2001-014-Granting One Appeal And Denying Another Appeal Of A Decision From The Planning Commission To Approve The Conversion Of An Existing Commercial Space Into A Super Drugstore (Longs) On Property Zoned C-1 Conditional Use Permit : U-00-20
RESOLUTION 2001-14
RESOLUTION GRANTING ONE APPEAL AND DENYING ANOTHER APPEAL OF A
DECLSION FROM THE PLANNING COMMISSION TO APPROVE THE CONVERSION OF
AN EXISTING COMMERCIAL SPACE INTO A SUPER DRUGSTORE (LONGS) ON
PROPERTY ZONED C-1
CONDITIONAL USE PERMIT: U-00-20
PROPERTY LOCATION: 1492 AND 1440 POLLARD ROAD
PROPERTY OWNER/APPLICANT: RINCONADA INVESTMENT COMPANY
APPELLANTS: GEORGE RAMSTAD AND EDIE MORAD-ROSS
WHEREAS:
A. This .matter carne before Council for public hearing on January 8, 2001,. on appeals
by George Rarnstad .and Edie Morad-Ross from a decision of the Planning Commission and was
regularly noticed in conformance with State .and Town law.
B. Council received testimony and documentary evidence from the appellants and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the paclcet
ofmaterial contained in the Council Agenda Reports dated January 3,.2001, along with subsequent
reports and materials prepared concerning this application.
C. Applicant is proposing to operate a 7,000 square foot super drugstore in the existing
Rinconada Hills Shopping Center,. and occupy two contiguous tenant spaces that are adjacent to the
:Safeway Groceiy Store andthat formerly contained both the Rinconada Pharmacy and the Rinconada
Liquors. To accommodate the proposed Longs, the existing architecture of the Rinconada Shopping.
Center will be updated.
D. The Plamling Commission first considered the application on August 1 1, 1999 and
was denied because the Commission could not make the.necessary findings to support the CUP. In
considering a subsequent application, the Planning Commission, on November 15, 2000, approved
the CUP for Longs subject to conditions.
E. Appellant Ramstad's appeal is based on the belief that the Planning Commission
erred or abused its discretion because of imposed conditions after the public testimony was closed
that were. not acceptable to the applicant. Those conditions entirely prohibited the sale of liquor, film
processing, and videos. Appellant 1Vlorad-Ross' appeal is based on the belief that the Planning.
Commission did not have the discretion to approve the prof ect without consideration to the General
Plan,. traffic and safety impacts, hours of operation and number of drugstores in Los Gatos.
F. With regard to the Ramstad .appeal, Council finds pursuant to Town Code Section
29..20.3 00 that this matter presented an issue or policy over which the Planning Commission did not
leave discretion to modify or address; to wit, how to apply Town Policies concerning the protection
and encouragement of local business.
G. Council further finds with :regard to the Morad-Ross appeal that the Planning
Commission was correct in approving the application.
RESOLVED:
1. The Ramstad appeal of the decision of the Planning Commission on Architecture and
Site Application 5-00-22 is granted. The revised Conditions of Approval attached hereto as Exhibit
A are hereby applied to this application..
2. The 1Vlorad-Ross appeal of the decision of the Planning Commission on Architecture
.and Site Application 5-00-22 is denied..
3. The decision constitutes a final administrative decision pursuant to Code of Civil
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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 tune as required by State and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos,. California held on the St'' day of February, .2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, .Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ~/
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
~~ ~ ,..~~
_ ~ 'f
CLER.I~:O1~ THE TOWN U OS GATOS
LOS ~Cz~TUS, CALIFORNIA
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CONDITIONS OF APPROVAL
1492 and 1440 Pollard Road
Conditional Use Permit'U-00-20
Requesting approval to convert a commercial space into
a super drugstore (Longs] on property zoned C-1.
Property Owner/Applicant: Rinconada Investment Company
TO THE SATLSFACTION OF THE .DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. EXPIRATION OF APPROVAL: The Conditional Use Permit approval for the
building will expire two years from the date of approval unless the approval is used
before expiration..
2. OUTDOOR TRASH CONTAINERS: All outdoortrash containers shall be enclosed
by a solid wall or a fence at least (6) six feet high and gated.
3. .ALCOHOLIC BEVERAGES: Theis store shall not sell any alcoholic'beverages.
4. FILM PROCESSING: Photo processing services shall not be provided on site until
six months after the Rinconada Hills Shopping Center has been vacant of :any
locally owned phot processing business. Longs shall not..pursue or encourage the
eviction of any tenant in the Center and agrees that any attempt to do so would
forfeit their right to provide this service.
5. ~/lDEO RENTAL/SALES: This store shall not rent or sell any videotapes.
6, HOURS OPERATION: The maximum hours of operations shall not exceed the
following scheduled:
Monday through Saturday 8:OD A.M. to 10.:00 P.M.
Sunday 10:00 A.M. to 8:D0 P.M.
7. HOURS OF DELIVERIES, LOADING, and UNLOADING: The .loading and
unloading of delivery trucks shall only be allowed between the hours of 9:00 A.M.
to 11:45 A.M. and 1:15 P.M. to 4::00 P.M., Monday through :Friday. There shall be
no loading and unloading of delivery trucks on weekends.
