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Staff Report with Attachments 1 through 4.15810 Los Gatos Boulevard PREPARED BY: Jocelyn Shoopman Associate Planner Reviewed by: Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 05/10/2023 ITEM NO: 2 DATE: May 5, 2023 TO: General Plan Committee FROM: Joel Paulson, Community Development Director SUBJECT: Consider a Request for Approval of a Zone Change from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) and a General Plan Amendment to Change the Land Use Designation from Low Density Residential to Mixed Use Commercial for Property Located at 15810 Los Gatos Boulevard. APN: 523- 01-001. An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendment for the property located at 15810 Los Gatos Boulevard. No further environmental analysis is required. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER: Jocelyn Shoopman. RECOMMENDATION: Consider a request for approval of a zone change from R-1:8 Prezone (Single-Family Residential, minimum lot size of 8,000 square feet) to CH (Restricted Commercial Highway) and a General Plan amendment to change the land use designation from Low Density Residential to Mixed Use Commercial, for a property located at 15810 Los Gatos Boulevard. BACKGROUND: The subject parcel is located at the southeast corner of Los Gatos Boulevard and Farley Road (Attachment 1). The property is currently located in an unincorporated area of Santa Clara County. Under Santa Clara County development regulations, the parcel has a zoning of OA (Administrative, Professional Office) and a General Plan land use designation of Urban Service Area Los Gatos. Concurrently with the Zone Change and General Plan Amendment application, the property owner has submitted an Annexation application that is currently under review by the Town and County. PAGE 2 of 5 SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002 DATE: May 5, 2023 BACKGROUND (continued): On June 30, 2022, the Town Council approved the 2040 General Plan, which included modifying the land use designation of the property located at 15810 Los Gatos Boulevard from Low Density Residential to Mixed Use Commercial. On August 16, 2022, signatures were submitted to the Town in support of a referendum on the Land Use and Community Design Elements of the approved 2040 General Plan. Once the referendum signatures were verified by the County Registrar in late September, the 2040 General Plan Land Use and Community Design Elements were suspended in accordance with Elections Code Section 9237. On October 4, 2022, Town Council approved a Resolution to confirm suspension of the 2040 General Plan Land Use and Community Design Elements and provide that the 2020 General Plan Land Use and Community Design Elements govern during the suspension period . The land use designation of this property, based on the 2020 Land Use Element, is therefore returned to Low Density Residential for the period of that suspension. The role of the General Plan Committee (GPC) is to assist the Planning Commission and Town Council on matters relating to the General Plan or any specific plans. As a legislative item, the Planning Commission will make a recommendation to Town Council on the entire project, including the General Plan amendment. DISCUSSION: The following is a brief list of issues and topics for consideration by the GPC. Staff has not reached conclusions on these topics and provides them to help frame the discussion and to solicit input. The main question for the GPC is whether the applicant’s request to change the General Plan land use designation is consistent with the General Plan. A. General Plan Land Use Designations The applicant is proposing a General Plan amendment to change the land use designation from Low Density Residential to Mixed Use Commercial. The proposed Mixed Use Commercial land use designation provides for the following: • A mixture of retail, office, and residential in a mixed -use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants; • Projects developed under this designation shall maintain the smalltown, residential scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential properties; and PAGE 3 of 5 SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002 DATE: May 5, 2023 DISCUSSION (continued): • This designation should never be interpreted to allow development of independent commercial facilities with principal frontage on the side streets. The existing Low Density Residential land use designation provides for single-family residential properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned development. The subject parcel is bound by parcels with a Low Density Residential General Plan land use designation to the east and south (Attachment 1). The parcels to the north and west have a Mixed Use Commercial General Plan land use designation. A table of the surrounding General Plan land use designations is provided below. Existing Land Use Existing General Plan North Commercial Mixed Use Commercial South Residential Low Density Residential East Residential Low Density Residential West Commercial Mixed Use Commercial The property is on the corner of Los Gatos Boulevard and Farley Road with driveway access off of both streets. The adjoining residential properties to the south along Los Gatos Boulevard have access off of Oleander Avenue and the adjoining property to the east has access of off Farley Road (Attachment 1). The present use of the subject property is a dentist office. Under the current regulations, the non-conforming use would be permitted to continue; however, the non-conforming use would be limited in that any modification, such as an increase in the proposed floor area, increase in the required parking, or increase in the number of hours of operation would be considered an intensification of the use which would require approval of a Conditional Use Permit. A proposal to demolish and construct a new commercial building under the same proposed use of a dentist’s office would not be permitted on a residentially zoned parcel. At this time, no modifications to the building are proposed by the applicant (Attachment 2). In addition to the General Plan amendment under consideration, the applicant has also submitted a Zone Change application (Z-23-001) to rezone the property from R-1:8 Prezone to CH. PAGE 4 of 5 SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002 DATE: May 5, 2023 DISCUSSION (continued): B. General Plan Goals/Policies/Strategies Applicable 2020 General Plan goals and policies that will be used to evaluate the proposed General Plan amendment, as well as the Zone Change application, for this site include, but are not limited to the following: Land Use Goals ▪ LU-1 – To preserve, promote, and protect the existing small-town character and quality of life within Los Gatos. ▪ LU-6 – To preserve and enhance the existing character and sense of place in residential neighborhoods. ▪ LU-9 – To provide residents with adequate commercial and industrial services. ▪ LU-12 – To ensure an appropriate mix of land use types along Los Gatos Boulevard in order to maintain the economic vitality of the corridor and continue to serve the needs of Town residents. ▪ LU-13 – To promote appropriate and compatible development along Los Gatos Boulevard that complements the whole Town and serves residents and families. Land Use Policies ▪ LU-1.4 – Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area. ▪ LU-1.8 – Commercial development of any type (office, retail, research and development, etc.) shall be designed in keeping with the small-town character of Los Gatos. ▪ LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos. ▪ LU-6.1 – Protect existing residential areas from the impacts of nonresidential development. ▪ LU-6.2 – Allow non-residential activity in residential areas only when the character and quality of the neighborhood can be maintained. ▪ LU-6.3 – Protect existing residential areas from adjacent nonresidential uses by assuring that buffers are developed and maintained. ▪ LU-6.4 – Prohibit uses that may lead to the deterioration of residential neighborhoods, or adversely impact the public safety or the residential character of a residential neighborhood. ▪ LU-6.5 – The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood. PAGE 5 of 5 SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002 DATE: May 5, 2023 DISCUSSION (continued): Community Design Goals ▪ CD-6 – To preserve, promote, and protect the existing small-town character and quality of life within Los Gatos. Community Design Policies ▪ CD-12.2 – Encourage the preservation, maintenance, and adaptive reused of existing residential, commercial, or public buildings. PUBLIC COMMENTS: As of the drafting of this report, no comments from the public have been received. CONCLUSION: The GPC should consider the existing and proposed General Plan land use designations and make a recommendation to the Planning Commission on whether the proposed General Plan amendment from Low Density Residential to Mixed Use Commercial is consistent with the Town’s General Plan. Attachments: 1. Location Maps (Showing Existing and Proposed General Plan Designations) 2. Letter from Applicant 3. Property Aerial and Photos 4. Property Survey This Page Intentionally Left Blank Low Density Residential Low Density Residential Low Density Residential Mixed Use Commercial Low Density Residential Mixed Use Commercial Low Density Residential Low Density Residential Mixed Use Commercial Mixed Use Commercial Low Density Residential Mixed Use Commercial FARLEY RD CAMELLIA TELOS GATOS BLFRA N K A V OLEANDER AV LER O Y A V 15810 Los Gatos BoulevardExisting Land Use Designation ATTACHMENT 1 Low Density Residential Low Dens ity Residential Low Dens ity Residential Mixed Us e Comme rcial Low Density Residential Mixed Us e Comme rcial Low Dens ity Residential Low Dens ity Residential Mixed Us e Comme rcial Mixed Us e Comme rcial Low Dens ity Residential Mixed Us e Comme rcial FARLEY RD CAMELLIA TELOS GATOS BLFRANK AV OLEANDER AVLEROY AV 15810 Los Gatos BoulevardProposed Land Use Designation ATTACHMENT 2 This Page Intentionally Left Blank ATTACHMENT 3 This Page Intentionally Left Blank ATTACHMENT 4 This Page Intentionally Left Blank