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M 07-06-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY July 6, 1999/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., Tuesday, July 6, 1999, in joint regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Jan Hutchins. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(b), Anticipated Litigation, Claim of Julie Patricia Dunn. Council denied the claim. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. Town Negotiator (Lead): Gary Rogers, Personnel Manager and Association/Employees: Town Manager, Town Attorney. There was no action taken at this time. PRESENTATION/ARTS COMMISSIONER/LYNN KENNEDY (XXY.20) Mayor Hutchins thanked Ms. Kennedy for her volunteer time on the Arts Commission and presented her Commendation. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/TOWN COUNCIL JOINT SESSION (03.47) Informational report regarding the Planning Commission and Town Council joint session scheduled for July 19, 1999 regarding the North Forty Specific Plan was received and filed.. RATIFICATION OF PAYROLL/MAY-JUNE 1999 (04.V) Motion by Mr. Blanton, seconded by Mayor Hutchins , that Council ratify the check registers for the payroll of May 30 through June 12, 1999 paid on June 18, 1999, in the amount of $403,248.13. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1999 (05.V) Motion by Mr. Blanton, seconded by Mayor Hutchins , that Council ratify the accompanying check registers for accounts payable invoices paid on June 11, 1999 and June 18, 1999, in the amount of $715,245.37. Carried unanimously. TREASURER'S REPORT (05A.V) Informational report submitted by the Treasurer to the Council for the month ended May 31, 1999, was received and filed. MINUTES OF JUNE 21, 1999 (06.V) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council approve the Minutes of June 21, 1999 Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. COMMENDATION/MARCIA JENSEN/PLANNING COMMISSION (07.20) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MARCIA JENSEN FOR HER SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION. Carried unanimously. PLANNING SERVICES/LEE BOWMAN/RESOLUTION 1999-101 (08.47) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT FOR PLANNING SERVICES WITH LEE E. BOWMAN. Carried unanimously. ENGINEERING CONSULTANT/WILLDAN ASSOCIATES/RESOLUTION 1999-102 (09.28) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH WILLDAN ASSOCIATES FOR ENGINEERING AND INSPECTION CONSULTANT SERVICES. Carried unanimously. ELM ST/PARKING LOT 6/50 UNIVERSITY AVE/OAK TREE (10.09) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council accept report and approve the removal of the Oak tree on Elm Street adjacent to the new building closest to Parking Lot 6. Carried unanimously. PLAYGROUNDS UNLIMITED/PRJ 9933/LA RINCONADA PARK/RESOLUTION 1999-103 (11.35) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PLAYGROUNDS UNLIMITED, INC. FOR PROJECT 9933 LA RINCONADA PARK PLAYGROUND RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. AMICUS BRIEF/TAHOE-SIERRA COUNCIL/TAHOE PLANNING AGENCY (12.10) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council authorize the Town Attorney to join the Town of Los Gatos in the amicus curiae brief in the case of Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, United States Court of Appeals for the Ninth Circuit, Case No. 99-15641, at no cost to the Town. Carried unanimously. AMEND ZONING MAP/END OF VERDE COURT/ORDINANCE 2063 (13.47) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Ordinance 2063 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM RD TO R-1:8 FOR 3,100 SQUARE FEET OF PROPERTY LOCATED AT END OF VERDE COURT. Carried 3-2. Mrs. Lubeck voting no. Mr. Attaway abstaining. MARIPOSA COURT 66/RESIDENTIAL/RESOLUTION 1999-104 (14.09) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE AN ARCHITECTURE AND SITE APPLICATION TO DEMOLISH A SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:8. PROJECT APPLICATION: PRJ- 98-119.PROPERTY LOCATION: 66 MARIPOSA COURT. PROPERTY OWNER/APPLICANT: RICHARD AND PAMELA KATZ. APPELLANT: TIM MACIERZ. Carried 3-2. Mrs. Lubeck voting no. Mr. Attaway abstaining. UNIVERSITY AVENUE 50/OLD TOWN/RESOLUTION 1999-105 (15.09) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE MODIFICATION TO ARCHITECTURAL AND SITE APPROVAL OF THE WEST ELEVATION OF A COMMERCIAL BUILDING ZONED C-2:PD:LHP. PROJECT APPLICATION: PRJ-99-001. PROPERTY LOCATION: 50 