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13 Staff Report - General Plan AmendmentCOUNCIL AGENDA REPORT DATE: December 5, 1997 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 12/15/97 ITEM NO. j3 CONSIDER RECOMMENDATIONS OF THE PLANNING COMMISSION FOR A GENERAL PLAN LAND USE MAP UPDATE - GENERAL PLAN AMENDMENT GP-97-0002 ADOPT A RESOLUTION UPDATING THE 1985 LOS GATOS GENERAL PLAN LAND USE MAP (THE RECOMMENDED LAND USE MAP UPDATE IDENTIFIES USES ON A PARCEL BY PARCEL BASIS. APPROXIMATELY 150 PARCELS ARE RECOMMENDED FOR LAND USE AMENDMENT) AND ADOPTING URBAN GROWTH BOUNDARY. THESE MATTERS ARE CATEGORICALLY EXEMPT. RECOMMENDATION: 1. Open and hold the public hearing; 2. Close the public hearing; 3. Adopt a Resolution updating the 1985 Los Gatos General Plan Land Use Map; and adopting Urban Growth Boundary. BACKGROUND: The existing General Plan Land Use Map was adopted in 1985. The map shows land use designations in large patterns and does not provide parcel specific information. In some cases it is difficult to determine a specific parcel's Land Use Designation. It is virtually impossible to update the map to reflect recent changes due to the old technique for creating the map and obsolete materials used to create it. The software used to generate a parcel specific map was acquired by the Planning and Engineering Departments in the Fall of 1996. Since then, staff has worked in Arc View and PERMITS to create the updated Land Use Map (Attachment 1, Exhibit A). The updated map includes the Urban Growth Boundary as required by the "West Valley Hillsides Preservation Strategies" (Attachment 5). To develop the parcel specific map, staff has recommended land use designation changes in 13 areas as shown in Exhibit H. Approximately 150 parcels are affected and the recommended designations will provide for consistency with the Town Zoning Map, Downtown Specific Plan, Hillside Specific Plan and actual uses. Due to the ambiguous boundaries in the 1985 Land Use Map, the recommended changes are clarifications of land use designations. Users of the 1985 Map encounter difficulty interpreting the map. Parcel specificity will enable all map users (the public, staff, Committees, Boards, Commissions, Council) to read the map and determine a parcels land use designation. The proposed Land Use Plan will enable people involved with the General Plan Update to use an updated and accurate map for purposes of evaluating land use designations. The Town Council, Planning Commission and General Plan Committee will begin working with the General Plan Task Force recommendations this winter. The updated map will be a useful tool in the General Plan Update process. (Continued on Page 2) PREPARED BY: LEE E. BOWMAN PLANNING DIRECTOR Reviewed by: d Attorney Finance Revised: 12/5/97 3:02 pm Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: GENERAL PLAN LAND USE MAP UPDATE GP-97-0002 December 5, 1997 On November 12, 1997, the Planning Commission recommended Council adoption of the Land Use Plan (Attachments 2, 3 and 4). The Planning Commission requested staff to make two changes concerning map colors. The changes have been made by staff to address the Planning Commission concerns. DISCUSSION: The most notable difference between the 1985 Land Use Map and the updated map is the color and parcel specific land use designations. Also, the 1985 map included the Circulation Element and the updated version does not. Circulation maps are currently included with the Circulation Element. Other changes made to the new map fall into four categories as discussed in the following sections: 1. Land Use Amendments made by Council Resolution between 1993 and October 1997 Two amendments to the General Plan Land Use Map were made in the past four years. The first amendment changed the land use designations in four Route 85 Sub -Areas (Attachment 6). These areas are referred to as 3.1 Vasona Corridor, 3.3 Central Core, 4.1 West of Los Gatos Boulevard, and 4.2 East of Los Gatos Boulevard. The second amendment changed the land use designation for one 1.4 acre parcel from Low Density Residential to Medium Density Residential. This site is located on Pollard Avenue at Route 85 and was a Traffic Authority surplus parcel. 2. Clarifications of existing Open Space designations On the 1985 Land Use Plan, Midpeninsula Regional Open Space District parcels at the south end of Town were difficult to distinguish. The Midpeninsula Open Space parcels located south of Kennedy Road and Main Street on the updated map were confirmed by verifying property ownership on the Santa Clara County Assessor's ownership rolls and comparing the 1985 Land Use Map with the Zoning Map and Hillside Specific Plan. Some areas that were not clearly shown as Hillside Residential on the 1985 map may now be accurately shown as Open Space on the updated map. Parcels designated as Midpeninsula Regional Open Space District in the southern most hillside areas are listed in Attachment 7. 3. Land use changes to achieve consistency with the Town Zoning Map, Hillside Specific Plan, Downtown Specific Plan and actual uses Thirteen areas are recommended for a change in land use designation as listed in Attachment 8. Areas listed in Attachment 8 correlate to the map attached as Attachment 9. Areas 1 - 12 are recommended for change to achieve consistency with the Zoning Map, Hillside Specific Plan and actual uses. These areas were designated too vaguely in the 1985 Land Use Plan to interpret accurately without relying on the zoning. Area 13 is recommended for change to Public from Central Business District because the change reflects Town ownership of the property. (All other Town owned properties are shown as Public.) The 1985 Land Use Plan included text that read "The boundaries of the land use designations on this map are general in nature, with precise boundary locations to be accomplished at the time of subsequent implementation through zoning." This text will be removed from the Plan upon adoption of the updated map. The related text in the General Plan Land Use Element will also be amended as shown in Attachment 1. The amendment will delete the following text: 2.5.1 Residential Uses: . .. 