1995-050-Approve Request To Modify An Existing Conditional Use Permit To Reduce The Residential Facilities At Eastfield Ming Quong And To Increase Conference And Administrative FacilitiesRESOLUTION 1995 - 50
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEALS OF PLANNING COMMISSION DECISION
TO APPROVE A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO REDUCE THE RESIDENTIAL FACILITIES AT EASTFIELD MING
QUONG AND TO INCREASE CONFERENCE AND ADMINISTRATIVE
FACILITIES; CONDITIONAL USE PERMIT APPLICATION U -94 -75
(PROPERTY LOCATION: 499 LOMA ALTA AVENUE /PROPERTY OWNER:
EASTFIELD MING QUONG; APPELLANTS: GLORIA MINK EDWARDS,
MARLENE BURAK, AND VINCENT G. BRADLEY, JR., EXEC.
VICE - PRESIDENT, EASTFIELD MING QUONG)
WHEREAS:
A. This matter came before the Council for public hearing on April 17, 1995, on
appeals by Gloria Mink Edwards,.Marlene Burak and Vincent G. Bradley, Jr., Executive Vice -
President, Eastfield Ming Quong 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 applicant,
the appellants 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 packet and documents attached to the Council Agenda Reports
dated April 13 and April 17, 1995, concerning this application.
C. The Edwards and Burak appeals asked that the Council find that the Planning
Commission had erred in approving the Conditional Use Permit and that the Council should
reverse the Planning Commission and deny the requested Conditional Use Permit.
D. Specifically the Edwards appeal contended that the applications should be denied
because:
This will be a commercial use in a residential neighborhood.
2. The conference center is not an incidental or customary and ordinary part of the
approved conditional use.
3. The proposed use is not consistent with zoning of property.
4. A conference center is not allowed as a conditional use in an R -1 zone.
There are unknown effects on traffic, safety and air quality.
6. The proposed use is not essential or desirable to public convenience.
E. Specifically the Burak appeal contended that the applications should be denied
because:
1. This will be a commercial use in a residential neighborhood.
2. Eastfield Ming Quong (hereafter EMQ) has not provided the complete description
of plans for use of the property and their facilities.
3. Traffic is a concern for the neighborhood.
4. The fact that most of the letters in support of center were written primarily by
people outside of neighborhood.
5. The Planning Commission indicated that the neighbors would have to be
responsible to see that the conditions were upheld.
F. The Bradley appeal requested that the Council modify four of the conditions of
approval as follows:
Condition 5: Delete condition relating to beginning and ending times of
conferences.
2. Condition 6: Modify condition to permit conference use on non - holiday
Saturdays.
Condition 11: Modify condition to again permit up to 70 children in residence if
circumstances change.
4. Condition 14: Modify condition to require all planting to be completed by
January 1, 1996.
2
RESOLVED:
The appeals of the decision of the Planning Commission on Conditional Use
Permit Application U -94 -75 are denied.
2. The Council finds that the Planning Commission did not err when it approved the
Conditional Use Permit and concurs that this type of conference use is an incidental and a
customary and ordinary part of the approved conditional use in that the conference use is only
accessory to the primary use of the campus for mental health services and use of conditional uses
such as churches and schools for meetings and conferences is customary in Town and other
surrounding areas.
Further, the Council finds that the Planning Commission did not abuse its
discretion in setting the conditions of approval.
4. The Council incorporates and adopts the findings of the Planning Commission
granting the Conditional Use Permit as follows:
(1) The proposed use is essential or desirable to the public convenience or welfare in
that the proposed facility provides needed medical services and other services to
youth in Los Gatos and surrounding areas, provides education for those involved
in providing those services and for other persons that may be interested in the
health care industry in Los Gatos and surrounding areas, which is desirable to the
public welfare in this community. Also, it allows a continued low density, park-
like use of that hillside site which is conducive to that immediate neighborhood
and is a benefit to the Town as a whole, as opposed to, for example, 22 residential
houses which could be an alternative; the use is also desirable in that the traffic
study before us indicates it is a reduction in traffic from the current use.
