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Exhibit 4 - Conditional Use Permit U-22-012PLANNING COMMISSION – July 12, 2023 CONDITIONS OF APPROVAL 620 Blossom Hill Road Conditional Use Permit Application U-22-012 Requesting Approval for Renovation of an Existing Commercial Building and Modification of an Existing Conditional Use Permit for an Automotive Dealership (Los Gatos Luxury Cars) on Property Zoned CH. PROPERTY OWNER/APPLICANT: John Thomas, Trustee APPLICANT: Derek Frahmann, Integrity Design and Construction PROJECT PLANNER: Sean Mullin TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1.APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved by the Planning Commission on July 12, 2023. Any changes or modifications to the approved plans shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2.EXPIRATION. The Conditional Use Permit approval will expire two years from the approval date unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3.LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses. 4.USE. The approved use is an automobile dealership for the display, financing, lease, sale and servicing of new and used vehicles. 5.HOURS OF OPERATION (DEALERSHIP). The maximum hours for the dealership shall be Monday through Friday, 8:00 a.m. to 8:00 p.m. and weekends 9:00 am to 6:00 pm. 6.HOURS OF OPERATION (VEHICLE REPAIR & SERVICE). The maximum hours of operation for the repair and body shop offices shall be Monday through Friday, 7:30 a.m. to 5:30 p.m. The maximum hours of operation for the body shop (vehicle repair and service bays) shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. and Saturday, 8:00 a.m. to 12:00 p.m. 7.OUTDOOR AUTOWASHING. Vehicles shall not be washed outdoors with powered equipment between the hours of 8:00 p.m. and 8:00 a.m. 8.DELIVERY HOURS. Deliveries shall occur between 9:00 a.m. and 4:00 p.m., Monday through Saturday. 9.OUTDOOR PAGING/SPEAKER SYSTEMS. Outdoor paging/speaker systems, if used, shall be operated during approved business hours only. 10.AUTOMOBILE DISPLAY. Automobile display shall only occur in designated display areas or display pads. No automobile display is allowed in front yard areas required to be EXHIBIT 4 landscaped with vegetation. 11. MAXIMUM NUMBER OF EMPLOYEES. The maximum number of employees shall be 25. 12. MAXIMUM NUMBER OF SERVICE BAYS. The maximum number of service bays shall be 21. 13. EMPLOYEE AND CUSTOMER PARKING. Parking spaces designated for employee or customer parking (as indicated on the site plans approved by the Planning Commission on July 12, 2023) shall not be used for vehicle display purposes. 14. PARKING SIGNS. Parking areas for employees and customers (as indicated on the site plans approved by the Planning Commission on July 12, 2023) shall be clearly marked with signs and have appropriate directional signs visible from Blossom Hill Road. 15. LIGHTING. All proposed exterior illumination shall be designated to not create off-site impacts to adjacent neighbors. Staff shall conduct an inspection within 60-days of final occupancy to verify compliance. 16. MASONRY WALL. A minimum 6-foot high masonry wall with vines or screening landscaping shall be erected along the rear property line as shown on the plans approved by the Planning Commission on July 12, 2023. 17. AUTOMOBILE PAINTING. No vehicle painting shall be allowed in the body shop unless the operator is able to satisfy all applicable environmental, health and safety regulations, comply with applicable regulatory agency standards, and obtain the required permit approvals from the Town and the Bay Area Air Quality Management District prior to any work being performed. 18. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 19. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 20. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 21. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 22. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. Building Division 23. A comprehensive plan review has not been completed for this CUP modification under consideration by the Development Review Committee and compliance with applicable codes have not been verified. 24. PERMITS. No work requiring Building Permits can commence without issuance of any required Building Permits. Building Permit plan review, including review by the Santa Clara County Fire Department and the Parks and Public Works Department, will be part of any required Building Permit application process. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official. 25. ACCESSIBILITY. In addition to all new work complying with the Code for accessibility, when existing buildings are altered or remodeled, they must be made accessible to persons with physical disabilities in accordance with the CBC Section 11B-202, “Existing buildings and facilities”. N:\DEV\CONDITIONS\2023\Blossom Hill Road, 620 - CUP COA - PC 07-12-23 FINAL.docx This Page Intentionally Left Blank