Item 1 - Staff Report Only - 15965 Los Gatos Blvd\..
TOWN OF LOS GATOS ITEM NO: 1
PLANNING COMMISSION STAFF REPORT
Meeting Date: June 26, 2013
PREPARED BY: Erin M. Walters, Associate Planner
ewalters(a),losgatoscJ1.J2:0V
APPLICATION NO.: Conditional Use Permit Application U-13-009
LOCATION:
APPLICANT/
15965 Los Gatos Boulevard, Suite #100 (southwest comer of Placer
Oaks Road and Los Gatos Boulevard, approximately 25 feet west from
Los Gatos Boulevard)
CONTACT PERSON: Tom Consunji/CHL Ventures LP
PROPERTY OWNER: D.R. Horton Bay, Inc.
APPLICATION
SUMMARY: Requesting approval of a Conditional Use Permit for a veterinary
hospital on property zoned CH:PD. APN 529-16-053.
DEEMED COMPLETE: June 3, 2013
FINAL DATE TO TAKE ACTION: December 3, 2013
RECOMMENDATION: Approval, subject to the recommended conditions.
PROJECT DATA:
CEQA:
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Surrounding Area:
Mixed Use Commercial
Commercial Highway/Planned
Development, CH:PD
General Plan
2.04 acres
i Existing Land Use i General Plan ! Zoning
North i Offic;-· I.Mixed Use Commercial ! cf ············-·
East
South
West
Comm._e.rcial i~_fj:"f~;d· Use_ Comm~~cial • 1 C-1
Co~mer~ial j Mix~d Use Co_mmercial I CH I
Residential : Medium Density RM 5-12
l Residential
A Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program were adopted by the Town Council on June 6, 2011,
for a mixed use development. No further environmental analysis is
required for this application.
Planning Commission Staff Report -Page 2
15965 Los Gatos Boulevard, Suite #100 \U-13-009
June 26, 2013
FINDINGS:
ACTION:
EXHIBITS:
BACKGROUND:
■ As required by Section 29 .20.190 of the Town Code for granting a
Conditional Use Permit.
The decision of the Planning Commission is final unless appealed within
ten days.
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Letter of Justification (two pages), received June 3, 2013
5. Site Plan (one page), received June 3, 2013
6. Floor Plan (one page), received April 17, 2013
On June 6, 2011, the Town Council considered a Planned Development (PD) application for a
mixed use project including 30,700 square feet of commercial space and 25 residential units.
The Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, and introduced the PD Ordinance. The PD Ordinance was adopted by
Council on June 20, 2011.
The subject commercial space will be located within the commercial shopping center (the former
Swanson Ford site) on the northwest corner of Los Gatos Boulevard and Blossom Hill Road. The
commercial center is made up of two independent two story buildings which are in the early
stages of construction.
Staff has received Conditional Use Permit (CUP) applications for five different tenant spaces in
the commercial complex. Three CUP applications will be reviewed at this meeting-a bank
(Chase), a restaurant (Philz Coffee) and the subject application for a veterinarian hospital. Two
additional CUP applications for restaurants (Veggie Grill and La Boulange) with alcohol sales
and outdoor dining are incomplete at this time. All uses for this site have been evaluated with
consideration of use compatibly, shared parking, traffic and accessibility. Office, non-formula
retail and personal service are all allowed by right at this site. Formula retail of 6,000 square feet
or greater would require a CUP.
Planning Commission Staff Report -Page 3
15965 Los Gatos Boulevard, Suite #100 \U-13-009
June 26, 2013
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval of a CUP to operate a veterinarian hospital (Adobe
Animal Hospital), on the first floor of a two story building near the corner of Placer Oaks
Road and Los Gatos Boulevard. The veterinary hospital proposes to occupy a 6,073 square
tenant space (Exhibit 6). The veterinarian hospital will provide a full service, animal
hospital offering preventative/routine care, internal medicine, surgical, radiological,
ultrasound and dental services. The business will care for dogs, cats, small pets and
reptiles. The applicant has provided a detailed description of the business operation and
justification for approval (see Exhibit 4).
