1985-177-Denying Appeal From The Planning Commission Decision To Reaffirm Approval Of Los Gatos Unified School District Conditional Use Permit And Making Certain Modifications ThereofRESOLUTION NO. 1985 -177
RESOLUTION DENYING APPEAL FROM THE
PLANNING COMMISSION DECISION TO REAFFIRM
APPROVAL OF LOS GATOS UNIFIED SCHOOL
DISTRICT CONDITIONAL USE PERMIT AND
MAKING CERTAIN MODIFICATIONS THEREOF
(16555 Shannon Road -- Los Gatos Union School District)
WHEREAS:
1. John and Wanda Shay, Rodney and Alice Anderson, M.D. Beeker,
Roy Bowman, Orman Smith, Emanuel and Margaret Peters, L.A. Sanford,
Wayne Pierce, Arthur Baldwin, Mohammad Sheikholeslami, and Nola
Wicks have appealed a decision of the Planning Commission as
follows: reaffirming approval of a Conditional Use Permit U -81 -13
for property located at 16555 Shannon Road and owned by the Los
Gatos Union School District;
2. A public hearing was held by the Town Council on September 3, 1985
and continued to December 2, 1985;
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission
decision was correct to modify but not revoke the conditional use
permit.
2. The Town Council further finds that the conditional use permit
should be further modified to address the concerns of the neighbors
relating to traffic, noise, lighting and safety.
3. Based on the foregoing findings, the appeals are hereby denied
and the conditional use permit shall be subject to the following
additional conditions:
a. Truck deliveries shall be permitted outside between the
hours of 8AM to 5PM weekdays and said vehicles shall
enter and exit from the corporation yard only;
b. The lights in the parking lot shall be repaired, maintained,
and directed so that they do not intrude into adjacent
residences;
c. Trash receptacles shall be moved away from residences and
maintained in a clean and neat manner;
d. The fence adjacent to the residences shall be repaired;
e. Wheel stops shall be moved to avoid vehicle contact
with the fence;
f. No manufacturing,
products shall oc
g. Landscaping shall
h. Regular clean -ups
i. Provisions of the
for compliance by
product testing, or production of any
:ur on site after July 1, 1986;
be maintained;
of the grounds shall occur; and
conditional use permit shall be reviewed
Town Planning Commission on July 9, 1986
4. The conditional use permit shall be subject to the following
conditions imposed by the Planning Commission on June 26, 1985:
a. There shall be no noise burden on the neighborhood;
b. Working hours on the site shall be limited to hours
from 8AM to 5PM only;
c. The school district shall notify Deka that they are
facing a possible revocation of their conditional use
permit if these additional conditions, plus the ones
that are already there are not abided by; and
d. The school district, as property owner, shall have the
ultimate responsibility for compliance with these conditions.
5. The conditional use permit shall be subject to the following
conditions imposed by the Planning Commission on June 24, 1981:
a. All future uses of the building shall be limited to those
defined by Division B -2 Occupancies in Section 701 of the
1979 Uniform Building Code; and
b. This approval is valid for eight (8) years and will expire
on June 24, 1989.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 16th day of December ,1985.
by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Thomas J.
Ferrito, Brent N. Ventura and Terrence J. Daily
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Eric D. Carlson
SIGNED: c/6.4
ATTEST:
DEPUTY CLERK OF THE TO OF LOS GATOS