19 Staff Report - Amending Town Code Sections (2)TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: February 22, 1995
TO: MAYOR AND TOWN COUNCIL
1
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 3/6/95
ITEM NO. /
ADOPT ORDINANCE AMENDING SECTIONS 29.20.295 AND 29.20.300 OF THE TOWN
CODE TO REVISE THE STANDARD OF REVIEW TO BE USED BY THE TOWN
COUNCIL ON APPEALS OF PLANNING COMMISSION DETERMINATIONS
RECOMMENDATION:
1. Adopt the attached ordinance which incorporates the Council's finding and decision at its Town
Council meeting of February 21, 1995.
2. Instruct the Clerk to publish the ordinance not more than 15 days after adoption.
PREPARED BY: LARRY E. ANDERSON
Town Attorney
LEAyfg Revised: 2/22/95 9:44 am
C:\WPFILES\CNCLRPTS\PCREV2.TCR
Attachments: Attachment 1 - Ordinance
Distribution: Planning Commission
Reviewed by: IJL- Manager Clerk Finance reasurer
COUNCIL ACTION/ACTION DIRECTED TO:
Published Date: 2/15/95
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 29.20.295 AND 29.20.300 OF THE TOWN CODE
TO REVISE THE STANDARD OF REVIEW TO BE USED BY THE TOWN
COUNCIL ON APPEALS OF PLANNING COMMISSION DETERMINATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.20.295 is amended to read as follows:
Sec. 29.20.295. Council hearing.
When hearing the appeal, the Council shall consider the record and such additional
evidence as may be offered by anyone and may affirm, modify or reverse, in whole or in part, the
determination appealed from, or make and substitute such other determination as is warranted, or
may remand to the Planning Commission for further review and determination. The appellant
bears the burden of proof before the Council in proving that one or more of the reasons specified
in Section 29.20.300 exist on the appeal for reversing or modifying the Commission
determination. The standards of this chapter governing the discretion of the reviewing body
shall apply with equal effect to actions of the Council.
SECTION II
Section 29.20.300 is amended to read as follows:
Sec. 29.20.300. Decision.
(a) Any decision of the Council modifying, in whole or in part, the order, requirement,
decision, determination, interpretation, or ruling appealed from, or making and substituting
another decision or determination, requires the concurrence of a majority of the membership of
the Council.
(b) If the Council decides to modify or reverse the decision of the Planning Commission
on any appeal, the resolution shall specify one or more of the following:
(1) Where there was error or abuse of discretion on the part of the Planning
Commission; or
(2) The new information that was submitted to the Council during the appeal process
that was not readily and reasonably available for submission to the Commission;
or
(3) An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
(c) If the only or predominant reason for modifying or reversing the decision of the
Planning Commission is the availability of new information as defined in Subsection (b)(2)
above, it is the policy of the Town that the application will be returned to the Commission for
review in light of the new information unless the new information has a minimal effect on the
application.
(d) The decision of the Council upon the appeal will be expressed by a written
resolution. The Council will forthwith transmit copies of the resolution to the original applicant,
the appellant, and the Planning Commission.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\COMMREV WORD
2
. This
ACTION
ENDA I
INTERNAL TRACKING
3MPLETE AND INITIAL EACH . EP
;L-2/,e,A51-/-
L
06-fli PL1
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DAM
LIST IN BOOK 2d /
/6:AA" c/f/X•/„7-4,v1,/` g ,/,'",<;'-
ON DISC? MARIAN'S FORM SENT TO DEPT.
d1
PUBLISH IF REQUIRED • L
SUMMARY Y/N i 22,
DATE of Publication. . ��i -r�9'-
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
3/V
,
,
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES: TP tr /
=
TYPE ENVELOPES AND MAIL •
SIGN BY CLERK/SEAL
'
`a
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE!
r
��
I, �
Y
��'
1
clk:forms\ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
ATTORNEY
03/06/95
19
PLANNING COMMISSION DETERMINATIONS
PUBLISH FULL ORDINANCE
RESOLUTION ORDINANCE
Number: Number: /99 Ca0
Date of Adopt:
Date of Intro: 02/21/95
Date of Adopt: 03/06/95
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
ORDINANCE 1996
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 29.20.295 AND 29.20.300 OF THE TOWN CODE
TO REVISE THE STANDARD OF REVIEW TO BE USED BY THE TOWN
COUNCIL ON APPEALS OF PLANNING COMMISSION DETERMINATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Section 29.20.295 is amended to read as follows:
Sec. 29.20.295. Council hearing.
When hearing the appeal, the Council shall consider the record and such
additional evidence as may be offered by anyone and may affirm, modify or reverse, in
whole or in part, the determination appealed from, or make and substitute such other
determination as is warranted, or may remand to the Planning Commission for further
review and determination. The appellant bears the burden of proof before the Council
in proving that one or more of the reasons specified in Section 29.20.300 exist on the
appeal for reversing or modifying the Commission determination. The standards of this
chapter governing the discretion of the reviewing body shall apply with equal effect to
actions of the Council.
SECTION II
Section 29.20.300 is amended to read as follows:
Sec. 29.20.300. Decision.
(a) Any decision of the Council modifying, in whole or in part, the order,
requirement, decision, determination, interpretation, or ruling appealed from, or making
and substituting another decision or determination, requires the concurrence of a
majority of the membership of the Council.
(b) If the Council decides to modify or reverse the decision of the Planning
Commission on any appeal, the resolution shall specify one or more of the following:
(1) Where there was error or abuse of discretion on the part of the Planning
Commission; or
(2) The new information that was submitted to the Council during the appeal
process that was not readily and reasonably available for submission to the
Commission; or
(3) An issue or policy over which the Commission did not have discretion to
modify or address, but which is vested in the Council for modification or
decision.
(c) If the only or predominant reason for modifying or reversing the decision of
the Planning Commission is the availability of new information as defined in Subsection
(b)(2) above, it is the policy of the Town that the application will be returned to the
Commission for review in light of the new information unless the new information has a
minimal effect on the application.
(d) The decision of the Council upon the appeal will be expressed by a written
resolution. The Council will forthwith transmit copies of the resolution to the original
applicant, the appellant, and the Planning Commission.
N:\SHARE AT030695.R19 2
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on February 21, 1995 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on March 6, 1995. This ordinance takes effect thirty (30) days after
it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
EB 21'95 17:52 FR WENDEL ROSEN BLACK 5108341928 TO
r
WENDEL, ROSEN, BLACK & DEAN
ATTORNEYS AT LAw
1111 BROADWAY
TWENTY-FOURTH FLOOR
OAKLAND, CALIFORNIA 94612
Voice (510) 834-6600
Fax (510) 834-1928
J
P.01
U c - 1 ck��
1 e� / 41
S
)
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PROTECTED BY TIIE ATTORNEY -CLIENT AND/OR
THE ATTORNEY/WORK PRODUCT PRIVILEGES. IT IS UNTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED BELOW,
AND THE PRIVILEGES ARE NOT WANED BY VIRTUE OF THIS HAVING BEEN SENT BY FACSIMILE IF THE PERSON
ACTUALLY RECEIWNG THIS FACSIMILE OR ANY OTHER READER OF THE FACSIMILE is NOT THE NAMED RECIPIENT. OR
HIS OR HER AGENT, ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING Or THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEVLATEL Y NOTIFY US BY
TELEPHONE, AND RETURN THE ORIGINAL MEssAGE TO US AT THE ABOVE ADDREss WA THE as, POSTAL SERVICE
THANK YOU.
PLEASE DELIVER
THE FOLLOWING
PAGES TO:
FIRM:
FAX NUMBER:
VOICE NUMBER:
CLIENT CODE:
FROM:
DATE & TIME:
NUMBER OF PAGES
including this sheet:
MESSAGE:
Marian V. Cosgrove, Town Clerk
Town of Los Gatos
(408)354-8431
(408)354-6834
0009001 (Cooperstein/Amici's)
David L. Preiss
r
February 21, 1995 7 - .m.
5-
0009001\180536.1
FEB 21'95 17:52 FR WENDEL ROSEN BLACK
5106341928 TO P.02
WENDEL
ROSEN
BLACK
C, DEAN
Attorneys at Law
February 21, 1995
VIA FACSIMILE - ORIGINAL TO FOLLOW
Town Council
Town of Los Gatos
Civic Center
110 E. Main Street
Los Gatos, CA 95031
1111 Broadway
Twenty -Fourth Floor
Oakland, California 94607
Plcaae Reply To:
Poe Off Box 2047
Oakland, Cafo:nia 94604-2047
Telepbooe: (510) 834-6600
Fax: (510) 834-1928
Re: Peter Cooperstein - Conditional Use Permit
Application for Amici's East Coast Pizzeria
355 N. Santa Cruz Avenue, Los, Gatos, California
February 21, 1994, Town Council Meeting- Agenda Item l9
Hon. Mayor O'Laughlin and Councilmembers:
This office has just been retained to represent Mr.
