The URL can be used to link to this page

Home My WebLink About3.1 TOWN OF LOS ALTOS HILLS May 13, 2004 Staff Report to the Planning Commission ., RE: A MODIFICATION TO A SITE DEVELOPMENT PERMIT CONDITION TO PROVIDE A LICENSE AGREEMENT FOR PUBLIC ACCESS TO THE PATHWAY IN LIEU OF A PATHWAY EASEMENT DEDICATION; PINEWOOD PRIVATE SCHOOL, 26800 FREMONT ROAD; FILE# 85-03-ZP- SD-CUP. FROM: Debbie Pedro, Associate Planner APPROVED BY: Carl Cahill, Planning Director RECOMMENDATION: That the Planning Commission: 1. Deny the applicant's request to amend the Site Development Permit and require dedication of the pathway easement per original conditions of approval; OR 2. Approve the applicant's request to amend the Site Development Permit and adopt the attached License Agreement. BACKGROUND On November 20, 2003, the City Council unanimously approved a Conditional Use Permit Amendment and a Site Development Permit for the installation of a synthetic turf soccer field at Pinewood School. Condition of approval #10 of the Site Development Permit required the dedication of a 17.5' wide pathway easement along the southwest edge of the school. The subject path, shown on the Town's 1981 Master Path Plan, is located next to Barron Creek over existing public utility, storm drain, and sanitary sewer easemetats. This off-road path was established a number of years ago and is widely used by students as well as the general public to access the school and provides a connection to the adjoining neighborhoods between Ortega Drive and Ascension Drive. Pf Sbhool RM us i . . c Existing path along the southwest edge of the property Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 2 of 7 26835 WESTON DR. OR,,,GP' DRIVE 26530 26460 26430 26400 2 26815 26850 26815 26850 A 26880 Jn ly0 20699 26685 26649 26810 Oq STS 26795 136/226810 NIV 2fi765 2.6800 00/ 26695 26677 26653 S 26895 26790 26 26650 735 26760 2 705 2 26889 "PO 26630 26692 26615 y 26625 26666 °< 17.5' wide pathway easement 5 26618 26877 Zo"- 26665 263 26660 O 26625 w 26455 26585 26595 8 26485 26390 26875 26560 Q 3186 26650 Subsequent to project approval, the Town prepared a pathway easement agreement and forwarded it to the applicant on December 23, 2003. In February 2004, the Town received a letter from Palo Alto Unified School District indicating that they do not wish to grant a pathway easement to the Town as required by the Site Development Permit. According to letters from the School District dated February 23 and April 1, 2004, the Property Committee of the Palo Alto Unified School District reviewed the request and determined that they do not wish to be bound by any easement agreement beyond the term of the Pinewood School lease. Furthermore, the District has taken the position that the request of the easement dedication by the Town is illegal because it is not related to the purpose or scope for the requested permit. (Attachment 3) Contrary to the School District's assertion, the Town can require the pathway easement because the exaction is reasonably related to the impacts of the project. Since the synthetic turf field can be used for multiple field sports and the synthetic material can sustain heavier and more regular usage, the project is anticipated to result in an intensified use of the facilities. The off-road path behind the school will provide users of the facilities direct access to the fields from neighboring streets via an existing gate along the path and help facilitate user access to and from the new sports field. 2W)it) 264aO 26815 try Gate 26850 A0 " hely 2 O 26810 Op S, 95 26765 z6�oo 00/ 26650 26735 New Field ,Q 267 26615 Entry Gate 26 266?5 26665 0 5 26665 26 1 Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 3 of 7 The staff reports and minutes from the Planning Commission and City Council meetings detailing the background of the Site Development and Conditional Use Permits are attached for the Commission's review (Attachment 7). LICENSE AGREEMENT As Pinewood School has noted in their letter dated April 12, 2004, the School District does not agree with the requested dedication and is not interested in resolving the pathway issue with the Town. (Attachment 2) Therefore, as an alternative to the pathway easement dedication, Pinewood is proposing a License Agreement that would allow public access to the path. The Agreement would essentially give the Town a contractual right for the use of the path as long as Pinewood is a tenant on the property. According to the Agreement, when Pinewood terminates their lease with the School District, the License for public use of the path will expire. (Attachment 5) The Pathway Committee reviewed the permit modification request at their April 26, 2004 meeting and agreed to accept a License Agreement from Pinewood School subject to the following: 1) The License Agreement has been reviewed and found acceptable by the City Attorney; and 2) To confirm that Pinewood School has the right to create such a License Agreement, given they are not the property owners. According to the City Attorney, the terms of the proposed License Agreement will accomplish the Town's need to provide continued public access of the path. However, in reviewing the Lease Agreement between Pinewood School and the Palo Alto Unified School District, it is unclear whether the school has the authority to provide such a license without prior approval by the landlord (Palo Alto Unified School District). Specifically, Section 6A of the Lease Agreement states that"the Premises shall be used by Tenant as a facility for a private school" and that the "Tenant shall not use the Premises for any'use other than that specified in this Section without the prior written consent of the P Landlord". (Attachment 6) The applicant has been unable to obtain written approval from the School District to grant the License Agreement to the Town. In addition, they are unable to confirm with the School District whether public use of the pathway is consistent with the terms of.their lease. Based on this information, the Pathway Committee does not recommend approval of the proposed License Agreement at this time. , Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 4 of 7 In conclusion, because Pinewood School is unable to provide the Town with evidence that they have authority to grant the license, the Commission can decide to reject the proposed License Agreement and require the easement dedication according to the original conditions of the permit. However, the applicant has indicated that if the License Agreement is not accepted by the Town, the school may have to abandon their plans to install the new soccer field on the property. On the other hand, if the Commission decides to recommend approval of the License Agreement, it must be noted that at this time, the Town does not have adequate assurance that Pinewood School has authority to grant the license according to their lease agreement with the School District. CEQA STATUS The project is categorically exempt under Class 1 of the State CEQA Guidelines. ATTACHMENTS: 1. Recommended Conditions of Approval 2. Letter from Scott Riches, President, Pinewood School dated April 12, 2004 3. Letters from Robert Golton, Palo Alto USD dated February 23 and April 1, 2004 4. Letter from Garth E. Pickett,Hopkins & Carley dated April 23, 2004 5. License Agreement 6. Lease Agreement(partial) between Pinewood School and Palo Alto USD 7. Staff reports and minutes from Planning Commission and City Council meetings dated July 24, September 18, October 16, and November 20, 2003 8. Site Plan cc: Scott Riches Pinewood School 26800 Fremont Road Los Altos Hills, CA 94022 Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 5 of 7 ATTACHMENT 1 RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR GRADING DRAINAGE RVIPROVEMENTS, AND INSTALLATION OF A SYNTHETIC TURF FIELD 26800 FREMONT ROAD (PINEWOOD PRIVATE SCHOOL) File#85-03-ZP-SD-CUP PLANNING DEPARTMENT: 1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission (depending on the scope of the changes). 2. Prior to beginning any grading operation, all significant trees are to be fenced at the drip line. The fencing shall be of a material and structure (chain-link) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fence must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. 3. No new outdoor lighting is approved. Any additional outdoor lighting shall be approved by the Planning Department prior to installation. 4. No hardscape material shall be placed underneath the existing trees along the south property line. ENGINEERING DEPARTMENT: 5. The site drainage associated with the proposed development must be designed as surface flow wherever possible to avoid concentration of the runoff. The proposed drainage shall be designed to maintain the existing flow patterns. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. A final letter shall be submitted from the project engineer stating that the site drainage was constructed in conformance with the approved plans and recommendations prior to final inspection. 6. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 6 of 7 during the grading moratorium (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 7. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 8. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection and release of occupancy permits and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plancheck. 9. Two copies of a grading and construction operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning - Director prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Fremont Road and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the Los Altos Garbage Company for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 10. The r r Fty shall grant a 17.5' th y�.uu�lll�l l, 'T,,...,,t t tever-rho - existing lieutility _easement /D TT Ta 1 sta drain easement n-, sanitary sewer easement The pr-epe.tj hall pr-evide lega4 Eleseriptions and plat exhibits that are prepared by a r-egister-ed eiVil eligifleef 0 a lieeiisedlana veyer- and the Town shall prepare the grant deetiment. The grant .1 t, O 1 ,1 ng the approved r ea exhibit shall and be signed annotarized .Fe,-building plait e eek 10. The applicants shall provide a license agreement to the Town to allow public access to the existing pathway along the southwest edge of the property. The license agreement shall be signed and notarized by the 1 , Staff Report to the Planning Commission 26800 Fremont Road May 13,2004 Page 7 of 7 applicant and returned to the Town prior to acceptance of Plans for building plan check. 