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M 11-28-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 28, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers at 7:55 p.m., in an adjourned regular meeting. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT;None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported Council had met in Closed session pursuant to Government Code Section 54956.9(c) to discuss institution of litigation regarding property acquisition for Downtown Parking District. The Council chose outside legal counsel to proceed with property acquisition if necessary. Mr. Ferrito and Mr. Hamilton did not participate in this discussion. Discussion was held on the institution of litigation regarding Villa Vasona and there is no report from the discussion. Discussion was held on the institution of litigation regarding Guadalupe Refuse Disposal site expansion and there is no report from that discussion. PUBLIC HEARING EXTEND URGENCY INTERIM ZONING ORDINANCE 1751 Mayor Benjamin stated this was the time and place duly noted for public hearing to consider extending Urgency Interim Zoning Ordinance No. 1751 to establish a temporary prohibition on application for certain types of improvements to nonresidential property in the Downtown Specific Plan Area located West of State Route 17 between Saratoga Avenue and Blossom Hill Road. This hearing was continued from the November 21, 1988 Council meeting. Staff has recommended this be dropped since Ordinance 1751 has expired. Mr. Carlson moved to drop this item. Mr. Hamilton seconded. Carried unanimously. URGENCY INTERIM ZONING ORDINANCE PROHIBITION FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVE. & BLOSSOM HILL RD. Mr. Ferrito stated the reason item one was dropped from the agenda was that the extension did not occur within the 45 days period and asked staff to explain the legal ability of the Council after the expiration of the initial 45 day period start another 45 day period. Mr. Bowman, Planning Director, stated the ordinance did not expire because of the 45 day period. When Council held hearing in the spring and it was recommended the ordinance be extended for two years. Council chose to extend the ordinance to November 21, 1988. There is no prohibition against a new urgency ordinance right after another one has expired. Mr. Ventura stated he had received and listened to the tape and will be voting on the item. Mr. Carlson made the finding that there is a current and immediate threat to the public welfare for reasons sited in the findings of the ordinance and because of past experiences shown in the downtown area that the lack of such urgency ordinance prohibits people from getting permits for minor improvements and that shown to restrain the commerce in town. It also gives a threat to the welfare by the fact that this ordinance has expired. The approval of additional subdivisions, uses permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare. This includes the findings that are incorporated in the draft ordinance. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito voted no because he can not make the findings in section 1b and 1c. Mr. Carlson moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mr. Carlson moved to introduce the ordinance. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Mr. Carlson moved for the adoption of Ordinance No. 1768 entitled, AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Clerk to set the public hearing for January 3, 1989. OPEN SPACE AND ENVIRONMENTAL STUDY OF BLOSSOM HILL AREA Mr. Bowman explained that exhibit II would allow the continuance of the processing applications that have been filed prior to the adoption of this ordinance but would not allow approval or construction to begin. Staff requested to inform council at the public hearing the completion date of the study. Mr. Ventura stated he had received and listened to the tape and will be voting on this item. Bill Pagano, representing the owners of Santa Rosa Heights; Steve Nakashima, representing Mr. and Mrs. Houge; Joyce Lyang; Representative of West Fall Engineering for Mr. & Mrs. Houge; and Jeff Widman all spoke in regards to their clients projects. Diane McLaughlin, 15626 Francis Oaks Way; and Dave Wissman, 15431 Francis Oaks Way are in support of the EIR study and adoption of the ordinance. Discussion was held on whether anyone can proceed with an application up to but not including the final decision by the Planning Commission or Council and whether Council is in violation of any state law about processing an application. An urgency interim ordinance is to allow time to do necessary studies before acting on a series of applications and to suspend the applications while doing the study. Staff to report at the public hearing when if ever the three development applications when if ever they were deemed complete and when was the last time their application was not deemed complete and when the one year three months period would run the three applications. Exhibit II, page 4, item 5 only applies to subdivision applications not zoning applications. Two of the goals of this study is to identify and preserve the natural habitat and to try and put together open space dedications in way they add up to usable pieces of open space. Mr. Ventura requested the subdivision off of Belwood Gateway next to the park to be included in the display for the next public hearing. Mr. Carlson moved to amend Exhibit II, page 4, number 5, to include zoning approval applications. Mr. Ventura seconded. Carried unanimously. Mr. Carlson made the finding that there is a current and immediate threat to public welfare for reasons given in Draft Ordinance Exhibit II, this is a major important piece of open space in town nd the lack of a specific plan for development will leave a possible threat to the welfare to the community. There is a threat to the health and safety to the public because the wilderness area is being threaten by all the effect of urban development. The approval of additional subdivisions, use permits, variances, building permits or any other application entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton voted no because it has been zoned to allow housing, looked at, subject of E.I.R., not a clear and immediate threat, not zoned resource conservation, appropriate time for this would have been before the building. Mr. Carlson moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD. Mr.Carlson seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mr. Carlson moved the ordinance be introduced. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. Mr. Carlson moved for the adoption of Ordinance No. 1769 entitled, AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. Mr. Ferrito requested a notice be sent to the Midpeninsula Open Space District letting them know the existence of this ordinance, any hearing to be held extending the ordinance, the R.F.P., any study that might be authorized, and the processing of the four development applications. Notify them of the risk of development that the Los Gatos open space is facing to encourage them to spend more tax dollars in this area either alone or in joint venture with the town. Ask them to provide their own staff evaluation of the open space priorities, Clerk to schedule a public hearing for January 3, 1989. ADJOURNMENT Mr.Ferrito moved the November 28, 1988 Council meeting be adjourned at 9:00 a.m. to a study session to discuss the design of Route 85/Highway 17 connection. Mr. Hamilton seconded. Carried unanimously. ATTEST: Rebecca L. Yates Sr. Deputy Clerk