1994-164-Deny A Request To Merge Two Lots Into One Lot , The Further Subdivide That Lot Into Four LotsRESOLUTION 1994 -164
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY
A REQUEST TO MERGE TWO LOTS INTO ONE LOT, THEN TO FURTHER
SUBDIVIDE THAT LOT INTO FOUR LOTS, AND TO PARTIALLY DEMOLISH
AN EXISTING MORTUARY STRUCTURE TO PERMIT IS CONVERSION INTO A
SINGLE - FAMILY RESIDENCE ON PROPERTY IN THE R -1 -D ZONE
SUBDIVISION APPLICATION M -94 -8
ARCHITECTURE AND SITE APPLICATION 5 -94 -44
(PROPERTY ADDRESS: 300 W. MAIN STREET
PROPERTY OWNERS: DAVE FLICK)
WHEREAS:
A. This matter came before the Council for public hearing on November 7, 1994,
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 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 packet attached to the Council Agenda Report
dated October 26, 1994, concerning this application.
C. The Planning Commission's discussion of the policy concerns involved in Floor
Area Ratio and its applications to projects involving preservation of historic or
nonconforming ,existing structures was of great assistance in the Council's review of this
matter.
D. The proposed project and parcel map would provide a significant benefit to
the surrounding neighborhood and the community.
E. The proposed project and parcel map would result in creation of reasonably
sized lots, reasonably sized residences, save a historic structure, and remove commercial
attachments to that structure.
F. The proposed subdivision meets the requirements of Government Code §
66474 of the State Subdivision Map Act, in particular that it is consistent with the Los Gatos
General Plan, the subdivision is physically suitable for the development, the subdivision is
not likely to cause environmental damage or pubic health problems, and the subdivision will
not conflict with public easements.
G. Pursuant to Town Code § 29.10.0930(e), demolition of the chapel portion of
the mortuary and the structures of the historic building can and should be approved because
those aspects are not necessary to renovation of the historic structure. In reaching this
decision, the Council has considered maintenance of the Town's housing stock, preservation
of the historical and architecturally significant nature of the mortuary, the property owner's
desire and capacity to maintain the mortuary, and the economic utility of the structures to
be demolished, and concludes that removal of the chapel portion and the accessory
structures will enhance the residential character of the building. This demolition will result
in more affordable housing while saving a historic structure and making a livable and viable
residence.
H. Pursuant to Town Code § 29.40.075, the Floor Area Ratio (FAR) of Lot 1
may be exceeded because:
1) The design theme, sense of scale, exterior materials, and details of the
proposed project are consistent with adopted residential standards because the
themes, square footage, and details are consistent with the Almond Grove
Neighborhood and the areas along West Main Street and Tait Avenue.
2) The lot coverage, setbacks, and FAR are compatible with development on
surrounding lots in that the coverage and setbacks are identical or similar to those
on surrounding lots, the proposed FAR for Lots 2, 3, and 4 meets the FAR
guidelines of the Town, and the FAR for the remaining historic structure on Lot 1
will be approximately the same on the new lot as it currently exists.
I. The Planning Commission erred only in applying the FAR as a strict guideline
to existing structures in this particular application.
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RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision
Application M -94 -8 and Architecture and Site Application S -94 -44 is granted.
2. The application for approval to merge two lots into one lot and then to further
subdivide that lot into four lots through a parcel map is approved subject to the conditions
specified in Exhibit A hereto.
3. The application for architecture and site review to permit demolition of an
historic structure is approved subject to the conditions that the Development Review
Committee shall impose pursuant to the Town Code and Town policies.
4. The applicant shall meet with Town Staff to determine how best to provide
parking on Lot 1 consistent with the Town Code and Town policies. Should Town Staff and
the applicant be unable to find a solution to providing the off - street parking that is
satisfactory to the applicant, the applicant may request that issue only to be considered by
the Council. If a solution is found, Town Staff shall report to the Council the nature of the
resolution, but unless required by the Code, no further hearing by the Council is necessary
5. This decision does not and shall not constitute any precedent for demolition
of historic structures or portions thereof, nor of exceeding the FAR in any instance other
than as specifically permitted under this approval, and the Town shall continue to examine
any such request on a specific site and design basis under the Town Code and Town
policies.
This 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 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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 21st day of November, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
I
Pl.
SIGNED: j' � >
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE 'TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
In
EXHIBIT A
CONDITIONS OF APPROVAL OF
SUBDIVISION M -94 -8
300 W. MAIN STREET
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Engineering Development Section)
1. Submit plans for curb, gutter, sidewalk, disabled access ramp, driveways and
utilities.
2. A well information questionnaire (available through Counter Technician) shall be
completed.
3. A parcel map shall be filed.
4. The following shall be dedicated:
West Main Street. The chord of a 20 -foot radius return at the intersection
with Tait Avenue.
5. The following shall be guaranteed by contract, Faithful Performance Security and
Labor & Materials Security, and completed before occupancy of any new building:
a. Curb, gutter, disabled access ramp, street light, signing, striping, storm and
sanitary sewers, as required.
6. Provide all documents, contracts, security, and fees, as applicable, before map is
recorded.
7. Provide insurance holding the Town harmless before recording the map.
8. Provide underground cable television service to all new lots.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
9. Sanitary sewer laterals are to be televised by West Valley Sanitation District and
approve by the Town of Los Gatos before they are used or reused.
10. Install sanitary sewer lateral clean -outs at the property line.
A -1