1998-006 - Granting in part and denying in part an appeal of a Planning Commission decision and remanding in part an applicationRESOLUTION 1998 - 6
ADOPT RESOLUTION GRANTING IN PART AND DENYING IN PART AN APPEAL OF A
PLANNING COMMISSION DECISION AND REMANDING IN PART AN APPLICATION
FOR A TIME EXTENSION FOR AND MODIFICTION OF A CONDITIONAL USE PERMIT
AND ARCHITECTURAL AND SITE APPROVAL FOR THE DEMOLITION OF AN
EXISTING EDUCATIONAL AND RESIDENTIAL BUILDING, CONSTRUCTION OF A
NEW EDUCATION MINISTRY AND MULTI- PURPOSE GYMNASIUM BUILDING,
REMODELING OF EXISTING FACILITIES, AND EXPANSION OF THE PARKING LOT
ON PROPERTY IN THE R -1:8 ZONE.
PROJECT APPLICATION: PRJ -97 -156
PROPERTY LOCATION: 16330 LOS GATOS BOULEVARD
APPLICANT/PROPERTY OWNER: CALVARY CHURCH / STEVE TORRES
WHEREAS:
A. This matter came before the Council for public hearing on January 5, 1998, an appeal
by the applicant from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. On February 20, 1996 the Town Council adopted Resolution 1996 -18 for approval
of a master plan and Condutional Use Permit Application U -94 -67 for the future expansion of Calvary
Baptist Church. The Council approved that application because the property owner had assured the
Council that it has no plans for any furhther expansion beyond that proposed in the master plan.
C. The Applicant filed the Architecture and Site Application to implement the Master
Plan to add a total of 53,039 square feet to an existing church facility on an 8.77 net acre parcel. To
accommodate the addition, a 29,010 square foot building (Brown Hall) is proposed to be demolished.
The applicant also proposes to demolish a 2,041 square foot single family residence and garage on
Robie Lane to construct a new parking lot. The applicant also applied for a modification to the
Conditional Use Permit to allow the square footage of the demolished residence (1,016 sq.11.) to be
incorporated as additional square footage for the multi - purpose building. Finally, the applicant
requests a one -year extension for the Conditional Use Permit since it is unlikely that construction will
commence prior to the permit's current expiration date.
D. The Planning Commission held a public hearing on November 12, 1997, and,
thereafter, considered and approved the application. An appeal was filed on November 24, 1997 on
grounds that the applicant did not reduce heights to no more than 25 feet and that the plan
inaccurately show the full height along Robie Lane.
E. The Council received testimony and documentary evidence from the appellant, the
applicant 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 of material contained in the Council Agenda Report dated December 16,
1997 and the Desk Item dated January 5, 1998, concerning this application.
F. The Council finds as follows:
The appeal of the Planning Commission decision to extend the Conditional Use
Permit is denied; the Commission's decision was correct and the Conditional Use Permit is extended
to February 20, 1999.
2. The appeal of the Planning Commission decisions to approve the Architecture
and Site Application and modification of the Condition Use Permit is granted; additional information
brought forward during the public hearing before the Council indicates that the Commission did not
have the opportunity to: a) review alternative configurations of the proposed parking lot and related
landscaping plan that might reduce the impact of the project on the surrounding neighborhood and
potentially save the residence from demolition, and b) examine alternative treatments of the masonry
sound wall around the permimeter of the new parking lot at the southern portion of the property, the
construction of which is a conditon to the Conditional Use Permit.
3. The Appeal of the Planning Commission decision is further granted on grounds
that the Commission lacked the discretion to modify the condition requiring construciton of a
masonry soundwall which is also a mitigation measure necessary to avoid potential significant adverse
environmental impacts, and thus, did not consider alternative treatments of the wall that may include
a double wood /masonary wall or different texture treatments of the masonry wall.
4. The Architecture and Site Application should be remanded to the Planning
Commission for further consideration.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -97 -156 is,
therefore, denied on the issue of approval of the time extension of the Conditional Use Permit,
granted on all remaining issues, and the Architecture and Site Application is remanded to the Planning
Commission for further review of the following:
a. Review alternative configurations of the proposed parking lot and landscaping
buffer and consider necessity of demolition of residential structure.
b. Consider alternative design treatments of the masonry soundwall including
surface texture and color simulating wood or a double wall of masonry and wood.
2. The decisions granting the time extension but denying expansion of the Conditional
Use Permit constitute final administrative decisions 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of January, 1998 by the following vote.
X61121 1 UI_ UI: _ 3
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA