1993-017-Approving A Request For Permission To Establish A Retail Plant Nursery On Property In The CH ZoneRESOLUTION 1993 -17
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL
OF A DECISION OF THE PLANNING COMMISSION APPROVING A
REQUEST FOR PERMISSION TO ESTABLISH A RETAIL PLANT
NURSERY ON PROPERTY IN THE CH ZONE, CONDITIONAL USE
PERMIT APPLICATION U -81 -713
(PROPERTY LOCATED AT 15367 LOS GATOS BLVD. /OWNER
ELIZABETH CERRITO /APPLICANT, DUFURS LANDSCAPE,
INC. /APPELLANT, KENNETH DUFUR)
WHEREAS:
A. The applicant, Kenneth Dufur of Dufurs Landscape, Inc., is applying for a
conditional use permit to operate a retail plant nursery on what used to be a recreational
vehicle sales lot at 15367 Los Gatos Boulevard (Conditional Use Permit U- 81 -713);
B. On November 6, 1992, the Development Review Committee recommended
approval of the application with the condition that there be no ingress or egress onto
Garden Lane;
C. On November 18, 1992, the Planning Commission heard this matter and
approved the request to operate a retail nursery with the condition that no vehicular access
to Garden Lane be allowed;
D. The appellant, Kenneth Dufur, is appealing the Planning Commission's
prohibition of access onto Garden Lane. The applicant contends on -site circulation is
dependent upon using Garden Lane and that there will be no impact on the residents in
the vicinity; and
E. The Town Council held a public hearing on January 4, 1993.
RESOLVED:
A. The Town Council finds that the Planning Commission did not err in its
approval of Conditional Use Permit Application U -81 -713 and makes the following findings:
(1) The proposed uses of the property are essential or desirable to the
public convenience or welfare because it will provide an alternative location for the public
to shop for plant material;
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(2) The proposed uses will not impair the integrity and character of the
zone since appropriate design review and mitigation is incorporated with the project and
the general high volume traffic can be accommodated at this location using Los Gatos
Blvd.;
(3) The proposed uses would not be detrimental to public health, safety
or general welfare because the use improves a vacant and underutilized site with
appropriate design mitigation requirements; and
(4) The proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of Town Code Chapter 29.
(5) The condition prohibiting vehicular ingress and egress from the subject
property onto Garden Lane is reasonable, because otherwise traffic from this commercial
property onto Garden Lane would be disturbing to the adjacent residential neighborhood
and will increase traffic through that neighborhood, and it is more appropriate for traffic
to and from this commercial property to use Los Gatos Blvd., a major street.
B. The application is approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. The number of employees on -site at any one time is limited to three.
2. Ingress and Egress is restricted to Los Gatos Boulevard and parking lot revised.
3. A use and occupancy permit is required prior to occupancy of the building.
(Engineering Section)
4. Any sections of curb, gutter and sidewalk along the frontage of this property that
are currently broken, or raised, or any sections damaged during construction, shall
be replaced.
5. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
6. A sanitary sewer lateral clean -out shall be installed at the property line, if one
does not already exist within 2 feet of the property line.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
7. New landscaping shall be completed within 30 days of the date of occupancy and
two 15- gallon trees shall be added to the lawn area in front.
Pursuant to Los Gatos Town Code Section 1.10.085, 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 19th day of January, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
NAYS:
ABSENT:
ABSTAIN:
and Mayor Joanne Benjamin
SIGNED:
AY
HE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
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