1996-044-Deny A Request For Approval Of A Planned Development Application To Change An Existing Zone On 1.3 Acres Of Property From R-1:8000 To R-M:5-12:PDRESOLUTION 1996 - 44
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR
APPROVAL OF A PLANNED DEVELOPMENT APPLICATION TO CHANGE AN
EXISTING ZONE ON 1.3 ACRES OF PROPERTY FROM R- 1:8000 (SINGLE FAMILY
RESIDENTIAL) TO R- M:5 -12:PD (MULTIPLE FAMILY RESIDENTIAL, 5 -12
DWELLING UNITS PER NET ACRE, PLANNED DEVELOPMENT), TO DEMOLISH
AN EXISTING SINGLE FAMILY RESIDENCE, AND TO CONSTRUCT NEW SINGLE
FAMILY RESIDENCES AS SPECIFIED IN THE ACCOMPANYING PLANNED
DEVELOPMENT ORDINANCE
NEGATIVE DECLARATION APPLICATION ND -94 -5
ZONE CHANGE APPLICATION Z -94 -3
(PROPERTY ADDRESS: 17050 ROBERTS ROAD
PROPERTY OWNERS: MARJORIE NEAL, FRANK NICKSON,
AND JANICE RAMATICI
APPLICANT AND APPELLANT: SANTA CLARA DEVELOPMENT CO.)
WHEREAS:
A. This matter came before the Council for public hearing on February 5, 1996, on
an appeal by the applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law, and the matter was continued to April 1, 1996, to allow
the Applicant the opportunity to revise the plans in response to the Council's preliminary decision
on February 5.
B. The Council has 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 packet attached to the Council Agenda Reports dated January
26 and March 22, 1996, concerning this application.
C. The Applicant has provided a redesign of the proposed subdivision that was not
readily and reasonably available to the Planning Commission that addresses many of the concerns
raised by the Commission.
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D. The Negative Declaration adequately discloses the proposed project and correctly
finds that there is no possibility of significant environmental effects or that the Applicant has
mitigated any potential significant environmental effects.
E. The proposed zone change is consistent with the Town General Plan and
particularly the Land Use Element, because:
1. The current land use designation is for medium density residential, and the
proposed zone change will accomplish this, and this designation specifically
addresses areas such as this where lower density multiple residential and
more traditional single family can exist in harmony, which is present in this
neighborhood.
2. The change helps to meet the Housing Element's goals of providing a wide
range of housing as well as meeting the goal of encouraging housing for
families with children near schools and parks.
F. The proposed project will provide community benefit as defined in the Town
Traffic Policy and Development Policy for In -fill Projects, in that it will:
1. In addition to the findings under Paragraph E above, fill a niche by
providing needed family housing near schools and parks.
2. Provide repair and replacement of an important retaining wall along
Blossom Hill Road, and provide improved pedestrian facilities along
Blossom Hill Road.
3. Not have traffic that will adversely affect the corner of Roberts Road and
Blossom Hill Road or other streets in the area.
G. As to the proposed demolition of an existing residential structure:
1. The demolition will not diminish the Town's housing stock because 7
residences will replace the one lost.
2. The Historic Preservation Committee concurred that the building to be
demolished is not historically or architecturally significant.
3. There is little or no economic utility remaining in the building to be
demolished.
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H. The proposed planned development ordinance to be adopted concurrently with this
resolution addresses the concerns of the Council and appropriately reduces the number of units
and design, and this resolution is being adopted only because of the concurrent ordinance.
RESOLVED:
The appeal of the decision of the Planning Commission on Negative Declaration ND -94 -5
and Zone Change Application Z -94 -3 is granted insofar as the ordinance allowing the zone change
that is being adopted concurrently with this resolution provides and so long as that ordinance
becomes effective in its adopted form, and the Negative Declaration is approved.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15th day of April, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF tOWN1 LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
��`�r
CLERK OF THE TOWN OF LOS�GATOS
LOS GATOS, CALIFORNIA
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