11. The property owners must obtain any necessary permit from the State of California, Department of Fish and Game and the Santa Clara Valley Water District for work within 50' of the creek banks prior to start work. CONDITION NUMBERS 7, 8, 9 AND 10 SHALL BE COMPLETED AND SIGNED OFF BY THE CITY ENGINEER PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. ATrACHMENT.2. TD ' NEWUDD SCHUDL a nonprofit tax-exempt educational corporation RECEIVED April 12, 2004 APR 12 2004 OWN OF LOS ALTOS HILLS Dear Town of Los Altos Hills: I am writing this letter and submitting an application requesting modification of condition # 10 as it relates to our site development permit for the construction of our synthetic turf field. Condition# 10 states " The property owner shall grant a 17.5' pathway easement to the Town over the existing public utility easement, storm drain easement, and sanitary sewer easement........" The property owner of the site, The Palo Alto Unified School District, is refusing to dedicate the pathway easement to the Town of Los Altos Hills. Per the recommendation of the planning staff at the town,;we went back to the Palo Alto School District suggesting that they dedicate the pathway easement to the town limited to the time that Pinewood stays as a.tenant at the Fremont Hills site. The Palo Alto School District has also declined this request. I have attached both copies of their letters refusing both options of dedicating the pathway easement. We have exhausted all of our resources with the Palo Alto School District and have met with their property committee and with their board of directors, thus resulting in not being able to meet this pathway easement condition. We have no leverage with them as they could care less about our field being approved. Growing up in Los Altos Hills for over ten years, I am fully aware and was a recipient of the benefits of the Town's master pathway plan. Pinewood is more than happy to keep the pathway as an easement but since we are not an official property owner we can not grant a dedication. Our hands are tied in this scenario and we have no control of being able to meet this condition.- I would like to propose that we modify the condition and have some sort of legally binding user agreement or have a condition as part of our conditional use permit stating that the pathway will continue to remain as if it was a pathway easement (just as it is now being used) and will remain so as long as Pinewood is a tenant at the Fremont Hills school site. This proposed modification will allow us to move forward with our new synthetic turf field and also reassure the town that the pathway will remain as if it was a pathway easement as long as Pinewood School remains a tenant at the current site. Even if Pinewood ever leaves as tenant, the Town could issue a similar condition as part of another organization's conditional use permit if they took over the Fremont Hills site. I realize that this is an unusual request but hope that it will be considered in light of the fact that we have no control of this condition being met since we are only a tenant of the site and not an official property owner. I hope this situation can get resolved in a timely manner as we can not go another school year with the field in its current condition. We have construction plans in place to move 26800 Fremont Road • Los Altos Hills, CA 94022-1919 • 650-941-1532 • FAX 650-941-4727 • info@pinewood.edu forward with the synthetic turf field project starting on June 14`h but can not start unless we get this condition resolved. If a decision is not made before the city council meeting don the project permanently and at a best case scenario in May we may be forced to abandon p � p Y k at other options. This not only r another. ear and loo Y forced to postpone the project for y P has a negative impact on Pinewood School but also on the Town of Los Altos Hills. Pinewood has made an agreement with the Town's Park and Recreation Dept. to allow them to use the field for three weeks during the summer for their summer camp use. We were more than willing to do this because the synthetic turf field has such ease of maintenance and could handle the wear and tear of the use. If we could not install the synthetic turf and have to revert to natural grass this could have an impact on the Town's usage during the summer mainly due to maintenance issues. I hope that you will consider this proposal and see that we have done all that we can in order to meet your conditions. Thank you for your consideration. Sincerely, Scott Riches President Pinewood School ATTACHMENTS PALO ALTO UNIFIED SCHOOL DISTRICT 25 Churchill Avenue Palo Alto, California 94306-1099 Business Services Phone: 650-329-3706 Fax:650-329-3803 February 23, 2004 Scott Riches, President Creative Center of Los Altos, Inc. DBA Pinewood School 26800 Fremont Road Los Altos Hills, CA 94002 Dear Mr. Riches: You have reauested that Palo Alto Unified School District(the District ) grant a permanent pathway easement to the City of Los Altos Hills. You have explained that the 17.5 foot wide strip of land lies outside the Pinewood School's fence line, is used as a pathway, is already burdened with a storm drain easement, and that you do not feel that the easement would interfere with the District's use of the land. Unfortunately, the District cannot grant the requested easement. The Board members on our Property Committee have analyzed the request and determined that it must be rejected. Pinewood School has sought approval from the Town of Los Altos Hills (the "Town") to install synthetic turf on an athletic field. Pinewood School leases its site from the District, which owns the land. The Town has requested a"perpetual ri ht and nonexclusive easement for the construction, operation,eration, and maintenance of existing and future pathway facilities for pedestrian, bicycle and equestrian use, together with right of access thereto."The impacts from the field modification do not, however,justify the Town's request or condition. In particular, the requested pathway easement lacks the essential nexus to Pinewood's field proposal. The public pathway easement is neither required to serve the field, nor is it reasonably related to the direct impacts created by the synthetic turf. The requested dedication of land is not related in nature or extent to the impact of installing synthetic turf on the school field on the other side of the fence. The synthetic turf is not permanent, and Pinewood's lease of land is not for a lifetime, but the easement would be perpetual. The District has not been presented with any evidence that any anticipated impact of the proposed synthetic turf necessitates dedication of a public easement along Barron Creek. Accordingly, the District cannot agree to the requested dedication. The District appreciates the environmental benefits of Pinewood's proposed synthetic turf, particularly water savings, reduced mower emissions, and reduced fertilizer use. Moreover, the District further appreciates the benefits of public pathways, and understands the desire of the Town to have a system of public pathways. Nonetheless; the District also has a fiduciary duty to manage appropriately the land owned by the public school district. However laudatory the objective, the District cannot simply dedicate the requested perpetual public easement. If you or the Town have any questions, please feel free to call me. Yours truly, Robert F. Golton Deputy Superintendent, Business Services Cc: Mary Frances Callan, Superintendent Board of Education , ' _ PALO ALTO UNIFIED SCHOOL DISTRICT 26 Churchill Avenue Palo Alto, California 94306~1099 ! Business SerniceoPhone:650-329-3706Fax:650-329-3D03 April 1, 2004 ' Scott Riches, President Creative Center ofLos Altos, Inc. DBA Pinewood School 288OOFremont Road Los Altos Hills, CAS4OO2 Dear Mr. Riches: Previously, you requested that Palo Alto Unified School.District(the"District") grant a permanent pathway ----'---- -- - y - ---' '-- '--- '-- --r—^^-d ~~~~'~ 17.5 foot wide strip ^^ land ^lies outside the Pinewood School's fence line, hsused as pathway, is already burdened with $ storm drain easement, ' and that you did not feel the easement would interfere with the DistricVs use of the land. The District was not willing to grant that requested easement. The Board members on our Property Committee analyzed the request and determined that itrnugtbe rejected. Recently, you approached the Property Committee again.The proposal was that a finme-limitedeaaement be granted, with the easement to bein force for the duration of the Districts lease of the property to Pinewood School.This matter was considered by the P610 Alto Unified School District Property Committee. The Property Committee ionot willing bogrant the time-limited easement. While the current requestiod o-limited, thefundamanta| |ackofnexuonamaino. Tharequaatad dedication of land is not related in nature to the impact of installing synthetic turf on the school field on the other side ofthe fence. The District has not been presented with any evidence that any anticipated impact of the proposed synthetic turf necessitates dedication of a public easement along Barron Creek. The public pathway easement|aneither required b»serve the field, nor iaitreasonably related tothe direct impacts created bvthe syntheticturf. The requested pathway easement lacks the essential nexus to Pinewood's field proposal. The District appreciates the environmental benefits ofPinevvood'spro'omadsynthetic turf, porboukndy water savings, reduced mower emissions, and reduced fertilizer use. Moreover, the District further appreciates the benafitaofpublic pathways, and understands the desire ofthe Town tohave asystem of public pathways. Nonetheless, the District also has a fiduciary duty to manage appropriatelythe land owned by the public school district. However laudatory the objective, the District cannot simply dedicate the requested public easement. Ifyou orthe Town have any questions, please feel free hzcall me. Yours truly, RobadF. Golton Deputy Superintendent, Business Services . Cc: Mary Frances Callan, Superintendent ` ' Board ofEducation . R ATTACHMENT THE LETITIA BUILDING . TELEPHONE: 70 5 FIRST STREET " 408.286.9800 SAN JOSE CA 95113-2406 FACSIMILE: MAILING ADDRESS H Q P K I N S &C A R.L E L(� 408.998.4790 P O BOX 1469 wwwhopldmcarleycom SAN JOSE CA 95109-1469 A LAW CORPORATION I April 23,2004 GARTH E.PICKETT Shareholder gpickett a@hopkinscarley.com 408-286-9800 Scott Riches Pinewood School 327 Fremont Avenue Los Altos, CA 94024 Re: License Agreement Between Pinewood and Town of Los Altos Hills Dear Scott: You requested that I review the lease that Pinewood has with the Palo Alto School District ("School District") to see what form of use agreement we can give to the town of Los Altos Hills giving them and the public access to the pathway that's on the edge of the school property. I understand the pathway is-now being used not only by the school but by the public from time to time, and that the town has asked for some document securing that continued use so long as Pinewood has the lease with the School District I understand that you have discussed this matter with the School District and that they have told you that they do not care to be involved in either granting an easement to the town or in dealing with the town on this subject. These reasons are that they have leased the entire site to Pinewood, and the School District will not be bound in anything beyond the term of the Lease. They also do not want to be involved in any consent since it would take a prolonged process for them to do so in their bureaucracy. Further, the School District has taken the position that the request by the town is illegal and beyond the scope of their authority because it is not related to the purpose or scope for the requested permit. I understand that Pinewood has no objection to cooperating with the town and allowing the public continued access to the pathway as long as Pinewood has the lease for the property and as long as Pinewood does not become liable for any accidents or liability that arises from someone not connected with Pinewood's use of the pathway. I have suggested to you that in