Attachment 1w. TOWN OF LOS GATOS ITEM NO: 1
PLANNING COMMISSION STAFF REPORT
Meeting Date: February 26, 2013
PREPARED BY: Suzanne Avila, Senior Planner
savila(n,losgatosca $ ov
APPLICATION NO.: Architecture and Site Application S -13 -050
Conditional Use Permit Application U -13 -020
LOCATION: 16268 Los Gatos Boulevard (east side of Los Gatos Boulevard),
two lots south of Shannon Road)
APPLICANT/PROPERTY
OWNERS: Fox Creek Fund, LLC
CONTACT PERSON: Gary Kohlsaat, Architect
APPLICATION
SUMMARY: Requesting approval of a Conditional Use Permit and Architecture
and Site application for construction of a new office building on
property zoned C -1. APN 532 -06 -060.
DEEMED COMPLETE: January 31, 2014
FINAL DATE TO TAKE ACTION: July 30, 2014
RECOMMENDATION: Approval, subject to conditions.
PROJECT DATA: General Plan Designation: Mixed Use Commercial
Zoning Designation: C -1
Applicable Plans & Standards: General Plan
Commercial Design Guidelines
Parcel Size: 18,693 square feet
Surrounding Area:
Existing Land General Plan Zoning
Use
East Calv Church Low Denser Residential R -1:8
South Ca1va�Church Low Density Residential R -1:8
West I Single Family PD Mixed Use Commercial CH:PD
Office I Mixed Commercial C -1
CEQA: The project is categorically exempt pursuant to Section 15303 for
construction of an office building less than 10,000 square feet.
ATTACHMENT 1
Planning Commission Staff Report - Page 2
16268 Los Gatos Boulevard/ S -13 -050 U -13 -020
February 26, 2013
FINDINGS:
■ As required by Section 15303 of the State Environmental
Guidelines as adopted by the Town that this project is
Categorically Exempt.
■ As required by Section 29.20.190 of the Town Code for
granting a Conditional Use Permit.
■ That the project complies with the Commercial Design
Guidelines.
■ As required by the Town's Traffic Policy for community
benefit.
CONSIDERATIONS:
■ As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
ACTION:
The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS:
1. Location map (one page)
2. October 23, 2013 Planning Commission minutes (73
transcribed pages)
3. December 16, 2103 Town Council minutes (two pages)
4. Town Council resolution 2013 -055 (three pages)
5. Required Findings and Considerations (two pages)
6. Recommended Conditions of Approval for CUP (one page)
7. Recommended Conditions of Approval for A &S (10 pages)
8. Project data sheet (one page)
9. Applicant's letter (two pages), received February 12, 2014
10. Color and material exhibit (one page)
11. Revised development Plans (19 sheets), received January 31,
2014
BACKGROUND:
The subject property is located on the east side of Los Gatos Boulevard and is the second parcel
south of Shannon Road. The existing 1,988 square foot building on the site was constructed in
the 1940's as a single - family residence and has been used for commercial purposes since 1976.
The property was annexed into the Town in 1961, so there are no building records showing the
actual construction date. County records indicate that the building was modified in 1960 and
cites that year as the effective year built.
The building has been vacant since February 2013, when the applicant purchased the property.
Previous tenants included personal service and office uses.
Planning Commission Staff Report - Page 3
16268 Los Gatos Boulevard/ S -13 -050 U -13 -020
February 26, 2013
There is a 24 foot wide access easement along the north property line. The easement is used to
provide access to the adjacent commercial building and will also be used to access the parking
for the proposed office building.
On October 23, 2013, the Planning Commission considered the subject applications and
following a lengthy discussion, approved the project with added conditions to change the roofing
material to tile and to add balconies on the second floor to reduce massing. The Planning
Commission minutes are attached as Exhibit 2.
On November 4, 2013, the Planning Commission decision was appealed by the owners of the
adjacent commercial property.
