1989-015-761 University Avenue-Approval Of Architecture And Site Application In The LM Zone And Modifying Said ApprovalRESOLUTION NO: 1989-15
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF
ARCHITECTURE AND SITE APPLICATION, CONDITIONAL USE PERMIT APPLICATION
AND SUBDIVISION APPLICATION, REQUESTING APPROVAL OF PLANS FOR THE
CONSTRUCTION OF A MINI - WAREHOUSE FACILITY, WAREHOUSE SPACE, SERVICE
COMMERCIAL SPACE, A SINGLE FAMILY RESIDENCE FOR USE BY A RESIDENT
MANAGER AND TO MERGE FIVE EXISTING LOTS INTO THREE LOTS IN THE LM ZONE
AND MODIFYING SAID APPROVAL
(761 UNIVERSITY AVENUE - PUBLIC STORAGE, INC. /JON P. ANDERSON)
WHEREAS:
A. Walter M. Cardinet, Peter O'Toole, Richard Gaines, Peter
Siemens and Brad Clifford have appealed a decision of the Planning
Commission as follows: approval of Architecture and Site Application
S- 78 -7B, Conditional Use Permit Application U -78 -3B and Subdivision
Application M- 87 -8A, requesting approval of plans for the construction of
a mini - warehouse facility, warehouse space, service commercial space, a
single family residence for use by a resident manager and to merge five
existing lots into three lots in the LM Zone on property located at 761
University Avenue and owned by Jon P. Anderson (applicant, Public Storage,
Inc.); and
B. A public hearing was held by the Town Council on December 19,
1988 and January 17, 1989.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission
erred by not looking to future use of the building to eliminate a single
use building and by not providing for better landscaping on site.
B. The Town Council hereby further finds that there should be
more retail and service /commercial use on the site than that previously
approved by the Planning Commission.
C. The Town Council hereby further finds that Conditional Use
Permit U -87 -8A should be approved based on the following:
1. The proposed use of the property is desirable to the public
convenience because it provides a necessary mini - warehouse that has
been demonstrated will be for use of residents of this community;
2. The proposed use will not impair the integrity and character
of the zone because it is located within an existing light,
industrial area with similar or compatible uses;
3. The proposed use would not be detrimental to the public
health, safety or general welfare because the conditions of this
permit are intended to reduce any unforeseen impact on the
surrounding neighborhood; and
4. The proposed use of the property is in harmony with the
various elements and objectives of the General Plan and purposes of
the zoning ordinance in that as modified this project will promote
resident serving businesses and services, and will not consist of
single use structures.
D. The Town Council hereby further finds that reasons for denial
under Government Code Sections 66474 and 66473.5 of the State Subdivision
Map Act do not exist.
E. Based on the foregoing, the appeals are denied and
Architecture and Site Application S- 78 -7B, Conditional Use Permit
Application U -78 -3B and Subdivision Application M -87 -8A are hereby
approved as modified with the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All walls, fences and gates shall be no higher than six feet.
2. The number of individual storage units shall not exceed 438.
3. Parking spaces needed to support the uses on each parcel may not
cross any parcel lines.
4. The uses allowed to lease the service commercial spaces are limited
to those which do not require a higher number of parking spaces than
is provided on the site.
5. A Tree Removal Permit shall be obtained prior to the issuance of a
Building Permit.
6. Reciprocal access easement between Lots 1, 2 and 3 must be recorded
on the Final Map or access from Farley Road to Lot 2 must be created
at the time of development.
7. The floor area of Building A shall be reduced to correspond to the
available number of parking spaces.
8. The floor area of Building B shall be reduced at the southeast
corner to allow the planting of additional landscaping.
9. The landscaping on the two -story buildings shall include climbing
vines.
10. The applicant shall demonstrate that Buildings B and D can be
converted from storage uses to retail or service /commercial uses
meeting all of Town ordinances and code requirements and all state
handicapped regulations.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
il. Prior to any construction or building permits being issued, the
applicant shall meet with the Director of Parks, Forestry and
Maintenance Services concerning the need for protective fencing
around the existing trees. A plan for such protective fencing
demonstrating type and location shall be submitted to the Planning
Director after being approved by the Director of Parks, Forestry and
Maintenance Services. Such fencing is to be installed prior to, and
be maintained during, construction.
12. Newly planted trees shall be double- staked, using rubber tree ties.
13. All landscaping shall be planted prior to the issuance of a final
occupancy permit.
TO THE SATISFACTION OF THE TOWN ENGINEER:
14. Final grading, drainage, retaining wall, driveway and utility plans
shall be provided.
15. Payment of an in -lieu fee equal to one -half of the cost of a
landscaped median island across the University Avenue frontage of
the property.
16. A parcel map shall be filed.
17. The following shall be dedicated:
a. Farley Road. A 30 -foot half - street right -of -way.
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18. The following improvements shall be guaranteed by contract, Faithful
Performance Security, Labor & Materialman's Security, insurance, and
completed prior to the occupancy of any new building:
a. University Avenue and Shelburne Way. Curb, gutter and
sidewalk, tie -in paving and street lighting, and relocation of
utilities, as required.
b. Farley Road. A standard 30 -foot half- street, including curb
and gutter, sidewalks, street light, tie -in paving, signing
and storm and sanitary sewers, as required.
19. All documents, contracts, bonds, insurance, as applicable, shall be
provided prior to recordation of any final map or issuance of any
permits.
20. The off - hauling of the excess excavated material shall be limited to
the period between 9:00 a.m. -3:00 p.m., Monday through Friday.
21. A soils and geologic report shall be prepared which provides
specific criteria and standards governing site grading, drainage,
foundation design and erosion control. A registered civil engineer,
specializing in soil mechanics, should be included in the group that
prepares this report.
22. A Grading Permit and surety (bonds, letter of credit or cash) will
be required for all excavation, the placement of all fill and
retaining walls.
23. All grading operations shall be continuously inspected by the soils
engineer or his qualified representative and these inspections
should be coordinated with regular Town inspections. The soils
engineer shall submit a final grading report prior to occupancy.
24. Surety (bonds, letter of credit or cash) shall be required, in an
amount to be determined, to insure the restoration of street
pavement and associated public improvements in the event of damage
by the truck traffic.
25. Upon completion of the grading and hauling operations, the
contractor shall clean those portions of the following streets
designated as dump truck route:
1. Lark Avenue
2. Winchester Boulevard
3. Farley Road
4. Shelburne Way
26. Horizontal and vertical controls shall be set by a licensed surveyor
or a registered civil engineer for the following items:
a. Pad location.
b. Finish floor elevation.
C. Foundation corner location.
d. Retaining wall, top -of -wall elevation, and location.
e. Toe and top of cut and fill slopes.
27. All lots shall be surveyed and monumented (set pipes) prior to
construction.
28. A two -year landscape maintenance shall be entered into for the
protection of existing and newly planted landscaping.
29. The applicant shall pay an in -lieu traffic mitigation fee of
$4,326.00 to mitigate the traffic impact at the following critical
intersections:
Lark Avenue /Northbound 17 On -Off Ramp, and
Los Gatos Blvd. /Lark Avenue
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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, California, held on the 6 day of February ,
1989 by the following vote.
AYES: COUNCIL MEMBERS Robert L. Hamilton, Brent N. Ventura
Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS Eric D. Carlson
ABSENT: COUNCIL
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS G9 S
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