Conditional Use Permit

Permitted Enrollment

Westmont College is permitted an average enrollment of 1,200 students studying on the Montecito campus whether they reside on campus or off campus. This is the number of both resident and non-resident students who can attend Westmont with safety to themselves, without detriment to the public peace, health, safety, and general welfare, and without material adverse effect on the property values in the neighborhood. Westmont College, by executing this permit, hereby indicates its acceptance and recognition that 1,200 students is the ultimate average enrollment that shall ever be permitted for the Montecito campus.

The maximum number of students permitted to live off-campus shall not exceed 280, of which no more than 215 students shall reside in off-campus housing other than Ocean View Apartments. Ocean View Apartments shall be counted as off-campus housing.

A cumulative average enrollment shall be calculated as the midpoint of each regular semester beginning with the Fall Semester of 1989. If the cumulative average enrollment on the Montecito campus ever exceeds al ultimate 1,200 students, it shall be reduced to 1,200 or less within no more than the next four regular semesters. The enrollment of Westmont College on the Montecito campus shall not exceed an absolute maximum of 1,235 students in a semester. A student is anyone enrolled on campus at Westmont College in a class for academic credit, and an employee is anyone paid a salary by Westmont for services performed on campus, other than a student.

Student and Employee Parking Restrictions

No student or employee shall park a licensed motor vehicle on campus without registering such motor vehicle with the college and obtaining a campus parking permit. No parking permit shall be issued to freshman students who live on campus, with the exception of disabled students. All students shall be required to agree, as a condition of their enrollment, that, while they are physically present on Westmont College campus, they will not park a motor vehicle in the vicinity of the Westmont campus except on the campus or at their off-campus residence. The vicinity of the campus is defined as Cold Spring Road, La Paz Road, Chelham Way, Stoddard Lane, Paso Robles Lane, Westmont Road, Circle Drive, Dawlish Place, Cloydon Circle, Sycamore Canyon between Cold Spring and Westmont Roads, and Mountain Drive above the campus. The definition of “the vicinity of the campus” may be expanded by the Montecito Planning Commission after at least one public hearing if the Montecito Planning Commission finds that there is an observed pattern of Westmont students, while they are physically present on the Westmont campus, parking their vehicles on other public roads or in other public areas which are not at their off-campus residence. Prior to each Fall Semester, Westmont shall send a letter to each residence located in the vicinity of the Westmont campus to remind residents of these student and employee parking restrictions and advise residents of a 24/7 Westmont Parking Hot Line telephone number to call to report suspected parking restriction violators.

Monitoring: During the Fall and Spring Semesters, Westmont Parking Enforcement staff shall conduct tours of the campus and the vicinity at random to check for parking violations as follows:

1. Twice each weekday between 8 AM and 3 PM. These are considered peak hours, during which the majority of classes are scheduled.

2. Spot checks shall be performed between 3 PM and 1AM to break the enforcement pattern.

3. Three times each week between 1 AM and 7 AM.

Westmont parking enforcement staff shall tour every street in the vicinity of the Westmont campus at least once each semester week to check for parking violations and issue citations. Westmont shall submit a report to the County of Santa Barbara Permit Compliance staff twice each semester with the following information:

1. Summary of student parking permit violations;

2. List of the calls to the Westmont Parking Hot Line with the status and result of the investigation of each complaint;

3. Report of the number of students who received parking permit violation citations as a result of the routine tours of the vicinity of campus by Westmont parking enforcement staff; and

4. Steps identified to address any problems that arise.

Planning and Development staff shall review the reports and confirm compliance with this condition. As necessary, a MPC hearing shall be held to address any compliance issues arising under this condition.

Traffic Condition (Replaces Parking Program Condition #16 of 90-CP-096). Average DailyTrips on Cold Spring Road.

Summarized

Condition 9 of the CUP comprises six primary elements related to the management of traffic on Cold Spring Rd (CSR).

A. Prior to the commencement of Phase 1 construction Westmont was required to install permanent vehicle counters. One was installed below the lower campus entrance, and the other on CSR beyond La Paz Rd. The difference in counts between those two points (except for the several private driveways between them) represents the traffic generated by the college.

B. During each Traffic Count Year (which runs from graduation one year to the last day of finals for the following year) we will count trips for both Semester Weekdays and All Other Days.

