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1983-099-Denying Appeal From Planning Commission -Swanson IsuzaRESOLUTION NO. 1983 -99 RESOLUTION DENYING APPEAL FROM PLANNING CONMISSION (15367 Los Gatos Blvd. - Swanson Isuzu) WHEREAS: 1. Chuck Peterson has appealed a decision of the Planning Commission to the Town Council as follows: approval of Conditional Use Permit Application U -81 -7A and Architecture and Site Application S- 81 -9A; and 2. A public hearing was held by the Council on May 2, 1983; IT IS HEREBY RESOLVED: A. Council Findings. 1. The Town Council hereby finds that the Planning Commission erred in not making the conditions of approval sufficiently specific. 2. Based on the foregoing finding, the appeal is denied, and the deci- sion of the Planning Commission is modified as follows: B. Commission Findings. 1. This Conditional Use Permit is desirable to the public convenience and welfare in that it provides a new line of cars available in Los Gatos and should enhance the business opportunities on Los Gatos Boulevard. 2. It will not impair the integrity and character of the zone in that it essentially a continuation improvement of the former use of this property. 3. It is not detrimental to the public health, safety or general wel- fare for much the same reason. 4. It is in harmony with the elements and objectives of the General Plan. C. Conditions. 1. Replace cracked and broken sections of curb, gutter and sidewalk on Los Gatos Boulevard frontage, to the satisfaction of the Town Engineer. An En- croachment Permit will be required. 2. Provide an on -site drainage plan to the satisfaction of the Town Engineer. 3. Within eighteen (13) months of date of approval of the Conditional Use Permit, install new on -site lighting fixtures to the satisfaction of the Planning Director and Town Engineer utilizing cut -off style. 4. A17 outside required employee parking spaces shall be marked and striped to the satisfaction of the Planning Director. 5. Pave all the unpaved areas of the property that are utilized for vehicle parking or storage by January, 1934. 6. Submit a revised landscape plan to the satisfaction of the Planning Director and Superintendent of Parks & Forestry illustrating the following a. Replace a new Allepo Pine along the Garden Lane frontage. b. Plant one additional Crepe Myrtle tree along the used car display frontage. c. Move a proposed Crepe Myrtle away from the north property line. d. Provide additional trees (approximately eight) with shrubs and ground cover, within the paved outdoor display area and parking Tot. e. Provide shrubs along the front of the new display terrace. f. Provide eight (3) additional trees to be distributed in four groupings, two trees each; one grouping to be located adjacent to property to the south and three groupings to be along the fence to minimize disruption of display of vehicles. 7. Enter into a two year landscape maintenance contract with the Town. -2- 3. Provide a si;: foot high masonry wall (textured on both sides) along a portion of the south property line which separates the commercial use from the adjoining residential use. 9. That the hours of operation shall be limited from 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 6 p.m. on Sunday evening. PASSED AND ADOPTED at a ` regular meeting of the Town Council of the Town of Los Gatos held on the _ 16th day of May , 1983, by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito, MarLyn J. Rasmussen and Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS— Terrence J. Daily ABSENT: COUNCIL MEMBERS Joanne Benjamin SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF TH TOWN 0 L0 GATO� -3-