M 12-12-89TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 12, 1989
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of Town Hall, 100 E. Main St., at 7:35 p.m., Tuesday, December 12, 1989, in regular
adjourned session.
ROLL CALL
Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura and Mayor Thomas J. Ferrito.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
HEARING
NORTH SANTA CRUZ 15/MOUNTAIN CHARLEY'S/BRIGHAM/CONDITIONAL USE
PERMIT
NORTH SANTA CRUZ 140/VARNI/RELOCATION HEARING
Mayor Ferrito that this was the time and place duly noted for public hearing to consider a
Conditional Use Permit application for permission to relocate an existing restaurant from 15
North Santa Cruz Avenue to a new location at 140 North Santa Cruz Avenue on property in
the C-2 zone. This relocation is requested due to significant physical building damage
suffered by the recent earthquake or aftershocks at the previous location. Business Owner,
Jeff Brigham (Mountain Charley's). Property Owner, Dennis Varni.
The following people from the audience wished to address this issue:
Dennis Varni, 17940 Los Gatos-Saratoga Road, Monte Sereno, spoke in favor of the site for
the relocation of Mountain Charley's.
Jeff Brigham, 15803 Viewfield Road, Monte Sereno, asked Council's aid in helping Mountain
Charley's relocate at the Noodle Palace Building and addressed the issue of the
number of employees who are now out of work/expressing the desire that Council will
approve this application and proposal at this time.
John Style, 6334 Menlo Drive, San Jose, past patron of Mountain Charley's spoke of the mix
of business facilities within Los Gatos and how this business adds interest and diversity
for the consumer in Town.
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Frank Olson, owner of Ernesto's Restaurant, offers full co-operation to all parties involved
and would like to be able to open a restaurant with "Mt. Charley's" as a neighbor.
Dan McFadden, 123 University, corner of Grays Lane, homeowner who does not want
intensified commercial use past the hour of 10:30 p.m.
Joan Perry, 119 University Ave., home backs up against parking lot, and bedrooms would be
subject to the noise of departing customers at 2 a.m. Is not in favor of the relocation
site.
Scott Broomfield, 115 University, would like to see businesses closed by 10 p.m. and feels
that a 2 a.m. closing is uncontrollable.
Lila Montgomery, 209 University Ave., would not object to a family restaurant with hours of
10:30 or 11:00 p.m. but does object to a bar in this location.
MT. CHARLEY'S CONTINUED
Joe Brozda, 201 University Ave., states that this is a residential area and should remain so.
Greg Cogsell, 216 University, is not in favor of the bar relocation.
Herb Grey, 201 University Ave., is not in favor of this relocation.
There was no one else who wished to address this issue.
Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council agendize the discussion
of how the Town will permit the businesses that are closed by virtue of the earthquake and
unable to relocate, to continue to operate as soon as possible with the same set of
conditions as before the earthquake. Carried by a vote of 4 ayes. Mr. Hamilton voted no,
stating that a business owner cannot wait six months to a year for his original location to
reopen and does not feel that this action helps to rebuild Los Gatos in a timely manner.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to deny the Conditional Use Permit
Application EU-77-24C as recommended by the Earthquake Restoration Committee in
consideration of the compatibility of commercial and residential which does not mesh in this
instance due to the intensified use the bar will generate. The restaurant application will be
referred back to the Planning Commission for a use permit hearing. Carried by a vote of 4
ayes. Mr. Hamilton voted no.
Mr. Carlson stated for the record that his reason for supporting the motion is not based
on the findings of the motion or the second but rather that the complexity of the issue puts it
outside the earthquake restoration process and therefore it should be heard through the
normal process.
RESTORATION COMMITTEE APPEAL
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HOLLYWOOD 220/LETTUNICH/EARTHQUAKE DAMAGE/RECONSTRUCTION
Report on consideration on the appeal of the Planning Director's and Building Official's
denial of plans to reconstruct a single-family residence, significantly damaged by the
earthquake on property in the R-1:10 zone, S-89-71. Property located at 220 Hollywood.
Property owners, Martin and Nedra Lettunich.
The following people wished to address this issue:
Martin Lettunich, 220 Hollywood Ave., owner of the property, spoke to the design of his
home and the fact that it was substantially similar to the original.
Dave Flick, 122 Stacia Street, spoke in support of this project.
No one else from the audience wished to address this issue.
Motion by Mr. Ventura, seconded by Mr. Carlson, to send this project back and find
answers to questions as to whether there is 100 or more square feet added to the second or
third floor, and whether the project constitutes a demolition. If these improvements could
have proceeded without a building permit prior to the earthquake that the project be
approved and that a clarification of our general policy be made regarding this issue. Carried
unanimously.