11ic LkiwidcuicJ dctuiVYltu16, t it vaituub 1alguz, ul' atluwablc toil ty tilt.. ultcuhullally gciiclal, aJ Up1JUJcl1 to u1u1c preciscZUluligjypl. Lvial ilaiii..J. I11 l.u1uil.l+ttull witli piuperti J dLutlilig u1 l.1u d Ly Suuli Lvwidai iw, Uiu�Ji wiJu �\ tl i 11u11atlull of tluuaity Jllall Lc linuttd witliiu tll ., h cmClugli luid lu r� t1clmJity alluwalu.c , uftlic twu abutting a&.aiguatiul1S. W11crc �11.1L?1ty ialigt,.J al ddi1 c u aluug a J. CV Citlict JI ul uic JQ VC l iliay Dc illl.luUcU wiUuli ciUici dciIJlty icuigc Willi tic piVi,iJc tluwld3ly to • • • l [J1UC.lt.0 ai it. 11111L d tJ1upJGlly 1J Lvi1cU. . . • PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: GENERAL PLAN LAND USE MAP UPDATE GP-97-0002 December 5, 1997 2.5.2 Nonresidential Uses: ... The following definitions are set forth for non-residential land uses as designated on the Land Use Plan (Figure 2.2) arldpfl..viuu ly .li�,uJJ%.d l%. id0.41 LSiglldt1Uu , lll� Luu111i1�1ic, U71rtiSs ill.sighationb d1G gym'. al 11111Gtul t+, with pi1.l.iJl. buullddly luli4tiu11A to b 61.1io 111J1i.11cd ut t Ulc tll11G Uf butmvkiu.ut 1mplc111c11tut1U11 of t1LLJ ek111c11t t1uuug'h Luning. . . . It is important to note that the general method of showing Land Use designations was developed in the late 1960's and early 70's. In those decades larger pieces of vacant land were available for development, so the general designations were more readily determined. Nearly 30 years later, we have a built environment with smaller infill parcels left for development This trend necessitates a more precise General Plan land use map. Most Cities in the Bay Area region are acquiring the software to develop computer generated parcel specific Land Use Maps. 4. Inclusion of an Urban Growth Boundary The Urban Growth Boundary is shown on Attachment 1, Exhibit A; it is coterminous with the Urban Service Area Boundary. The Growth Boundary is required by the "West Valley Hillsides Preservation Strategies". Staff worked with the County of Santa Clara, Monte Sereno, Saratoga and Cupertino to develop the preservation strategies. To implement the strategies, the Town should adopt the Urban Growth Boundary and adopt General Plan policies that a) allows modification to the long term growth boundary only in conjunction with a comprehensive review of the General Plan; b) assures that the urban service area will not be expanded outside the urban growth boundary; and c) requires that proposals to revise the Urban Growth Boundary be referred to the County for review and comment. The recommended language for the General Plan policies is below (and included in Attachment 1, Exhibit A): CONCLUSION: On November 12, 1997, the Planning Commission recommended adoption of the updated Land Use Plan and Urban Growth Boundary (Attachment 4). The updated Land Use Plan is more consistent with the Zoning, Hillside Specific Plan, Downtown Specific Plan and actual uses than the 1985 Land Use Plan. The parcel specific information is formatted into Arc View databases, so the Plan may be updated using the computer each time an amendment is adopted. This makes "housekeeping" efforts to maintain a current Land Use Plan very efficient. The adoption of the Urban Growth Boundary and amended General Plan Land Use Element language meets the requirements of the "West Valley Hillside Preservation Strategies". Since the Hillside Specific Plan was jointly adopted with the County of Santa Clara in 1978, proposals to revise the Urban Service Area boundary were already required to be reviewed by the County. The Urban Growth Boundary does not change or undo any policy, it reiterates prevention of urban encroachment into the hillsides. Vicki Moore of the Greenbelt Alliance, urges Los Gatos to adopt the Urban Growth Boundary in Attachment 10. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: GENERAL PLAN LAND USE MAP UPDATE GP-97-0002 December 5, 1997 ENVIRONMENTAL ASSESSMENTS: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: None. Attachments: I . Resolution Updating the 1985 Town of Los Gatos General Plan Land Use Map and Adopting the Urban Growth Boundary 2. Staff report to Planning Commission, dated November 7, 1997 3. November 12, 1997 Planning Commission minutes 4. Resolution of the Planning Commission recommending adoption of the Updated Land Use Map and Urban Growth Boundary 5. Excerpt from "West Valley Hillsides Preservation Strategies" 6. Route 85 Study Area Map 7. List of Midpeninsula Open Space Parcels 8. Table Explaining Land Use Map Update 9. Map showing parcels recommended for Land Use Amendment 10. Letter from Vicki Moore, Greenbelt Alliance, received November 12, 1997 Distribution: Vicki Moore, Greenbelt Alliance, 1922 The Alameda, Suite 213, San Jose, CA 95126 LEB:KS:sm N:1DEVIFORMSIGP97-2.A 0.5 a gg .W.r4. .10.1ai111014:741-:- 11 14 W E 0.5 1 1.5 2 Miles LOS GATOS AL PLAN USE PLAN EGEND ,pervice Area/ Growth Boundary boundary ACE ELEMENT ce sula Open Space District SE ELEMENT sidential, 0 - 1 (D. U./acre) ty Residential, 0 - 5 nsity Residential, 5 - 12 ity Residential, 5 - 20 ity Residential, 20 + essional ood Commercial siness District Commercial )mmercial trial TA, TOGETHER WITH THE MEANING OF ALL SYMBOLS, sNATTONS HEREON ARE EXPVUN ED AND GOVERNED GENERAL PLAN WHICH INCORPORATES THIS MAP. R TI FICATION Joanne aan$amm +erg C,mmission/ isAlayun asq ova ^irq C.JTmI$flCn/ /yTO�n I;:IM1I MENDMENTS OL UT,ON NO. DATE RESOLUTION NO. DATE RESOLUTION 1997- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE UPDATED LOS GATOS GENERAL PLAN LAND USE MAP AND THE URBAN GROWTH BOUNDARY WHEREAS, under Government Code Section 65353, the Town Council conducted a public hearing