When reviewing a CUP, the deciding body should consider the information in the
applicant's business plan; however, the key consideration should be the explicit proposed
use since the business plan can change from owner to owner. The explicit use may be, and
is often, defined in the recommended conditions of approval as a "use" condition. The
CUP runs with the land, and the deciding body should review applications based on the
explicit use as opposed to the applicant or the applicant's business plan.
The veterinary hospital would occupy 6,073 square feet of the first floor with an adjacent
and attached 3,057 square foot animal supply retail store. This retail use is allowed by
right and is not part of the CUP. The retail use will support the veterinary hospital but will
also operate independently with different hours.
B. LocatLon and Surrounding Neighborhood
The project site is located at 15965 Los Gatos Boulevard, on the northwest corner of Los
Gatos Boulevard and Blossom Hill Road. The property is adjacent to a two story office
building to the north. Commercial shopping centers are located to the east and south.
Residential homes are located to the west of the proposed veterinarian hospital. A 7,200
square foot park will also be located to the west of the proposed use. The park is associated
with the residential and commercial Planned Development and can be used by both
residents and commercial users.
C. Zoning Compliance
Animal hospitals are allowed in the CH zone with a CUP.
Planning Commission Staff Report -Page 4
15965 Los Gatos Boulevard, Suite #100 \U-13-009
June 26, 2013
ANALYSIS:
A. Hours of Oneration
The applicant is proposing to operate the veterinary clinic with the following hours, 7:00
a.m. to 10:00 p.m. Monday through Friday and 7:00 a.m. to 7:00 p.m. Saturdays and
Sundays.
Initially the applicant does not plan to be open on Sundays, however, Sunday hours have
been included so the applicant will not have to modify their CUP in the future should they
decide to be open on Sundays.
B. Number of Doctors
The applicant has requested a maximum of four veterinarians at any given time. These
limitations are included in condition of approval #5 (see Exhibit 3).
C. Parking
The subject site has 121 onsite parking spaces and 7 shared parking spaces on the adjacent
residential property per the PD Ordinance adopted by Council on June 20, 2011. Section
29.10.150 ( c )(8) of the Town Code requires veterinary hospitals to provide one space for
every 250 square feet, or six spaces for every doctor, whichever is more restrictive. The
applicant is proposing a maximum of four doctors requiring a total of 24 spaces. The total
square footage of the veterinary hospital is 6,073 square feet which would require a total of
24.3 parking spaces. The site currently provides more than the required number of parking
spaces for the proposed uses (128) (see parking table on the following page).
Planning Commission Staff Report -Page 5
15965 Los Gatos Boulevard. Suite #100 \U-13-009
June 26, 2013
Los Gatos Boulevard/Blossom Hill Road
Commercial Center
Parkine Analysis
Required Parkin!! Soaces
Address Business Type Of Square Use Footage Docs Seats Retail Office Bank Med
15965 Los Gatos Boulevard
Suite Adobe medical 6,073 4 24 ,3
100, Animal office
1st Floor Hospital
(pending
CUP)
Suite Adobe retail 3,057 13
102, Animal
1st Floor Marketplace
Suite vacant office 5,652 24
200,
2nd Floor
15991 Los Gatos Boulevard
Suite vacant retail 4,334 18.4
#100
681 Blossom Hill Road
Suite Philz Coffee restaurant 1,611 12
#102 (pending with outdoor max
CUP) dining area
Suite vacant retail 2,109 9
#100
663 Blossom Hill Road
Suite Chase bank with 3,366 14.32
JOO, (pending outdoor
1st Floor CUP) ATM
Suite vacant office 3,373 14.35
200,
2nd Floor
Total
Required 122
Provided 121 (on site)+ 7 (shared with res)= 128
Parking
D. Traffic
Total
24.3
13
24
18.4
4
9
14.32
14.35
122
The proposed use has the same traffic counts as the approved commercial uses that were
approved in the Planned Development. Therefore, no further traffic analysis is required. In
the future if the applicant modifies the mix of uses further traffic analysis may be required.
