M 06-19-89TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JUNE 19, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 7:55 p.m., Monday, June 19, 1989,
in regular session.
ROLL CALL
PRESENT:Eric D. Carlson arrived at 8:40 p.m., Robert L. Hamilton,
Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne
Benjamin.
ABSENT:None.
PLACE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session prior to this evening's meeting, pursuant to Government Code Section
54956.9(a) to discuss Pending Litigation regarding Ho v. Town Council. There is
no report regarding that matter at this time.
Council also met in regard to Government Code Section 54956.9(a) to discuss
Pending Litigation regarding Dotson v. Town. Council authorized payment of
$6,500 to settle this matter.
Council also met in regard to Government Code Section 54956.9(a) to discuss
Pending Litigation regarding Mazzaferro v. Town. Council authorized settlement
with no payment by Town but waiver of costs.
There was also a discussion regarding Labor Relations. There is no report in
regard to that matter at this time.
PROJECT 8802/8804/BLOSSOM HILL PARK/AWARD OF CONTRACT
Motion by Mr. Ventura, seconded by Mr. Hamilton, that the Council award the
contract for the work to the lowest bidder, Galedrige Construction, in the total
estimated amount of $122,035.00 and authorize the Town Manager to sign the
contract on behalf of the Town. It is also recommended that the overlaying of
Happy Acres Road from Wooded View Drive to end and the slurry sealing of
Union Avenue from Anne way to Los Gatos-Almaden Road be added to the
contract for the estimated amount of $76,427.00. Carried by a vote of 4 ayes.
Mr. Carlson absent.
SCHEDULE OF PUBLIC HEARINGS
Council approved report regarding upcoming scheduled public hearings.
SECONDARY UNIT/MONTHLY REPORT
Motion by Mr. Hamilton, seconded by Mr. Ventura, to accept report from Planning
Department regarding secondary unit reports to be submitted by the Code
Compliance Officer and Town Attorney in the future. Carried by a vote of 4 ayes.
Mr. Carlson absent.
PAYROLL RATIFICATION/PAID JUNE 2, 1989/RELATED WARRANTS
Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of payroll in the
amount of $183,561.61, payroll related warrants in the amount of $120,658.88
and accompanying check registers for payroll of May 14-27, 1989 paid on June
2, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent.
ACCOUNTS PAYABLE/RATIFICATION OF/JUNE 12, 1989
Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of the check
register in the amount of $485,938.44 for accounts payable invoices paid on
June 12, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent.
SUPER DAY/NATIONAL FOOTBALL LEAGUE/CHAMBER OF
COMMERCE/TOWN PLAZA
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council approve
applicant's request for facility use of the Town Plaza on Saturday, July 15, 1989,
subject to applicant supplying appropriate insurance, and covering all costs for
maintenance and supervision. Carried by a vote of 4 ayes. Mr. Carlson absent.
LEGISLATION/PROPOSED/RESOLUTION 1989-112
Motion by Mr. Hamilton, seconded by Mr. Ventura, that staff prepare a letter for
the Mayor's signature indicating the Town's position on each of proposed
legislative bills as follows: 1) SB1221 Support. It is also recommended that the
Council adopt the Resolution 1989-112, entitled A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS URGING PASSAGE OF
SENATE BILL 1221 relating to beverage containers; 2) SB35 Support. The
Town's General Plan addresses the relationship between land use and
transportation facilities and local and regional transportation plans. Although the
Town does not typically support State mandates, there are many cities that do
not address the relationship between land use and transportation. Therefore, it
may be appropriate to require this issue to be addressed in cities General Plans;
3) SB40 Support, relating to environmental quality. Carried by a vote of 4 ayes.
Mr. Carlson absent.
BUSINESS LICENSE/LATE PAYMENT PENALTY/WILLINGHAM
Motion by Mr. Hamilton, seconded by Mr. Ventura, to accept staffs
recommendation for continuance of this item to July 10, 1989. Carried by a vote
of 4 ayes. Mr. Carlson absent.
