1991-269-Approving Amendment To A Previous Approval For Residential Condominums On The Second Floor And Approval Of Plans For Exterior And Interior ModificationsRESOLUTION 1991 -269
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT
TO A PREVIOUS APPROVAL FOR RESIDENTIAL CONDOMINIUMS
CHANGING THE NUMBER OF RESIDENTIAL CONDOMINIUMS ON THE
SECOND FLOOR AND APPROVAL OF PLANS FOR EXTERIOR AND
INTERIOR MODIFICATIONS TO AN EARTHQUAKE DAMAGED HISTORIC
COMMERCIAL BUILDING IN THE C -2 -LHP ZONE; CONDITIONAL USE
PERMIT APPLICATION EU- 91 -9A; ARCHITECTURE AND SITE
APPLICATION ES- 90 -23A
(131 W. MAIN STREET/OWNER: IAN MACRAE)
WHEREAS:
A. Ian Macrae, owner and applicant, has requested an amendment to previously
approved residential condominiums changing the number of residential condominiums on
the second floor and approval of plans for exterior and interior modifications to an
earthquake damaged historic commercial building in the C -2 -LHP zone (Conditional Use
Permit EU -91 -9A and Architecture and Site Application ES -90 -2313). Property located at
131 W. Main Street;
B. The property was damaged in the October 1989 Loma Prieta Earthquake;
C. Appellant is proposing to do a seismic retrofit, repair, and renovation of the
property at 131 West Main Street as a part of the proposed project;
D. The Earthquake Restoration Committee considered the application on October
1, 1991 and recommended that the Town Council grant the amendment to the Conditional
Use Permit Application EU -91 -9A and Architecture and Site Application ES -90 -238; and
E. A public hearing before the Town Council was held on November 18, 1991.
RESOLVED:
A. The Town Council hereby makes the following findings pursuant to Zoning
Ordinance Section 56.20.210 for the granting of the Conditional Use Permit as follows:
1. The proposed uses are desirable to the public convenience because additional
housing will be provided in the downtown, and retail and office space will be
made available for merchants;
2. The proposed uses will not impair the integrity and character of the zone
because there are other similar and compatible uses in the area, and retail,
office and residential uses are allowed in the C -2 zone;
3. The proposed uses will not be detrimental to the public health, safety or
general welfare because the conditions of this permit are intended to remove
any unforseen impact on the nearby neighborhood; and,
4. The proposed uses of the property are in harmony with the various elements
and objectives of the Zoning Ordinance, the Downtown Specific Plan and the
General Plan in that office and retail uses have operated in this location
previously, and residential units are a desirable commodity in the Downtown.
B. Based on the foregoing findings the Town Council grants Conditional Use
Application EU -91 -9A and Architecture and Site Application ES- 90 -23B subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Any structural or exterior modifications must comply with the Secretary of the
Interior Standards and have prior approval of State Office of Historic
Preservation.
2. The lineal frontage for the office use shall not exceed 38 lineal feet which is
the amount of frontage previously attributed to the Chamber of Commerce
office.
3. A subdivision application shall be filed with the appropriate filing fees to
create the condominiums.
4. The property owner shall pay an in -lieu fee of a Below Market Price unit
which shall be equal to six percent of the Building Permit valuation
determined by the Director of Building Services.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
5. The building shall meet all exiting requirements as specified in the Uniform
Building Code, 1988 Edition.
6. The proposed walkway to the rear of the building shall be handicap accessible.
TO THE SATISFACTION OF THE TOWN ENGINEER:
7. Any sections of curb and gutter along the Montebello Way frontage of this
property that are currently broken or raised, or any sections damaged during
construction, shall be replaced. All of the curb along the Main Street
frontage of this property shall be removed and replaced with Town standard
curb and gutter.
8. Any section of the sidewalk along both the Montebello Way and Main Street
frontages of this property that is currently broken or any section that is
damaged during construction shall be removed and new sidewalk in the Villa
Hermosa theme shall be constructed.
9. If the existing wheelchair ramp at the curb return is damaged during
construction, it shall be removed and replaced with a new ramp meeting
current local and state standards.
10. The existing sanitary sewer lateral shall be televised and approved by West
Valley Sanitation District prior to reuse.
11. A sanitary lateral cleanout shall be installed at the property line.
12. Any new sanitary sewer lateral that is installed to serve this building shall be
connected to the sewer main within Main Street.
13. Final frontage improvement and alley improvement plans shall be submitted
to the Engineering Department.
14. All work in the public right -of -way will require a Construction Encroachment
Permit.
15. All utilities serving this building shall be underground.
C. The Town Council further finds that the requirement for open space for the
residential condominiums is hereby waived.
3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of December, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Brent N. Ventura
NAYS: Randy Attaway, Mayor Eric D. Carlson
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Gi t .cr U
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
0