1988-064-Approval For Construction Of A New One Story Commercial Building, To Merge Existing Properties Into One Lot And Delete The Rear Yard Required Setback In The C-2 ZoneRESOLUTION NO: 1988 -64
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL
FOR CONSTRUCTION OF A NEW ONE STORY COMMERCIAL BUILDING, TO
MERGE EXISTING PROPERTIES INTO ONE LOT AND DELETE THE REAR YARD
REQUIRED SETBACK IN THE C -2 ZONE
(155 N. SANTA CRUZ AVENUE - FAIR OAKS PLAZA)
WHEREAS:
A. Lee Bowman, Chair of the Development Review Committee, has
appealed a decision of the Planning Commission as follows: Approval for
construction of a new one story commercial building, to merge existing
properties into one lot and delete the rear yard required setback in the
C -2 Zone on property located at 155 North Santa Cruz Avenue, owned by
George Tobin and development proposed by Fair Oaks Associates (Subdivision
Application M -87-6, Architecture and Site Application S -87-22 and Variance
Application V- 87-4); and
B. A public hearing was held by the Town Council on February 16,
1988 and continued to and held on March 14, 1988 and continued to and held
on March 21, 1988.
IT IS HEREBY RESOLVED:
A. The Town Council hereby finds that the appeal was timely filed
and properly filed by Lee Bowman, the Chair of the Development Review
Committee.
B. The Town Council further finds that the Planning Commission
erred by exceeding its authority in overruling the Building Official by
not requiring compliance with Title 24 relating to handicapped
accessibility regulations and that the Planning Commission has no
authority to make a finding of unreasonable hardship or a finding of
equivalent facilitation. The Town Council is the appellate body for
decisions of the Building Official concerning Title 24.
C. The Town Council hereby further finds that an unreasonable
hardship exists to comply with the literal requirements of Title 24 to
provide a handicapped parking space in the underground garage with its
attendant ramp or elevator as follows:
1. The cost of providing access in the underground garage is
excessive compared to the cost of providing a covered
handicapped parking space on grade elsewhere on the property.
2. Testimony by the developer indicates that the cost of the
underground garage is almost one -half of the cost of all the
construction contemplated.
3. The impact of the proposed improvements on the financial
feasibility of the project is that the changes required to
accommodate a handicapped accessible parking space in the
underground garage would substantially increase the costs of
the garage and would also necessitate the reduction of the
number of parking spaces in the garage.
4. The nature of the accessibility which would be gained by
having the handicapped accessible parking space on grade is
greater convenience and accessibility for handicapped persons
since access is not reliant upon mechanical devices such as an
elevator.
5. The nature of the use of the facility under construction and
its availability to disabled persons is enhanced by having the
handicapped accessibile parking space on grade.
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D. The Town Council hereby further finds that a covered
handicapped parking space on grade exceeds the requirement for equivalent
facilitation for a parking space in the underground parking garage for the
reasons shown in the preceding paragraph and that a person parking in
either the underground garage or the covered handicapped parking space
would be protected from the inclement weather getting into or out of a
vehicle and must still traverse an uncovered area for access to the
retail stores.
E. The Town Council finds that no facts exist for the granting of
the variance application.
F. The Town Council further finds that the applicant is able to
redesign the project to accommodate the covered handicapped parking space
on grade without placing the space in the required rear yard setback.
G. Based on the foregoing, the appeal is hereby granted,
Subdivision Application M -87-6 and Architecture and Site Application
S -87 -22 are hereby granted, Variance Application V -87 -4 is hereby denied
and the project is approved requiring vesting by April 4, 1989 with the
following conditions:
TO THE SATISFACTION OF THE TOWN ENGINEER:
1. Final grading, drainage, parking lot, lighting and utility
plans shall be provided. Lights in the underground parking area
shall not project below the seven (7) foot minimum garage clearance.
2. A lot merger shall be accomplished by Notice of Merger or
Parcel Map.
3. A two -year tree maintenance contract shall be established for
the protection of newly planted trees.
4. Any work in the public right -of -way will require an
Encroachment Permit.
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5. A soils and geologic report shall be prepared which provides
specific criteria and standards governing site grading, drainage,
and foundation design. A registered civil engineer, specializing in
soil mechanics, should be included in the group that prepares this
report.
6. Any curb, gutter or Villa Hermosa sidewalk damaged during the
construction shall be repaired.
%. The off - hauling of excavated material shall be limited to week
days, between 9:30 a.m. and 2:30 p.m. Any damage to the street
attributable to the dump truck traffic shall be repaired by the
applicant.
8. A well information questionnaire (available through the Town
Engineer), shall be completed.
9• The following improvements to Victory Lane shall be guaranteed
by contract, Faithful Performance Security, Labor & Materialman's
Security, insurance, and completed prior to the occupancy of any new
building: Installation of new asphaltic pavement from a projection
of the southernmost property line northerly to Nicholson Avenue.
10. A grading permit will be required for construction of the
underground parking garage.
TO THE SATISFACTION OF THE PLANNING DIRECTOR AND BUILDING OFFICIAL:
11. Provide a 15 foot by 20 foot covered handicap parking space to
meet Town requirements.
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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 4 day of April I
1988 by the following vote.
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton
Brent N. Ventura, and Vice-Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS -Mayor Eric D. Carlson
SIGNED: \ -("i )
146 , V"o
VICE-, YOR OF THE TOWN OF LO
GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS