1986-046-Denial Of Architecture And Site Application And Variance Application Requesting Approval Of Plans To Convert An Existing Single Family Residence Into Office Use And Variance To Modify Development Standards On Property In The Office ZoneRESOLUTION NO. 1986-46
RESOLUTION DENYING THE APPEAL OF PLANNING
COMMISSION DENIAL OF ARCHITECTURE AND SITE
APPLICATION AND VARIANCE APPLICATION
REQUESTING APPROVAL OF PLANS TO CONVERT AN
EXISTING SINGLE FAMILY RESIDENCE INTO OFFICE
USE AND VARIANCE TO MODIFY DEVELOPMENT
STANDARDS ON PROPERTY IN THE (0)OFFICE ZONE
(30 Broadway -- Joseph and Dina White)
WHEREAS:
1. Joseph A. White has appealed a decision of the Planning, Commission as
follows: denial of Architecture and Site Application S-85-38 requesting approval
of plans to convert an existing single family residence into office use and
Variance Application V-85-6 to modify development standards on property in the
(0)Office Zone located at 30 Broadway and owned by Joseph and Dina White.
2. A public hearing was held on March 3, 1986.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred in denying
the application to the extent that such denial was based on the proposed office
use. The Council finds that the property is zoned, O-LHP (Office, Landmark and
Historical Preservation Overlay Zone) and an office use is allowed.
2. The Town Council further finds at the de novo hearing that the amount of
proposed office space is too intense for the historic neighborhood when reviewed
against the standards in Zoning Ordinance 4.86,180(2) governing the applications
relating to property in the Landmark and Historical Preservation Overlay Zone in
that the traffic generation, parking and site plans of the proposal will
adversely affect the relationship of the property in terms of harmony and
appropriateness with its surroundings and will adversely affect the character of
the district based on the existence of an adjacent residence and its location
within the Broadway Historic District;
3. The Town Council further finds that it would he possible for applicants to
develop an office use if the applicants were willing to limit the intensity of
use and adequately protect the adjacent properties,
4. The Town Council further finds that the proposed development is not
consistent with the following policies of the Downtown Specific Plan:
11. Land Use
Pa 1�
icles
Commercial activity in downtown Los Gatos shall be encouraged in
existing commercial areas and prohibited from existing
residential areas.
2. Strong boundaries between the CBD and adjacent residential
neighborhoods shall be established and maintained.
4. New commercial activities shall meet c onm u n i ty acceptable
standards concerning traffic, parking, and design. New
commercial activity includes:
0 Development on existing vacant parcels,
0 Redevelopment or intensification (additional development) of
use on existing developed properties,
0 Expansion of existing buildings, and
0 Reconstruction of existing buildings which are destroyed.
5. The different functions, land use patterns, and use mixes of
commercial areas within the downtown shall be recognized and
encouraged. This includes:
0 The pedestrian scale, specialty shopping orientation of the
CBD.
0 The convenience shopping land use pattern of areas north of
Saratoga Avenue to about Andrews, and
0 The service commercial activities along Santa Cruz and
University Avenues between Andrews, Roberts, and Blossom
pill.
6. Due to the existing physical constraints of downtown streets
(i.e. the inability to widen the two lane roads) future
intensification of use and new developments shall be keyed to
the traffic carrying capacities of the streets and intersections
in the Downtown. The traffic in the downtown area has reached a
level so that little more can be tolerated without some
improvements in the street capacity. The alternatives for
changes in the street capacity are limited, consequently the
potential for further development is also limited.
7. Conversion of residential structures to commercial shall be
prohibited.
9. Mixed uses to encourage residential opportunities in commercial
zones shall be encouraged.
10. If the traffic capacities are improved, additional housing shall
have priority over additional commercial or office developments.
11. Existing residential uses will be recognized.
-2-
V. Circulation and Transportation
Policies
1. Appropriate traffic controls shall be developed and implemented to
protect downtown residential neighborhoods from the impacts of
through traffic in terms of safety, speeding, noise, and other
disturbances.
3. The use of alternative transportation modes (walking, bicycles,
transit, "People Mover" or Shuttle System), in the downtown area
shall be encouraged for environmental, energy-saving and circulation
purposes.
VI, Community Design
T761 i cies
2. Establish and maintain strong boundaries between the downtown
commercial area and adjacent residential neighborhoods.
In addition, the Town Council finds that this proposal is not consistent with
the General Plan Land Use Policies:
a. General Plan (Adopted February 4, 1985)
Section 2.0 Land Use Element
2.4 Policies
2. Light industrial and office - professional development will be
restricted to areas which are not suitable for residential
development. Existing residential areas will be protected from
pressures for office development.
8. In those areas with traffic problems conversion from residential to
nonresidential uses shall be limited.
9. The Town shall protect existing residential area by assuring that
buffers are developed and maintained between them and other types of
areas. Buffers shall consist of landscaping, sound barriers, and
other design attributes required at the time such uses are approved
to minimize the impact of possible conflicting uses. Uses which
would lead to deterioration, reduction of values, or adversely impact
the public safety or the residential character of the residential
neighborhood shall be prohibited.
10. The Town shall restrict development to that supported by parking,
circulation, utilities and municipal services.