light of the school district's position, what you can give the town is a license agreement. The lease specifically references a license in one place as being a right different than an assignment or sublease, but only states that assignments and subleases need landlord consent. The only restriction in the lease that could affect a license is the use restriction in paragraph 6 stating that in a use of the property beyond the private school use needs the landlord's consent. Because of the continuing nature of the pathway access to the public and from what I understand was the publics use of the pathway even when it was a public school 18690.1 1091391653.1 Scott Riches April 23,2004 Page 2 used by the School District,then I am assuming that the School District does not characterize the continued use of the pathway as a violation of the use under the lease. If that assumption is correct then the license is the best way to go in giving the town some contractual right for the use of that pathway by the public as long as Pinewood has the lease. If the town's attorney has any questions or concerns about this license agreement, please have them call me to discuss. Sincerely, HOPKINS &CARLEY A LAV Coration Garth E. Pickett GEP/eb 18690.1 1091391653.1 ATTACHMENT 5' LICENSE AGREEMENT This non-exclusive License Agreement (the "License") is entered into as of this day of , 2004 by and between Creative Center of Los Altos dba Pinewood School, a California non-profit corporation ("Licensor") and the Town of Los Altos Hills, a California municipal corporation ("Licensee"). As further described herein, Licensor agrees to license to Licensee the right to non- exclusive use of the pathway more particularly described on Exhibit A attached hereto ("Pathway") which is a part of the premises being leased by Licensor from Palo Alto Unified School District("Landlord") at 26800 Fremont Road, Los Altos Hills, California. RECITAL The execution of this License is required as a condition of the conditional use permit ("Permit") granted to Licensor by the Town on , 2003 and amended on May 13, 2004 for the installation of artificial turf over its playing field. The Permit originally required Licensor to secure an easement across the Pathway for public access. Failure of Licensor to secure such easement resulted in the amendment of the Permit to allow for execution of this License in lieu of the easement. ARTICLE 1 SUBJECT TO LEASE This License is subject and subordinate to all of the terms and conditions of that certain Lease concerning the Fremont Hills School site at 26800 Fremont Road, Los Altos Hills, California (the "Lease") between Licensor and the Landlord dated September 24, 2002. Licensee shall not commit or permit to be committed any act or omission in its use of the Pathway which would violate any terms or provisions of the Lease. ARTICLE 2 NATURE OF THE LICENSE This License shall allow public access and use of the Pathway on a non-exclusive basis on the terms and conditions contained herein. Licensee accepts the Pathway in its "as it, where is" condition and recognizes that Licensor has no duty of maintenance or care of the Pathway other than as required under the Lease. ARTICLE 3 DURATION OF LICENSE This License shall commence on the date of full execution hereof by Licensor and by Licensee (the "Commencement Date") and shall continue until the termination of the Lease ("Expiration Date"). 109\391558.1 -1- ARTICLE 4 CONSIDERATION There is no license fee associated with this License and the consideration for the License is Licensee's granting of the Permit. The parties agree that as a result of adequate consideration, this License is nonrevocable other than as provided in Article 9. ARTICLE 5 NO ASSIGNMENT OR TRANSFER OF THE LICENSE This License is personal to Licensee and may not be assigned or sublicensed in any manner. Any assignment or sublicense without Licensor's prior written consent which may be withheld in its sole discretion, shall be voidable and shall constitute a default of the License Agreement. ARTICLE 6 USE The License permits normal recreational use of the Pathway by the general public along with the co-use by Licensor and for no other purpose. ARTICLE 7 INSURANCE AND INDEMNITY During the term of this License, Licensee, at Licensee's sole cost and expense, shall maintain the Licensee's standard policies of commercial general liability insurance and casualty insurance which shall name Licensor as an additional insured as it relates solely to the uses of the Pathway by the general public as described in Article 6 (other than use by the Licensor and its officers, employees, agents while on school business and Licensor's students for school purposes). Licensee does hereby indemnify and hold Licensor harmless from and against any and all liability, judgments, costs, demands, claims, and damages of any kind whatsoever (including, without limitation, attorneys' fees and court costs) to the extent any claim is brought against Licensor as the result of the use of the Pathway by the general public as described in Article 6 other than use by the Licensor and its officers, employees, agents while on school business and Licensor's students for school purposes. ARTICLE 8 MAINTENANCE Licensor will not be required to maintain the Pathway in any manner and Licensee will have the right,but not the obligation, to maintain the Pathway at its sole expense. 1091391558.1 -2- ARTICLE 9 DEFAULT A default of this License shall occur if: 1. As a result of its sole negligence or willful misconduct, Licensee fails to perform any of the terms contained in this License. 2. Licensor prohibits public access to the Pathway at any time The nondefaulting party shall provide the defaulting party with written notice of the existence of a default as described herein and shall provide the defaulting party with thirty (30) days after the date of such written notice to cure such default. Upon failure to cure, the nondefaulting party may terminate this License by giving the defaulting party written notice of termination, and/or bring any action, claim, or suit of any kind, including a demand for specific performance. Upon receipt of the notice of termination, this License shall be deemed terminated. ARTICLE 10 NOTICES Any notices, demands, requests, consent, approval, or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class, certified mail to the address set forth below or by overnight delivery by a nationally recognized courier service. Notice will be deemed received upon the date of receipt of personal service or the next day with receipt verifying delivery by overnight courier or by three (3) business days if sent by certified mail. The address of the parties are as follows and may be changed at any time by either party by giving written notice to the other of the change in address: Licensor: Pinewood School 327 Fremont Avenue Los Altos, California 94024 Attn: Scott Riches Licensee: The Town of Los Altos Hills 26379 Fremont Road Los Altos, CA 94022 Attn: 1091391558.1 -3- ARTICLE 11 ATTORNEYS' FEES In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by a party to this License for enforcement of any of the terms of this License or default of this License, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than a party to this License in such action or proceeding. ARTICLE 12 MISCELLANEOUS 12.1 Entire Aueement. This License constitutes the entire agreement between the parties with respect to the matters. described or referred to herein, and Licensor has made no representations or warranties to Licensee except as expressly set forth herein. This License may only be amended in writing signed by both parties hereto. 12.2 Counterparts. This License may be executed in two or more identical counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Executed as of the date first set forth above. LICENSOR: LICENSEE: CP,F,ATr,v,E CENTER OF Los ALTos DBA TowN OF Los ALTos HmLs PINEWOOD SCHOOL, A CALIFORNIA NON- A CALIFORNIA MUNICIPAL PROFIT CORPORATION CORPORATION By: By: Scott Riches, President Its: 689903-3 10913915581 -4- ATTACHMENT 6. USE OF PREMISES. A. The Premises shall be used by Tenant as a facility for a private school. Tenant shall not use the Premises for any use other than that specified in this Section without the prior written consent of the Landlord. The Premises shall not be used as a home, residence or sleeping place by any person for any reason. Tenant shall require all Subtenants, licensees, and invitees, to use the Premises only in conformance with this use and with applicable governmental laws, regulations, rules and ordinances. Tenant shall indemnify, defend, and hold Landlord harmless against any loss, expense, damage, attorneys' fees or liability arising out of failure of Tenant to comply with any applicable law,regulation, rule or ordinance. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises excepting Tenant's annual fundraiser,or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises except in trash containers designated for that purpose. Any uses which involve the serving and/or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. Tenant shall comply with Landlord's district wide policy prohibiting the use of tobacco products on the Premises at all times. Tenant shall not use or permit the use of the Premises or any part thereof for any purposes which are inimical to public morals and welfare or morally objectionable as unsuitable for a public educational facility. Tenant agrees to immediately respond to concerns expressed by neighbors or Landlord relating to the operation of the Premises. B. Tenant, and if required subtenants, shall obtain a conditional use permit from the Town of Los Altos Hills for the operation of Tenant's school throughout the Term of this Lease. 