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15 Desk Item - 16190 Los Gatos BoulevardCOUNCIL AGENDA REPORT DATE: November 17, 1997 TO: MAYOR AND TO COUNCIL FROM: TOWN MANAGER aV SUBJECT: DISCUSSION: MEETING DATE: 11/17/97 ITEM NO. 15 ***** DESK ITEM ***** CONSIDER APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE AND CONDITIONAL USE PERMIT APPLICATIONS TO CONSTRUCT A NEW MIXED USE BUILDING CONTAINING OFFICE AND RESIDENTIAL USES ON PROPERTY ZONED 0 (OFFICE). PROJECT APPLICATION PRJ- 97-129. PROPERTY LOCATION: 16190 LOS GATOS BOULEVARD. APPLICANT: KENNETH M. BLACKWELL, INCORPORATED. PROPERTY OWNER: JERALD B. AND JUDITH A. ADAMS. APPELLANT: SHARON BRUNNER TURZO The attached correspondence was received since the November 13, 1997 Council Agenda Report. Attachments: 6. Letter dated November 13, 1997 from Jeannie Ellis DWK:ME/wp N:ISHAREMAGNESON. WPD PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY Reviewed by: anager Finance Revised: 11/17/97 4:34 pm Reformatted: 10/23/95 Filet/ 301-05 November 13, 1997 Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95031 RE: Project at 16190 Los Gatos Blvd. at the corner of Magneson Loop Dear Town Council, As I cannot attend the hearing on Monday, November 17, 1997, I am writing this letter to show my full support for the above mentioned project. It is my opinion that this proposal has been well thought out and is sensitive to our neighborhood on Magneson Loop. This lot has been an eyesore for long enough. Please approve his project. Sincerely, Jeannie Ellis 16730 Magnesorll Loop TOWN COUNCIL/REDEVELr.t'MENT AGENCY N..nutes of December 1, 1997 Los Gatos, California HEARINGS LARK AVE 16673/PLANNED DEVELOPMENT/24 RESIDENTIAL UNITS (14.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider request for approval of a Planned Development application to change the zone from R-1:8 to RM:5-12 PD to construct 24 residential units. Development Application DEV-96-4. Negative Declaration Application ND-96-15. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. Property Location: 16673 Lark Avenue. Property Owner: Yuki Farms. Applicant: Cupertino Development Corporation. The following people from the audience spoke to this issue: Larry Guy, 109 Altura Vista, representing Cupertino Development Corporation, explained the plans and history of the project and discussed density and site design. Rodger Griffin, Paragon Design, representing Cupertino Development, gave additional background on design and architectural elements, and told of the process relating the project to the surrounding neighborhoods. Carol LaMarre, 204 Charter Oaks Circle, President of the Charter Oaks Homeowners Association, reported that the Charter Oaks neighborhood favored this project. Sheldon Smith, 14225 Laura Drive, spoke regarding the Trails and Bikes Committee goal to access the pedestrian footbridge crossing the creek. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council make the Negative Declaration; find that the zone change is consistent with the General Plan as density can occur although this density is as little as can be expected on this site; findings of improvement and availability which address the Town's Traffic Policy and Development Policy for In -Fill Projects; finding as required by Section 29.10.09030(e) of the Town Code, that the demolition of the single-family residence is subject to the performance standards identified as part of the Planned Development Ordinance; adopt the Mitigation Monitoring Plan; findings by reference of the Planning Commission Minutes; and including the submitted overlay variation (a desk item of this evening) and not the original in the staff report. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no due to the height and mass so visible from the street. Consensus of Council to refer this item back to the Planning Commission for review and return it to Council on January 20, 1997. LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS/DECISIONS (15.47) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider the recommendations of the General Plan Committee, Architectural Standards Committee, and Planning Commission for the Los Gatos Boulevard Plan and Design Standards. Negative Declaration ND-96-21. Initiated by: Town of Los Gatos. TC: D9: MM120197 3 l : 1 TOWN COUNCIL/REDEVEL..L'MENT AGENCY 11-,..tutes of December 1, 1997 Los Gatos, California LOS GATOS BOULEVARD PLAN AND DESIGN STANDARDS/HEARINGS CONTINUED The following people from the audience spoke to this issue: Doug Smith, 127 Wheeler Ave, a professional biker who prefers bike lanes for safety reasons Michael Young, 17601 Foster Road, asked for striped bike lanes for safety. David Hembry, 201 Marchmont Drive, requested marked bike lanes on Los Gatos Blvd. Brian Parker, 16475 Ferris Ave., asked for marked lanes for safety. Craig Steen, 132 Whitney Ave., spoke for the protection of bikers. Gladwyn d'Souza, 140 Whitney Ave., spoke for striping on Los Gatos Blvd. Don Wolf, 15400 Winchester Blvd., #36, asked for striped lanes on the Boulevard. Greg Presedo-Floyd, 420 Hershner Way, asked for the security of marked bike lanes. Lucille Weidman, 215 Carlester Drive, noted that a bike lane on Los Gatos Boulevard would not link to any other bike lane for some time to come. The San Jose and Campbell Lanes do not come this far. Jim McHugh, 16150 Kennedy Road, believes that any form of encouragement to bicyclists to travel on Los Gatos Boulevard is unsafe. He does not want the traffic lanes narrowed. Marcia Wire, 15533 Kavin Lane, Monte Sereno, asked for marked bike lanes. Sheldon Smith, 14225 Lora Drive, #79, does not approve of invisible bike lanes. Elizabeth Smith, 17551 Vineland Ave, Monte Sereno, asked for a pedestrian friendly environment for Los Gatos Boulevard which will include thoughtful accommodations for bicyclists. John Moore, 15500 Los Gatos Blvd., does not think bike lanes on Los Gatos Boulevard would be safe due to the many business driveways on that street. Bill Hirschman, 1540 Parkmoor Ave, San Jose, asked for adoption of the Boulevard Plan and all the numerous issues it encompasses. Audrey Christiansen, Magneson Loop, cyclist who desires bike lanes. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Los Gatos Boulevard Plan and Design Standards but without the bike lanes and lane widths. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Attaway, to include 11 foot traffic lanes, and wider but unmarked bicycle lanes, and to bring the results of this action back to Council with a report in one year. Carried by a vote of three ayes. Mr. Blanton and Mrs. Benjamin voted no considering the proposal unsafe. Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council make the Negative Declaration concerning the Los Gatos Boulevard Plan and Design Standards, but eliminates reduced lane widths and widened bicycle lanes. Carried unanimously. Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council make the Negative Declaration which include 11 foot traffic lanes, and wider but unmarked bicycle lanes, and to bring the results of this action back to Council with a report in one year. Carried by a vote of three ayes. Mr. Blanton and Mrs. Benjamin voted no considering the proposal unsafe. TC:D9:MM120197 4 PROOF OF PUBLI,..,TION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: September 3, all in the year 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: September 3, 1997 at San Jose, California Mar'- ueritk/ L. Brown Fik,1lg Stamp PROOF OF PUBLICATION TOWN OF LOS GATOS NOTICE OF PUBLIC HEAR- ING NOTICE IS HEREBY GIVEN that the Town Council of the Town of Los Gatos has scheduled a public hearing for Monday, September 15, 1997, at 7:30 p.m. in the Council Chambers, Civic Center, 110 East Main Street, Los Gatos, to: (1) Consider appeal of a Planning Commission deci- sion revoking Conditional Use Permit U-93-14 for O'Shea's Pub & Grill. The Planning Commission has determined that the establishment has operat- ed in violation of the Conditional Use Permit. The Council can approve or deny the appeal and revoke or modifythe Conditional Use Permit. PROPERTY LOCATION: 258 Union Avenue. PROPERTY OWNER: Andrew J. and Harriet M. Unzen Trustee. APPEL- LANT: Stan Schwartz/0'Shea's Pub & Grill. (2) Consider the recom- mendations of the General Plan Committee, Architectural Standards Committee, and Planning Commission for the Los Gatos Boulevard Plan and Design Standards, Negative Declaration ND- 96-21. INITIATED