17 Desk Item - Estate of Zona Mae BoyerMEETING DATE: 12/7/98
ITEM NO.
COUNCIL AGENDA REPORT DESK ITEM
DATE: December 7, 1998
TO: MAYOR AND TOWN COUNCIL ff//
FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY4I�
SUBJECT: ADOPT RESOLUTION GRANTING AN APPEAL OF A DECISION FROM THE
PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT APPLICATION TO CHANGE THE ZONE FROM RM:5-12 LHP TO RM:5-
12 PD LPH TO DEMOLISH AN EXISTING PRE-1941 SINGLE FAMILY RESIDENCE,
REMODEL AN EXISTING SINGLE FAMILY RESIDENCE, AND CONSTRUCT 30
RESIDENTIAL UNITS. DEVELOPMENT APPLICATION: DEV-97-005, NEGATIVE
DECLARATION APPLICATION: ND-97-14, PROPERTY OWNER: ESTATE OF ZONA MAE
BOYER, APPLICANT/APPELLANT: BILL HIRSCHMAN/MAXIM INVESTMENTS
RECOMMENDATION:
Adopt resolution confirming Council action on November 16, 1998.
DISCUSSION:
The resolution distributed with the December 3, 1998 staff report contained two minor flaws: (1) Paragraph F omitted
references to additional community meetings and new information presented by the developer; and (2) Paragraph E
contained a typographical error repeating the words "and erred or abused its discretion" twice. The attached revised
resolution corrects both flaws.
Attachments: Revised resolution granting appeal of a Planning Commission decision
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
OPK/ct [N:ATYl330UNI V.DSK]
Reviewed by: Se -Manager Finance Revised: 12/7/98 11:52 am
Reformatted: 10/23/95 File# 301-05
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST FOR
APPROVAL OF A PLANNED DEVELOPMENT APPLICATION TO CHANGE THE ZONE
FROM RM:5-12 LHP TO RM:5-12 PD LPH TO DEMOLISH AN EXISTING PRE-1941
SINGLE FAMILY RESIDENCE, REMODEL AN EXISTING SINGLE FAMILY
RESIDENCE, AND CONSTRUCT 30 RESIDENTIAL UNITS
DEVELOPMENT APPLICATION: DEV-97-005
NEGATIVE DECLARATION APPLICATION: ND-97-14
PROPERTY LOCATION: 330 UNIVERSITY AVENUE
PROPERTY OWNER: ESTATE OF ZONA MAE BOYER
APPLICANT/APPELLANT: BILL HIRSCHMAN / MAXIM INVESTMENTS
WHEREAS:
A. This matter came before the Council for public hearing on November 16, 1998, 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 of material contained in the Council Agenda Report dated November 5, 1998,
addendum report dated November 12, 1998, and desk items dated November 16, 1998 concerning
this application.
C. Development Review Committee considered the application on September 9, 1997
and December 23, 1997 and deemed the application complete. The Initial Study and Negative
Declaration were received May 28, 1998. The Development Review Committee forwarded the
1
matter to the Planning Commission and recommended approval subject to conditions.
D. On June 24, 1998 the Planning Commission first considered the application to
demolish an existing pre-1941 single family residence, remodel an existing single family residence
and construct 30 residential units. The Commission continued the matter with the direction that
plans be redesigned and the application address various issues. Plans were revised, the number of
units reduced to 19 market rate, and two BMP units. Planning Commission reviewed revised plans
on August 26, 1998 and denied the application due to traffic impacts, in the number of BMP units
not meeting Town needs and topography issues.
E. Appellant is appealing the Planning Commission's decision because they believe the
Planning Commission erred or abused its discretion and failed to consider the community benefit
of the project.
F. While the Planning Commission rightly encouraged the applicant to meet with
neighbors to resolve issues related to the project, the Council believes that additional contact(s),
including a special study session with the Commission, may enable the parties to reach consensus
on the project. The fact that only one such additional meeting was held and was not well attended
by the community and that additional such meetings were not required constitutes a technical error
on the part of the Commission for purposes of Town Code §29.20.300(b). New information was
also presented by the developer indicating his desire to work more closely with the Planning
Commission and community on designing a better project.
G. The project is remanded to the Planning Commission for further consideration.
RESOLVED:
The appeal of the decision of the Planning Commission on Development Application DEV-
2
97-005 and Negative Declaration ND-97-14 is therefore granted and is remanded to the Planning
Commission with the following direction:
Developer and neighbors to meet with Planning Commission to
resolve issues relating to density, ingress and egress, parking and
community benefit.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the day of , 1998 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OPK:LMB/wp [N:WTY1330UNIV.RE2]
3
Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
SERVICES. INC. FOR PROJECT 9927 - TREE PRUNING AND REMOVAL IN AN AMOUNT
NOT TO EXCEED $45,940. Carried unanimously.
