Staff Report
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/19/2017
ITEM NO: 18
DATE: DECEMBER 12, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: GENERAL PLAN AMENDMENT APPLICATION GP-17-002 AND ZONE
CHANGE APPLICATION Z-17-002. PROJECT LOCATION: 202 UNIVERSITY
AVENUE. PROPERTY OWNER: BARRY AND LISA CHESKIN. APPLICANT:
BESS WIERSEMA.
REQUESTING APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL TO MEDIUM DENSITY RESIDENTIAL AND A ZONE CHANGE
FROM O:LHP (OFFICE WITH A LANDMARK AND HISTORIC PRESERVATION
OVERLAY) TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH
A LANDMARK AND HISTORIC PRESERVATION OVERLAY). APN 529-04-001.
RECOMMENDATION:
Adopt a Resolution (Attachment 7) approving General Plan Amendment from Office Professional
to Medium Density Residential (GP-17-002), and introduce an Ordinance (Attachment 8)
effecting a Zone Change (Z-17-002) from O:LHP (Office with a Landmark and Historic
Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and
Historic Preservation Overlay) on a property located at 202 University Avenue.
BACKGROUND:
The subject parcel is located at the northeast corner of University Avenue and Miles Avenue in
the University-Edelen Historic District (Attachment 1). The residence on the property was
constructed in the 1890s and is listed as a contributor to the University-Edelen Historic District.
The property was originally developed with a residential use. The Town approved the existing
office use on the property in 1978.
As summarized in the table below, the subject property is bounded by parcels with a Medium
Density Residential General Plan land use designation to the north, east, and west. The parcel to
the south has an Office Professional General Plan land use designation. The subject property is
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
DECEMBER 12, 2017
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BACKGROUND (continued):
bounded by parcels zoned R-1D:LHP (Residential Downtown: Landmark and Historic
Preservation Overlay Zone) to the north, east, and west. The parcel to the south is zoned O:LHP
(Office: Landmark and Historic Preservation Overlay Zone).
Address Existing Land Use General Plan Zoning
North 210 University Ave Residence Medium Density Residential R-1D:LHP
South 128 University Ave Office Office Professional O:LHP
East 72 Miles Ave Residence Medium Density Residential R-1D:LHP
West 205-209 University Ave Residence Medium Density Residential R-1D:LHP
The applicant is requesting approval of this General Plan Amendment and Zone Change to allow
the current property owners to transition the building from an office use to a single -family
residential use on the 6,380-square foot lot (Attachment 4). The Landmark and Historic
Preservation Overlay Zone (LHP) would remain if the applications are approved.
DISCUSSION:
A. General Plan Committee
At its September 13, 2017 meeting, the General Plan Committee reviewed the application
and recommended approval of the General Plan Amendment to the Planning Commission
and Town Council.
B. Planning Commission
At its October 25, 2017 meeting, the Planning Commission reviewed the applications and
recommended approval of the General Plan Amendment and Zone Change to the Town
Council (Attachments 2 and 3).
C. General Plan Land Use Designation
The applicant is proposing a General Plan Amendment from an Office Professional General
Plan land use designation to a Medium Density Residential General Plan land use
designation.
The Office Professional land use designation provides for professional and general business
offices. This designation applies to various locations throughout the Town, often in close
proximity to neighborhood- or community-oriented commercial facilities, or as a buffer
between commercial and residential uses. The intent of this designation is to satisfy the
community’s need for general business, professional services, and local employment.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
DECEMBER 12, 2017
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DISCUSSION (continued):
The Medium Density Residential land use designation provides for multiple-family
residential, duplexes, and/or single-family homes at a density of five to 12 dwelling units per
acre (5-12 DU/AC). The proposed General Plan Amendment would therefore be consistent
with the pattern of land use in the surrounding neighborhood (Attachment 1).
D. General Plan Goals/Policies/Strategies
Applicable General Plan goals and policies that should be used to evaluate the proposed
General Plan Amendment and Zone Change applications for this site include, but are not
limited to:
Land Use Goal
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.
Land Use Policy
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.
Community Design Goal
CD-10 To maintain the historic character of the Downtown.
CD-12 To preserve significant historic and architectural features within the Town.
Community Design Policy
CD-6.4 Encourage the preservation, restoration, rehabilitation, reuse, and
maintenance of existing buildings Downtown.
CD-12.2 Encourage the preservation, maintenance, and adaptive reuse of existing
residential, commercial, or public buildings.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
DECEMBER 12, 2017
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DISCUSSION (continued):
E. Zoning
The applicant is proposing a Zone Change from O:LHP (Office with a Landmark and Historic
Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark
and Historic Preservation Overlay). The proposed R-1D:LHP Zoning would be consistent
with the General Plan land use designation if the proposed General Plan Amendment is
approved. The current office use of the property would not be a conforming use in the
proposed R-1D:LHP Zone. However, the applicant has indicated that it is the intent of the
current owners to return the property to a residential use in the near future (Attachment
4). The proposed Zone Change would be consistent with the pattern of Zoning in the
surrounding residential neighborhood (Attachment 1). Additionally, replacing the existing
office use with a single-family residential use would reduce the parking requirement and
traffic.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the required finding that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not subject to the
California Environmental Quality Act, Section 15061 (b)(3): Review for exemption
(Attachment 6);
2. Make the required finding that the General Plan Amendment is consistent with the
General Plan (Attachment 6);
3. Adopt a Resolution approving General Plan amendment application GP-17-002
amending the General Plan Land Use Designation from Office Professional to Medium
Density Residential (Attachment 7);
4. Make the required finding that the proposed Zone Change is consistent with the
General Plan (Attachment 6); and
5. Introduce an Ordinance of the Town of Los Gatos effecting a Zone Change from O:LHP
(Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family
Residential Downtown with a Landmark and Historic Preservation Overlay) for the
property located at 202 University Avenue (Attachment 8), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
DECEMBER 12, 2017
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ALTERNATIVES:
Alternatively, the Town Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Remand the applications to the Planning Commission with specific direction; or
3. Deny the applications.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the General Plan and
Town Code will have a significant effect on the environment.
PUBLIC COMMENTS:
All public comments received by 11:00 A.M., Thursday, December 14, 2017, are included with
this report as Attachment 9.
ATTACHMENTS:
1. Location maps (showing General Plan Land Use Designations and Existing Zoning)
2. October 25, 2017 Planning Commission Staff Report (without Exhibits)
3. October 25, 2017 Planning Commission Verbatim Minutes
4. Letter from applicant (one page)
5. Background information (thirteen pages)
6. Draft Findings (one page)
7. Draft Resolution for General Plan Amendment, with Exhibit A (four pages)
8. Draft Ordinance for Zone Change, with Exhibit A (three pages)
9. Public comments received by 11:00 A.M., Thursday, December 14, 2017
10. Development Plans, received September 6, 2017 (three pages)
Distribution:
Bess Wiersema, Studio 3 Design, 638 University Avenue, Los Gatos, CA 95032