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Law Offices of <br />JOHN A. SHEPARDSON <br />59 N. Santa Cruz Avenue, Suite Q <br />Los Gatos, CA 95051 <br />T: (408) 395 -3701 <br />F: (408) 395 -0112 <br />E: Shepardsonlaw <br />January 6, 2015 <br />RECEIVED <br />JAN - (,2015 <br />TOVVN OF LS GATOS <br />PLANNING DI DIVISION <br />MEMORANDUM TO LOS GATOS MAYOR MARCIA JENSEN AND THE <br />TOWN COUNCIL REGARDING THE PROPOSED EXPLANSION OF THE <br />HIIIBROOK CUP FROM 315 STUDENTS TO 414 STUDENTS <br />I. QUESTION PRESENTED <br />Should the Town of Los Gatos allow Hillbrook School to expand from 315 <br />students under its present CUP to 414 students? <br />II. SUMMARY ARGUMENT <br />Hillbrook has not earned the right to an increase in its CUP Student <br />Maximum Limit. Hillbrook appears to have repeatedly violated for over a decade <br />the CUP the maximum student enrollment limit. Hillbrook offers no justification or <br />apology for these violations. Hillbrook does provide a significant community <br />educational benefit. Neighbors near Hillbrook have been adversely impacted <br />and justified distrust has developed. Traffic in Town is increasing rapidly, and will <br />continue. Balancing these issues, capping the student increase at no more than <br />36 students allows some expansion, better enables Hillbrook to meet the hard <br />880 traffic trip cap, and sends a message that CUP violations are serious <br />matters, and that entitles will be held accountable for them. <br />III. KEY FACTS <br />One, Hillbrook School is a private, independent school, and appears to <br />provide a high quality education for its students. The cost per student I'm <br />informed is about $26,000 /year. There are students that apparently receive up to <br />90% in scholarship monies. Hilllbrook has represented that approximately 50% <br />of its students come from Los Gatos. <br />Two, Hillbrook was granted a Conditional Use Permit ( "CUP ") that allowed <br />it up to 315 students. Hillbrook now has a vested right to have up to 315 <br />students. <br />Three, according to a citizens group opposed to the expansion, Hillbrook <br />violated the 315 maximum student enrollment cap as follows (See Citizens <br />