On December 16, 2013, the Town Council considered the appeal. The Council granted the
appeal and remanded the matter to the Planning Commission for further consideration of an
increased front setback, possible reduction of building size, and/or stepping back the second
floor on the front elevation. Town Council summary minutes are attached as Exhibit 3 and the
Council resolution is Exhibit 4.
PROJECT DESCRIPTION:
A. Location and Surroundine Neighborhood
The project site is located on the east side of Los Gatos Boulevard, two parcels south of
Shannon Road. The adjacent properties to the north contain a multi -tenant commercial
building located on the corner of Los Gatos Boulevard and Shannon Road and a single -
family residence that fronts on Shannon Road. Calvary Church abuts the property on the
south (side) and east (rear). Office uses and the Laurel Mews Planned Development are
located to the west, across Los Gatos Boulevard.
B. Conditional Use Permit
A Conditional Use Permit (CUP) is required for a new office building in the C -1 zone.
Findings for granting approval of a CUP are included in Exhibit 5.
C. Architecture and Site Approval
Architecture and Site approval is required for the demolition of the existing commercial
building and construction of a new office building. Considerations for the review of
Architecture and Site applications are included in Exhibit 5 as required by Section
29.20.150 of the Town Code.
Planning Commission Staff Report - Page 4
16268 Los Gatos Boulevard/ 5 -13 -050 U -13 -020
February 26, 2013
D. Zoning Compliance
Office activities are a permitted use in the C -1 zone. The proposed project is compliant
with parking requirements, maximum height, lot coverage and setbacks. Greater setbacks
are required on the south side and east (rear) of the building because the adjacent
property is in a residential zone.
ANALYSIS:
A. Architecture and Site
The applicant is proposing to construct a 6,813 square foot two -story office building (the
previous building reviewed by the Planning Commission was 7,047 square feet). Parking
is being provided along the south side and rear property lines and beneath a portion of the
second floor of the building. The building will be 25 feet 7- inches at the highest point,
inclusive of an equipment well that will screen future roof mounted mechanical
equipment. The maximum height allowed in the C -1 zone is 35 feet. General project
data is included in Exhibit 8. The plans have been revised to incorporate the tile roofing
and second floor balconies previously conditioned by the Commission (see sheets A -1,
and A-4 of the development plans, Exhibit 11.
Pursuant to Town Council direction, the building has been set back further from the front
property line. The previous front setback was 15 feet and has been increased to 24 feet
10- inches. The applicant was not able to set the building back any further as it would
eliminate parking spaces and impact drive aisles and backup areas. If the building is
pushed back further it would impact the privacy of the adjacent residence on the north
side of the property. As noted above, the applicant also reduced the building size to
6,813 square feet (previously 7,047 square feet). The applicant has indicated that any
further reduction of the building size would make the project economically infeasible.
The second floor was set back to add balconies as recommended by the Planning
Commission. Setting the second floor back any further would compromise required
ingress and egress (inclusive of the need for an elevator and interior stairs from the front
lobby to the second floor).
The story poles have been revised to reflect the new location and smaller building size
and the project identification sign was revised to indicate the date of the Planning
Commission meeting.
B. Parkin
Business and professional office uses require one space per 235 square feet. A total of 29
parking spaces are required and have been provided as surface spaces along the rear and
south side of the property, and beneath the second floor of the building. The applicant
Planning Commission Staff Report - Page 5
16268 Los Gatos Boulevard/ S -13 -050 U -13 -020
February 26, 2013
has relocated one parking space to the front of the building and will be installing an
electric charging station for this space.
In addition to business and professional office uses, the on -site parking is also adequate
to support retail which is a permitted use in the C -1 zone. Medical office is not being
proposed and would require an amendment to the CUP, if proposed in the future, to allow
appropriate traffic analysis to be completed. If medical office were proposed for the
entire building, 27 parking spaces would be required based on the requirement for one
space per 250 square feet or six spaces per doctor or dentist, whichever is more
restrictive.