GENERAL PLAN/COUNTY
Motion by Mr. Hamilton, seconded by Mr. Ventura, to direct staff to prepare a
letter for the Mayor's signature to the County Board of Supervisors concerning
the County General Plan Update and including the following:
1) Reiterate and strengthen policies that urban development should occur only in
cities:
2) Strengthen policies relating to preservation of open space in hillside areas;
3) Reorganize the General Plan by geographical areas and develop policy that
specifically relates to each area;
4) Establish specific urban/rural boundaries and develop policy and
implementation measures to ensure the maintenance of these boundaries;
5) Reiterate and strengthen policies to preserve agricultural areas;
6) Develop strong policies to restrict development on property under Williamson
Act contracts and prohibit the cancellation of Williamson Act contracts;
7) Reiterate and strengthen hillside subdivision polices;
8) Reiterate and strengthen policies prohibiting development on slopes in excess
of 30%;
9) Restrict grading in hillside areas and limit the impervious surface area allowed
in hillside areas;
10) Encourage clustered development and Planned Unit Developments in
hillsides rather than large lot subdivisions that create long roads and increase
grading;
11) Develop implementation measures requiring the preparation of maps that
show the specific alignment of bikeways and trails including the Bay Area Ridge
Trail System;
12) Reiterate and strengthen the policies requiring park and trail dedications
from private landowners;
13) Amend land use designations to be consistent with the prezoning
designations of cities;
14) Delete the "East Foothills Policy" which allows the subdivision of property if
the area has generally smaller lot sizes than the existing zoning allows. This
policy conflicts with the concept that the allowable density is established by
General Plan and Zoning Land use designation;
15) Develop policies prohibiting the use of "Gift Deeds" as a method of
subdividing property since such a process circumvents the subdivision Map act
and does not provide an opportunity for the public to comment.
Carried by a vote of 4 yes. Mr. Carlson absent.
HAZARDOUS WASTE/TANNER BILL
Motion by Mr. Hamilton, seconded by Mr. Ventura, accepting staff's report of
concerns sent to Santa Clara County regarding hazardous waste and directing
staff to forward the following additional comments. Carried by a vote of 4 ayes.
Mr. Carlson absent.
LATE CLAIM/DENIAL/GRIGORY
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council deny the
application for permission to file a late claim by Russell K. Grigory. Carried by a
vote of 3 ayes. Mr. Ferrito abstained. Mr. Carlson absent.
MANAGEMENT LETTER/AUDIT 1987-88
Motion by Mr. Hamilton, seconded by Mr. Ventura, to accept the Management
letter for the 1987-88 Audit as submitted. Carried by a vote of 4 ayes. Mr.
Carlson absent.
1989-90 BUDGET/RESOLUTION 1989-113
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-113, entitled A RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR
1989-90 incorporating all changes which were discussed and voted upon during
previous budget meetings. Carried by a vote of 4 ayes. Mr. Carlson absent.
PROCEEDS OF TAXES/APPROPRIATIONS LIMIT/FISCAL YEAR 1989-90
Motion by Mr. Hamilton, seconded by Mr. Ventura, to accept staff's
recommendation to continue this item to July 10, 1989. Carried by a vote of 4
ayes. Mr. Carlson absent.
SALARIES/AUTHORIZED POSITIONS/FISCAL YEAR 1989-90
Motion by Mr. Hamilton, seconded by Mr. Ventura,a to accept staff's
recommendation to continue this item to July 10, 1989. Carried by a vote of 4
ayes. Mr. Carlson absent.
TRANSIT ASSIST/JOINT POWERS AGREEMENT/RESOLUTION 1989-114
Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution
1989-114, entitled AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE CITIES OF SARATOGA, MONTE SERENO AND
THE TOWN OF LOS GATOS CREATING THE TRANSIT ASSIST JOINT
POWERS AGREEMENT, A COMMUNITY TRANSIT SERVICE AGENCY
reflecting changes in insurance coverage and adjustments to internal operations
within the Transit Assist Program. Carried by a vote of 4 ayes. Mr. Carlson
absent.
HEARINGS
NATIONAL AVE 15245/S-72-162/A/U-86-2A/OW: ELLISOR/APPL: HAILS/
APPE: BANKS-WOLF
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission approval to operate a care
facility group home on property in the "O" zone. Architecture and Site
Application: S-72-162A. Conditional Use Permit: U-86-2A. Property: 15245
National Ave. Owner: David Ellisor. Applicant: Robert Hails. Appellant: Joan
Banks/Thomas Wolf.
The following people from the audience wished to speak to the issue:
Joan Banks, 223 Drakes Bay Ave., Pres. of Homeowner's Association of
Cordova Woods, spoke against the project, due to size and impact in the
residential neighborhood.
Thomas Wolf, 235 Jo Drive, does not want the regional project to impact this
neighborhood.
