1990-194-Denial Of Request To Construct And Operate Expanded Facilities Including A Health And Fitness Building And Additional Parking Spaces On Property In The R-1:8000 ZoneRESOLUTION 1990 -194
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO
CONSTRUCT AND OPERATE EXPANDED FACILITIES INCLUDING A HEALTH
AND FITNESS BUILDING AND ADDITIONAL PARKING SPACES ON PROPERTY
IN THE R- 1:8000 ZONE
(14855 OKA ROAD - JEWISH COMMUNITY CENTER OF GREATER SAN JOSE)
WHEREAS:
A. M. A. Bamburg has filed an appeal of a decision of the Planning Commission
as follows: denial of a request to construct and operate expanded facilities including a
health and fitness building and additional parking spaces on property in the R- 1:8000 zone
located at 14855 Oka Road and owned by the Jewish Community Center of Greater San
Jose (Conditional Use Permit U- 83 -21C and Architecture and Site Application S- 85 -23B);
and
B. A public hearing was scheduled before the Town Council on June 18, 1990 and
continued to July 16, 1990 and to September 4, 1990 at which date the public hearing was
held.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred in that it
did not have the new information available to them in the new traffic policy and that the
application is for a phase of use contemplated when the Jewish Community Center located
at the Oka Road site.
B. The Town Council hereby further finds that the project would not result in an
intensification of land use with 1/4 mile of the Route 85 corridor in that the project does
not require a General Plan change or a zone change to proceed and that a
recreational /health facility currently exists on the property.
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C. The Town Council hereby further finds that the recreational, health and cultural
benefits of the project outweigh the traffic impact in that the project is of considerable use
and benefit to the community.
D. The Town Council hereby further makes the findings for the granting of a
Conditional Use Permit pursuant to Zoning Ordinance Section 5.20.210 as follows:
1. The proposed uses of the property are desirable since they will provide
desirable recreational, cultural and social facilities that will be of benefit to the
community by serving the public which includes children, seniors and other citizens.
2. The proposed uses will not impair the integrity or character of the zone
since a recreational /health facility currently exists at the site which provides services
to people in the community.
3. The proposed uses will not be detrimental to public health, safety or
general welfare because the uses are intended to increase the physical fitness of the
public, and conditions have been applied to the project to mitigate any impacts which
may result.
4. The proposed uses of the property are in harmony with the various
elements and objectives of the General Plan and the purposes of the Zoning
Ordinance since the uses do not represent an intensification of land use within 1/4
mile of the Route 85 corridor since a recreational /health facility currently exists at
the site. In addition, the uses do not represent a significant change nor detriment
to the residentially -zone community and enhances the educational, cultural and social
capacity of the Town.
E. Based on the foregoing findings, the appeal is granted and Conditional Use
Permit U- 83 -21C and Architecture and Site Application S- 85 -23B are hereby granted subject
to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
i. The athletic club and game field areas shall be available to the entire
community.
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2. A Tree Removal Permit shall be obtained prior to the issuance of a Building
Permit.
3. Hours of all activities shall not be held any late than 11:00 P.M. from Monday
through Thursday, and midnight on Friday, Saturday and Sunday.
4. An agreement shall be kept with the neighboring church to have shared use
of parking.
5. The hours may be extended to 1:30 A.M. on a Friday or Saturday evening not
more often than once a month, without coming before the Town Council.
6. Heavy equipment and compressors used in project construction shall be fitted
with adequate mufflers and enclosures.
7. All mechanical equipment shall be screened from the street.
TO THE SATISFACTION OF THE TOWN ENGINEER:
8. Final grading, drainage, masonry retaining wall, driveway, utility, parking lot
improvement and interim and final erosion control plans shall be provided.
9. A Grading Permit shall be required for grading outside of the footprint of the
building and installation of required erosion and sediment control measures.
10. A soils and geologic report shall be prepared which provides specific criteria
and standards governing site grading, drainage, retaining wall design, and
erosion control. A registered civil engineer, specializing in soil mechanics,
should be included in the group that prepares this report.
11. Any work in the Public right -of -way will require an Encroachment Permit.
12. All documents, contracts, bonds, insurance and fees as applicable, shall be
provided prior to issuance of any permits.
13. The applicant shall sign a five -year Tree Maintenance Agreement with the
Town.
14. A 1603 Permit shall be obtained from the Department of Fish & Game for
proposed improvements in or near riparian areas within their jurisdiction.
15. The applicant shall pay a Traffic Impact Mitigation Fee in the amount of
$138,217.80.
16. Horizontal and vertical controls shall be set by a licensed survey or a
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registered civil engineer for the following items:
a. Pad location
b. Finish floor elevation
C. Foundation corner location
d. Retaining wall, top -of wall elevation, location
e. Toe and tope of cut and fill slopes
17. A Certificate of Lot Merger shall be filed if it's determined that separate lots
exists.
18. In the policy manual of the Jewish Community Center, it shall be a mandatory
requirement that the 13 designated staff members adhere to their respective
work schedules, as revised, as a condition of employment.
19. A copy of the policy manual for the Jewish Community Center shall be
submitted to the Planning Department.
20. Annual hose counts shall be permitted to be conducted at the site by the
Town to monitor the peak hour trips generated from the Jewish Community
Center if complaints arise concerning the traffic at the center.
21. The Jewish Community Center administrator responsible for enforcement of
the traffic mitigation policy shall have enforcement criteria included int he job
description for the 13 designated employees.
22. The applicant shall submit an annual certified report summarizing the
incidence of employee noncompliance with the Jewish Community Center
traffic mitigation policy.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
23. Newly planted trees shall be doubled- staked, using rubber tree -ties and shall
be planted prior to occupancy.
24. All tree care activities shall be accomplished by a licensed, competent tree
care firm as approved by and under the supervision of the Director of Parks,
Forestry and Maintenance Services.
25. Prior to any construction or building permits being issued, the applicant shall
meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. A plan
for such protective fencing demonstrating type and location shall be submitted
to the Planning Director after being approved by the Director of Parks,
Forestry and Maintenance Services. Such fencing is to be installed prior to,
and be maintained during, construction.
26. Landscape plan shall be revised to increase the amount of screening along the
north and west property lines adjacent to the new gymnasium.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY ENVIRONMENTAL
HEALTH SERVICES:
27. Applicant shall submit detailed plans for review and approval of the
kitchen /cafeteria, snack bar, lounge, women's and men's locker room
(including showers and toilet rooms), spa, and wading pool.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of September, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Mayor Thomas J. Ferrito, Joanne Benjamin, Brent N. Ventura
NAYS:
Robert L. Hamilton, Eric D. Carlson
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF
LOS GATOS,
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN OF LOS GATOS