1999-051-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:LHPRESOLUTION 1999 - 51
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. This matter came before the Council for public hearing on March 15, 1999, which
hearing was then continued to April 5, 1999, and again to April 19, 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.
B. The Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. The 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 February 26, 1999, along with subsequent
reports and materials prepared concerning this application.
C. Project Application PRJ -99 -001 seeks modification of the prior Architecture and Site
Approval for the Old Town project (Project Application PRJ -96 -162) approved by the Town Council
on March 17, 1997, upon denial of an appeal of the Planning Commission decision to approve
(Resolution 1997 -24).
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D. On January 27, 1999 the Planning 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.
E. This appeal of the Planning Commission's decision to approve Project Application
PRJ -99 -001, was filed by Stacy J. Stewart, on grounds that the Planning 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
Town Council can modify.
F. The Planning Commission erred in approving modifications that would make the west
elevation look and function like the rear of Building E, thus defeating the Town's desire for 360
degree architecture, including maximum access to Building E via the west elevation.
G. The appeal is hereby bifurcated to allow the Town Council to retain jurisdiction over
all Elm Street issues, the service lift for 'Steamers Restaurant, all issues concerning the trash
compactor, and additional lighting along the courtyard of Building E. The public hearing on these
issues has been continued by the Town Council. By this action, the Town Council resolves all other
issues raised as a consequence of Project Application PRJ -99 -001, including the addition of two (2)
new conditions (Nos. 89 and 90) to the conditions of approval of the prior Architecture and Site
Approval for the Old Town project (Project Application PRJ -96 -162) approved by the Town Council
on March 17, 1997, upon denial of an appeal of the Planning Commission decision to approve
(Resolution 1997 -24).
RESOLVED;
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
99 -001 is therefore granted in part, excluding the issues of Elm Street, the trash compactor, the
Steamers Restaurant service lift and fighting along the courtyard area of Building E, which issues are
bifurcated and shall remain within the Town Council's jurisdiction. In granting this appeal, the Town
Council approves modifications to the west elevation of Building E as reflected in Exhibit "A" to this
resolution, attached hereto and, by this reference, incorporated herein.
2. The following conditions (Nos. 89 and 90) are hereby added to the conditions of
approval of the prior Architecture and Site Approval for the Old Town project (Project Application
PRJ -96 -162) approved by the Town Council on March 17, 1997, upon denial of an appeal of the
Planning Commission decision to approve (Resolution 1997 -24):
TO THE SATISFACTION OF THE DIRECTORS OF PLANNING AND PARKS AND PUBLIC
WORKS
89. Display windows located on the west elevation of Building E must display
merchandise currently available from a store located in Building E, must be regularly cleaned,
maintained, and changed, must be illuminated at night, and display glass shall not be obscured in any
way by any material(s) or object(s) affixed in any manner to the outside or inside surfaces of the glass.
90. Double doors located at the west elevation of Building E store spaces to be
occupied by Gap, Gap Kids and Banana Republic shall provide full customer access to those store
spaces upon either the termination of current leases, including any option periods for those store
spaces, or the issuance of any permits for any tenant improvements valued at or over FIFTEEN
THOUSAND DOLLARS ($15,000) for those store spaces, whichever occurs first.
3. 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
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Gatos. Any application for judicial relief from this decision must besought 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 of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of May, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, joe Pirzynski,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK OF THE TO« OF Li3 GATOS
LOS GATOS, CALIFORNIA
OF�WN OF LOS GATOS
ALIFORNIA