2004-040- Denying A Zone Change Request Of A Planned Development From Ch To Ch:Pd To Construct An Office Building And Architecture And Site Approval To Demolish A Single Family ResidenceRESOLUTION 2004 - 40
RESOLUTION GRANTING AN APPEAL OF THE PLANNING COMIVIISSION
DENYING A :ZONE CHANGE REQUEST OF A PLANNED DEVELOPMENT
FROM CH'TO CH:PD TO CONSTRUCT AN OFFICE BUILDING AND
ARCHITECTURE AND SITE .APPROVAL TO DEMOLISH
A SINGLE FAMILY RESIDENCE
PLANNED DEVELOPMENT APPLICATION: PD-04-2
ARCHITECTURE AND SITE APPLICATION: 5-04-5
NEGATIVE IDECLARATION: ND-04-1
PROPERTY LOCATION: 15047 LOS GATOS BOULEVARD
ASSESSOR'S PARCEL NUMBER: 424-07-087
APPLICANT: JOHN LIEN, ARCHITECT
PROPERTY OWNER /APPELLANT: JOSCO PROPERTIES
WHEREAS:
A. This matter came before Council for public hearing on March 15, 2004, on an appeal
by JOSCO Properties, property owner/appellant, from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. Council received :testimony and docurnentary evidence from the appellant and all
interested persons who wished to testify or submit documents. 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 March 10, 2004 and Desk Item Report dated March
15, 2004 along with subsequent reports and materials prepared concerning this application.
C. The applicant seeks Architecture and Site .and Planned Development approval to
demolish asingle family residence and to const~~:lct a two-story medical office building with on-site parking
and an underground garage at 15047 Los Gatos Boulevard. The property is a .92 acre parcel located along
the west side of Los Gatos Boulevard, between Bennett Wayand Noddin Avenue.
D. The Planning Commission considered this matter on January 28, 2004. The full
Commission was not present at the meeting and lacked a majority sufficient to take .action on a substantive
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amendment to the Zoning ordinance. The Commission, therefore, voted to deny the Architecture and Site
application and to recommend denial of the Planned Development application in order to allow the project
to proceed to Council for its review.
E. Appellant claims that the Planning Commission decision because he believes that the
Commission did not have the discretion to deny the applications.
F. Council finds as follows:
Pursuant to Town Code section 29.20.300, the applications present an issue or policy
over which the Commission did not have discretion to modify or address, but which is vested in the Town
Council for modification or decision; to wit, the applications raise concerns over the interpretation of policy
regarding the appropriate mix of land uses in the "North Forty" area of Los Gatos Boulevard, specifically,
whether medical office use is appropriate without ground floor retail uses, as was proposed by the appellant,
or whether some ground floor retail as is necessary as contemplated in the existing Draft North 40 Specific
Plan. In the context of these applications, Council finds that ground floor retail uses are not required.
2. Pursuant to Town Code section 29.10,09030(e), the considerations for approval for
the demolition of a single :family residence have been made.
Pursuant to the Town's In-fill Policy and Traffic Impact Policy, the proposed project
will contribute to the further development of the North Forty area and will eliminate the blight associated
with this currently underdeveloped .area. The project will blend with the evolving character of the
surrounding area and will help retain and .promote important medical services in the Town.
4. Pursuant to the Town's General Plan, the proposed Zone Change is consistent-with
the Plan and its elements.
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RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application 5-04-5
is granted. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by Section 1.10:085 of the Town Code of the Town of Los Gatos. Any
application for judicial relief from this decision must be sought within the time limits and pursuant to the
procedures established by Code of Civil Procedure Section 1094.6,. or such shorter tune as required by state
or federal law.
FURTHER RESOLVED:
Notwithstanding the Planning Commission .decision to recommend denial, Planned Development
Application PD-04-2 is approved, as demonstrated by the action concurrent herewith adopting an ordinance
amending the Zoning Ordinance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 6tl' day of April, 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN:. None ~~
SIGNED.:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFOP~NIA
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