1982-209-Denying Appeal From Planning CommissionRESOLUTION NO. 1982 -209
RESOLUTION DENYING APPEAL FROM PLANNING CUTMESSION
(445 Leigh Avenue - Stop -N -Go Market)
1. Harry F. Williams has appealed a decision of the Planning Commission, as
follows: certain conditions imposed in the approval of Conditional Use Permit
Application U- 82 -18; and
2. A public hearing was held by the Council on November 1, 1982;
IT IS HEREBY RESOLVED:
A. The Council hereby finds as follows:
1. The findings of the Planning Comission were correct.
2. The current operation of the market constitutes a severe and long - standing
nuisance to the neighborhood, particularly between the hours of 9:00 p.m. and 6:00
a.m., as follows:
a. The market has a history of attracting trouble- making teenagers, who,
in connection with their patronizing the market, (1) make loud noises late into the
night; (2) drive recklessly; and (3) litter and vandalize neighboring homes.
b. The aforesaid problems have persisted off and on for 16 years, with
periodic promises and efforts by the market to solve the problem being followed by
periods of inaction and correspondingly - increased nuisance.
c. The incidence of nuisance complaints from the Stop -N -Go market is sub-
stantially greater than any of the other three convenience stores in the Town, as
indicated by (1) comparative calls for police service, and (2) the fact that whereas
there has been a strong and repeated neighborhood protest regarding Stop -N -Go, no
neighbor appeared to request that any special conditions be imposed on the use per-
mits granted to the other convenience stores.
d. Many of the evening problems at Stop -N -Go are related to the sale of
alcohol, and in particular to the established pattern of adults buying alcohol for
minors.
3. Prohibiting the sale of liquor after 9:00 p.m. and requiring the market
to be closed between 11:00 p.m. and 6:00 a.m. will greatly alleviate the afore-
said nuisance conditions, by removing the attraction for teenagers to congregate
in the area during the specified hours.
4. The amortization periods established by the Planning Con=ssion would con-
stitute a reasonable accommodation between the public gains to be derived from the
speedy removal of the non - conforming use and the private loss wimich removal of the
use would entail, for the following reasons:
a. As indicated above, the nuisance caused to the neighborhood in the evening
hours is very severe, and there is therefore a compelling public need to brine it
under control as quickly as possible.
b. The history of the market indicates that measures other than requiring
closure during evening hours are unlikely to be effective in mitigating the nuisance.
c. While the market claims that the limitation on hours will cause it to
became unprofitable, this was countered by evidence that (1) the market has operated
at a profit in the past while being open only 18 hours /day; and (2) mitigation of
the nuisance may, by reducing neighborhood resentment against the market, increase
patronage during the allowed hours.
d. Since projections of profit or loss are of necessity speculative (in
contrast to the nuisance, which is quite real), the provision for review of the
conditions in one year (or less on application of either the market or an interested
citizen) will allow time to do the following:
(1) Verify whether the hours limitation in fact causes the market to
operate at a loss, or whether the limitation will be overcom by other positive factors.
(2) Consider alternative methods of controlling the nuisance, which may
be explored by such means as using the efforts of professional mediators.
If losses are proven and less damaging alternatives are proposed, consideration
may be given to modifying the hours limitation.
-2-
B. Based on the foregoing findings, the appeal is denied, and Conditional Use
Permit U -82 -18 is approved, as follows:
1. The findings required by the Zoning Ordinance are as follows:
a. The proposed use of the property is desirable to the public convenience
because the market offers a wide variety of general merchandise to a generally
localized neighborhood.
b. The proposed use as limited will not impair the integrity and character
of the zone, since it is on a cam-ercia.11y -zoned site.
c. The proposed use will not be detrimental to the public health, safety
or general welfare, in that with the conditions imposed, the activity will be in
the nature of normal commercial use.
d. The proposed use of the property with the conditions imposed is in
harmony with the various elements or objectives of the General Plan and Zoning
Ordinance.
2. The conditions of operation shall be as follows:
a. The hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m.
b. No liquor shall be sold between 9:00 p' m. and 6:00 a.m.,
c. Approximately 15 additional juniper or other shrubs shall be planted
along the Hershner Drive frontage of the property, to the satisfaction of the
Superintendent of Parks and Forestry.
d. The store shall contain no more than two game machines.
e. The approval includes the sale of beer and wine for consumption off
premises.
f. New landscaping shall be provided subject to the approval of the Planning
Director.
3. The amortization or compliance period for the aforesaid conditions shall be
as follows:
a. Conditions c and f, within six months of this approval.
-3-
b.
Conditions a, b,
d and e, within
30 days of this approval.
4. The
approval shall be
reviewed in one
year.
PASSED ADID ADOPT AT A
OF THE TOWN OF LOS GATOS THIS
1982, by the following votes:
ATTEST:
REGULAR
15th
MEETING OF TES? TMN COUNCIL
day of November
AYES: COUNCII,0 HERS Ruth Gannon, Thomas J. Ferrito, Marlyn J.
Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura
NOES: COUNCIT1Mv1BERS None
ABSTAIN: COUNCITLM HERS None
ABSENT: COUNCILIM11BFRS None
SI=:
Clerk-of t Town of Los Ga
-4-