1990-057-Approval To Relocate Structures From The Maria's Berry Farm To The Terminus Of New York AvenueRESOLUTION 1990 -57
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION APPROVAL TO
RELOCATE STRUCTURES FROM THE MARIA'S BERRY FARM TO THE
TERMINUS OF NEW YORK AVENUE AND TO TRANSFER THE
LANDMARK HISTORIC PRESERVATION OVERLAY ZONE FOR MARIA'S
BERRY FARM FROM 16301 MOZART AVENUE TO THE PROPERTY AT
THE TERMINUS OF NEW YORK AVENUE
(TERMINUS OF NEW YORK AVENUE - MARIA'S BERRY FARM)
WHEREAS:
A. Marlyn J. Rasmussen has appealed a decision of the Planning Commission
as follows: approval to relocate structures from the Maria's Berry Farm to the terminus of
New York Avenue and to transfer the landmark historic preservation overlay zone for
Maria's Berry Farm from 16301 Mozart Avenue to the property at the terminus of New
York Avenue on property owned by the Town of Los Gatos and the San Jose Water
Company (Architecture and Site Application 5 -89 -63 and Historic Application HD- 00 -1);
and
B. A public hearing was held by the Town Council on February 20, 1990,
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was presented
that the decision of the Planning Commission was in error.
B. The Town Council hereby further finds that there is no other feasible site for
Maria's Berry Farm and that the proposed placement of the structure has been located
sensitively to the environment.
C. The Town Council hereby further finds that a Transition Committee should
be established composed of representatives of the Youth Park, A Place for Teens and other
interested groups to consider the issues of traffic and parking and to ensure that the
structure is compatible with the area.
D. The Town Council hereby further finds that Zone Change HD -90 -1 is
consistent with Section 8.4(6) of the General Plan which encourages public uses of historic
structures to better preserve them and which requires that all public and private porjects
give full consideration to any effective historical landmark which will be affected by
implementatio of a project (which in this case is Highway 85) and is consistent with Section
6 of the Downtown Specific Plan which has an objective to reserve historic buildings.
E. Based on the foregoing, the appeal is hereby denied and Architecture and Site
Application 5 -89 -63 and Historic Designation HD -90 -1 are hereby approved subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The Town Shall coordinate the possible relocation of the memorial plaque
and tree identification monuments with the Boy Scouts.
2. Exterior colors of the residence and water tower shall be reviewed by the
Historic Preservation Committee and the Los Gatos Heritage Preservation Society.
3. A transfer of ownership of Assessor's Parcel Numbers 529 -27 -002 (Lot No.
106) and 004 (Lot No. 58) to the Town shall be secured.
TO THE SATISFACTION OF THE TOWN ENGINEER:
4. The overhead powerline shall be relocated underground between the existing
power poles. The Traffic Authority shall pay for the cost of relocating the power
line and the Town shall pay the difference to underground the line, utilizing the
construction tax - utility fund. The actual costs will be determined during the
relocation process.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
5. A landscaping plan shall be submitted by the Parks, Forestry and Maintenance
Services Department incorporating drought tolerant plant material.
6. The landscaping plan and maintenance plan shall be coordinated with and in
consultation with the Youth Park.
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7. The Arborist or tree company that is contracted by the Traffic Authority to
trim any trees along the transport route will be required to have the Parks
Department approval, a Town business license and to meet with the Parks
Department prior to the start of any pruning.
8. A transport route and moving schedule shall be provided by the Traffic
Authority with the height and width dimensions of the sections of the structures on
the transfer vehicle.
9. Any trenching done under the dripline of existing trees must be done by hand
and shall be a minimum of four to six feet from the tree depending on the species.
10. Prior to relocation, the Traffic Authority shall provide pad certification
showing finished floor height and site location.
11. A move permit and building permit shall be obtained by the Traffic Authority.
12. The Traffic Authority shall provide mechanical drawings showing underfloor
furnace for listed clearances.
13. Traffic Authority shall obtain a temporary electrical permit.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
14. A fire hydrant at the end of the New York Avenue, Adjacent to the proposed
location shall be provided or the primary residence and water tower shall be
sprinklered.
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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of March, by the following vote.
COUNCILMEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
NOES:
ABSTAIN:
ABSENT:
Brent N. Ventura and Mayor Thomas J. Ferrito.
SIGNED:
M
MAYOR OF E TOWN OF LOS GATOS
LOS GATOS'.-CALIFORNIA
ATTEST:
t.
i
CLERK OF THE TOWN 04OS GATOS
LOS GATOS, CALIFORNIA
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