1987-010-Requesting Approval Of Plans To Construct An Additional Office Building And Of Variance Application Requesting Approval To Waive Screen Wall Requirements On Property Located In The "0" ZoneRESOLUTION NO: 1987 -10
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF
ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL OF PLANS TO
CONSTRUCT AN ADDITIONAL OFFICE BUILDING AND OF VARIANCE APPLICATION
REQUESTING APPROVAL TO WAIVE SCREEN WALL REQUIREMENTS ON PROPERTY
LOCATED IN THE "0" ZONE
(400 Blossom Hill Road - William L. Higgins)
WHEREAS:
A. Applicant William L. Higgins has appealed a decision of the Planning
Commission as follows: denial of Architecture and Site Application S -84 -15
requesting approval of plans to construct an additional office building and
Variance Application V -84 -1 requesting approval to waive screen wall
requirements on property in the "0" Zone located at 400 Blossom Hill Road and
owned by William L. and Virginia B. Higgins;
B. A public hearing was held by the Town Council on September 2, 1986;
C. On September 16, 1986 Applicant requested reconsideration of the
appeal to modify the limitation on the number of employees permitted at the
site as determined at the September 2, 1986 Town Council meeting, the Council
voted to reconsider that issue and set the public hearing thereon for November
3, 1986;
D. A public hearing was opened by the Town Council on November 3, 1986,
was continued for hearing by the full Council to December 1, 1986 and was held
by the Town Council on December 1, 1986; and
E. On December 15, 1986 the Council decided to reconsider this item and
scheduled the matter for hearing on January 20, 1987. The public hearing was
continued to and held on February 2, 1987.
IT IS HEREBY RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred as
follows:
1. The Commission did not consider the Town Council's request for an
open space easement to prevent future development of the remainder
of the property.
2. The Commission did not consider the Council's requests that reducing
the building to 7000 square feet and limiting the number of
employees would reduce the traffic generation to an acceptable
level.
3. The Commission did not consider that requiring a traffic island at
the front entrance of the property would effectively mitigate the
concern about the safety of left turn movements.
B. The Town Council further finds that the variance should be granted
pursuant to Zoning Ordinance Section 5.20.110 because special circumstances
applicable to the property deprive the property of privileges enjoyed by other
property in the vicinity and under identical zone in that the construction of a
masonry wall along the north and east property lines would not serve the
intended purpose for screening because of the higher elevation of the adjoining
property above the project and such construction would require removal of a number
of existing mature trees and shrubs.
C. Based on the foregoing findings, the Town Council hereby grants the
appeal, makes a Negative Declaration concerning the project, and approves Architecture
and Site Application S -84 -5 and Variance Application V -84 -1 subject to the
following conditions:
1. Applicant shall pay an in -lieu fee for appropriate share of the cost
of traffic capacity improvements listed below:
a. Intersection of Blossom Hill Road /Roberts Road
(adjacent to Fisher Junior High School
1%
%
b. Intersection of Blossom Hill Road /Los Gatos Boulevard 1%
c. Intersection of Los Gatos Boulevard /Lark Avenue 1%
d. Intersection of University Avenue /Lark Avenue 1%
e. Public improvements (including sidewalks /excluding
the bridge) relating to pedestrian safety
along Blossom Hill Road between Winchester Boulevard
and Los Gatos Boulevard
2. Applicant shall provide 65 parking spaces on -site.
3. The maximum number of employees permitted on the site is 60.
4. Applicant shall use best efforts to utilize flexible working hours
for the employees at the site to avoid traffic during morning peak
hours and during the period from 3:00 p.m. to 5,00 p.m.
5. Applicant shall record a deed restriction specifying the maximum
number of employees and requirement for flexible working hours and
the filing of an annual affidavit. The content of the deed
restrictions shall be subject to the approval of the Town Attorney.
The deed restriction shall be recorded prior to the issuance of the
building permit.
1%
6. The owner of the property and any subsequent owner shall file an
affidavit annually with the Planning Department on or before October
1, listing the number of employees and delineating the work schedule
of the persons employed on the site to demonstrate compliance with
conditions 3 and 4.
7. Applicant shall grant an open space easement to the Town on the
undeveloped portion of the property, to the satisfaction of the
Planning Director and the Town Attorney,
8. A triangular island shall be constructed in the driveway of the
development for the purpose of limiting traffic movement to the right
turn only into and out of the property, subject to the satisfaction
of the Town Engineer.
9. Final parking, circulation, parking lot striping, parking lot
signing, drainage, interim and final erosion control and utility
plans shall be submitted to the satisfaction of the Town Engineer.
New parking lot lighting shall be maximum 70 watt high pressure
sodium "cut -off" style fixtures.
10. A well information questionaire (available through the Town Engineer)
shall be completed to the satisfaction of the Town Engineer,
llo Prior to any building permits being issued, the applicant shall meet
with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing
trees. A plan for such protective fencing demonstrating type and
location shall be submitted to the Planning Director after being
approved by the Director of Parks, Forestry and Maintenance
Services. Such fencing is to be installed prior to, and be
maintained during, construction.
12. A two -year tree maintenance contract shall be established for the
protection of existing and newly planted trees, to the satisfaction
of the Town Engineer.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review for the Town Council decision is governed by California Code of
Civil Procedure Section 1091.6.
PASSED
AND
ADOPTED at a
regular
meeting of the
Town Council of
the Town of
Los
Gatos held on
2nd day
of February
, 1987
by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton and
Vice -Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Brent N. Ventura
SIGNED:
ATTEST:
CLERIC OF THE TOWN OF LOS GAT
VICE - MAYOR OF THE TOWN OF LOS GATOS