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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