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1997-071-Approving An Architectural Site Application And Conditional Use Permit For An Automobile Service Oil Changing Business On Property Zoned C-1RESOLUTION 1997 - 71 RESOLUTION GRANTING APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURAL SITE APPLICATION AND A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE OIL CHANGING BUSINESS ON PROPERTY ZONED C -1 PROJECT APPLICATION PRJ -96 -158 PROPERTY LOCATION: 15551 UNION AVENUE PROPERTY OWNER: ARTHUR DOWNING APPLICANT: JIFFY LUBE APPELLANT: BARBARA JOHNSTON WHEREAS: A. This matter came before the Council for public hearing on June 2, 1997, on an appeal from a decision of the Planning Commission and was regularly noticed in conformance with Sate and Town law. B. The Council received testimony and documentary evidence from the 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 and documents attached to the Council agenda. C. The applicant is requesting approval to construct and operate a 3,681 square foot automobile oil change and tune up business (Jiffy Lube) at 15551 Union Avenue, on a 21,693 square foot corner parcel located in the Downing Shopping Center. The structure would be configured for a drive -thru operation that would utilize six service bay doors. The parcel is currently vacant except for a segment that is paved and striped for parking as part of the Downing Center. Retail and office uses abut the north and east boundaries of the subject parcel while the Downing Center abounds the south and west property lines. Retail commercial uses exist across Union Avenue to the east and southeast of the subject parcel and the Union School District administrative office is located across Los Gatos - Almaden Road to the north of the subject parcel. The We and Our Neighbors Women's Club is located to the northeast across the intersection from the subject parcel. Residential uses are located approximately 350 feet to the northeast and 120 feet to the northwest on Los Gatos - Almaden Road, and also approximately 570 feet to the south on Union Avenue at the southern boundary of the Downing Center. There are no vehicle repair or servicing businesses located within the Downing Center, or in the neighboring retail area described in this paragraph. D. The Development Review Committee denied the application on January 14, 1997 because it determined that the proposed use did not fall under the definition of a "service station" as provided in §29.10.020 of the Town Code of the Town of Los Gatos and was, therefore, not a permitted use in the C -1 zone. The applicant appealed to the Planning Commission which, on February 26, 1997, determined that the use was within the definition of a service station and was, therefore, allowed as a conditional use within the C -1 zone. The Development Review Committee recommended denial of the application for Architecture and Site approval due to the drive thru configuration and aesthetic concerns. The Planning Commission approved the application on April 23, 1997 with findings and conditions. E. Pursuant to subsection (b)(1) of §29.20.300 of the Town Code of the Town of Los Gatos, the Council finds that the Planning Commission erred in their decision as set forth in the following recitals: 1. Pursuant to subsection (1) of §29.20.190 of the Town Code of the Town of Los Gatos, a conditional use permit is not authorized in that the proposed use of the property is neither essential nor desirable to the public convenience or welfare because the aesthetics of the proposed design and use of the site would conflict with the surrounding neighborhood's traditional association with retail businesses and other uses located on adjacent parcels, would cause obnoxious and undesirable odors and noises, could result in increased traffic and associated parking and safety concerns if the applicant were successful in soliciting higher volume "fleet" or other forms of regional business, and would result in a single use structure that would not be convertible to retail uses without significant modifications to the front and rear of the exterior of the proposed structure. 2. Pursuant to subsection (2) of §29.20.190 of the Town Code of the Town of Los Gatos, a conditional use permit is not authorized in that the proposed use will impair the integrity and character of the C -1 zone which, pursuant to section 29.60.205 of the Town Code of the Town of Los Gatos, "is intended for areas of the town which are easily accessible and useful for retail, service and administrative activities which are oriented to the day -to -day needs of the residents of the Town." The proposed use is inconsistent with the other properties in the C -1 zone adjacent to the Downing Center which are primarily used for neighborhood retail and public service activities. There are no vehicle related business, including repair garages or service stations, located in the C -I zone adjacent to the Downing Center. 3. The proposed use is not a "service station" within he meaning of §29.10.020 of the Town Code of the Town of Los Gatos and, therefore, is not a conditionally permitted use within the C -1 zone. 4. Each of these findings constitutes a separate and independent ground for determining that the Planning Commission erred in their decision. 3 RESOLVED: The appeal of the decision of the Planning Commission on Project PRJ -96 -158 is granted and the application is denied. 2. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure §1094.5 as adopted by §l.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 § 1094.6, or such shorter time as required by state or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 16th day of June, 1997, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins NAYS: Linda Lubeck ABSENT: None ABSTAIN: None SIGNED. -.Al MAYOR OF THE TOWN C F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA rd