2000-074-Deny An Appeal Of A Planning Commission Decision Denying Architecture And Site And Conditional Use Permit Applications To Demolish A Service Station And Single Family Residence To Construct New Service StatioRESOLUTION 2000 - 74 ~
RESOLUTION BIFURCATING APPLICATIONS TO ,DENY AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING ARCHITECTURE AND SITE AND CONDITIONAL USE PERIVIIT
APPLICATIONS TO DEMOLISH A SERVICE .STATION AND .SINGLE 'FAMILY RESIDENCE TO
CONSTRUCT A NEW SERVICE STATION WITH A CONVENIENCE STORE AND CARWASH, .AND TO
ALLOW RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO RECOMMEND
DENIAL OF AN APPLICATION OF A ZONE CHANGE FROM R-1:8 TO CH AND DENYING A
NEGATIVE DECLARATION.
DEVELOPMENT APPLICATION: DEV-98-010
PROJECT APPLICATION: PRJ-98-213
NEGATIVE DECLARATION: ND-98-0017
PROPERTY.LOCATION: 16L85 BURTON ROAD
PROPERTY OWNERS/APPELLANT:
WILLIAM ERRICO AND DENNIS CHEGWIN, EUGENE GONZALES, TRUSTEE
APPLICANT: SERVICE STATION PROPERTIES
WHEREAS:
A. This matter came before the Council for public hearing on May 22 2000, on an appeal by William
Brrico,, .Dennis Chegwn, Eugene Gonzales, Trustee (property owners/appellants), 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 wishedto testify or submit documents. The Council considered all testimony and materials submitted,
including the .record of the Planing Commission proceedings and the packet of material contained in the Council
Agenda Report dated May 19, .2000 along with subsequent reports and materials prepared concerning this
application.
C. On June S, 2000, Council decided #o bifurcate the applications in order to hold a new public hearing
to reconsider whether to accept the .Planning Commission decision. to deny the re zoning application, but not to
reconsider its prior decision to deny the appeal of the Commission decision to deny the related Architectural .and
Site and Use .Permit applications. allowing development of a service station, carwash and convenience store.
D. The applicant is requesting .approval of a zone change for the parcel at 1618.5 Burton Road from R-
1:8 (single family residential) to CH (Restricted Highway Commercial). The proposed re zoning would be
consistent with the General Plan.. ~~i addition to the re zoning request, appl..,ant is requesting approval of plans to
construct a two story commercial building. The first level of the building will contain a 2,130 square foot service
station/convenience store, the second level will consist of 1,096 square feet of office use associated with the service
station/convenience store, and a 950 square foot car wash on three parcels totaling 32,228 square .feet.
B. Development Review Committee considered the application .and recommended approval fo the
applications subj ect to conditions. Planning Commission considered this matter on March 22, 2000 and denied the
application.
F. The appellants are appealing the Planning Commission decision because they believe that the
Commission erred or abused :its discretion and erroneously failed to consider that the proposed uses of the property
would not impair the integrity and character of the zone.
G. Council finds that the Commission did not err in denying the Architectural and .Site and Use Permit
applications allowing development of a service station, carwash and convenience store.
RESOLVED.:
The appeal of the decision of the Planning Commission on Development Application DEV-9S-010,
Project Application PRJ-98-213, and Negative Declaration ND-98-0017 is, therefore, bifurcated so that the
Architectural and Site and Use Permit application appeals are hereby denied, and the Planning Commission
recommendations to deny therezonng application and related negative declaration shall be reconsidered by Council
at a future public hearing.
The decision concerning the Architectural and Site and Use Permit application appeals constitutes a final
administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 ofthe
Town Code of the Town of Los :Gatos. Any application for judicial relief from this decision mustbe 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.
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PASSED AND ADOPTI-J~. at a regular meeting of the Town COUn~.. of the'Town of Los Gatos, California
held on the 19t" day of June, 2000 by the following vote.
COUNCIL MEMBERS.:
AYES: Jan Hutchins, .Joe Pirzynski, Mayor Steven Blanton.
NAYS: None
ABSENT: Randy Attaway, Linda Lubeck
ABSTAIN: None
SIGNED:
GATOS, CALIFORNIA
ATTEST
CLERK OF 'PHE TOWN OF L GATOS
LOS GATOS, ;ALTFORNIA
GATOS
S:WTY619.23