Item 2 - Staff Report.16548 Ferris AvePREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: 05/22/2019 ITEM NO: 2
DATE: MAY 17, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-19-003. PROJECT LOCATION:
16548 FERRIS AVENUE. PROPERTY OWNER: FAITH LUTHERAN CHURCH. APPLICANT: HILLARI ZIGHELBOIM. REQUESTING APPROVAL OF A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT FOR AN INCREASE IN STUDENT ENROLLMENT IN A NURSERY SCHOOL (MARIPOSA MONTESSORI SCHOOL) ON PROPERTY ZONED R-1:8. APN 532-07-127 DEEMED COMPLETE: MAY 3, 2019 FINAL DATE TO TAKE ACTION: NOVEMBER 3, 2019
RECOMMENDATION:
Approval, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential, 8,000-square foot
lot minimum
Applicable Plans & Standards: General Plan
Parcel Size: 96,589 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8 and R-1:8:Prezone
South Residential Low Density Residential R-1:8 and R-1:8:Prezone
West Residential Low Density Residential R-1:8
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
effect on the environment will occur since the project uses an existing structure with no
increase in floor area.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The Mariposa Montessori School is an existing nursery school operating with a Conditional Use
Permit (CUP) in conjunction with the Faith Lutheran Church. Their CUP limits the number of
students on site at any given time to 50. A modification to this CUP was approved in 2005 to
adjust the hours of operation (Exhibit 4).
DISCUSSION:
A. Location and Surrounding Neighborhood
The school is located within existing buildings on the Faith Lutheran Church property at
16548 Ferris Road (Exhibit 1). Adjacent properties are developed with single-family
residences and are zoned or prezoned R-1:8. The 20 additional students proposed with this
modification to the CUP would be located in an existing building at the church.
B. Conditional Use Permit
The applicant is requesting approval of a modification to the CUP to increase enrollment
from 50 students to 70 students on site at any given time. When reviewing a CUP, the
deciding body should consider the information in the applicant’s Project Description;
however, the key consideration should be the proposed use since the Project Description
can change from owner to owner. The CUP runs with the land, and the deciding body
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DISCUSSION (continued):
should review applications based on the use as opposed to the applicant or the applicant’s
Project Description.
C. Zoning Compliance
A nursery school is a conditional use in the R-1:8 zone requiring approval of a CUP by the
Planning Commission. The Town Code requires that a nursery school located in an R-1:8
zone be located on a site of no less than 20,000 square feet and be located in a building not
less than 2,000 square feet. The subject property is 96,589 square feet, exceeding the
20,000 square foot requirement. The current classrooms used by the school are
approximately 2,280 square feet, which exceeds the 2,000 square foot requirement.
ANALYSIS:
A. Project Summary
The applicant requests approval of a modification to the existing CUP to increase
enrollment at the Mariposa Montessori nursery school (Exhibit 5). All other conditions
outlined in the existing CUP are proposed to remain unchanged; however, staff has
identified many conditions that have been completed and are no longer applicable, and
another condition (#17) that should be modified to further simplify the CUP. These changes
are illustrated in strikethrough and underline font in Exhibit 3.
The Mariposa Montessori student body occupies several classrooms within an existing
building at the Faith Lutheran Church. The applicant has provided a Project Description and
Letter of Justification and a site plan (Exhibit 5). The applicant proposes to increase
enrollment from 50 to 70 students on site at any given time. The additional 20 students
would be accommodated in an additional classroom (Exhibit 7, Room 13). The applicant’s
Letter of Justification describes the community need for increased enrollment due to, in
part, the recent closure of several other nursery schools that serve the area (Exhibit 5).
Additionally, the applicant references the Human Services Element of the 2020 General
Plan, which includes the following Goals and Policies applicable to the request:
• Goal HS-3: To meet the needs of Los Gatos Youth;
• Policy HS-3.1: The Town shall interact with applicable agencies and entities that
provide youth services to ensure that the needs of children and teens are met;
• Policy HS-3.2: The Town shall encourage a broad array of child care facilities and
services to meet the economic, geographic, and demographic diversity of Los Gatos;
and
• Goal HS-4: To offer a wide range of youth programs and services within the Town.
