1996-018-Deny A Request For Approval Of A Master Plan For The Future Expansion Of A Church Facility In The R-1:8000 With ConditionsRESOLUTION 1996 - 18
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO
FOR APPROVAL OF A MASTER PLAN FOR THE FUTURE EXPANSION OF A
CHURCH FACILITY IN THE R- 1:8000 (PREZONE) WITH CONDITIONS;
CONDITIONAL USE PERMIT APPLICATION U- 94 -67; NEGATIVE DECLARATION
ND -94 -4.
(PROPERTY ADDRESS: 16330 LOS GATOS BOULEVARD
PROPERTY OWNERS AND APPELLANT: CALVARY BAPTIST CHURCH)
WHEREAS:
A. This matter came before the Council for public hearing on January 16, 1996, on
an appeal by the property owner from a decision of the Planning Commission and was regularly
noticed in conformance with State and Town law. The Council received additional public
comment at its meeting on February 5, 1996.
B. The Council received testimony and documentary evidence from the property owner
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 attached to the Council Agenda Reports dated January 5, January 16,
January 31, and February 5, 1996, concerning this application.
C. Much of the information and the proposed design changes that the Council received
were not available to the Commission and were the result of extensive discussions between the
property owner and the surrounding residents and property owners.
D. The Council is approving this application in part because the property owner has
assured the Council that it has no plans for any further expansion beyond that proposed in this
master plan. As expressed and confirmed in the letter to the Town from Dr. Fred A. Wilson,
Senior Pastor, Calvary Baptist Church, dated February 20, 1996 (a true copy of which is attached
as Exhibit C hereto), there shall not be any further church expansion on or along Robie Lane
toward Shannon Road.
E. The current and proposed use is desirable to the public convenience and welfare
in that it provides much needed facilities for children, youth, and families.
F. The use as approved and conditioned will not impair the integrity and character of
the zone (R- 1:8000) because much of the use is already in existence, and the removal of traffic
from Robie Lane, increased on -site parking, enhanced landscaping, and other conditions imposed
will mitigate the impacts on the zone.
G. The proposed use is not detrimental to the public health, safety, or general welfare.
H. The house proposed for demolition is not architecturally or historically significant,
and the property owner does not wish to retain the structure.
I. The proposed vacation of portions of Robie Lane in order to realign the roadway
so that a cul -de -sac can be formed will result in a safer, more attractive, and more efficient street
and is consistent with the Town's General Plan.
J. Before issuance of any building permits for the proposed master plan, Architecture
and Site Approval must be obtained from the Town for the new construction, and in particular,
the lighting for the parking areas shall be reviewed in the Architecture and Site Approval process
to ensure minimal impact on surrounding properties.
K. The Planning Commission was compelled by the State Permit Streamlining Act to
take final action on this application, although some of the Commissioners expressed a desire to
seek a redesign of certain aspects of the plan before taking action, and therefore did not have the
discretion by law to seek a redesign such as is approved in this decision.
L. The planning process has resulted in significant redesigns of the master plan to
accommodate concerns of the community, the Commission, and the Council, and given the
extensive examination of all the issues by both the Commission and the Council and the complete
record before the Council, it does not appear necessary or appropriate to extend the process by
referring the matter back to the Commission.
2
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U -94 -67 and Negative Declaration ND -94-4 is granted pursuant to this decision.
2. The Negative Declaration ND -94-4 is approved and its mitigation monitoring plan
adopted, with the exception that the Town does not find that the requirement for realigning and
signalizing the intersection of Nino Avenue, Los Gatos Boulevard, and the property driveway to
be the sole burden of the property owner, and instead, the property owner should be and is
required to contribute a fair share of the realignment /signalization costs pursuant to the conditions
contained in Exhibit A.
3. Conditional Use Permit Application U -94 -67 is approved as a Master Plan subject
to the Town Code, the conditions attached hereto as Exhibit A, and as generally depicted in the
plan attached as Exhibit B.
4. This decision does not and shall not constitute any precedent for permitting
churches or schools in residential areas in Town nor in any expansion of such uses, and the Town
shall continue to examine each such request on a specific site, design, and historic use basis under
the Town Code and Town policies.
This decision constitutes a final administrative decision 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.
3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of February, 1996, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
t
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4
EXHIBIT A
CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT APPLICATION U -94 -67
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
The northeast corner of the second story of the new Family Life Center shall be set
back at least 107 feet from the property line on Robie Lane as shown on Exhibit B
hereto, and the front of the new Family Life Center shall consist of one story elevations
for a depth of at least 15 feet along the entire frontage of the Center facing Robie Lane
as generally shown on Exhibit B hereto.
