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1996-018-Deny A Request For Approval Of A Master Plan For The Future Expansion Of A Church Facility In The R-1:8000 With ConditionsRESOLUTION 1996 - 18 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO FOR APPROVAL OF A MASTER PLAN FOR THE FUTURE EXPANSION OF A CHURCH FACILITY IN THE R- 1:8000 (PREZONE) WITH CONDITIONS; CONDITIONAL USE PERMIT APPLICATION U- 94 -67; NEGATIVE DECLARATION ND -94 -4. (PROPERTY ADDRESS: 16330 LOS GATOS BOULEVARD PROPERTY OWNERS AND APPELLANT: CALVARY BAPTIST CHURCH) WHEREAS: A. This matter came before the Council for public hearing on January 16, 1996, on an appeal by the property owner from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. The Council received additional public comment at its meeting on February 5, 1996. B. The Council received testimony and documentary evidence from the property owner and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet attached to the Council Agenda Reports dated January 5, January 16, January 31, and February 5, 1996, concerning this application. C. Much of the information and the proposed design changes that the Council received were not available to the Commission and were the result of extensive discussions between the property owner and the surrounding residents and property owners. D. The Council is approving this application in part because the property owner has assured the Council that it has no plans for any further expansion beyond that proposed in this master plan. As expressed and confirmed in the letter to the Town from Dr. Fred A. Wilson, Senior Pastor, Calvary Baptist Church, dated February 20, 1996 (a true copy of which is attached as Exhibit C hereto), there shall not be any further church expansion on or along Robie Lane toward Shannon Road. E. The current and proposed use is desirable to the public convenience and welfare in that it provides much needed facilities for children, youth, and families. F. The use as approved and conditioned will not impair the integrity and character of the zone (R- 1:8000) because much of the use is already in existence, and the removal of traffic from Robie Lane, increased on -site parking, enhanced landscaping, and other conditions imposed will mitigate the impacts on the zone. G. The proposed use is not detrimental to the public health, safety, or general welfare. H. The house proposed for demolition is not architecturally or historically significant, and the property owner does not wish to retain the structure. I. The proposed vacation of portions of Robie Lane in order to realign the roadway so that a cul -de -sac can be formed will result in a safer, more attractive, and more efficient street and is consistent with the Town's General Plan. J. Before issuance of any building permits for the proposed master plan, Architecture and Site Approval must be obtained from the Town for the new construction, and in particular, the lighting for the parking areas shall be reviewed in the Architecture and Site Approval process to ensure minimal impact on surrounding properties. K. The Planning Commission was compelled by the State Permit Streamlining Act to take final action on this application, although some of the Commissioners expressed a desire to seek a redesign of certain aspects of the plan before taking action, and therefore did not have the discretion by law to seek a redesign such as is approved in this decision. L. The planning process has resulted in significant redesigns of the master plan to accommodate concerns of the community, the Commission, and the Council, and given the extensive examination of all the issues by both the Commission and the Council and the complete record before the Council, it does not appear necessary or appropriate to extend the process by referring the matter back to the Commission. 2 RESOLVED: 1. The appeal of the decision of the Planning Commission on Conditional Use Permit Application U -94 -67 and Negative Declaration ND -94-4 is granted pursuant to this decision. 2. The Negative Declaration ND -94-4 is approved and its mitigation monitoring plan adopted, with the exception that the Town does not find that the requirement for realigning and signalizing the intersection of Nino Avenue, Los Gatos Boulevard, and the property driveway to be the sole burden of the property owner, and instead, the property owner should be and is required to contribute a fair share of the realignment /signalization costs pursuant to the conditions contained in Exhibit A. 3. Conditional Use Permit Application U -94 -67 is approved as a Master Plan subject to the Town Code, the conditions attached hereto as Exhibit A, and as generally depicted in the plan attached as Exhibit B. 4. This decision does not and shall not constitute any precedent for permitting churches or schools in residential areas in Town nor in any expansion of such uses, and the Town shall continue to examine each such request on a specific site, design, and historic use basis under the Town Code and Town policies. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state or federal law. 