on December 15, 1997, to consider an update of the Los Gatos General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, during this hearing, the Town Council considered the General Plan Amendment DEV-97-2 relating to the update of the Land Use Map and adoption of the Urban Growth Boundary; and WHEREAS, under Government Code Section 65353, the Planning Commission conducted a public hearing on November 12, 1997 to consider an update of the General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, the Planning Commission recommended Town Council adoption of the updated Land Use Map and Urban Growth Boundary; and WHEREAS, the Planning Commission and Town Council determined that the 1985 General Plan Land Use Map is out of date and difficult to interpret; and WHEREAS, the Planning Department has computer software that enables the Town to generate colored, parcel specific, up-to-date Land Use Maps; and WHEREAS, Town staff has worked with the County of Santa Clara, City of Cupertino, City of Monte Sereno, and City of Saratoga to develop preservation strategies for the West Valley Hillsides; and WHEREAS, the Town has an existing Urban Service Area boundary and a coterminous Long Term Urban Growth Boundary is required by the "West Valley Hillsides Preservation Strategies"; and WHEREAS, the Urban Growth Boundary would help prevent encroachment of urban development into the hillside areas; and WHEREAS, adopting an Urban Growth Boundary is consistent with Land Use Element Goals 2.3.1, 2.3.2, 2.3.4, and 2.3.10. RESOLVED, that the Town Council finds that the amendment is not a project 1 subject to CEQA pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and FURTHER RESOLVED, The Town Council amends the General Plan Land Use Element to read: 2.5.1 Residential Uses: The following definitions are set forth for residential land uses as designated on the Land Use Plan (Figure 2.2). Minimum densities are intended to be a floor, except when there are extenuating circumstances due to conflicts with other elements of the General Plan. 2.5.2 Nonresidential Uses: The following definitions are. set forth for non-residential land uses as designated on the Land Use Plan Figure 2.2. a. CBD - Central Business District FURTHER RESOLVED: The Town Council amends the General Plan Land Use Element to read: 2.4.21 The current Urban Service Area Boundary is coterminous with the Long Term Urban Growth Boundary. The intent of the urban growth boundary is to limit future development to lands within the existing urban service area. The Urban Service Area will not expand outside the urban growth boundary. 2.4.22 Modification to the long term urban growth boundary is allowed only in conjunction with a comprehensive review of the Town's General Plan. Revisions to the urban growth boundary will be referred to the County of Santa Clara for review and comment. FURTHER RESOLVED, the Town Council finds that the General Plan Land Use Map update (attached hereto as Exhibit A) and Urban Growth Boundary are internally consistent with the General Plan and consistent with the Hillside Specific Plan, and recommends adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of December, 1997 by the following vote. TOWN COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: LINDA LUBECK, MAYOR LOS GATOS TOWN COUNCIL MARIAN COSGROVE TOWN CLERK, TOWN OF LOS GATOS N:1DEV\RESOS\DEV-97-2.TC Date: November 7, 1997 REPORT TO: FROM: SUBJECT: For Agenda Of: November 12. 1997 Agenda Item: 10 The Planning Commission Lee E. Bowman, Planning Director General Plan Land Use Map Update Development Application DEV-97-002 a. Consider adopting a resolution updating the 1985 Los Gatos General Plan Land Use Map. The recommended Land Use Map update identifies uses on a parcel by parcel basis. Approximately 136 parcels are recommended for land use amendment. b. Consider adoption of Urban Growth Boundary. These matters are Categorically Exempt. FINDINGS: None required. ACTION: Recommendation to Town Council. ENVIRONMENTAL It has been determined that amendment is not a project subject to CEQA ASSESSMENT: pursuant to Section 15061(b)(3)ofthe State Environmental Guidelines as adopted by the Town that states "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." EXHIBITS: A. Resolution Updating the 1985 Town of Los Gatos General Plan Land Use Map and Adopting the Urban Growth Boundary B. Excerpt from "West Valley Hillsides Preservation Strategies" C. Town Council Resolution 1994-56 D. Route 85 Study Area Map E. Town Council Resolution 1994-120 F. List of Midpeninsula Open Space Parcels G. Table Explaining Land Use Map Update H. Map showing parcels recommended for Land Use Amendment RECOMMENDATION SUMMARY: Recommendation to Town Council for adoption. A. BACKGROUND: The existing General Plan Land Use Map was adopted in 1985. The map shows land use designations in large patterns and does not provide parcel specific information. In some cases it is difficult to determine a specific parcel's Land Use Designation. It is virtually impossible to update the map to reflect recent changes due to the old technique for creating the map and obsolete materials used to create it. The software used to generate a parcel specific map was acquired by the Planning and Engineering Departments in the Fall of 1996. Since then, staff has worked in ArcView and PERMITS to create the updated Land Use Map attached in Exhibit A, Attachment 1. The updated map includes the Urban Growth Boundary as required by the 'West Valley Hillsides Preservation Strategies" (Exhibit B). To develop the parcel specific map, staff has recommended land use designation changes in 13 areas as shown in Exhibit H. Approximately 140 parcels are affected and the recommended designations will provide for consistency with the Town Zoning Map, Downtown Specific Plan, Hillside Specific Plan and actual uses. Due to the ambiguous boundaries in the 1985 Land Use Map, the recommended changes are clarifications of land use designations. Users of the 1985 Map encounter difficulty interpreting • The Planning Commission - Page 3 Development Application DEV-97-002 November 7, 1997 map. The related text in the General Plan Land Use Element will also be amended as shown in Exhibit A. The amendment will delete the following text: 2.5.1 Residential Uses: general, as-ppeced to mere pfeece zet type dories. In with pfopertic3 nsity shall be limited either dcevif i range wit19 the pfeeice odor to cofridefcd at the- time a preperty it; zoned. 2.5.2 Nonresidential Uses: . . . The following definitions are set forth for non-residential land uses as designated on the Land Use Plan (Figure 2.2). clement through zoning. . . . It is important to note that the general method of showing Land Use designations was developed in the late 1960's and early 70's. In those decades larger pieces of vacant land were available for development, so the general designations were more readily determined. Nearly 30 years later, we have a built environment with smaller infill parcels left for development. This trend necessitates a more precise General Plan land use map. Most Cities in the Bay Area region are acquiring the software to develop computer generated parcel specific Land Use Maps. Sunnyvale, for example, has hired a consultant to update their General Plan Map using ArcView programs. 4. Inclusion of an Urban Growth Boundary The Urban Growth Boundary is shown on Exhibit I; it is coterminous with the Urban Service Area Boundary. The Growth Boundary is required by the "West Valley Hillsides Preservation Strategies". Staff worked with the County of Santa Clara, Monte Sereno, Saratoga and Cupertino to develop the preservation strategies. To implement the strategies, the Town should adopt the Urban Growth Boundary and adopt General Plan policies that a) allows modification to the long term growth boundary only in conjunction with a comprehensive review of the General Plan; b) assures that the urban service area will not be expanded outside the urban growth boundary; and c) requires that proposals to revise the Urban Growth Boundary be referred to the County for review and comment. The recommended language for the General Plan policies are below (and included in the Resolution attached as Exhibit A): 2.4.21 The current Urban Service Area Boundary is coterminous with the Long Term Urban Growth Boundary. Theintent of the urban growth boundary is to limit future development to lands within the existing urban service area. The Urban Service Area will not expand outside the urban growth boundary. 2.4.22 Modification to the long term urban growth boundary is allowed only in conjunction with a comprehensive review of the Town's General Plan. Revisions to the urban growth boundary will be referred to the County of Santa Clara for review and comment. Los Gatos Planning Commission Minutes of November 12,1997 6(t) to require that all projects give full consideration to any affected historic landmarks, to section G - ncourage the preservation and restoration of historic sites and historic architecturally desiral?le structures, is co • tent with section H - to provide information regarding tax law benefits for rehabilitation of historic structur which has now been added so the applicant knows this, and in regard to section 8.5 Implementation #6(c) - hisibc.c landmark and preservation legislation shall be periodically reviewed and up dated and this is what the Coma ' ion is doing and is in the General Plan. o. COMMISSION COMMENTS Commissioner Morgan stated that Staff,chd a wonderful job' of relocating and making this consistent with what the Committee actually does now that not at the`Planning Commission level but at the Planning Director level and Historic Preservation level. ,.'Morgan stated it was also timely to alter it so that the Historic Preservation Society is no longer a P rr o N since we now have the Committee to deal with these things. Ms. Morgan stated that it was w9krderful to inc de the pre-1941 structures which are a big part of what the Committee sees that was not•inentioned in the old'Oldinance. Ms. Morgan thinks the streamlining process is good especially for the super small buildings. Ns. Carried unanimously. Commissioner Nachison absent. POINT OF ORDER Motion by Commissioner Jensen, seconded by Commissioner Morgan to ` stinue tonights meeting past l 1:30 p.m. f/. Qrried unanimously. Commissioner Nachison absent. GENERAL PLAN LAND USE MAP UPDATE/DEV-97-002. (00.10) Consider adopting a resolution updating the 1985 Los Gatos General Plan Land Use Map. The recommended Land Use Map updates identifies uses on a parcel by parcel basis. Approximately 136 parcels are recommended for land use amendment. Consider adoption of Urban Growth Boundary. These matters are Categorically Exempt. Chair Decker is concerned that you can not tell the difference between the medium and high density and the difference between mixed use commercial and service commercial. Ms. Decker questioned if there is someway to use a pattern rather than the color because these are the things people want to know about. Commissioner Pacheco suggested alternate colors that are distinguishable. Mr. Bowman stated that they were trying to use standardized colors for the land use designations and trying to get space between them. Chair Decker stated that the two oranges and the two reds were the problem. Mr. Bowman stated that they would work on it some more. Motion by Chair Decker, seconded by Commissioner Abkin to recommend to the Town Council the General Plan Land Use Map Update/DEV-97-002 with the following finding. 