The maximum height of all buildings shall be 30 feet or less, and the property owner
shall use its best efforts to reduce heights to no more than 25 feet as much as possible,
with architecture that softens the height and mass through such elements as residential
type features (gable ends, etc.) along the Robie Lane elevations and moving the mass
away from property lines.
Maximum number of seats used for worship shall not exceed 1,680. At least 467
parking spaces shall be provided on site. The maximum square footage of the principal
buildings on the property shown on Exhibit B hereto shall be as follows:
Auditorium
34,012
Multi- Purpose Building 25,644
Friesen Hall (on 2 floors) 39,388
Family Life Center (on 2 floors) 39,026
4. Uses of the church may include ministry services for all ages, a day care center and a
counseling center. The church may also make its facilities available to numerous
businesses, neighborhood, and community groups for holding meetings and similar
activities.
5. A tree removal permit shall be obtained prior to the issuance of any permits.
6. A sound wall shall be constructed around the perimeter of the new parking lot in the
southern portion of the property at the end of Robie Lane. The wall shall be six feet
high, contain no gaps, and be constructed of masonry. The wall shall be subject to
GPI
Architecture and Site Approval by the Development Review Committee of the Town
before issuance of any permits.
7. The applicant shall recycle as much of the demolished buildings as possible and submit
receipts from the recycle company(s) which specify the type and weight of material
turned in to be recycled prior to the demolition inspection.
8. Maximum hours of operation shall be from 7 a.m. to 10 p.m., Sunday through
Thursday, and from 7 a.m. to midnight, Friday and Saturday. No more than 28 times
during the calendar year, these hours may be exceeded for special events, which are
seasonal activities, holidays, drop -off and pick -up for trips, occasional youth
overnighters, and /or cleanup /setup for events. Staff arrival and departure may also
exceed the hours limitation on a reasonable basis only.
9. The property owners shall ensure that at least one person monitors the use of the
parking lots on Friday and Saturday nights to ensure that vehicles are directed to park
first in the southern parking lot area nearest Los Gatos Boulevard as generally shown
as the shaded area in Exhibit B hereto.
10. The property owner shall ensure that all buses that are idling or picking up or dropping
off passengers or equipment shall do so only in the Bus Loading Area shown on
Exhibit B hereto, except:
A. Buses may idle at the Bus Barn shown on Exhibit B hereto for no more than the
time necessary to pressurize the air brakes to 100 pounds and de -ice the
window, which should never be more than 15 minutes.
B. Buses may be idle in or near the Bus Barn on a sporadic basis and no longer
than necessary in connection with service to the buses.
C. Until such time as the driveway improvements to the Bus Loading Zone shown
on Exhibit B hereto are completed, bus loading may occur in the Interim Bus
Loading Zone located between the Multi- Purpose Building and the Koininia
Building as shown on Exhibit B hereto.
(Engineering Section)
11. Final grading, drainage, driveway, utility, and interim erosion control plans shall be
submitted separately to the Engineering Section of the Planning Department.
12. A Grading Permit will be required for the construction of the new parking lot.
13. All fees, as applicable, are to be paid before issuance of any permits.
A -2
14. A well information questionnaire (available through the Counter Technician) shall be
completed.
15. The following shall be dedicated:
a. Robie Lane: a 32 -foot radius cul -de -sac.
b. Emergency Access Easement: Twenty (20) feet wide from the end of Robie
Lane through the parking lot to Los Gatos Boulevard.
16. The following improvements shall be guaranteed by contract, Faithful Performance
Security, and Labor & Materials Security, and completed prior to the occupancy of the
remodeled Friesen Hall or the new Family Life Center, whichever occurs first:
a. Robie Lane cul -de -sac: Curb, gutter, sidewalks, street light, tie -in paving,
signing, and striping, as required.
17. All documents, contracts, security, and fees, as applicable, are to be provided before
the issuance of any building permits.
18. Insurance holding the Town harmless is to be provided before the issuance of any
building permits.
19. Payment of a Traffic Impact Mitigation Fee based on then- current Town Council
Resolution for 300 new average daily trips. Current fee would be $24,000.
20. If a traffic signal at the intersection of Los Gatos Boulevard and Nino Avenue is
included in the Town Capital Improvement Program, payment of 25 % of the cost of the
signal (not to exceed $30,000) shall be made prior to the issuance of the first building
permit for either the remodeling of Friesen Hall or the construction of the new Family
Life Center.
21. Eliminate vehicle access to Robie Lane except for police and fire emergency access.
Gates of a height that is both consistent with the adjacent fencing and safe practice shall
be used to prevent access at the driveways, and the locking mechanisms on the gates
shall be subject to prior approval by the Los Gatos Police Department and the Central
Fire District.
22. Property owner shall apply for abandonment of the unused portion of Robie Lane, and
pay appropriate fees.
