2000-045-Denying A Request For Modification To A Conditional Use Permit To Operate A Montessori School In Conjunction With An Existing Church On Properties Zoned R-1:8 And Prezoned R-1:8RESOLUTION 2000 - 45
RESOLUTION GRANTING AN APPEAL OF THE PLANNING COMMISSION
DECISION DENYING A REQUEST FOR MODIFICATION TO A CONDITIONAL USE PERMIT
TO OPERATE A MONTESSORI SCHOOL IN CONJUNCTION WITH AN
EXISTING CHURCH ON PROPERTIES ZONED R-1:8 AND PREZONED R-1:8.
'PROJECT APPLICATION: PRJ-99-082
PROPERTY LOCATION: 16548 FERRIS AVENUE
PROPERTY OWNER /.APPLICANT: FAITH LUTHERAN CHURCH
APPLICANT: MARIPOSA MONTESSORI
APPELLANT: JOANE VARNI (PRESIDENT MARIPOSA MONTESSORI)
WHEREAS:
A. This matter came before the Council for public hearing on April 3, 2000; on an appeal by
Doane Varn (President of Mariposa Montessori) from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and .documentary evidence from the appellant 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 pacl~et of
material contained in the Council. Agenda Reports dated September 29, 1999, October 14, 1999
(Addendum), October 18,1.999 (Desk Item), December 27, 1999, January 3, 2000 (Desk Item), Mardi 24,
2000.and April 3,'2000 (Desk.Item) along with subsequent reports and materials prepared concerning this
application.
C. Mariposa Montessori filed an application on June 7,1999 to modify an existing Conditional
Use Permit. (CUP) for Faith Lutheran Church to allow the addition of a Montessori school. -The applicant
proposed.addingttyo sessions of 50 students each (one in the morning and the afternoon) as authorized uses
to the property's approved church use.
D. Development Review Committee consideredthe application and deemed it complete on June
28, 1999. The Development Review Committee forwarded the matter to the Planning Commission and
recommended approval of the CUP modification.
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E, On July 2'8, 199, the Planning Commission reviewed the application and directed the
applicant to (1) pay for the preparation of a traffic study..; (2) develop a mandatory car pool plan, and (3)
address noise issues .raised by an adjacent resident. On September 8, .1999 the applicant returned to the
Commission, having addressed all concerns except for item .1 due to costs restraints. The Commission
denied the application.
F. The applicant appealed the Planning Commission's decision to the Town Council on October
18, 1999. The Town Council considered and continued the project and directed that the Town fund a
comprehensive traffic study that would also considex techniques for traffic calming and included meetings
with residents.
G. Council :finds as follows:
1. Pursuant to Town Code Section 29.20.190 the proposed use of the property as a
preschool is essential and desirable to the public convenience or welfare as demonstrated by evidence of the
lack of adequate preschool programs in the Town;
2. Pursuant to Town Code Section29.20.3 00 that new information was submitted to the
Council during the requested hearing that was :not readily available at the time of the Planning Commission
review, to wit, that a comprehensive traffic study was performed that identified existing traffic patterns and
mitigating traffic calming measurers;
As required by the Town's Traffic Policy, the proj ect has community benefits which
outweigh the project's associated traffic fmpacts in that additional preschool facilities are needed for the
residents of the Town; and,
4. As required by CEQAthe project is Categorically Exemptpursuantto Section 1530.3
of the State Environmental Guidelines as adopted by the Town.
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RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-99-082
is therefore .granted.
2. The conditions of approval recommended to the Planning Commission, as amended, attached
hereto as .Exhibit A to this Resolution, are hereby adopted as the conditions of approval of :Project
Application PRJ-99-082.
3. Further the Town Council directs staff to initiate the traffic calming measures in the Town
as identified in the comprehensive traffic study, and to work with the County of Santa Clara on traffic
calming measures within the County jurisdiction.
4. The 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the l st day of May, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Jan Hutchins, Joe Pirzynski, .Mayor Steven Blanton.
NAYS: Randy Attaway and Linda Lubeck.