Most of the north side of the building will be enclosed to screen the parking and drive
aisle from the street. The fence and wall on the south property line will screen the
parking spaces from the street and adjacent church property.
C. Landscape Plan
Three trees are proposed to be removed including a 38 -inch Italian Stone Pine, 20 -inch
Deodar Cedar and 4 -inch Avocado. Replacement trees have been incorporated into the
landscape plan (see sheet L3.0 of the development plans, Exhibit 11).
In addition there are planters along the north side of the building. Increasing the front
setback has provided additional planting area in front of the building. Landscape buffers
along the front, rear, and south side of the property will be fully landscaped.
D. South Property Line Wall
The applicant proposed a masonry wall with sections of steel panels that will be installed
in the areas where the trees are located (see sheets LLO and L1.1 of the development
plans, Exhibit 11). If all masonry construction were required, four of the trees would need
to be removed and the fifth would be severely impacted and might not survive the
construction. The applicant's proposal will preserve the property line trees and there is
not a residential use on the south side of the parcel. In addition, the proposed wall meets
the intent of the Code as it will provide a solid barrier between commercial and
residentially zoned properties. The Commission agreed with this approach when
approving the original project. The wall design remains the same for the south property
line.
E. Community Benefit
The proposed development will not result in a significant increase in traffic. The net
increase in floor area is 4,825 square feet which will generate about 53 average daily
trips. The project is expected to add seven trips during the a.m. peak period and seven
trips during the p.m. peak period. A traffic impact mitigation fee is required (see
Planning Commission Staff Report - Page 6
16268 Los Gatos Boulevard/ S -13 -050 U -13 -020
February 26, 2013
condition #60, Exhibit 7). As required by the Town's Traffic Policy the applicant is
required to demonstrate community benefit since there will be an increase of more than
five trips during a peak period. The proposed community benefit is the provision of
needed Class A office space and provision of an electric vehicle parking space and
charging station. In addition, the property owner is part of the ownership group that is
investing in and restoring the Los Gatos Theater.
F. General Plan Conforman ce
Applicable goals and policies of the 2020 General Plan include, but is not limited to the
following:
• Policy LU -1.8: Commercial development of any type shall be designed in
keeping with the small town character of Los Gatos.
• Goal LU-4: To provide for well - planned, careful growth that reflects the
Town's existing character and infrastructure.
• Policy LU -6.1: Protect existing residential areas from the impacts of non-
residential development.
• Policy: LU -63: Protect existing residential areas from adjacent non - residential
uses by assuring that buffers are developed and maintained.
• Policy LU -6.5: The type, density and intensity of new land use shall be
consistent with that of the immediate neighborhood
• Policy LU -6.8: New construction, remodels, and additions shall be compatible
and blend with the existing neighborhood.
• Policy LU -12.8: Uses on Los Gatos Boulevard south of Robert s Road shall be
residential or office.
• Goal LU -13: To promote appropriate and compatible development along Los
Gatos Boulevard that complements the whole Town and serves residents and
families.
• Policy LU -13.4: New development along Los Gatos Boulevard shall be
designed to minimize adverse impacts on adjacent residential areas.
• Goal CD -1: Preserve and enhance Los Gatos's character through exceptional
community design.
• Policy CD -1.4: Development on all elevations shall be of high quality design
and construction, a positive addition to and compatible with the Town's
ambiance. Development shall enhance the character and unique identity of
existing commercial and/or residential neighborhoods.
• CD -2: To limit the intensity of new development to a level that is consistent
with surrounding development and with the Town at large.
• CD -3.9: Parking structures and facilities shall have a low profile, be screened
from view and be aesthetically pleasing.
Planning Commission Staff Report - Page 7
16268 Los Gatos Boulevard/ 5 -13 -050 U -13 -020
February 26, 2013
G. Commercial Design Guidelines
Staff and the Architectural Consultant reviewed the project using the Commercial Design
Guidelines and found it to be consistent with common design guidelines, and guidelines
specific to the C -1 district and to Los Gatos Boulevard. The revised design was not
reviewed by the Architectural Consultant as staff determined it was in compliance with
the direction provided by the Planning Commission and Town Council.
