Attachment 1 - March 10, 2021 Planning Commission Staff Report with Exhibits 1-5PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/10/2021
ITEM NO: 2
DATE: March 5, 2021
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval for 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 Property Located at 246 Almendra Avenue. APN: 510-14-019. Zone
Change Application Z-20-001. Property Owner: Gary Filizetti. Applicant: Brett
Brenkwitz.
RECOMMENDATION:
Consider a request for approval for 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 property located at 246 Almendra Avenue.
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 amendment to the Town Code will have
a significant effect on the environment.
FINDINGS:
▪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), in that it can be seen with certainty that there is no possibility
that the proposed amendment to the Town Code will have a significant effect on the
environment.
▪That the proposed zone change is consistent with the General Plan and its Elements in that
the proposed zoning is consistent with the existing General Plan Land Use designation.
ATTACHMENT 1
PAGE 2 OF 4
SUBJECT: 246 Almendra Avenue/Z-20-001
DATE: March 5, 2021
BACKGROUND:
The subject parcel is located on the northern side of Almendra Avenue, one property east of
the Almendra Avenue and Tait Avenue intersection (Exhibit 1). The parcel is located within the
Almond Grove Historic District, but is not listed as a contributor to the Almond Grove Historic
District as there are no buildings on the parcel. The parcel is currently developed as a parking
lot serving as overflow parking for the restaurant at 235 Los Gatos-Saratoga Road to the north.
The applicant is requesting approval of a zone change from O:LHP to R-1D:LHP to allow for the
future construction of a new single-family residence (Exhibit 4). The Landmark and Historic
Preservation Overlay Zone (LHP) would remain if the application is approved. No construction is
proposed at this time.
DISCUSSION:
A. Zone Change
The applicant is requesting approval of a zone change from O:LHP to R-1D:LHP. The proposed
zoning would be consistent with the existing General Plan Land Use designation (as discussed
below). Any future single-family development proposed on the parcel would require
approval of an Architecture and Site Application with review by the Historic Preservation
Committee. The 7,000-square foot parcel complies with the minimum lot size for a single-
family dwelling in the R-1D Zone of 5,000 square feet, and a residential use is a principally
permitted use within the R-1D Zone.
The subject parcel is currently developed as an overflow parking lot for the adjacent
restaurant to the north, with 18 parking spaces. Approval of the restaurant use on the
adjacent parcel was not predicated on these 18 parking spaces. A total of 11 parking spaces
will be maintained on the adjacent parcel (Exhibit 5), which exceeds the current parking
requirement of nine spaces for the 2,660-square foot restaurant.
The subject parcel is bound by parcels with a C-2 zoning designation to the north, O:LHP to
the south, R-1D:LHP to the east, and both O:LHP and R-1D:LHP to the west (Exhibit 1).
B. General Plan
The proposed R-1D:LHP zoning would conform with the existing General Plan Land Use
designation of Medium Density Residential. Pursuant to the General Plan, “The Medium
Density Residential designation provides for multiple-family residential, duplex, and/or small
single-family homes.”
PAGE 3 OF 4
SUBJECT: 246 Almendra Avenue/Z-20-001
DATE: March 5, 2021
DISCUSSION (continued):
The subject parcel is surrounded by parcels with a Medium Density Residential General Plan
Land Use designation to the south, west, and east (Exhibit 1). The restaurant to the north has a
Central Business District Land Use designation.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comment.
CONCLUSION:
A. Summary
The proposed zone change would be consistent with the existing General Plan Land Use
designation and the existing pattern of land uses and zones surrounding the parcel (Exhibit
1).
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the
existing General Plan Land Use designation and the existing zoning designations
surrounding the subject parcel and forward a recommendation for approval to the Town
Council. If the Planning Commission finds merit with the proposed amendment, it should:
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), in that it can be seen with
certainty that there is no possibility that the proposed amendment to the Town Code
will have a significant effect on the environment (Exhibit 2);
2. Make the required finding that the proposed zone change is consistent with the General
Plan and its Elements in that the proposed zoning is consistent with the existing General
Plan Land Use designation (Exhibit 2); and
3. Forward a recommendation of approval of Zone Change Application Z-20-001 to the
Town Council.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction;
2. Provide a recommendation for approval with modifications to the Town Council; or
3. Provide a recommendation for denial to the Town Council providing findings for denial.
PAGE 4 OF 4
SUBJECT: 246 Almendra Avenue/Z-20-001
DATE: March 5, 2021
EXHIBITS:
1. Location Maps (showing General Plan Land Use Designations and Existing Zoning)
2. Draft Findings
3. Draft Ordinance for Zone Change, with Exhibit A
4. Letter from Applicant
5. Property Plans
SAN BENITOMONTEREY AVMASSOL AVMONTGOMERY ST
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N SANTA CRUZ AVMedium DensityResidential
CentralBusinessDistrictCentralBusinessDistrict
NeighborhoodCommercial
CentralBusiness District
Medium DensityResidential
246 Almendra AvenueExisting Land Use Designation
EXHIBIT 1
SAN BENITOMONTEREY AVMASSOL AVMONTGOMERY STBACHMAN AV
TAIT AVALMENDRA AV
VILLAGE LNLOS GATOS-SARATOGA RD
SARATOGA-LOS GATOS RD
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R-M:5-12
O:LHP
O:LHP
O:LHP
246 Almendra AvenueExisting Zoning
PLANNING COMMISSION – March 10, 2021
REQUIRED FINDINGS 246 Almendra Avenue Zone Change Application Z-20-001
Consider a Request for Approval for 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 Property Located
at 246 Almendra Avenue. APN: 510-14-019. Zone Change Application Z-20-002.
Property Owner: Gary Filizetti.
Applicant: Brett Brenkwitz
FINDINGS
Required finding for CEQA:
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), in that it can be seen with certainty that there is no possibility that the proposed
amendment to the Town Code will have a significant effect on the environment.
Required consistency with the Town’s General Plan:
That the proposed Zone Change is consistent with the General Plan and its Elements in that
the proposed zoning is consistent with the existing General Plan Land Use designation.
EXHIBIT 2
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Ordinance Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ZONING CODE
FROM O:LHP (OFFICE WITH A LANDMARK AND HISTORIC PROPERTY OVERLAY)
TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH A LANDMARK AND
HISTORIC PROPERTY OVERLAY)
FOR PROPERTY LOCATED AT 246 ALMENDRA AVENUE
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the
property at 246 Almendra Avenue (Santa Clara County Assessor Parcel Number 510-14-019) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from O:LHP
(office with a Landmark and Historic Property Overlay) to R-1D:LHP (Single-Family Residential
Downtown with a Landmark and Historic Property Overlay).
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 2021 , and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the ____ day of _____ 2021. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
EXHIBIT 3
2 of 2
Ordinance Council Meeting Date
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
BACHMAN AV
TAIT AVALMENDRA AV
N SANTA CRUZ AVVILLAGE LNLOS GATOS-SARATOGA RDSAN BENITOMONTEREY AVMASSOL AVTOWN OF LOS GATOS
Application No. Change of zoning map amending the Town Zoning Ordinance.Zone ChangePrezoning
From: O:LHP To: R-1D:LHP
Z-20-001 A.P.N. #510-14-019
Forwarded by Planning CommissionApproved by Town CouncilClerk Administrator Date: Mayor
Date: Ord:
§
246 Almendra Avenue
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EXHIBIT 4
EXHIBIT 5