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Item 27 Staff Report Consideration of Adoption of An Amendment to the Town Zoning Ordinance to Modify Section 5.20.230 Concerning Conditional Use Permit Modifications, Zoning Ordinance A-91-1TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: June 27, 1991 TO: MAYOR AND TOWN COU CIL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 7/1/91 ITEM NO. 63,7 CONSIDERATION OF ADOPTION OF AN AMENDMENT TO THE TOWN ZONING ORDINANCE TO MODIFY SECTIO 5.20.230 CONCERNING CONDITIONAL USE PERMIT MODIFICATIONS, ZONING(ORDINANCE A-91-9 RECOMMENDATION: This item should be removed from the calendar. BACKGROUND: This matter relates to the proposed changes in the Town Traffic Policy. The Planning Commission has not completed its study of the Traffic Policy and will be considering changes to the fee structure at its meeting of July 10, 1991. When the Planning Commission has completed its study of the Traffic Policy this matter will be readvertised and its proposal placed on the Council's agenda for consideration. In addition, this matter was advertised incorrectly as A-91-1; it should be A-91-3. PREPARED BY: LEB:cs pcmin03\cnclrpts\TC7-1.tref t_2JL LEE E. BOWMAN Planning Director 6/27/91 1:59 pm Reviewed by: Attorney Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: July 1, 1991 Los Gatos, California HEARINGS CONTINUED HILLTOP DRIVE CONT. Motion by Mr. Blanton, seconded by Mr. Carlson, to deny the appeal and uphold the Planning Commission decision to approve the application to replace the two existing redwood water storage tanks with the new steel water storage tank with the provision that Staff work closely with the Water Company and the neighbors to address the concerns that the neighbors have with regard to color and landscaping. Carried 3 ayes. Mrs. Benjamin voting no as previously stated. Mayor Ventura voting no as previously stated. AMENDMENT/TOWN ZONING ORDINANCE/MODIFY SECTION 5.20.230/CONDITIONAL USE PERMIT MODIFICATIONS/A-91-1 Staff recommended this matter be removed from the agenda. BASEBALL EARTHQUAKE FUND/RESTORATION/FEES/RESOLUTION 1991-145 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that the shoring at 21 North Santa Cruz Avenue be done by lien so that the earthquake monies are recovered. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to allocate seven hundred eighty dollars for Anne Bloomfield's historic consultant services. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to adopt Resolution 1991-145, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PAYMENT OF FEES FOR EARTHQUAKE REPAIR AND RECONSTRUCTION RESTORATION OR DEMOLITION APPLICATIONS. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to allocate the balance of the baseball earthquake funds to be used as grants and to be distributed in order of application between this date and December, 1991. If there is any shortfall in the baseball funding, the difference would be accommodated by the General Fund. Carried unanimously. WEST MAIN STREET 131/CONDITIONAL USE PERMIT/OFFICE TO RESIDENTIAL CONDOMINIUMS/RESOLUTION 1991-147 Motion by Mayor Ventura, seconded by Mr. Carlson, to adopt Resolution 1991-147, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING A CONDITIONAL USE PERMIT FOR A CHANGE OF USE ON THE SECOND FLOOR FROM OFFICE TO RESIDENTIAL CONDOMINIUMS IN AN EARTHQUAKE DAMAGED HISTORIC COMMERCIAL BUILDING IN THE C-2 LHP ZONE, CONDITIONAL USE PERMIT APPLICATION EU-9-9: AND REMANDING ARCHITECTURE AND SITE APPLICATION ES-90-23A TO THE EARTHOUAKE RESTORATION COMMITTEE with amendments to item "E" indicating that the Earthquake Restoration Committee would not have final authority and that the matter would require Council approval. The amendment would also include the understanding that the applicant would try to restore the 1902 facade. Carried unanimc 31y. TC: D1: MM070191 14 1 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 parry to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times 50 University Ave, Suite 12, Los Gatos CA, P.O. Box 339, Los Gatos CA 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose 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 non-parell), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, CO wit: all in the year of 19 t / I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this Filing Stamp PROOF OF PUiLICA/TION V7AJ7 TOWN OF LOS GATOS NOTICE OF PUBUC HEARING N0Th E IS HEREBY GIVEN that the Town Clerk of the Town of Los Gatos has scheduled a public hearing for Monday, July 1,1991, at7:30 p.m. in the Council Chambers, CMc Center,110 East Main Street, Los Gatos. The Public Hearing is to consider an amendment to the Town Zoning Ordinance to modify Section 5.20.230 concemingCondition- al Use Permit modifications. This matter will not have a significant impact on the environment and is, therefore, not subject to the require- ments of the Califomia Environmental Quality Act. Zoning Ordinance AmendmentA-91-1. A complete record concemingthis matteris on file for public inspection in the Office of the Town Clerk. INTERESTED PERSONS are encouraged to appear and be heard at this public hear- ing. /S1 MARIAN V. COSGROVE Clerk of the Town of Los Gatos Pub: 6/19/91 TOWN OF LOS GATOS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Clerk of the Town of Los Gatos has scheduled a public hearing for Monday, July 1, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, 110 East Main Street, Los Gatos. The Public Hearing is to consider an amendment to the Town Zoning Ordinance to modify Section 5.20.230 concerning Conditional Use Permit modifications. This matter will not have a significant impact on the environment and is, therefore, not subject to the requirements of the California Environmental Quality Act. Zoning Ordinance Amendment A-91-1. A complete record concerning this matter is on file for public inspection in the Office of the Town Clerk. INTERESTED PERSONS are encouraged to appear and be heard at this public hearing. /s/ MARIAN V. COSGROVE Clerk of the Town of Los Gatos Pub: 6/19/91 cc: Weekly Times Mercury News Chamber of Commerce Manager Planning Post: Library Town Board Distribution List