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."
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(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.
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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
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