2001-113-Denying An Appeal Of The Decision Of The Planning Commission Approving Alterations To The Facade Of A Commercial Building On Property Zoned R-1d. Architecture And Site Application: S-01-60. Property Location: 310 Los Gatos - SaraRESOLUTION .2001 -113
.ADOPT RESOLUTION DENYING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION APPROVING ALTERATIONS TO THE FACADE OF A COMMERCIAL BUILDING
ON PROPERTY ZONED R-1D.
ARCHITECTURE AND SITE APPLICATION: S-O1-60.
PROPERTY LOCATION: 310 LOTS GATOS-SARATOGA ROAD.
PROPERTY OWNER: ROBERT AND LAL7RETTE KIRKENDALL.
APPLICANT: TODD EDWARDS, PENINOU FRENCH LAUNDRY AND CLEANERS, INC.
APPELLANT: NICK CONSTANTINE
WHEREAS:
A. This matter came before Council for public hearing on October 1, 2001., on an appeal by Nick
Constantine (Appellant) from a decision of the Planning Commission and was regularly noticed in
conformance with State .and Town law.
B. Councilreceivedtestfmony and documentary evidence from the appellant andall interested
persons who wished to testify or submit documents. 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 September 26, 2001 and Desk Item dated October 1, .2001,
along with subsequent reports and materials prepared concerning this application.
C. The applicant is proposing to refurbish the exterior of an existing commercial building.
Development Review Committee considered the application on June 26, 2001 .and no deficiencies were
.noted by any of the departments and the application was subsequently deemed complete on July 2, 2001.
The Planning Commission considered this item on August 8, 2001 and denied the appeal of the approval
of the Architecture and Site application based on the conclusion by the Commission that the proposed
improvements will be beneficial to that area of Town and that the traffic issues raised by the appellant are
not relevant to this application.
D. Appellant claims that the Planning Commission erred or abused its discretion when denying
the appeal, and thatthere is new information that was not reasonably available at the time of the Planning
Commission decision, that the Planning Commission did not have the discretion to modify or :address the
policy or issue that is vested in the'Town Council..
E. The Planning Commission decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application
S-O1-60 is denied. The Conditions of Approval, attached to the Town Council Report dated September 26,
2001 and identified as Attachment 2, are applied to this appeal.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1D94.6 as adopted by section 1.10:08.5 of the Town Code of the Town of Los Gatos. Any application
for judicial relief from this decision must be sought within the time limits and pursuant to the procedures.
established by Code of Civil Procedure section 1094.6, orsuch shorter time as requiredby State andFederal
law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 15TH day of October, 2001 by the following vote..
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Przynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR O E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~~
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
310 Los Gatos-Saratoga Road
Architecture and .Site Application 5-01-60
Requesting approval to alter :the facade of a commercial building on property in the R-1D
.zone.
PROPERTY DWNER: Robert and Laurette Kirkendall
APPLICANT: Todd Edwards, Peninou French Laundry and Cleaners, Inc.
TO THE SATISFACTION OF THE DrRECTOR OF COMMUNITY DEVELOPMENT
(Plannin Section):
1. APPROVAL EXPIRATION; Zoning approval wild expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL. This application shall be cornpleted in accordance with all of the conditions
of approval. listed below and in substantial compliance with the plans approved and noted
as Exhibit O in the report to the Planning Commission. Anyminor changes or modifications
made to the approved plans shall be approved. by the Director of Community Development
other changes will be approved by the Planning Commission, depending on the scope of the
change(s).
3• PARKING FEE: The appropriate parl~ing .fee, $4,000.00, shall be paid to the Finance
.Department prior to the .issuance of building permits.
(Building Department):
4. PERMITS REQUIRED; A building pei~nit application shall be required for each proposed
structure.
5. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue-lined" in full
on the cover sheet of the construction plans submitted for a building permit.
6. .SIZE OF PLANS: The maximum size of construction plans submitted for building pei7r~ts
shall be 24" x 36".
7. PLANS : 'The construction plans for this prof ect shall be prepared under the direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538).
8. SPECIAL INSPECTIONS: When a special inspection is required by UBGSection 1701, the
architect or engineer of :record :shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in accordance
with UBC Section 106.3.5. Please obtain Town Special Inspection form fromthe Building
Division Service Counter. The Town Special Inspection schedule shall beblue-.lined on the
construction plans.
8. TITLE 24 ACCESSIBILITY -COMMERCIAL - On-site general path of travel shall comply
with the latest California Title 24 Accessibility Standards, Worlc shall include but not be
limited to.accessblity entrances from parking and sidewalks.
9. TITLE 24 ACCESSIBILITY -COMMERCIAL -The building shall be upgraded to comply
Attachment 2
310 Los Gatos-Sarato ag Avenue/5-01-60
October 1, 2001
Page 2
with the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design architect then confirmed by Town Staff.
10. TITLE 24 ACCESSIBILITY -COMMERCIAL - On-site parking facility shall complywith
the latest California Title 24 Accessibility Standards .for disabled.
11. APPROVALS REQUIRED.: The project requires the following agencies approval before
issuing a building permits:
' a. Santa Clara County Fire Department: 378-4010
12. NONPOINT SOURCE POLLUTION STANDARDS.:'The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program specification shall be part ofthe plan submittal.
The specification sheet is available at the Building Division Service Counter.
TO THE SATISFACTION OF THE DIl2ECTOR OF PARIS AND PUBLIC WORKS:
(Engineering.Division):
13. CIRCULATION: On-site circulation .improvements including .any combination of striping
and signs shall be installed to the satisfaction of the Director of Public Worlcs.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
l4. The applicant shall contact this department's hazardous materials division and consult with
Mr. John Justice. Prior to buildingpermits being issued, the applicant shall comply with all
provisions of the 199'1 Uniform. Fire and Building Codes relative to dry cleaning operations.
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