1985-047-Denying Appeal From Planning Commission Approval Of Conditional Use Permit , Architecture And Site Subdivision Applications, And Adding Certain Further Conditions To The Approval -St. Mary's ParishRESOLUTION NO. 1985-47
RESOLUT1014 DENYING APPEAL FROM PLANNING COMMISSION
APPROVAL OF CONDITIONAL USE PERMIT, ARCHITECTURE
AND SITE AND SUBDIVISION APPLICATIONS, AND ADDING
CERTAIN FURTHER CONDITIONS TO THE APPROVAL
(bb Lyndon Avenue -- St. Mary's Parish)
WHEREAS:
George Tobin has appealed a decision of the Planning Commission as
follows: approval of Conditional Use Permit Application U-84-17,
Architecture and Site Application S-84-60, and Sudivision Application
M-84-21 to operate an existing church, elementary school, rectory and uses
accessory to the operation of the church and school; and approval to make
modifications to the facility including the construction of new multi-
purpose and religious education buildings, remove an existing garage and
construct a new garage, and construct new parking facilities on property
in Rl-D zone located at 55 Lyndon Avenue and owned by the Roman Catholic
Bishop of San Jose; and the Negative Declaration for the project; and
A public hearing was held on March 16, 1985;
IT IS HEREBY RESOLVED:
The Town Council hereby finds that the findings of the Planning
Commission were correct as follows:
1. The project will not have a significant impact on the environment
and a Negative Declaration is made.
2. Reasons for denial of the Subdivision proceeding do not exist.
3. Findings for the Conditional Use Permit:
a. The proposed uses of the property are essential or
desirable to the public convenience or welfare in that
they are talking about religious education and better
administration of their church with the new buildings.
b. The proposed uses will not impair the integrity or char-
acter of the zone because the church has existed there
for, so many years and the expansion would be on the
interior of the property (and not expanding outward into
the neighborhood).
C. The proposed uses will not be detrimental to the public
health, safety, or general welfare with the mitigation
measures (striping, educational program urging people
to park off-street, gates for different exits).
d. The proposed uses are in harmony with the various elements
and objectives of the General Plan and the Zoning Ordinance
because a church is allowed in any zone and this church was
there before the Town was incorporated.
The Town Council further finds that the decision of the Planning
Commission was correct to approve Conditional Use Permit Application
U-84-17, Architecture and Site Application S-84-60 and Subdivision
Application M-84-21 and the decision to make the negative declaration on
the project. The conditions of the approval are as follows:
1. A parcel map shall be filed to the satisfaction of the
Town Engineer merging the existing eight lots into two
lots.
2. If the cul-de-sac proposal is approved, the owner of the
property shall apply to the Town Engineer for abandonment
of the portion of Lyndon Avenue required for this project.
Commission approval of this application constitutes the
finding that the abandonment of Lyndon Avenue is consistent
with the General Plan and the Downtown Specific Plan and no
further referral by the Town Council is necessary.
3. Dedication of the following rights-of-way shall be made to
the satisfaction of the Town Engineer:
a. Lyndon Avenue. Fifty foot wide right-of-way with a
40-foot radius cul-de-sac bulb.
b. Easements for storm and sanitary sewers and other
utilities.
4. The following improvements shall be guaranteed by contract
and bond to the satisfaction of the Town Engineer:
a. Lyndon Avenue. Portland c%ient concrete curb, gutter,
and six-foot wide sidewalk, asphaltic concrete paving
to create a 32-foot curb radius cul-de-sac bulb and
six-foot wide sidewalk with a 35-foot curb-to-curb
street width beyond the cul-de-sac bulb, installation
of storm drainage catch basins, new electrolier, sani-
tary sewer manhole, and sanitary sewer lateral with
property line clean-out.
b. Tait Avenue. Repair of all cracked and broken sections
of Portland cement concrete curb, gutter and sidewalk.
C. Bean Avenue. New driveway approach and repair of
cracked and broken sections of curb, gutter and
sidewalk.
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5. Grading, drainage, curb, gutter and sidewalk repair, under-
ground utility services, parking lot, parking lot striping,
and parking lot lighting plans with 70-watt high pressure
sodium cut-off style fixtures shall be submitted to the
satisfaction of the Town Engineer.
6. All required fire hydrant installations shall be tested and
accepted by the Central Fire Protection District prior to
the issuance of a Building Permit.
7. All gated areas shall be provided with Fire District
"Heaeco" locking devices.
8. A two-year tree maintenance contract shall be established
for the protection of existing and newly planted trees, to
the satisfaction of the Town Engineer.
9. The paved parking lot that will be used on Sundays will be
made accessible by automobile from Victory Lane.
10. An ongoing weed abatement program or landscape maintenance
program snall be instituted for the project, specifically
along Tait.
11. An educational program to encourage churchgoers to use off-
street patting shall be instituted.
12. Additional screening landscaping shall be provided along the
perimeters of the property to the satisfaction of the Direc-
tor of Parks, Forestry and Maintenance Services.
Based on the foregoing findings, the Council makes the following
decision:
1. The appeal is denied.
2. The project will not have a significant impact on the
environment and a Negative Declaration is made.
3. Conditional Use Permit Application U-84-17, Architecture and
Site Application S-84-6u, and Subdivision Application
M-64-21 are approved subject to We Conditions of approval
set by the Planning Commission and the following additional
conditions:
The maximum number of seats in the church shall be 04;
the maximum number of students enrolled in the school,
grades 1-8, shall be 266; and the maximum number of
employees shall be 2U.
A The Planning Commission shall review the traffic impact
and the adequacy of circulation and parking six (6)
months after the completion of the improvements.
IMN
Applicant to revise landscaping plan to replace
ficus trees with larger trees and to plant coni-
fers around the perimeter, especially on Victory
Lane, Bean Avenue and Tait Avenue, subject to review
by the Director of Parks, Forestry and Maintenance
Services.
16. The success of the education program concerning parking
and alternatives will be reviewed by the Planning
Con-mission six (6) months after the completion of the
improvements.
Pursuant to Los Gatos Town Lode Section 1-15, the time for seeking
judicial review for the Town Council decision is governed by California
Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 8th day of April 1985
by the following vote:
ATTEST:
CLERK
AYES: COUNCILMENBEkS Eric D. Carlson, Terrence
J. Daily, Thomas J. Ferrito, Brent N. Ventura
and P1a.yor Joanne Benjamin
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
MAYOR OF-THE _
NE T OF LOS GATOS
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