1999-105-Decision To Approve Modification To Architectural And Site Approval Of The West Elevation Of A Commercial Building Zone C-2:PD:LHPRESOLUTION 1999 -105
RESOLUTION GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION
DECISION TO APPROVE MODIFICATION TO ARCHITECTURAL AND SITE
APPROVAL OF THE WEST ELEVATION OF A COMMERCIAL BUILDING ZONED
C-2:PD:LHP.
PROJECT APPLICATION: PRJ-99-001
.PROPERTY LOCATION: 50 UNIVERSITY AVENUE
PROPERTY OWNER/APPLICANT: 'SRI OLD TOWN, LLC.
APPELLANT.: STACY J. STEWART
WHEREAS:
A. Tlzis .matter came before the Town Council for public hearing on March 15, 1999,
which hearing was then continued to April 5, 1999, and again to Apri119, 1999, on an appeal by the
appellant, Stacy J. Stewart, from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. The matter was bifurcated with Council deciding some
issues and t11e :hearing on the other issues then continued to May 17, :1999, when additional issues
were resolved. The public hearing on the remaining issues was continued to June 7,1999, and then,
at the reduest of the applicant, the hearing was continued to June 21, 1999.
B. Resolutions were approved in accordance with the prior actions-on this matter taken
on May 3, 1.'999 (Resolution No. 1999-51), and again on June 7, 1999 (Resolution No. 1999-72)
C. Council received testimony :and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council consideredall testimony and
materials submitted, including the record of Commission proceedings and the packet of material
contained in the Council ..Agenda Reports dated February 26, April 26, May 13 and May 17, .1999,
along with subseduent reports and materials prepared concerning this application.
D, Project ApplicationPRJ-99-001 seeksmodificationofthepriorArchitectureandSite
Approval for the Old Town proj ect (Proj ect Application PRJ-9b-162) approved by Council on March
17, 1997, upon denial of an appeal of the Commission decision to approve (Resolution 1997-24).
E. On January 27, 1999 the Commission approved modifications to the west elevation.
The modifications reflected changes to the approved design of the west elevation due in part to
tenants' requests and in part to construction changes
F. This .appeal of the Commission's decision to approve Project Application PRd-99-
001, was filed by Stacy J. Stewart, on ,grounds that the Commission did not .maintain the intent of
the planned development approvals and that the Commission did not have the discretion to make this
decision since the changes were major and impacted the planned development which only Council
can modify.
G. The Commission erred in approving modifications that would make the west
elevation oolc and function dike the .rear of Building E, thus defeating the Town's desire for 360
degree architecture, including maximum access to Buildu1g B via the west. elevation.
H. The appeal is hereby concluded and Council, by this action, resolves all remaining
issues raised as a consequence of Project Application PRJ-99-001, with the exception of .issues
related to the pedestrian corridor :and the configuration of the outdoor dining area for Steamers,
which issues had previously been separated from this application and remanded to the Planning
Commission.
RESOLVED:
1. The appeal of the decision ofthePlanning Commission onProject Application PRJ-
99-001 is therefore granted. In granting this appeal, Council determines as follows:
a. Regarding the Elm Street sidewalk design, that the proposed alternative that
would extend a portion of the sidewalk five feet into the current alignment of
Elm Street is disapproved.
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b. That the .addition of two (2) awnings at west elevation of The Gap store site
in Building E is approved.
c. That the proposed archway design presented as Attachment 29 to the Town
Council Staff Report dated June 16, 1999 is approved.
d. Modifications to the approved landscaping plan shall be subject to approval
by the Town :consistent with the :current conditions of approval and the
requirements .for obtaining final occupancy permits.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting ofthe Town Council of the Town of Los
Gatos,. California, held on the 6th day of July, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Joe Pirzynslci, Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: Randy Attaway
ATTEST::
,~..
SIGNED: ~. --_ __`.•4m~m~~
MA OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ~OF THE ' t ® S T ~'
.LOS GATOS;'C~~LI;~~RNIA
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