BY: Town of Los Gatos If anyone wishes to chal- lenge these matters in court, they may be limited to raising only those issues they or anyone else raised in the public hearing described in this notice, or in written correspondence delivered to the Town Clerk at, or prior to, the public hearing. A complete record concern- ing these matters is on file for public inspection in the Office of the Town Clerk at 110 East Main Street, Los Gatos. INTERESTED PER- SONS are encouraged to appear and be heard at this public hearing. TOWN OF LOS GATOS /s/ Marian V. Cosgrove/ Town Clerk/ (Pub LG 9/3/97) PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly - Times, 245 Almendra Avenue, Los Gatos, California, 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27,1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: July 30 all in the year of 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: July 30. 1997 at an Jose, Caj}fo,rnia Tamar Teifeld Filing Stamp PROOF OF PUBLICATION PLANNING COMMISSION NOTICE OF PUBLIC HEARING DATE: WEDNESDAY - AUGUST 13,1997 TIME: 7:30 P.M. LOCATION: COUNCIL CHAM- BERS, 110 EAST MAIN STREET (1) 20 S. Santa Cruz Avenue - Project Application PRJ-97- 108 - Requesting approval of a Conditional Use Permit for installation of a Paging Communications Site on top of an existing building on property in the C-2 zone. PROPERTY OWNER: Park View village Associates APPLICANT: Pat Gaffney of Pagenet (*2) 1472 Pollard Road - Project Application PRJ-97-120 - Requesting approval of a Conditional Use Permit for an existing restaurant with the service of beer and wine with meals on property zoned C-1. PROPERTY OWNER: Rinconada Hills Investment Co. APPLICANT: Eugene Sylvia (Round Table Pizza) (3) 634 N. Santa Cruz Avenue a) Project Application PRJ-97- 040 - b) Negative Declaration ND-97-2 - Requesting Architectural and Site approval to demolish a pre-1941 residence to con- struct a new retail and office building on property zoned C- 1. If no significant environ- mental impacts are identified as a result of this project, a Negative Declaration will be recommended and an Environmental Impact Report will not be required. APPLICANT: Michael Shadman PROPERTY OWNER: Michael Shadman and Zohreh Mandavi (4) 181 La Montagne Court - Project Application PRJ-97-103 - Appeal of a decision of the Development Review Committee approving an Architecture and Site Application to construct a new single family residence in the R-1:12 zone. PROPERTY OWNER/APPLI- CANT: Dale M. Drumm APPELLANT: James and Elizabeth Terrell (5) Los Gatos Boulevard Plan and Design Standards - Negative Declaration ND-96- 21 - Consider the recommen- dations of the General Plan Committee and Architectural Standards Committee for the Los Gatos Boulevard Plan and Design Standards, and make a recommendation to the Town Council. A negative dec- laration has been prepared for the Los Gatos Boulevard Plan and an Environmental Impact Report will not be required. INITIATED BY: Town of Los Gatos Any item marked with an aster- isk (•) is on the consent cal - ender. The Planning Commission will act on all items on the consent calendar in one motion. Before the Commission acts on the con- sent calendar, any person wishing to have a consent item discussed may request that the Planning Commission remove it from the consent calendar and hear it in its nor- mal sequence. Requests for discussion made after action on the consent calendar can- not be considered. Information concerning the above applications, including the recommendations of the Development Review Committee, are on file in the Los Gatos Planning Department and the Town Library at 110 East Main Street. and are available for public inspection during regu- lar business hours. All per- sons interested in said appli- cations are encouraged to appear at the Public Hearing and be heard. If anyone wishes to challenge the action on the above appli- cations in court, they may be limited to raising only those issues they or anyone else raised at the Public Hearing described in this notice. or in written correspondence deliv- ered to the Planning Commission at, or prior to, the Public Hearing. TOWN OF LOS GATOS PLANNING COMMISSION /s/Lee E. Bowman, Secretary/ (Pub LG 7/30/97)