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13,,rj\4 N. OA °s Gay° COUNCIL AGENDA REPORT DATE: JULY 18, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 8/5/2013 ITEM NO: SUBJECT: ZONE CHANGE APPLICATION Z -13 -001. PROJECT_ LOCATION: 234 & 236 LOS GATOS BOULEVARD. PROPERTY OWNER: BLACK REAL ESTATE INVESTMENTS LLC. APPLICANT: TONY JEANS /THIS DESIGN, CONSIDER A REQUEST TO REZONE TWO PROPERTIES FROM O TO R- ID. APNS 532 -37 -060 & -081. RECOMMENDATION: After opening and closing the public hearing, it is recommended the Town Council: 1, Accept the Planning Commission's findings and recommendations in the form of meeting minutes (Attachment 2); 2. Make the required findings supporting the Zone Change Application (Attachment 1) (motion required); 3. Approve Zone Change Application Z -13 -001 amending the zoning ordinance effectuating a zone change from O to R -11) for the properties located at 234 and 236 Los Gatos Boulevard (Attachment 4) (motion required); 4. Waive the reading of the zone change ordinance (motion required); 5. Direct the cleric to read the title of the zone change ordinance (no motion required); and 6. Introduce the ordinance to effectuate the zone change (motion required). ALTERNATIVES: Instead of the actions above, the Council may: ® Deny the Zone Change Application (motion required). PREPARED BY: Sandy L. Baily, Director of Community Development J- Reviewed by: Assistant Town Manager Town Attorney Finance N: \DEV \TC REP0RTS \2013 \L0B234- 236.docx Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 234 & 236 Los Gatos Boulevard /Z -13 -001 July 18, 2013 BACKGROUND: The applicant is proposing to rezone an 8,985 sq, ft. parcel and a 9,209 square foot parcel from 0 (Office) to R -11) (Single Family Residential, Downtown). The properties are bordered by properties with R -11) and R -1 :8 zoning designations. Properties along Los Gatos Boulevard, including the subject parcels, have a General Plan Designation of Medium Density Residential (5 -12 units per acre). Each parcel contains a single -story office building built in the 1960s. DISCUSSION: A. Project Summary The applicant is requesting to rezone two parcels from 0 to R -11). The applicant indicates they intend to apply for a single - family dwelling for each parcel if the zone change application is approved. The parcels are the only office zoned parcels and office uses among the surrounding residential parcels. The proposed zone change would downzone the use and would be compatible with the neighborhood. The zone change would bring the properties in conformance with the General Plan as discussed in the report to the Planning Commission (Attaclunent 3). B. Planning Commission On May 22, 2013, the Planning Commission recommended approval of the zone change. Verbatim minutes of the Planning Commission meeting are provided in Attachment 2. PUBLIC COMMENTS: The Town has not received any written public comments regarding the subject application. CONCLUSION: The zone change would be beneficial to the neighborhood since development of single - family residences on the subject properties would enhance the surrounding residential neighborhood and, with the zone change, match the setbacks required on the adjacent residential properties. In addition, replacing the existing office uses with single - family residences would reduce traffic impacts and parking requirements. The proposed zone change would make the properties consistent with the General Plan land use designation for the subject site and complies with the goals and policies within the General Plan. The zone change with the recommended condition of approval (Attachment 4) would make the properties consistent with the proposed zoning and existing General Plan designation. The Planning Commission and staff recommend Town Council approve the zone change application. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 234 & 236 Los Gatos Boulevard /Z -13 -001 July 18, 2013 ENVIRONMENTAL ASSESSMENT: The project is Statutorily Exempt according to Section 21083.3 of CEQA as adopted by the Town, which exempts projects that are consistent with the General Plan where an EIR was certified with respect to the General Plan, and there are no effects on the environment peculiar to the parcel or new information that shows impacts will be more significant than shown in the EIR. FISCAL IMPACT: None. Attaclunents: 1. Required Findings 2. Verbatim minutes from the May 22, 2013 Planning Commission hearing 3. Report to the Planning Commission for the meeting of May 22, 2013 4. Draft Ordinance (with Exhibit A) Distribution: cc: Michael Black, Black Real Estate Investments LLC, 15651 Glen Una Drive, Los Gatos, CA 95030 Tony Jeans, THIS Design, Box 1518, Los Gatos, CA 95031 SLB:JLS :ct N: \DEV \TC REP0RTS\20.13 \LGB234- 236.docx THIS PAGE INTENTIONALLY LEFT BLANK TOWN COUNCIL —August S, 2013 REQUIRED FINDINGS FOR: 234 & 236 Los Gatos Boulevard Zone Change Application Z -13 -001 Requesting approval to rezone two properties from O to R -11). APNs 532 -37 -060 & -081. PROPERTY OWNERS: Black Real Estate Investment LLC APPLICANT: Michael Black FINDINGS: Required finding for CEQA: ® The project is Statutorily Exempt according to Section 21083.3 of CEQA as adopted by the Town, in that it is compatible with the existing general plan and the adopted EIR for the existing General Plan. 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W w0 v b a ° U N O ro v 10 z H v 41 ° 4J w 0 N ro m � N + N m -rA a b O C P N a .'F')roC U) N ro O N 0 + m N a) 'd k N 0) It v N O •� O i ( i t \ \ \ t j \ ( 2 3 @ ; \ ( } { 1 0 \ / 9 / 9 \ ± j H \ 9 0 G \ \ 9 / \ t 6 / \ \ \ : \ 3 \ \ u 2 { \ § j J \ ` -H 2 ( / \ -P . .. \ ( . U) \ ( o ,C' : } ` j \ \ \ \ § m \ \ ; G � \ e ) j \ / \ ; ° § j } \ \ � / \ \ \ \> \\ >m /) G± \ \C\l \� &° G\ \» ) \ " °fi TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT o .N Meeting Date: May 22, 2013 a oaS PREPARED BY: Jennifer L. Savage, Associate Planner jsavage @losgatosca.goov APPLICATION NO.: Zone Change Application Z -13 -001 I'T'EM NO: I LOCATION: 234 & 236 Los Gatos .Boulevard (east side of Los Gatos Boulevard, between Wheeler Avenue and Stacia Street) APPLICANT/ CONTACT PERSON: Michael Black PROPERTY OWNER: Black Real Estate Investment LLC APPLICATION SUMMARY: Requesting approval to rezone two properties fiom O to R -11). APNs 532 -37 -060 & -081. DEEMED COMPLETE: April 18, 2013 FINAL DATE TO TAKE ACTION: Rezoning applications are considered to be legislative acts and are therefore not governed by the Permit Streamlining Act. RECOMMENDATION: Approval, subject to conditions. PROJECT DATA: General Plan Designation: Medium Density Residential, 5- 12 dwelling units per acre Zoning Designation: Office, O Applicable Plans & Standards: General Plan Parcel Size: 234 Los Gatos Blvd: 8,985 sq. ft. 236 Los Gatos Blvd: 9,20.9 sq. ft. Surrounding Area: _ y _Existing Land Use LGeneral Plan Zoning_ North Residential Medium Density Residential i R -1D East Residential Low _Density Residential R -1:8 South ' Residential _Medium Density Residential R -11) West Residential Medium Density Residential R -1D CEQA: The project is Statutorily Exempt according to Section 21083.3 of the State Environmental Guidelines as adopted by the Town because the project is consistent with the General Plan and an EIR was certified with respect to the General Plan. ATTACHMENT 3 Planning Commission Staff Report - Page 2 234 8& 236 Los Gatos Boulevard\Z -13 -001 May 22, 2013 FINDINGS: m As required by Section 21083.3 of the State Enviromnental Guidelines as adopted by the Town that this project is Statutorily Exempt. a That the zone change is consistent with the General Plan. ACTION: Forward a recommendation to the Town Council for the proposed zone change EXHIBITS: 1. Location Map 2. Required Findings 3. Letter of Justification with snap (two pages), received April 18, 2013 4. Draft Ordinance (two pages), includes Exhibit A BACKGROUND: The applicant is proposing to rezone an 8,985 sq. ft. parcel and a 9,209 square foot parcel from O (Office) to R -11) (Single Family Residential, Downtown). The properties are bordered by properties with R -11) and R -1:8 zoning designations. Properties along Los Gatos Boulevard, including the. subject parcels, have a General Plan Designation of Medium Density Residential (5 -12 units per acre). Each parcel contains a single -story office building built in the 1960s. PROJECT DESCRIPTION: A. Location and Surrounding Noighborhoo d The project sites are located at 234 & 236 _Los .Gatos Boulevard on the -east side of Los Gatos Boulevard between Wheeler Avenue and. Stacia Street. All of the surrounding properties are residential. B. Rezoning Application The applicant is requesting to rezone two parcels from O to R -11). The applicant indicates they intend to apply for a single- family dwelling for each parcel if the zone change application is approved. ANALYSIS: A. Zone Change The parcels are the only office zoned parcels and office uses among the surrounding residential parcels. The proposed zone change would downzone the use and would be Planning Commission Staff Report - Page 3 234 & 236 Los Gatos Boulevard\Z -13 -001 May 22, 2013 compatible with the neighborhood. The zone change would bring the properties in conformance with the General Plan (as discussed below). Single - family residences are permitted in office zones with a conditional use permit. However, the allowed setbacks for the office zone are not consistent with the residential setbacks allowed with the sulTounding residential zones. _ :.......... ....:.........._:__...:,- :::,:: g_e.Famm _ ...........:::....- _._.._ . o ue :s _.._,.:: .,.:.,........_,._ ._ a x = €: -:. R -11) 15 feet 5 feet 20 feet 0 25 feet 10 feet 20 feet If the zone change is approved the existing office buildings will become non - conforming which is permitted by Town Code for zone changes. Pursuant to Town Code Section 29.10.200(a), the nonconforming UBC Type 5 office building is older than 25 years, and therefore is required to conform. with the rules of the zone. The buildings are not occupied, and, therefore pursuant to Town Code Section 29.10.190, if the office use is discontinued for 30 consecutive days from the zone changes, the use' is not permitted to be resumed. Staff has included a condition of approval requiring the applicant to make the buildings conform to the zone within one year of approval of the zone change and will not issue any business license for an office use to ensure the use is discontinued. B. General Plan The proposed project conforms with the existing General Plan Designation of Medium Density Residential (5 -12 dwelling units per acre). . The goals and policies of the 2020 General Plan applicable to this project include but are not limited to: Policy LU -6.5 — The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood. Policy LU -12.8 — Uses on Los Gatos Boulevard south of Roberts Road shall be residential or office; existing non - residential uses shall not be intensified; and existing vacant property and residential uses shall be developed as Single Family Residential. C. Environmental Review The project is Statutorily Exempt according to Section 21083.3 of CEQA as adopted by the Town, which exempts projects that are consistent with the General Plan where an EIR was Planning Con-nnission Staff Report - Page 4 234 & 236 Los Gatos BoulevardlZ -13 -001 May 22, 2013 certified with respect to the General Plan, and there are no effects on the environment peculiar to the parcel or new information that shows impacts will be more significant than shown in the EIR. PUBLIC COMMENTS: At this time, the Town has not received any public comment. SUMMARY AND RECOMMENDATION: A. Summary The zone change would be beneficial to the neighborhood since development of single- family residences on the subject properties would enhance the surrounding residential neighborhood and, with the zone change, match the ,setbacks required on the adjacent residential properties. In addition, replacing the existing office uses with single - family residences would reduce traffic impacts and parking requirements. The proposed zone change would make the properties consistent with the General Plan land use designation for the subject site and complies with the goals and policies within the General Plan as -noted above. The zone change with the recommended condition of approval would make the properties consistent with the proposed zoning. B. Recommendation If the Commission finds merit with the proposed zone change, staff recommends the Planning Commission take the following actions; 1. Find that the proposed project is Statutorily Exempt pursuant to Section 21083.3 of the State Environmental Guidelines as adopted by the Town (Exhibit 2); and 2, Find that the proposed zone change is consistent with the General Plan (Exhibit 2), and 3. Forward the Draft Ordinance (Exhibit 4) to the Town Council with a recommendation of approval with recommended conditions of approval in Exhibit 4. If the Commission has concerns with the application, it can forward a recommendation to deny the application to the Town Council. Planning Commission Staff Report - Page 5 234 & 236 Los Gatos Boulevard\Z -13 -001 May 22, 2013 Pr ared by:t% 6A 0 Je %nifer L. Savage, AICP Associate Planner TC:JS :ct pproved by: To Id purso Acting Director of Community DQot cc: Michael Black, Black Real Estate Investments LLC, 15651 Glen Una Drive, Los Gatos, CA 95030 N:1DEV\PC REP0RTM20131LGB234 236.docx This Page -Intentionally Left Blank This Page fit -ndonzally Legit Blank PLANNING COMMISSION — May 22, 2013 REQUIRED FINDINGS FOR: 234 & 236 Los Gatos Boulevard Zone Change Application Z -13 -001 Requesting approval to rezone two properties from O to R-11). APNs 532 -37 -060 & -081. PROPERTY OWNERS: Black Real Estate Investment LLC APPLICANT: Michael Black FINDINGS: Required finding for CEQA: a The project is Statutorily Exempt according to Section 21083,3 of CEQA as adopted by the Town, in that it is compatible with the existing general plan and the adopted EIR for the existing General Plan. Required consistency with the Town's General Plan: m That the proposed. Zone Change is consistent with the General PIan and its Elements in that the proposed zoning is consistent with the existing General Plan designation. N:\DEV\PINDINGS\2013 \LGB234 235.DOCX EXHIBIT 2 -, his Page Intentionally Left .Blank T.■ ■ 0 I l A DESIGN & DEVELOPMENT Box 1518, Los Gatos, CA 95031 Fax: 408.350,1823 Tel :.408.354.1863 110 E. Main Street April 17th, 2013 Los Gatos, CA 9.5030 Attn: Planning Commission ,RECEIVED 234/236 Los Gatos Blvd - Zone Change. ,� Letter of Justification APR I $ 2013 TOWN OF LOS GATOS Proposed Project PLANNING DIVISION We are asking for a Zone Change from "Office" to "R1 -D" for the two parcels at 234 and 236 Los Gatos'Blvd. We plan to propose two single- family residences with detached garages, which would be in keeping with the neighboring Victorian and Craftsman houses'in this area of Los Gatos Boulevard. surrounding Neighborhood These two parcels form an anomalous island of deteriorating commercial buildings in an otherwise residential neighborhood, Along this section of Los Gatos Blvd, the zoning is R1 -0 with the neighboring buildings all having been designed as single - family homes. Over time; several of them have been converted to two - family living, but they still retain the character of single - family homes. Behind the property Least) the zoning is R1 -8 and again, single- family homes have been built. All lots are typically in the 8,000 14,000 square ft range and the two subject parcels fall in the middle, at 9,000 sq ft each, General .Plan and Los Gatos .Blvd Plans The General Plan designates this area as "Medium Density Residential ", which we are proposing for the property. The Los Gatos Blvd Specific Plan does not include the area South of Spencer Ave and is not applicable. It is desirable to maintain Office Use in the Town, but the preference on Los Gatos Blvd is that this should occur north of Spencer Ave. Generally, isolated pockets of dissimilar zoning categories are also discouraged. The addition of 2 housing units is also desirable. Grading & Drainage There will be no significant grading for this project, but it should be noted that the existing coverage is almost 100 %. With the construction of 2 single - family homes, impervious coverage will be under 40 %, which allows for much better storm drainage implications. . Accordingly, we are requesting your support for this application at the Planning Commission level, so that we can progress to the Town Council with your recommendation for a residential project at this location. Please call me at 4M 354 -1833 if you have any questions. Yours truly, T.H.I.S. Design & Development per: A. T. ,leans = [ i, ,f 'e"" b IC ys Y, i AM +'ems, ' F ;r, � f! .• f JE yy� �t .. fifi �'+�r E� ����� -t+ r ; . -. ! �f / . *s` -;'g ;ti'��c `t•t4 �F';a� a 1. W4, .l Am WIT i ¢ a" L �„ try { ? e ` `EF 0 A 4 Ap ka ewsi •J,. f• e - �/ /jam '`''•� � '� � � � � "`s,� %s� �` � ha A z i s if-w gX ldr: ti y �, t. • y � ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM O TO R-11) FOR PROPERTIES LOCATED AT 234 & 236 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Zoning Map of the Town is hereby amended as shown on Exhibit A. The following condition must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) - 1, CONFORMANCE WITH ZONE. The existing nonconforming office buildings shall conform to the new zoning requirements within one year of adoption of the zone change. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on This ordinance takes effect 30 days after it is adopted. i i COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1DE,V\ORDSM131LG132344 236,doux EXR161T . �J ��r■ r 1p_1pr�s7ppa 4 W OWNS P 5� ti0 E MAIN ST IWIMM''Al �ffi4j 11 M�14 Loll, TOMN'OF AT Application No. ZZ- 13 -Q0 001 AR N. #532-37-060 & -089 " Change of zoning map amending. the Town Zoning Ordinance. S Zone Change From: O To: R-11) El Prezoninq Forwarded by Planning Commission Approved by Town Council Clerk Administrator: Date. Date: Card: Mayor: EXHIBIT A Of Exhibit 4 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM O TO R -11) FOR PROPERTIES LOCATED AT 234 & 236 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Zoning Map of the Town is hereby amended as shown on Exhibit A. The following condition must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. CONFORMANCE WITH ZONE. The existing nonconforming office buildings shall conform to the new zoning requirements within one year of adoption of the zone change. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on . This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\2013\LGB234-236.docx ATTACHMENT 4 This Page Intentionally Left Blank Forwarded by Planning Commission Date: May 22, 2013 Approved by Town Council Date: Ord: Clerk Administrator: Mayor: EXHIBIT A Of Attachment 4 Th is Page Intentionally Left Blank