1997-009-Denying A Request For Architecture And Site Approval To Convert An Apartment To Retail Use On Property Zoned C-2RESOLUTION 1997 - 9
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
APPEAL OF PLANNING COMMISSION DECISION DENYING A REQUEST FOR
ARCHITECTURE AND SITE APPROVAL TO CONVERT AN APARTMENT TO RETAIL
USE ON PROPERTY ZONED C -2.
PROJECT APPLICATION PRJ -96 -113.
PROPERTY LOCATION: 112 1/2 NORTH SANTA CRUZ AVENUE.
PROPERTY OWNER/APPELLANTS: ELTON AND MARIA ARMSTRONG
[1jaBI7 W-R3
A. This matter came before the Council for public hearing on January 6, 1997, on an
appeal from a decision of the Planning Commission and was regularly noticed in conformance
with State and Town law. The Planning Commission considered the application November 13,
1996 and denied the applicant's request to convert an apartment to retail use on property zoned
C -2.
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
December 30, 1996 concerning this application.
C. This is an issue in which the Planning Commission did not have the discretion to
act because of the special considerations which are required in review of residential conversions,
which the Council wants to assure are narrowly applied.
D. Pursuant to Town Code section 29.20.155, the Council finds as follows:
(1) that amenities such as adequate light, air, privacy, open space, peace and quiet
necessary for a suitable living environment are not provided because the unit is located in the
middle of the downtown business section and that one must cross through a public parking lot in
order to reach it;
(2) the proposed conversion meets all the housing goals and plans as set forth in
the General Plan; and,
(3) any increased traffic will be served by making an additional space available in
the Town parking lot and eliminating a potential traffic safety issue.
E.. The Council further finds, in accordance with Town Code section 29.20.155(b)(1)
that this unit has not been used for residential purposes for over seven years.
F. The Council also determines, pursuant to section 29.20.155, that the original
character of the building will not be compromised by the conversion of the residential structure
and that landscaping is not an issue because the unit is located on the second floor and there is
existing landscaping in the downtown area.
G. The Council finds that the Architecture and Site approval will allow the Town to
provide one additional parking place in Parking Lot 4 because the Town no longer has a
requirement to provide vehicular access to the rear yard of the property.
RESOLVED:
The appeal of the decision of the Planning Commission on Project PRJ96 -113 is
granted with the conditions shown in Exhibit A.
2. This decision does not and shall not constitute any precedent for any other
conversion in the downtown, and 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.
3. The Planning Director is hereby directed to amend the table maintained pursuant
to Town Code section 29.10.150(f)(4) to add one additional credit to the property at 116 North
Santa Cruz Avenue (Parking Assessment District parcel number 76, APN number 529 -03 -040).
4. Applicants shall execute amendments to any outstanding agreements easements or
deeds that obligate the Town to provide continued vehicular access to the rear of th eproperty.
This 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 21st day of January, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin.
NAYS: None
ABSENT: None
ABSTAIN: None
-t r
SIGNED: �'
,'3vIAYOR OF THE TO I U LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:l f
CLERK OF THE TOWN OF L(OGATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
CONDITIONS OF APPROVAL
112 N. Santa Cruz Avenue
PRJ -96 -113
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
1. PERMITS REQUIRED. A building permit application shall be required for
each proposed structure. Separate Electrical /mechanical /Plumbing permit shall be required as
necessary.
2. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full
on the cover sheet of construction plan submitted for building permit.
3. SIZE OF PLANS. The maximum size of construction plans submitted for
building permits shall be 24 in. x 36 in.
4. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance
forms shall be blue lined on the construction plans.
5. PLANS. The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer. (Business an Professionals Code Section 5538).
6. TITLE 24 ACCESSIBILITY - COMMERCIAL. The building shall be
upgraded to comply with the latest California Title 24 Accessibility Standards for disabled.
Necessary work shall be first investigated by the design architect then confirmed by the Town
staff.
7. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard
Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part
of plan submittal. The specification sheet (size 24" x 36 ") is available at the Building
Department service counter.
8. APPROVALS REQUIRED. The Project requires approval from the Central
Fire District (378 -4015) before issuing a building permit.