1996-126 - Grant an appeal of a Planning Commission decision to deny a request for approval of a CUP to increase the maximum allowable enrollment of students at 16845 Hicks RoadRESOLUTION 1996 - 126
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST
FOR APPROVAL OF A CONDITIONAL USE PERMIT TO INCREASE THE MAXIMUM
ALLOWABLE ENROLLMENT FROM 540 TO 770 STUDENTS AND FOR AN
APPROXIMATELY 17,500 SQUARE FOOT YOUTH RECREATIONAL FACILITY /GYM,
AND AN ARCHITECTURE AND SITE APPLICATION FOR THE CONSTRUCTION OF
A MIDDLE SCHOOL FACILITY CONSISTING OF EIGHT (8) TEMPORARY, ONE -
STORY CLASSROOMS; AN OFFICE FACILITY FOR THE SCHOOL; A RESTROOM
STRUCTURE; AND ONE (1) OUTDOOR BLEACHER FOR A MAXIMUM OF 200 SEATS
FOR DAYTIME USE ON PROPERTY IN THE HR -1 ZONE WITH CONDITIONS;
PROJECT APPLICATION PRJ -96 -6
NEGATIVE DECLARATION APPLICATION ND -96 -6
168 45 aYQJ .
(PROPERTY ADDRESS: - F64i&HIdKS ROAD
PROPERTY OWNER/APPELLANT: LOS GATOS CHRISTIAN CHURCH)
WHEREAS:
A. This matter came before the Council for public hearing on August 5, 1996, on an
appeal by the Property Owner 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 Property
Owner 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 packets attached to the Council Agenda Reports dated July 25,
August 1, and August 5, 1996, concerning this application. The Council received and considered
additional testimony, argument, and documentation pursuant to the Ralph M. Brown Act of the
State of California at the Council meetings on September 3, 1996, and October 7, 1996, including
the Agenda Report dated October 4, 1996. In addition, the Council has heard and considered an
application for a school use (PRJ- 96 -35) at a nearby parcel of property at 17101 Hicks Road,
known as the Challenger site, at its meeting on September 16, 1996, which also involved
extensive testimony and documentation, including a proposed negative declaration ND -96 -5. In
addition, each of the Councilmembers voting on this resolution has visited the site and
neighborhood at the invitation of both the applicant and the neighbors.
C. The current and proposed church facilities of the Property Owner provide important
and substantial benefit to the community, and the Property Owner is willing to make them
available to the public at large.
D. The traffic impacts are mitigated by the short distance of travel from Camden
Avenue to Hicks Road of approximately one -tenth of a mile, and the majority of trips will take
place during off -peak hours and in short concentrated blocks of duration.
E. The conditions developed by Town Staff and attached as Exhibit A hereto also
mitigate the effects of this application. In addition, the Council is applying 2 additional
conditions:
i. One regarding traffic circulation (Condition # 2) to reduce the usage of Hicks
Road and effects on neighbors; and
ii. Another regarding a pedestrian/bicycle trail along the Hicks Road perimeter of
the property (Condition # 1) that will enhance the safety of pedestrians and
bicyclists that use Hicks Road and also come to the project site.
These conditions will further mitigate the project's possible effects. The Property Owner has
offered and agreed to these additional conditions. Conditions regarding the length of time during
which the temporary structures will be used should be and are revised in Exhibit A.
F. The Town of Los Gatos is a diverse community, and the Town continues to protect
both the rural and urban aspects of the community. It is important to sustain the demarcation
between urban and rural.
G. The project site is already developed as a church and school, and the majority of
the activities proposed in this application are already present. The proposed project would bring
many of those activities inside and sustain a more rural setting consistent with the HR Zone.
H. Traffic has changed: Hicks Road has been widened and driveways provided along
the project site; Highway 85 has reduced traffic on Blossom Hill Road; and the traffic light at
Camden and Hicks Road has helped a good deal. The proposed pedestrian and bicycle trail will
also help.
I. The increase in traffic at the Hicks Road and Camden Avenue intersection will be
small.
