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1984-028-Granting Appeal From Planning Commission Decision Denying Conditional Use Permit-Walgreen CompanyRESOLUTION NO. 1984 -28 RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT (444 North Santa Cruz Avenue - Walgreen Company) WHEREAS: 1. Walgreen Company has appealed a decision of the Planning Com- mission as follows: denying Conditional Use Permit Application U- 82 -2R; and 2. A public hearing was held by the Council on February 21, 1984; and IT IS HEREBY RESOLVED: The Town Council hereby finds as follows: a. The Planning Commission erred in that sufficient infor- mation was not presented to the Planning Commission to indicate the nature of the use and the measures which the applicant will be willing to take in order to mitigate traffic and to become a more local serving establishment. 2. The Council further finds as follows: a. It is desirable to the public convenience or welfare to have this use because it provides a variety of merchandise which may not now be readily available in Town. b. It does not impair the integrity and character of the zone, since it is a commercial use in a commercial zone and very much like the preceding use (Dolly's). c. It is not detrimental to the public health, safety or general welfare inasmuch as health, safety, codes, ordinance and statute would be complied with. d. It is in harmony with the various elements and objec- tives of the General Plan. e. It is in harmony with the provisions of the Downtown Specific Plan which indicates a desire for local serving businesses in the portion of Town where the subject property is located. This factor mitigates potential traffic impact, in conjunction with the other measures Appellant will undertake to reduce traffic impact. 3. Based on the foregoing findings, the appeal is granted sub- ject to the following conditions: a. All three traffic mitigation measures referred to in the staff report ((1) improving driveway access; (2) establishing no left turns throughout the shopping center; and (3) providing access through the public parking lot in the former Southern Pacific right -of -way) shall be investigated by staff. These traffic impact reduction measures shall be implemented by Appellant unless staff determines that any of said measures will not reduce traffic mpact, in which case Appellant shall not be required to implement any such measures. b. There shall be no liquor sales department on the subject property. c. The area previously allocated to packaged liquors shall contain items of local use to Town residents, based on a market survey to identify local needs. d. Restrooms shall be modified to comply with Title 24 Handicapped Access Regulations to the satisfaction of the Building Official. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 5th day of March, 1984, by the fol- lowing vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily and Thomas J. Ferrito NOES: COUNCILMEMBERS HI ABSTAIN: COUNCILMEMBERS Brent N. Ventura ABSENT SIGNED: ATTEST: COUNCILMEMBERS None fLERK OF THE TOWN OF LO GAT S -2-