Attachment 1SOWN p
TOWN OF LOS GATOS ITEM NO: 2
PLANNING COMMISSION STAFF REPORT
Meeting Date: February 26, 2014
PREPARED BY: Suzanne Avila, Senior Planner
savila atlosaatosca.gov
APPLICATION NO.: Subdivision Application M -13 -003
Environmental Impact Report EIR -13 -002
LOCATION: 100 Prospect Avenue (west of Reservoir Road and east of College
Avenue at the northerly terminus of Prospect Avenue)
APPLICANT /PROPERTY
OWNERS: Sisters of the Holy Names of Jesus and Mary
CONTACT PERSON
APPLICATION
SUMMARY:
RECOMMENDATION
PROJECT DATA:
Sister Mary Pat Le Roy
Requesting approval of a Vesting Tentative Map for subdivision of
a 10.3 acre parcel into 17 lots on property zoned R -1:20. APN 529-
44 -005.
DEEMED COMPLETE: February 7, 2014
FINAL DATE TO TAKE ACTION: 30 days from Planning
Commission adoption of minutes from the meeting where a
recommendation is forwarded to the Town Council.
Forward a recommendation to Town Council for approval of the
Subdivision application and certification of the Final FIR.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards
Parcel Size:
Surrounding Area:
Low Density Residential
R -1:20
General Plan
Zoning Ordinance
Subdivision Ordinance
Subdivision Map Act
10.3 acres
ATTACHMENT I
Existing Land Use
General Plan
Zoning
North
; Single- Family Residential
Low Density Residential
' R -1:8
East
Single- Family Residential
Low Density Residential
R -1:20
South
Single - Family Residential
Low Density Residential
R -1:20
West
Single - Family Residential
Low Density Residential
R -1:8
ATTACHMENT I
Planning Commission Staff Report - Page 2
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
CEQA: Environmental review was completed as required by CEQA. The
applicant elected to prepare an Environmental Impact Report
(EIR).
FINDINGS: ■ As required by Section 66474 of the Subdivision Map Act if
the Planning Commission denies the subdivision application.
■ As required by Policy HOU -9.1 of the Housing Element for
new housing developments of three units or more.
CONSIDERATIONS: None.
ACTION: The Town Council is the final review authority for a Vesting
Tentative Map. The Planning Commission will be making a
recommendation to the Town Council.
EXHIBITS: Previously received under separate cover:
1. Draft FIR
2. Final EIR /Response to Comments
Attached to this report:
3. Location map (one page)
4. Mitigation Monitoring & Reporting Plan (I I pages)
5. Required Findings and Considerations (one page)
6. Recommended Conditions of Approval (21 pages)
7. Project description and letter of justifications (16 pages total),
received August 14, 2013 and February 5, 2014.
8. Letters of support (five pages), received February 17 -19,
2014
9. Development Plans (nine sheets), received February 5, 2014
BACKGROUND:
The subject 10.3 acre property is located on the west side of Prospect Avenue, east of College
Avenue, at the northerly terminus of Prospect Avenue. Kimble Avenue and Reservoir Road tie
into the Prospect Avenue frontage. The property was acquired by the applicant in 1945 and is
developed with a convent and conference facility that opened in 1952. Existing buildings on the
site total 85,367 square feet. The two largest buildings are three stories, two buildings are two -
stories and two buildings are single- story. The site also includes surface parking lots, paved
paths and driveways, unpaved service roads and various landscaped areas. One of the structures,
the "Stone House" is on the Town's Historic Resources Inventory.
Planning Commission Staff Report - Page 3
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
There are 1,000 Sisters of the Holy Naives worldwide with 169 residing in California and 66
Sisters residing at the Prospect Convent. Additional history and detail on the property and
subdivision proposal is contained in the applicant's letters (see Exhibit 7).
The convent and conference facilities operate under a Conditional Use Permit (CUP) that allows
a wide range of uses including housing, care facilities, educational uses, retreats, recreational
activities, masses, celebrations, common dining, and other religious and community activities.
The campus can house up to 140 sisters and operates 24 hours a day, 365 days a year. Up to 65
employees travel to and from the site on a daily basis covering three work shifts. The convent is
a full service retreat and conference center for the Sisters and other organizations and can
accommodate up to 150 people.
