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HomeMy WebLinkAboutCity Council Resolution 785USF, PERMIT FILE Nu: UP-296 RESOLUTION NO. 785 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING TERMS AND CONDITIONS OF UP-296, RE: LYNGSO GARDEN MATERIALS, INC. WHEREAS, pursuant to application therefore, on March 24, 1976, the Saratoga Planning Commission granted a Conditional Use Permit to JOHN LYNGSO, MARY LYNGSO and LYNGSO GARDEN MATERIALS, INC,, a Corporation, to allow the continuation of the hereinafter described use, and thereafter appeal therefrom was made to the Sara- toga City Council by the applicant as well as by certain homeowners in the immediate area, and upon request therefore and pursuant to a four-fifths (4/5th) vote of this Council, a hearing de novo was granted, noticed and held on said appeal; and WHEREAS, on said appeal evidence was presented and testimony heard, and applicants have met their burden of proof required to substantiate the hereinafter set forth use permit in accord with, and subject to, the conditions hereof; NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the testi- mony, maps, facts, exhibits and other evidence submitted in this matter, the appli- cation for the Use Permit be, and the same is hereby granted for the term, and subject to all conditions and provisions as set forth on Exhibit '~" hereof. BE IT FURTHER RESOLVED that the Report of Findings attached hereto as Exhibit "B" be approved and adopted, and that the clerk be, and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the Saratoga City Council, State of California, this 21S~. day of .. J~I..V .. , 1976 ., by the following vote: AYES: Councilmen Brigham, Corr, and Matteoni NOES: Councilman Bridges ABSENT: Councilman Kraus ~~z MAYOR, City of Saratoga ATTEST City Clerk EXHIBIT "A" Terms and Conditions of Use Permit UP-296 Said Use Permit is to allow the continuation of the present non-conform- ing use of storage and commercial sales of garden materials and supplies at 12405 S. Saratoga-Sunnyvale Road, pursuant to Section 15.3 of Ordinance NS-3, as amended, for a period of five (5) years as hereafter set forth, subject to compliance with the following conditions: 1. All non-conforming commercial uses conducted on the site shall be discontinued within five (5) years from October 3, 1975 (on or before October 3, 1980). Additional non-con- forming commercial uses are prohibited. 2. All storage bins located within seventy (70+_) feet of the western property line (SOo 28' 00° W344.46') shall be re- moved before October 3, 1976 and not replaced. 3. Internal vehicular Circulation shall be set back a minimum of 35 feet from the residential property lines to the west. 4. On or before October 3, 1976, a landscaping barrier on the western property line for a depth of 20 feet shall be planted and thereafter pernanently maintained. The land- scaping design, plant size, species and irrigation system shall be subject to prior design review approval by the Saratoga Planning Commission per Article 13, Ordinance NS-3.. 5. All wholesale deliveries of materials and supplies to or from the site shall be limited to weekdays (Monday through Friday), between the hours of 9:00 a.m. and 4:00 p.m. of each day, and be prohibited on Saturdays and Sundays and after 4:00 p.m. and prior to 9:00 a.m. on all days. 6. Reference is hereby made to the proposed site development plan shown as Exhibit '~" of SDR-1176, which application for site approval has previously been denied. The new office and sales building and the lO-foot high concrete block wall as shown on said plan, are not approved for construction and are prohibited in that they constitute an attempt to expand a non-conforming use. 7. All surfaces used by vehicular traffic shall be oiled at a minimum of once every six months during the term of the within Use Permit, and during the period of April through October of each year, shall be oiled and maintained so as not to cause dust. 8. Applicant shall enter into an agreement with the City of Saratoga on or before September 15, 1976, agreeing to termi- nate and to remove all non-conforming uses in associated structures from said site on or before October 3, 1980. 9. Existing and future mechanical handling equipment, specifically the front loaders, shall be converted to propane fuel to mini-- mize the generation of noxious fumes. Such conversion shall be completed within 6 months from the adoption of this Resolution. 10. Except as may hereinabove be specifically permitted or required~ no additional buildings or structures shall be placed upon, erected or constructed on the premises. 11. Within 6 months of the adopted date of this Resolution and subject to appropriate agency approvals, the realignment of entrance to this site shall be accomplished in order to provide ingress and egress to and from the Saratoga-Sunnyvale Road street frontage only. After this time vehicular access from this commercial use onto the residential street Manor Drive shall be prohibited. 12. The City Code Enforcement Officer, under the direction of the City Planning Commission, shall from time to time throughout the term of this Use Permit, make, without advance notice, periodic inspections of the site and its operation to assure compliance with the terms and conditions of this Use Permit. The City of Saratoga Planning Commission shall retain continuing juris- diction over the Use Permit herein granted and the right is reserved bo, from time to time, modify, d~lete or make additions to any or all of the conditions thereto or to terminate or extend the Use Permit either on its own motion or on the application of the applicant, in order to preserve a substan- tial right of the applicant or to preserve the health, safety, morals, conve- ience or welfare of persons residing or working in surrounding areas, or to preserve existing or prospective values of property and improvements, or to prevent a public nuisance. No modification, deletion or addition to any of the conditions hereof, nor any termination of said Use Permit, may be made without a prior noticed public hearing, with notice given in the same manner as required for the original Use Permit. With the exception of the change in the. time limits, and housing require- ments otherwise applicable by virtue of Section 15.9(c) of Ordinance NS-3, nothing herein conta~aed shall in any manner release or relieve the permittee mfrom compliance with and being subject to, all of the other regulations and provisions of Article 15 of said Ordinance NS-3 relating to non-conforming uses. -2- EXHIBIT "B" Report of Findings UP-296 The application for a Use Permit on behalf of ~O_H~ LyNGSQ, MARY LYNGSQ_,_ ~ndLYNGSO GARDEN MATERI~S,..~NC., a Corporation, shows, and this Council hereby finds: I. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improve- ments in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. 4. Under all the circumstances and upon strict compliance by applicant with all conditions of Exhibit '~A", a con- tinuation of such use beyond the time limits of Section 15.9(c) of Ordinance NS-3, for the additional time as specified in Exhibit "A", will not be contrary to the objectives of the Zoning Ordinance or the general purposes of Article 15 thereof.