HORSE DRAWN CARRIAGES/STATE OF EMERGENCY/BAN
Report on the banning of horse drawn carriages during the State of Emergency caused by
the October 17, 1989 earthquake.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Ms Lorraine West, who has a
personal interest in this matter, be allowed to address the Council for five minutes. Carried
by a vote of 4 ayes. Mr. Ferrito voted no, stating that he does not wish to turn non-public
hearing items into public hearings.
Chief Todd addressed the safety issues in Town since the earthquake.
Ms West read a letter submitted to the Town Council and answered questions from the
Council.
Motion by Mr. Carlson, and later withdrawn, that Ms West can operate outside the
earthquake affected areas until December 20, 1989 and then be allowed to resume her
activity in the Almond Grove area as defined by Ordinance within 60 to 90 days or at such
time as the downtown traffic barricades are removed.
Joanne Benjamin, did not support this motion because the earthquake came and she feels
there is a need to be flexible. Some traffic is diverted into Almond grove area, but this is
probably commute traffic and does not occur at the time of evening or Sundays when Ms
West operates. If traffic is diverted it tends to travel on University rather than the Almond
Grove, and we should allow the Carriage Trade to operate in the Almond Grove.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Carriage Trade operations be
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permitted on weekends and holidays in the Almond Grove district, and that the current
original mode of operations be allowed outside the earthquake damaged area until the end
of December or until January 1, 1990 when the new Ordinance will take effect. Restrictions
on North Santa Cruz, University and Main will remain in effect until the traffic barricades are
removed and normal traffic flow resumes. This action confirms the ban and modifies it.
Carried by a vote of 3 ayes. Mr. Ventura voted no mentioning the traffic problem. Mr. Ferrito
voted no.
RECESS
Mayor Ferrito declared a recess at 9:50 p.m. and called the meeting back to order at 9:60
p.m.
OPEN SPACE STUDY/BLOSSOM HILL/HICKS-SHANNON-SHORT ROADS
HILLSIDE DEVELOPMENT STANDARDS
Consideration of open space study and proposals for policies regarding lot sizes, trails in the
hillside, development sites and open space.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, to ask the Planning
Commission to make Mr. Ventura's proposed policy #1 more specific regarding conditions
under which one could justify being outside the least restrictive areas such as roads, and
parcels that don't have enough less restrictive area to allow a cluster development that
meets the minimum density. The issue of necessary access should be addressed and
conditions under which we will allow development outside the least restrictive areas. Carried
unanimously.
OPEN SPACE STUDY CONTINUED
Motion for consensus by Mr. Carlson, seconded by Mr. Hamilton, that planned
development will be used for every development in this area as a way of encouraging cluster
development and guaranteeing maximum flexibility while conforming to the policies. Carried
unanimously.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that 30 foot height is
allowed only when no visibility problem exists, in which case the maximum height is 25 feet.
This modification shall be added to item #6 and item #4 shall be deleted. Carried
unanimously.
Motion for consensus by Mr. Carlson, seconded by Mr. Hamilton, to delete the word
cluster from item #7 and insert the word planned so that this item reads; Planned
development shall be required to maximize open space areas, minimize grading and roads.
Carried by a vote of 4 ayes. Mr. Ventura voted no feeling that the word cluster should be left
in.
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Motion for consensus by Mrs. Benjamin, seconded by Mr. Hamilton, to delete the first
and last portion of item #2 so that it reads; The use of natural materials is highly
recommended. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura voted no.
Motion for consensus by Mr. Ventura, seconded by Mr. Carlson, to accept policies one
through nine, omitting #4 and modifying #'s 2, 6 & 7. Carried unanimously.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, to modify proposed
policy #2 as follows; In order to conform with the least restrictive areas and to maximize the
open space and minimize grading and roads, we encourage the developers to use smaller
than one acre lot sizes. Carried unanimously.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that proposed policy #4
be adopted and modified by calling the trails "Hillside Trails." Carried unanimously.
Motion for consensus by Mr. Ventura, seconded by Mr. Carlson, that the areas outside
of the least restrictive areas, as part of the PD process, be dedicated to permanent open
space, with easements granted. Carried by a vote of 4 ayes. Mr. Hamilton voted no.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that anyone who has applied so far
in this particular area and continues in the process according to the rules of timeliness be
able to continue with the current fees. Should for any reason they have to withdraw or
restart, then they will be assessed the new fees at the PD rate. Carried unanimously.
ADJOURNMENT
Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council adjourn. Carried
unanimously. The meeting adjourned at 10:45 p.m.
ATTEST:
Marian V. Cosgrove
Town Clerk
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