1999-132-Remanding The General Plan Amendment To Change The Land Use Designation From Low Density Residential To Medium Family ResidentialRES®~~JTg®I~T fl999 - ~~~
RESOLLTT'ION REMANDING A GENERAL PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM FAMILY
RESIDENTIAL, AND A PLANNED DEVELOPMENT TO CHANGE THE ZONING
DESIGNATION FROM R-1:8 AND RM:S-12 TO RM:S-12:PD TO CONSTRUCT Sb
APARTMENT UNITS
DEVELOPMENT APPLICATION: DEV-99-001
NEGATIVE DECLARATION: ND-9~-0013
PROPERgTjY~L~]O~~CATIOgNj: 6157jELOSSOM HILL RO$ADA~N~$D PLA~]CE~R7~7OAFS R~O5 A~Dy ~"4
PR®PERT ]~ ®VO' 1VER. LI tl E OAA1 APARTMENTIJ, ~IA.eL ~bOL~CO, VQ' A ll ASE LEP®13A p/ I'a/
APPELLANT'/APPLICANT: Cf1PERTINO DEVELOPMENT CORPORATION
WH>FJL~AS;
A. This matter came before the Council for public hearing on August 2, 1999, on an
appeal by Cupertino Development Corporation from a decision of the Planning Commission and
was regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellant and
all interested persons who wished to testify or submit documents. The Council considered all
testimony and materials submitted, including the record of the .Planning Commission proceedings
and the packet of material contained in the Council Agenda Report dated July 27,1999, along with
subsequent reports and materials prepared concerning this application,
C. Applicants are requesting (1) a General Plan Amendment to change the land. use
designation on the northwestern portion of the site; (2) a rezoning, and (3) a lot split, separating the
eastern developed portion. Approval of the requested action would allow the applicant to construct
56 apartment units on approximately 4.93 acres on a 12.63 acre site consisting of four parcels. Of
these four parcels, the two northern parcels are undeveloped, the southern two parcels are developed
with the existing Los Gatos Oak Apartments, and Live Oaks Apartments.
r
D. On IVlarch 24, 1999 the Planning Commission recommended denial of the
.Development Application after a lengthy public. input process based on the applicant's inability to
adequately address the concerns related to the number of units and the design of the project.
E. Council finds pursuant to Town Code section 29.20.300 that new information was
submitted to the Council during the requested hearing that was not readily available at the time of
the .Planning Commission review.
RES®IJVED;
That Development Application DEV-99-001 and Negative Declaration ND-98-0013 are
therefore remanded to the Planning Commission for reevaluation of the plans and design with
reference to the noise wall, parking and traffic issues, and the number of apartment units.
PASSED AND ADOI''TED at a regular meeting of the 'Town Council of the Town of I,os
Gatos, California, on the 7`" day of September, 1999 by the follov~ing vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steven Blanton, Linda Lubeck, Joe Pirzynski,.
Mayor Jan 1=Iutchins
None
Dandy Attaway
None
SIGNED'.
ATTESTe ~~
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