C. The counts for each month will be posted on this website, along with the cumulative year-to-date average in each category. We wil also report our counts to County Planning three times per year, iincluding a final annual report.

D. This table summarizes the limitations on Average Daily Trips (ADTs) applicable to Westmont's traffic on CSR. (For additional details on these limitations, scroll down to see the full text of Section D in Condition 9.)

E. We will not qualify for approval of our Land Use Permits unless we have kept traffic below the thresholds for both of the two years preceding our application for the permit--except that for the first phase the time is measured from the start of the data collection.

F. Penalties for failing to meet the standards can include: extension of the required time between construction phases; institution of a Transportation Demand Management program; limitation on the number of parking permits issued; and so on.

Full Text

A. Install permanent counters. Prior to commencement of construction for Phase 1, WestmontCollege shall install a permanent system approved by County Public Works for measuring daily traffic trips on Cold Spring Road (CSR) in the vicinity of the Westmont College campus for the purpose of counting motor vehicle trips. Counts shall be taken for traffic trips in both directions on Cold Spring Road at a point “above” and a point “below” the campus entrances – specifically, at “Point 1” (a point south of where the new Cold Spring Road entrance to the Westmont College campus will be) and at “Point 2” (a point on Cold Spring Road immediately above its intersection with La Paz Road). Every three months, Westmont shall confirm the functional integrity of the traffic counters and report such findings to the County.

B. Count Westmont Trips on CSR. “Westmont’s CSR Daily Trips” (Westmont’s Cold Spring Road daily trips) shall be calculated as follows: [total daily trips at Point 1] less [total daily trips at Point 2] less [10 daily trips for each residence not a part of Westmont’s CUP with a main driveway between Point 1 and Point 2][See footnote] . Westmont’s CSR Daily Trips shall be averaged for each day in two annual “Periods” to obtain Westmont’s ADTs (average daily trips) in each such Period, as follows:

1. “Semester Weekdays” (Mondays through Fridays) during the Fall Semester and Spring Semester, beginning on the first class day of the Fall Semester of the academic year and ending on the last day of the Spring Semester of the academic year but excluding all weekdays occurring during Thanksgiving Break, Christmas Break and Spring Break, and

2. “All Other Days,” including all Saturdays and Sundays throughout the entire year, all weekdays of the Thanksgiving Break, all weekdays of the Christmas Break, all weekdays of the Spring Break and all weekdays of the Summer Break, beginning on the first day after the end of the Spring Semester each academic year and ending on the last day of the Spring Semester the next academic year.

The “Traffic Count Year” shall refer to the year-long interval beginning on the first day after the end of the Spring Semester each year and ending on the last day of the Spring Semester of the next year. The Traffic Count Year encompasses both the “Semester Weekdays” Period and the “All Other Days” Period.

C. Reporting.

1. Before May 31 of each year, Westmont College shall file a report with County Planning & Development for the prior Traffic Count Year containing (a) Westmont’s CSR ADTs for Semester Weekdays, and (b) Westmont’s CSR ADTs for All Other Days.

2. At least once each month, Westmont College shall post on its website (a) the raw traffic counts at Points 1 and 2 on Cold Spring Road from which Westmont’s CSR Daily Trips are derived, and (b) Westmont’s CSR ADTs year-to-date as of the end of the prior month for Semester Weekdays and for All Other Days. In addition, Westmont shall provide such information to Planning and Development such that Planning and Development may make a report to the MPC concerning Westmont’s CSR ADTs three times per year (after the end of the Summer Period, and after the end of the Fall and Spring academic semesters), or as often as may be directed by the MPC.

3. If (a) Westmont’s CSR ADTs should exceed the All Other Days ADT Limitation by more than 5% as of the end of the Summer Period (i.e. beginning on the first day of the Traffic Count Year and ending on the day before the first day of the Fall Semester), or (b) Westmont’s CSR ADTs should exceed either ADT Limitation by more than 5% through the end of the Fall Semester, then a MPC hearing shall be held at which Westmont shall report what measures it intends to take to reduce Westmont’s CSR ADTs to meet the applicable ADT Limitation before the end of the current Traffic Count Year. The MPC may require additional remedial measures be implemented by Westmont, as are reasonable and may be feasibly implemented, to reduce traffic such that the annual CSR ADTs will not exceed either ADT Limitation by the end of the then-current Traffic Count Year.