Cooperstein, applicant in the above -referenced matter.
It is our understanding that the adoption of a resolution in
this matter has been set as a consent item on your agenda for
tonight's meeting. On behalf of Mr. Cooperstein, we hereby
request that this matter be taken off your consent calendar and
that this matter be continued to your next regularly scheduled
meeting.
Applicant believes that there has been inadequate time to
review the proposed resolution and findings, which applicant only
recently received, and many of which appear inconsistent with the
facts adduced during the administrative proceedings to date.
Applicant further believes that the attached letter from
Mr. Cooperstein's counsel, dated February 13, 1995, constitutes a
valid and timely request to the entire Council to reconsider this
matter based upon the items addressed therein, and that this
matter should be reconsidered by the Council before any final
action is taken.
In making this request, applicant respectfully reserves and
does not waive any rights or remedies applicant may have with
0009001\180488.1
FEB 21'95 17:52 FR WENDEL ROSEN BLACK
5108341928 TO P.03
Town Council
February 21, 1995
Page 2
WENDEL, ROSEN, BLACK & DEAN
respect to this matter, including but limited to any challenge to
any denial by the Town of applicant's permit application.
Thank you in advance for your consideration.
Very truly yours,
i!;70"z//
David L. Preiss
DEL, ROSEN BLA & DEAN
DLP:rag
Enclosure
cc: Marian V. Cosgrove, Town Clerk
Larry Anderson, Town Attorney
0009001\180488.1
FEB 21'95 17:52 FR WENDEL ROSEN BLACK
5108341928 TO P.04
M IG*4AD- J. KAu-JS
SusAN E. Com.'
KA.LLJS & COHN
ATTORNEYS AT LAW
63 roar FOURTP4 AVENUE
SAX MdTBo, GaL18ORNIa 94401
February.13, 1995
T¢FP„oN[ (41s) 34a0102
"ItFA7c9w4ILE (415) 340S713
The Honorable Patrick O'Laughlin
Mayor of Los Gatos
54 Chestnut Avenue
Los Gatos, CA 95030
RE: Peter Cooperstein - Conditional Use Permit
Application for Amici's East Coast Pizzeria
335 N. Santa Cruz Avenue, Los Gatos, California
Dear Mayor O'Laughlin:
This office represents Mr. Peter Cooperstein and
Amici's East Coast Pizzeria. We are writing concerning the
conditional use permit application which Mr. Cooperstein
submitted to operate an Amici's restaurant at 335 N. Santa
Cruz Avenue, Los Gatos, California. This letter is a
request that the Town Council reconsider its February 6th
vote denying Mr. Cooperstein's application.
As you know, the Planning Commission's decision to deny
the application was upheld on appeal by a 2-2 tie Town
Council vote. You disqualified yourself from voting due to
what you understood at the time to be a conflict of
interest. The conflict arose, you believed, from the fact
that a business group of which you were a member had
submitted a "back-up" offer on the subject property.
unfortunately, your failure to participate had the same
effect as a vote against Mr. Cooperstein's application since
he needed the affirmative vote of three council members for
the application to be granted.
Although you were not aware of it the night of the
hearing, there was no conflict because Mr. Cooperstein's
escrow had closed the morning of the day of the .hearing,
before the time of the vote. Furthermore, Mr. Cooperstein's
real estate broker, Shirley Laufer, has been informed that
your real estate group is no longer interested in the
property. Consequently, you would be able to cast the
deciding vote, one way or the other, if this issue were to
be reconsidered.
DEB 21'95 17:49 FR WENDEL ROSEN BLACK
5108341928 TO
P.01
r
t_
WENDEL, ROSEN, BLACK & DEAN
ATTORNEYS AT LAW
1111 8ROADWAY
TWENTY-FOURTH FLOOR
OAKLANO, CALIFORNIA 94612
1
Voice (510) 834-6600
Fax (510) 834-1928
1
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PROTECTED SY THE ATTORNEY -CLIENT AND/OR
THE ATTORNEY/WORK PRODUCT PRIVILEGES, IT AS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED BELOW,
AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY FACSIMILE IF THE PERSON
ACTUALLY RECEIVING THIS FACSIMILE OR ANY OTHER READER OF THE FACSIMILE IS NOT THE NAMED RECIPIENT, OR
HAS OR HER AGENT, ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION Is sTRICTLY
PROHIBITED. IF YOU HAVE RECENED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY
TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.
