1991-147-Granting A Conditional Use Permit For A Change Of Use Of The Second Floor From Office To Residental Condominums In An Earthquake Damaged Historic Commercial Building In The C-2 LHP Zone,RESOLUTION 1991 -147
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS GRANTING A CONDITIONAL USE PERMIT FOR
A CHANGE OF USE ON THE SECOND FLOOR FROM OFFICE
TO RESIDENTIAL CONDOMINIUMS IN AN EARTHQUAKE DAMAGED
HISTORIC COMMERCIAL BUILDING IN THE C -2 LHP ZONE,
CONDITIONAL USE PERMIT APPLICATION EU -9 -9; AND REMANDING
ARCHITECTURE AND SITE APPLICATION ES- 90 -23A TO THE
EARTHQUAKE RESTORATION COMMITTEE
(131 WEST MAIN STREET /OWNER DR. PHILIP SCOTT
AND APPELLANT IAN MACRAE)
WHEREAS:
A. Ian Macrae, appellant, has requested approval for a change of use on the second
floor from office to residential condominiums in an earthquake damaged historic
commercial building in the C -2 -LHP zone. Conditional Use Permit Application EU -91-
9 and Architecture and Site Application ES -90 -23A. Property is located at 131 West Main
Street.
B. The property was damaged in the October 1989 Loma Prieta Earthquake.
C. Appellant is proposing to do a seismic retrofit and repair the property at 131
West Main Street as part of the proposed project.
D. The Earthquake Restoration Committee considered the proposed project on May
23, 1991 and June 6, 1991.
E. A public hearing before the Town Council was held on June 17, 1991.
BE IT RESOLVED:
A. Pursuant to Zoning Ordinance section 5.20.210 the Town Council hereby grants
the Conditional Use Permit EU -91 -9 based on the following findings:
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;
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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 public health, safety or general
welfare because the conditions of the permit are intended to reduce 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.
C. The Town Council further finds that the requirement for handicap accessibility
and open space requirement for the residential condominiums is hereby waived.
D. The Town Council grants Conditional Use Permit EU -91 -9 subject to the
following conditions:
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
1. The building shall meet all exiting requirements as specified in the Uniform
Building Code, 1988 Edition.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
2. Any exterior modifications must comply with the Secretary of the Interior
Standards.
E. The Town Council hereby finds that the issue of the Architecture and Site
Application ES- 90 -23A is remanded to the Earthquake Restoration Committee for further
consideration of conditions prior to approval, by the Town Council. Restoration of the
historic project property facade shall be project priority.
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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 1st day of July, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson,
and Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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