UNIVERSITY AVENUE. PROPERTY OWNER/APPLICANT: SRI OLD TOWN, LLC. APPELLANT: STACY J. STEWART. Carried 4-1. Mr. Attaway abstaining. TOP OF THE HILL ROAD 15299/RESIDENTIAL/RESOLUTION 1999-106 (16.09) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING TWO BUILDING PERMITS TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE WITH AN ACCESSORY STRUCTURE ON PROPERTY ZONED HR-5, AND DENYING REQUEST TO REFUND PLANNING DEPARTMENT APPLICATION FEES FOR ARCHITECTURE AND SITE APPROVAL OF A NEW SINGLE FAMILY RESIDENCE. BUILDING PERMITS: B-99-000373 & B-99-000388. PROPERTY LOCATION: 15299 TOP OF THE HILL ROAD. PROPERTY OWNER/APPELLANT: DR. JAMSHIDI. APPLICANT: MAURICE CAMARGO. Carried 4-1. Mr. Attaway abstaining. MOBILE HOME PARK/WOODLAND AVE 484/MCNELLY/RESOLUTION 1999-107 (17.09) Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING CERTAIN FINDINGS AND CONTINUING PUBLIC HEARING ON OTHER FINDINGS TO APPROVE A MOBILE HOME PARK CONVERSION PERMIT ON PROPERTY ZONED RMH. DEVELOPMENT APPLICATION: DEV-97-007. PROPERTY LOCATION: 484 WOODLAND AVE. PROPERTY OWNERS/APPLICANTS: MALCOLM AND MARGARET MCNELLY. Carried 4-1. Mr. Attaway abstaining. VERBAL COMMUNICATIONS Calvary Church Nancy Walker, 16791 Loma Street spoke on behalf of herself and her neighbors. Ms. Walker requested that the Town address the lights and landscaping being installed in the overflow parking lot at Calvary Church. Ms. Walker explained that the lights were to be eight feet tall and have been installed at 17.5 feet tall and are intrusive to the neighborhood. She stated that the landscaping, the neighborhood had been promised, has not occurred and consists of only two small trees for each back yard. Ms. Walker submitted her letter of concerns for the record. Mr. Curtis explained the complications and Town standards and stated that the matter was being investigated and alternatives may be available. Mr. Curtis stated that public safety was also a concern and a report would be forwarded to Council for the agenda of July 19, 1999. Steve Torre, 15743 Kavin Lane, representing Calvary Church stated that the eight foot height was an error by the Civil Engineer and the lights were 16.5 feet tall. Mr. Torre submitted photographs of five parking lots and light standards in Los Gatos. Traffic Concerns Larry Arzie, 18000 Overlook Road is concerned about safety factors relating to traffic and specifically the traffic situation which occurred this evening. Mr. Arzie stated that an emergency plan was needed and certain freeway off ramps need to be closed when an accident occurs on the freeway. Mr. Arzie would also like to see Police Officers at major intersections when a problem occurs. Mr. Attaway and Mr. Pirzynski requested that Staff investigate the concerns immediately. Mobile Home Park Arbitration Jerry Mirasou, 14685 Oka Road, questioned if a petition had been received by the Town regarding a recent arbitration. Mr. Korb stated that no petition has been submitted and the Arbitrator has submitted a decision, in final form, and if the parties do not agree with the decision, then a Judicial review can be requested. Mr. Korb stated that the Town considers the action closed. HEARINGS WINCHESTER BOULEVARD 15350/VILLA FELICE/BERSANO/HEARING (18.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider request for approval of: (1)A General Plan Amendment to change the land use designation from low density residential and neighborhood commercial to medium family residential, (2)A Planned Development to change the zoning designation from R-1:8PD to RM:5-12:PD, to construct 36 to 39 dwelling units and (3)Architecture and Site approval to demolish a pre-1941 duplex, a pre-1941 office building, a restaurant and hotel (Villa Felice), and a maintenance building, Planned Development application DEV-97-006, Project Application PRJ-98-130, and Negative Declaration ND-98-0010. