1989-023-Denial Of Certification Of An Environmental Impact Report And Permission To Operate A Super Drug Store Within The Existing Nob Hill Shopping Center And To Make Exterior Modifications To The Existing Center On Property In The C-1 ZoneRESOLUTION NO: 1989 -23
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL
OF CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND
PERMISSION TO OPERATE A SUPER DRUG STORE WITHIN THE
EXISTING NOB HILL SHOPPING CENTER AND TO MAKE EXTERIOR
MODIFICATIONS TO THE EXISTING CENTER ON PROPERTY IN THE C -1 ZONE
(15698 LOS GATOS BOULEVARD - LONG'S DRUG STORE CALIFORNIA, INC.)
WHEREAS:
A. Gary Veasy, on behalf of Long's Drug Store California, Inc., has
appealed a decision of the Planning Commission as follows: denial of
certification of an environmental impact report (EIR) and permission to operate
a super drug store within the existing Nob Hill Shopping Center and to make
exterior modifications to the existing center on property in the C -1 zone
located at 15698 Los Gatos Boulevard and owned by Steve Musich (Applicant:
Long's Drug Store California, Inc.; EIR -88 -2, Conditional Use Permit
Application U -86 -26 and Architecture and Site Application 5- 86 -57); and
B. A public hearing was held by the Town Council on February 6, 1989.
IT IS HEREBY RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred
in not considering that the application could have been conditioned to improve
the resident - serving aspect of the business and to reduce the sale of alcoholic
beverages and that these factors could have been the basis for making a
statement of overriding considerations.
B. The Town Council has reviewed the Environmental Impact report
(EIR) and considered the information in the EIR and certifies that the EIR has
been completed in compliance with the requirements of the California
Environmental Quality Act (Public Resources Code Section 2100 et seq.) and
State and Town guidelines.
C. The Town Council hereby further finds that changes have been
incorporated into the project by conditions 2, 4 and 8 which substantially
lessen the significant environmental effect related to traffic as identified in
the final EIR.
D. The Town Council hereby further finds that any remaining
significant effects on the environment due to traffic that are unavoidable are
acceptable because of community benefits related to the elimination of the sale
of alcoholic beverages and the commensurate increase in shelf space for goods
intended for needs of local residents.
E. The Town Council hereby further makes the following findings
granting a conditional use permit pursuant to Town Zoning Ordinance Section
5.20.210:
1. The proposed uses of the property are essential or desirable to
the public convenience or welfare because the store will provide
additional goods and services desired by Town residents.
2. The proposed uses will not impair the integrity and character of
the zone in that the property is already zoned for such use and that
the use is constrained sufficiently so that any possible impact has
been mitigated and been overridden by our considerations.
3. The proposed uses would not be detrimental to public health,
safety or general welfare because use has been conditioned
sufficiently for overriding considerations.
4. The proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of the
Zoning Ordinance in that the proposed use meets the shopping needs of
residents (General Plan Section 2.4.3) and provides the necessary
day -to -day commercial goods and services required by residents of the
neighborhood (General Plan Section 2.5.2(c)). The proposed use will
not unreasonably interefere with nearby residential uses (Zoning
Ordinance Section 4.54.020).
F. Based on the foregoing findings, the Town Council hereby grants
the appeal and approves Conditional Use Permit U-86 -26 and Architecture and
Site Application S -86 -57 subject to the following conditions:
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TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Hours of operation shall be limited between 9:00 a.m. and 9:00 p.m.
2. Home delivery service from the pharmacy shall be established and
maintained.
3. The post office shall be retained.
4. Advertising for this location shall be permitted in local media only.
Direct mail advertising shall be limited to the three Los Gatos zip codes.
5. The management for this location shall be decentralized from the Long's
chain.
6. The store shall carry items of local use to Town residents, based on a
market survey to identify local needs.
7. The sale of alcoholic beverages is prohibited.
TO THE SATISFACTION OF THE TOWN ENGINEER:
8. Payment of a one percent (1 percent) in -lieu fee for capacity improvements
at the following intersections:
Los Gatos Boulevard /Kennedy Road - Caldwell Avenue $ %4.00
Los Gatos Boulevard /Blossom Hill Road 2,200.00
Blossom Hill Road /Union Avenue 4,200.00
Lark Avenue, Highway 17 to Los Gatos Boulevard 4,326.00
TOTAL IN -LIEU FEES $10,800.00
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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988SDD AND ADOPTED at a regular meeting of the Town UnnooiI of the
Town of Loa Gatos, California, bold on the 21st_ day of February ,
_jLql�> by the following vote.
ATTEST:
AYES: COUNCIL MEMBERS Dzio D Coclauo Thomas J. Ferrite,
Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS Robert I^ Hamilton
ABSTAIN: COUNCIL MEMBERS Brent N. Ventura
ABSENT: COUNCIL MEMBERS
`
SIGNED:
CLERK OF THE TOWN OF LOS GAT
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