1984-077-Denying Appeal From Planning Commission Approval Of Architecture And Site ApplicationRESOLUTION NO. 1984 -77
RESOLUTION DENYING APPEAL FROM PLANNING
COMMISSION APPROVAL OF ARCHITECTURE AND SITE APPLICATION
(234 Los Gatos Boulevard - Scott)
WHEREAS:
1. John L. Scott (Owner and Applicant) has appealed a decision of the
Planning Commission as follows: approval of Architecture and Site Application
S- 80 -105B for the exterior modification of an office building located in the
"0" zone at 234 Los Gatos Boulevard;
2. A public hearing was held on April 2, 1984; and
3. Michael E. Stone, attorney for the Appellant, stated that the appeal
relates only to condition 5 of the approval of the Architecture and Site Appli-
cation, relating to the color of the awning.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the findings of the Planning Com-
mission were correct as follows:
a. That the blue colored awning is inappropriate in a residential
neighborhood because it has a commercial overtone; and
b. The Commission has consistently requested the use of earth tone
colors, such as beige, tan or brown in residential areas for walls, garages and
awnings.
2. The Town Council further finds that the Appellant on two separate occa-
sions violated the Town Code and the Town Zoning Ordinance as follows:
a. In June 1981 the Appellant constructed an awning and deck addition
on said property without obtaining any Town approval therefor in violation of
Town Code Section 7.01.080 (addition to building without permit) and Zoning
Ordinance Section 5.20.030 (Site and Architecture Approval required); and
b. On December 2, 1981 the Planning Commission granted Appellant's
Architecture and Site Application S- 80 -105A with certain conditions. The
Appellant did not comply with the conditions and allowed the approval to expire.
Thereafter, Appellant re- erected the canvas structure in violation of the afore-
said code and ordinance provisions.
3. The Town Council hereby finds that the decision of the Planning Commis-
sion was correct as follows: approval of the Architecture and Site Application
subject to seven conditions:
a. The applicant shall obtain an encroachment permit from the
Town Engineer for modification of the existing driveway approach
and shall make the required modifications;
b. Additional trees shall be added to the front landscaped area sub-
ject to the approval of the Superintendent of Parks and Forestry;
c. No portion of the addition may be closer than 6 feet 8 inches to
the south side property line;
d. A permanent barrier such as a landscaped planter surrounded by a
concrete curb shall be constructed to prevent cars from parking
under the proposed awning. The barrier shall be to the satis-
faction of the Building and Planning Departments.
e. The color of the awning shall be of a natural tone such as beige,
brown, tan, etc.
f. No more than one doctor or chiropractor for each available set of
five parking spaces shall be on duty at any time.
g. The applicant shall meet all conditions required by the Town Council
at the time of approval of the street abandonment.
4. Based on the foregoing findings, the appeal is hereby denied.
5. Pursuant to Los Gatos Town Code Section 1 -15, 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 held on the 7th day of May , 1984 by the following vote:
AYES: COUNCILMEMBERS Eric D arlsnn, TPrrPnf P
J. Daily, Brent N. Ventura and Mayor
Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILME --
ATTEST:
CLERK OF THE TOWN OF LOS GATO >
SIGNED:
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