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Property location: 15350 Winchester Boulevard. Property owner: Richard, Edward and Donald Bersano. Applicant: Braddock & Logan Group, LP (II). HEARINGS CONTINUED WINCHESTER BOULEVARD 15350/VILLA FELICE/CONTINUED The following people from the audience spoke to this issue: Jeff Laurence, 4155 Blackhawk Plaza Circle, Danville, representing Braddock & Logan, requested that the Council return their application to the Planning Commission. Mr. Laurence stated that they have revised the plan, as a result of two study sessions, but did not get the plans to the Planning Commission on time. Mr. Laurence explained why they had not met the deadline and why he thought the Planning Commission had denied the application. Mr. Attaway explained the high standards required by the Town and the time and revenue invested regarding this application. Mr. Attaway would like a firm commitment that the applicant is aware of the high standards expected. Mrs. Lubeck clarified that the new plan contains the suggestions derived from the two study sessions and that additional fees for time and materials will be imposed. Mr. Blanton stated that he does not see any attempt to manipulate the process. Mr. Pirzynski stated that the project needs to be a quality project with more open space and he feels it definitely needs more work at this point. Barbara Nesbitt, 17268 Zena Ave, Monte Sereno, Council Member for City of Monte Sereno, stated that a number of people who live in Monte Sereno are very concerned about this project. Ms. Nesbitt suggested that the Council have a full hearing tonight. Steve Patrick, 15300 Winchester Boulevard, supports the Planning Commission decision to deny the project and requested that Council also deny the appeal. Mr. Patrick feels the developer is not interested in Los Gatos, the Community, or the Town process. Mr. Patrick feels that the applicant has intentionally tried to avoid the normal process and reiterated his request for denial. Mary Keith Osborn, 17051 Wild Way, supports denying the appeal. Ms. Osborn also feels the applicant has tried to avoid the normal process and she feels there is better use for the property. Greg Mally, 17250 Winchester Boulevard, does not feel this development is in the best interest of the neighborhood. Mr. Mally would like the current zoning of the property to remain. There was no one else in the audience to speak to this issue. Motion by Mr. Attaway, seconded by Mr. Blanton to close the Public Hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck to remand this matter to the Planning Commission to work on the issues involved. Council finds that remanding the application is a policy decision, progress has been made regarding the issues, the applicant has indicated a willingness to continue working on the issues, and there is also new information which was not available to the Planning Commission or staff in time to review it. Mayor Hutchins will not support the motion because he believes it will send the wrong message and show disrespect for the Planning Commission which has expressed outrage at the way the developer has thwarted the process. Mr. Pirzynski will not support the motion because he does not believe the plan is appropriate for the site. He has been moved by the arguments from the neighborhood and the discussion that occurred at the Planning Commission. Mr. Attaway will support the motion and the additional fees required. Mr. Attaway stated that the Planning Commission is doing an excellent job and denial of the project was the right thing to do. Mr. Attaway would like to send the same strong message to the applicant and if the development can not accomplish what the Planning Commission requires, than this development may not be right for the Community. Carried with a vote of 3 ayes. Mayor Hutchins and Mr. Pirzynski voting no. HEARINGS CONTINUED WINCHESTER BOULEVARD 15796/GREEN THUMB NURSERY/APPEAL (19.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission approving a Conditional use Permit to operate an existing Botanical Nursery on property zoned O (Office) and LM (Commercial industrial). Project Application PRJ-98-137. Property location: 15796 Winchester Boulevard. Property owner: Tooru Hirose. Applicant/Appellant: Green Thumb Nursery/Steven Molho. Council Comments: Mr. Attaway stated that this application is very special to the Town of Los Gatos and is one of the businesses that maintains the small time character and charm of the Town. Mr. Attaway would like to grant the appeal and modify the conditions to make the provisions of the code, regarding paved parking and parking set-backs, applicable to no earlier than one year after the date of approval. Mr. Attaway feels this will give Staff time to develop appropriate amendments to the Zoning Code for unusual businesses that contribute to the character and charm of the Town. Mrs. Lubeck clarified that the applicant would be subject to whatever the Code was after adoption. Mr. Attaway explained that the Town would be