30 i Los Gatos Planning Commission Minutes of November 12,1997 FINDINGS This is not a change in the General Plan but simply an update to the General Plan of 1985 which specifically adopts the Urban Growth boundary. Carried unanimously. Commissioner Nachison absent. HERNANDEZ AVENUE/55. (00.11) Request to initiate proceedings to designate this site with a Landmark Historic Preservation overlay zone. Chair Decker stated that she and Commissioner Pacheco have a conflict of interest regarding this Item and can not vote on the matter. Mr. Korb suggested that the matter be continued in order to have a full Commission and stated that he will take the matter of conflict under advisement Motion by Commissioner Morgan, seconded by Commissioner Jensen to continue Item #11 to December 10,1997. Commissioner Jensen requested that an explanation, regarding the objectivity and what benefit to the Town the overlay zone would afford, be presented for the next meeting. Carried unanimously. Commissioner Nachison absent. CONTINUED OTHER BUSINESS. Chair Decker stated that there was no continued other business on tonights agenda. NEW OTHER BUSINESS. Sub Committee Reports (00.06) Commissioner Pacheco reported on the Architectural and Hillside Standards Committee and stated that they had received documents, made minor changes to them and are proceeding very fast to get it resolved. Commissioner Abkin reported that the General Plan Committee had referred back and recommended the Los Gatos Boulevard Plan to the Town Council. Mr. Abkin stated that they had found that bike lane and narrower lanes do not diminish safety. 31 RESOLUTION 1997- RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS GATOS RECOMMENDING ADOPTION OF THE UPDATED LOS GATOS GENERAL PLAN LAND USE MAP AND THE URBAN GROWTH BOUNDARY WHEREAS, under Government Code Section 65353, the Planning Commission conducted a public hearing on November 12, 1997, to consider an update of the Los Gatos General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, during this hearing, the Planning Commission considered the General Plan Amendment DEV-97-2 relating to the update of the Land Use Map and adoption of the Urban Growth Boundary; and WHEREAS, the Planning Commission determined that the 1985 General Plan Land Use Map is out of date and difficult to interpret; and WHEREAS, the Planning Department has computer software that enables the Town to generate colored, parcel specific, up-to-date Land Use Maps; and WHEREAS, Town staff has worked with the County of Santa Clara, City of Cupertino, City of Monte Sereno, and City of Saratoga to develop preservation strategies for the West Valley Hillsides; and WHEREAS, the Town has an existing Urban Service Area boundary and a coterminous Long Term Urban Growth Boundary is required by the "West Valley Hillsides Preservation Strategies"; and WHEREAS, the Urban Growth Boundary would help prevent encroachment of urban development into the hillside areas; and WHEREAS, adopting an Urban Growth Boundary is consistent with Land Use Element Goals 2.3.1, 2.3.2, 2.3.4, and 2.3.10. RESOLVED, that the Planning Commission finds that the amendment is not a project subject to CEQA pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and ATTACHMENT 4 i FURTHER RESOLVED, The Planning Commission recommends the General Plan Land Use Element be amended to read: 2.5.1 Residential Uses: The following definitions are set forth for residential land uses as designated on the Land Use Plan (Figure 2.2). Minimum densities are intended to be a floor, except when there are extenuating circumstances due to conflicts with other elements of the General Plan. 2.5.2 Nonresidential Uses: The following definitions are set forth for non-residential land uses as designated on the Land Use Plan Figure 2.2. a. CBD - Central Business District FURTHER RESOLVED: The Planning Commission recommends the General Plan Land Use Element be amended to read: 2.4.21 The current Urban Service Area Boundary is coterminous with the Long Term Urban Growth Boundary. The intent of the urban growth boundary is to limit future development to lands within the existing urban service area. The Urban Service Area will not expand outside the urban growth boundary. 2.4.22 Modification to the long term urban growth boundary is allowed only in conjunction with a comprehensive review of the Town's General Plan. Revisions to the urban growth boundary will be referred to the County of Santa Clara for review and comment. FURTHER RESOLVED, the Planning Commission finds that the General Plan Land Use Map update (attached hereto as Attachment 1) and Urban Growth Boundary are internally consistent with the General Plan and consistent with the Hillside Specific Plan, and recommends adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los Gatos, California, held on the 12th day of November, 1997 by the following vote. PLANNING COMMISSION MEMBERS: AYES: Abkin, Jensen, Decker, Morgan, Pacheco NAYS: ABSENT: Nachison ABSTAIN: SIGNED: /s/ Sandy Decker SANDY DECKER, CHAIR LOS GATOS PLANNING COMMISSION ATTEST: /s/ Lee E. Bowman LEE E. BOWMAN SECRETARY OF THE PLANNING COMMISSION N:1DEV 1RESOSIDE V-97-2. PC STRATEGY #2: Action Recommendations: 9 - �ti= : c O Q a + Zte.O y WV . 7 'a ar S -.Fa. c U V _ •.h. i Q a = N O �1=0. �sics to as'cS �= ooo I.. 'ccoo � -o 'cS = e-o a is _ f ^a �, w a c �� Q Q. `= = p o 000.0 v `o _ _ 0 0 0 = %, %, `v v e e e e 6.1 L r s -C • 0 N 3 0 NO 0 .S o a'+ no o, F, � 3 al 5 cow o'C,o � v° •X 3 G �'A to (NI ai w ea a1 as � %•' S •S ea .a. ,.. ea eL ea N fi y.aCIS ac.o o.° to a., a 'S c L.g S A'd:'c GG '' 6J 3 v U .y _ O• a _ 0' V o+ rzl ea ers `� 'a G. C 'C 'V v .� >,� C .� •aJ ct, es 3 v c us 3 y a c o m e a o Z 3ba,:�a�a �Sco�, 00 0J �o� Q e : 3 a s � 13 c° m � c .2 c c R am, = y= r-0 3 ° S G.5 3 Cs > c a Q rc va C O Z' °' .0 or ?s eu h aCi co c -a is — •, - . co -o b •3 c E m cil O W = Ci.1 ccoo Z 7- c E0 `vs a e0 -C.1 C C. >, r. a T. O vs C Z� O;la en(:) en Z -- . 5 G G, v 0 N y G _0 VX IV cis 'a 0 0.> . c .Ti O 'Q 0.. E. R w. C Q TS a Q, ea a y iZ ca- 2a0 9 H p vi a 70 67 ea u L a) A co '-' y a•' .... >, to ESL A 0 a.'-2 C.a v C.ea C a a, c. H L-+.� ••-• eL C to v -0 - a 0 . 1. in a O C a=›._ eL CM Cs.. .2 ee 0 h O axi .G O-d ATTACHMENT V6t :OI L6-O£-3D0 ROUTE 8 5 STUDY AREA MAP STUDY AREA BOUN1DA RY SUB -A REAS TOWN BOUNDA RY 4.1 SUB -A REA NUMBE RS NOTE. This map shows the 85/17 Interchange in the ultimate 2—loop conficuration approved by the Town. FIGURE 5_1 ATTACHMENT 6 PARCELS SPECIFIED AS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LAND ON UPDATED LAND USE PLAN Note: Only those parcels that were indicated very vaguely and subject to the most interpretation on the 1985 Land Use Plan are listed. Verification of these parcels was done using County Assessor's information and the Town Zoning Map. 537-05-002 537-10-010 562-03-013 537-05-005 544-06-003 575-04-007 537-07-004 544-02-005 575-05-001 537-07-018 558-33-007 575-05-002 537-08-026 562-03-001 575-09-008 N :1D E V \K S \M I D P EN . APN Table Explaining General Plan Land Use Map Update REASON Consistency with zoning & actual uses 0 z z O N 0 0 O c ccU N r Lj) o 0 r r U C W o_ 0 a C a o 0 b) 258 Union Avenue 527-44-12,13 LDR NC 6 13980 Blossom Hill Road 567-64-010 LDR NC ET Z cn < = _ 0 --/ LDR LJ J PARCEL NUMBERS 406-28-020 406-27-18,20,22 406-26-09,31 406-32-13 thru 35 406-40-04,05 424-08-18 424-35-026 424-10-17,18, 23, 24, 51, and 57 thru 63 527-44-011 LOCATION a) 14125 Capri Avenue b) 320 - 340 & 360 Knowles Drive c) 821 & 825 Pollard Rd. 600 - 652 Vasona Avenue 16001-5 Lark Avenue West side of National Avenue from 2 parcels north of Camino del Sol to Samaritan Drive a) 246 Union Avenue Q CC W r N ch �t in U N U m IZ cc U 529-01-028 140 S. Santa Cruz Avenue } IJJ Nov-11-97 03:40P P-02 PFOPFI. 1' O Iz OPEN SPACE November 11, 1997 Chairperson Sandy Decker and Members of the Los Gatos Planning Commission 110 East Main Street Los Gatos, CA 95032 RE: General Plan Land Use Map Update --Urban Growth Boundary NOV 11 1997 TOWN OP LDS GAM. - PLANNING CEPARTME_N7 By Dear Chairperson Decker and Planning Commissioners: Greenbelt Alliance strongly suports the adoption of the Urban Growth Boundary map and the policies governing the boundary as recommended by staff and included in the West Valley Hillside Preservation Strategy. The Urban Growth Boundary (UGB) adoption is the last key step toward completion of the West Valley Hillside Preservation Program which will contain any further sprawl up the hillsides and improve County hillside development standards through the addition of the design review process and more rigorous standards. As you may recall, the Cupertino and Monte Sereno City Councils unanimously adopted UGBs earlier this year and Saratoga should adopt their UGB in the near future. The Santa Clara County Board of Supervisors unanimously adopted the West Valley Hillside Preservation Strategy and new hillside ordinances developed in coordination with the West Valley cities. We want to point out that the adoption of the UGB on the land use map and policy language do reinforce the Los Gatos Hillside Specific Plan policies and reaffirm the Town's commitment to constraining future urban development beyond the UGB. The UGB is meant to be a long-term line, with all urban development staying inside the line for a 20-30 year period as stated in the West Valley Hillside Preservation Strategy. We are glad that Los Gatos was an active participant in the West Valley Hillside Preservation Program and hope the Town completes its part of the program through the UGB map and policy adoption. Thank you for your consideration. Vicki Moore Associate Policy Director 11:\IN 1 )I.1.1(11( • 1 11i N.9c li40. Sin Fr:uiris; n ( !1111):; • 141r.1 1 3-•I'29l • 11 151 .i 13-1119:', .S( )1.'C11 1i.\\" (1•I-'I(.1•. • I!I_'..! Thu \l:unclla tiuili• "I S, .tiara fc .(• (:\ '.).; l_!(; ♦ ,.•1(14) 98:s-16:1') • Fay 1 l(Is) N( )R1 FI 11.11" ( )FI l(.1 • 'i'(I A1rnllurini .\n•unr .SIli1(• 2I)11• SA111:1 R(f.:I ( .\ ) •IMII • 171)71 575-:161;1 • 1::1\ 171171 57 . 1.:\h1 1S.\1*O14I(:I• • .,U01gn.uic \:111rt Rc,Aci Siii11•:51). b1,llr1111 (:trrl.I 1 )1r01) • (UO)'I:{2_7 76 • FAN (i)1O)!1i2-I9711 (mall: Art (nhrII(•Cig.'.;Il (.01g • w, I,.ili: IIIl1): ;'\% l .gr.c'nlu 11 ; : til':1 }; Aj� H I E F 1 r. . •lL3a INTERNAL TRACKING DEPTMENT: AGENDA ITEM: ✓art 4i41/1,l� //edd RESO/ORD NUMBER: ,/ BY DATE /99 - / LIST IN BOOK ON DISC OR SHARE. FORM SENT TO DEPT. . PUBLISH IF REQUIRED - Date of Publication ORDINANCES ONLY WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR MAIL TO DISTRIBUTION LIST NO.of COPIES: l <� , 1/Q PROOF OF MAILING PREPARED SIGN BY CLERK/SEAL '° R i r�) i II11 w �' ENTER INTO ECM ORDINANCE/RESOLUTION FILE FILE IN VAULT CODIFICATION IF ORDINANCE ! cik:d16:1aher1ordrea2 OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: --12,14,,,L4-y 12-15-9-7 13 RESOLUTION )qq%— I4 2. Ja-15-91 PUBLICATION REQUIREDt COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: att_ COUNCIL MEMBERS NAMES: Number: Date of Intro: Date of Adopt: ZONE CHANGE: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor(or Chairman) LINDA LUBECK ORDINANCE ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION TC:07: RESO-ORD RESOLUTION 1997-142 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE UPDATED LOS GATOS GENERAL PLAN LAND USE MAP AND THE URBAN GROWTH BOUNDARY WHEREAS, under Government Code Section 65353, the Town Council conducted a public hearing on December 15, 1997, to consider an update of the Los Gatos General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, during this hearing, the Town Council considered the General Plan Amendment DEV-97-2 relating to the update of the Land Use Map and adoption of the Urban Growth Boundary; and WHEREAS, under Government Code Section 65353, the Planning Commission conducted a public hearing on November 12, 1997 to consider an update of the General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, the Planning Commission recommended Town Council adoption of the updated Land Use Map and Urban Growth Boundary; and WHEREAS, the Planning Commission and Town Council