1998-130-Denying A Request For A Conditional Use Permit And Architecture And Site Application To Demolish A Pre-1941 Building And Construct A New Mixed-Use Building Containing Retail And Residential Uses On Property Zoned C-1RESOLUTION 1998 - 130
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST FOR A CONDITIONAL USE PERMIT AND ARCHITECTURE
AND SITE APPLICATION TO DEMOLISH A PRE -1941 BUILDING AND CONSTRUCT A
NEW MIXED -USE BUILDING CONTAINING RETAIL AND RESIDENTIAL USES ON
PROPERTY ZONED C -1.
PROJECT APPLICATION: PRJ -97 -190
NEGATIVE DECLARATION: ND -98 -0003
PROPERTY LOCATION: 518 N. SANTA CRUZ AVENUE
APPLICANT/PROPERTY OWNER: KENNETH M. BLACKWELL, INC.
APPELLANT: GREG BLACKWELL
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A. This matter came before the Council for public hearing on July 20, 1998, on an appeal
by Greg Blackwell 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 applicant 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 20, 1998, concerning this application.
C. On November 11, 1997, the Development Review Committee deemed the application
incomplete and the applicant submitted revised plans which were considered on February 24, 1998.
The final Initial Study and Negative Declaration was received on May 18, 1998 and completed. The
Development Review Committee forwarded the matter to the Planning Commission and
recommended denial.
D. On June 24, 1998 the Planning Commission denied the application to demolish a pre-
1941 building and construct a new mixed -use building containing retail and residential. The
Commission denied the application due to the mass, size, scale of the building; the need for alternate
parking, the need for a noise study and the retail and residential mix.
E. Appellant is appealing the Planning Commission's decision because they believe the
Planning Commission erred or abused its discretion and erroneously assumed that the Blackwell
Brothers were inflexible to making design changes.
F. The Planning Commission did not have the discretion possessed by the Town Council
to modify current Town policies regarding, or otherwise address the need for, alternate parking or
the proposed retail and residential mix.
G. The project is remanded to the Planning Commission for further consideration.
1. The appeal of the decision of the Planning Commission on Project PRJ -97 -190 is
therefore granted and is remanded to the Planning Commission with the following direction:
a. Overall concept of lot line to lot line structure with pedestrian access, but no
vehicular access from North Santa Cruz Avenue, and with retail in the front and parking in
the rear, is approved as acceptable direction for the site and for future development on that
portion of North Santa Cruz Avenue;
b. Planning Commission to review all architectural issues with direction to:
(1) Utilize elements of historic replication; and
(2) Review the design of the pedestrian access to avoid a tunnel effect;
C. Developer to provide signage to direct vehicles to parking in rear via
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Industrial Way,
2. 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 fox-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
time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of August, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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