The Sisters intend to sell the property following approval of the subdivision application. The
sale of the property will provide funding for the health care and housing needs of aging
members. The purchaser of the property will demolish the existing site improvements, install
subdivision improvements, and either develop the lots or sell them to individuals for
development of custom homes.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The 10.3 acre property is surrounded by properties developed with single- family homes
and ancillary uses. Properties on College Avenue to the west are zoned R -1:8. Properties
on Prospect Avenue and Court to the east and south are zoned R -1:20. A 1.5 acres parcel
on Prospect Avenue is also owned by the Sisters. This property, the Villa Holy Names, is
a separate unconnected parcel that will be retained by the Sisters, and is not part of the
proposed subdivision.
B. Conditional Use Permit
The CUP for the convent and conference facilities includes the Villa Holy Names
property. The CUP will need to be amended to be specific to the use of this property and
to exclude the 10.3 acre parcel that is proposed to be subdivided.
C. Subdivision Application
A Subdivision application is required to split the 10.3 acre property into the proposed 17
lots. A Vesting Tentative Map is proposed which requires Town Council approval
pursuant to Town Code Section 24.20.020. The Planning Commission is a
recommending body for this application.
A Vesting Tentative Map includes the provision that Town ordinances, standards and
policies that are in place at the time of approval will be applicable to the project,
Planning Commission Staff Report - Page 4
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
inclusive of future development of the lots. The project would not be subject to any
subsequent amendments or updates to these ordinances, standards and policies (see
Section A under Analysis for additional information).
The State Subdivision Map Act includes seven findings related to subdivision of land
(see Exhibit 5). If any of the findings can be made, it is grounds for denial of the
Subdivision application.
D. Zoning Compliance
The proposed subdivision is compliant with minimum lot size, frontage, and lot depth
requirements for the R -1:20 zone and with Subdivision Ordinance requirements,
including public street standards and provision of utilities.
E. Architecture and Site Applications
Following approval of a Subdivision application, Architecture and Site (A &S)
applications will be required for the demolition of the existing structures and
development of each new residence. Story poles will be installed when applications for
new houses are submitted, and required technical reviews including Architectural,
Arborist and Geotechnical evaluation, will be completed as part of the A &S process. The
property is in the Hillside Area and the Hillside Development Standards and Guidelines
will be used in the review of future A &S applications.
ANALYSIS:
A. Vesting Tentative Map
The applicant is requesting approval of a Vesting Tentative Map to subdivide a 10.3 acre
property into 17 lots. With the R -1:20 zoning, which requires a minimum lot size of
20,000 square feet, the maximum number of lots that could be proposed is 21. The
applicant conducted a detailed site assessment and determined that 17 lots would be more
appropriate based on existing site constraints including topography and trees, the existing
lot sizes and pattern in the area, and the desire to provide adequate building sites that will
minimize site impacts. The proposed number of lots is consistent with the allowable
density and the General Plan land use designation of Low Density Residential (0 to 5
units per acre).
As part of the Vesting Tentative Map approval, Town ordinances, standards, and policies
in effect at the time the subdivision application is approved would be applicable to all
subsequent steps to complete the project, inclusive of the following:
• General Plan and Housing Element
• Town Municipal Code (including without limitation Zoning and Subdivision
Ordinances)
Planning Commission Staff Report - Page 5
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
• Zoning Map
• Below Market Price Ordinance, Resolutions and Guidelines
• Tree Protection Ordinance
• Traffic Impact Policy, Traffic Impact Mitigation Ordinance, and Traffic Impact
Fee Resolution
• Hillside Development Standards & Guidelines
• Community Benefit Policy
• Guidelines and Standards for Land Use Near Streams
• In -Fill Development Policy
• Attic Policy
• Cellar Policy
• Environmental Review Procedures Policy
• Story Pole Policy
• Comprehensive Fee Schedule
As previously mentioned, any amendments or updates to the above items would not be
applied to the project. If the vesting tentative map is not recorded within the time limits
provided for in the State Subdivision Map Act, the vesting rights would be forfeited and a
new approval would be required.
Pursuant to Town Code Section 24.70.040, a future permit, approval, extension, or
entitlement may be made conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
2. The condition or denial is required in order to comply with State or Federal law.
B. Neighborhood Compatibility
The property is surrounded by single - family homes. Development of the proposed 17
lots with new single - family homes would be consistent with existing development. Plans
for future homes will be evaluated for neighborhood compatibility as part of the A &S
process.
C. Lot Size
The lot sizes for the proposed subdivision range from 20,000 to 38,496 square feet, with
an average lot size of 25,094 square feet. Lot sizes for existing parcels adjacent to the
project site that are zoned R -1:20 range from 14,810 to 40,946 square feet, with an
average size of 24,247 square feet. These properties are located on Prospect Avenue and
Reservoir Road. Adjacent lots on College Avenue were not included as they are in an R-
1:8 zone and are generally smaller since the minimum lot size for that zoning district is
8,000 square feet.
