1988-172-Approving One-Year Time Extension To An Approval Granted To Construct An Additional Office Building And To Waive Screen Wall Requirement On Property In The "O" Zone And Planning Commission Decision Denying Request To Modify Conditions Of ApprovalRESOLUTION NO: 1988 -172
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING OF
ONE -YEAR TIME EXTENSION TO AN APPROVAL GRANTED TO CONSTRUCT AN
ADDITIONAL OFFICE BUILDING AND TO WAIVE SCREEN WALL REQUIREMENT ON
PROPERTY IN THE "0" ZONE AND OF PLANNING COMMISSION DECISION DENYING
REQUEST TO MODIFY CONDITIONS OF APPROVAL
WHEREAS:
1. William L. Higgins has appealed a decision of the Planning
Commission as follows: approval of one -year time extension to an approval
granted to construct an additional office building and to waive screen
wall requirement on property in the "0" zone and denial of request to
modify conditions of approval for property located at 400 Blossom Hill
Road and owned by William L. and Virginia B. Higgins (Architecture and
Site Application S -84 -5 and Variance Application V- 84 -1).
2. A public hearing was held by the Town Council on August 1, 1988.
BE IT RESOLVED:
1. The Town Council hereby finds that no evidence or testimony has
been presented that the Planning Commission erred.
2. The Town Council hereby further finds the approval occurred
prior to the establishment of the Town traffic policy and the conditions
the appellant seeks to modify relate to reduction of traffic impacts.
3. Based on the foregoing, the Town Council hereby denies the
appeal and grants the extension of approval of Architecture and Site
Application S -84 -15 and Variance Application V -84 -1 without modification
of the conditions of approval. Such approvals shall expire on February 2,
1989. The conditions are as follows:
1. Applicant shall pay an in -lieu fee for appropriate share of the cost of
traffic capacity improvements listed below:
a. Intersection of Blossom Hill Road /Roberts Road
2. Applicant shall provide 65 parking spaces on -site.
3. The maximum number of employees permitted on the site is 60.
4. Applicant shall use best efforts to utilize flexible working hours for
the employees at the site to avoid traffic during morning peak hours and
during the period from 3:00 p.m. to 5:00 p.m.
5. Applicant shall record a deed restriction specifying the maximum number
of employees and requirement for flexible working hours and the filing
of an annual affidavit. The content of the deed restrictions shall be
subject to the approval of the Town Attorney. The deed restriction
shall be recorded prior to the issuance of the Building Permit.
6. The owner of the property and any subsequent owner shall file an
affidavit annually with the Planning Department on or before October 1,
listing the number of employees and delineating the work schedule of the
persons employed on the site to demonstrate compliance with conditions 3
and 4.
%. Applicant shall grant an open space easement to the Town on the
undeveloped portion of the property, to the satisfaction of the Planning
Director and the Town Attorney.
8. A triangular island shall be constructed in the driveway of the
development for the purpose of limiting traffic movement to the right
turn only into and out of the property, subject to the satisfaction of
the Town Engineer.
9. Final parking, circulation, parking lot striping, parking lot signing,
drainage, interim and final erosion control and utility plans shall be
submitted to the satisfaction of the Town Engineer. New parking lot
lighting shall be maximum 70 watt high pressure sodium "cut -off" style
fixtures.
10. A well information questionnaire (available through the Town engineer)
shall be completed to the satisfaction of the Town Engineer.
11. Prior to any building permits being issued, the applicant shall meet
with the Director of Parks, Forestry and Maintenance Services concerning
the need for protective fencing around the existing trees. A plan for
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(adjacent to
Fisher Junior High School
1%
b.
Intersection
of Blossom Hill Road /Los Gatos Boulevard
1%
c.
Intersection
of Los Gatos Boulevard /Lark Avenue
1%
d.
Intersection
of University Avenue /Lark Avenue
1%
e.
Public improvements (including sidewalks /excluding the
bridge) relating to pedestrian safety along Blossom Hill
Road between
Winchester Boulevard and Los Gatos Boulevard
1%
2. Applicant shall provide 65 parking spaces on -site.
3. The maximum number of employees permitted on the site is 60.
4. Applicant shall use best efforts to utilize flexible working hours for
the employees at the site to avoid traffic during morning peak hours and
during the period from 3:00 p.m. to 5:00 p.m.
5. Applicant shall record a deed restriction specifying the maximum number
of employees and requirement for flexible working hours and the filing
of an annual affidavit. The content of the deed restrictions shall be
subject to the approval of the Town Attorney. The deed restriction
shall be recorded prior to the issuance of the Building Permit.
6. The owner of the property and any subsequent owner shall file an
affidavit annually with the Planning Department on or before October 1,
listing the number of employees and delineating the work schedule of the
persons employed on the site to demonstrate compliance with conditions 3
and 4.
%. Applicant shall grant an open space easement to the Town on the
undeveloped portion of the property, to the satisfaction of the Planning
Director and the Town Attorney.
8. A triangular island shall be constructed in the driveway of the
development for the purpose of limiting traffic movement to the right
turn only into and out of the property, subject to the satisfaction of
the Town Engineer.
9. Final parking, circulation, parking lot striping, parking lot signing,
drainage, interim and final erosion control and utility plans shall be
submitted to the satisfaction of the Town Engineer. New parking lot
lighting shall be maximum 70 watt high pressure sodium "cut -off" style
fixtures.
10. A well information questionnaire (available through the Town engineer)
shall be completed to the satisfaction of the Town Engineer.
11. Prior to any building permits being issued, the applicant shall meet
with the Director of Parks, Forestry and Maintenance Services concerning
the need for protective fencing around the existing trees. A plan for
-2-
such protective fencing demonstrating type and location shall be
submitted to the Planning director after being approved by the Director
of Parks, Forestry and Maintenance Services. Such fencing is to be
installed prior to, and be maintained during, construction.
12. A two -year tree maintenance contract shall be established for the
protection of existing and newly planted trees, to the satisfaction of
the Town Engineer.
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, California, held on the 6 day of September
1988 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Brent N. Ventura
& Mavor Eric D. Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferrito & Robert L. Hamilton
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:C �u —
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
DEPUTY CLERK OF THE TOWN OF S GATOS
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