1997-118-Denying An Architectural And Site Application, And Remanding To The Planning Commission For Further Consideration That Architectural And Site Application To Construct A New Retail And Office Building On Property Zoned C-1RESOLUTION 1997 - 118
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN
APPLICATION TO DEMOLISH A PRE -1941 RESIDENCE, AND DENYING APPEAL OF
DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURAL AND
SITE APPLICATION, AND REMANDING TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION THAT ARCHITECTURAL AND SITE APPLICATION TO
CONSTRUCT ANEW RETAIL AND OFFICE BUILDING ON PROPERTY ZONED C -1.
PROJECT APPLICATION: PRJ -97 -040
PROPERTY LOCATION: 634 N. SANTA CRUZ AVENUE
PROPERTY OWNER /APPLICANT /APPELLANT: MICHAEL SHADMAN
WHEREAS:
A. This matter came before the Council for public hearing on October 6, 1997, on an
appeal from a decision of the Planning Commission and was regularly noticed in conformance
with State and Town law.
B. The Planning Commission considered the application at a public hearing on August
13, 1997, which was continued to September 10, 1997 to allow the completion of a historical
report. The Planning Commission denied the demolition application based on the historical
significance of the existing house. The applicant was encouraged to incorporate the house into
the design of the project, but the applicant did not believe this to be a viable option and requested
action on the architectural and site application, which was denied by the Commission. The
applicant timely appealed these actions to the Town Council.
B. The Council received testimony and documentary evidence from the applicant and
property owners 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 packets attached to the Council Agenda Reports dated
September 29, 1997 concerning this application.
C. The applicant is requesting approval to construct a new 6,580 square foot two
story building for office and retail use on a 14,000 square foot lot. The project site is located at
634 North Santa Cruz Avenue, which is not in a historic district. A pre -1941 residence is
currently on the site. The applicant asserts that the residence must be demolished because: (1) it
would not be economically viable to incorporate into the project design; (2) there is no available
location to relocate it; (3) it does not conform to the general commercial character of the
neighborhood; (4) it is not historically significant; (5) it is structurally unsafe and hazardous.
D. Pursuant to subsection (b)(1) of section 29.20.300 of the Town Code of the Town
of Los Gatos, the Council finds that the Planning Commission erred in their decision as set forth
in the following recitals:
The Historical and Architectural Evaluation of 634 N. Santa Cruz Avenue
in the Town of Los Gatos, County of Santa Clara, completed by Archives and Architecture,
written by Glory Anne Laffey and Charlene Duval, dated September 4, 1997 ('Report"),
concluded as follows:
(a) The residence "does not appear to meet any of the criteria that
would make it eligible for the National Register of Historic Places" and, based on a rating of the
residence using Los Gatos Historical Resources Inventory Evaluation Criteria, "is not sufficient
for listing at the local level....
(b) "[T]he house does contribute to the historic feeling of the town
because of its age... [and i]f it were located in a historic neighborhood or district, the house
would be eligible for listing as a contributing structure."
(c) "A no project alternative would leave the residence in place. This
alternative is not justified, however, because of the limited architectural contribution of the
structure to the primary commercial streetscape."
(d) "Redesigning the project to integrate the building into the project
would provide for the preservation of the building, but would probably result in making the
project economically unviable. As with Alternative 1, the limited architectural value, the added
time and expense of redesign, and the added expense of stabilization and /or rehabilitation of the
structure does not justify consideration of the alternative."
2. Based on the conclusions in the Report, the residence is not historically
significant and the applicant should be permitted to demolish the residence.
architecture.
The residence is inconsistent with other neighborhood uses and
4. The residence is vacant and is not significant as housing stock.
The residence has little economic utility.
6. The current condition of the residence could pose a safety hazard.
E. With reference to the architectural and site approval, the Planning Commission
was correct in its determinations. The applicant is willing to continue working with the Town to
develop an approved design; therefore, the architectural and site approval application should be
returned to the Planning Commission for further consideration.
RESOLVED:
The appeal of the decision of the Planning Commission on Project PRJ -97 -040 is
granted in part regarding the demolition of a pre -1941 residence, and denied in part regarding the
application for architectural and site approval. The application for architectural and site approval
is remanded to the Planning Commission for further review.
This decision does not and shall not constitute any precedent for any other
demolition of a pre -1941 residence to construct a new retail and office building on property zoned
C -1. The Town shall continue to examine any such request on a specific site, design, and historic
use basis under the Town Code and Town policies.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedures 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 g of the Town Council of the Town of
Los Gatos, California held on the 20th day of October, 1997 by the following vote:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None `
SIGNED:
/MAYOR OF THE TOWN(O LOS GATOS
LOS GATOS, CALIFORNI
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA