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1986-046-Denial Of Architecture And Site Application And Variance Application Requesting Approval Of Plans To Convert An Existing Single Family Residence Into Office Use And Variance To Modify Development Standards On Property In The Office ZoneRESOLUTION NO. 1986-46 RESOLUTION DENYING THE APPEAL OF PLANNING COMMISSION DENIAL OF ARCHITECTURE AND SITE APPLICATION AND VARIANCE APPLICATION REQUESTING APPROVAL OF PLANS TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE INTO OFFICE USE AND VARIANCE TO MODIFY DEVELOPMENT STANDARDS ON PROPERTY IN THE (0)OFFICE ZONE (30 Broadway -- Joseph and Dina White) WHEREAS: 1. Joseph A. White has appealed a decision of the Planning, Commission as follows: denial of Architecture and Site Application S-85-38 requesting approval of plans to convert an existing single family residence into office use and Variance Application V-85-6 to modify development standards on property in the (0)Office Zone located at 30 Broadway and owned by Joseph and Dina White. 2. A public hearing was held on March 3, 1986. IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the Planning Commission erred in denying the application to the extent that such denial was based on the proposed office use. The Council finds that the property is zoned, O-LHP (Office, Landmark and Historical Preservation Overlay Zone) and an office use is allowed. 2. The Town Council further finds at the de novo hearing that the amount of proposed office space is too intense for the historic neighborhood when reviewed against the standards in Zoning Ordinance 4.86,180(2) governing the applications relating to property in the Landmark and Historical Preservation Overlay Zone in that the traffic generation, parking and site plans of the proposal will adversely affect the relationship of the property in terms of harmony and appropriateness with its surroundings and will adversely affect the character of the district based on the existence of an adjacent residence and its location within the Broadway Historic District; 3. The Town Council further finds that it would he possible for applicants to develop an office use if the applicants were willing to limit the intensity of use and adequately protect the adjacent properties, 4. The Town Council further finds that the proposed development is not consistent with the following policies of the Downtown Specific Plan: 11. Land Use Pa 1� icles Commercial activity in downtown Los Gatos shall be encouraged in existing commercial areas and prohibited from existing residential areas. 2. Strong boundaries between the CBD and adjacent residential neighborhoods shall be established and maintained. 4. New commercial activities shall meet c onm u n i ty acceptable standards concerning traffic, parking, and design. New commercial activity includes: 0 Development on existing vacant parcels, 0 Redevelopment or intensification (additional development) of use on existing developed properties, 0 Expansion of existing buildings, and 0 Reconstruction of existing buildings which are destroyed. 5. The different functions, land use patterns, and use mixes of commercial areas within the downtown shall be recognized and encouraged. This includes: 0 The pedestrian scale, specialty shopping orientation of the CBD. 0 The convenience shopping land use pattern of areas north of Saratoga Avenue to about Andrews, and 0 The service commercial activities along Santa Cruz and University Avenues between Andrews, Roberts, and Blossom pill. 6. Due to the existing physical constraints of downtown streets (i.e. the inability to widen the two lane roads) future intensification of use and new developments shall be keyed to the traffic carrying capacities of the streets and intersections in the Downtown. The traffic in the downtown area has reached a level so that little more can be tolerated without some improvements in the street capacity. The alternatives for changes in the street capacity are limited, consequently the potential for further development is also limited. 7. Conversion of residential structures to commercial shall be prohibited. 9. Mixed uses to encourage residential opportunities in commercial zones shall be encouraged. 10. If the traffic capacities are improved, additional housing shall have priority over additional commercial or office developments. 11. Existing residential uses will be recognized. -2- V. Circulation and Transportation Policies 1. Appropriate traffic controls shall be developed and implemented to protect downtown residential neighborhoods from the impacts of through traffic in terms of safety, speeding, noise, and other disturbances. 3. The use of alternative transportation modes (walking, bicycles, transit, "People Mover" or Shuttle System), in the downtown area shall be encouraged for environmental, energy-saving and circulation purposes. VI, Community Design T761 i cies 2. Establish and maintain strong boundaries between the downtown commercial area and adjacent residential neighborhoods. In addition, the Town Council finds that this proposal is not consistent with the General Plan Land Use Policies: a. General Plan (Adopted February 4, 1985) Section 2.0 Land Use Element 2.4 Policies 2. Light industrial and office - professional development will be restricted to areas which are not suitable for residential development. Existing residential areas will be protected from pressures for office development. 8. In those areas with traffic problems conversion from residential to nonresidential uses shall be limited. 9. The Town shall protect existing residential area by assuring that buffers are developed and maintained between them and other types of areas. Buffers shall consist of landscaping, sound barriers, and other design attributes required at the time such uses are approved to minimize the impact of possible conflicting uses. Uses which would lead to deterioration, reduction of values, or adversely impact the public safety or the residential character of the residential neighborhood shall be prohibited. 