1995-159-Approving A Request To Operate Automobile Related Services Including Retail Tire Sales And Service, Body Work, General Automotive Repair, And Automotive Painting And Detailing Within An Existing Automobile Service Facility In The CH ZoneRESOLUTION 1995 - 159
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
APPEAL OF PLANNING COMMISSION DECISION APPROVING A REQUEST TO
OPERATE AUTOMOBILE RELATED SERVICES INCLUDING RETAIL TIRE SALES
AND SERVICE, BODY WORK, GENERAL AUTOMOTIVE REPAIR, AND
AUTOMOBILE PAINTING AND DETAILING WITHIN AN EXISTING AUTOMOBILE
SERVICE FACILITY IN THE CH ZONE.
CONDITIONAL USE PERMIT APPLICATION U -95 -20
PROPERTY LOCATED AT 15553 LOS GATOS BOULEVARD.
PROPERTY OWNER AND APPELLANT: D'AMICO TIRE SERVICE COMPANY. INC.
WHEREAS:
A. This matter came before the Council for public hearing on November 6, 1995,
on an appeal from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the property
owner and appellant, tenants, neighbors, 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 Report dated November 1, 1995, concerning this application.
C. In this type of matter, the Council must balance a variety of interests. The
neighbors have a legitimate concern about the possible effects of the operation on their health,
and the business owners and landlord have legitimate concern in a resolution of the problem.
D. A longer period of time to cease the operation is reasonable. Everyone realizes
that the business must move quickly, and both the owners and landlord are encouraged to
cease the operation as soon as possible.
E. The neighborhood has been frustrated by the length of time involved in this
process, but a date certain will provide a trade -off in that the operation will stop and there will
be no need for continued monitoring or enforcement, bringing closure to the problem.
F. The Council has discretion and oversight in this type of abatement action that
the Commission does not possess, and the Commission's action should be modified only in
providing an extension of time to cease paintbooth operation to January 30, 1996.
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RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use
Permit Application U -95 -20 is granted only insofar as the date by which the paint booth
operation shall cease is extended to January 30, 1996.
2. In all other respects the decision and findings of the Planning Commission on
Conditional Use Permit Application U -95 -20 are approved subject to the conditions of
approval contained in Exhibit A hereto and the plans submitted by the applicant.
3. This decision does not and shall not constitute any precedent for permitting or
prohibiting any particular use, and the Town Council shall continue to examine any such
request on a specific site, design, and historic use basis under the Town Code and Town
policies.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 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 section
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 20th day of November, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin.
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TH OWN OF LOS TOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO ATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL
ON CONDITIONAL USE PERMIT APPLICATION U -95 -20
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions of approval shall be included on the cover sheet of construction plans
submitted for building permits.
2. All parking spaces shall be double- striped.
3. All roof - mounted mechanical equipment visible for off -site shall be screened.
4. The business located in tenant space known as Unit A (Wheel Works) shall have the
following operating hours:
Monday - -- 8:00 a.m. to 8:00 p.m.
Tuesday thru Friday -- 8:00 a.m. to 6:30 p.m.
Saturday -- 8:00 a.m. to 4:00 p.m.
Sunday - - -- 9:00 a.m. to 3:00 p.m.
5. The business located in tenant space known as Unit B/C (Auto -Tec) shall have the
following operating hours:
Monday thru Friday -- 7:30 a.m. to 6:00 p.m.
Saturday -- 8:00 a.m. to 5:30 p.m.
6. The business located in tenant space known as Unit D (Car Care) shall have the
following operating hours:
Monday thru Friday -- 7:30 a.m. to 6:00 p.m.
Saturday -- 8:00 a.m. to 1:00 p.m.
7. Paint booth operation shall be terminated by January 30, 1996, and no subsequent paint
operation shall be approved. (Until January 30, 1996, paint booth shall only operate
between the hours of 8 a.m. to 5 p.m., Monday through Friday)
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
8. The applicant shall obtain a building permit for the parking lot restriping and
resurfacing.
A -1
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
9. Four 24" box Town - approved trees shall be planted along the rear property line
between the building and the block fence along the residential properties.
10. An automatic irrigation system is required in the area to the rear of the building.
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