1989-226-Approval Of Plans To Expand An Existing Shopping Center To Add Additional Stores, Relocate An Existing Restaurant And To Construct Additional Parking On Property In The C-1 Zone And Modifying The ApprovalRESOLUTION 1989 - 226
RESOLUTION OF THE TOWN
APPEAL OF THE DECISION
GRANTING APPROVAL OF P
SHOPPING CENTER TO ADD
AN EXISTING RESTAURANT
PARKING ON PROPERTY IN
THE APPROVAL
OF LOS GATOS GRANTING THE
OF THE PLANNING COMMISSION
LANS TO EXPAND AN EXISTING
ADDITIONAL STORES, RELOCATE
AND TO CONSTRUCT ADDITIONAL
THE C -1 ZONE AND MODIFYING
(15537 UNION AVENUE - DOWNING SHOPPING CENTER)
WHEREAS:
A. Anthony Lapine has appealed a decision of the Planning
Commission as follows: granting the approval of plans to expand
an existing shopping center to add additional stores, relocate an
existing restaurant and to construct additional parking on property
in the C -1 zone located at 15537 Union Avenue and owned by Arthur
A. Downing, Jr. (Conditional Use Permit U -88 -12 and Architecture
and Site Application 5- 88 -50); and
B. A public hearing was held by the Town Council on November
6, 1989.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission
erred in not requiring an acoustical report for the property to
determine if additional conditions for noise mitigation would be
necessary.
B. The Town Council hereby further finds the approval should
be modified to provide for more privacy measures for the adjacent
residential property.
C. Based on the foregoing findings, the appeal is granted and
Conditional Use Permit U -88 -12 and Architecture and Site
Application 5 -88 -50 are approved, as modified, subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The Live Oak Restaurant is permitted a maximum of 120
seats, of which 24 seats are permitted for outdoor dining.
2. The sale of beer and wine is permitted on -site at the
Live Oak Restaurant with the service of food.
3. The hours of operation of the restaurant are restricted
to 6 a.m. through midnight.
4. The hours of operation for the supermarket is 24 hours.
5. The supermarket is permitted the sale of liquor for off
premise consumption.
6. A Tree Removal Permit is required prior to the issuance
of a Building Permit.
7. There shall be no deliveries to the rear of the market
between 10:00 p.m. and 7:00 a.m.; deliveries may be made at
the front of the store at any time. This condition shall be
reviewed one year after the supermarket commences operation.
8. The landscape strip between the south property line and
the vehicular entrance along the Union Avenue frontage should
be widened to 17 feet.
9. A six (6) foot high masonry wall is to be erected between
the residential and commercial property and shall be measured
from the residential side of the property.
TO THE SATISFACTION OF THE TOWN ENGINEER:
10. Final grading drainage, masonry retaining wall, driveway,
utility, parking lot and street striping plans shall be
provided.
11. Any work in the public right -of -way will require an
Encroachment Permit.
OA
12. Payment of a one percent (1 %) in -lieu fee for capacity
improvements at the following intersections:
Los Gatos Boulevard /Kennedy Road - Caldwell Avenue
$ 180.00
Los Gatos Boulevard /Blossom Hill Road
2,200.00
Blossom Hill Road /Union Avenue
4,410.00
Lark Avenue, Highway 17 to Los Gatos Boulevard
5,101.00
TOTAL IN -LIEU FEES$11,800.00
13. An agreement shall be entered into guaranteeing payment of ten percent
(10 %) of the cost of a traffic signal at the intersection of Los Gatos - Almaden
Road /National Avenue (Estimated 10 percent (10 %) share is $9,900.00).
14. All documents, contracts, bonds, insurance, as applicable, shall be provided
prior to recordation of any final map or issuance of any permits.
15. The applicant shall sign a two -year Tree and Landscape Maintenance
Agreement with the Town.
16. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or a registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
17. Prior to any construction or building permits being issued, the applicant shall
meet the Director of Parks, Forestry and Maintenance Services concerning the need
for protective fencing around the existing trees. A plan for 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.
18. Evergreen trees shall be provided on both sides of the wall along the Lapine
property with the cooperation of the private property owner.
19. Drought resistent evergreen trees should be used selectively to replace the
crepe myrtle trees proposed to be planted in the perimeter planters between the
parking lot and the street.
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.
[c?
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 20th day of November, 1989 by the following vote.
AYES: COUNCIL MEMBERS: Joanne Benjamin, Robert L. Hamilton
Brent N. Ventura
Mayor Thomas J. Ferrito
NAYES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
NONE
Eric D. Carlson
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