THANK YOU.
PLEASE DELIVER
THE FOLLOWING
PAGES TO: Hon. Mayor O'Laughlin
FIRM: Town of Los Gatos
FAX NUMBER: (408)354-8431
VOICE NUMBER: (408)354-6834
CLIENT CODE: 0009001 (Cooperstein/Amici's)
FROM: David L. Preiss
DATE & TIME: February 21, 1995 -`r .m.
NUMBER OF PAGES
including this sheet: 3
MESSAGE:
0009001\1130535.1
FEB 21'95 17:49 FR WENDEL ROSEN BLACK 5108341928 TO
P.02
WENDEL
ROSEN
BLACK
CB,DFAN
Attorneys at Law
February 21, 1995
VIA FACSIMILE - ORIGINAL TO FOLLOW
1111 Broadway
Twenty-Feiuth Floor
Oakland, California 94607
Please Reply To:
Post Office Box 2047
Oakland, California 94604-2047
Telephone: (510) 834-6600
Fax: (510) 834-1928
Town Council
Town of Los Gatos
Civic Center
110 E. Main Street
Los Gatos, CA 95031
Re: Peter Cooperstein - Conditional Use Permit
Application for Amici's East Coast Pizzeria
355 N. Santa Cruz Avenue, Los, Gatos, California
February 21, 1994, Town Council Meeting- Agenda Item 19
Hon. Mayor O'Laughlin and Councilmembers:
This office has just been retained to represent Mr.
Cooperstein, applicant in the above -referenced matter.
It is our understanding that the adoption of a resolution in
this matter has been set as a consent item on your agenda for
tonight's meeting. On behalf of Mr. Cooperstein, we hereby
request that this matter be taken off your consent calendar and
that this matter be continued to your next regularly scheduled
meeting.
Applicant believes that there has been inadequate time to
review the proposed resolution and findings, which applicant only
recently received, and many of which appear inconsistent with the
facts adduced during the administrative proceedings to date.
Applicant further believes that the attached letter from
Mr. Cooperstein's counsel, dated February 13, 1995, constitutes a
valid and timely request to the entire Council to reconsider this
matter based upon the items addressed therein, and that this
matter should be reconsidered by the Council before any final
action is taken.
In making this request, applicant respectfully reserves and
does not waive any rights or remedies applicant may have with
0009001\180488.1
FEB 21'95 17:49 FR WENDEL ROSEN BLACK 5108341928 TO
P.03
Town Council
February 21, 1995
Page 2
WENDEL, ROSEN, BLACK & DEAN
respect to this matter, including but limited to any challenge to
any denial by the Town of applicant's permit application.
Thank you in advance for your consideration.
Very truly yours,
z%;..537 ---e-0,-.__
David L. Preiss
DEL, ROSEN BLAP 9 & DEAN
DLP:rag
Enclosure
cc: Marian V. Cosgrove, Town Clerk
Larry Anderson, Town Attorney
0009001\180468.1
FEB 21'95 17:49 FR 1JENDEL ROSEN BLACK
5108341928 T
P.04
SJSAN E. Corm
K&LLIS & COILS
ATTORNEYS AT LAW
63 EAsr FouRn4 AVENue
SAN MAT$O. U&i�o$xtA, 94401
February 13, 1995
T*.evf+ont (4 tE) 340.0102
: FA? 44LE (415) 340-87I3
The Honorable Patrick O'Laughlin
Mayor of Los Gatos
54 Chestnut Avenue
Los Gatos, CA 95030
RE: Peter Cooperstein - Conditional Use Permit
Application for Amici's East Coast Pizzeria
335 N. Santa Cruz Avenue, Los Gatos, California
Dear Mayor O'Laughlin:
This office represents Mr. Peter Cooperstein and
Amici's East Coast Pizzeria. We are writing concerning the
conditional use permit application which Mr. Cooperstein
submitted to operate an Amici's restaurant at 335 N. Santa
Cruz Avenue, Los Gatos, California. This letter is a
request that the Town Council reconsider its February 6th
vote denying Mr. Cooperstein's application.
