REPORT TO COUNCIL
SUBJECT
Title
Action on a request for a Special Permit to allow for a Christmas Tree Lot at 234 Saratoga Avenue
Report
BACKGROUND
The applicant, Thomas M. Fargo on behalf of The Save Mart Companies, is requesting a two-year Special Permit pursuant to Zoning Code Section 18.60.030 to allow for a Christmas tree sales lot of the Lucky Supermarket located in the shopping center at 234 Saratoga Avenue. The property is currently zoned CC - Community Commercial, which allows for retail activity as a permitted use, but does not specifically allow outdoor sales uses such as a Christmas tree sales lot. Zoning Code Section 18.60.030 requires issuance of a Special Permit by the City Council in non-industrial zones for any use not otherwise regulated within the Zoning Code.
The shopping center occupies a triangular site bounded by Saratoga Avenue, San Tomas Expressway and Pruneridge Avenue. Surrounding land uses include single-family residential to the east, west and south and the Pruneridge Golf Course to the north.
DISCUSSION
The Save Mart Companies owns and operates Lucky stores in Northern California and has ordered trees to sell to customers at this location for a period of five weeks. The Christmas tree sales area will include the installation of a 30 by 30-foot outdoor chain link fence and will occupy eight parking spaces. The Christmas tree sales will occur on November 21, 2019 through December 24, 2019 and November 20, 2020 through December 24, 2020. Hours of operations shall be consistent with store hours from 6:00 a.m. to 12:00 a.m. The Christmas tree lot will not have additional lighting or generators on-site. The attached permit articulates the required findings that the City Council must make to approve the subject request. The permit also contains a series of permit conditions that address allowable hours of operation, additional permit requirements, cleaning of the lot, nuisance criteria, and various other criteria.
The proposed ...
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