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1997-118-Denying An Architectural And Site Application, And Remanding To The Planning Commission For Further Consideration That Architectural And Site Application To Construct A New Retail And Office Building On Property Zoned C-1RESOLUTION 1997 - 118 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION TO DEMOLISH A PRE -1941 RESIDENCE, AND DENYING APPEAL OF DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURAL AND SITE APPLICATION, AND REMANDING TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION THAT ARCHITECTURAL AND SITE APPLICATION TO CONSTRUCT ANEW RETAIL AND OFFICE BUILDING ON PROPERTY ZONED C -1. PROJECT APPLICATION: PRJ -97 -040 PROPERTY LOCATION: 634 N. SANTA CRUZ AVENUE PROPERTY OWNER /APPLICANT /APPELLANT: MICHAEL SHADMAN WHEREAS: A. This matter came before the Council for public hearing on October 6, 1997, on an appeal from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Planning Commission considered the application at a public hearing on August 13, 1997, which was continued to September 10, 1997 to allow the completion of a historical report. The Planning Commission denied the demolition application based on the historical significance of the existing house. The applicant was encouraged to incorporate the house into the design of the project, but the applicant did not believe this to be a viable option and requested action on the architectural and site application, which was denied by the Commission. The applicant timely appealed these actions to the Town Council. B. The Council received testimony and documentary evidence from the applicant and property owners 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 packets attached to the Council Agenda Reports dated September 29, 1997 concerning this application. C. The applicant is requesting approval to construct a new 6,580 square foot two story building for office and retail use on a 14,000 square foot lot. The project site is located at 634 North Santa Cruz Avenue, which is not in a historic district. A pre -1941 residence is currently on the site. The applicant asserts that the residence must be demolished because: (1) it would not be economically viable to incorporate into the project design; (2) there is no available location to relocate it; (3) it does not conform to the general commercial character of the neighborhood; (4) it is not historically significant; (5) it is structurally unsafe and hazardous. D. Pursuant to subsection (b)(1) of section 29.20.300 of the Town Code of the Town of Los Gatos, the Council finds that the Planning Commission erred in their decision as set forth in the following recitals: The Historical and Architectural Evaluation of 634 N. Santa Cruz Avenue in the Town of Los Gatos, County of Santa Clara, completed by Archives and Architecture, written by Glory Anne Laffey and Charlene Duval, dated September 4, 1997 ('Report"), concluded as follows: (a) The residence "does not appear to meet any of the criteria that would make it eligible for the National Register of Historic Places" and, based on a rating of the residence using Los Gatos Historical Resources Inventory Evaluation Criteria, "is not sufficient for listing at the local level.... (b) "[T]he house does contribute to the historic feeling of the town because of its age... [and i]f it were located in a historic neighborhood or district, the house would be eligible for listing as a contributing structure." (c) "A no project alternative would leave the residence in place. This alternative is not justified, however, because of the limited architectural contribution of the structure to the primary commercial streetscape." (d) "Redesigning the project to integrate the building into the project would provide for the preservation of the building, but would probably result in making the project economically unviable. As with Alternative 1, the limited architectural value, the added time and expense of redesign, and the added expense of stabilization and /or rehabilitation of the structure does not justify consideration of the alternative." 2. Based on the conclusions in the Report, the residence is not historically significant and the applicant should be permitted to demolish the residence. architecture. The residence is inconsistent with other neighborhood uses and 4. The residence is vacant and is not significant as housing stock. The residence has little economic utility. 6. The current condition of the residence could pose a safety hazard. E. With reference to the architectural and site approval, the Planning Commission was correct in its determinations. The applicant is willing to continue working with the Town to develop an approved design; therefore, the architectural and site approval application should be returned to the Planning Commission for further consideration. RESOLVED: The appeal of the decision of the Planning Commission on Project PRJ -97 -040 is granted in part regarding the demolition of a pre -1941 residence, and denied in part regarding the application for architectural and site approval. The application for architectural and site approval is remanded to the Planning Commission for further review. This decision does not and shall not constitute any precedent for any other demolition of a pre -1941 residence to construct a new retail and office building on property zoned C -1. The Town shall continue to examine any such request on a specific site, design, and historic use basis under the Town Code and Town policies. This decision constitutes a final administrative decision pursuant to Code of Civil Procedures 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 time as required by state or federal law. PASSED AND ADOPTED at a regular meeting g of the Town Council of the Town of Los Gatos, California held on the 20th day of October, 1997 by the following vote: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None ` SIGNED: /MAYOR OF THE TOWN(O LOS GATOS LOS GATOS, CALIFORNI ATTEST: CLERK OF THE TOWN OF LO GATOS LOS GATOS, CALIFORNIA