David Elisor, 1501 East 16th Street, Newport Beach, CA, as a representative of
Cedar Ridge spoke for the adolescents and area concerns and stated that
their program has never had complaints from the neighborhood where they've
been established.
Mr. Ferrito inquired about the following points:
1) Admission criteria approved by Town Attorney.
2) Would not contract with the County Probation Department or a similar
organization.
3) Prohibit staff from parking on Jo Drive and National Ave. and use
parking permits.
4) Limit visiting hours.
5) Remove court from the rear to the inside patio, with the ability to take
this item back to the Planning Commission.
Bob Hails, Administrator of Cedar Ridge, suggests not having visiting hours
during peak traffic periods and use of curfew in the evening.
Michelle Nelson, 289 De Soto Dr., 21 year resident, is opposed to this project
stating personal experience working with a similar project and feeling that
this use is too intensive for a residential neighborhood.
Klaus Spire, 103 Drakes Crt., member of the Cordova Woods Homeowners
Assoc. spoke against the project.
Tom Payne, 231 Drakes Bay, does not want the project in this neighborhood.
Randy Carter, 243 Jo Drive, spoke against the project.
Srika Chary, 208 Drakes Bay Ave., opposed the project in the residential area.
Randall Nelson, 289 De Soto Dr., added comments in opposition to the project.
Christina Payne, 231 Drakes Bay, spoke against the project.
Ludwig Budnush, 311 De Soto Dr., asked that the Town not import potential
problems to this neighborhood.
Betsy Katz, 285 De Soto Drive, spoke about the traffic concerns in the area of
the project.
Greg Westerbach, 110 Drakes Court, spoke about safety issues for his family.
Dr. James Berick, 120 Carlton (home), 400 Carlton (office), spoke positively for
the project, in his neighborhood and Town.
Beatrice John, past owner of Gem Convalescent Home, now owned by Century
Health Care Group, spoke of carefully researching the present owners
before selling to them.
Joan Banks, 223 Drakes Bay Ave., reiterated her concerns about the project in
this residential area.
Thomas Wolf, 235 Jo Drive, feels that the project is a detriment to the residential
community.
David Elisor and Bob Hails, spoke for the Cedar Ridge facility and their model
program.
No one else from the audience wished to speak to this issue.
Motion by Mr. Ferrito, seconded by Mr. Hamilton, to close the public hearing.
Carried by a vote of 4 ayes. Mr. Carlson abstained.
Motion by Mr. Ventura, to grant the appeal in that the Planning Commission erred
due to lack of evidence to support their findings to allow for a use permit. Motion
failed due to lack of a second.
Motion by Mr. Hamilton, seconded by Mr. Ferrito, to deny the appeal on the basis
that this is a facility that fulfills a need in this community and in this county and
finds that the Planning Commission did not err in its decision, upholding the
Planning Commission's decision and including the following conditions:
1) The applicant establish a written admissions criteria to the satisfaction of the
Town Attorney.
2) The applicant agree not to contract with the County Probation Department or
similar organizations for the admission of patients.
3) The applicant prohibit it's staff from parking on Jo Drive and National Ave. and
use of employee parking stickers.
4) The applicant remove the outdoor court from the rear to the inside patio area,
without prejudice to seeking a change at some time in the future.
Carried by a vote of 3 ayes. Mr. Ventura voted no. Mr. Carlson abstained.
NICHOLSON 304/S-89-2/OW: HERLIHY/APPEAL PC DENIAL/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission denial of plans for a remodel
and second story addition to an existing single family residence in the R-1D-LHP
zone. Architecture and Site Application S-89-2. Property: 304 Nicholson.
Owner: Barbara Herlihy.
The following people from the audience wished to speak to the issue:
Barbara Herlihy, 304 Nicholson, stated that she was not considering demolition
and asked for cooperation among the committees and commissions reviewing
her proposal.
Mr. Carlson, asked Ms Herlihy if she was willing to work with the DRC in reducing
mass and having fewer square feet.
Aaron Katz, P.O. Box 116, Saratoga, is in support of this application.
No one else from the audience wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing.
Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, to send this project back to
DRC and Planning Commission for a decision and finding that the Planning
Commission was correct in its previous decision regarding mass but that the
process had become clouded due to other issues. Carried by a vote of 3 ayes.
Mr. Hamilton voted no with the view that the Planning Commission erred. Mr.
Ferrito voted no upholding the decision of the Planning Commission.
