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1985-015-Denying Appeal Of Planning Commission Denial Of Conditional Use Permit Application And Architecture And Site Application For Permission To Construct A Cellular Mobile Radio-Telephone Freestanding Monopole Antenna On Property In The C-2 ZoneRESOLUTION NO. 1985 -15 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION AND ARCHITECTURE AND SITE APPLICATION FOR PERMISSION TO CONSTRUCT A CELLULAR MOBILE RADIO - TELEPHONE FREESTANDING MONOPOLE ANTENNA ON PROPERTY IN THE C -2 ZONE (GTE Mobilnet Incoroorated-- Southwest Corner of Wood Road and South Santa Cruz Avenue) I4HEREAS: 1. John P. Kelly, Area Operations Manager for GTE Mobilnet Incorporated, has appealed a decision of the Planning Commission as follows: denial of Conditional Use Permit Application U -84 -19 and Architecture and Site Application S -84 -6 for permission to construct a cellular mobile radio - telephone freestanding monopole antenna on property in the C -2 Zone at the southwest corner of Wood Road and South Santa Cruz Avenue; 2. A public hearing was held by the Town Council on January 22, 1985; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the findings and decision of the Planning Commission were correct and that no error was made by the Planning Commission. 2. The Town Council finds that the applications are not consistent with the General Plan, the Downtown Specific Plan, and the proposed General Plan because the proposal will adversely affect the recognized character of the downtown; it is inconsistent with the concept of preserving the 'pedestrian scale of the downtown; and the visibility of the proposed antenna will interfere with the scenic backdrop of the hillsides as follows: CURRENTLY ADOPTED GENERAL PLAN (1) Under the LAND USE ELEMENT; III A. Nonresidential Uses, Town Center Commercial: "A. TOWN CENTER COMMERCIAL This designation, utilized exclusively in the Town center, is intended to encourage the continued development of a strong core area which, while traditional in provision of community - oriented commercial goods and services, is unique in its accommodation of small, village or town style merchants, its desire to maintain and expand landscaped open spaces and mature tree growth, its integration of new construction with existing structures of historical or architectural significance, and its emphasis on the importance of the pedestrian." (2) Under the ENVIRONMENTAL RESOURCES MANAGEMENT ELEMENT; VI Scenic Routes; E. Goals; Goal 1: "I. To preserve and maintain the scenic qualities which have been traditionally associated with the Town of Los Gatos." b. DOWNTOWN SPECIFIC PLAN (1) Under the INTRODUCTION; Intent; II. Land Use; Objective 1: 111. To preserve the architectural and social character of downtown Los Gatos." (2) Under the INTRODUCTION; Intent; VI. Community Design; Objectives I and 2: "1. To enhance the particular Los Gatos identity. "2. To maintain the pedestrian scale." (3) Under Section VI - COMMUNITY DESIGN; Policies 1 and 3: "1. Provide for a pedestrian- oriented downtown core." "3. Preserve and enhance the appearance of the COD through design improvements." (4) Under Section IV; COMMUNITY DESIGN; Implementation B: "B. Community Design Concept The aC nd Use Section recommends that the core or Central Business District (CBD) of the downtown area be planned and zoned as a separate district to meet the goal to preserve the character of the downtown, and the objective to enhance the identity and appearance of the downtown." c. PROPOSED NEW GENERAL PLAN (1) Under 2.0 LAND USE ELEMENT; 2.3 Goals; Goals 1 and 2: "1. To preserve the existing character and quality of life within the Town. 2. To maintain the natural topography and the integrity of all natural systems within the Town." (2) Under 2.0 LAND USE ELEMENT; 2.4 Policies; Policy l: "1. It is the basic policy of the Town of Los Gatos to preserve its distinctive and unique environment and to maintain the natural topography and vegetation historically found here." -2- (3) Under 2.0 LAND USE ELEMENT; 2.5 Implementation; 2.a. Nonresidential Uses: "a. CBD - CENTRAL BUSINESS DISTRICT This designation, utilized exclusively in the Town Center and intended to encourage the continued development of a strong core of community - oriented commercial goods and services, is unique in its accommodation of small, village or town style merchants, its intent to maintain and expand landscaped open spaces and mature tree growth, its integration of new construction with existing structures of historical or architectural significance, and its emphasis on the importance of the pedestrian. New construction in the CBD shall be limited to a Floor Area Ratio (FAR) of .6 and a height limit of 45 feet. All new construction will be limited by the traffic capacity of the streets serving the area." (4) Under 6.0 SCENIC STREETS AND HIGHWAYS ELEMENT; 6.4 Policies; Policy 2: "2. Minimize the alteration of the natural environment along scenic roads." (5) Under 6.0 SCENIC STREETS AND HIGHWAYS ELEMENT; 6.5 Implementation 3: "3. The Town's restrictive development standards shall be enforced so as to preserve the scenic nature of all Los Gatos' roadways." (6) Under 13.0 COMMUNITY DESIGN ELEMENT; 13.4 Policies; Policy 2 and 6: "2. Promote visual continuity through tree planting, consistent use of low shrubs and ground cover, and removal of visually disruptive elements on major streets." "6. Promote and protect the natural amenities of Los Gatos." 3. Tne Town Council finds that the applications for a 110 -foot antenna are not in accord with the Town Zoning Ordinance as follows: a. Section 4.56.O1U provides that the purpose of the C -2 zone is "to encourage the continuance of a viable and preaoiainately pedestrian - oriented central business district for the Town." b. Section 4.56.00 provides that the maximum height of any building in the C -2 zone is 45 feet. 4. The Town Council cannot make the findings necessary for the granting of a conditional use permit pursuant to Zoning Ordinance Section 5.20.210 because the project will impair the integrity of the zone and will not contribute to the welfare of the community. -3- 5. Based on the foregoing findings, the appeal is hereby denied. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review of the Town Council decision is governed by California Code of Civil Procedure Section 1094.5. PASSED AND ADOPTED at a re ular meeting of the Town Council of the Town of Los Gatos herd on the 4th ay of Februar 1985 by the following vote: ' AYES: COUNCILMEMBERS Eric D. Carlson, Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None SIGNED: x/ A OR OF THE TOWN OFT' 'OS G:A OT �S ATTEST: CLERK OF THE TONIN OF-LOS GAT 0 -4-