determined that the 1985 General Plan Land Use Map is out of date and difficult to interpret; and WHEREAS, the Planning Department has computer software that enables the Town to generate colored, parcel specific, up-to-date Land Use Maps; and WHEREAS, Town staff has worked with the County of Santa Clara, City of Cupertino, City of Monte Sereno, and City of Saratoga to develop preservation strategies for the West Valley Hillsides; and WHEREAS, the Town has an existing Urban Service Area boundary and a coterminous Long Term Urban Growth Boundary is required by the "West Valley Hillsides Preservation Strategies"; and WHEREAS, the Urban Growth Boundary would help prevent encroachment of urban development into the hillside areas; and WHEREAS, adopting an Urban Growth Boundary is consistent with Land Use Element Goals 2.3.1, 2.3.2, 2.3.4, and 2.3.10. RESOLVED, that the Town Council finds that the amendment is not a project subject to CEQA pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and FURTHER RESOLVED, The Town Council amends the General Plan Land Use Element to read: 2.5.1 Residential Uses: The following definitions are set forth for residential land uses as designated on the Land Use Plan (Figure 2.2). Minimum densities are intended to be a floor, except when there are extenuating circumstances due to conflicts with other elements of the General Plan. 2.5.2 Nonresidential Uses: The following definitions are set forth for non-residential land uses as designated on the Land Use Plan Figure 2.2. a. CBD - Central Business District FURTHER RESOLVED: The Town Council amends the General Plan Land Use Element to read: 2.4.21 The current Urban Service Area Boundary is coterminous with the Long Term Urban Growth Boundary. The intent of the urban growth boundary is to limit future development to lands within the existing urban service area. The Urban Service Area will not expand outside the urban growth boundary. 2.4.22 Modification to the long term urban growth boundary is allowed only in conjunction with a comprehensive review of the Town's General Plan. Revisions to the urban growth boundary will be referred to the County of Santa Clara for review and comment. FURTHER RESOLVED, the Town Council finds that the General Plan Land Use Map update (attached hereto as Exhibit A) and Urban Growth Boundary are internally consistent with the General Plan and consistent with the Hillside Specific Plan, and recommends adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the l5th day of December, 1997 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Linda Lubeck MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA RESOLUTION 1997-142 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE UPDATED LOS GATOS GENERAL PLAN LAND USE MAP AND THE URBAN GROWTH BOUNDARY WHEREAS, under Government Code Section 65353, the Town Council conducted a public hearing on December 15, 1997, to consider an update of the Los Gatos General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, during this hearing, the Town Council considered the General Plan Amendment DEV-97-2 relating to the update of the Land Use Map and adoption of the Urban Growth Boundary; and WHEREAS, under Government Code Section 65353, the Planning Commission conducted a public hearing on November 12, 1997 to consider an update of the General Plan Land Use Map and adoption of an Urban Growth Boundary; and WHEREAS, the Planning Commission recommended Town Council adoption of the updated Land Use Map and Urban Growth Boundary; and WHEREAS, the Planning Commission and Town Council determined that the 1985 General Plan Land Use Map is out of date and difficult to interpret; and WHEREAS, the Planning Department has computer software that enables the Town to generate colored, parcel specific, up-to-date Land Use Maps; and WHEREAS, Town staff has worked with the County of Santa Clara, City of Cupertino, City of Monte Sereno, and City of Saratoga to develop preservation strategies for the West Valley Hillsides; and WHEREAS, the Town has an existing Urban Service Area boundary and a coterminous Long Term Urban Growth Boundary is required by the "West Valley Hillsides Preservation Strategies"; and WHEREAS, the Urban Growth Boundary would help prevent encroachment of urban development into the hillside areas; and WHEREAS, adopting an Urban Growth Boundary is consistent with Land Use Element Goals 2.3.1, 2.3.2, 2.3.4, and 2.3.10. RESOLVED, that the Town Council finds that the amendment is not a project subject to CEQA pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and FURTHER RESOLVED, The Town Council amends the General Plan Land Use Element to read: 2.5.1 Residential Uses: The following definitions are set forth for residential land uses as designated on the Land Use Plan (Figure 2.2). Minimum densities are intended to be a floor, except when there are extenuating circumstances due to conflicts with other elements of the General Plan. 2.5.2 Nonresidential Uses: The following definitions are set forth for non-residential land uses as designated on the Land Use Plan Figure 2.2. a. CBD - Central Business District FURTHER RESOLVED: The Town Council amends the General Plan Land Use Element to read: 2.4.21 The current Urban Service Area Boundary is coterminous with the Long Term Urban Growth Boundary. The intent of the urban growth boundary is to limit future development to lands within the existing urban service area. The Urban Service Area will not expand outside the urban growth boundary. 