1988-076-Denial Of Request For Approval To Construct And Operate An Automobile Repair Facility On Property Located In The LM ZoneRESOLUTION NO: 1988 -76
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL
OF REQUEST FOR APPROVAL TO CONSTRUCT AND OPERATE AN AUTOMOBILE
REPAIR FACILITY ON PROPERTY LOCATED IN THE LM ZONE
(644 UNIVERSITY AVENUE - ANGELO AND ADEL DIMITROPOULOS)
WHEREAS:
A. Angelo Dimitropoulos has appealed a decision of the Planning
Commission as follows: denial of request for approval to construct and
operate an automobile repair facility on property in the LM zone located
at 644 University Avenue and owned by Angelo and Adel Dimitropoulos
(Conditional Use Permit Application U- 85 -26A and Architecture and Site
Application S- 85 -64A); and
B. A public hearing was scheduled before the Town Council on
January 19, 1988 and continued to February 16, 1988 and held on April 4,
1988 and continued to April 18, 1988 on which date further public hearing
was held.
BE IT RESOLVED:
A. The Town Council hereby finds that Planning Commission erred
in that the applicant's data and the traffic studies read in totality show
there will not be a traffic impact.
B. The Town Council further finds that the application upholds
the General Plan and the Downtown Specific Plan in that it is a resident
serving business because a number of the customers are residents of Los
Gatos.
C. The Town Council hereby further finds pursuant to Town Zoning
Ordinance Section 5.20.210 that the Conditional Use Permit should be
granted as follows:
1. The proposed use of the property is desirable to the public
convenience because it provides specialty auto repair service
shown to cater especially to Town residents;
2. The proposed use will not impair the integrity and character
of the zone in that it is located in an existing service
commercial zone;
3. The proposed use would not be detrimental to the public
health, safety or welfare because the conditions of the permit
are intended to reduce any unforeseen impact on the
surrounding neighborhood; and
4. The proposed use is in harmony with the various elements or
objectives of the General Plan the Downtown Specific Plan and
the purpose of the Zoning Ordinance in that it provides a
resident serving business on a small site while providing all
necessary on -site parking.
D. The Town Council hereby further finds pursuant to Town Zoning
Ordinance Section 5.20.040(1) that where traffic is added to existing
intersections, the project will not impact any of the unmitigatible
critical intersections causing those intersections to exceed their
available capacities and that the two critical intersections impacted by
the project will be mitigated by the payment of traffic impact fees as
listed below.
E. Based on the foregoing, the appeal is granted and Conditional
Use Permit Application U- 85 -26A and Architecture and Site Application
S- 85 -64A are hereby granted subject to the following conditions:
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1. Final Grading, drainage (including drainage system capacity
study), masonry retaining wall, driveway, parking, parking lot
lighting, and underground utility plans shall be provided.
Lighting shall be a maximum 70 watt, HPS, "Cut -off" style
fixtures.
2. A well information easement and maintenance agreement shall be
entered into with the property owner southerly.
3. An ingress- egress easement and maintenance agreement shall be
entered into with the property owner southerly.
4. The following improvements shall be guaranteed by contract and
and bond:
a) University Avenue replacement of cracked and broken curb
and gutter with Portland cement concrete curb, gutter and
sidewalk and driveway approach.
b) On site: storm drainage system and drainage
improvements, including an improved concrete box culvert over
the property northeasterly, and new on -site reinforced
concrete storm drain piping system including mains, manholes
and connection to existing facilities.
5. A ten -foot wide storm drain easement over the new on -site
storm drainage system shall be provided.
6. Verification of storm drainage improvement access rights over
the property northeasterly shall be provided.
7. All documents, contracts, bonds, insurance, as applicable,
shall be provided prior to recordation of any final map or
issuance of any permits.
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8. In accordance with the Town's Critical Intersection Impact
Participation Policy, payment of one percent (1 %) in -lieu fee
for capacity improvements at the following intersections:
Los Gatos Blvd. /Blossom Hill Rd. $2,150.00
Lark Ave., Hwy 17 to Los Gatos Blvd. $4,120.00
TOTAL $ ,2� %0.00
9. The "bumper stops" proposed in the parking lot shall be
eliminated and replaced by continuous concrete curbing in
accordance with the standards of the Town Zoning Ordinance
10. There shall be a maximum of four employees on -site at any one
time.
11. Hours of operation shall be limited to % a.m. to % P.M.
12. Vehicles shall be stored indoors nightly.
13. The owner of the facility shall submit a letter to the Town
certifying that employee hours shall be set so that no
employee is traveling from work between 5 p.m. and 6 p.m.
14. A two-year tree maintenance contract shall be established for
the protection of existing and newly planted trees.
15. The final landscape plan shall meet all Town landscaping
requirements.
16. Prior to any building permits being issued, the applicant
shall meet with the Director of Parks, Forestry and
Maintenance Services concerning the need for protective
fencing around the existing trees. A plan for such protective
fencing demonstrating type and location shall be submitted to
the Planning Director after being approve by the Director of
Parks, Forestry and Maintenance Services. Such fencing is to
be installed prior to, and be maintained during construction.
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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 2 day of May
1986 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton,
and Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: _
MAYOR O THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GATO,
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