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J. The proposed use as conditioned is consistent with the Town General Plan and the
Zoning Code.
K. As to the conditional use permit modification:
1. It is desirable to have a new youth facility in the Town and the addition of new
school space will also benefit the community.
2. The proposed modification will not impair the. HR Zone because of the
mitigating conditions imposed on the modification and the dedication and construction of a new
pedestrian/bicycle trail
3. The addition of conditions will further mitigate traffic flow.
4. The proposed project as sited and conditioned works well in the Zone, given
that the school and church exists already.
L. The Negative Declaration was properly adopted by the Planning Commission.
M. It appears that the Planning Commission erred by giving insufficient weight to the
public benefit derived from the current and proposed uses of the project site and the traffic effects
being mitigated by the short distance on Hicks Road to the project site and the majority of the
vehicle trips occurring in off -peak hours.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
96 -6 and Negative Declaration Application ND -96 -6 is granted.
2. The Negative Declaration is adopted.
3. The application for a conditional use permit to increase the maximum allowable
enrollment from 540 to 770 students and for an approximately 17,500 square foot youth
recreational facility /gym, and an architecture and site application for the construction of a middle
school facility consisting of eight (8) temporary, one -story classrooms; an office facility for the
school; a restroom structure; and one (1) outdoor bleacher for a maximum of 200 seats for
daytime use is approved subject to the provisions of the Town Code and the conditions specified
in Exhibit A and as generally shown in Exhibit B hereto.
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4. This decision does not and shall not constitute any precedent for permitting any
particular facilities or uses in the HR districts or anywhere else in the Town, and the Town
Council shall continue to examine each request on a specific site, design, and use basis under the
Town Code and Town policies.
Pursuant to Town Code § 29.20.320, this approval will expire two years from the date that
this resolution was adopted unless the approval is used before expiration. Section 29.20.335
defines what constitutes use of an approval granted under the Zoning Code. Reasonable time
extensions of the approval not exceeding one year may be granted upon application to and
approval by the Planning Commission, but the Commission approval must occur before the initial
expiration of the approval occurs.
This 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 7th day of October, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Mayor Randy Attaway
NAYS: None
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EXHIBIT A
CONDITIONS OF APPROVAL OF
PRJ -96 -6
16845 HICKS ROAD
The following conditions of approval incorporate all pertinent conditions from past approvals
TO SATISFACTION OF PLANNING DIRECTOR:
(Planning Department)
DEDICATION AND CONSTRUCTION OF PEDESTRIANBICYCLE TRAIL ALONG HICKS ROAD.
As offered by the applicant, the applicant shall dedicate a 15 -foot wide easement along the Hicks Road
frontage of the site (about 2000 feet long) for a pedestrian and bicycle trail and shall construct the trail to
Town standards.
2. CIRCULATION PLAN. Applicant shall develop an ingress and egress circulation and signage plan for the
site that will minimize traffic impacts on Hicks Road, Burke Road, and uphill neighbors. One possible
aspect of the plan could be to channel traffic coming to the site into the first driveway to the property from
Hicks Road as traffic comes from Camden Avenue. In addition, consideration shall be given to the
following: 1) Placement of a traffic monitor at the intersection of Hicks and Burke Roads during high
traffic periods to facilitate movement of traffic from Burke Road onto Hicks Road; 2) limit access from the
property driveway onto Burke Road; and 3) limit vehicle traffic along the north /northwest property line
near the adjacent residential property. The plan will be reviewed by both the Town Engineer and the
Police Department, with final approval by the Planning Director.
3. LIMITED TERM OF USE OF TEMPORARY STRUCTURES. The use of any temporary structures for a
middle school facility or any other use on -site is limited to no more than five (5) years after the date of
issuance of the first certificate of use and occupancy for the first temporary structure approved in this
architecture and site application. No time extensions shall be granted by the Town to extend this 5 -year
period. The applicant shall cease the use of the temporary structures and remove them from the site at the
end of the 5 -year period.