correcting some situation but may not be able to correct everything. Mr. Blanton clarified that any action is being deferred until appropriate amendments to the Code can be developed or the General Plan amended. Mayor Hutchins explained that the proposal was for a date certain which can be continued at that time. The following people from the audience spoke to this issue: Steven Molho, 15796 Winchester Boulevard, owner of Green Thumb Nursery asked for an amendment of the Code specifically addressing Nursery use and clarified that any amendment would only take one year. Mr. Attaway explained that this was the intent, however staff needed some latitude to work within the parameters. Phyllis Alvis, 17664 Blanchard Drive clarified that there would be future opportunity for a Public Hearing. Mr. Korb explained that any amendment to the Code would have a Public Hearing before the Planning Commission and the Town Council. There was no one else from the audience to speak to this issue. Mr. Pirzynski feels this is a good example of general law-making which does not address the specific impacts that affect some uses. Mr. Pirzynski feels the future blue print for the Town is to maintain it's small Town character and this application is a prime example of what small Town character really is. Motion by Mr. Pirzynski, seconded by Mr. Attaway to close the Hearing. Carried unanimously. HEARINGS CONTINUED WINCHESTER BOULEVARD 15796/GREEN THUMB NURSERY/CONT. Motion by Mr. Attaway, seconded by Mr. Pirzynski to grant the appeal and modify the condition to make the provisions of the Code, regarding paved parking and parking set-backs, applicable no earlier than one year from the date of approval which will give Staff time to propose appropriate amendments to the Zoning Code. The Council finds that the Planning Commission did not have discretion to modify or address the issue but this type of direction is vested in the Town Council. Carried unanimously. Mrs. Lubeck confirmed that it was the consensus of Council to direct Staff to bring forward proposed amendments to the Zoning Code regarding the issues raised within one year. GLEN RIDGE AVENUE 133/RESIDENTIAL/APPEAL (20.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider appeal of the decision o the Planning Commission denying a request for Architecture and Site approval to exceed the FAR for a pre-1941 single family residence on property zoned R-1:8. Project application PRJ-98-250. Property location: 133 Glen Ridge Avenue. Property owner/Applicant/Appellant: Larry J. and Karin Willard. Mr. Attaway recused due to the proximity of his residence to the project. Mayor Hutchins stated that the applicant has asked that this matter be continued to August 2, 1999. Consensus to continue 133 Glen Ridge Avenue to August 2, 1999. Mr. Attaway recused. STACIA STREET 169/PRJ-99-023/RESIDENTIAL/APPEAL (21.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision denying an application to subdivide a lot into three parcels on property zoned R-1:10. Project application PRJ-99-023. Property location: 169 Stacia Street. Property owner/applicant/appellant: Randy and Darlene Nelson. The following people from the audience spoke to this issue: Randy Nelson, 169 Stacia Street, stated that he was seeking approval to proceed to the next step for Architecture and Site approval. Mr. Nelson assured the Council that they have followed the Town process completely and have done everything they have been asked to do. He stated that all reports have shown no significant problems and he has included the neighbors from the onset. Norman Mattioni, 1740 Technology Drive, San Jose, Attorney for the appellant, gave a brief history of the project and explained that the primary concern was the steep nature of the property. Mr. Mattioni explained the configuration of the property, relationship to the street, the driveway, and the different grades of each lot. He stated that the least intrusive areas have been chosen for proposed development and the applicant has engaged Terrasearch, Inc. to provide a preliminary geo-technical report for the site. Mr. Mattioni stated that they would be willing to do a detailed, geo-technical investigation, and would accept this as a specific requirement. He explained the square footage of the lots and stated that the rezoning findings are consistent with the General Plan and the characteristics of the slope and neighborhood. Mr. Mattioni explained in detail the