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1996-102-Deny A Request For Consideration Of A General Plan Amendment From Light Industrial To medium Density ResidentialRESOLUTION 1996 -102 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR CONSIDERATION OF A GENERAL PLAN AMENDMENT FROM LIGHT INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL (5 -12 UNITS /ACRE) AND A CHANGE IN ZONE FROM LM TO R- M:5 -12:PD TO PERMIT THE CONSTRUCTION OF A 23 -UNIT DETACHED RESIDENTIAL PLANNED DEVELOPMENT WITH 3 BELOW MARKET RATE PRICED UNITS FOR A TOTAL OF 26 RESIDENTIAL UNITS ON A 3.1 ACRE LOT. GENERAL PLAN AMENDMENT GP -95 -1. ZONE CHANGE APPLICATION Z -95 -3. PROPERTY LOCATED AT 742 UNIVERSITY AVENUE. PROPERTY OWNER: DONALD FITZGERALD. APPLICANT AND APPELLANT: THE RIDING COMPANY, BY TOM QUAGLIA. WHEREAS: A. This matter came before the Council for public hearing on July 1, 1996, on an appeal by the applicant 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 and documents attached to the Council Agenda Reports dated June 20 and July 1, 1996, concerning this application. C. In spite of recent erosion, Los Gatos has been able to sustain a diversity of resident - serving businesses and to avoid becoming a bedroom community. If this property were to be reclassified and rezoned as residential, it would be lost to business use forever. D. The property is located adjacent to and near businesses and offices that were developed in reliance on the current zoning in the area, and that would probably be subject to complaints by residents of the proposed residential project. E. The Planning Commission's decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on General Plan Amendment GP -95 -1 and Zone Change Application Z -95 -3 is therefore denied. This decision constitutes a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of August, 1996 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linds Lubeck NAYS: None ABSENT: Patrick O'Laughlin ABSTAIN: None NASIIARPATY080521