4. PEDESTRIAN ACCESS TO RECREATIONAL FACILITY /GYMNASIUM. The property
owner /developer shall submit detailed plans to ensure adequate pedestrian access to the proposed
recreational facility /gymnasium in conjunction with the required architecture and site application.
ARCHITECTURE AND SITE APPROVALS REQUIRED. A separate architecture and site application
and approval is required from the Town prior to the issuance of any permits or construction of the
proposed 17,500 square foot youth recreational facility/gym. This application must be submitted and
approved by the Town before the expiration of the conditional use permit approval (2 years from the CUP
approval date).
6. REPLACEMENT OF MIDDLE SCHOOL FACILITIES. A separate architecture and site application and
approval is required from the Town prior to the issuance of any permits for the construction of permanent
replacement school facilities on -site.
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SPECIAL EVENTS, PARKING, AND TRAFFIC CONTROL, Los Gatos Christian Church shall provide
the Special Events Coordinator at least 90 days prim notice of any special event including the dates, times,
duration and numbers of persons to attend the event. If the Town determines that an on -site special event
will generate more parking demand than can be reasonably accommodated by the existing on -site facilities,
the Church shall provide additional overflow parking which meets Town standards, stagger or modify
event times or days, provide an off -site park -n -ride program, and /or other measures to mitigate the
parking impact as required by the Special Events Coordinator. Los Gatos Christian Church shall provide
uniformed swom officers for traffic control during special events as required by the Special Events
Coordinator.
8. RECREATIONAL FACILITY /GYMNASIUM HOURS. No recreational center events shall be permitted
to begin or end between the hours of 4:30 p.m. and 6:30 p.m. on weekdays. The gymnasium facility
shall not be used during the same time periods that Sunday services or events are be held
in the main auditorium or worship areas.
LIMITATION ON HOURS. Hours of operation:
DAYSCHOOL
Monday through Friday: 7:00 a.m. to 6:00 p.m.
GYMNASIUM /YOUTH ACTIVITY
Monday through Saturday 9:00 a.m, to 10:00 p.m.
CENTER (for non - school activities)
(with no events starting or ending between 4:30 and 6:30 p.m.)
WORSHIP AREA
Monday through Saturday: 8:00 a.m. to 10:00 p.m.
Sunday: 8:00 a.m, to 8:00 p.m.
(No service to start before morning hour shown or to end past
evening hour shown)
SPECIAL EVENTS
No more than 28 times during the calendar year, these hours
may be exceeded for special events, which are seasonal
activities, holidays, drop -off and pick -ups for trips, occasional
youth overnighters, and /or cleanup /setup for events.
STAFF
Staff arrival and departures may also exceed the hours
limitation on a reasonable basis only.
10. USE LIMITATIONS. Fellowship dinners, banquets, athletic events, and /or special
events held on -site shall not be scheduled concurrently with any other event. The school
facility shall only be open on weekdays and shall not operate on weekends. The proposed
200 seat bleachers shall not be used at night and no outdoor lighting for the bleacher area
is permitted.
11. COVERSHEET NOTES. A copy of this letter stating the required Conditions of Approval shall be printed
on the cover sheet of the final development plans submitted to the Building Department for building
permits.
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12. MAXIMUM SEATING IN EXISTING AUDITORIUM & WORSHIP /FELLOWSHIP AREAS. The
maximum seating allowed for the Church's existing auditorium and worship /fellowship areas is a total of
1,901 seats.
13. SITE PARKING REQUIREMENTS. The established parking requirement ratio for this site is I parking
space for each 3.6 seats in assembly areas. This parking requirement shall be provided only on -site in
marked parking stalls and must conform to all Town standards. No parking is permitted on Burke Road or
along driveways or aisles. The property owner/ developer shall continuously provide 756 spaces on -site.
14. MAXIMUM SCHOOL ENROLLMENT. The maximum student enrollment for the day school shall not
exceed 770 students.
(Engineering Section)
15. DRIVEWAY SIGHT DISTANCE IMPROVEMENTS. The applicant shall construct both landscaping and
hardscape improvements at all driveways to the satisfaction of the Planning Department's Engineering
Section in order to maintain adequate sight distances. Plans for these improvements shall be approved by
the Planning Department's Engineering Section prior to the issuance of building permits.