10. The Town shall restrict development to that supported by parking, circulation, utilities and municipal services. 8.0 Conservation And Historic Preservation Element 8.4 Policies M 6. Historic Preservation: f. 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. 13.0 Community Design Element 13.4 policies 3. Promote and protect the identity of residential neighborhoods, 5. The Town Council further finds that it is possible for the applicants to convert only a portion of the structure to office use and to allow the remaining portion of the structure to continue to be used for residential purposes; 6. The Town Council further finds that the conversion of the entire residence to office is contrary to the following goals and policies of the Downtown Specific Plan and the General Plan: a. Downtown Specific Plan (adopted Mlay 18, 1982) Intent Section II. Land Use ZFJ—ectives: 1. To preserve the architectural and social character of downtown Los Gatos. III. Housing 0 ectives 1. To preserve the character of the downtown residential neighborhood. 2. To limit the conversion of downtown houses to commercial uses. 3. To preserve the stock of older housing in the downtown area. 4. To allow for multiple tenant usage of older houses within strict controls. V. Circulation & Transportation ZFi—ectives: 3. To reduce the effect of downtown traffic on commercial and nearby residential areas. Goals III. Housing 2. To preserve and protect the integrity and character of downtown residential neighborhoods. -4- Policies II, JLand Use 1. Commercial activity in downtown Los Gatos shall be encouraaed in existing commercial areas and prohibited from existing residential areas. 2. Strong boundaries between the CBD and adjacent residential neighborhoods shall be established and maintained. 4. New commercial activities shall meet community acceptable standards concerning traffic, parking, and design. 9. Mixed used to encourage residential opportunities in commercial zones shall be encouraged. 11. Existing residential uses will be recognized. III. Housing 1. No further conversion of residential uses to commercial use shall be allowed in predominantly residential areas. 2. Existing residential uses in the downtown area which provide affordable housing shall be preserved. 6. Mixed uses to encourage residential opportunities in commercial zones shall be encouraged. VI. Community Design 2. Establish and maintain strong boundaries between the downtown commercial area and adjacent residential neighborhoods. 6. Establish adequate design criteria to ensure parking facilities which are aesthetically pleasing. b. General Plan (adopted February 4, 1985) Section 2.0 Land Use Element 2.2 Issues 1. Residential Land Use -- How to maintain the existing housing stock within the Town has been identified as of primary importance. A townwide issue relates to the ability of the Town to supply housing for the elderly and lower and moderate income groups and the methods used to achieve such housing types. With regard to these special housing need groups, location, types of units, and funding strategies have been issues throughout the planning process. 2.3 Goals 5. To maintain the existing residential neighborhoods and to control development of available residential land. M 2.4 Policies 2. Light industrial and office - professional development will be restricted to areas which are not suitable for residential development. Existing residential areas will be protected from pressures for office development. 8. In those areas with traffic problems conversion from residential to nonresidential uses shall be limited. 9. The Town shall protect existing residential area by assuring that buffers are developed and maintained between them and other types of barriers, and other design attributes required at the time such uses are approved to minimize the impact of possible conflicting uses. Uses which would lead to deterioration, reduction of values, or adversely impact the public safety or the residential character of the residential neighborhood shall be prohibited. Section 3.0 Housing Element 3.4 Goals 3. To preserve existing housing by rehabilitation and conservation programs, 1.5 Policies 8. The Town should encourage the preservation of residential dwellings located in nonresidential designated areas when all of the following conditions are met: The dwellings are currently and have been historically used for residential purposes. The dwellings are adequately maintained and are reasonable free from serious defects which could result in health or safety hazards to residents. c. It is evident that necessary amenities and a suitable living environment are provided. 9. The Town should support the commercial areas, especially in provide housing closer to work mixing of residential uses in the downtown area in order to sources. Pursuant to Zoning Ordinance Section 5.20.110 and Government Code Section 65906, the Town Council has determined that there was not sufficient evidence submitted at the hearing to support the findings necessary to grant the variances requested. Other office properties in the downtown area under identical O-LHP zoning are currently nonconforming as to parking and as such are subject to a 20-year amortization period. Therefore, granting approval of a new office building without all the currently required parking spaces, which meet all current standards, would be a grant of special privilege in that any nonconforming office property would be required to meet current standards in order to amortize the nonconformity. M 8 The Town Council further finds that the applicant is unwilling to further reduce the amount of space to be used for office beyond that submitted in the current application. 9. Based on the foregoing findings, the appeal is denied. 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 7th day of April 1986 by the following vote: AYES: COUNCILMEMBERS Eric D. Carlson, Thomas J. Ferrito and Vice-Mayor Brent N. Ventura NOES: COUNCILMEMBERS Joanne Benjamin ABSTAIN: CCUNCILMEMBERS None ABSENT: COUNCILMEMBERS Mayor Terrence J. Dail SIGNED: ATTEST: VICE-MAYOR THE TOWN OF LOS GATOS CLERK OF THE TOWN OF LOS GAT GP02:30BROADWAY -7-