27. SUBLEASING. A. Provided Tenant is not then in.default under this Lease,Tenant shall have the right, at any time during the Term hereof and from time to time, with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, to sublet all or any portion of the Premises, provided that: (a)each such Sublease shall be subject to each and all of the covenants,conditions,restrictions and provisions of this Lease, including the early termination clauses, (b)Landlord shall have no obligation to accept the attornment of any Subtenant except upon termination of this Lease, (c) without Landlord's approval, Tenant shall not accept prepayment of more than one month's rent from any Subtenant, (d)no Sublease shall extend beyond the Tenn of this Lease without Landlord's express consent thereto which may be withheld in Landlord's sole and absolute discretion, (e) within (10)days after the execution thereof by the parties, Tenant shall deliver to Landlord a full, true, and complete copy of every Sublease and of all amendments or modifications thereto and(f)Tenant shall promptly terminate any Sublease which is in default and require Subtenant to forfeit and surrender the Premises to Tenant. B. Regardless of Landlord's consent, no subletting shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to pay the Rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of Rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one subletting shall not be deemed consent to any subsequent subletting. In the event of default by any Subtenant of Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said Subtenant. C. Landlord's Participation of Sublet Revenues. Tenant shall pay to Landlord an amount ("Sublet Rent") equal to fifty percent (50%) of all sublet revenue in excess of the Sublet Revenue Base for each sublet space on the Premises. Sublet Rent shall be computed and paid as follows: .1 As used herein, the term "Sublet Revenues" means the gross amount of any rent and/or other consideration paid to Tenant for the subletting or other use or occupancy of the Premises or any part thereof or interest therein n after deducting there from(a) the pro-rata share of the unamortized costs previously incurred by Tenant from major repairs,replacements and capital improvements to the Premises, (b)costs of relocating,recruiting, negotiating with, and executing a sublease with subtenant, including, but not limited to, reasonable and customary brokerage fees or commissions, consulting fees, legal fees, and related costs, and (c)the cost of any tenant improvement or other improvements made to the Premises by Tenant as part of the sublease transaction. The term"Sublet Revenues" shall be constructed in its broadest sense to include the gross amount of all value given, directly or indirectly, by any person or entity for or in connection with the right of using or occupying the Premises or any part thereof or interest therein, and if any charge shall not be assessed or collected at a rate which is less than the then fair market value therefore, the proper amount shall nonetheless be included in Sublet Revenue. Sublet Revenue shall not include, however, the gross amount of(i)Taxes and Assessments payable by Tenant pursuant to Section 7 of this Lease which is collected from or paid on Tenant's behalf by another, (ii)insurance proceeds (other than insurance paid for or in connection with lost rents)paid as a result of damage to or destruction of the Tenant improvements on the Premises or as a result of personal injury, (iii)condemnation awards except to the extent that such are paid for or in connection with lost rents, (iv) common area maintenance expenses, exclusive of mark- ups, which are paid by Tenant to unrelated third party vendors and collected from Subtenants, or(v) occasional use of the Premises by non-profit organizations, or other temporary or occasional users who provide community services. .2 The Sublet Revenue Base per square foot shall be calculated by dividing the Annual Rent by 12 months and then dividing that quotient by the then existing total square footage. Fifty percent (50%) of all Sublet revenue per square foot of elassr-eem subleased space in excess of the Sublet Revenue Base for each sublet space on the Premises shall be paid to Landlord, after deducting the items described in Section 270.1 above. Increases in Sublet Revenue received by Tenant shall cause a recalculation of the amount due Landlord, it being the intent of Landlord and Tenant that Landlord shall share in all Sublet Revenue increases over the Tenant's rent payable with respect to each individual sublet space. .3 As used therein the term "Lease Year" means year beginning July 1 and ending June 30. .4 Sublet Rent received with respect to each sublet space within the Premises shall be paid by Tenant to Landlord monthly in arrears beginning on the first (V)day of the second full calendar month of the Sublet Term. Sublet Rent will be due to Landlord on the first day of the second full calendar month after sublet revenue increases are calculated and levied upon subtenants by Tenant and shall be paid in lawful money of the United States of America, without demand,notice, deduction, offset or abatement, at the address of Landlord stated in Section 17 of this Lease. .5 Tenant shall keep full,complete and proper books and records with respect to Sublet Revenue, which books and records shall be retained within the County of Santa Clara for at least seven (7) years after the close of the applicable Lease Year. .6 For each lease year in which subtenants occupy the Premises, hereinafter referred to as "sublet lease year", Tenant shall furnish a written statement, executed by Tenant's financial officer or accountant, directed to Landlord and certifying that the calculation and payment of the Sublet Rent for such lease year have been made in accordance with the terms of this Lease and that, to the best of his or her knowledge, which shall be based on a detailed review of Tenant's records, all Sublet Revenues have been properly reported and considered. Such statement shall also contain a summary for each Subtenant of the Sublet Revenue by month as shown in Tenant's books and records. The statement shall be submitted to Landlord not later than thirty (30) days after the end of each sublet lease year. .7 Landlord shall have the right, not more than once each Lease Year, to conduct an audit of the books and records of Tenant, as they pertain to any Sublet Revenues. If any such audit discloses that the Sublet Revenues are under reported to Landlord for any Lease Year by more than two percent (2%)than the actual Sublet Revenue for such Lease year, Tenant shall pay to Landlord, on demand, (i)the additional Sublet Rent due, (ii) all of the Landlord's actual costs (including, without limitation, the prorated salary of Landlord's inspector, fringe benefits and an overhead allocation) incurred by Landlord in inspecting such book and records; and (iii)interest on the additional Sublet Rent at the rate of Bank of America's or its successor's reference rate plus three percent (3%)per annum from the due date of each installment of Sublet Rent until paid. .8 Provided that Sublet Revenue has been factored into the calculation of Annual Rent as finally determined for years 11 through 20 of this Lease, the Sublet Revenue Base for each sublet space shall be redetermined at the commencement of year 11 to establish a then current Sublet Revenue as provided herein. ATTACHMENT7 TOWN OF LOS ALTOS HILLS November 20, 2003 Staff Report to the City Council RE: A CONDITIONAL USE PERMIT AMENDMENT FOR INSTALLATION OF A SYNTHETIC TURF SOCCER FIELD AND A SITE DEVELOPMENT PERMIT FOR GRADING (2,000 CUBIC YARDS) AND DRAINAGE IMPROVEMENTS; PINEWOOD PRIVATE SCHOOL, 26800 FREMONT ROAD;FILE# 85-03-ZP-SD-CUP. FROM: Debbie Pedro, Associate Planner- APPROVED BY: Carl Cahill, Planning Director C_.C, RECOMMENDATION: That the City Council: Approve the requested Conditional Use Permit Amendment and Site Development Permit subject to the recommended conditions of approval (Attachments 1 and 2). BACKGROUND On May 14, 2003, Pinewood School submitted a request to renovate an existing grass soccer field on the property with FieldTurf, an artificial turf material. Because of development area constraints, the applicant also requested an amendment to the Zoning Code exempting synthetic turf from development area calculations so that the field installation will not count as additional development area on the property. The Planning Commission reviewed the proposal at its July 24, 2003 meeting and voted 5-0 to forward a recommendation of approval to the City Council. On October 16, 2003, the City Council adopted an ordinance amendment to Section 10-1.502 of the Zoning Code exempting synthetic turf from development area calculations when used on athletic fields at public recreational facilities and schools. Pursuant to the amended section of the Zoning Code which became effective on November 16, 2003, Pinewood School is requesting Council approval of a Conditional Use Permit Amendment and a Site Development Permit for the installation of a new synthetic turf soccer field at the school. The staff reports and minutes from the previous Planning Commission and City Council meetings detailing the background of the Ordinance Amendment- and the Site Development proposal are attached for the Council's review (Attachment 5). Staff Report to the City Council November 20,2003 Page 2 of 10 Site Data: Gross Lot Area: 7.08 acre Net Lot Area: 7.08 acre Average Slope: 0.2% Lot Unit Factor: 7.08 Floor Area and Development Area: Area(sq.ft.) Maximum Existing Proposed Increase Remaining Development 106,200 147,858 147,858 (73,100) 0 Floor 42,480 47,485 47,485 0 0 SITE DEVELOPNffiNT PERMIT FOR SYNTHETIC TURF SOCCER FIELD The existing grass soccer field is 350' long x 250' wide and is located at the southwest comer of the 7.08 acre property. The installation will involve the removal of the surface grass layer and approximately 2,000 cubic yards of topsoil. The synthetic turf system consists of turf made from a polyethylene and polypropylene blend placed in a pattern that emulates real grass. The base system consists of aggregate, geotextile filter fabric, and compacted sub grade with a drainage system. The synthetic turf field is designed to ensure rapid drainage which makes the surface playable even in or after heavy rain. Water flows straight through the carpet backing and into the prepared surface, where it will then flow into the drainage system. The engineering department has reviewed the drainage system analysis submitted by the applicant on June 25, 2003 and determined that this particular installation will not result in a significant increase of water runoff. r,ON-,RzTE('H*'� EDsESAND AND GRADE SURFACE VARIES, TO Mi :� R EACH REFER TO PLANS PERFORATED r- GEOTEXTILE FABRIC SU5VRAIN • RION On IM MI. I wy A vq 'r 41:11 pinewood; ch 661 ft Cam PUS Wi* C VN "Cl Staff Report to the City Council November 20,2003 Page 4 of 10 CONDITIONAL USE PERMIT The City Council originally approved a Conditional Use Permit for the operation of the school on this property on August 4, 1976. A review of this Conditional Use Permit was last conducted on November 5, 1986. The applicant informed staff that little has changed in the use of the site since its last review in 1986 and has submitted a letter summarizing the current operation of the school (Attachment#4). With regard to public access to the school grounds, the applicant has expressed safety and security concerns and is requesting the deletion of Condition #13 requiring pedestrian gates around the campus to be opened during school hours. The Planning Commission concurred with the applicant's request and recommends removal of the subject condition. Because the new synthetic turf field can be used for multiple field sports and can sustain heavier usage without noticeable degradation, there is a potential for increased usage of the field. To minimize potential noise disturbances to the surrounding neighbors that may result from intensified use of the field, staff recommends Condition of Approval #5 prohibiting the use of the field prior to 7:30 a.m. or after 5:30 p.m. on weekdays and at anytime on weekends. Finally, Pinewood School is voluntarily working with the Town's Parks and Recreation Department on a shared facilities agreement that would allow the Town to utilize the school's synthetic turf field for Summer Sports Camps three (3)weeks per year during the summer months (June — August). In exchange, Pinewood School will be able to utilize the Town's Little League fields for practices and games. The shared facilities arrangement between the Town and Pinewood School will begin in 2005 and the specific times and dates of the Summer Camp use will be jointly agreed upon by Pinewood School and the Town's Parks and Recreation Department. CEQA STATUS The project is categorically exempt under Class 1 of the State CEQA Guidelines. ATTACHMENTS: 1. Recommended Conditions of Approval for the Site Development Permit 2. Recommended Conditions of Approval for the Conditional Use Permit 3. Worksheets#1 and#2 4. Letter from Applicant received on May 14, 2003 5. Staff reports and minutes from Planning Commission and City Council meetings dated July 24, September 18, and October 16, 2003 6. Development plans: site, drainage, topographic Staff Report to the City Council November 20,2003 Page 5 of 10 cc: Scott Riches Roshy Mozafar Pinewood School Beals Sport 26800 Fremont Road 2455 The Alameda, Suite 200 Los Altos Hills, CA 94022 Santa Clara, CA 95050 i Staff Report to the City Council November 20,2003 Page 6 of 10 ATTACHMENT RECOMMENDED CONDITIONS FOR SITE DEVELOPMENT PERMIT FOR GRADING,DRAINAGE IMPROVEMENTS, - AND INSTALLATION OF A SYNTHETIC TURF FIELD 26800 FREMONT ROAD (PINEWOOD PRWATE SCHOOL) File#85-03-ZP-SD-CUP PLANNING DEPARTMENT: 1 No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission (depending on the scope of the changes). 2. Prior to beginning any grading operation, all significant trees are to be fenced at the drip line. The fencing shall be of a material and structure (chain-link) to clearly delineate the chip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fence must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period. 3. No new outdoor lighting is approved. Any additional outdoor lighting shall be approved by the Planning Department prior to installation. 4. No hardscape material shall be placed underneath the existing trees along the south property line. ENGINEERING DEPARTMENT: 5. The site drainage associated with the proposed development must be designed as surface flow wherever possible to avoid concentration of the runoff. The proposed drainage shall be designed to maintain the existing flow patterns. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final inspection. A final letter shall be submitted from the project engineer stating that the site drainage was constructed in conformance with the approved plans and recommendations prior to final inspection. Staff Report to the City Council November 20,2003 Page 7 of 10 6. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 7. Two copies of an erosion and sediment control plan shall be submitted for review and approval by the Engineering Department prior to acceptance of plans for building plan check. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 8. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection and release of occupancy permits and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance of plans for building plancheck. 9. Two copies of a grading and construction operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Fremont Road and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the Los Altos Garbage Company for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits. 10. The property owner shall grant a 17.5' pathway easement to the Town over the existing public utility easement (P.U.E.), storm drain easement (S.D.E.), and sanitary sewer easement (S.S.E.). The property owner shall provide legal descriptions and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the grant document. The grant document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town prior to acceptance of plans for building plan check. Staff Report to the City Council November 20,2003 Page 8 of 10 11. The property owners must obtain any necessary permit from the State of California, Department of Fish and Game and the Santa Clara Valley Water District for work within 50' of the creek banks prior to start work. CONDITION NUMBERS 7, 8,9 AND 10 SHALL BE COMPLETED AND SIGNED OFF BY THE CITY ENGINEER PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. Staff Report to the City Council November 20,2003 Page 9 of 10 ATTACHMENT 2 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMU AMENDMENT LANDS OF PALO ALTO UNIFIED SCHOOL DISTRICT 26800 FREMONT ROAD (PINEWOOD PRIVATE SCHOOL) File#85-03-ZP-SD-CUP 1. Any alteration, demolition, reconstruction or additions to the structures on the site shall require an amendment to the Use Permit. The Planning Director may, at any time, schedule a review .or revocation hearing before the Planning Commission regarding the Use Permit, if any condition of approval is not being met or the facility is being used inconsistently with the approved use or in violation of Town Municipal codes. 2. This Use Permit shall be reviewed annually in June, to insure compliance with the above conditions, and all conditions shall be subject to amendment and/or additional conditions deemed necessary by the Planning Commission. This review shall be conducted at a duly noticed Public Hearing. 3. The life of this permit shall run with the Pinewood Private School lease or ownership of the subject property, or until this lease is amended or cancelled. 4. There shall be no evening courses conducted at the facility. 5. Enrollment shall not exceed 300 pupils. 6. The number of full-time faculty shall not exceed 50 individuals. 7. Hours of operation when students are present shall not be earlier than 7:30 a.m. or later than 5:30 p.m. 8. No sports activities or other noise-generating events shall be allowed on the soccer field prior to 7:30 a.m. or after 5:30 p.m. on weekdays and at anytime on weekends. 9. No outdoor sound amplification shall be allowed on the site. 10. Whenever students of the institution are present on the campus, one faculty or staff member shall also be present. Staff Report to the City Council November 20,2003 Page 10 of 10 11. All faculty, staff, and student parking shall occur on the premises. If there should be a need to provide additional parking area, then the owner or lessee shall apply to the Town for the appropriate permits. 12. School authorities shall make every effort to have students embark and disembark within school property. There shall be no additional unnecessary traffic circulation during regular school hours. 13. The seheel gr-ounds sha4l Femain open to the genefal publie during hetffs of seheel operaien, with all stffFeunding pedestrian gates . . . nleek-ed dur-ing these hours. The pedestgan gates will be opened when vehieulaf gates are epened in the meming, and leeked when the vehieulaf gates afe leeked at the end ef the seheel day. 14. All requirements of the Fire Department and Health Department shall be complied with as part of the Use Permit. 15. Events put on exclusively by the applicant, for the benefit of the applicant, shall be limited to twelve (12) days per calendar year and shall be concluded no later than the hour of 11:00 p.m. on weeknights, and 12:00 midnight on Friday or Saturday evenings. OPENED PUBLIC HEARING Stephen Bobrichen, Francemont Drive, explained that he had no objections to the applicants' request. However, he wanted to voice his concern about a trail in the open space and the threat of fire. He does not want any recreational trails in the area. CLOSED PUBLIC BEARING MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Warshawsky,and passed unanimously to adopt Resolution 491-03 initiating proceedings and setting a public hearing for December 18, 2003 regarding the vacation of a public pathway and trail easement. 11.5 A request for a Conditional Use Permit Amendment for installation of a synthetic turf soccer field and a Site Development Permit for grading (2,000 cubic yards) and drainage improvements: Lands of Pinewood School, 26800 Fremont Road (85-03-ZP-SD-CUP) Associate Planner Debbie Pedro introduced this item to Council. She explained that Council had before them the Conditional Use Permit Amendment and Site Development Permit for Pinewood School. The applicants are requesting approval of their request to install a new synthetic turf soccer field at the school. The Conditions of Approval require the dedication of a pathway easement on the property between Barron Creek and the fence along the southwest side of the school. The dedication of the pathway easement will ensure that the path, which is an essential link between the neighborhoods, will continue to be accessible to the public. Pedro noted that the applicants are requesting that the school be permitted to keep the pedestrian gates locked during school hours for safety and security concerns. Pedro explained that the Parks and Recreation Department have been working with the school for a voluntary agreement for shared facilities. This is not a part of the Conditional Use Permit. Councilmember Kerr requested clarification regarding requiring the Town's use of the facility as a condition of approval for the Conditional Use Permit. City Attorney Steve Mattas explained that there was no nexus for asking for use of the fields. OPENED PUBLIC BEARING Scott Riches, President Pinewood School, addressed Council. He offered to answer any questions Council might have regarding the application. He explained that he has been in discussions with Jimmy Forbis, Parks and Recreation Supervisor for the Town, regarding the use of Pinewood's playing fields for three weeks (Monday-Friday) during the summer months. Riches requested an amendment to Condition #9 that would allow the school to use outdoor sound amplification five times a year. They would like to use this for graduation, their Open House, etc. He noted that their request to keep the gates closed 20 City Council Meeting Minutes November 20,2003 during school hours was also for the security of the surrounding neighbors, explaining that they have a closed campus policy and do not want students venturing off campus and into the neighborhoods. Karen Amer, St. Francis Drive, thanked the Council for their consideration of the neighbors concerns about noise from the school. Chris Vargas, resident, explained that he understood the need for the fence around the private school. Public schools have a sense of community ownership that is not apparent with private schools and they are more likely to be victims of vandalism. Vargas added as Pathways Committee Chair, it is vital to keep this pathway link open and accessible to the public. CLOSED PUBLIC HEARING Council was informed that the proposed agreement for the use of Pinewood School's fields would be an exchange for use of the Town's Little League fields. Council discussed the possible requirement of asking the applicant to mitigate the fence with landscaping. Council determined it was not a viable condition. Riches said that the school would investigate,voluntarily, improving the appearance of the fence. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Fenwick and passed by the following roll call vote to approve the Site Development Permit and the Conditional Use Permit subject to the recommended conditions of approval (Attachments I and 2) with the following modification: the school will be permitted to use outdoor sound amplification a maximum of five times a year during daylight hours not to exceed four hours per event. AYES: Mayor Cheng,Mayor Pro Tern O'Malley, Councilmember Fenwick, Councilmember Kerr and Councilmember Warshawsky NOES: None ABSENT: None ABSTAIN: None Council adjourned to Closed Session at 11:55 p.m. 12. CLOSED SESSION CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: Government Code Section 54956.9(a): Campbell and Ligeti v. Town of Los Altos Hills CLOSED SESSION: Pursuant to Government Code Section 54956.8: Conference with Real Property Negotiator- Property:—APN 182-19-011 Agency Negotiators: Maureen Cassingharn and Mayor Pro Tem O'Malley Negotiating Parties: Town of Los Altos Hills and Friends of Westwind,Inc. Under Negotiation: Terms and Conditions related to Lease of Property 21 City Council Meeting Minutes November 20,2003 TOWN OF LOS ALTOS HILLS October 16, 2003 Staff Report to the City Council RE: ZONING AMENDMENT TO EXEMPT SYNTHETIC TURF MATERIAL FROM DEVELOPMENT AREA CALCULATIONS WHEN USED, IN ATHLETIC FIELDS AT COMIVIUNITY RECREATIONAL FACILITIES AND SCHOOLS (SECTION 10-1.502.B.2,DEVELOPMENT AREA) FROM: Debbie Pedro, Associate Planner APPROVED BY: Carl Cahill,Planning Director RECOMMENDATION: That.the City Council: Review and adopt the attached ordinance amending Section 10-1.502.B.2 of the Los Altos Hills Municipal Code (Development Area) and approve the initial study/negative declaration. BACKGROUND On September 18, 2003, the City Council reviewed and voted to introduce the ordinance amending Section 10-1.502 (Development Area) of the Zoning Code to exempt synthetic turf from development area calculations when used in athletic fields at public recreational facilities and schools. The proposed ordinance amendment and previous staff report dated September 18, 2003 are attached for the Council's review. ATTACHMENTS 1. September 18, 2003 City Council staff report and initial study/negative declaration. 2. Proposed Zoning Ordinance amendment to Section 10-1.502 (Development Area) of the Los Altos Hills Municipal Code cc: Scott Riches Roshy Mozafar Pinewood School Beals Sport 26800 Fremont Road 2455 The Alameda, Suite 200 Los Altos Hills, CA 94022 Santa Clara, CA 95050 the ballot that was subsequently supported by the voters. Cervantes added that in order to maintain the same high quality of library service in our community, it will be necessary to renew the benefit assessment. The ballot measure most likely will go before voters in March 2004. The Library JPA at their October meeting will determine the assessment rate, term and cost-of-living escalator. This will be followed by public hearings on the ballot measure and eventually it will go before the voters. Cervantes asked the Council for their support to renew the benefit assessment. 3. PLANNING COMMISSION REPORT Planning Director Carl Cahill reported that the Planning Commission had met on October 9, 2003 and considered the following items: a Conditional Use Permit for a Cingular Wireless installation on an existing utility pole, the Commission recommended approval with the Condition of Approval that if the utilities at that location are undergrounded, the phone service will be responsible for undergrounding their utility (this will be forwarded to Council for their approval); a request to vacate a public off-road path easement and an offer of dedication of off-road pathway easements, Lands of Kerns, the Commission accepted the Pathway Committees recommendation on this item and recommended approval of this request and this will be forwarded to Council for review and, Lands of Rule,was continued to a future meeting. Cahill added that the Planning Commissioners discussed their Joint Meeting with the Council under New Business. They are seeking Blear direction from the City Council on the types of water conservation measures they would like implemented. Cahill will prepare a staff report for Council discussion on this issue for a future meeting. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and passed unanimously to approve the consent calendar, specifically: 4.1 . Approval of Minutes: Regular City Council Meeting October 2, 2003 4.2 Review of Disbursements: 09/24/2003 — 10/08/2003 $282,812.47 4.3 Notification of Fast Track Approval: A Request for a Site Development Permit for an Addition; Lands of Hanttula, 26787 Robleda Court (13-03-ZP-SD-GD) 4.4 Adopt the Negative Declaration and Adopt the Ordinance Amending the Los Altos Hills Municipal Code Section 10-1.502.13.2. (Development Area) Ordinance 431 4.5 Approval of Resolution Supporting the Santa Clara Valley Water Resource Protection Collaborative Reso# 78-03 4.6. Approval of a Resolution Endorsing VTA's Community Design and Transportation Program and its Manual of Best Practices for Integrating Transportation and Land Use Reso #79-03 2 City Council Special Meeting Minutes October 16,2003 TOWN OF LOS ALTOS HILLS September 18, 2003 Staff Report to the City Council RE: ZONING AMENDMENT TO EXEMPT SYNTHETIC TURF MATERIAL FROM DEVELOPMENT AREA CALCULATIONS WHEN USED IN ATHLETIC FIELDS AT COMMUNITY RECREATIONAL FACILITIES AND SCHOOLS (SECTION 10-1.502.B.2,DEVELOPMENT AREA) FROM: Debbie Pedro,Associate Planner APPROVED BY: Carl Cahill,Planning Director RECOMMENDATION: That the City Council: 1. Adopt the proposed Negative Declaration and introduce for first reading the proposed amendment to Section 10-1.502.b.2 of .the Los Altos Hills Municipal Code (Development Area); OR 2. Direct staff to revise the ordinance amendment as deemed appropriate. BACKGROUND The proposed zoning ordinance amendment is being initiated by Pinewood School as part of their Site Development application to replace an existing grass soccer field with FieldTurf, an artificial turf material- The new generation of artificial turf, which provides an improved play surface and minimal maintenance, has become widely popular in recent years, particularly in athletic field applications. Staff has included several recent newspaper articles on the subject for Council review (Attachment 2). According to the current zoning ordinance, synthetic turf counts as development area and the installation of a synthetic turf soccer field at Pinewood School will result in total development area which far exceeds the allowable Maximum Development Area (MDA) for the property. Since an athletic field is an inherent element of most recreational and educational facilities, requiring the sizable field to be counted as development area would present practical difficulties in complying with the Town's Maximum Development Area requirements. Therefore, it is proposed that the City Council considers exempting the use of synthetic turf material when used under certain specific applications. First, the amended ordinance exempts synthetic turf material only when used on athletic fields in schools and community recreational facilities such as the Littleleague fields and does NOT apply to residential properties. In addition, because the durability of synthetic turf fields may facilitate more frequent and prolonged usage of the facilities, there may be a potential increase of noise impacts to surrounding neighbors. Therefore, development applications involving synthetic turf fields will require a Conditional Use Permit approved by the City Council. Staff Report to the City Council September 18,2003 Page 2 of 3 The Planning Commission reviewed and discussed the proposed Zoning Code amendment during its July 24al 'meeting and voted 5-0 to recommend approval to the City Council the Negative Declaration and proposed Zoning Code amendment with the following changes: 1. Amend the wording in the ordinance to say "Rublic recreational facilities" and "synthetic turf material with natural appearance and drainage characteristics similar to natural turf'. A detailed analysis of the proposed Zoning Code amendment is provided in the staff report to the Planning Commission (Attachment 3). Proposed Zoning Ordinance Amendment Sec. 10-1.502.Development area. (b) Development area. Development area shall be measured in a horizontal plane and shall include the following: (1)Total Floor Area, as defined in Section 10-1.223 of this article: (2) The total area of land covered by structures not counted in paragraph (1) above, such as parking areas, patios, decks, walkways, swimming pools and tennis courts, together with other surfaces comprised of artificially emplaced building materials such as paving, roofing, masonry, stone or wood. Widkways constFuded orneonsol - uidatd b euflding mateFials sueh as loose gravel, tanbar* and other wood chips, and roof ovefhangs unsupported form the ground,are not eounted as development area. (3) The first one hundred (100') feet of driveway, as measured along the center line, closest to the primary dwelling; and (4) That portion of a driveway exceeding twelve (12') feet in width which is located beyond the area described in (3) above. Where there is a common driveway in a driveway easement or a panhandle and the driveway, or a portion of the driveway, serves more than one (1) residence, then using the regulations stated in (3) and (4) above, the amount of driveway area shall be proportioned to the residences based upon use of the driveway. (5) Exemptions: Walkways constructed of unconsolidated building materials such as decomposed granite, tanbark and other wood chips; roof overhangs unsupported from the ground; and synthetic turf material with natural appearance and drainage characteristics similar to natural turf, when used on athletic fields at public recreational facilities and schools, subject to a Conditional Use Permit approval by the City Council. Staff Report to the City Council September 18,2003 Page 3 of 3 SITE DEVELOPMENT AND CONDITIONAL USE PERMITS Pinewood School's request to install a synthetic turf soccer field at the school site will require a Site Development and Conditional Use Permit. If the Council votes to consider the proposed Zoning Code amendment, a second public hearing will be scheduled to consider adoption of the amended ordinance. If the Council votes to adopt the ordinance at the second public hearing, the ordinance will become effective 30 days from the date of its passage after which staff will bring the Pinewood School proposal back to the Council for review. At the time of project review, site specific conditions pertaining to Pinewood School including pathway easement dedication and public access to school grounds will be reviewed and discussed. CEQA STATUS Pursuant to provisions of the California Environmental Quality Act (CEQA), staff has prepared an Initial Study/Negative Declaration(Attachment 4). ATTACHMENTS: I. Base specifications and section of synthetic turf field system 2. Newspaper articles on synthetic turf fields 3. Planning Commission staff report dated July 24, 2003 4. Initial Study/Negative Declaration 5. Minutes from July 24, 2003 Planning Commission meeting cc: Scott Riches Roshy Mozafar Pinewood School Beals Sport 26800 Fremont Road 2455 The Alameda, Suite 200 Los Altos Hills, CA 94022 Santa Clara, CA 95050 11. PUBLIC BEARINGS P 11.1 Lands of Pinewood School, 26800 Fremont Road (85-03-ZP-SD-CUP); A 0 request for a Zoning Amendment to exempt synthetic turf material from development area calculations when used in athletic fields at community recreational facilities and schools(Section 10-1.502.b.2 Area) Planning Director Carl Cahill introduced Associate Planner Debbie Pedro to Council. Pedro explained that Council had before them a proposed zoning ordinance amendment that is being initiated by Pinewood School as part of their Site Development application to replace an existing grass soccer field with a synthetic material. Fieldturf is a new generation of artificial turf that provides an improved play surface and minimal maintenance. The current zoning ordinance counts synthetic turf as development area. The proposed amended ordinance would exempt synthetic turf material only when used on athletic fields in schools and community recreational facilities and does