8. LOADING/UNLOADING AREA: The loading/unloading of delivery trucks shall be
limited to only the designated loading area. No loading shall be permitted through
the front doors. The location and design of the loading dock shall be determined
.during the Architecture and Site approval process.
9. ENGINE IDLING: All engines shall be shut off during loading/unloading., and a sign
shall be posted at the dock stating. as such.
1D. LIGHTING: Only security lighting shall be installed to the rear of the store.
11. SIGN PERMIT: A separate sign permit shall be obtained from the Planning
Department for all new signs.
12. SIGN PROGRAM: A sign program shall be submitted -and approved 'by the
Community Development Department'Prio~ to the installation of any new signs.
13. BUILDfNG PERMIT: A building permit shall be obtained for all new signs.
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14. CONDITIONAL USE PERMIT APPROVAL: Conditional Use Permit approval shall
be contingent upon approval of Architecture and Site Application for all forthcoming
store improvements, and final occupancy for the tenant space shall not be issued
until ail Architecture and Site improvements have been completed.
(Building Section)
15. PERMITS REQUIRED: A building permit application shall be required for the
proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be
required as necessary.
16. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the
cover sheet of construction plan submitted for building permit.
97. SIZE OF PLANS: The maximum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
18. PLANS: The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer. (Business and Professionals Code
Section 5538)
19. TITLE 24 ACCESSIBILITY -COMMERCIAL: On sate parking facility shall comply
with the latest California Title 24 Accessibility Standards for disabled.
20. TITLE 24 ACCESSIBILITY -COMMERCIAL: On site general path of travel shall
comply with the latest California Title 24 Accessibility Standards. Work shall include
but not be limited to accessibility to building entrances from parking facilities and
sidewalks.
21. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall be upgraded to
comply with the latest California Title 24 Accessibility Standards. Necessary work
shall be first investigated by the design architect then confirmed by the Town staff.
22. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section
1701., the architect or engineer of record shall prepare an inspection program that
shall be submitted to .the Building Official for approval prior to issuance of the
Building Permit, in accordance with UBC Section 106..3.5. Please obtain Town
Special Inspection form from the Building Department Service Counter. The Town
Special inspection schedule shall be blue lined on the construction plan.
23. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part
of plan submittal. The specification sheet{Size 24" X 36") is available at the Building
Department service counter.
24. APPROVALS REQUIRED: The Project requires the following agencies approval
before issuing a building permit:
a) West Valley 'Sanitation District: 378-.2407
b) Santa Clara County Fire Department: 378-4010
T® THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
:(Engineering Division)
25. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall
pay a proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit applications is
made.. The fee shall be paid .before the building permit is issued. The traffic impact
mitigation fee for this project, using the current fee schedule and the preliminary plans 'is
$11,158.20. The final fee shall be calculated. from the final plans using the rate schedule
in effect at the time of the building permit application, using a trip generation rate based on
discount store use.
26. GENERAL. All public improvements shall be made according to the latest
adopted Town Standard Drawings and the Town Standard Specifications. All work .shall
conform to the applicable Town ordinances. The adjacent public right-of-wayshall be kept
clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be
washed into storm drainage facilities. The storing of goods .and materials on the sidewalk
and/or the street will not be allowed .unless a special .permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
27. ENCROACHMENT PERMIT. All work in the public right-of-way will require
a Construction Encroachment Permit. All work over $5,,000 will require construction
security.
28. PUB'L'IC 1NORKS INSPECTIONS. The developeror his representative shall
notify the Engineering Inspector at least twenty-four (24) hours before starting an work
pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-
of-way. Failure to do so will result in rejection ow work that went on without inspection.
29. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage
systems shall include a filtration device in the catch basins or a grease and oil separator
shall be installed.
30. UTILITLES. The developer shall install all utility services, including telephone,
electric power and all other communications lines .underground, as required by Town Code
Section 27.50.015(b).
31. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair
or replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited to:
curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermop as'tic pavement markings., etc. shall be repaired and replaced to a condition equal
to or better than the original condition. Existing improvement to 'be repaired or replaced
shall be at the direction of the Engineering Construction lnspector, and shall comply with
all Title 24 Disabled Access provisions. Developer shall request awalk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions..
32. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by
West Valley Sanitation District and approved by the Town of Los Gatos before they are
used or reused. Install a sanitary sewer lateral clean-out at the property line.
33. GREASE TRAPS. Meet all .requirement of the Santa Clara County Health
Department and West Valley Sanitation District for the interception or pretreatment of
.effluent,
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(Parks Section)
34. TREE PROTECTION. Require a competentArboristto provide direction
for preservation of existing trees and tree protection. These directions will be reviewed by
the Parks and Forestry Department and an assessment will be made to determine what
will be required for this project.
35. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by
an in-ground irrigation system. Special care shall be taken to avoid irrigation which will
endanger existing native trees and vegetation.
36. TREES TO REMAIN. All existing and newly planted trees shown on the
plans are specific subjects of approval of this pian, and must remain on site.
37. TREE PLANTING. All newly planted trees are.required to be double staked
to Town standards.
38. TREE PROTECTION. Require tree protection fencing to be-placed at the
dripline of existing trees to be saved in the area of construction. Fencing shall be four feet
high chain link attached to steel...poles driven two feet into the ground when atthe dripline
of the tree.. If the #ence has to'be within eight feet of the trunk of the tree a fence base may
be used, as in a typical chain link fence that is rented.
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