1985-110-Granting Appeal From The Planning Commission Decision Approving Demolition Of An Existing Structure In The R-1D ZoneRESOLUTION NO. 1985-110
RESOLUTION GRANTING APPEAL FROM THE PLANNING COMMISSION
DECISION APPROVING DEMOLITION OF AN EXISTING STRUCTURE
IN THE R-1D ZONE
(367 Los Gatos Boulevard--National Benevolent
Association Health Services Corporation -
Thrash House)
1911121as
1. Kathryn Morgan has appealed a decision of the Planning Commission
as follows: approval of Architecture and Site Application S-80-106A to
demolish an existing structure in the R-1D Zone at 367 Los Gatos
Boulevard; and
2. A public hearing was scheduled for May 6, 1985, continued to June
3, 1985 at the request of the property owner, and continued to July 1,
1985 at the request of the appellant, on which date a public hearing was
held by the Town Council.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred
in not considering Sections 8.4.6 and 8.5.6 of the Town General Plan
relating to historic preservation.
a. The applicable policies of the historic preservation
element in the General Plan, provided in Section 8.4.6, include the
following:
(1) Actively designate as historical landmarks those
structures, sites, and areas that played important roles
in local, state, or national history, or that are unique
for their architectural styles of the past.
(2) Encourage developers to use historic buildings in the
project and if it is not possible then donate historical
structures threatened by demolition so that they might be
moved to historic or other appropriate sites.
(3) Encourage residential, commercial and public uses of
historic structures as a means to better preserve them.
(4) Promote the rehabilitation of hazardous structures of
historical significance, consistent with the policies of the
Safety Element in conformance with the Historic Building
Code.
(5) Require that all public or private projects give full
consideration to any affected historical landmarks and
features on or off site which will be adversely affected if
the project is implemented.
(6) Encourage the preservation and restoration of historic
sites, historic or architecturally desirable structures and
development of exceptional scenic beauty.
b. The applicable implementation measures of the historic
preservation element in the General Plan, provided in Section 8.5.6,
include the following:
(1) The provisions for protection and designation of
historic sites in the Zoning Ordinance shall continue
to be utilized. Any structural changes to a historic
building shall follow the Historic Building Code.
(2) Any development having potential adverse impacts on
historical sites and/or features on or off site shall be
required through plan approval to:
(a) Accommodate the historical structure, or
(b) Mitigate potential adverse impacts to a
level acceptable to the Town, or
(c) As a last resort, to relocate the histor-
ical feature to an appropriate site.
(3) Encourage developers to utilize historic structures
and if not feasible encourage their donation to the Town.
2. The Town Council further finds that the Planning Commission erred
by failing to consider the following:
a. The preservation of an historic resource to preserve the
streetscape on Los Gatos Boulevard;
b. An historically designated structure in the Town has never
been allowed to be destroyed; and
c. The entire project for the site at 367 Los Gatos Boulevard,
including any replacement structure.
3. Based on the foregoing findings, the appeal is hereby granted,
Architecture and Site Application S-80-106A is hereby denied, and a
demolition permit may not be issued.
-2-
Pursuant to Los Gatos Town Code Section 1-15, the time for seeking
judicial review for the Town Council decision is governed by California
Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 15th day of 1985 by the
following vote:
AYES: COUNCILMEMBERS Eric D. Carlson., Terrence
J. Dailv, Brent N. Ventura, and Mayor
Joanne BenJamin
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Thomas J. Ferrito
SIGNED: Z-7,-
V
MAYOR OF THE TOWN OF LOS;; GUOS -
ATTEST:
DEPUTY CLERK UF [HE 10 " LOS GATE
-3-