4. If Westmont’s CSR ADTs exceed either ADT Limitation during the prior Traffic Count Year, then a MPC hearing shall be scheduled at which Westmont College shall report what measures it intends to take to reduce Westmont’s CSR ADTs below the ADT Limitation in the then-current Traffic Count Year, and during which the MPC shall exercise its powers set forth in “Penalties for Exceeding ADT Limits,” below.

5. If traffic counts at Point 2 ever reach an abnormally high level (more than 2% per year accounting for reasonable growth in accordance with area trends - the 2005 count at that location was approximately 700 ADTs) indicating the potential that Westmont-generated traffic is using Mountain Drive and CSR from the north rather than the typical route from the south, then Planning and Development and the Montecito Planning Commission shall review the information and determine if any changes need to be made to the traffic condition in order to ensure traffic follows normal traffic patterns.

6. If a flaw in data collection is found, the MPC shall have the discretion to impose alternative traffic count methodologies or counting locations in order to ensure ADTs on Cold Spring Road are accurately recorded and monitored.

D. Limitations on Westmont’s ADTs on CSR. The Limitations for Westmont’s CSR ADTs are as follows:

* When there is construction of a Master Plan phase for only a portion of a reporting period, then the applicable ADT Limitations shall be weighted averages based on the number of days of construction and non-construction in the period.

1 This increase in ADTs shall only be authorized if Westmont College obtains occupancy clearances for all buildings scheduled to be completed by the end of the 2010 Spring semester (i.e. Adams Center, Central Plant, and Observatory). If occupancy clearances have not been obtained, the increase in ADTs shall not be authorized until the beginning of the Traffic Count Year immediately following receipt of all applicable occupancy clearances.

2 This increase in ADTs shall only be authorized if Westmont College obtains occupancy clearances for all buildings included as part of Phase I development. If occupancy clearances have not been obtained, the increase in ADTs shall not be authorized until the beginning of the next Traffic Count Year immediately following the receipt of all occupancy clearances for Phase I.

E. Minimum Time Periods for Achieving ADT Limitations to Qualify for Approval of Land Use Permits for Master Plan Buildout:

Westmont shall not qualify for a Land Use Permit for construction of all or any portion of a Phase of Master Plan Buildout unless (a) Westmont’s CSR ADTs are below the applicable ADT Limitations for the two Traffic Count Years preceding approval of the Land Use Permit, or (b) the entire period of the implementation of the CSR trip counts if less than two Traffic Count Years until 10 days before the application for such Land Use Permit.

F. Penalties for Exceeding ADT Limits.

1. If Westmont’s CSR ADTs exceed either ADT Limitation in any Traffic Count Year then the following penalties, affecting both Master Plan Buildout and College operations, shall be automatic:

a. An additional year shall be added to the applicable Quiet Period between Construction Phases (i.e. the then-current Quiet Period if the exceedence occurs during a Quiet Period or the next Quiet Period if the exceedence occurs during a Construction Phase). This penalty shall be cumulative if there are exceedences in more than one year.

b. Temporary institution (time frame subject to MPC’s discretion) of a Transportation Demand Management Program in addition to those programs already in effect and/or intensification of existing programs, resulting in at least 30% of the college’s employees participating in alternative transportation such as walking, biking, vanpooling, or an offsite parking and shuttling service.

2. In addition to the automatic penalties above, if Westmont’s CSR ADTs exceed either ADT Limitation twice within any two Traffic Count Years or three times within any five Traffic Count Years, then a public hearing shall be held by the Montecito Planning Commission at which the Montecito Planning Commission shall have the discretion to impose penalties including but not limited to the following:

a. Temporary limitation (time frame subject to the MPC’s discretion) on the total number of employees and contract workers who are permitted to drive to the Westmont College campus; and/or

b. Temporary limitation (time frame subject to the MPC’s discretion) on the number of parking permits issued for the Westmont College campus; and/or

c. Temporary (time frame subject to the MPC’s discretion) mandatory transportation demand management program in addition to those already in effect and/or intensification of existing programs, resulting in additional employees participating in alternative transportation such as walking, biking, vanpooling, or an off-site parking and shuttling service; and/or

d. Temporary limit (time frame subject to the MPC’s discretion) on the number of special events; and/or

e. Any other requirements that would function to limit college-generated vehicular traffic along Cold Spring Road.

