1984-028-Granting Appeal From Planning Commission Decision Denying Conditional Use Permit-Walgreen CompanyRESOLUTION NO. 1984 -28
RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION
DECISION DENYING CONDITIONAL USE PERMIT
(444 North Santa Cruz Avenue - Walgreen Company)
WHEREAS:
1. Walgreen Company has appealed a decision of the Planning Com-
mission as follows: denying Conditional Use Permit Application U- 82 -2R;
and
2. A public hearing was held by the Council on February 21,
1984; and
IT IS HEREBY RESOLVED:
The Town Council hereby finds as follows:
a. The Planning Commission erred in that sufficient infor-
mation was not presented to the Planning Commission to indicate the nature
of the use and the measures which the applicant will be willing to take in
order to mitigate traffic and to become a more local serving
establishment.
2. The Council further finds as follows:
a. It is desirable to the public convenience or welfare to
have this use because it provides a variety of merchandise which may not
now be readily available in Town.
b. It does not impair the integrity and character of the
zone, since it is a commercial use in a commercial zone and very much like
the preceding use (Dolly's).
c. It is not detrimental to the public health, safety or
general welfare inasmuch as health, safety, codes, ordinance and statute
would be complied with.
d. It is in harmony with the various elements and objec-
tives of the General Plan.
e. It is in harmony with the provisions of the Downtown
Specific Plan which indicates a desire for local serving businesses in the
portion of Town where the subject property is located. This factor
mitigates potential traffic impact, in conjunction with the other measures
Appellant will undertake to reduce traffic impact.
3. Based on the foregoing findings, the appeal is granted sub-
ject to the following conditions:
a. All three traffic mitigation measures referred to in the
staff report ((1) improving driveway access; (2) establishing no left turns
throughout the shopping center; and (3) providing access through the public
parking lot in the former Southern Pacific right -of -way) shall be
investigated by staff. These traffic impact reduction measures shall be
implemented by Appellant unless staff determines that any of said measures
will not reduce traffic mpact, in which case Appellant shall not be
required to implement any such measures.
b. There shall be no liquor sales department on the subject
property.
c. The area previously allocated to packaged liquors shall
contain items of local use to Town residents, based on a market survey to
identify local needs.
d. Restrooms shall be modified to comply with Title 24
Handicapped Access Regulations to the satisfaction of the Building
Official.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 5th day of March, 1984, by the fol-
lowing vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson,
Terrence J. Daily and Thomas J. Ferrito
NOES: COUNCILMEMBERS
HI
ABSTAIN: COUNCILMEMBERS Brent N. Ventura
ABSENT
SIGNED:
ATTEST:
COUNCILMEMBERS None
fLERK OF THE TOWN OF LO GAT S
-2-