1995-174-Approve A Request To Add Sunroom, Gazebo, And A Retail/Restaurant Use, And Return Application To Planning Commission For Further ConsiderationRESOLUTION 1995 - 174
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REQUEST
TO ADD A SUNROOM, GAZEBO, AND A RETAIL /RESTAURANT USE, AND RETURN
APPLICATION TO PLANNING COMMISSION FOR FURTHER CONSIDERATION;
PROPERTY LOCATED IN THE C -I ZONE; CONDITIONAL USE PERMIT APPLICATION
U -94 -7 AND
ARCHITECTURE AND SITE APPLICATION S- 76 -57A
(PROPERTY ADDRESS: 16268 LOS GATOS BOULEVARD
PROPERTY OWNERS: CHAN AND WINNIE NG
APPELLANT: MELVIN L. SMITH)
WHEREAS:
A. This matter came before the Council for public hearing on December 4, 1995, on an
appeal by Appellant Smith 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 applicant and
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 attached to the Council Agenda Report dated November 29, 1995,
concerning this application.
C. It is important that the redevelopment of the site proposed in this application be
consistent with Los Gatos Boulevard.
RESOLVED:
The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U -94 -7 and Architecture and Site Application S -76 -57A is granted and the application
is referred back to the Plaming Commission for further consideration, particularly with regard to
the following issues:
a. Examination of the hours proposed. Opening at an earlier time than originally
proposed may adversely affect traffic in the area given the surrounding uses.
b. Discussion on an election or definition of use. The current proposal may have too
many or incompatible uses on the site, and the applicants and the Commission should
consider a clearer definition.
c. Submission of a comprehensive landscaping plan. The plan should address the
Los Gatos Boulevard design charette concerns regarding this site, which indicated this
property was a discordant note to the Boulevard. The gazebo should also be considered as
it appears out of place.
d. The parties should meet with the Town Attorney to attempt to mediate agreement
regarding the easement issues. The Town does not wish to see an unneeded dispute between
neighbors.
2. The Planning Commission may take final action on this referral by the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of December, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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