SARATOGA AVE 235/U-87-11A/OW: BALL/APPL: JULIUS/APPE: YVETTE/
APPEAL PC APPROVAL
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission's approval of a request to
intensify a nonconforming restaurant use by increasing the hours of operation on
property in the C-2 zone, U-87-11A. Property: 235 Saratoga Ave. Owner:
Linda Ball. Applicant: Anton Julius. Appellant: Madam Yvette.
The following people from the audience wished to speak to the issue:
Madam Claire Yvette, 334 Tait Ave., spoke against the restaurant because of
intensive use. Desires a return to the 11 a.m. to 10 p.m. hours of the
previous facility, an elimination of the morning use from 7 a.m. to 11 a.m., and
asks for quiet less commercial intensive in her residential neighborhood.
Duane Perry, 120 Montgomery Street, San Francisco, made the following
observations in support of The Diner he was representing; there has been
a sound quality study; there is no one there before 6 a.m.; there is 40 feet from
the kitchen to Madam's home; there has been a seating reduction; the manager
remains on site during business hours; deliveries are not accepted before 8 a.m.;
there has been no error on the part of the Planning Commission.
Mr. Carlson, states for the record, that in September and October he was at this
property before 6 a.m. and at both times there was someone in that
building, and he observed deliveries being made before 8 a.m. during the fall of
1988.
Anton Julius, owner of The Diner, explained his perspective of trying to comply
with all suggestions from the Town and the community but of the inability to
follow through on some of the issues because of lack of specific direction on
particular problems from Town staff.
Marian Mitchell Jones, owner of Villa Realty on opposite corner, spoke in favor of
The Diner improvements over the past Burger Pit facility and the need to
support this business over the concerns of one person.
Carolyn Goats, 329 Bachman Ave., asked for further consideration of the
business to the fact that there is kitchen noise emanating from the rear of the
facility which causes a noise nuisance for the immediate neighbors.
Madam Claire Yvette, 334 Tait Ave., spoke again about the noise near her home.
Duane Perry, representing The Diner, spoke to the fact that The Diner has
improved the quality of life in this neighborhood by improving the physical
nature of the property and the type of management during business hours.
No one else from the audience wished to address this issue.
Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing.
Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Carlson, to deny the appeal and uphold
the decision of the Planning Commission and modify the conditions of approval
as follows:
1) Applicant shall submit landscaping plan and install landscaping subject
to the approval of Parks and Forestry Superintendent.
2) Applicant to install masonry walls along the commercial and residential
zone borders.
3) Applicant to install chain closures across the entrances of the back
parking lot to be secured during the hours of 11 p.m. and 8 a.m.
4) Applicant not to accept deliveries before 8 a.m.
5) Applicant will complete these improvements by September 1, 1989.
Carried unanimously.
MEETING INTERMISSION
Mayor Benjamin declared an intermission at 11:05 p.m. Meeting called back to
order at 11:15 p.m.
SAN BENITO AVE 620/S-89-14/OW: KATZ/APPEAL PC
DECISION/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of the Planning Commission's upholding the decision
of the Planning Director in denying an application for a second-story addition to a
single family residence in the R-1D zone. S-89-14. Owner: Aaron Katz.
Property: 620 San Benito Ave.
The following people from the audience wished to speak to the issue:
Aaron Katz. P.O. Box 116, Saratoga, spoke in favor of his application, and
addressed sense of scale, mass and FAR considerations. He asked for specific
standards that apply to a development so that an applicant can plan and design
his project successfully.
There was no one else from the audience that wished to address this issue.
Motion by Mr. Ferrito, seconded by Mr. Carlson, to close the public hearing.
Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Carlson, to deny the appeal and refer
the matter back to the Development Review Committee so as to resolve the
issues pertaining to the appearance of the structure and its compatibility to the
street, and to instruct the DRC and Planning Commission to be specific in the
changes they would like to see so Council will be able to answer these concerns
if there is an appeal in the future. Carried unanimously.
ZONING ORDINANCE AMENDMENT A-89-1
Motion by Mr. Ferrito, seconded by Mr. Ventura, to continue hearing to consider
zoning ordinance amendment A-89-1 to add professional and administrative
offices as permitted uses in the CM (Controlled Manufacturing) zone to July 10,
1989. Carried unanimously.
ZONING ORDINANCE AMENDMENT A-89-3
Motion by Mr. Ferrito, seconded by Mr. Ventura, to continue hearing to consider
zoning ordinance amendment A-89-3 to amend categories of financial institutions
permitted in various zones with a conditional use permit to July 10, 1989.
Carried unanimously.
ZONING ORDINANCE AMENDMENT A-89-4
Motion by Mr. Ferrito, seconded by Mr. Ventura, to continue hearing to consider
zoning ordinance amendment A-89-4 to amend and add various provisions
relating to general requirements for residential zones, including required lot
frontage on street or right-of-way to July 10, 1989. Carried unanimously.
PAST MIDNIGHT
Motion by Mr. Ventura, seconded by Mr. Hamilton, to continue the meeting past
midnight. Carried unanimously.
FOSTER ROAD 17975/GUADALUPE COLLEGE/OW: HO/APPEAL PC
APPROVAL/RESOLUTION 1989-115
Consideration of the adoption of resolution denying appeal of Planning
Commission approval of a one year time extension to previous approvals granted
to permit a private school (university level) within existing school facilities
(Guadalupe College) in the HR-5 (pre-zone) zone, granting such extension and
modifying the conditions of approval. Property: 17975 Foster Road. Owner:
Kang Ming Ho. Conditional Use Permit Application U-84-6B.
Mayor Benjamin stated that this was not a public hearing, however because both
the applicant and appellant had issued concerns toward the extension the
meeting would be opened for both the applicant and appellant to address the
Council regarding the revised conditions of approval.
Mr. Carlson mentioned several desk items that were being submitted for the
record and would be addressed as the speakers came forward.
The following people from the audience addressed the issue:
Pete Siemens, 59 Ellenwood Ave., representing The Citizens for the
Preservation of Saint Joseph's Hill, commends the Council and Town.
Staff for responding so positively to this issue. At his time Mr. Siemens
submitted two letters, one regarding information from the Santa Clara Valley
Water District and easements across their land, and the other a list of proposed
corrections and modifications to Town's reports and resolution.
Mr. Thomas Jordan, Representing Dr. Kang Ming Ho, refers to the following
concerns regarding the Town's reports and resolution:
1) EIR states safety concerns of Limekiln alternative.
2) Safe on 17 can challenge the safety issue.
3) Limekiln is contrary to General Plan.
4) The presented information is not new information.
5) Exhibit AA, condition 10, page 3, does not allow any work at the site
until the alternative road is built.
6) Exhibit AA, condition 16, page 4, was never promised by the College.
7) Exhibit AA, condition 17, page 5, asks for indemnification which
applicant is not prepared or capable of giving.
8) Exhibit AA, condition 28, page 10, suggests that serpentine can be
dealt with within the same manner at either site.
9) Exhibit AA, condition 41, page 13, gives off-haul permission but not on
Saturdays.
John Stewart, Representing D. Kang Ming Ho, refers to the following concerns
regarding the Town's reports and resolution:
1) Exhibit EE, page 3, "h", states that the road will cause erosion, but in
fact the road design will improve drainage.
2) Staff report, page 7, contends that the Town was unaware of the
possibilities of Limkiln alternate, which speaker believes is otherwise.
3) Contends that the deletion of the parking spaces is not warranted.
4) Exhibit AA, condition 20, page 7, contends that clear sight and
stopping sight distances are not possible on 180 degree turn radius.
5) Additional benches will further deteriorate the hillsides, there should be
further consideration to minimizing grading.
6) Landscaping restrictions have been added without any substantial
justification.
7) Exhibit AA, condition 48, page 15, measures out to be a 26 foot wide
road which is not representing the smaller size Council requested.
8) Exhibit AA, condition 50, page 15b, asks if an EIR is being sought but
is told the Town Engineer will address the plan.
Mayor Benjamin announced that the Council will meet in Closed Session at this
time to discuss this issue due to Pending Litigation.
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session during this evening's meeting, pursuant to Government Code Section
54956.9(a) to discuss Pending Litigation, Ho v. Los Gatos Town Council, and
there is no report from that discussion.
Motion by Mr. Carlson, seconded by Mr. Hamilton to uphold the Planning
Commission's decision approving the application for a one-year time extension
from October 6, 1988 to October 6, 1989. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura that the Planning Commission
did err on the granting of this extension due to its not considering the following
new facts:
1) Matrix study done by Krines and Krines on alternate roads.
2) Extensive public testimony concerning the use and usefulness of the
open space.
3) Extensive information submitted by the Citizens for the Preservation of
Saint Joseph's Hill.
Carried unanimously.
