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M 12-12-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY December 12, 1989 TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 7:35 p.m., Tuesday, December 12, 1989, in regular adjourned session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. HEARING NORTH SANTA CRUZ 15/MOUNTAIN CHARLEY'S/BRIGHAM/CONDITIONAL USE PERMIT NORTH SANTA CRUZ 140/VARNI/RELOCATION HEARING Mayor Ferrito that this was the time and place duly noted for public hearing to consider a Conditional Use Permit application for permission to relocate an existing restaurant from 15 North Santa Cruz Avenue to a new location at 140 North Santa Cruz Avenue on property in the C-2 zone. This relocation is requested due to significant physical building damage suffered by the recent earthquake or aftershocks at the previous location. Business Owner, Jeff Brigham (Mountain Charley's). Property Owner, Dennis Varni. The following people from the audience wished to address this issue: Dennis Varni, 17940 Los Gatos-Saratoga Road, Monte Sereno, spoke in favor of the site for the relocation of Mountain Charley's. Jeff Brigham, 15803 Viewfield Road, Monte Sereno, asked Council's aid in helping Mountain Charley's relocate at the Noodle Palace Building and addressed the issue of the number of employees who are now out of work/expressing the desire that Council will approve this application and proposal at this time. John Style, 6334 Menlo Drive, San Jose, past patron of Mountain Charley's spoke of the mix of business facilities within Los Gatos and how this business adds interest and diversity for the consumer in Town. TC:D1:MM121289 Frank Olson, owner of Ernesto's Restaurant, offers full co-operation to all parties involved and would like to be able to open a restaurant with "Mt. Charley's" as a neighbor. Dan McFadden, 123 University, corner of Grays Lane, homeowner who does not want intensified commercial use past the hour of 10:30 p.m. Joan Perry, 119 University Ave., home backs up against parking lot, and bedrooms would be subject to the noise of departing customers at 2 a.m. Is not in favor of the relocation site. Scott Broomfield, 115 University, would like to see businesses closed by 10 p.m. and feels that a 2 a.m. closing is uncontrollable. Lila Montgomery, 209 University Ave., would not object to a family restaurant with hours of 10:30 or 11:00 p.m. but does object to a bar in this location. MT. CHARLEY'S CONTINUED Joe Brozda, 201 University Ave., states that this is a residential area and should remain so. Greg Cogsell, 216 University, is not in favor of the bar relocation. Herb Grey, 201 University Ave., is not in favor of this relocation. There was no one else who wished to address this issue. Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council agendize the discussion of how the Town will permit the businesses that are closed by virtue of the earthquake and unable to relocate, to continue to operate as soon as possible with the same set of conditions as before the earthquake. Carried by a vote of 4 ayes. Mr. Hamilton voted no, stating that a business owner cannot wait six months to a year for his original location to reopen and does not feel that this action helps to rebuild Los Gatos in a timely manner. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to deny the Conditional Use Permit Application EU-77-24C as recommended by the Earthquake Restoration Committee in consideration of the compatibility of commercial and residential which does not mesh in this instance due to the intensified use the bar will generate. The restaurant application will be referred back to the Planning Commission for a use permit hearing. Carried by a vote of 4 ayes. Mr. Hamilton voted no. Mr. Carlson stated for the record that his reason for supporting the motion is not based on the findings of the motion or the second but rather that the complexity of the issue puts it outside the earthquake restoration process and therefore it should be heard through the normal process. RESTORATION COMMITTEE APPEAL TC:D1:MM121289 HOLLYWOOD 220/LETTUNICH/EARTHQUAKE DAMAGE/RECONSTRUCTION Report on consideration on the appeal of the Planning Director's and Building Official's denial of plans to reconstruct a single-family residence, significantly damaged by the earthquake on property in the R-1:10 zone, S-89-71. Property located at 220 Hollywood. Property owners, Martin and Nedra Lettunich. The following people wished to address this issue: Martin Lettunich, 220 Hollywood Ave., owner of the property, spoke to the design of his home and the fact that it was substantially similar to the original. Dave Flick, 122 Stacia Street, spoke in support of this project. No one else from the audience wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to send this project back and find answers to questions as to whether there is 100 or more square feet added to the second or third floor, and whether the project constitutes a demolition. If these improvements could have proceeded without a building permit prior to the earthquake that the project be approved and that a clarification of our general policy be made regarding this issue. Carried unanimously. HORSE DRAWN CARRIAGES/STATE OF EMERGENCY/BAN Report on the banning of horse drawn carriages during the State of Emergency caused by the October 17, 1989 earthquake. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Ms Lorraine West, who has a personal interest in this matter, be allowed to address the Council for five minutes. Carried by a vote of 4 ayes. Mr. Ferrito voted no, stating that he does not wish to turn non-public hearing items into public hearings. Chief Todd addressed the safety issues in Town since the earthquake. Ms West read a letter submitted to the Town Council and answered questions from the Council. Motion by Mr. Carlson, and later withdrawn, that Ms West can operate outside the earthquake affected areas until December 20, 1989 and then be allowed to resume her activity in the Almond Grove area as defined by Ordinance within 60 to 90 days or at such time as the downtown traffic barricades are removed. Joanne Benjamin, did not support this motion because the earthquake came and she feels there is a need to be flexible. Some traffic is diverted into Almond grove area, but this is probably commute traffic and does not occur at the time of evening or Sundays when Ms West operates. If traffic is diverted it tends to travel on University rather than the Almond Grove, and we should allow the Carriage Trade to operate in the Almond Grove. Motion by Mr. Carlson, seconded by Mr. Hamilton, that Carriage Trade operations be TC:D1:MM121289 permitted on weekends and holidays in the Almond Grove district, and that the current original mode of operations be allowed outside the earthquake damaged area until the end of December or until January 1, 1990 when the new Ordinance will take effect. Restrictions on North Santa Cruz, University and Main will remain in effect until the traffic barricades are removed and normal traffic flow resumes. This action confirms the ban and modifies it. Carried by a vote of 3 ayes. Mr. Ventura voted no mentioning the traffic problem. Mr. Ferrito voted no. RECESS Mayor Ferrito declared a recess at 9:50 p.m. and called the meeting back to order at 9:60 p.m. OPEN SPACE STUDY/BLOSSOM HILL/HICKS-SHANNON-SHORT ROADS HILLSIDE DEVELOPMENT STANDARDS Consideration of open space study and proposals for policies regarding lot sizes, trails in the hillside, development sites and open space. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, to ask the Planning Commission to make Mr. Ventura's proposed policy #1 more specific regarding conditions under which one could justify being outside the least restrictive areas such as roads, and parcels that don't have enough less restrictive area to allow a cluster development that meets the minimum density. The issue of necessary access should be addressed and conditions under which we will allow development outside the least restrictive areas. Carried unanimously. OPEN SPACE STUDY CONTINUED Motion for consensus by Mr. Carlson, seconded by Mr. Hamilton, that planned development will be used for every development in this area as a way of encouraging cluster development and guaranteeing maximum flexibility while conforming to the policies. Carried unanimously. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that 30 foot height is allowed only when no visibility problem exists, in which case the maximum height is 25 feet. This modification shall be added to item #6 and item #4 shall be deleted. Carried unanimously. Motion for consensus by Mr. Carlson, seconded by Mr. Hamilton, to delete the word cluster from item #7 and insert the word planned so that this item reads; Planned development shall be required to maximize open space areas, minimize grading and roads. Carried by a vote of 4 ayes. Mr. Ventura voted no feeling that the word cluster should be left in. TC:D1:MM121289 Motion for consensus by Mrs. Benjamin, seconded by Mr. Hamilton, to delete the first and last portion of item #2 so that it reads; The use of natural materials is highly recommended. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura voted no. Motion for consensus by Mr. Ventura, seconded by Mr. Carlson, to accept policies one through nine, omitting #4 and modifying #'s 2, 6 & 7. Carried unanimously. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, to modify proposed policy #2 as follows; In order to conform with the least restrictive areas and to maximize the open space and minimize grading and roads, we encourage the developers to use smaller than one acre lot sizes. Carried unanimously. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that proposed policy #4 be adopted and modified by calling the trails "Hillside Trails." Carried unanimously. Motion for consensus by Mr. Ventura, seconded by Mr. Carlson, that the areas outside of the least restrictive areas, as part of the PD process, be dedicated to permanent open space, with easements granted. Carried by a vote of 4 ayes. Mr. Hamilton voted no. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that anyone who has applied so far in this particular area and continues in the process according to the rules of timeliness be able to continue with the current fees. Should for any reason they have to withdraw or restart, then they will be assessed the new fees at the PD rate. Carried unanimously. ADJOURNMENT Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council adjourn. Carried unanimously. The meeting adjourned at 10:45 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM121289