1989-174-Deny Request For Permission To Demolish An Existing Office Structure And To Construct A Three-Unit Residential Condominium Development On Property In The "O" ZoneRESOLUTION NO. 1989 - 174
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL
OF PLANNING COMMISSION DECISION TO DENY REQUEST FOR
PERMISSION TO DEMOLISH AN EXISTING OFFICE STRUCTURE
AND TO CONSTRUCT A THREE -UNIT RESIDENTIAL CONDOMINIUM
DEVELOPMENT ON PROPERTY IN THE "O" (OFFICE) ZONE
(17510 FARLEY ROAD - GERALD MOORE; MARTIN KRAMER)
WHEREAS:
1. Terry McElroy has appealed a decision of the Planning Commission as follows:
denial of a request for permission to demolish an existing office structure and to construct
a three -unit residential condominium development on property in the "O" (Office) zone on
property located at 17510 Farley Road and owned by Gerald Moore and applied for by
Martin Kramer (Conditional Use Permit U -89 -3 and Architecture and Site Application S-
89-27); and
2. A public hearing was held by the Town Council on September 5, 1989.
BE IT RESOLVED:
1. The Town Council hereby finds that no evidence or testimony was presented that
the decision of the Planning Commission was in error.
2. The Town Council hereby further finds as follows:
a. From June 1986 through January 1987 the Planning Commission held
several public hearings regarding a General Plan and Zoning inconsistency
that existed along the east side of Winchester Boulevard from Bruce Avenue
to Pleasant View (which includes) the subject properties); and
b. On June 1, 1987, the Town Council found that the General Plan
Amendment GP -86 -4, as recommended by the Planning Commission, was
internally consistent with the General Plan and the General Land Use
Designation and was therefore amended from Low and Medium Density
Residential to Office Professional.
I The Town Council hereby further finds that the Town should do the planning and
determine the zone consistent with the good of the Town's General Plan, and the developer
should then meet those planned standards.
4. The Town Council further finds that the residential use is inappropriate due
to traffic impact, noise, existing land use patterns and lack of a cohesive neighborhood.
S. Based on the foregoing findings, Conditional Use Permit Application U -89 -3 and
Architecture and Site Application S -89 -27 are hereby 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, California, held on the 18th day of September, 1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson
Thomas J. Ferrito
Robert L. Hamilton
Brent N. Ventura
Mayor Joanne Benjamin
NAYES: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
SIGNED:
MPNOR OF THE TOWN F LOS GATOS
ATTEST:
CLERK OF THE TOWN OF; OS GATOS