proposed driveway which would eliminate a cut in the steeper bank and provide better control for water run off from the site. HEARINGS CONTINUED STACIA STREET 169/PRJ-99-023/RESIDENTIAL/CONT. Speakers continued: Tom Makdissy, 18228 Seebree Lane, Monte Sereno, representing Terrasearch, Inc., stated that he knows the area well, has looked at the site, and compared the area with geo-technical maps. He stated that their findings indicated that the site was suitable for the proposed project. Mr. Makdissy reiterated that the site was stable and explained the bed rock formation which he feels also improves the drainage. Mr. Makdissy stated that the site is an easy one to develop compared to other sites and is quite stable if developed properly. He stated that he is recommending that an in-depth geo-technical report be completed and then he would be able to make a recommendation for drainage, foundation, grading, and erosion control. Dave Flick, 130 Stacia Street, stated that he has constructed most of the new houses on this street and confirmed that the shale can be cut without any problems and is an ideal surface to build on. Mr. Flick stated it was a very hard surface and looks a lot steeper from the road. He explained that he has the same amount of slope on his property and he feels the lot is capable of handling the development. Mr. Flick would like to see the plans for both houses submitted to Architecture and Site at one time. Bill Wayker, 179 Stacia Street, stated that he owns the driveway and supports the project and the use of his driveway. Mr. Wayker feels the project will be a good addition to the Town. John Davies, 110 Alta Heights Court is concerned about the slope which is right above his property. Mr. Davies read a portion of the EIR for this project and reiterated that he has serious concerns about the 65% slope which is directly above his property. Diane Galatier, 108 Alta Heights Court, is not in favor of the project and is concerned about the drainage problems. She stated that she is concerned about the growth in Los Gatos and requested that the Council deny this appeal. Tony Jeans, 170 Stacia Street, supports the project and stated that he has never seen any problems with this slope. Mr. Jeans stated that the project will improve the driveway and the drainage system and he is looking forward to seeing two nice homes across the street from him. Danny Harris, is looking forward to his future in Los Gatos and building two homes for family members. Mr. Harris believes that two smaller homes will keep the character of the neighborhood. Mr. Matteoni referred to the 65% slope and stated that this area is far removed from the construction area for the two homes. He explained that this was done to avoid cutting the steeper slope. He explained the trees that will be removed and stated that these eight trees will be replaced and, in addition, there are approximately 100 trees in that area which will be preserved and provide screening. Mr. Matteoni explained that the design of the houses will blend and take advantage of the natural setting. There was no one else in the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mr. Attaway to close the Public Hearing. Carried unanimously. Mrs. Lubeck questioned adding a condition relative to a detailed, geo- technical review, and the request that applications for Architecture and Site be presented for both houses at the same time. HEARINGS CONTINUED STACIA STREET 169/PRJ-99-023/RESIDENTIAL/CONT. Mr. Curtis explained the process relating to approval of the tentative map. Mr. Curtis explained that the Staff and the applicant will both be aware of the request to approve both houses through one A & S application. Mr. Attaway stated that he voted against the zone change because he did not believe it was right for the neighborhood. Mr. Attaway feels the applicant has tried to demonstrate that the sub-division does fit into the neighborhood, however, he feels it would be poor planning to allow property, with shared driveways, which could start a president. Motion by Mr. Attaway to uphold the Planning Commission decision and deny the appeal. Motion Fails for lack of a second. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to grant the appeal and overturn the Planning Commissions decision and adopt the Conditions of Approval contained in the April 14, 1999 Planning Commission report regarding this application (Exhibit A) Mrs. Lubeck stated that when the zoning was considered the physical attribute of the site were also considered. She feels that the building envelop is not on the slope area and the slope FAR will limit the size of the houses to be constructed on the two lots. Mrs. Lubeck feels that the driveway configuration is preferable to cutting the grade. Mr. Pirzynski questioned the part the geo-technical report will play after granting the sub-division and stated that he is not absolutely convinced that this is appropriate. However, he feels if significant issues arise, they will be addressed by the applicant. Mr. Korb explained that the Subdivision Map Act does create legal lots but does not necessarily mandate buildable lots. He stated that a lot line adjustment can be done with existing parcels as long as the number of parcels are not increased or decreased. Mayor Hutchins will support the motion because of Mr. Flick's expert testimony. Carried by a vote of 4 ayes. Mr. Attaway voted no. DOWNTOWN SPECIFIC PLAN AMENDMENT/DSP-99-001/PUBLIC HEARING (22- 46) PARKING STRUCTURES/RESOLUTION 1999-108 Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider adopting a resolution amending Section IV of the Downtown Specific Plan concerning parking structures. This project is consistent with the Environmental Impact Report and Negative Declaration previously adopted for the Downtown Specific Plan and the Downtown Parking Improvement Program and will not have a significant Environmental Impact. Downtown Specific Plan Amendment, DSP-99-001. Applicant: Town of Los Gatos. The following person from the audience spoke to this issue: Larry Arzie, 18000 Overlook Road stated that the only reason to change the Downtown Specific Plan was to get a second story on the Farwell property behind Mountain Charly's. Mr. Arzie does not want the 4 foot grade restriction dropped for Lot 2. Mr. Arzie reiterated that he is in favor of the second story parking structure planned for Lot #13 and wishes that private parking lots had been considered in the proposed Resolution. There was no one else from the audience to speak to this issue. HEARINGS CONTINUED DOWNTOWN SPECIFIC PLAN/PARKING STRUCTURES/RESOLUTION 1999-108/CONT. In depth discussion followed which included the process and interpretation of "at grade" which the amendment has been subjected to by the General Plan Committee, the Planning Commission, and Town Council public hearings. Mr. Piper clarified that the consensus, regarding Lot 2, is to follow the natural grade which currently exists on the site as much as possible. He stated that Staff will return with designs that meet this criteria. Motion by Mrs. Lubeck, seconded by Mr. Blanton to affirm the Planning Commission's finding that the proposed amendment is consistent with the 1982 Environmental Impact Report prepared for the Downtown Specific Plan and the Negative Declaration/Initial Study prepared for the 1987 Downtown Specific Plan Amendment/Parking Improvement Plan; find that the proposed amendment is internally consistent with the Downtown Specific Plan, General Plan, and Downtown Redevelopment Plan; and adopt Town Resolution 1999-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDMENTS TO SECTION IV OF THE DOWNTOWN SPECIFIC PLAN CONCERNING PARKING STRUCTURES. Carried unanimously. BUILDING REGULATIONS/AMENDING TOWN CODE/ORDINANCE INTRODUCTION (23.46) Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried unanimously. The Senior Deputy Clerk read the title. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, and approve Notice of Public Hearing. Carried unanimously. ACCEPT MEETING CALENDARS/JULY AND AUGUST (02.10) Motion by Mrs. Lubeck, seconded by Mr. Blanton to continue this matter to July 19, 1999, and to reschedule the meeting of November 15, 1999 to November 22, 1999. Carried unanimously. COUNCIL COMMITTEE REPORTS (24.10) Mrs. Lubeck reported on KCAT and TCI issues. Mr. Blanton reported on the Conference of Mayors. Mrs. Lubeck reported on the JPA relating to solid waste management. Mr. Pirzinski reported on the Bicycle Coalition and the Emergency Manager's Council. OTHER BUSINESS Mr. Attaway questioned the concern regarding the crosswalk at Old Town, and Mayor Hutchins stated that the matter was agendized for July 19, 1999. Mr. Piper introduced and welcomed Paul Curtis, Director of Community Development. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 10:10 p.m. ATTEST: MarLyn J. Rasmussen, CMC Senior Deputy Town Clerk