ABSENT: None
ABSTAIN: None
SI
S
LOS GATOS, CALIFORNIA
ATT ~TI
CLERK OF THE 'TnWN OF LO~ u ATOS
LOS GATOS, CALIFORNIA S;~TNS-~:z~
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PLANNING COMMISSION MEETING JULY 28, 1999
RECOMMENDED CONDITIONS OF APPROVAL FOR:
16548 Ferris :Avenue
Project Application PRJ-99-082
Requesting approval of a modification to a Conditional Use Permit to operate
a Montessori School in conjunction with an existing church on properties
zoned. R-1 :8 and prezoned R-1 :8.
PROPERTY OWNER: faith Lutheran Church
APPLICANT; Mariposa Montessori
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
.(Planning Section)
'EXPIRATION OF APPROVALS. Conditional Use Permit (CUP) will expire two years from the date
ofthe approval (July 28, 2001) unlessthe approvals are used before~expiration. Section 29.20:335
defines what constitutes the use of an approval granted under the Zoning Ordinance. Any
application for a one time 1-year extension, must be submitted to the Planning Department atieast
60 days prior to the date that the approval will expire. Any application submitted will require the
...payment of additional fees and additional review by the Planning Commission. Application for a
time extension does not guarantee the applicant/property owner an approval or additional vesting
rights.
2. CONDITIONAL'USEPERMlT REVOCATION/AUTHORIZED USES. Anyviolation of the conditions
imposed by this permit may constitute grounds for revocation of the Conditional Use Permit in the
same manner in which it was approved.
3. ANNEXATION. The property owner/developer shall annex all of the Faith Lutheran. Church
property to the Town prior to the issuance of final occupancy permits for the school.
4. LOT MERGER. The propertyowner/developershallrnerge all ofthe-Faith Lutherah Church parcels
priorto the issuance of final .occupancy permits for the school.
5. TRAFFIGiMPACT MITIGATION FEE (COMMERCIAL). The property owner/developer shall pay
a proportionalfee to the project'sshare of transportation improvements needed to serve cumulative
development within the Town of tos Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be paid before
issuance of the building .permit. The traffic impact mitigation fee for this project using the currenf
feeschedule and submitted project information is $8,670.:00. The final fee shall be calculated from
the final plans using the rate schedule in effect at the time of the building .permit application.
6. CHURCH SANCTUARY USEIHOURS. The propertyowner/church shall limit worship services in
the main church sanctuary to a :maximum of 220 people at any.given time. The hours of services
shall be limited to the following times:
• Monday -Saturday 5:00 p.m. to 10:00 p.m.
• Sunday 7:00 a.m. to 5:00 p.m.
~ Special Events (As allowed with 30 day prior approval of the Planning & Police
Departments)
The property owner/church shall ensure that these uses comply with the requirements of the Town
Code,'including but not limited to, the requirements of the Town's Noise Ordinance & Special Events
Regulations.
7. CHURCH WEDDINGS/FUNERALS USES/HOURS. The property owner/church shall lmitWeddings
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IXHIBIT A
and Funerals on-site to the hours of 8:00 a.m. to 40 p. m. daily. The property owner/church shall
ensure that #hese uses comply with the requirements of the Town Code, including'but not limited to,
the requirements of the Town's Noise Ordinance & Special ..Events Regulations.
8. CHURCH OFFICE USE/HOURS. The property owner/church shall limit the Office uses on-site to the
following hours:
• Monday -Saturday 8:00 a.rn. to 5:00 p. m.
• Sunday 7:00 a.m. to 12:D0 Noon
9. CHURCH COMMUNITY SERVICES/OUTREACH USES/HOURS: The property owner/church shall
limit Community Service/Outreach uses (e:g. 12 .step meetings., counseling services, Girl Scout
activities., Youth Gatherings., Social Meetings, misc. classes, choir practices, Volunteer Days, etc.;)
tothe hours of 7:00 a;m. to 1 O:OO,p.m., daily. The property owner/church shall ensure that these uses
comply with the requirements of the Town Code, ..including .but not limited to, the requirements of the
Town's Noise Ordinance & .Special Events .Regulations.
