1998-060-Denying An Appeal Of Planning Commission Decision To Make A Negative Declaration Concerning The Environmental Impacts Anf Approve A Conditional Use Permit To Construct A New Mixed Use BuildingRESOLUTION 1998 - 60
ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION TO MAKE A NEGATIVE DECLARATION CONCERNING THE
ENVIRONMENTAL IMPACTS AND APPROVE A CONDITIONAL USE PERMIT TO
CONSTRUCT A NEW MIXED USE BUILDING CONTAINING OFFICE AND
RESIDENTIAL USES WITH ALTERNATING PARKING USE, AND DENIAL OF A
VARIANCE TO REDUCE THE REAR YARD SETBACK AND INCREASE ALLOWABLE
FENCE HEIGHT ON PROPERTY ZONED C -2.
PROJECT APPLICATION: PRJ -97 -162
NEGATIVE DECLARATION: ND -97 -012
VARIANCE APPLICATION: V -97 -5
PROPERTY LOCATION: 223 W. MAIN STREET
PROPERTY OWNER/ APPLICANT: SUSAN FARWELL
APPELLANT: GLEN E. THOMPSON (WILLOW STREET PIZZA) AND LEONARD
CROSBY (PARK VIEW VILLAGE ASSOCIATION)
WHEREAS:
A. This matter came before the Council for public hearing on April 20, 1998, on an
appeal 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 appellants, 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 April 14 1998
and the Desk Item dated April 20, 1998, concerning this application.
C. On December 10, 1997 the Planning Commission reviewed the request for
Architecture and Site Approval, a Conditional Use Permit to construct a mixed use building
containing office and residential and allow alternating parking uses and a variance to reduce the rear
yard setback and increase the allowable fence height. The public hearing on the application was
continued to January 28, 1998 for revision of the Initial Study to address potential environmental
impacts resulting from the conversion of the subject site from its current use as a parking lot. This
matter was continued again to February 25, 1998.
D. On February 25, 1998, the Planning Commission reviewed the revised environmental
documents and received additional public testimony. The Commission made the Negative
Declaration, made the required findings and approved the requested Conditional Use Permit, denied
the variance request, and continued the public hearing on the Architecture and Site Application to
March 25, 1998 in order to allow time for redesign. The Commission approved the Architecture and
Site application with revised design at the March 25, 1998 meeting.
D. Appellants are appealing the Planning Commission's decisions making the Negative
Declaration and approving the Conditional Use Permit. Approval of the Architecture and Site
Application was not appealed. Appellants allege that the Commission erred in not requiring an
Environmental Impact Report.
E. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -97 -162 is
therefore denied.
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 for judicial relief from this decision must besought 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 4th day of May, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Mayor Linda Lubeck.
NAYS: Randy Attaway
ABSENT: None
ABSTAIN: Jan Hutchins /�
SIGNED:o✓ �1 r
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA