1999-115-Approving A Conditional Use Permit To Operate An Existing Botanical Nursery On Property Zones ORESOI,ITTIOl®1 1999 -115
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION .APPROVING A
CONDITIONAL USE PERMIT TO OPERATE AN EXISTING BOTANICAL NURSERY ON
PROPERTY ZONED O (OFFICE) AND LM (COMMERCIAL-INDUSTRIAL)
.PROJECT APPLICATION: PRJ-9~-137
PROPERTY LOCATION: 15'796 WINCHESTER BOULEVARD
PROPERTY OWNER: TOORU RIBOSE
.APPLICANT /APPELLANT: GREEN THUMB NURSERY/STEVEN MOLHO
WHEREAS:
A. This matter came before the Council for public hearing on July 6, l 999, on an appeal
by Green Thumb Nursery/Seven Molho 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 .June 25, 1999, along with
subsequent reports and materials prepared concerning this application.
C. The .appellant applied for a Conditional Use .Permit on August 10, 199 to operate
an existing botanical nursery in order to comply with the 20 year amortization period .for
nonconforming nurseries. The application and appeal focus on parking lot pavement and
configuration. The Town Code requires eight (8) parking spaces for the existing nursery .and all
driveways and maneuvering areas are to be paved. The .appellant's site plan does not provide for
paved parking, and proposed parking on Farley Road does not meet the minimum .front setback as
provided by the Code.
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D. The Planning Commission considered the application on January 27, 1999 aril
continued the public hearing to April 14, 1999 to permit applicant to address the ingress/egress,
parking and paving issues. On 'May 12, 1999 the application was approved by the Commission
subject to conditions by the Development lZeview Committee,
E. Appellant is appealing the Planning Commission's decision concerning the condition
of approval requiring. the parking lot meet all Town Code requirements. The appellant bases the
appeal on grounds that the .Planning Commission did .not have discretion to modify or address the
approval of a Conditional Use Permit to operate an existing botanical nursery on property zoned O
and LM;
P. Council finds as follows:
(1) That the applicant has made clear that meeting the paved parking requirements
of the Code will impose an economic hardship on the applicant and may be detrimental to the
business by limiting permeable areas for storing ,and displaying plants.
(2) That the applicant has operated for many years as a botanical nursery which
is a desirable use reflecting the values of the community, .and one that should be encouraged and
preserved.
(3) Pursuant to Town Code section 29.20.300 thatthe Planning Commission did
not have the discretion to modify or address a policy which is vested in the Council for modification
or decision, to wit: that Town Code provisions .regarding paved parking. may be inapplicable to
certain uses such as this, and that the Town should evaluate whether to modify the Town Code in
this regard.
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)RESOLED;
I~
The appeal on Project Application PRJ-98-137 is therefore granted and the decision
of the Planning Commission is amended with the addition of the following condition:
4. .PARKING. By no later than July 19, 2000, the first anniversary of the date
of the adoption of this .resolution, the parking .lot shall meet all Town Code
requirements effective as of July 19, .2000.
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19`" day of July , 1999 by the .following vote:
COUNCIL MEMBERS:
AXES.: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan fIutchins
NAYS: None
ABSENT: None
ABSTAIN.: None
ATTEST:
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CLERK OF' .THE TOWN OF LOS GATOS
LOS OA'I'OS, CALIFORNIA