H. Los Gatos Boulevard Plan
The land use goals of the Los Gatos Boulevard Plan are as follows:
1. To promote commercial activity that complements the whole Town.
2. To provide a dependable source of income, employment opportunities, goods
and services.
3. To encourage a mix of uses along Los Gatos Boulevard that are compatible with
surrounding uses.
4. To provide a transition from higher density uses at the north end of Los Gatos
Boulevard to existing residential uses at the south end of Los Gatos Boulevard.
Applicable policies include the following:
Neighborhood commercial, multi - family and office uses shall be concentrated
south of Los Gatos - Almaden Road.
Uses on Los Gatos Boulevard south of Shannon Road shall be residential or
office; existing non - residential uses shall not be intensified.
New development must be designed in order to minimize adverse impacts upon
adjacent residential uses.
1. CEOA Determination
The project is categorically exempt pursuant to Section 15303 for construction of an
office building less than 10,000 square feet.
PUBLIC COMMENTS:
Public hearing notices were sent to surrounding property owners within 300 feet of the project
site. Tenants are noticed in addition to the property owner when the owner does not reside on
the premises. As of the date of this report no written correspondence had been received. Staff
met with two of the owners of the adjacent commercial property (north side) and subsequently
with the project architect, property owner and one of the neighboring property owners to review
the current plans. The owners of the adjacent commercial building would like to see the new
building set back further than is proposed.
Planning Commission Staff Report - Page 8
16268 Los Gatos Boulevard/ S -13 -050_, U -13 -020
February 26, 2013
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The project complies with applicable zoning regulations and is consistent with applicable
provisions of the Commercial Design Guidelines. The building will have high quality
architecture and materials and will provide needed Class A office space. The applicant is
also providing a designated parking space for electric vehicles and is installing a charging
station. The building has been further set back from the front property line and has been
reduced in size as directed by the Town Council. Since the initial submittal of the subject
applications the architectural style was significantly modified to have more of a
residential feel and through several iterations of the plans, the building size has been
reduced by about 1,000 square feet.
B. Recommendation
Staff recommends that the Planning Commission take the following actions to approve
the applications:
1. Find that the project is categorically exempt from CEQA (Exhibit 5);
2. Make the required findings for the granting of a Conditional Use Permit (Exhibit
5);
3. Find that the project is consistent with the Commercial Design Guidelines
(Exhibit 5);
4. Find that the project is consistent with the considerations for approval of
Architecture and Site applications (Exhibit 5);
5. Find that community benefit is being provided as required by the Town's Traffic
Policy (Exhibit 5); and
6. Approve Conditional Use Permit application U -13 -006 and Architecture and Site
application S -13 -050, subject to the conditions in Exhibits 6 and 7 and the
development plans (Exhibit 11).
Alternatively, the Commission may take one of the following actions:
1. Approve the subject applications with additional and/or modified conditions of
approval, including the requirement for the wall on the south property line to be
of masonry construction; or
2. Continue the applications to a date certain and provide direction to the applicant
and staff on desired plan changes or additional provision of community benefit; or
3. Make findings to deny the Conditional Use Permit and Architecture and Site
applications.
Planning Commission Staff Report - Page 9
16268 Los Gatos Boulevard/ S -13 -050 U -13 -020
February 26, 2013
FL ,.1.1 A, i 'r/ /.
r
Suzanne Avila, AICP
Senior Planner
SLB:SA:ct
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Approved by
L. Baily, ICP
Director of Community Developme
cc: Fox Creek Fund, LLC, 15466 Los Gatos Boulevard, Suites 109 -153, Los Gatos, CA 95032
Gary Kohlsaat, Kohlsaat & Associates, 51 University Ave., Ste. L, Los Gatos, CA 95030
N'OEVIPC REPORTS\20141LCB16268- CUP- A&S.doc
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