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1982-194-Denying Appeal And Affirming Decision Of Planning Commission As ModifiedRESOLUTION NO. 1982 -194 RESOLUTION DENYING APPEAL AND AFFIRMING DECISION OF PLANNING COMMISSION AS MODIFIED (15166 Los Gatos Boulevard - Los Gatos Datsun- Volvo) WHEREAS 1. Los Gatos Datsun -Volvo has appealed a decision of the Planning Commission, as follows: modification of conditions of conditional use permit U- 72 -17, and architecture and site applications S -12 -106, S- 73 -42, and S- 73 -42A; and 2. A public hearing was held by the Town Council on October 4, 1982; IT IS HEREBY RESOLVED: 1. The Council hereby finds as follows: The Planning Commission's findings regarding nuisance and safety hazard are correct. 2. While the conditions imposed by the Commission were also essentially correct, the Commission erred in that the wording of some of the conditions was vague. 3. Based on the foregoing findings, the appeal is hereby denied, and the decision of the Planning Commission is affirmed with the conditions of Conditional Use Permit U -72 -17 being modified as follows: a. The outside loudspeaker system shall be operated and maintained in such a manner as to not be intrusive to the adjacent neighborhood. The usage of the outside address system is limited to the following hours: 8:00 a.m. to 6:00 p.m. Monday - Friday 9:00 a.m. to 6:00 p.m. Saturday 10:00 a.m. to 6:00 p.m. Sunday The outside address system shall not be used for employees whose regular employment is inside. b. The landscaping plan shall be as agreed to with the Superintendent of Parks and Forestry, replacement trees shall be of a like kind as shown in the original landscape plan, and a two -year maintenance agreement shall be executed. - 1 - C. The current way of handling the dumpsters shall be continued, as specified in the 8/20/82 staff report to the Planning Commission: That the dumpsters be moved to the front only during the night before garbage pickup is to take place and moved back to their proper locations the next morning. d. All employees shall be required to park on site. e. No test driving shall be done in adjacent residential neighborhoods. f. The silent alarm and /or night guard system shall be continued. g. This matter shall again be reviewed by the Planning Commission in nine (9) months. A summary report concerning reported problems and compliance with all conditions of approval shall be provided. At the discretion of staff, the matter may be placed on the consent agenda. PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THIS 25th day of October , 1982, by the following votes: AYES: COUNCIL MEMBERS Ruth Cannon Thomas J. Ferrito MarLyn J Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: None None SIGNED: % ( — M YOR OF HE TOWN OF LOS GATOS ._.......... CLERK OF SHE TOW OF LOS GAT el - 2 -