16. GRADING PERMIT. A grading permit is required for roadway widening, on -site driveway, grading,
drainage and erosion control. A separate application for a grading permit shall be made to the
Development Engineering Section of the Planning Department. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Unless
specifically allowed by the Director of Building and Engineering Services, the grading permit will be
issued concurrently with the building permit.
17. SOILS REPORT. Two copies of the soils and geologic report shall be submitted with the grading permit
and public improvement application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports
shall be signed and "wet stamped" by the engineer, in conformance with Section 6735 of the California
Business and Professions Code.
18. WELLS. A well information questionnaire (available through the Counter Technician) shall be completed
before the issuance of the building permit.
TO SATISFACTION OF DIRECTOR OF PARKS & FORESTRY DEPARTMENT:
19. TREE PROTECTION ON -SITE AND OFF -SITE. All existing trees both on and off -site in the immediate
vicinity of the project which may be affected by construction and are not approved for removal shall be
protected prior to and during construction only by Parks and Forestry Department approved mitigation and
protection measures.
20. IMPERVIOUS SURFACES. All impervious surfaces encroaching under the dripline of existing trees shall
have aeration tubes installed and these tubes locations shown on the plans.
21. TREE DRIPLINE LIMITATIONS. Construction or grading is prohibited within the dripline of existing
trees. Tree protection fencing is required at the dripline of the trees proposed to be retained, prior to and
during construction. This condition applies to both on -site and off -site tree in the immediate vicinity of the
proposed project which may be affected by the proposed construction of this project.
Iin;
22. TREE PROTECTION. Existing trees shall be protected prior to and during construction only by Parks and
Forestry Department approved mitigation and protection measures. The applicant should contact the Parks
and Forestry Department at (408) 399 -5774 or 399 -5777 for site - specific mitigation measures.
23. LANDSCAPE PLAN REQUIREMENT. A concise landscaping plan consistent with the elements of the
conceptual landscaping plan received on January 17, 1996, shall be submitted to the Parks and Forestay
Department prior to the issuance of a building permit. The plan shall include a tree planting legend which
includes species, size, and quantity of the proposed trees.
24. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in- ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native trees and
vegetation or any water sensitive species such as Oak trees.
25. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the
Town of Los Gatos Water Conservation Ordinance. A review fee based on the latest Town Council
adopted fee schedule is required when working landscape and irrigation plans are submitted for review.
TO SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
26. FIRE PROTECTION. The proposed structures shall meet all applicable Building and Fire Code
requirements.
27. FIRE SPRINKLER SYSTEM REQUIRED. The property owner /developer shall provide an approved
automatic fire sprinkler system throughout all portions of the proposed Youth Activities Center building.
28. DRIVEWAY PAVING. Pavement for the driveways shall be in place to the point of the first lift of asphalt
prior to the start of framing construction for the proposed Youth Activities Center building.
TO SATISFACTION OF DIRECTOR OF BUILDING & ENGINEERING SERVICES:
29. REQUIRED SCHOOL ZONE SIGNS. The property owner /developer shall install and permanently
maintain two (2) Cal -Trans approved advance school symbol signs(W63, Installation A) and two school
speed zone designation signs (W65,R2, R72, Installation C) on Hicks Road to the satisfaction of the Town
Building and Engineering Department.
30. CONSTRUCTION WORK HOURS/NOISE. Construction work hours shall be limited to 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends in accordance with the Town Noise Ordinance.
Procedures with the highest noise potential shall be scheduled for the times during which the ambient noise
levels are highest (i.e., during peak commute hours.) The developer's contractor shall employ the quietest
alternative equipment to muffle or control noise from available equipment. Especially noisy operations
such as mixing concrete shall be performed off -site and not in the general vicinity of the project site.
31. 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 day. Dirt and debris shall not be washed into storm sewers. The storing of goods and
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 performing the required
maintenance at the developer's expense.