10. CHURCH COMMITTEE MEETING USES/HOURS. Theproperty owner/church shalllirnitCommittee
Meetings~to he hours of 3:00 p. m. 012:00 Midnight, daily.. The property owner/church shall ensure
that these ..uses comply with the requirements of the Town Code, including 'but not limited to, the
requirements of the Town'ss Noise Ordinance.
11. VACATION BIBLE SCHOOL EVENT. Once per year the property owner/church shall be allowed t
conduct a vacation bibleschool event for parentsand students. The vacation bible school event sha~
be allowed to continue for a maximum duration of 14 days, and is limited to 'the hours of 8 am to 8`
p:m., daily.
12. CHURCH SPECIAL EVENT'USES/HOURS. The property owner/church may have Special Events
(i.e. any on-site activity exceeding 100 people that is .not specifically authorized by this use permit)
with at least 90 days prior notice and preapproval of the Town Police and Planning Departments. The
property owner/church shall .provide the Police .and. Planning Departments the purpose, proposed
uses, dates, times,duration,, and number of persons to attend the event. The property owner/church
shall ensure that these uses complywith the requirements of the Town Code, including but not limited
to, the requirements of the Town's Noise Ordinance & Special Events Regulations.
13. CHURCH SPECIAL EVENTS TRAFFIC/PARKING CONTROL. if he Town determines that an on-
siteSpecial Eventwill generate more parking demand than can be reasonably accommodated by the
existing on-site facilities, he property owner/church. shall provide additional overflow parking which
meets Town standards; stagger or modify :activities/event times or days, provide an off-site park-n-
ride program, and./or otherrneasures to rnitigatethe,parking impacts as required by the Town. The
property owner/church shall,provlde uniformed sworn officers for traffic control during special events
as required byahe Chief of Police or Town designee.
14. CHURCH CARETAKER/PASTOR'S QUARTERS. The existing Caretaker/Pastor's quarters located
in'the church ofFices adjacentto the central play area shall not be expanded without obtaining prior
approvals from the Town.
15. MONTESSORI SCHOOL USE/HOURS. The property owner/school operator shall limit the number
of montessoni school students on-site to a maximum of 50 students at any given time. Any increase
in enrollmentwill require amendmentaftheConditional Use Permitfor the entire facility. The property
owner/school operator shall limit the school's operation to the hours of: 8:15 a:m. - 4:15 p.m.,
Monday through Friday. No weekend hours .are permitted. The property owner/school operator
shall limitschool classesto three (3) morning classes (9:15 a.m.-11:45 a:m.) and three{3) afternoon
classes (1:00 p:m. to 4:00 p.m.). Once permonth the school shall be permitted to conduct parent
meetings between the hours of 4:00 p.m. and 10 p.m. Four times per month the teachers and
administrative staff hall be permitted extended staff hours {7:30 a.m. to 8:00 p.m.) to prepare for
Page 2 Of 4 N:WTY~MONTE.CON
seasonal or holiday school programs that will occur during normal school. hours {8:15 a:m. - 4:15
p.m,).
16. MONTESSORI SCHOOL PARKING LOT RE-STRIPING. The property owner/school operatorshall
re-stripe the parking lotto meet minimumTown Code requirements and also provide the designated
student drop-off area and circulation plan noted on the development plans submitted.
17. MONTESSORI SCHOOL PLAY AREA & FACILITY:FENCES. The property owner/school operator
shall construct the 4 ft. & 6 ft. wooden fences noted on the development ,.,plans submitted .and shall
repair damaged sections of the existing wood fence surrounding the~properky prior to final inspection
approvals or occupancy.
18. OFFICE STAFF. The .maximum number of office staff shall not exceed two (2) individuals.
19. TEACHING STAFF. The maximum number of teachers shall not exceed seven (7) individuals.
20. CARPOOL PROGRAM/TRAFFIC MITIGATION PROGRAM. The property owner/school operator
shall promote carpooling within the- parent community and establish a CAR POOL Committee to
assist in the formation of carpools and create incentives to encourage parents to participate. Th
property owner/school operator shall require parents to use the .most efficient circulation route for
traffic as noted on the development plan. Maps showing the traffic circulation route shall be given to
the parents. The property owner/school operator shall require .parents/staff to have a Mariposa
Montessori School parking sticker in #heir vehicles for identification purposes.
:(Building Section)
21. PERMITS REQUIRED: A parking lot permit application shall be required for the proposed parking
lot improvements. Separate Electrical/Mechanical/Plumbing permitshall be requiredas necessary
for the interior remodeling.
22. CONSTRUCTION PLANS: The Conditions of Approval shall be printed in full on the coversheet
of construction plan submitted for building permit.
23. `SIZE OF PLANS: The maximum size of construction plaris submitted for building permits shall be
24 in. X 36 in.
24. NON-POINT SOURCE POLLUTION STANDARDS: The Town standard'Santa Clara Valley Non-
point Source pollution Control Program specification sheet shall be ..part of plan submittal. The
specification sheet'(size 24" x 36") is available at the Building. Department seniice counter.
25. APPROVALS REQUIRED: The project requires the following agencies approval before issuing
a building .permit: .
a. Santa Clara County Fire Department: 378-401 g
l'O THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WQRKS
(Engineering Section)
r?G. GENERAL. All public improvements shall be made according to the latest adopted Town Standard
Drawings and the Standard Specifications for Public Works Construction. All work shall conform
to the applicable Town ordinances. Adjacent public right-of-way shall be kept clear of all job related
dirt and debris at the end of the day. Dirt and debris shall not be washed into storm sewers. The
storing of goods ahd materials on the sidewalk and/or street will not be allowed unless a special
.permit is issued, The developer's representative in charge shall be at the job site during all working
hours, Failure to maintain the public right-of-way according to this condition may result in the Town
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.Page 4
16548 Ferris Avenue
Project Application PRJ-99-088
July 28, 1999 .
performing the required maintenance at the developer's expense.
27. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction Inspectorat leasttwenty-four(24) hours before starting anywork pertaining
to on-site drainage facilities, grading, or paving: and all work in theTown's right-of-way. 'Failure to do
so will result in rejection of work that went on without'inspection.
28. RESTORATION OF PUBLIC'IMPROVEMENTS. The developer shall repair or replace all existing
improvements not designated for removal that are damaged. or removed because of developer's
operations. Improvements such as, but not limited to, curbs, gutters; sidewalks, driveways, signs,
pavements, raised pavement markers, thermoplastic pavement markers, or signs shall be repaired
and replaced to a condition equal to or better than the original condition. Existing improvements to
be repaired or replaced shall be at the direction of the .Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request awalk-through with the
Engineering-Construction Inspector before the start of construction to verify existing conditions.
29. ENCROACHMENT PERMIT. .All work in the public right-of-way will require a Construction
'Encroachment Permit. All work over $5,000 shall require construction security.
30. SIGNS... The applicantshall install school crossing and othertraffic control signs to the satisfaction
of the Parks and Public Works Director. .
(Parks Section)
31. TREE PROTECTION. Require tree protection fencing to'be placed at dripline of existing trees to be
saved in the area of construction. Fencing shall be four foot.high chain-link attached to steel poles
driven two feet into the ground when at the dripline ofthe tree:. If the fence has to be within eightfeet
of the trunk of the tree a fence base may be used, as in a typical chain link fence that is rented.
32. GENERAL. All existing and newly planted trees shown on theplan are specific subjects of approval
of this plan and must remain on site.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
33. FI RE SPRINKLER SYSTEM. The developer/property owner shall install a Fire Department approved
fire .and evacuation alarm system within all portions of the school facility. A State of California
licensed alarm installing contractor shall submit plansto the Fire Department forreview and approval
prior to performing the necessary work.
34. FIRE DEPARTMENT CLEARANCES. Prior to occupancy and operation, the developer/property
owner shall obtain all necessary operating permits-required fromthe Santa Clara county Department
of Social Services and the Fire Department.'
35. .SITE & FLOOR PLAN REVIEW. Prior to occupancy and operation, the developer/property .owner
shall provide a site and floorplan ofthe classrooms depicted with exit facilities {including path of travel
or assembly areas) currently existing or proposed for the site.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
36. CONSTRUCTION HOURS. Demolition and construction activities will belimited to daytime hours of
8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 7::00 p.m. on weekends.
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