As you know, the Planning Commission's decision to deny
the application was upheld on appeal by a 2-2 tie Town
Council vote. You disqualified yourself from voting due to
what you understood at the time to be a conflict of
interest. The conflict arose, you believed, from the fact
that a business group of which you were a member had
submitted a "back-up" offer on the subject property.
Unfortunately, your failure to participate had the same
effect as a vote against Mr. Cooperstein's application since
he needed the affirmative vote of three council members for
the application to be granted.
Although you were not aware of it the night of the
hearing, there was no conflict because Mr. Cooperstein's
escrow had closed the morning of the day of the hearing,
before the time of the vote. Furthermore, Mr. Cooperstein's
real estate broker, Shirley Laufer, has been informed that
your real estate group is no longer interested in the
property. Consequently, you would be able to cast the
deciding vote, one way or the other, if this issue were to
be reconsidered.
FEB 21'95 17:52 FR WENDEL ROSEN BLACK
5108341928 TO
P.05
The Honorable Patrick O'Laughlin
February 13, 1995
Page Two
Mr. Cooperstein is very much interested in bringing a
first-class business to downtown Los Gatos. We hope that
when you have reviewed the circumstances of this case that
you will agree to reconsider Mr. Cooperstein's application
and cast the deciding vote to break the deadlock of the Town
Council on this issue.
I will call you before the end of the week to discuss
this matter further. Thank you for your consideration of
this request.
Very u1y yours,
KALL
M CHAEL J. ICALLI S
MJK:cr
cc: Peter Cooperstein
Larry Anderson, Town Attorney
David Knapp, Town Manager
Hon. Randy Attaway
Hon. Joanne Benjamin
Hon. Steven Blanton
Hon. Linda Lubeck
** TOTAL PAGE.005 **
March 6, 1995
Los Gatos, California
PUBLIC WORKS INSPECTION/CAMPBELL CITY CONTRACT/RESOLUTION 1995-34 (17.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-34
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MANAGER
TO ENTER INTO AN AGREEMENT PROVIDING CONTRACT PUBLIC WORKS
INSPECTION FOR THE CITY OF CAMPBELL. Carried unanimously.
NEWSRACK REGULATIONS/PUBLIC RIGHT-OF-WAY/ORDINANCE 1995 (18.05)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1995 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 OF THE TOWN
CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO THE PUBLIC
RIGHT-OF-WAY. Carried unanimously.
PLANNING COMMISSION DECISIONS/REVIEW STANDARD/ORDINANCE 1996 (19.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1996 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.20.295 AND
29.20.300 OF THE TOWN CODE TO REVISE THE STANDARD OF REVIEW TO BE USED
BY THE TOWN COUNCIL ON APPEALS OF PLANNING COMMISSION
DETERMINATIONS. Carried unanimously.
HEARINGS
BELLA VISTA AVE 337/SINGLE-FAMILY RESIDENTIAL/APPEAL (20.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to
consider an appeal of a Planning Commission decision to deny a request for a General Plan
amendment to modify the vehicular traffic trip allocation from the Alberto Way Basin Area and
a Zone Change from R-1:8000 (Single-family residential, 8,000 sq. ft. minimum lot size) to R-
M:5-12-PD (multiple -family residential, 5-12 dwelling units per net acre -planned development)
to permit the construction of eight detached single-family residential structures on approximately
1.4 acres of property. Negative Declaration Application ND-92-1. General Plan Amendment
Application GP-92-6. Zone Change Application Z-92-6. Applicant, Bella Vista Gardens,
Richard Belding, Paragon Design Group. Appellant, Gary Mountain. Property Located at 337
Bella Vista Ave.
The following person spoke to this issue regarding a continuance for several weeks for technical
reasons:
Paul Derania, Counsel for the Bella Vista Partnership, addressed three issue: should the appeal
be granted or denied; should a refund be given; should the denial be with or without prejudice.
The following people spoke against this development. The majority of the speakers were
residents and owners of units in the Pueblo de Los Gatos development.
Richard Belding, 420 Alberto Way #32, spoke for the Homeowners Association,
Sam Polverino, 420 Alberto Way #13,
David Jones, 420 Alberto Way #52,
N. J. Carlson, 443 Alberto Way #224 B, Los Gatos Commons representative,
Rick Melzig, 340 Bella Vista Ave.,
TC: D7: MM030695
4