MARKET STUDY AND BUSINESS PLAN IN NORTH FORTY/RESOLUTION 1998-193 (15A.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-193
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH ECONOMIC RESEARCH
ASSOCIATES FOR CONSULTING SERVICES TO UPDATE THE MARKET STUDY AND
BUSINESS DEVELOPMENT STRATEGY REPORT FOR THE NORTH FORTY SPECIFIC
PLAN AREA. Carried unanimously.
GENERAL & SPECIFIC PLAN ENVIRONMENTAL REVIEW/RESOLUTION 1998-194 (15B.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-194
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH ROBERT BEIN, WILLIAM
FROST AND ASSOCIATES FOR CONSULTING SERVICES TO FACILITATE GENERAL
PLAN TASK FORCE II, COLLECT TECHNICAL DATA, PREPARE GENERAL PLAN
UPDATE AND NORTH FORTY SPECIFIC PLAN, AND PREPARE SEPARATE
ENVIRONMENTAL REVIEWS FOR THE GENERAL PLAN UPDATE AND NORTH FORTY
SPECIFIC PLAN. Carried unanimously.
FINAL MAP/TRACT 9122/14734 BLOSSOM HILL ROAD/RESOLUTION 1998-195 (16A.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-195
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF
TRACT 9122 ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO
SIGN THE CONTRACT. Carried unanimously.
WILLIAMSON ACT/CANCELLATION OF CONTRACTS/RESOLUTION 1998-196
TRACT 9122/14734 BLOSSOM HILL ROAD/APN'S 527-19-003,004,007 (16B.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-196
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
EXECUTE A CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT LAND
CONSERVATION CONTRACTS FOR PROPERTY AT 14734 BLOSSOM HILL ROAD.
SANTA CLARA ASSESSOR PARCEL NUMBERS; 527-19-003, 527-19-004, AND 527-19-007.
Carried unanimously.
UNIVERSITY AVENUE 130/PLANNED DEVELOPMENT/RESOLUTION 1998-197 (17.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-197
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION DENYING A REQUEST FOR APPROVAL OF A
PLANNED DEVELOPMENT APPLICATION TO CHANGE THE ZONE FROM RM:5-12 LHP
TO RM:5-12 PD LPH TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE, AND
CONSTRUCT 30 RESIDENTIAL UNITS, as show in the desk item of this evening and which
TC:DIO:MM120798
4
RESOLUTION 1998-193
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING AGREEMENT TO PREPARE
AN UPDATE OF THE
1991 FINAL MARKET STUDY AND BUSINESS DEVELOPMENT
STRATEGY REPORT FOR NORTH 40 SPECIFIC PLAN AREA.
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an agreement with Economic
Research Associates, to prepare an update of the 1991 Final Market Study and Business
Development Strategy Report for the North 40 Specific Plan Area and that the Town Manager is
authorized, and is hereby directed, to execute said agreement in the name and in behalf of the
Town of Los Gatos. The contract shall not exceed the amount of $27,250.00
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of December 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RESOLUTION 1998-194
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AN AMENDED AGREEMENT TO FACILITATE
THE GENERAL PLAN TASK FORCE II,
COLLECT TECHNICAL DATA, PREPARE GENERAL PLAN UPDATE
AND NORTH FORTY SPECIFIC PLAN, AND PREPARE
SEPARATE ENVIRONMENTAL REVIEWS FOR
THE GENERAL PLAN UPDATE AND NORTH FORTY SPECIFIC PLAN.
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into amended agreement with Robert
Bein, William Frost, and Associates, to facilitate the General Plan Task Force II, collect technical
data, prepare General Plan update and North Forty Specific Plan, and prepare separate environmental
reviews for the General Plan Update and North Forty Specific Plan and that the Town Manager is
authorized, and is hereby directed, to execute said agreement in the name and in behalf of the
Town of Los Gatos. The contract cost shall not exceed the amount of $432,596.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of December 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
Town Council Minutes December 7, 1998
Redevelopment Agency Los Gatos, California
MARKET STUDY AND BUSINESS PLAN IN NORTH FORTY/RESOLUTION 1998-193 (15A.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-193
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGERTO EXECUTE ANAGREEMENTWITHECONOMIC RESEARCH ASSOCIATES
FOR CONSULTING SERVICES TO UPDATE THE MARKET STUDY AND BUSINESS
DEVELOPMENT STRATEGYREPORT FOR THE NORTH FORTY SPECIFIC PLAN AREA.
