1990-212-Approval Of A Five-Year Time Extension To A Previous Approval For Construction Of A Electrical Substation On Property Located In The CM ZoneRESOLUTION 1990 -212
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL
OF A FIVE -YEAR TIME EXTENSION TO A PREVIOUS APPROVAL
FOR CONSTRUCTION OF AN ELECTRICAL SUBSTATION ON
PROPERTY LOCATED IN THE CM ZONE
(14750 Winchester Boulevard - Pacific Gas & Electric)
WHEREAS:
A. Thelma Spaziani, on behalf of the Charter Oaks Townhouse Association,
had filed an appeal of a decision of the Planning Commission as follows: approval of a
five -year time extension to a previous approval for construction of an electrical substation
on property located in the CM Zone on property located at 14750 Winchester Boulevard
and owned by Pacific Gas & Electric (Conditional Use Permit U- 75 -413); and
B. A public hearing was held by the Town Council on October 1, 1990; and
C. Thelma Spaziani, on behalf of the Charter Oaks Townhouse Association,
requested withdrawal of the appeal; and
D. Burt Click took the position of appellant to request particular conditions
be added to the Conditional Use Permit; and
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was
presented that the decision of the Planning Commission was in error.
B. The Town Council hereby further finds that the Planning Commission was
correct in requiring that a supplemental environmental impact report be done.
C. The Town Council hereby further makes the following findings for the
granting of a conditional use permit pursuant to Zoning Ordinance Section 5.20.210:
1. The proposed use is essential and desirable to the public convenience
and welfare in that it will be a source of needed electrical power.
2. The proposed use will not impair the integrity of the zone as adequate
measures will be taken to mitigate hazardous materials and noise
impacts and the existing landscaping will be enhanced.
3. The project will not be detrimental to the public health, safety or
general welfare because appropriate safety measures are being taken
and all applicable local, state and federal laws will be adhered to.
4. The use is in harmony with the various elements and objectives of the
General Plan and purposes of the Zoning Ordinance and is an
appropriate use in the LM zone.
D. Based on the foregoing findings, the request to withdraw the appeal is
accepted, the appeal is denied and Conditional Use Permit U -75 -413 is hereby granted
subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A comprehensive landscape plan shall be submitted for the site. Any
new landscaping required to be planted by staff shall be installed by
June 30, 1991.
2. The latest starting date for Phase four (substation construction) is
extended to September 1, 1995, with a conditional five -year extension
possible at that time, but no further extension after that.
3. An Architecture and Site Application shall be filed for the substation
to allow Planning Commission review.
4. Additional sound barriers are required along the easterly property line
bordering the Charter Oaks Condominiums at the time the substation
is constructed. A noise analysis shall be submitted at the time an
Architecture and Site application is filed.
5. P.G. & E. shall restrict the operation of heavy equipment within the
site to the hours of 7:00 a.m. and 6:00 p.m. (this includes Davey Tree
operations) with exception that operation of the tree chopping
operation may operate outside those hours during emergency situations
only, subject to Town staff approval that an emergency does exist.
6. A Supplemental Environmental Impact Report will be required to
address the electromagnetic field health issue and other issues that may
have changed since the first EIR was submitted. The supplemental
EIR shall be required as part of the Architecture and Site Application
or when a request is submitted for another time extension beyond 1995.
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7. The applicant shall enter into a new agreement providing for the
undergrounding of overhead utilities on Winchester Boulevard from
Lark Avenue to the north property line. Undergrounding is to be done
at the time the substation is constructed, or by September 1, 2000,
whichever occurs first.
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 15th day of October, 1990, by the following vote.
Vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: NONE
ABSENT: Robert L. Hamilton
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