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of February, 1996, by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None t CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4 EXHIBIT A CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -94 -67 TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) The northeast corner of the second story of the new Family Life Center shall be set back at least 107 feet from the property line on Robie Lane as shown on Exhibit B hereto, and the front of the new Family Life Center shall consist of one story elevations for a depth of at least 15 feet along the entire frontage of the Center facing Robie Lane as generally shown on Exhibit B hereto. The maximum height of all buildings shall be 30 feet or less, and the property owner shall use its best efforts to reduce heights to no more than 25 feet as much as possible, with architecture that softens the height and mass through such elements as residential type features (gable ends, etc.) along the Robie Lane elevations and moving the mass away from property lines. Maximum number of seats used for worship shall not exceed 1,680. At least 467 parking spaces shall be provided on site. The maximum square footage of the principal buildings on the property shown on Exhibit B hereto shall be as follows: Auditorium 34,012 Multi- Purpose Building 25,644 Friesen Hall (on 2 floors) 39,388 Family Life Center (on 2 floors) 39,026 4. Uses of the church may include ministry services for all ages, a day care center and a counseling center. The church may also make its facilities available to numerous businesses, neighborhood, and community groups for holding meetings and similar activities. 5. A tree removal permit shall be obtained prior to the issuance of any permits. 6. A sound wall shall be constructed around the perimeter of the new parking lot in the southern portion of the property at the end of Robie Lane. The wall shall be six feet high, contain no gaps, and be constructed of masonry. The wall shall be subject to GPI Architecture and Site Approval by the Development Review Committee of the Town before issuance of any permits. 7. The applicant shall recycle as much of the demolished buildings as possible and submit receipts from the recycle company(s) which specify the type and weight of material turned in to be recycled prior to the demolition inspection. 8. Maximum hours of operation shall be from 7 a.m. to 10 p.m., Sunday through Thursday, and from 7 a.m. to midnight, Friday and Saturday. No more than 28 times during the calendar year, these hours may be exceeded for special events, which are seasonal activities, holidays, drop -off and pick -up for trips, occasional youth overnighters, and /or cleanup /setup for events. Staff arrival and departure may also exceed the hours limitation on a reasonable basis only. 9. The property owners shall ensure that at least one person monitors the use of the parking lots on Friday and Saturday nights to ensure that vehicles are directed to park first in the southern parking lot area nearest Los Gatos Boulevard as generally shown as the shaded area in Exhibit B hereto. 10. The property owner shall ensure that all buses that are idling or picking up or dropping off passengers or equipment shall do so only in the Bus Loading Area shown on Exhibit B hereto, except: A. Buses may idle at the Bus Barn shown on Exhibit B hereto for no more than the time necessary to pressurize the air brakes to 100 pounds and de -ice the window, which should never be more than 15 minutes. B. Buses may be idle in or near the Bus Barn on a sporadic basis and no longer than necessary in connection with service to the buses. C. Until such time as the driveway improvements to the Bus Loading Zone shown on Exhibit B hereto are completed, bus loading may occur in the Interim Bus Loading Zone located between the Multi- Purpose Building and the Koininia Building as shown on Exhibit B hereto. (Engineering Section) 11. Final grading, drainage, driveway, utility, and interim erosion control plans shall be submitted separately to the Engineering Section of the Planning Department. 12. A Grading Permit will be required for the construction of the new parking lot. 13. All fees, as applicable, are to be paid before issuance of any permits. A -2 14. A well information questionnaire (available through the Counter Technician) shall be completed. 15. The following shall be dedicated: a. Robie Lane: a 32 -foot radius cul -de -sac. b. Emergency Access Easement: Twenty (20) feet wide from the end of Robie Lane through the parking lot to Los Gatos Boulevard. 16. The following improvements shall be guaranteed by contract, Faithful Performance Security, and Labor & Materials Security, and completed prior to the occupancy of the remodeled Friesen Hall or the new Family Life Center, whichever occurs first: a. Robie Lane cul -de -sac: Curb, gutter, sidewalks, street light, tie -in paving, signing, and striping, as required. 17. All documents, contracts, security, and fees, as applicable, are to be provided before the issuance of any building permits. 18. Insurance holding the Town harmless is to be provided before the issuance of any building permits. 19. Payment of a Traffic Impact Mitigation Fee based on then- current Town Council Resolution for 300 new average daily trips. Current fee would be $24,000. 20. If a traffic signal at the intersection of Los Gatos Boulevard and Nino Avenue is included in the Town Capital Improvement Program, payment of 25 % of the cost of the signal (not to exceed $30,000) shall be made prior to the issuance of the first building permit for either the remodeling of Friesen Hall or the construction of the new Family Life Center. 21. Eliminate vehicle access to Robie Lane except for police and fire emergency access. Gates of a height that is both consistent with the adjacent fencing and safe practice shall be used to prevent access at the driveways, and the locking mechanisms on the gates shall be subject to prior approval by the Los Gatos Police Department and the Central Fire District. 