Planning Commission Staff Report - Page 6
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
The list of these adjacent parcels is included on page 8 -38 of the Response to Comments
(Exhibit 2, previously received under separate cover). There is also an expanded list of
lots in the vicinity of the project site that are located on Ambassador Court, College
Avenue, Prospect Avenue, Prospect Court, Kimble Avenue and Reservoir Road see page
8 -39 of Exhibit 2). The average lot size for the expanded area is 24,319 square feet.
D. Lot Configuration and Frontage
The lot design was based on a detailed site evaluation. The applicant selected the most
appropriate building sites with the goal of minimizing site impacts, including tree
removals and grading.
The Town Code requires lots on a cul -de -sac to have at least 30 feet of frontage, interior
lots to have a minimum of 100 feet of frontage and comer lots to have a minimum of 115
feet of frontage. The minimum lot depth is 140 feet. The proposed lots meet all of these
criteria.
Proposed lots 4 through 9 and 14 though 17 have a relatively small amount of street
frontage (30 to 66 feet). These lots are on a cul -de -sac and may have as little as 30 feet
of frontage. A review of lot frontages for existing properties on Prospect Avenue,
Prospect Court and Reservoir Road shows that the average frontage for adjacent lots in
the R -1:20 zone is 110.5 feet with a range of 39.6 to 144 feet. The average frontage for
lots in the area is 104 feet, ranging from 22.9 to 196 feet. The average frontage for the
proposed subdivision is 77 feet, with a range of 30 to 169 feet. Tables showing the
properties surveyed are on pages 8 -38 and 8 -39 of the Response to Comments (Exhibit2).
E. Demolition
All of the existing facilities are proposed for demolition. An Architecture and Site
application is required for the demolition of the structures, including the Marian, Siena,
Cortona and Seraphine Buildings, Stone House, and Regional Office. Condition #4
specifies that the A &S application is required and that the Development Review
Committee (DRC) will be the deciding body for the application. The Historic
Preservation Committee will be considering the demolition of the Stone House since that
structure is included in the Town's Historic Resources Inventory. Staff will report on the
outcome of that meeting at the Planning Commission hearing. Findings are not otherwise
required for the demolition since none of the structures are single - family residences.
F. Trees
The Town's Consulting Arborist conducted multiple site visits, reviewed the proposed
plans and prepared an arborist report (Appendix B to the Draft EIR). All trees in the
vicinity of proposed development were evaluated, inclusive of future home sites. A total
of 75 trees will be removed for roadways and lot development. Nineteen additional trees
Planning Commission Staff Report - Page 7
100 Prospect Avenue/M -13 -003, EIR -13 -002
February 26, 2014
could be affected by future lot development and nine trees were determined to be
hazardous and were recommended for removal. Additional arborist review will be done
when specific home designs are reviewed through the A &S process.
G. Traffic
The applicant submitted a traffic analysis that was peer reviewed by the Town's Traffic
Consultant, TJKM. The proposed 17 -lot subdivision will not result in an increase in
traffic over the existing use of the site as a convent and conference center. The average
daily trips associated with 17 single - family homes will be substantially less than the trips
generated by the existing uses on the site.
H. General Plan Conformance
Applicable goals and policies of the 2020 General Plan include, but are not limited to, the
following:
• Goal LU -1: To preserve, promote, and protect the existing small -town character and
quality of life within Los Gatos.
• Policy LU -1.1: Encourage developers to engage in discussions as early as possible
regarding the nature and scope of the project and possible impacts and mitigation
requirements.
• Policy LU -13: To preserve existing trees, natural vegetation, natural topography,
riparian corridors and wildlife habitats, and promote high quality, well designed,
environmentally sensitive, and diverse landscaping in new and existing
developments.
• Goal LU -4: To provide for well - planned, careful growth that reflects the Town's
existing character and infrastructure.
• Policy LU -4.2: Allow development only with adequate physical infrastructure.
• Goal LU -5. To encourage public involvement in Town planning processes.
• Goal LU -6: To preserve and enhance the existing character and sense of place in
residential neighborhoods.
• Policy LU -6.5: The type, density and intensity of new land use shall be consistent
with that of the immediate neighborhood.
• Policy LU -7.3: Infill projects shall contribute to the further development of the
surrounding neighborhood and shall not detract from the existing quality of life.