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32. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering
Construction Inspector at least twenty -four (24) hours before starting any work pertaining to on -site
drainage facilities, grading, or paving; and all work in the Town's right -of -way. Failure to do so will result
in rejection of work that went on without inspection.
33. GRADING MORATORIUM. No grading or earth - disturbing activities shall be initiated in hillside areas
between October 1 and April 15 of each year. For grading operations commenced before October 1, all
grading or earth - disturbing activities shall cease October 15 and will not be allowed to restart until April
15. These limitations include, but are not limited to these items: driveways, building pads, foundation
trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility
trenches. Install interim erosion control measures, shown on the approved interim erosion control plan, by
October 1, if final landscaping is not in place. Maintain the interim erosion control measures throughout
the October 1 to April 15 period.
34. GRADING INSPECTIONS. The soils engineer or his qualified representative shall continuously inspect
all grading operations. The soils engineer shall submit a final grading report before occupancy /Certificate
of Completion.
35. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
d. Retaining wall - -top of wall elevations and location
e. Toe and top of cut and fill slopes
36. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the
Engineering Development Section of the Planning Department. Grading activities shall be limited to the
period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on this area if grading that is allowed to go on during the rainy season. In
addition, straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. Install
filter berms, check dams, retention basins, silt fences, and straw bale dikes as needed on the project site, to
protect downstream water quality during winter months.
37. DUST ABATEMENT MITIGATION. The construction site shall be sprinkled with water at least twice
per day by the developer. Haul trucks and material stock piles shall be covered, and surrounding streets
shall be swept at least once per day by the developer during construction.
38. UTILITIES. The developer must agree to install all utility service, including telephone, electric power, and
other communications lines underground, according to Town policy.
39. RESTORATION OF EXISTING 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 markings, 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 a walk - through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
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40. DRIVEWAY APPROACH. The developer shall install Town Standard Commercial driveway approaches.
The new driveway approach shall be constructed per Town Standard Details S -4 and S -5, as appropriate.
41. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor
shall be submitted to the project building inspector upon foundation inspection. The certificate shall
address that the building pad and on site retaining wall location and elevations are prepared according to
approved plans.
42. SANITARY SEWER LATERAL. The proposed buildings shall be connected to the West Valley
Sanitation District's existing sanitary sewer system. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused. The property
owner shall install a sanitary sewer lateral clean -out at the property line.
43. WATER SERVICE. The proposed buildings shall connect to the San Jose Water Company as required by
the Santa Clara County Department of Environmental Health.
44. BUILDING PERMITS. A building permit application shall be required for each proposed structure.
Separate Electrical /Mechanical/Plumbing permit shall be required as necessary.
45. SIZE OF DEVELOPMENT PLANS. The maximum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
46. HAZARDOUS FIRE ZONE. The project requires Class A roofing assembly.
47. TITLE 24 ACCESSIBILITY- NON - RESIDENTIAL: The on -site parking facilities and general path of
travel shall comply with the latest California Title 24 Accessibility Standards for the disabled. The work
shall include but is not limited to having accessibility to building entrances from parking facilities and
sidewalks. The proposed buildings shall also be upgraded to comply with the latest California Title 24
Accessibility Standards for the disabled. Necessary work shall be first investigated by the design architect
then confirmed by the Town staff.
48. CONSTRUCTION PLAN PREPARATION. The construction plans for this project shall be prepared
under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section
5538)
49. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or
engineer of record shall prepare an inspection program that shall be submitted to the Building Official for
approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please obtain
Town Special Inspection form from the Building Department Service Counter. The Town Special
inspection schedule shall be printed on the construction plan.
50. NON -POINT SOURCE. The Town standard Santa Clara Valley Nonpoint 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 service counter.
51. REQUIRED ASSOCIATED AGENCY APPROVALS. The Project requires the following agencies'
approval before issuing a building permit:
a) West Valley Sanitation District: 378 -2408
b) Central Fire District: 378 -4015
c) Your project School district certificate of approval from the following:
i) Union School District: 356 -6146
Note: obtain the School district form from the Town Building Department, after the Building
Department has approved the application for permit.
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