1996-151 - Grant an appeal of a Planning Commission decision to deny a minor A&S appplication at 275 Los Gatos-Saratoga RoadRESOLUTION 1996- 151
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A MINOR
ARCHITECTURAL AND SITE APPLICATION FOR THE EXTERIOR REMODEL OF AN
EXISTING AUTOMOBILE SERVICE STATION AND EXPANSION OF EXISTING
SNACK SHOP INTO A SERVICE BAY ON PROPERTY IN THE C -2 ZONE WITH
CONDITIONS; ARCHITECTURE AND SITE APPLICATION PRJ -96 -5.
(PROPERTY ADDRESS: 275 LOS GATOS- SARATOGA ROAD
PROPERTY OWNER: CHEVRON U.S.A.
APPLICANT /APPELLANT: CHEVRON U.S.A.)
WHEREAS:
A. This matter came before the Council for public hearing on November 4, 1996, on
an appeal by the applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. The matter was further heard before the Council on
November 18, 1996.
B. The Council received testimony and documentary evidence from the applicant 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 attached to the Council Agenda Reports dated October 25 and November 6, 1996,
concerning this application, as well as the documentation concerning concurrent use of service
stations as markets or snack shops.
C. The Zoning Code existing when the Planning Commission denied this application
prohibited the concurrent use of a parcel as a service station with a convenience market or snack
shop, so the Commission correctly denied the application.
D. Following that denial the Council has considered and adopted an ordinance
amending the Town Code to allow such concurrent use as part of an express approval under a
conditional use permit, or for minor alterations, under an architecture and site application
approval.
E. The Planning Commission has held a public hearing on the application and
recommended approval if the ordinance allowed such a concurrent use.
F. The appeal should therefore be granted because the Commission did not have
discretion under the Town Code to approve the application at the time of its review.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application PRJ -96 -5 is granted and the application for exterior remodeling and expansion of the
existing snack shop is approved subject to the provisions of the Town Code, the plans submitted,
this resolution, and the condition specified in Exhibit A hereto.
2. No permits shall issue pursuant to this approval until such time as Town of Los
Gatos Ordinance No. 2023 becomes effective.
3. This decision does not and shall not constitute any precedent for permitting snack
shops or markets in conjunction with service stations anywhere in the Town, and the Town
Council shall examine any such request on a specific site, design, and historic use basis under the
Town Code and Town policies.
Pursuant to Town Code § 29.20.320, this approval will expire two years from the date that
this resolution was adopted unless the approval is used before expiration. Section 29.20.335
defines what constitutes use of an approval granted under the Zoning Code. Reasonable time
extensions of the approval not exceeding one year may be granted upon application to and
approval by the Planning Commission, but the Commission approval must occur before the initial
expiration of the approval occurs.
This 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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of December, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: Randy Attaway
ABSENT: Patrick O'Laughlin
ABSTAIN:
SIGNED: y,; b
,�MAYOR OF THE TOW II OF LOS GATOS
ATTEST:
CLERK OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL OF
ARCHITECTURE AND SITE APPLICATION PRJ -96 -5
275 LOS GATOS - SARATOGA ROAD
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
MAXIMUM RETAIL FLOOR AREA. The maximum retail floor area for sale of non-
automotive items shall not exceed 316 squre feet.
A -1