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1999-176-Denying An Architecture And Site Approval And Conditional Use Permit To Demolish A Service Station And Construct A 24-Hour Convenience Mart With Gas Station And A Variance Application To Project Into The Required Setbacks On Property Zoned C-2RESOLUTION 1999 - 176 RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURE AND SITE APPROVAL AND CONDITIONAL USE PERMIT TO DEMOLISH A SERVICE STATION .AND CONSTRUCT A 24-HOUR CONVENIENCE MART WITH GAS STATION AND A VARIANCE APPLICATION TO PROJECT INTO THE .REQUIRED SETBACKS ON .PROPERTY ZONED C-2 PROJECT APPLICATION: PRJ-99-034 VARIANCE APPLICATION: V-99-002 PROPERTY LOCATION: 275 LOS GATOS-SARATOGA ROAD PROPERTY OWNERS: EUGENE.AND.DOROTHY MULVANY APPLICANT: TIMOTHY BOWEN, RHL DESIGN APPELLANT: ROBERT KURIMA (CHEVRON) WHEREAS: A. This matter came before the Council .for public hearing on November 1, 1999, on an appeal by appellant, Robert I~urima (Chevron), from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, .including the record of the Planning Commission proceedings and the packet of .material contained in the Council Agenda Report dated August 26, 1999, September 2, 1999, .and October 21, 1999, .along with subsequent reports and materials prepared concerning this application. C. The Development Review Committee considered the application on March 23 1999... It was heard by the Planning Commission on July 14, 1999 where it was denied. On July 23,1999, the appeal of the Planning Commission's decision was filed with the Town Clerk's office.. Page 1 of 3 D. The applicant is requesting Architecture and Site approval to demolish an existing self-service gas station with two service bays and construct a new self-service station with a convenience mart building. Currently, the gas station's existing Conditional Use Permit allows it to operate continuously for 24-hours. The applicant is requesting that the existing CUP for the station be modified to allow the addition of anew convenience mart without beer and wine. E. Over the past. two years, the applicant has come forth with two separate applications for upgrading the service station and adding a 24-hour convenience mart to their operations. Both applications have been considered and denied by the Planning Commission due to negative impacts on the quality of life in the surrounding neighborhood from :increased noise, light and traffic. F. The Appellant filed their appeal of the Planning Commission's .decision, basing the t .appeal on new information from surrounding neighbors that was brought forth during the. Planning Commission hearing and was unknown to the appellant. G. The Planning Commission decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Project PRJ-99-034 and Variance Application V-99-002 is therefore denied. 2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this. decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal law. Page 2 of 3 i PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, on the 22°d day of November, 1999 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski, Mayor Steven Balnton NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAY OF THE TOWN OF LOS GATOS LOS ATOS, CALIFORNIA ATTEST: CLERK OF T'HE TOWN OF S GATOS LOS G~`a"TOS, CALIFORNIA Page 3 of 3