The extent of such actions by the Montecito Planning Commission shall be commensurate with the extent to which the applicable ADT Limitations are exceeded during such Periods.

[Footnote from Section B above] - The calculation of Westmont’s CSR Daily Trips is based on the assumption that each residence with a main driveway between the count points that is not part of Westmont’s CUP generates typical residential daily trips [10 average daily trips]. Should circumstances change such that the average daily trips generated by these residences significantly exceed 10 (e.g., as a result of special events or other uses that change the normal residential use anticipated), then the efficacy of the trip counting method shall be revisited by Westmont, County P&D and the MPC to make any appropriate adjustments to ensure accurate counts of Westmont generated average daily trips on CSR.

Restrictions on Noise for Summer Activities

In order to control non-amplified sound during the summer months, the following shall apply to summer activities. (Summer activities are those which occur beginning with the day following Commencement and ending on that day which immediately precedes the first day of orientation for the Fall Semester):

a. No megaphones, airhorns or “bullhorns” shall be used outside.

b. After 5:00 p.m., the following noise restrictions shall be observed:

(1) No organized group activities will be allowed outside which use synchronized verbal commands or responses (spontaneous cheering is allowed)

(2) No amplified sound systems will be operated outside buildings or enclosed areas (except for weddings and wedding receptions).

c. Between 9:00 p.m. and 7:00 a.m., no outdoor organized group activities shall be permitted, except for jogging and walking.

d. After 10:00 p.m., all windows and doors shall be closed in buildings when music is being amplified for organized group events.

Noise Control Plan

On or before August 1 of each year, Westmont College shall submit to the County Planning and Development Department, Permit Compliance Section, a Noise Control Plan. The Noise Control Plan shall include at least the following:

A. A report of the dates, times, locations and attendance of any scheduled outdoor event and any major indoor event at which significant outside sound generated from inside amplification equipment is suspected (excluding those events customarily incidental to the daily academic program) which include the use of amplification equipment during the previous twelve months. This report shall include a description of speaker locations, amplification equipment control settings, noise monitoring data, if required, weather characteristics, and names and addresses of any complainants. The report shall discuss any written noise control recommendations made by Santa Barbara County Environmental Health Services and Westmont’s analysis of any implemented recommendations.

B. A reasonable projection of the dates and times of amplified outdoor events and any major indoor events at which significant outside sound generated from inside amplification equipment is expected (excluding those events customarily incidental to the daily academic program) for the next twelve months with dates and times of these events, if known, expected attendance, spectator viewing areas, and proposed amplification system and noise monitoring plan details, if any.

C. The Noise Control Plan can be amended during the year by Westmont College upon the submittal of such desired change within 15 days notice to Planning and Development, which shall accept or reject such amendment to the accepted Noise Control Plan.

D. The Noise Control Plan shall be reviewed and accepted or rejected by Planning and Development within thirty days (30) of submission. Planning and Development shall recommend the implementation of any noise control measure it finds is necessary to accomplish reasonable noise control improvement. Westmont College shall provide a written response as to its acceptance or rejection of any Planning and Development recommendation.

E. The use of air horns or other similar devices shall be prohibited, except that similar device may be used for soccer games pursuant to NCAA requirements.

F. The use of amplification equipment shall be limited to intercollegiate athletic events and events specified in the accepted Noise Control Plan.

G. Amplification equipment shall be no louder than is necessary to convey information to the spectators, and in the case of track meets, to the participants, and shall not be used for music (except at musical events) or “play by play” type commentary.

H. Planning and Development personnel shall have access at all reasonable times to the property incorporated in this conditional use permit for purposes of performing sound level measurements, evaluating the adequacy of noise control measures or determining compliance with this Conditional Use Permit.

I. Upon finding by Planning and Development that repeated and/or significant variances from the accepted Noise Control Plan have occurred or are occurring, said agency shall present such information before the Planning Commission for its review and action.

J. Westmont College shall appoint an individual(s) as a Noise Control Coordinator who shall be responsible for the campus noise control program, recording of citizen noise complaints, and for coordination with this agency.