Item 3 - Exhibit 03 - Recommended Conditions of Approval
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Planning Commission –November 11, 2020
CONDITIONS OF APPROVAL
35 University Avenue
Conditional Use Permit Application U-20-008
Requesting a Zoning Consistency Determination and Approval of a Conditional Use
Permit for a Bank (Charles Schwab Community Banking and Investment Services) on
Property Zoned C-2:LHP:PD. Located at 35 University Avenue. APN 529-02-044.
PROPERTY OWNER: SRI Old Town LLC.
APPLICANT: Amber DeMaglio
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year, the approval lapses pursuant
to Section 29.20.340 of the Zoning Ordinance.
4. USE: The approved use is a bank.
5. HOURS OF OPERATION: Maximum hours of operation are Monday through Friday, 8:00
a.m. to 6:00 p.m.; and Saturday, 8:00 a.m. to 4:00 p.m.
6. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not
be made from University Avenue or Elm Street.
7. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall
only be emptied between 9:00 a.m. and 9:00 p.m., to limit the noise impacts.
8. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
9. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the
Los Gatos Community Development Department must be obtained prior to
commencement of use.
10. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new or change of use.
11. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
EXHIBIT 3
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party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
12. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.