Enforceable Restrictions

The community deserves protection from the significant impacts generated by institutional operations in our residential neighborhoods.  Because of BHA’s standing in the community, we have a long history of protecting our members from unreasonable development. That includes enforceable agreements with Brentwood School and Archer School that restrict vehicle trips, enrollment, number and time of Special Events, and future development. These agreements are legally binding and are in addition to the Conditional Use Permits with the City. While we believe the City should protect the community by applying conditions followed by other private schools in Brentwood, it is not a guarantee.  That is why BHA has had a seat at the table discussing MSMU with our Councilmember and the School since 2016. BHA has the continuity and resources to make sure that unreasonable impacts are mitigated.

Currently, MSMU has operated without effective and enforceable constraints on its enrollment, events, traffic and vehicle trips, and other impacts. As we did with Archer School for Girls and Brentwood School, BHA would like to enter into a private agreement with MSMU that would include all or some of the following terms. A private agreement gives us the opportunity to monitor and enforce its provisions — very important in view of the City’s history of lack of enforcement.

  1. Length of agreement
  2. New building(s) size and use; restrictions on future development
  3. Enrollment cap, including full time, part time, graduate, Doheny campus
  4. Busing requirements, including restrictions on routes, number, size of buses
  5. Daily trip cap through gate; electronic monitoring
  6. Number and hours of athletic events, extracurricular activities, special events
  7. Restrictions on guest vehicles for No. 6
  8. Construction mitigation, including days, hours and routes
  9. Restrictions on outside use of campus, such as filming, weddings
  10. Parking restrictions, including regarding residential streets, parking fees to students
  11. Restrictions on lighting and signage visible from residences
  12. Monitoring violations of restrictions and damages for violations
  13. Reporting and communication with community and City
  14. Restrictions on Uber, Lyft, etc., drop off and pick-up
  15. Emergency evacuation plans

Additional Specific Conditions

  • Enrollment Cap of 1,072 (not based on parking spaces, but a definite number)
  • No summer camp program or any other programming in the summer months
  • Wellness Pavilion programming for students, faculty and staff ONLY
  • No additional programming of Wellness Pavilion for outside guests
  • No weekend use of the campus for non-students
  • Limits on the size and number of special events
  • Reduction in daily vehicle trips from 2018 levels– NOT the higher 2016 levels
  • PM peak hours defined as 3pm to 7pm
  • No filming permitted on campus
  • Vehicle Trip Caps that apply to all vehicles arriving to campus between 3:00pm and 7:00pm
  • Annual monitoring by a third party of compliance with trip caps (through car counts, logs from security regarding pedestrian access) as well as annual reports from an electronic parking reservation system that shows compliance with use and access of allowed vehicles.
  • Required Plan Approval one year after the Certificate of Occupancy to verify monitoring, enforcement and compliance with all mitigation measures with a report submitted to the Brentwood Homeowners Association.
  • Penalties for noncompliance with restrictions and conditions