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1993-016-Approval Of The Previous Approval Granted For A Shopping Center Reconstruction In The C-1 ZoneRESOLUTION 1993 -16 RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL OF THE PREVIOUS APPROVAL GRANTED FOR A SHOPPING CENTER RECONSTRUCTION IN THE C -1 ZONE; THE REQUESTED MODIFICATION IS TO RELOCATE A PEDESTRIAN WALKWAY; ARCHITECTURE AND SITE APPLICATION S- 91 -68A (PROPERTY LOCATED AT 15902 -16000 LOS GATOS BLVD. /OWNER, CILKER ORCHARDS /APPELLANT, JAMES D. LEWIS) WHEREAS: A. The applicant, Cilker Orchards, is requesting to modify an approved plan by relocating a pedestrian /wheelchair access from the north side of the project site to the center of the shopping center along the central driveway from Los Gatos Boulevard (Architecture and Site Application S- 91 -68A); B. On November 6, 1992, the Development Review Committee recommended approval with the finding that it found no merit in having a walkway at the north end due to the lack of equal accessibility to the entire shopping center and water ponding in the north end that will occur during heavy rains; C. On November 18, 1992, the Planning Commission approved the request of locating the pedestrian /wheelchair access to the center of the shopping center along the central driveway from Los Gatos Boulevard; D. The appellant, James D. Lewis, appealed the decision of the Planning Commission stating that the walkway should remain at the north end of the site to lead persons safely up to the tenant space occupied by Thrifty and that a walkway by the central driveway provides no protection; and F. 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 Architecture and Site Application S -91 -68A as proposed on plans (see attached), and finds that the pedestrian /wheelchair access at the center of the shopping Atny013 \Cnc1 rpts \Ci I ke r. Res center is a better location than at the north end of the shopping center because it provides more equal and central access to the entire shopping center and it does not have the drainage problem of water ponding during heavy rains which will occur at the north end site. 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: k1C%M91041 and Mayor Joanne Benjamin SIGNED: 2AYOR OF THE TO OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: �) '�5— CLERK OF THE TOWN LOS GATOS LOS GATOS, CALIFORNIA Atny013 \Cnc1rpts \Q1ker. Res 2