8.0 Conservation And Historic Preservation Element
8.4 Policies
M
6. Historic Preservation:
f. Require that all public or private projects give full consideration
to any affected historical landmarks and features on or off site which
will be adversely affected if the project is implemented.
13.0 Community Design Element
13.4 policies
3. Promote and protect the identity of residential neighborhoods,
5. The Town Council further finds that it is possible for the applicants to
convert only a portion of the structure to office use and to allow the remaining
portion of the structure to continue to be used for residential purposes;
6. The Town Council further finds that the conversion of the entire residence to
office is contrary to the following goals and policies of the Downtown Specific
Plan and the General Plan:
a. Downtown Specific Plan (adopted Mlay 18, 1982)
Intent Section
II. Land Use
ZFJ—ectives:
1. To preserve the architectural and social character of downtown
Los Gatos.
III. Housing
0 ectives
1. To preserve the character of the downtown residential
neighborhood.
2. To limit the conversion of downtown houses to commercial uses.
3. To preserve the stock of older housing in the downtown area.
4. To allow for multiple tenant usage of older houses within strict
controls.
V. Circulation & Transportation
ZFi—ectives:
3. To reduce the effect of downtown traffic on commercial and nearby
residential areas.
Goals
III. Housing
2. To preserve and protect the integrity and character of downtown
residential neighborhoods.
-4-
Policies
II, JLand Use
1. Commercial activity in downtown Los Gatos shall be
encouraaed in existing commercial areas and prohibited
from existing residential areas.
2. Strong boundaries between the CBD and adjacent
residential neighborhoods shall be established and
maintained.
4. New commercial activities shall meet community
acceptable standards concerning traffic, parking, and
design.
9. Mixed used to encourage residential opportunities in
commercial zones shall be encouraged.
11. Existing residential uses will be recognized.
III. Housing
1. No further conversion of residential uses to commercial
use shall be allowed in predominantly residential areas.
2. Existing residential uses in the downtown area which
provide affordable housing shall be preserved.
6. Mixed uses to encourage residential opportunities in
commercial zones shall be encouraged.
VI. Community Design
2. Establish and maintain strong boundaries between the
downtown commercial area and adjacent residential
neighborhoods.
6. Establish adequate design criteria to ensure parking
facilities which are aesthetically pleasing.
b. General Plan (adopted February 4, 1985)
Section 2.0 Land Use Element
2.2 Issues
1. Residential Land Use -- How to maintain the existing
housing stock within the Town has been identified as of
primary importance. A townwide issue relates to the
ability of the Town to supply housing for the elderly
and lower and moderate income groups and the methods
used to achieve such housing types. With regard to
these special housing need groups, location, types of
units, and funding strategies have been issues
throughout the planning process.
2.3 Goals
5. To maintain the existing residential neighborhoods and
to control development of available residential land.
M
2.4 Policies
2. Light industrial and office - professional development will be
restricted to areas which are not suitable for residential
development. Existing residential areas will be protected from
pressures for office development.
8. In those areas with traffic problems conversion from residential
to nonresidential uses shall be limited.
9. The Town shall protect existing residential area by assuring
that buffers are developed and maintained between them and other
types of barriers, and other design attributes required at the
time such uses are approved to minimize the impact of possible
conflicting uses. Uses which would lead to deterioration,
reduction of values, or adversely impact the public safety or
the residential character of the residential neighborhood shall
be prohibited.
Section 3.0 Housing Element
3.4 Goals
3. To preserve existing housing by rehabilitation and conservation
programs,
1.5 Policies
8. The Town should encourage the preservation of residential
dwellings located in nonresidential designated areas when all of
the following conditions are met:
The dwellings are currently and have been historically used
for residential purposes.
The dwellings are adequately maintained and are reasonable
free from serious defects which could result in health or
safety hazards to residents.
c. It is evident that necessary amenities and a suitable living
environment are provided.
9. The Town should support the
commercial areas, especially in
provide housing closer to work
mixing of residential uses in
the downtown area in order to
sources.
Pursuant to Zoning Ordinance Section 5.20.110 and Government Code Section
65906, the Town Council has determined that there was not sufficient evidence
submitted at the hearing to support the findings necessary to grant the
variances requested. Other office properties in the downtown area under
identical O-LHP zoning are currently nonconforming as to parking and as such
are subject to a 20-year amortization period. Therefore, granting approval
of a new office building without all the currently required parking spaces,
which meet all current standards, would be a grant of special privilege in
that any nonconforming office property would be required to meet current
standards in order to amortize the nonconformity.
M
8 The Town Council further finds that the applicant is unwilling to further
reduce the amount of space to be used for office beyond that submitted in the
current application.
9. Based on the foregoing findings, the appeal is denied.
Pursuant to Los Gatos Town Code Section 1-15, the time for seeking judicial
review for the Town Council decision is governed by California Code of Civil
Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 7th day of April 1986 by the following
vote:
AYES: COUNCILMEMBERS Eric D. Carlson, Thomas J. Ferrito
and Vice-Mayor Brent N. Ventura
NOES: COUNCILMEMBERS Joanne Benjamin
ABSTAIN: CCUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Mayor Terrence J. Dail
SIGNED:
ATTEST:
VICE-MAYOR THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GAT
GP02:30BROADWAY
-7-