2.4.22 Modification to the long term urban growth boundary is allowed only in conjunction with a comprehensive review of the Town's General Plan. Revisions to the urban growth boundary will be referred to the County of Santa Clara for review and comment. FURTHER RESOLVED, the Town Council finds that the General Plan Land Use Map update (attached hereto as Exhibit A) and Urban Growth Boundary are internally consistent with the General Plan and consistent with the Hillside Specific Plan, and recommends adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of December, 1997 by the following vote. TOWN COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Linda Lubeck MAYOR LOS GATOS TOWN COUNCIL ATTEST: /s/ Marian V. Cosgrove TOWN CLERK, TOWN OF LOS GATOS N:\DEV \RESOS\ DEV-97-2.TC COUNCIL AGENDA REPORT DATE: December 15, 1997 TO: MAYOR AND TOWN COUNCIL FROM: MARIAN V. COSGROVE, TOWN CLERK MA)) GENERAL PLAN AMENDMENT GP-97-0002 Correspondence received after packet was distributed. PREPARED BY: MARIAN V. COSGROVE, TOWN CLERK Reviewed by: ,i ]t�� ager Finance Reformatted: 10/23/95 MEETING DATE: 12/15/97 DESK ITEM 13 Revised: 12/15/97 3:14 pm Dec-15-97 02:57P PEOPLE FOR OPEN SPACE December 15, 1997 Mayor Linda Lubeck and Members of the Los Gatos City Council 110 East Main Street Los Gatos, CA 95032 RE: General Plan Land Use Map Update --Urban Growth Boundary (Item #13) Dear Mayor Lubeck and Councilmembers: Greenbelt Alliance urges you to adopt the Urban Growth Boundary map and policies governing the boundary as recommended by your staff and Planning Commission. The Urban Growth Boundary (UGB) adoption is the last key step toward completion of the West Valley Hillside Preservation Program which will halt further sprawl up the hillsides and improve County hillside development standards through the addition of the design review process and more rigorous standards which the Board of Supervisors adopted earlier this year. By adopting the UGB policies, Los Gatos will join Cupertino and Monte Sereno whose City Councils unanimously adopted UGBs earlier this year. We believe Saratoga will adopt their UGB in the near future. In the late Spring, the Santa Clara County Board of Supervisors unanimously adopted the West Valley Hillside Preservation Strategy and new hillside ordinances developed in coordination with the West Valley cities. We want to point out that the adoption of the UGB on the land use map and policy language do reinforce the Los Gatos Hillside Specific Plan policies and reaffirm the Town's commitment to constraining future urban development beyond the UGB. The UGB is meant to be a long-term line, with all urban development staying inside the line for a 20-30 year period as stated in the West Valley Hillside Preservation Strategy. We are glad that Los Gatos was an active participant in the West Valley Hillside Preservation Program and thank you for completing your part of the program through the UGB map and policy adoption. Thank you for your consideration. Sincerely, /v��a'ze Vicki Moore Associate Policy Director MAIN OFPICF • 116 Nev., Montgomery Suite 640, San Francisco CA 94105 • (415) 543-4291 SOUTH BAY OFFICE • 1922 The Alameda Suite 213, San Jose LA 95126 • (408) 983-0539 NORTH BAY OFFICE • 520 Mendocino Avenue Suite 200, Santa Rosa CA 95401 • (707) 575-3661 EAS r BAY OFFICE • 500 Ygnacio Valley Road Suite 250, Walnut Creek CA 94596 • (510) 932-7776 0 ..t...' Town Council Reeevelop ment Minutes of December 15, 1997 Agency Los Gatos, California HEARINGS CONTINUED WOOD ROAD 110/LOS GATOS MEADOWS/ABC LICENSE REQUEST/CONTINUED Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the applicant's request to apply for a Special Alcoholic Beverage Control License, specifically for a residential senior care facility, to be able to sell beer and wine to their residents and guests with meals. Carried unanimously. GENERAL PLAN LAND USE MAP UPDATE/RESOLUTION 1997-142 (13.46) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider recommendations of the Planning Commission for a General Plan Land Use Map Update. General Plan Amendment GP-97-0002. Adopt a resolution updating the 1985 Los Gatos General Plan Land Use Map (The recommended land use map update identifies uses on a parcel by parcel basis. Approximately 150 parcels are recommended for land use amendment.) and adopting urban growth boundary. These matters are categorically exempt. There was no one from the audience to speak to this issue. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1997-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE UPDATED LOS GATOS GENERAL PLAN LAND USE MAP AND THE URBAN GROWTH BOUNDARY. Carried unanimously. LOADER SCRAPER/TRACTOR EQUIPMENT SALES/RESOLUTION 1997-143 (14.28) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1997- 143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH TRACTOR EOUIPMENT SALES FOR PURCHASE OF ONE (1) NEW 1997 LOADER SCRAPER, Cost of the scraper is $49,551.44; Trade in 1981 Massey Fergeson (loader scraper) for $5,700.00 - fixed asset #4072; Authorize budget adjustments for increase in sale of property revenue ($7,000) and increase for purchase of equipment ($2,000). Carried unanimously. HOLIDAY LIGHTING DOWNTOWN/ENERGIZE THROUGH MARCH (15.44) Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council grant the request of the Los Gatos Chamber of Commerce to leave the downtown holiday lighting energized through March. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no stating that they did not want to see the specialness of the holiday season diluted by keeping the lights up too long. TC:D9:MM121597 4 1 PROOF OF PUBLICATION (2(315.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly - Times, 245 Almendra Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27,1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: December Sall in the year of 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. 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I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: October 29, all in the year 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: October 29 , 1997 at San Jose, California .o1714441 - ACCV / `/ M Tguerije L. Brown Filing Stamp PROOF OF PUBLICATION -tnN v� ^^., 1,o d 0 0 0 D Q� O O O== 400 N O' eD T rj O_ A O C^ r O r. 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