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ANALYSIS (continued):
The applicant proposes no structural or exterior changes to the existing buildings. The
applicant has also submitted a petition in support of the request (Exhibit 6).
B. Parking and Traffic
The parking requirements for a nursery school are one parking space for each employee.
The applicant has indicated that the current number of employees is 10, requiring 10
parking spaces. The parking requirements would increase with the number of additional
staff required for the additional 20 students. The applicant anticipates an increase in the
number of employees from 10 to 13, thus requiring 13 parking spaces. The subject property
has 90 parking spaces available to the nursery school used through a shared parking
agreement contained in the CUP, which exceeds the number of spaces required by the
existing and proposed use. Additionally, the CUP includes a requirement for an on-site
drop-off area and circulation plan. This plan would continue to accommodate the student
drop-off at the school.
The Town’s Traffic Impact Policy requires that a comprehensive traffic study be prepared for
projects that generate 20 or more peak AM or PM hour trips. Adding 20 new students
would add 16 AM peak hour trips and 16 PM peak hour trips. The project will not generate
20 or more trips in either the AM or PM peak hours, and a comprehensive traffic study is
not required.
Pursuant to the Town’s Traffic Impact Policy all projects that generate one or more new
Average Daily Trips (ADP), are required to pay traffic impact mitigation fees. Adding 20 new
students would add 82 ADP. This increase would normally require payment of traffic impact
mitigation fees. The applicant requested and was granted a waiver to the traffic impact
mitigation fees by the Town Council on April 16, 2019, due to extenuating circumstances.
C. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare; and
2. The proposed use would not impair the integrity and character of the zone; and
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ANALYSIS (continued):
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.
Regarding the first finding, the proposed use is desirable to the public convenience because
it would provide youth services and additional childcare capacity to meet the needs of
children in the community. Regarding the second finding, the proposed use would not
impair the integrity of the zone, in that the conditions placed on the permit would continue
to ensure that the use is compatible with the character of the zone. Regarding the third
finding, the proposed use would not be detrimental to public health, safety, or general
welfare, as the conditions placed on the permit would maintain the welfare of the
community. Regarding the final finding, the proposed use would be in conformance with
the Town Code and General Plan as discussed within this report.
D. General Plan
The applicant requests an increase in enrollment at the existing nursery school. The existing
nursery school use remains consistent with the Town’s 2020 General Plan.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Public comments received by 11:00 AM, Friday, May 17, 2019 are included as
Exhibit 8.
CONCLUSION:
A. Summary
Recommended conditions of approval for the nursery school are attached as Exhibit 3. The
site has adequate parking to accommodate the proposed use and an on-site circulation plan
to accommodate student drop-off, minimizing impacts to the surrounding neighborhood.
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CONCLUSION (continued):
The proposed use is in conformance with the Town Code and is consistent with the General
Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of a modification to the CUP
subject to the recommended conditions of approval included as Exhibit 3. If the Planning
Commission finds merit with the proposed project, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a modification to a CUP (Exhibit 2); and
3. Approve CUP application U-19-003 with the conditions of approval contained in
Exhibit 3.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the application with additional and/or modified conditions of approval; or
2. Continue the application with direction to a specific hearing date; or
3. Deny the application.
EXHIBITS:
1. Location Map (one page)
2. Required Findings (one page)
3. Recommended Conditions of Approval (12 pages)
4. Conditional Use Permit U-05-016 (three pages)
5. Project Description and Letter of Justification received March 26, 2019 (five pages)
6. Petition (three pages)
7. Site Plan
8. Public comments received by 11:00 a.m., Friday, May 17, 2019
Distribution:
Hillari Zighelboim, 334 Los Gatos Boulevard, Los Gatos, CA 95032
Robert Balcomb, 195 Stacia Street, Los Gatos, CA 95030