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1989-015-761 University Avenue-Approval Of Architecture And Site Application In The LM Zone And Modifying Said ApprovalRESOLUTION NO: 1989-15 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF ARCHITECTURE AND SITE APPLICATION, CONDITIONAL USE PERMIT APPLICATION AND SUBDIVISION APPLICATION, REQUESTING APPROVAL OF PLANS FOR THE CONSTRUCTION OF A MINI - WAREHOUSE FACILITY, WAREHOUSE SPACE, SERVICE COMMERCIAL SPACE, A SINGLE FAMILY RESIDENCE FOR USE BY A RESIDENT MANAGER AND TO MERGE FIVE EXISTING LOTS INTO THREE LOTS IN THE LM ZONE AND MODIFYING SAID APPROVAL (761 UNIVERSITY AVENUE - PUBLIC STORAGE, INC. /JON P. ANDERSON) WHEREAS: A. Walter M. Cardinet, Peter O'Toole, Richard Gaines, Peter Siemens and Brad Clifford have appealed a decision of the Planning Commission as follows: approval of Architecture and Site Application S- 78 -7B, Conditional Use Permit Application U -78 -3B and Subdivision Application M- 87 -8A, requesting approval of plans for the construction of a mini - warehouse facility, warehouse space, service commercial space, a single family residence for use by a resident manager and to merge five existing lots into three lots in the LM Zone on property located at 761 University Avenue and owned by Jon P. Anderson (applicant, Public Storage, Inc.); and B. A public hearing was held by the Town Council on December 19, 1988 and January 17, 1989. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission erred by not looking to future use of the building to eliminate a single use building and by not providing for better landscaping on site. B. The Town Council hereby further finds that there should be more retail and service /commercial use on the site than that previously approved by the Planning Commission. C. The Town Council hereby further finds that Conditional Use Permit U -87 -8A should be approved based on the following: 1. The proposed use of the property is desirable to the public convenience because it provides a necessary mini - warehouse that has been demonstrated will be for use of residents of this community; 2. The proposed use will not impair the integrity and character of the zone because it is located within an existing light, industrial area with similar or compatible uses; 3. The proposed use would not be detrimental to the public health, safety or general welfare because the conditions of this permit are intended to reduce any unforeseen impact on the surrounding neighborhood; and 4. The proposed use of the property is in harmony with the various elements and objectives of the General Plan and purposes of the zoning ordinance in that as modified this project will promote resident serving businesses and services, and will not consist of single use structures. D. The Town Council hereby further finds that reasons for denial under Government Code Sections 66474 and 66473.5 of the State Subdivision Map Act do not exist. E. Based on the foregoing, the appeals are denied and Architecture and Site Application S- 78 -7B, Conditional Use Permit Application U -78 -3B and Subdivision Application M -87 -8A are hereby approved as modified with the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. All walls, fences and gates shall be no higher than six feet. 2. The number of individual storage units shall not exceed 438. 3. Parking spaces needed to support the uses on each parcel may not cross any parcel lines. 4. The uses allowed to lease the service commercial spaces are limited to those which do not require a higher number of parking spaces than is provided on the site. 5. A Tree Removal Permit shall be obtained prior to the issuance of a Building Permit. 6. Reciprocal access easement between Lots 1, 2 and 3 must be recorded on the Final Map or access from Farley Road to Lot 2 must be created at the time of development. 7. The floor area of Building A shall be reduced to correspond to the available number of parking spaces. 8. The floor area of Building B shall be reduced at the southeast corner to allow the planting of additional landscaping. 9. The landscaping on the two -story buildings shall include climbing vines. 10. The applicant shall demonstrate that Buildings B and D can be converted from storage uses to retail or service /commercial uses meeting all of Town ordinances and code requirements and all state handicapped regulations. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: il. Prior to any construction or 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. Newly planted trees shall be double- staked, using rubber tree ties. 13. All landscaping shall be planted prior to the issuance of a final occupancy permit. TO THE SATISFACTION OF THE TOWN ENGINEER: 14. Final grading, drainage, retaining wall, driveway and utility plans shall be provided. 15. Payment of an in -lieu fee equal to one -half of the cost of a landscaped median island across the University Avenue frontage of the property. 16. A parcel map shall be filed. 17. The following shall be dedicated: a. Farley Road. A 30 -foot half - street right -of -way. -3- 18. The following improvements shall be guaranteed by contract, Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building: a. University Avenue and Shelburne Way. Curb, gutter and sidewalk, tie -in paving and street lighting, and relocation of utilities, as required. b. Farley Road. A standard 30 -foot half- street, including curb and gutter, sidewalks, street light, tie -in paving, signing and storm and sanitary sewers, as required. 19. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 20. The off - hauling of the excess excavated material shall be limited to the period between 9:00 a.m. -3:00 p.m., Monday through Friday. 21. A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, foundation design and erosion control. A registered civil engineer, specializing in soil mechanics, should be included in the group that prepares this report. 22. A Grading Permit and surety (bonds, letter of credit or cash) will be required for all excavation, the placement of all fill and retaining walls. 23. All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections should be coordinated with regular Town inspections. The soils engineer shall submit a final grading report prior to occupancy. 24. Surety (bonds, letter of credit or cash) shall be required, in an amount to be determined, to insure the restoration of street pavement and associated public improvements in the event of damage by the truck traffic. 25. Upon completion of the grading and hauling operations, the contractor shall clean those portions of the following streets designated as dump truck route: 1. Lark Avenue 2. Winchester Boulevard 3. Farley Road 4. Shelburne Way 26. Horizontal and vertical controls shall be set by a licensed surveyor or a registered civil engineer for the following items: a. Pad location. b. Finish floor elevation. C. Foundation corner location. d. Retaining wall, top -of -wall elevation, and location. e. Toe and top of cut and fill slopes. 27. All lots shall be surveyed and monumented (set pipes) prior to construction. 28. A two -year landscape maintenance shall be entered into for the protection of existing and newly planted landscaping. 29. The applicant shall pay an in -lieu traffic mitigation fee of $4,326.00 to mitigate the traffic impact at the following critical intersections: Lark Avenue /Northbound 17 On -Off Ramp, and Los Gatos Blvd. /Lark Avenue -4- 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 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6 day of February , 1989 by the following vote. AYES: COUNCIL MEMBERS Robert L. Hamilton, Brent N. Ventura Mayor Joanne Benjamin NOES: COUNCIL MEMBERS Thomas J. Ferrito ABSTAIN: COUNCIL MEMBERS Eric D. Carlson ABSENT: COUNCIL SIGNED: ATTEST: CLERK OF THE TOWN OF LOS G9 S -5-