Planning Commission Staff Report -Page 6
15965 Los Gatos Boulevard, Suite #100 \U-13-009
June 26, 2013
E. Kenneling
The CH zone does not permit kenneling. Overnight boarding will be permitted only when
required for medical purposes (Condition of Approval #7, Exhibit 3).
F. Cremation
The proposed veterinarian operation does not include on-site cremation; therefore,
condition of approval #8 specifies that cremation is not allowed (Exhibit 3).
G. Surrounding Area Maintenance
The applicant will have a regular staff rotation to patrol the parking lot and adjacent 7,200
square foot open space park to pick up animal waste and address any other cleanliness
issues that occur as the patrons bring their animals in and out of the veterinary hospital and
adjacent pet supply retail store (Condition of Approval #9, Exhibit 3). The park will be
owned and operated by the adjacent residential homeowners, although it will also be
accessible to patrons of the commercial uses and therefore will be patrolled by the
applicant.
H. Conditional Use Permit
In order to grant approval of a CUP, deciding body must make the following findings for
the use:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(3) The proposed use would not be detrimental to public health, safety or general welfare;
and
( 4) The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
In regards to the first finding, the proposed use is desirable to public convenience in that it
provides animal hospital service opportunities to Los Gatos residents and their animals. As
required by finding two, the proposed use would not impair the integrity of the zone, in that
the proposed use is a commercial service use and would be located in a commercial zone.
In regards to the third finding, the use would not be detrimental to public health, safety or
general welfare, and the conditions regarding operating hours, surrounding area
maintenance, number of doctors, and delivery times placed on the permit will mitigate
potential impacts. In regards to the final finding, the proposed use is in harmony with the
General Plan and Town Code.
Planning Commission Staff Report -Page 7
15965 Los Gatos Boulevard, Suite #100 \U-13-009
June 26, 2013
I. General Plan
Goals and policies of the 2020 General Plan applicable to this project include but are not
limited to:
• Policy LU-9.6 -Encourage development that maintains and expands resident-oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town.
• Policy LU-12.2 -Encourage a mix of uses along Los Gatos Boulevard, including,
where appropriate, mixed-use parcels that are compatible with surrounding uses.
• Policy LU-13.2 -Commercial activity along Los Gatos Boulevard shall complement
the whole Town and shall provide a dependable source of income, employment
opportunities, goods and services.
• Policy LU-13.4 -New development along Los Gatos Boulevard shall be designed to
minimize adverse impacts on adjacent residential areas.
• Policy TRA-13.3 -Require adequate parking in commercial areas so as not to impact
or affect adjacent residential properties.
J. Environmental Review
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were
adopted by the Town Council on June 6, 2011 for a mixed use development. No further
environmental analysis is required for this application.
PUBLIC COMMENTS:
Written notice was provided to residents and property owners within 300 feet of the project site.
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
Staff has recommended conditions of approval regarding the number of doctors, deliveries,
surrounding area maintenance and operating hours. There would be no traffic or parking
impacts as a result of this project. The proposed use will provide veterinary services for
animals of Los Gatos residents. The proposed use is in conformance with Town Code and
is consistent with the General Plan.
Planning Commission Staff Report -Page 8
15965 Los Gatos Boulevard. Suite #100 \U-13-009
June 26, 2013
B. Recomm~ndation
The Planning Commission should take the following actions to approve the Conditional
Use Permit application:
1. No further environmental analysis is required for this application because a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program were adopted
by the Town Council on June 6, 2011 for a mixed use development. (Exhibit 2); and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Approve Conditional Use Permit application U-13-009 with the conditions contained
in Exhibit 3.
If the Commission has concerns with the application, it can:
1. Approve the application with additional and/or modified conditions of approval; or
2. Deny the application.
~~
Prepared by:
Erin M. Walters
Associate Planner
SB:EW:ct
~
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uy L . .t:Sally, AlCP
Director of Community Develop
cc: CHL Ventures LP c/o Tom Consunji, 203 Redwood Shores Parkway, Suite 200, Redwood
City CA 94065
D.R. Horton Bay Inc., 6630 Owens Drive, Pleasanton, CA 94588-3334
N:\DEV\PC REPORTS\2013\LGB15965-CUP.docx