed CUP amendment application was being finalized. Elliot was informed that staff met with Hillbrook on 12/22 and that the school mentioned that they have canceled their summer school contract with the organization they used. Staff informed Elliot that PPW has verified that Hillbrook's CUP condition regarding traffic counts for the regular school session (not the summer program, which is no longer in operation) have still been in compliance when the Town has conducted their traffic counts. Elliot was reminded that Hillbrook's CUP amendment would allow an opportunity to tighten up and add to their conditions to make the conditions more clear and better define third party use of the site. Current status: While the CUP modification is being process, staff has requested specific and detailed information for 2012 summer school activities to ensure these activities are not in violation of Hillbrooks existing CUP. Tit is Page Intentionally Left Plank p� I.N 6L 0 1 lV O t � V •®O Oa ® O O 46. H —� O M t 0 0 G E b-0 b bo Cl .5 LLI �j bA bO bA bA by B O O O LLI uly N c• N O 0 H N �d y •a.. � i-i 'b 00 4� N O O ct O U a cd Cl) ar > M 41 En + S". O O ® N cd N +A- cd�°. 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PROJECT APPLICATION: PRJ -99 -062 (CONDITIONAL USE,PERMIT) PROJECT APPLICATION; PRJ- 99- 063 (ARCHITECTURE AND SITE) PROPERTY LOCATION: 300 MARCHMONT DRIVE PROPERTY OWNER/APPLICANT: HILLBROOK SCHOOL APPELLANTS: MARTIN D. DERMER AND MICHAEL W. TAYLOR. WHEREAS: A. This matter came before Council for public hearing on April 16, 2001, on an appeal by Martin D. Dermer and Michael W. Taylor, .appellants, from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. : Council received testimony and documentary :evidence from the appellant and all interested persons who wished to :testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning'Comm,ission proceedings and the packet :of material contained in the Council Agenda Report dated December 14, 2000, April 12, 2001, and April 13, 2001, the Addendum dated December .14, 2000 and December 15, 2000 and the Desk.Item :dated April '16, 2001, along with subsequent reports and materials prepared concerning this application. C. The applicant is-requesting Architecture and Site approval to demolish a 4,650 square foot building and to construct three one -story buildings connected by breeze ways totaling 6,986 square feet. The buildings will contain eight classrooms, a.teacher's workroom, conference room, restrooms, two offices and a storage room. The applicant is also requesting approval of a ATTAC 3 Conditional Use Permit for the Master. Site Plan which includes the plan for demolition and reconstruction of the classrooms for the Architecture and Site Application. D. Planning Commission considered this matter on April 12, 2000 and approved the applications subject to conditions. The decision of the Plamiing Commission was appealed. Town Council considered the appeal on June 5, 2000 and remanded the matter to the Planning Commission with directions that the plans and design be evaluated for traffic study and calming measures, emollment limitations, and student activity scheduling, E. Planning Commission reconsidered the matter on October 25, 2000 and approved the applications subject to conditions. F. Appellants claim that the Planning Commission -erred or .abused -its discretion and erroneously failed to consider traffic issues and that this was an issue or policy over which the Commission did not have discretion to modify or address, but which was vested in the Council for modification or decision. Appellant Dermer is concerned with. traffic impacts on Marchmont Drive while appellant Taylor is concerned with the opening of the Ann Arbor gate and traffic 'impacts on Ann Arbor Drive. G. Council finds as follows pursuant to Town Code section 29.20.300 that decision of the Planning Commission was correct, but that additional time was necessary to :determine the efficacy of traffic volume control measures instituted by the applicant and to set appropriate numerical goals and other enforcement mechanisms as conditions of approval for the use permit-and architecture and site approval. RESOLVED '1. The appeals of the decision of the Planning Commission on Proj ect PRJ -99 -062 and PRJ -99 -063 are denied. Attached hereto as Exhibit A are Revised Conditions of Approval for Use Permit PRJ -99 -062, and as Exhibit B are Revised Conditions of Approval for Architecture and Site Approval PRJ -99 -063, 2. The decision constitutes a final administrative decision,pursuant to Code of Civil Procedure section 1094.6.as adopted byrsection 1.10.085 of the Town Code of'the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094:6, or such shorter time as required by State and Federal law. PASSED AND ADOPTED at a regular .meeting of the Town Council of the Town of Los Gatos, California, on the 7TH day of May, 2001 by the following vote. COUNCIL MEMBERS: ' AYES.: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: 9mlyOR 0 E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: U �l. CLERK OF'TI- 1E'•T(7WN OF 5 GATOS LOS GATOS, • CALIFORRNIA This Page Intentionally Left Blank CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL 300 March me-In t Drive Project Application PRJ -99 -062 (Conditional Use Permit) Project Application PRJ- 99- 063,(ArchRecture and Site:) Requesting approval of a Conditional Use Permit for a Master'Plan of Hillbrook School and approval of an Architecture and S Reap pii cation 'to demolish an existing classroom building and to construct a new classroom building adjacent to the old building on property zoned HR -1. PROPERTY OWNERIAPPLICANT: - Hillbrook School TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. EXPIRATION. Vesting for the Master Site Plan Includes the demolition and reconstruction of the new classroom building under Architecture and Site Application PRJ -99 -063, Once the application is vested, there are no further time limits to for the Master Site Plan, 2, EMERGENCY ACCESS ROAD, The emergency access road to Ann Arbor Drive shall not be opened -up at any time to public or school use. The road may -be opened -for construction access only if it is part of the approved construction plan for an Architecture and Site application. 3. CARPOOLING, The Town accepts ,the voluntary offer of Hillbrook School to maintain •and promote a car- pooling program for their students. "Hillbrook School shall submit to the Town, a written report summarizing the carpool participation, This report shall be submitted twice a year for the months of February and September, 4, ENROLLMENT. The enrollment shall be limited to 315 students, 6. EMPLOYEES. The after school maximum number of employees on site during activities in the gymnasium which draws an audience shall not exceed 12, -6. NIGHTTIME ACTIVITIES. The maximum number of nighttime activities is limited to ten per calendar year. All activities shall conclude by 9 P.M and all vehicles belonging to:persons participating In these activities shall:be off the school premises by 9:30 P.M. All activities which draw an audience to the gymnasium shall take place after school hours, 7, WEEKEND ACTIVITIES, During the weekend the campus shall be closed to any use by outside leagues or youth .groups, the gym shall only be used for Hillbrook School activities and the weekend use shall be limited to an Open House event in October, and volleyball and basketball tournaments for Hillbrook School only. 8, 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. 9, MUSIC, Music from.live bands shall not be amplified. One amplified DJ event is permitted per year, 10. LEASE /RENTALS, No lease or rental of the campus -facilities shall be.permitted to third parties, 11. SIX MONTH REVIEW, This application shall be reconsidered by the Planning Commission six months from -the date of approval. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Engineering Section) 12. TRAFFIC COUNTS, At the applicant's expense, the Town-shall conduct traffic counts at the Marchmont Drive gate of Hillbrook School twice a year, during appropriate months chosen by staff.. The maximum number of vehicles leaving the school during each of the hours of 7:30 AM -to 8:30 AM and and.2:30 PM to 3:45 :PM shall not exceed 165 vehicles. (Parks and Forestry Section) 13, 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, S:WyO507.14. ExA.`Hpd EXHIBIT A Of Attachment 3 This Page Intentionally Left Blank