23. The new parking lot at the end of Robie Lane shall be open for church services and
large special events as an overflow lot only; a gate at least 6 feet high shall be installed
to control access to the lot, and the gate shall be closed so that vehicle access is
prevented during all other times. The locking mechanism on the gate shall be subject
to prior approval by the Los Gatos Police Department and the Central Fire District.
A -3
24. A gate at least 6 feet high shall be installed to control vehicle ingress and egress from
the driveway from and to Shannon Road. The gate shall be closed at 8 p.m. each
evening and opened no earlier than 7 a.m. the following morning. The locking
mechanism on the gate shall be subject to prior approval by the Los Gatos Police
Department and the Central Fire District. When a traffic signal is installed at the
intersection of Nino Avenue, Los Gatos Boulevard, and the property driveway to the
Boulevard, the gate shall be closed at 5 p.m. each evening and opened no earlier than
a.m. the following morning.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE DIRECTOR
25. All impervious surfaces encroaching under the dripline of existing trees shall have
aeration tubes installed.
26. No construction or grading shall take place within the dripline of existing trees.
27. All newly planted landscaping shall be irrigated by an in- ground irrigation system.
Special care shall be taken to avoid irrigation which will endanger existing native trees
and vegetation.
28. Existing trees shall be protected prior to and during construction by measures subject to
approval by this department. Prior to any building permits being issued, the applicant
shall meet with the Parks Superintendent concerning the need for protective tree
fencing around existing trees. Such fencing shall be installed prior to and be
maintained during construction.
29. This landscape is required to meet Town Code Chapter 26, Article IV (Sections
26.40.010 and following). When the working landscape and irrigation plans are
submitted for review, fee will be required based on then- current Town resolution.
30. All new trees shall be planted prior to final occupancy and shall be double staked using
rubber tree ties.
31. Any trenching within the dripline of existing trees shall be hand dug.
32. Final landscape plans will be required during the Architecture and Site approval
process. Trees proposed for planting shall be a minimum of 24 -inch box in size.
33. The property owner shall execute an agreement with the Town to ensure five years of
tree maintenance.
34. Additional buffer trees shall be added along the property line parallel to Loma Street as
shown on Exhibit B hereto, and those plantings shall be done at the time construction
begins.
A -4
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES
35. Any sections of curb, gutter and sidewalk along the frontage of this property that are
currently broken or raised, or any sections damaged during construction, are to be
replaced.
36. Sanitary sewer laterals are to be televised by West Valley Sanitation District and
approved by the Town of Los Gatos.
37. A sanitary sewer lateral clean -out is to be installed at the property line.
38. A certified asbestos consultant shall conduct a survey of Brown Hall and 16408 Robie
Lane prior to demolition activities.
39. The demolition contractor shall use water to control dust as it tears down structures.
Demolition activities shall be suspended when winds exceed 25 miles per hour.
40. No more than 12 months shall elapse from the beginning of demolition for the family
life center and completion of its construction.
41. All demolition and construction access shall be from Los Gatos Boulevard only.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
42. Provide an allowable area analysis for the new Family Life Center and Friesen Hall
combined as one building. Provide a sum of area ratio analysis by use.
43. Provide information regarding the construction type for the new Family Life Center.
44. Based on construction type, an area separation wall may be required between Friesen
Hall and the new Family Life Center.
45. Additional on -site fire hydrants may be required.
46. The new Family Life Center and Friesen Hall shall be provided with approved fire
sprinklers throughout.
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02/261/1996 1b :37 4083561767 CALVARY CHURCH 1='AGE- 01
CALVARY
C 1.1 U R C: 14
Honorable Town Council
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Dear Los Gatos Town Council:
February 20, 1996
FRED WILIM)N
Swim
1 have been the senior pastor of Calvary Church since March of .i 87g. I
am the second tenured senior pastor in the forty -eight years of the existence of
Calvary Church. My predecessor, Dr. Blaine Bishop led the church for 3C years.
[A short four -week pastorate preceded Dr. Bishop which ended with a torminal
illness]
The master plan currently before the Town of Los Gatos and saaduled
for final resolution February 20, 1996 represents for me the full development of
the master plan for property currently owned by the church at this time. We
understand the strong disapproval of the Town Council of any further
development for ministry use of property we currently own or could possibly own
in the future on Roble Lane,
This letter will be kept in the files of Calvary Church as a record fo1 future
church boards, church leadership, and for my successors as Senior Pastor,
Since'ely,
Gr. Fred A. Wilson
Senior Pastor
MAXI Las 0411 BLVD. L.as QATas, CA 45032 i lhWm (408) 356 -.5126
EXHIBIT
• FAX No, 008? 356 176%