• Policy HOU -2.4: Demonstrate that all new residential development is sufficiently
served by public services and facilities, including pedestrian and vehicular
circulation, water and wastewater services, police, fire, schools, and parks.
• Policy HOU -9.1: All approvals of residential developments of three or more units
shall include a finding that the proposed development is consistent with the Town's
Housing Element and addresses the Town's housing needs as identified in the
Housing Element.
Planning Commission Staff Report - Page 8
100 Prospect Avenue /M -13 -003, EIR -13 -002
February 26, 2014
The applicant's letter includes a summary of General Plan conformance, inclusive of the
above goals and policies, as well as goals and policies that are applicable to future A &S
applications (see pages 13 and 14 of Exhibit 7).
F. CEQA Determination
While an Initial Study and Mitigated Negative Declaration could have been prepared for
the project, the applicant elected to have an Environmental Impact Report (EIR)
prepared. As part of the environmental review process a number of technical reports
were prepared, including a tree inventory, archaeological, biological, historical, noise,
geotechnical, storm water management and traffic analyses. Reports that were prepared
by outside consultants were peer reviewed by Town Consultants, inclusive of the
geotechnical, storm water management and traffic reports. A more extensive arborist
report was prepared by the Town's Consulting Arborist.
The Notice of Availability for review of the Draft EIR (DEIR) was released on October
22, 2013, with the 45 -day public review period ending on December 6, 2013. On
November 12, 2013 the Planning Commission held a public hearing to accept comment
on the DEIR. Verbal comments were received from five individuals. Written comments
on the DEIR were received from two residents. Letters were also received from Santa
Clara County Valley Transportation Authority (VTA) and Los Gatos Union School
District stating that those agencies had no comments on the document. The Response to
Comments was completed on February 10, 2014 and was distributed for the required 10-
day public review. The Response to Comments and the Draft EIR are combined to form
the Final EIR.
A Mitigation Monitoring and Reporting Plan (MMRP) has been prepared as required by
CEQA (see Exhibit 4). The MMRP includes all mitigation measures, which
department(s) is /are responsible for ensuring that the mitigation measure is properly
implemented and the timing. The mitigation measures have also been incorporated into
the conditions of approval (Exhibit 6).
The Planning Commission will be making a recommendation on the certification of the
Final FIR and adoption of the MMRP to the Town Council.
PUBLIC COMMENTS:
Public hearing notices were sent to surrounding property owners within 300 feet of the project
site. House occupants are noticed in addition to the property owner where the owner does not
reside on the property. A number of letters of support have been received (see Exhibit 8).
The applicant did considerable public outreach for the proposed project, holding a number of
community meetings with neighbors and meeting with interested individuals to answer questions
and address concerns. Updates were sent to neighbors as the project moved through the process.
Planning Commission Staff Report - Page 9
100 Prospect Avenue/M -13 -003 EIR -13 -002
February 26, 2014
Additional details on public outreach are included in the applicant's letter dated February 5, 2013
(Exhibit 7).
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed subdivision is compliant with the Zoning and Subdivision Ordinances and
with applicable General Plan goals and policies. The return of the property to single -
family residential use will be compatible with existing residential land uses that surround
the site. Staff recommends that the Planning Commission forward a recommendation to
the Town Council for approval as outlined below.
B. Recommendation
Staff recommends that the Planning Commission forward a recommendation of approval
to the Town Council on the following:
1. Certification of the EIR;
2. Adoption of the Mitigation Monitoring and Reporting Plan (Exhibit 4);
3. Required findings for approval of a residential project with more than three units
(Exhibit 5);
4. Action on Subdivision application M -13 -003 (per the recommended conditions in
Exhibit 6 and the development plans, Exhibit 9).
Alternatively, the Commission may take one of the following actions:
1. Continue to a date certain with specific direction to staff and the applicant with
the applicant's consent to an extension of time to act on the application; or
2. Make one or more of the findings to deny the subdivision (Exhibit 5) and forward
a recommendation for denial of the Subdivision application to the Town Council.
In this event, the Commission should also forward a recommendation on
certification of the EIR.
Prepared by: eApprvoved by:
Suzanne Avila, AICP . Baily, AICP
Senior Planner Director of Community Development
44011 `7:i[.ii
cc: Sister Mary Pat Le Roy, SNJM, P. O Box 907, Los Gatos, CA 95031
Leatha Clark, Morley Bros., 405 Alberto Way, Suite 3, Los Gatos, CA 95032
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