Carried unanimously.
GENERAL & SPECIFIC PLAN ENVIRONMENTAL REVIEW/RESOLUTION 1998-194 (15B.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-194
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGERTO EXECUTE AN AMENDED AGREEMENT WITH ROBERT BEIN, WILLIAM
FROST AND ASSOCIATES FOR CONSULTING SERVICES TO FACILITATE GENERAL
PLAN TASK FORCE II, COLLECT TECHNICAL DATA, PREPARE- GENERAL PLAN
UPDATE AND NORTH FORTY SPECIFIC PLAN, AND PREPARE SEPARATE
ENVIRONMENTAL REVIEWS FOR THE GENERAL PLAN UPDATE AND NORTH FORTY
SPECIFIC PLAN. Carried unanimously.
FINAL MAP/TRACT 9122/14734 BLOSSOM HILL ROAD/RESOLUTION 1998-195 (16A.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-195
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF
TRACT 9122 ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO
SIGN THE CONTRACT. Carried unanimously.
WILLIAMSON ACT/CANCELLATION OF CONTRACTS/RESOLUTION 1998-196
TRACT 9122/14734 BLOSSOM HILL ROAD/APN'S 527-19-003,004,007 (16B.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-196
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYORTO
EXECUTE A CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT LAND
CONSERVATION CONTRACTS FOR PROPERTY AT 14734 BLOSSOM HILL ROAD,
SANTA CLARAASSESSOR PARCEL NUMBERS: 527-19-003, 527-19-004, AND 527-19-007.
Carried unanimously.
UNIVERSITY AVENUE 130/PLANNED DEVELOPMENT/RESOLUTION 1998-197 (17.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-197
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION DENYING A REQUEST FOR APPROVAL OF A
PLANNED DEVELOPMENTAPPLICATIONTO CHANGETHE ZONE FROM RM:5-12LHP
TO RM:5-12 PD LPH TO DEMOLISH AN EXISTING SINGLE FAMILYRESIDENCE, AND
CONSTRUCT 30 RESIDENTIAL UNITS, as show in the desk item of this evening and which
confirms Council's action on November 16, 1998. Carried unanimously.
CERTIFICATION OF GENERAL MUNICIPAL ELECTION/RESOLUTION 1998-198 (18.03)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-198
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING ELECTION
RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3,1998. Carried
unanimously.
TC: D I O: MM 120798 3
ACTION
AGENDA ITEM:
DESCRIPTION:
INTERNAL TRACKING
..OMPLETE AND INITIAL EACH S
/6')-
dO4fifili& /et0,1a/Cd •
RESO/ORD NUMBER: 1 ', g3
DATE
LIST IN BOOK
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED -
SUMMARY Y/N
%
DATE of Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
PROOF OF MAILING SENT:
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN OUR FILE.'ci,V
a
TED
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
clk fomrbrdhes2
INTERNAL TRACKING
..JMPLETE AND INITIAL EACH S.1 L$
A6/es
ACTION
AGENDA ITEM:
DESCRIPTION:
RESO/ORD NUMBER:
13
1r2)
DATE
LIST IN BOOK
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED -
SUMMARY Y/N
DATE of Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
0) i
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
PROOF OF MAILING SENT:
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN OUR FILE.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
cIkfom 1 ordraz
OFFICE OF THE TOWN CLERK
ORD iNCE,S & RESOLUTIONS
ORIGINATING DEPT: P
COUNCIL AGENDA DATE: I oZ -1- c
COUNCIL AGENDA ITEM: /5/4
SUBJECT: rn 1 .1c
Number:
Date of Adopt:
RESOLUTION
l gq?— /93
PUBLICATION REQUIREDI
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
aLQ
COUNCIL MEMBERS NAMES
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
Randy Attaway, Joanne Benjamin, Steven Blanto Jan Hutchins, !2
LINDA LUBECK
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC:W:RESOOAD
OFFICE OF THE TOWN CLERK
ORD' 1NCES & RESOLUTIONS
1
ORIGINATING DEPT: �/,',
COUNCIL AGENDA DATE: 1 0� _ Q ;We jI,JT/ ` 7
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
V
)s8
RESOLUTION
p6) 194-
PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
au_
Number.
Date of Intro:
Date of Adopt
ZONE CHANGE:
ORDINANCE
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanto an Hutchins, /2 -)
LINDA LUBECK
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WYEDNESDAY AT 12 NOON,
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC:07: RE$4ORD