1994-172-Approve A Request To Expand An Existing Skilled Nursing Facility By Constructing An Approximately 1300 Square Foot Therapy Addition In The O ZoneRESOLUTION 1994 -172
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO
APPROVE A REQUEST TO EXPAND AN EXISTING SKILLED NURSING
FACILITY BY CONSTRUCTING AN APPROXIMATELY 1300 SQUARE FOOT
THERAPY ADDITION IN THE "O" (OFFICE) ZONE BY IMPOSING ADDITIONAL
CONDITIONS
CONDITIONAL USE PERMIT APPLICATION U -94 -74 AND ARCHITECTURE
AND SITE APPLICATION 5 -94 -48
(PROPERTY ADDRESS: 350 DE SOTO DRIVE
PROPERTY OWNER AND APPLICANT: BEVERLY ENTERPRISES (OAK
MEADOWS NURSING CENTER))
WHEREAS:
A. This matter came before the Council for public hearing on November 21,
1994, on an appeal by Ludwik Bednarz, a neighbor, 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 /property owner, 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 14, 1994, concerning this application.
C. The appellant was not able to appear to testify at the Planning Commission
hearing and requested that consideration be given to limiting the hours of deliveries to the
location, limiting the hours of trash pick -up at the location, and screening and quieting the
mechanical equipment on the roof. Town Staff suggested conditions that would address
these concerns.
D. Applicant agreed to the conditions regarding hours of deliveries and screening
and quieting of equipment. However, trash pick -up is governed by franchisee, Green Valley
Disposal Company, which at the public hearing indicated that it was only able to attempt
to do trash pick -up at 8 a.m. depending on route requirements.
E. The Town consistently tries to make different types of development
compatible with each other, and the proposed conditions will help make this project more
compatible with the adjacent residential neighborhood.
F. The Planning Commission erred only insofar as it did not have the benefit of
receiving the appellant's concerns.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use
Permit Application U -94 -74 and Architecture and Site Application 5 -94 -48 is granted insofar
as two additional conditions should be imposed on the project as stated in Conditions 5 and
6 of Exhibit A. In all other respects, the decision of the Planning Commission is affirmed
and the application to expand an existing skilled nursing facility by constructing an
approximately 1300 square foot therapy addition in the "O" Office Zone is approved subject
to the provisions of the Town Code and the conditions specified in Exhibit A hereto.
2. Green Valley Disposal Company, the applicant, and the neighborhood are
urged to work together to have trash picked up at the facility after 8 a.m.
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.
IJ
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of December, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: "'l M
MAYOR OF THE TO N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
EXHIBIT A
CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT APPLICATION U -94 -74 AND
ARCHITECTURE AND SITE APPLICATION S -94 -48
350 DE SOTO DRIVE
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions of this application shall be included on the cover sheet of the
Building Permit plans.
2. Residents are prohibited from keeping vehicles on -site.
3. Maximum number of beds is limited to 72.
4. A tree removal permit shall be obtained prior to issuance of a building permit.
5. There shall be no deliveries to the nursing center before 8:00 a.m. or after 5:00
p.m.
6. All roof - mounted mechanical equipment shall be baffled and screened to reduce
noise and visual impacts from the adjacent residential neighborhood.
Certification that the noise reduction efforts will meet the Town's noise ordinance
shall be submitted by a noise consultant qualified to make such a report.
(Engineering Section)
7. A five -year tree maintenance agreement shall be entered into.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
8. A final landscaping plan shall be submitted prior to the issuance of a building
permit. The plan shall be approved prior to final occupancy.
9. To mitigate the tree removals, three 15- gallon or one 24 -inch box Town - approved
tree shall be required to be planted for each tree to be removed.
VW
10. Newly planted trees shall be double- staked, using rubber tree ties and shall be
planted prior to occupancy.
11. Prior to any building permits being issued, the applicant shall meet with the Parks
Superintendent concerning the need for protective fencing around the existing
trees. Such fencing is to be installed prior to, and to be maintained during
construction.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
12. The construction project shall require joint plan review and field inspection from
Central Fire and OSHPD.
A -2