Motion by Mr. Carlson, seconded by mr. Ventura to modify condition 20, #5, to
read "Clear sight and stopping sight distances shall be provided to the degree
allowed by the design of the road. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton to modify condition 41, to read
"No off-haul of materials is permitted on Saturdays." Carried unanimously.
Motion by Mr. Hamilton, seconded by Mr. Carlson to modify condition 48 to read
"The width of the paved traveled way shall be 18 feet wide within a 21 foot wide
roadway prism. Drainage improvements to be set within the 21 foot width.
Carried unanimously.
Motion by Mr. Ferrito, seconded by mr. Carlson to incorporate all changes made
by Council within exhibit AA and modifying the conditions of approval as
described in the staff report. Carried unanimously.
Motion by Mr. Ventura, seconded y Mr. Carlson to grant the time extension
making the finding that there is no legal impediment to granting a new application
for the same approval and that the condition originally applied to the new
conditions as part of the extension approval are adapted to deal with the new
facts raised concerning the proposed project and using the staff report as
reference and explanation as to the failure to utilize approval or to initiate
substantial construction within the time period provided by the original approval.
Carried unanimously.
Motion by Mr. Ventura, seconded by mr. Carlson to grant the Conditional Use
Permit with the following findings; referencing numbers 1 through 4 on page 6 of
the staff report. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura to grant an additional time
extension from October 6, 1989, to October 6, 1990. (Mr. Ferrito stated for the
record that this extension is much more than has been asked for, and is more
than is normally given, and that Council is trying to help the applicant complete
the planned project.) Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Ferrito, to adopt Resolution 1989-115,
entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION APPROVAL OF A ONE YEAR TIME EXTENSION
TO PREVIOUS APPROVALS GRANTED TO PERMIT A PRIVATE SCHOOL
(UNIVERSITY LEVEL) WITHIN EXISTING SCHOOL FACILITIES, APPROVING
THE EXTENSION AND MODIFYING THE CONDITIONS OF APPROVAL
incorporating the amendments made regarding conditions placed on the approval
of the project and use permit. Carried unanimously.
300 BLOSSOM HILL/TENTATIVE MAP M-89-1/OW: NINO & VASONA
HILLS PART./
AP: LAMBORN/RESOLUTION 1989-116
Motion by Mr. Ventura, seconded by mr. Carlson, to adopt Resolution 1989-116,
entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP FOR A 32-LOT
RESIDENTIAL SUBDIVISION OF 10.2 ACRES OF PROPERTY AT THE
SOUTHEAST CORNER OF BLOSSOM HILL AND ROBERTS ROADS AND
ZONED 5-1:8000 PD, incorporating the findings and decision of the Town
Council at its meeting of June 5, 1989. Carried by a vote of 4 ayes. Mayor
Benjamin abstained.
COUNTY REFERRALS
Report to council regarding projects Outside Urban Service Area
3996-31-38-89V request for variance for property located at 23235 Summit Rd.
Applicant: Purser. Staff recommends no comment.
Status of previous referrals Inside Urban Service Area
141-34 51-78B-87G-87B-87DR-89DR-89G request for Design Review and
Grading for property located on Diduca Way. Applicant: Mehdizadeh. Staff
recommends that if the County approves this application, the Town Council must
determine whether or not the Town shall appeal the decision. If the Town is to
appeal the County's decision, the Council must authorize the Town Attorney to
file an appeal with the fee of $260.00.
Motion by Mr. Ferrito, seconded by Mr. Carlson to accept staff's recommended
action regarding the County Referrals. Carried by 4 ayes. Mr. Hamilton Absent.
CONTINUED ITEMS TO JULY 10, 1989
Motion by Mr. Carlson, seconded by Mr. Ferrito to continue the following items to
Monday, July 10, 1989. Carried by a vote of 4 ayes. Mr. Hamilton absent.
MINUTES OF APRIL 17, 1989
MINUTES OF JUNE 5, 1989
CODE ENFORCEMENT/TOWN ATTORNEY
WATER CONSERVATION POLICIES
SERVICE CENTER/EXPANSION/PROJECT 8717
ADJOURNMENT
Motion by Mr. Carlson, seconded by mr. Ferrito, to adjourn the meeting at 1:30
a.m. Tuesday, June 20, 1989, to Monday, June 26, 1989, at 6:00 p.m. in Closed
Session. Carried by a vote of 4 ayes. Mr. Hamilton absent.
ATTEST:
Marian V. Cosgrove
Town Clerk