2001-113-Denying An Appeal Of The Decision Of The Planning Commission Approving Alterations To The Facade Of A Commercial Building On Property Zoned R-1d. Architecture And Site Application: S-01-60. Property Location: 310 Los Gatos - SaraRESOLUTION 2001 -113
ADOPT RESOLUTION DENYING AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION APPROVING ALTERATIONS TO THE FACADE OF A COMMERCIAL BUILDING
ON PROPERTY ZONED R-11).
ARCHITECTURE AND SITE APPLICATION: S-01-60.
PROPERTY LOCATION: 310 LOS GATOS-SARATOGA ROAD.
PROPERTY OWNER: ROBERT AND LAURETTE KIRKENDALL.
APPLICANT: TODD EDWARDS, PENINOU FRENCH LAUNDRY AND CLEANERS, INC.
APPELLANT: NICK CONSTANTINE
WHEREAS:
A. This matter came before Council for public hearing on October 1, 2001, on an appeal by Nick
Constantine (Appellant) from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material
contained in the Council Agenda Report dated September 26, 2001 and Desk Item dated October 1, 2001,
along with subsequent reports and materials prepared concerning this application.
C. The applicant is proposing to refurbish the exterior of an existing commercial building.
Development Review Committee considered the application on June 26, 2001 and no deficiencies were
noted by any of the departments and the application was subsequently deemed complete on July 2, 2001.
The Planning Commission considered this item on August 8, 2001 and denied the appeal of the approval
of the Architecture and Site application based on the conclusion by the Commission that the proposed
improvements will be beneficial to that area of Town and that the traffic issues raised by the appellant are
not relevant to this application.
D. Appellant claims that the Planning Commission erred or abused its discretion when denying
the appeal, and that there is new information that was not reasonably available at the time of the Planning
Commission decision, that the Planning Commission did not have the discretion to modify or address the
policy or issue that is vested in the Town Council.
E. The Planning Commission decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application
S-01-60 is denied. The Conditions of Approval, attached to the Town Council Report dated September 26,
2001 and identified as Attachment 2, are applied to this appeal.
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 and Federal
law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 15TH day of October, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
2AYOR10VE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
��
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
310 Los Gatos -Saratoga Road
Architecture and Site Application S-01-60
Requesting approval to alter the facade of a commercial building on property in the R-11)
zone.
PROPERTY OWNER: Robert and Laurette. Kirkendall
APPLICANT: Todd Edwards, Peninou French Laundry and Cleaners, Inc.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
Manning Section):
1 • APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20,320 of the Town Code, unless the application is vested.
2. APPROVAL. This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as Exhibit O in the report to the Planning Commission. Any minor changes or modifications
made to the approved plans shall be approved by the Director of Community Development
other changes will be approved by the Planning Commission, depending on the scope of the
change(s).
3• PARKING FEE: The appropriate parking fee, $4,000,00, shall be paid to the Finance
Department prior to the issuance of building permits.
(Building Department):
4. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure.
5. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue -lined" in full
on the cover sheet of the construction plans submitted for a building permit.
6. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24" x 36".
7. PLANS: The c6nstruction plans for this project shall be prepared under the direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538).
8. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in accordance
with U13C Section 106.3.5. Please obtain Town Special Inspection form from the Building
Division Service Counter. The Town Special Inspection schedule shall be blue -lined on the
construction plans.
8. TITLE 24 ACCESSIBILITY - COMMERCIAL - On -site general path of travel shall comply
with the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to. accessibility entrances from parking and sidewalks.
9. TITLE 24 ACCESSIBILITY - COMMERCIAL - The building shall be upgraded to comply
Attachment 2
310 Los Gatos -Saratoga Avenue/S-0 1 -60
October 1, 2001
Page 2
with the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design architect then confirmed by Town Staff.
10. TITLE 24 ACCESSIBILITY - COMMERCIAL - On -site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
11. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permits:
a. Santa Clara County Fire Department: 378-4010
12. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara V alley
Nonpoint Source Pollution Control Program specification shall bepart of plan submittal.
The specification sheet is available at the Building Division Service Counter.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division):
13. CIRCULATION: On -site circulation improvements including any combination of striping
and signs shall be installed to the satisfaction of the Director of Public Works.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
14. The applicant shall contact this department's hazardous materials division and consult with
Mr. John Justice. Prior to building permits being issued, the applicant shall comply with all
provisions of the 1997 Uniform Fire and Building Codes relative to dry cleaning operations.
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