22. Property owner shall apply for abandonment of the unused portion of Robie Lane, and pay appropriate fees. 23. The new parking lot at the end of Robie Lane shall be open for church services and large special events as an overflow lot only; a gate at least 6 feet high shall be installed to control access to the lot, and the gate shall be closed so that vehicle access is prevented during all other times. The locking mechanism on the gate shall be subject to prior approval by the Los Gatos Police Department and the Central Fire District. A -3 24. A gate at least 6 feet high shall be installed to control vehicle ingress and egress from the driveway from and to Shannon Road. The gate shall be closed at 8 p.m. each evening and opened no earlier than 7 a.m. the following morning. The locking mechanism on the gate shall be subject to prior approval by the Los Gatos Police Department and the Central Fire District. When a traffic signal is installed at the intersection of Nino Avenue, Los Gatos Boulevard, and the property driveway to the Boulevard, the gate shall be closed at 5 p.m. each evening and opened no earlier than a.m. the following morning. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE DIRECTOR 25. All impervious surfaces encroaching under the dripline of existing trees shall have aeration tubes installed. 26. No construction or grading shall take place within the dripline of existing trees. 27. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 28. Existing trees shall be protected prior to and during construction by measures subject to approval by this department. Prior to any building permits being issued, the applicant shall meet with the Parks Superintendent concerning the need for protective tree fencing around existing trees. Such fencing shall be installed prior to and be maintained during construction. 29. This landscape is required to meet Town Code Chapter 26, Article IV (Sections 26.40.010 and following). When the working landscape and irrigation plans are submitted for review, fee will be required based on then- current Town resolution. 30. All new trees shall be planted prior to final occupancy and shall be double staked using rubber tree ties. 31. Any trenching within the dripline of existing trees shall be hand dug. 32. Final landscape plans will be required during the Architecture and Site approval process. Trees proposed for planting shall be a minimum of 24 -inch box in size. 33. The property owner shall execute an agreement with the Town to ensure five years of tree maintenance. 34. Additional buffer trees shall be added along the property line parallel to Loma Street as shown on Exhibit B hereto, and those plantings shall be done at the time construction begins. A -4 TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES 35. Any sections of curb, gutter and sidewalk along the frontage of this property that are currently broken or raised, or any sections damaged during construction, are to be replaced. 36. Sanitary sewer laterals are to be televised by West Valley Sanitation District and approved by the Town of Los Gatos. 37. A sanitary sewer lateral clean -out is to be installed at the property line. 38. A certified asbestos consultant shall conduct a survey of Brown Hall and 16408 Robie Lane prior to demolition activities. 39. The demolition contractor shall use water to control dust as it tears down structures. Demolition activities shall be suspended when winds exceed 25 miles per hour. 40. No more than 12 months shall elapse from the beginning of demolition for the family life center and completion of its construction. 41. All demolition and construction access shall be from Los Gatos Boulevard only. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 42. Provide an allowable area analysis for the new Family Life Center and Friesen Hall combined as one building. Provide a sum of area ratio analysis by use. 43. Provide information regarding the construction type for the new Family Life Center. 44. Based on construction type, an area separation wall may be required between Friesen Hall and the new Family Life Center. 45. Additional on -site fire hydrants may be required. 46. The new Family Life Center and Friesen Hall shall be provided with approved fire sprinklers throughout. A -5 SlIAN14 ROAD n NEW b It GATE n _ W a Q Cg1 (94 107 It INT IM BUS LOAD w -— p S Fui u� _ r5A w, 1 a 32 It RADIUS - � - - � Y SATURDAY NIGNT .S v yry � w 02/261/1996 1b :37 4083561767 CALVARY CHURCH 1='AGE- 01 CALVARY C 1.1 U R C: 14 Honorable Town Council Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Los Gatos Town Council: February 20, 1996 FRED WILIM)N Swim 1 have been the senior pastor of Calvary Church since March of .i 87g. I am the second tenured senior pastor in the forty -eight years of the existence of Calvary Church. My predecessor, Dr. Blaine Bishop led the church for 3C years. [A short four -week pastorate preceded Dr. Bishop which ended with a torminal illness] The master plan currently before the Town of Los Gatos and saaduled for final resolution February 20, 1996 represents for me the full development of the master plan for property currently owned by the church at this time. We understand the strong disapproval of the Town Council of any further development for ministry use of property we currently own or could possibly own in the future on Roble Lane, This letter will be kept in the files of Calvary Church as a record fo1 future church boards, church leadership, and for my successors as Senior Pastor, Since'ely, Gr. Fred A. Wilson Senior Pastor MAXI Las 0411 BLVD. L.as QATas, CA 45032 i lhWm (408) 356 -.5126 EXHIBIT • FAX No, 008? 356 176%