not apply to residential properties. In addition, applications involving synthetic turf fields will require a Conditional Use Permit. Pedro added that if the zoning amendment is adopted, staff would return to Council with the application from Pinewood School for their Site Development and Conditional Use Permit, At that time, site specific conditions pertaining to Pinewood School including pathway easement dedication and public access to school grounds will be reviewed and discussed. Planning Director Cahill noted that the product has been reviewed by the Santa Clara County Water District and has been approved for use. OPENED PUBLIC HEARING Scott Riches, President of Pinewood School, addressed Council. He explained that the school was seeking this amendment to the Town's code to offer the students a viable option for their playing fields. The school is concerned about the students safety and the aesthetics of the field. Mr. Riches shared a display of the product with Council. It showed the material and the drainage system that is used with the product. Riches added that the cost of the field is approximately $10 square foot ($750,000) and has a life expectancy of 8-10 years. At that time, replacement of the top layer is the only requirement and would cost approximately half of the initial expenditure. Ginger Summit, Pathway Committee Member, stated that this was a nice alternative to the heavy water demands of a playing field of grass. She added that she would like Council to consider public access be included in the Conditional Use Permit when the project returns to Council for review. Tyler Mosher, 26653 Snell Lane, Pinewood student and soccer team member addressed Council. He has played on the synthetic turf and noted that Pinewood students and athletes would use and enjoy the fields. 7 City Council Meeting Minutes September 18,2003 CLOSED PUBLIC HEARING MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Kerr and passed by the following roll call vote to adopt the Negative Declaration and to introduce the zoning amendment to exempt synthetic turf material from development area calculations when used in athletic fields at community recreational facilities and schools. Section 10-1.502b.2 of the Los Altos Hills Municipal Code and to waive further reading beyond the title. AYES: Mayor Cheng,Mayor Pro Tern O'Malley, Councilmember Fenwick, Councilmember Kerr and Councilmember Warshawsky NOES: None ABSENT: None ABSTAIN: None Council adjourned to Closed Session at 7:25 p.m. 12. CLOSED SESSION CLOSED SESSION: Pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: Government Code Section 54956.9(a): Campbell and Ligeti v. Town of Los Altos Hills CLOSED SESSION: Pursuant to Government Code Section 54956.8: Conference with Real Property Negotiator- Property:—APN 175-56-3 Agency Negotiators: Maureen Cassingliam,and Steve Mattas Negotiating Parties: Town of Los Altos Hills and Purissima Hills Water District Under Negotiation: Terms and Conditions related to Lease of Property The City Council reconvened to the Regular City Council Meeting at 7:45 p.m. The City Council provided direction to staff and no action was taken. 13. ADJOURNMENT The Regular City Council Meeting of September 18,2003 was adjourned at 7:45 p.m. 8 City Council Meeting Minutes September 18,2003 TOWN OF LOS ALTOS HELLS July 24, 2003 Staff Report to the Planning Commission RE: ZONING AMENDMENT TO EXEMPT SYNTHETIC TURF MATERIAL FROM DEELOPMENT AREA CALCULATIONS WHEN USED IN ATHLETIC MELDS AT COMMUNITY RECREATIONAL FACILITIES AND PRIVATE SCHOOLS (SECTION 10-1.502.B.2, DEVELOPMENT AREA); SITE DEVELOPMENT PERMIT FOR GRADING, DRAINAGE IMPROVEMENTS, AND INSTALLATION OF SYNTHETIC TURF SOCCER FIELD; CONDITIONAL USE PERMIT AMENDMENT FOR PINEWOOD PRIVATE SCHOOL; LANDS OF PALO ALTOS UNIFIED SCHOOL DISTRICT, 26800 FREM ONT ROAD;FILE#85-03-ZP-SD-CUP. FROM: Debbie Pedro, Assistant Planner-)>.?. APPROVED BY: Carl Cahill,Planning Director RECOMAMNDATION: That the Planning Commission: 1. Review and comment on the proposed zoning amendment and forward a recommendation of approval to the City Council for the proposed amendment to Section 10-1.502.b.2 of the Los Altos Hills Municipal Code(Development Area); and 2. Review and forward a recommendation of approval to the City Council for the Conditional Use Permit amendment and the requested Site Development Permit for grading, drainage improvements, and installation of a synthetic turf soccer field. BACKGROUND The applicant is requesting an amendment to the Development Area ordinance to exempt synthetic turf materials from development area calculations when used for a school athletic field. Concurrently, the applicant is requesting approval for a Site Development Permit for grading, drainage improvements, and installation of a synthetic turf soccer field. On May 14, 2003, Pinewood School submitted a request to renovate an existing grass soccer field on the subject property with a synthetic turf field that includes a gravel sub- base and drainage system. According to Section 10-1.502 of the Los Altos Hills Municipal Code, the synthetic turf field counts as development area and will result in an additional 73,100 sq. ft. of development area which far exceeds the allowable maximum development area (MDA) for this property. Originally, the applicant submitted a request for a variance to allow the excessive development area; However, in reviewing the complete application and variance findings, it was determined that the findings were not adequate to substantiate the variance request. As a result, the applicant is requesting a zoning amendment to exempt synthetic turf materials from development area calculations in order to construct the new soccer field. Staff Report to the Planning Commission Pinewood School 26800 Fremont Road- July oadJuly 24,2003 Page 2 of 9 DISCUSSION Site Data: Gross Lot Area: 7.08 acre Net Lot Area: 7.08 acre Average Slope: 0.2% Lot Unit Factor: 7.08 Floor Area and Development Area: Area(sq.ft.) Maximum Existing Proposed Increase Remaining Development 106,200 147,858 220,958 (73,100) 0 Floor 42,480 47,485 47,485 0 0 ZONING AMENDMENT The goals and policies in the Land Use element of the General Plan encourage natural vegetation and preservation of the rural characteristics of the Town. It states that "use of land should maintain the rural atmosphere, minimize disturbance to natural terrain, minimize removal of the natural vegetation and create the maximum compatibility of development with the natural environment through site design, architecture, and landscaping." Although synthetic turf is made to resemble real grass, it is not natural vegetation and not compatible with the rural characteristics of the Town. The Town's Development Area Policy is consistent with the General Plan and specifies that no development credit will be granted for the use of semi-permeable materials on tennis or sports courts. Si'nce all properties within the Town falls under the Residential- Agricultural (R-A) zoning designation, all properties including schools and recreational facilities are subject to the same zoning requirements regarding development area. Athletic fields for games and sports are, an integral part of school facilities and community recreational centers. In general, sports fields are sizable structures that take up substantial portions of the site. Requiting synthetic turf fields to be counted as lot coverage would present these institutions with practical difficulties in complying with the Town's maximum development area requirements. With the recent surge in popularity for synthetic turf sports fields, staff anticipates a potential rise in demand for similar installations at other properties within the Town and recommends the Planning Commission consider exempting synthetic turf from development area calculations when used in certain applications. Staff Report to the Planning Commission Pinewood School 2680GFremont Road July 24,2003 Page 3 of 9 Since land use characteristics of educational institutions and recreational facilities are inherently different from residential properties, staff believes that it is not unreasonable to amend the ordinance to exempt the synthetic turf material from NIDA calculations in these limited applications. The proposed amendment alters the following section of the Development Area ordinance: Sec. 10-1.502. Development area. (b)Development area. Development area shall be measured in a horizontal plane and shall include the following: (1)Total Floor Area, as defined in Section 10-1.223 of this article: (2) The total area of land covered by structures not counted in paragraph (1) above, such as parking areas, patios, decks, walkways, swimming pools and tennis courts, together with other surfaces comprised of artificially emplaced building materials such as paving, roofing, masonry, stone or wood. Walkways AA1AFUC+euneonso �' l'.l t d b ild materials .el. as loose rr avel_tanbark a uud vaa er- o etl. .i rehips a 7 and roof OVeFhangs unsuppeFted form the gFound, are not counted as development area. (3) The first one hundred (100') feet of driveway, as measured along the center line, closest to the primary dwelling; and (4) That portion of a driveway exceeding twelve (12') feet in width which is located beyond the area described in (3) above. Where there is a common driveway in a driveway easement or a panhandle and the driveway, or a portion of the driveway, serves more than one (1) residence, then using the regulations stated in (3) and (4) above, the amount of driveway area shall be proportioned to the residences based upon use of the driveway. (5) Exemptions: Walkways constructed of unconsolidated building materials such as decomposed granite, tanbark and other wood chips; roof overhangs unsupported from the ground, and synthetic turf material used in athletic fields at recreational facilities and private schools subject to a Conditional Use Permit approval by the City Council Staff Report to the Planning Commission Pinewood School 26800 Fremont Road July 24,2003 - Page 4 of 9 STIE DEVELOPMENT PERMIT FOR SYNTHETIC TURF SOCCER FIELD The existing grass soccer field located at the southwest corner of the property is approximately 350'L x 250' W in size. The proposal would include the removal of the surface grass layer and approximately 2,000 cubic yards of topsoil. A batting cage located at the northwest corner of the field is proposed to be relocated to the eastern edge of the field adjacent to the tennis courts. The turf is made from a polyethylene and polypropylene blend and placed in a pattern that emulates real grass. The base system consists of aggregate, geotextile filter fabric, and compacted subgrade with a drainage system. The synthetic turf field is designed to ensure rapid drainage which makes the surface playable even in or after heavy rain. Water flows straight through the carpet backing and into the prepared surface, where it will then flow into the drainage system. The engineering department has reviewed the drainage system and determined that this particular installation will not result in a significant increase of water runoff. Section of Synthetic Field System CONCRETE M EDGEBAND - SLOPE OF FfNIS GRADE AND SURFAGc VARIES, FIIRRORRErER TO FLAN5 Ef+GM OTHER. � I a p PERFORATED C GEOTEXTILE FABRIC SUBDRAIN - The new synthetic turf field would be available for multiple field sports including soccer and softball