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..
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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.
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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
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