(2) The proposed use will not impair the integrity or character of the zone in that the
use there now is long established, it is a reduction in intensity of the current use in
that the number of people living there is to be reduced, and shuttling conference
attendees based on the traffic studies, results in a reduction in traffic in that area.
We accept those traffic studies, and determine there is an enhanced safety in that
area because there will be reduced traffic.
(3) The use is not detrimental to the public health, safety or general welfare because
there is a traffic reduction, it continues a basically low density use of that hillside
area as opposed to what the zone would permit, there is no amplified sound, there
are less children on the facilities so there are less public safety issues.
(4) The use is in harmony with the General Plan for all the reasons stated above.
5. The Council also accepts the conditions imposed by the Planning Commission
with minor modifications as follows:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(1) No more than 35 conference attendees shall be permitted on site at any one time,
except one meeting per week could be attended by between 35 to 50 attendees,
provided that there be no more than four meetings per year attended by 50 people.
There shall not be more than one conference per day at any time.
(2) For those conferences where 25 or more attendees are anticipated, shuttle service
shall be provided at no cost to any conference attendees.
(3) Any brochures advertising or promoting the use of the conference center shall
clearly list parking facilities away from the site where shuttle service would be
available and clearly state that use of the free shuttle service is required when
there are more than 25 attendees.
(4) Any brochures advertising or promoting the use of the conference center shall
clearly state that conference parking is not permitted on adjacent residential
streets.
(5) Conference seminars shall be scheduled so that they do not begin before 8:30 a.m.
and shall end at or before 6:00 p.m.
(6) No weekend or holiday conferences shall be permitted. For the purposes of this
section, Holidays means the holiday schedule as adopted by the Town of Los
Gatos.
(7) There shall be no overnight accommodations provided to conference attendees on-
site.
(8) The conference facility shall only be operated by a non - profit, charitable
organization.
(9) A sign program shall be submitted that clearly directs conference attendees to the
EMQ parking lots, and that states that there shall be no on- street parking for such
attendees.
(10) No amplified music or other sounds that can be heard from off the site shall emit
from any use permitted under this permit for the conference center.
(11) The maximum number of children residing on campus shall not exceed 30 during
any period when conferencing activities are being conducted. If conference
activities are discontinued, written notification shall be submitted to the Planning
Department indicating the new maximum number of children. In any case, the
maximum number of children shall not exceed 70 which is consistent with their
State license.
(12) The total number of on -site parking spaces shall not exceed 74.
(13) This conditional use permit approval shall be reviewed at an advertised public
hearing within six months and again at 18 months from the date this approval
becomes effective so that anyone can bring forth issues to the Planning
Commission. EMQ may request an increase in the number of attendees permitted
at the conference center at that time. The cost of readvertising shall be paid by
EMQ prior to the public hearing being advertised.
(14) EMQ shall establish a standing Neighborhood Committee with an agenda and
meeting schedule to be agreed upon by those who participate, where people could
come, volunteer, and air their concerns, and shall notify the Planning Department
of the date established, meeting dates, and names of members.
(15) A notice shall be posted quarterly at the center to notify neighbors of what is
happening at the center.
(16) EMQ shall submit a monthly summary of usage to the Planning Department
giving the date, name of user and number of attendees.
(17) EMQ shall consent to announced and unannounced visits on the property by an
authorized Town officer for the purposes of enforcing the conditions of this
Conditional Use Permit. This officer shall obey the laws protecting the privacy of
EMQ clients, and the visits shall be confined to the conference facilities.
TO THE SATISFACTION OF THE SUPERINTENDENT OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
(18) A revised landscape plan shall be submitted to upgrade existing landscaping. This
plan shall include the planting of shrubs and trees to provide additional screening
from existing residences. All plant materials must be planted by June 1, 1995.
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 I st day of May, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN - LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA