1998-115-Approving Architecture And Site Application For The Demolition Of An Existing Education And Residential Building, Construction Of A New Education, Ministry And Multi-Purpose GymRESOLUTION 1998 - 115
ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING AN ARCHITECTURE AND SITE APPLICATION FOR THE DEMOLITION OF AN
EXISTING EDUCATION AND RESIDENTIAL BUILDING, CONSTRUCTION OF A NEW
EDUCATION, MINISTRY AND MULTI- PURPOSE GYMNASIUM BUILDING, REMODELING
EXISTING FACILITIES, AND EXPANSION OF THE PARKING LOT ON PROPERTY IN THE R -1:8
ZONE.
PROJECT APPLICATION: PRJ -97 -156
PROPERTY LOCATION: 16330 LOS GATOS BOULEVARD
APPLICANT/PROPERTY OWNER: CALVARY CHURCH / STEVE TORRES
APPELLANT: JAMES G. LOWE
WHEREAS:
A. This matter came before the Council for public hearing on July 6, 1998, on an appeal by James
G. Lowe from a decision of the Planning Commission and was regularly noticed in conformance with State
and Town law.
B. The Council received testimony and documentary evidence from the applicant and all interested
persons who wished to testify or submit documents. The Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material contained
in the Council Agenda Report dated July 1, 1998, concerning this application.
C. On May 13, 1998 the Planning Commission made the required findings and approved the
application subject to conditions.
D. Appellant is appealing the Planning Commission's decision because of the belief that the project
was approved prior to the applicant meeting all conditions as established in Resolution 1991 -174 and further
that the applicant was not required to meet the accessibility requirements of Title 24 of the California
Administrative Code.
E. The conditions of Resolution 1991 -174, the Town's Traffic Policy, were met when a traffic
study was prepared in conjunction with the original application for a conditional use permit for a master site
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plan on June 28, 1995. The study analyzed access and internal circulation, average daily traffic, am and pm
peak hour trip generation, and accident history in the vicinity of the church. The accessibility requirements of
Title 24 of the California Administrative Code are considered by the Town at the time a building permit is filed
for the project, which has been conditioned to meet these requirements. A building permit will not be issued
until the requirements of Title 24 are met.
denied.
F. The Planning Commission decision was correct.
MWI R X1I
The appeal of the decision of the Planning Commission on Project PRJ -97 -156 is therefore
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los Gatos. Any application
for judicial relief from this decision must be sought within the time limits and pursuant to the procedures
established by Code of Civil Procedure section 1094.6, or such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 20th day of July, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: Joanne Benjamin
SIGNED:
EST: rr
CLERK OF THE TOWN OF LOSS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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