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M 01-05-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY January 5, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:30 p.m., Monday, January 5, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Lubeck noted that Closed Session had not been held this evening. PRESENTATION FROM TOWN TO MARTHA TOOLEY (00.44) Mayor Lubeck presented a Town Commendation to Martha Tooley for her service to the Town while serving on the Town Parking Commission. Ms Tooley accepted her commendation and thanked the Council for the opportunity of having been able to serve the Town. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve the recommended action concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 6829 16490 Ferris Ave.Lukin Building Site Approval/No Conditions Carried unanimously. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. TREASURER'S REPORT (04.V) Informational report submitted by the Treasurer to the Council as of November 30, 1997, was received and filed. TC:D10:MM010598 ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1997 (05.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on December 12 and December 19, 1997 in the amount of $325,762.72. Carried unanimously. TC:D10:MM010598 Town Council Minutes January 5, 1998 Redevelopment Agency Los Gatos, California MINUTES OF DECEMBER 15, 1997 (06.V) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve the Minutes of December 15, 1997 as submitted. Carried unanimously. INTERNET ACCESS POLICY FOR THE TOWN (07.44) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council approve revision of Town's Internet Access Policy. Carried unanimously. LOS GATOS MEADOWS/110 WOOD ROAD/ABC LICENSE/RESOLUTION 1998-01 (09.09) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1998-01 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN ALCOHOLIC BEVERAGE CONTROL LICENSE TO SELL BEER AND WINE TO LOS GATOS MEADOWS RESIDENTS AND THEIR GUESTS ON PROPERTY IN THE RPD ZONE. Carried unanimously. HEARINGS LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/APPEAL (10.09) CONSTRUCTION OF NEW BUILDINGS AND PARKING EXPANSION Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision approving a request for Architectural and Site Approval and a time extension for a Use Permit for the demolition of an existing education and residential building, construction of a new education, ministry and multi-purpose gymnasium building, remodeling of existing facilities, and expansion of the parking lot on property in the R-1:8 Zone. Also requesting a modification to the Use Permit to get transfer credit of the square footage for the demolition of the residential building to add in the administrative building. Project Application PRJ-97-156. Property location: 16330 Los Gatos Boulevard. Applicant/Property Owner: Calvary Church/Steve Torres. Appellant: Gail Brady. The following people from the audience spoke to this issue: Gail Brady, 16387 Englewood Ave, Appellant, spoke of those who did not receive notice of the Planning Commission meeting. She asked for a lower height of 25 feet, and for additional landscaping on the residential side of the buildings and parking lots. She asked for parking reconfiguration so that there could be more landscaping along the residential property lines. She asked that the home on Robie Lane not be demolished for parking. Steve Torres, 15743 Kavin Lane, Applicant for Calvary Baptist Church, spoke of how the church has met all the conditions in the conditional use permit and has even done even more to mitigate the concerns of the neighbors. Sal Caruso, Caruso Design Group, 255 N. Market Street, #200, San Jose, Project Architect for Calvary Church, spoke of the work done to mitigate all concerns of the neighborhood. He spoke of buffer zones and the studies done to address all concerns. Jacqui Newhall, 16319 Robie Lane, opposed the proposed church project. Jim Lowe, 16346 Robie Lane, opposed the proposed project. Michael Bays, 16429 Englewood Ave., spoke of the financial impact to his home due to the configuration and use of the proposed parking lot. TC:D10:MM010598 Town Council Minutes January 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/CONT: Speakers continued: Vera Pierce, 16334 Robie Lane, opposed the proposed project. Myrna Skala, 16334 Robie Lane, opposed the proposal and the impact on the neighborhood. Cris Calhoun, 16298 Robie Lane, spoke in opposition of the project. Steve Berry, 16826 Leroy Ave., on the financial committee of the church, spoke of the financial stability of the church and the fact that it has always finished its projects and paid all construction costs. Carol Biersch, 16781 Loma Street, spoke of compromise and cooperation. She approves the project and would like to see the demolition of the old house. Deanna Dresti, 16310 Robie Lane, spoke of the impacts large events held at the new church complex will have on the neighborhood. Sal Caruso, project architect, answered questions raised from audience and wrapped up the presentation for the church. Gail Brady, appellant, concluded with reassertion of need for additional landscaping; reconfiguration of parking; relocation of project on site; and height mediation suggestions. She noted loss of property value; loss of quality of life for the neighborhood; and the lack of acceptable mediation resolutions for the impact the project will have on the neighboring residential district. She asked that the size of the building be reconsidered and that the residential street not be changed by the demolition of an existing home to construct a parking lot. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council grant a time extension to the Conditional Use Permit. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to send back to staff and Planning Commission to review the potential of not demolishing the house but only if the parking can be reconfigured to keep all the required spaces and that the landscaping remains sufficient for the neighborhood's benefit. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that the square footage of the house to be demolished may not be incorporated into the square footage of the multi purpose building. Carried unanimously. Motion by Mr. Attaway, that the Planning Commission review any modifications to the Master Plan which the church may be contemplating. Motion retracted. Motion by Mr. Attaway, seconded by Mr. Hutchins, to reduce the gym height to less than 30 feet. Motion retracted. TC:D10:MM010598 Town Council Minutes January 5, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/CONT: Council Comments: Mr. Blanton does not perceive the building design as a CostCo or giant handball court. He approves the residential look for the neighborhood and hopes the residents will make the final choice. Mr. Hutchins noted a planning commissioner's comments concerning glass and reflective materials to break up the perceptual mass of the building. Mr. Attaway sees this building as only affecting the immediate neighbors. If the neighbors choose to help make that decision then he thinks it should be their decision, otherwise the Planning Commission should make the decision. Mrs. Benjamin thinks the architect made a good attempt at addressing the neighbors concerns regarding the appearance of the building. She would like to see a great deal more landscaping on the Robie Lane side of the building, preferring a more simple architectural design with an affluence of trees and landscaping. Mayor Lubeck reitemized the comments of this evening: * neighborhood should be involved in the appearance and design * when Planning reviews project it should consider, as much as possible, landscaping to hide the building * anything the architect can do to incorporate elements that will make building less visual and soften the appearance * try to have the adjoining buildings flow together in design * there should be as much landscaping as possible along the side of the building in the open area that can be seen from Robie Lane * if it is mandatory to retain the masonry wall, consider different treatments for softening the effect of that wall on the neighborhood. Motion by Mr. Blanton, seconded by Mr. Attaway, to grant the appeal in so far as the comments that have been made this evening, and remand this item back to the Planning Commission. Carried unanimously. Reiterated by Mayor Lubeck: Council determined the appeal on the modification of the Conditional Use Permit as follows: *Denied the appeal by granting the one year time extension to the Conditional Use Permit. *Granted the appeal in so far as denying the transfer of floor area for the demolition to the administration building. *Granted the appeal of Architecture and Site approval. *Remand to the Planning Commission for further consideration. COUNCIL RECESS Mayor Lubeck called a five minute recess at 10:48 p.m. The meeting resumed at 10:53 p.m. TC:D10:MM010598 Town Council Minutes January 5, 1998 Redevelopment Agency Los Gatos, California HISTORIC PRESERVATION COMMITTEE/PROCEDURES AND DUTIES/HEARING (11.46) ZONING ORDINANCE AMENDMENT A-93-6/INTRODUCTION Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider amending the Town Code to better clarify the procedures for Historic Preservation, and the duties of the Historic Preservation Committee. Zoning Ordinance Amendment A-93-6. This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirement of the California Environmental Quality Act. Applicant: Town of Los Gatos. The following person from the audience spoke to this issue: Jim Lyon, 239 Johnson Ave., asked that pre-1941 homes be included in portions of the ordinance. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to bring back the proposed ordinance January 20, 1998, with the following amendments: 1)The Title for Article VIII will read, "Overlay Zones and Historic Preservation." 2)Section 29.80.010 will have the following added, "Article VIII now covers Historic Preservation and not just overlay zones." 3)Number 23 will be added to Section 29.20.750. "The Planning Commission has all the duties with regards to Historic Preservation as outlined in Section 29.80.220." Carried unanimously. PARKS COMMISSION/RESIDENCY REQUIREMENTS/ORDINANCE INTRODUCTION (12.20) Mayor Lubeck stated that this was the time and place duly noted to consider introducing ordinance changing Article II, Section 19.20.015 allowing on (1) member of the Parks Commission to be a resident of Monte Sereno. There was no one from the audience to address this issue. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE II, SECTION 19.20.015(A) OF THE TOWN CODE ALLOWING ONE (1) MEMBER OF THE PARKS COMMISSION TO BE A RESIDENT OF MONTE SERENO. Carried unanimously. TC:D10:MM010598 Town Council Minutes January 5, 1998 Redevelopment Agency Los Gatos, California VALET PARKING SERVICE/REPORT (13.40) Council Consensus that Council accept and file staff report on valet parking service. LOCAL LAW ENFORCEMENT BLOCK GRANT/BUREAU OF JUSTICE ASSISTANCE (08.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council authorize the Town Manager to accept funds awarded by the Bureau of Justice Assistance for local Law Enforcement Block Grant. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be adjourned at 11:15 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM010598