and unlike natural grass, the new field should be able to sustain heavier usage without noticeable degradation. As a result, there is a potential for increased usage of the field. To minimize potential noise disturbances to the surrounding neighbors that may result from intensified use of the field, staff recommends condition of approval #5 prohibiting the school from renting the field to other users not affiliated with the Pinewood School student athletic programs. CONDITIONAL USE PERMIT The City Council originally approved this Use Permit on August 4, 1976. A previous review of this Use Permit was conducted on November 5, 1986. The applicant informed Staff Report to the Planning Commission Pinewood School 26800 Fremont Road July 24,2003 Page 5 of 9 staff that little has changed in the operation and use of the school site since its last review and has submitted a letter summarizing the operation of the school. (Attachment #4) Recommended conditions of approval for the Conditional Use Permit to operate a private school at the site is included for Commission review (Attachment#2). CEQA STATUS In conformance with CEQA requirements, staff has prepared an Initial Study/Negative Declaration (Attachment#3). ATTACHMENTS: 1. Recommended Conditions of Approval for the Site Development Permit 2. Recommended Conditions of Approval for the Conditional Use Permit 3. Initial Study/Negative Declaration 4. Letter from Applicant received on May 14, 2003 5. Worksheets#1 and#2 6. Development plans: site, drainage, topographic cc: Scott Riches Roshy Mozafar Pinewood School Beals Sport 26800 Fremont Road 2455 The Alameda, Suite 200 Los Altos Hills, CA 94022 Santa Clara, CA 95050 Planning Commission Minutes Approved 8/14/03 July 24, 2003 __' age o .. .... 3.3 LANDS OF PINEWOOD SCHOOL, 26800 Fremont Road (85-03-ZP-SD-CUP); A request for a Zoning Amendment to exempt synthetic turf material from development area calculations when used in athletic fields at community recreational facilities and private schools (Section 10-1.502.b.2, Development Area); a Site Development Permit for grading (2,000 cubic yards), drainage improvements, installation of synthetic turf soccer field; and a Conditional Use Permit amendment for Pinewood Private School. (staff-Debbie Pedro) Staff introduced this item by reviewing the staff report as it relates to the conditional use permit. Commissioner Cottrell was concerned with the wording of the exemption where it states "material used in athletic fields at recreational facilities" asking how do they define recreational facilities which was answered by staff (i.e. the little league field). It was suggested adding the word "public recreational facilities" to make it very clear that it is not private sport courts or something similar. Commissioner Mordo asked what was wrong with real grass which was addressed by the Planning Director (looks like real grass without the watering, and low cost annual maintenance, low incident of injuries). Commissioner Kerns did not feel this should be considered for private properties. Commissioner Cottrell felt that perhaps in the future this product could be used for tennis courts and count as 50% allowance for development area. Discussion ensued regarding the look of the product (color). They should stay consistent with a rustic look, natural appearance (green). The Planning Director did not feel they would have many requests for this type of material. Further discussion involved a variance request versus a conditional use permit. OPENED PUBLIC HEARING Scott Riches, President of Pinewood School, 26800 Fremont Road, discussed the primary reason for synthetic turf rather than grass was the safety issue of the field. It will reduce water use and maintenance and it is good during the rainy season. Many Parks & Recreation and schools are going this way. If you are 20 feet away, it looks like real grass. He provided a sample of the product and discussed the life span of the product being resurfaced every 10 years. It was suggested to include in the Use Permit that when the product wears out, it is replaced in a timely manner. Commissioner Kerns questioned one of the conditions of approval requiring leaving the gates open during school hours noting this was not always the case. Mr. Riches responded stating the front gates are always open but it was unclear about the back area by the creek (side gates). If they are not currently open, he will make sure they are in the future. James Moore, contractor for Pinewood School. They specialize in athletic facilities, both natural turf and synthetic turf. This will be their 16`h field over the last three years. He discussed why synthetic is a better application than grass with all year use. Synthetic turf is growing in popularity for a number of reasons, certainly the maintenance issue, saving on long term maintenance, and playability of the surface. Further discussion ensued regarding drainage of the product and the water flowing through the system. Planning Commission Minutes Approved 8/14/03 July 24, 2003 Page 7 - - --- - -- - - Commissioner Kerns reviewed sheet C2 of the plans showing the clear and grub area extending under the drip lines of all the trees which is a concern. It should be limited only to the play field. Mr. Moore was in agreement and will make the necessary changes. Sandy Humphries, 26238 Fremont Road, questioned thought there was not sufficient information to date regarding this material as it relates to injuries because it was so new. She asked if the Town would be liable if injuries occurred. Dot Schreiner, 14301 Saddle Mountain Drive, indicated the applicant is already over in development area and now they will be an additional 73,100 square feet over the maximum development area. When reading the Town's goals and maintaining the rural characteristic of the Town, it has never been policy to consider dollars saved by using a certain type of material. What will come next? This is the type of material that can be used in a very large quantity. She would hope that the goals of the Town would be uppermost in their minds. She noted that no one looked at the pathway at the back of the property which is a public utilities easement which she thought was on the adjacent neighbor's property and leads into Pinewood School. Leaving the gates open is very germane to allow the children to come from that particular pathway at the back of the property during the day. She will look further into the PUE as it might be possible that the Pathway Committee would request a path along that back side. The PUE is being used in a prescriptive manner now and if they can get any of it dedicated, they should do it. Scott Riches, responded to previous comments, stating since this is a new produce there is not a history of 20 to 30 years. In the last five to six years many universities have gone to this product. Regarding the gates being locked, he questioned why the Council recommended leaving the gates open as there is a concern with the school being more accessible to outside persons. Commissioner Kerns felt that perhaps a change in hours would be better. Mr. Riches noted the time could be from 7:30 a.m. to 8:00 a.m. and from 3:00 p.m. to 3:30 p.m. which would help them from a security standpoint. Discussion ensued regarding the PUE and the 1981 Master Pathway Plan. Staff commented that she had reviewed the Lands of Yu, next to this property on Ascension Drive and noted that as a part of their Site Development Permit a pathway easement is required over the PUE and the documents will be reviewed by City Council. Commissioner Clow asked if there are places that people should not go, and what is the basis for having a requirement to leave the gate open (eliminate conditions#13). CLOSED PUBLIC HEARING Commissioner Vitu voiced support of the application as she felt it was a good product. She did not like the language "synthetic turf" as she would not want to see plastic Astroturf rolled out over this type of development area. Commissioner Cottrell agreed. Commissioner Kerns agreed and reiterated the request regarding C2 of the plans correcting the drip lines limited only to the play field. He agreed with deleting condition #13, dealing with gate hours as this is not meant Planning Commission Minutes Approved 8/14/03 July 24, 2003 for the public to go through the school grounds. Let the school decide on the appropriate gate hours. Commissioner Mordo felt this would set a precedent as looking good is very subjective. You may like this brand but the next one may be horrible. He agreed with the suggestion regarding deleting condition #13. He would like to see the pathway easement taken care of as this might be the only opportunity. The'Planning Director indicated they could research the 1981 Master Pathway Plan to see if it does show a pathway in that location and to make sure there is not another pathway that serves the exact same purpose. If they find that the pathway is needed, they can write up that language and bring it up to the City Council as a recommendation. There is a pathway there and in use. They need to determine whose property it's on, and if in fact it is on the 1981 Master Pathway Map. The City Engineer, for clarification, noted there is already a pathway there adjacent to Barron Creek. The path is situated in the PUE (public utilities easement). What the staff is saying is that they are not sure at this point whether the PUE is on the Palo Alto School District property or on the adjacent neighbor's property. This is why they need to verify the location. Chairman Clow clarified the two positions: (1) if PUE is on the Pinewood School property, they will ask Pinewood to turn it into a pathway easement; or (2) it is on someone else's property and they will not ask for anything. He felt condition #13 was the responsibility of the school (delete). There should have some restrictions as far as what type of artificial turf is used (similar to turf in appearance and in drainage qualities). Commissioner Vitu was not comfortable voting on the pathway issue. This was not a part of the application and they are not prepared to vote on it. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Kerns to have the Pathway Committee make recommendations to the City Council regarding a pathway, as discussed. AYES: Chairman Clow, Commissioners Vitu, Mordo, Cottrell &Kerns NOES: None MOTION SECONDED AND PASSED: Motion by Commissioner Kerns and seconded by Commissioner Cottrell to recommend approval to the City Council for a Zoning Amendment to exempt synthetic turf material-from development area calculations when used in athletic fields at community recreational facilities and private schools (Section 10-1.502.b.2, Development Area); a Site Development Permit for grading (2,000 cubic yards), drainage improvements, installation of synthetic turf soccer field; and a Conditional Use Permit amendment for Pinewood Private School, Lands of Pinewood School, 26800 Fremont Road, with the following additions/changes to the conditions of approval: amend the wording in the ordinance to say "public recreational facilities", and add after "synthetic turf material" "with natural appearance and natural drainage pattern similar to natural turf; and remove condition#13. AYES: Chairman Clow, Commissioners Mordo, Vitu, Kerns &Cottrell NOES: None This item will be forwarded to the City Council for a future agenda. 4. OLD BUSINESS