1990-237-Approval To The Previous Application Granted For The Operation Of Long's Drug Stores And For A One Year Time Extension To These Approval For Property In The C-1 ZoneRESOLUTION 1990 -237
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION FOR
APPROVAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL
TO PREVIOUS APPLICATION GRANTED FOR THE OPERATION OF
LONG'S DRUG STORES AND FOR A ONE YEAR TIME EXTENSION
TO THESE APPROVAL FOR PROPERTY IN THE C -1 ZONE
(15698 LOS GATOS BOULEVARD - LONG'S DRUGS /STEVE MUSICH)
WHEREAS:
A. Gary Veasy, on behalf of Long's Drug Stores, has appealed a decision of the
Planning Commission as follows: approval of request to modify conditions of approval to
previous application granted for the operation of Long's Drug Stores and of a one year
time extension to these approvals for property located in the C -1 zone at 15698 Los Gatos
Boulevard and owned by Steve Musich and applied for by Long's Drug Stores (Conditional
Use Permit Application U- 86 -26A and Architecture and Site Application S- 86 -57A); and
B. A public hearing was held on November 5, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was presented that
the decision of the Planning Commission was in error.
B. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 5.20.210 for the granting of a Conditional Use Permit as follows:
1. The proposed use is desirable to the public convenience or welfare as the
home delivery service is for the convenience and welfare of the public.
2. The proposed use will not impair the integrity or character of the zone as the
area is currently zoned for such use and traffic mitigation measures will help
maintain the integrity of the zone.
3. The proposed use is not detrimental to the public health, safety or general
welfare as the traffic mitigation measures, including the home delivery service, are
essential to this finding because the business abuts a residential area and family
neighborhood and any traffic mitigation that can be made is essential.
4. The proposed use is in harmony with the General Plan and Zoning Ordinance
as it meets all the requirements of the Zoning Ordinance.
C. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 5.30.150 for approving a time extension as follows: the conditions as
proposed are virtually the same as what was initially required except for the traffic
mitigation fee which meets a change in Town policy and traffic conditions.
D. Based on the foregoing findings, the Town Council denies the appeal and grants
the time extension of Conditional Use Permit U- 86 -26A and Architecture and Site
Application S- 86 -57A as modified by the Planning Commission subject to the following
conditions:
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 on prescription items only from the pharmacy shall be
established and maintained during the hours that the pharmacy is open. This service
to be advertised, established and maintained.
3. The post office shall be retained; Long's Drug Stores are to continue to negotiate
in good faith with the intent to keep the Post Office for as long as the Postal Service
will maintain it.
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 store shall carry items of local use to Town residents, based on a market survey
to identify local needs.
6. The sale of alcoholic beverages is prohibited.
TO THE SATISFACTION OF THE TOWN ENGINEER:
7. The Traffic Mitigation Fee shall be paid in the sum of $47,510.40 prior to final
occupancy.
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 19 day of November, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito
NAYS: Robert L. Hamilton
ABSENT:
ABSTAIN: Mayor Brent N. Ventura
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
00 d.
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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