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1988-076-Denial Of Request For Approval To Construct And Operate An Automobile Repair Facility On Property Located In The LM ZoneRESOLUTION NO: 1988 -76 RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL TO CONSTRUCT AND OPERATE AN AUTOMOBILE REPAIR FACILITY ON PROPERTY LOCATED IN THE LM ZONE (644 UNIVERSITY AVENUE - ANGELO AND ADEL DIMITROPOULOS) WHEREAS: A. Angelo Dimitropoulos has appealed a decision of the Planning Commission as follows: denial of request for approval to construct and operate an automobile repair facility on property in the LM zone located at 644 University Avenue and owned by Angelo and Adel Dimitropoulos (Conditional Use Permit Application U- 85 -26A and Architecture and Site Application S- 85 -64A); and B. A public hearing was scheduled before the Town Council on January 19, 1988 and continued to February 16, 1988 and held on April 4, 1988 and continued to April 18, 1988 on which date further public hearing was held. BE IT RESOLVED: A. The Town Council hereby finds that Planning Commission erred in that the applicant's data and the traffic studies read in totality show there will not be a traffic impact. B. The Town Council further finds that the application upholds the General Plan and the Downtown Specific Plan in that it is a resident serving business because a number of the customers are residents of Los Gatos. C. The Town Council hereby further finds pursuant to Town Zoning Ordinance Section 5.20.210 that the Conditional Use Permit should be granted as follows: 1. The proposed use of the property is desirable to the public convenience because it provides specialty auto repair service shown to cater especially to Town residents; 2. The proposed use will not impair the integrity and character of the zone in that it is located in an existing service commercial zone; 3. The proposed use would not be detrimental to the public health, safety or welfare because the conditions of the permit are intended to reduce any unforeseen impact on the surrounding neighborhood; and 4. The proposed use is in harmony with the various elements or objectives of the General Plan the Downtown Specific Plan and the purpose of the Zoning Ordinance in that it provides a resident serving business on a small site while providing all necessary on -site parking. D. The Town Council hereby further finds pursuant to Town Zoning Ordinance Section 5.20.040(1) that where traffic is added to existing intersections, the project will not impact any of the unmitigatible critical intersections causing those intersections to exceed their available capacities and that the two critical intersections impacted by the project will be mitigated by the payment of traffic impact fees as listed below. E. Based on the foregoing, the appeal is granted and Conditional Use Permit Application U- 85 -26A and Architecture and Site Application S- 85 -64A are hereby granted subject to the following conditions: -2- 1. Final Grading, drainage (including drainage system capacity study), masonry retaining wall, driveway, parking, parking lot lighting, and underground utility plans shall be provided. Lighting shall be a maximum 70 watt, HPS, "Cut -off" style fixtures. 2. A well information easement and maintenance agreement shall be entered into with the property owner southerly. 3. An ingress- egress easement and maintenance agreement shall be entered into with the property owner southerly. 4. The following improvements shall be guaranteed by contract and and bond: a) University Avenue replacement of cracked and broken curb and gutter with Portland cement concrete curb, gutter and sidewalk and driveway approach. b) On site: storm drainage system and drainage improvements, including an improved concrete box culvert over the property northeasterly, and new on -site reinforced concrete storm drain piping system including mains, manholes and connection to existing facilities. 5. A ten -foot wide storm drain easement over the new on -site storm drainage system shall be provided. 6. Verification of storm drainage improvement access rights over the property northeasterly shall be provided. 7. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. -3- 8. In accordance with the Town's Critical Intersection Impact Participation Policy, payment of one percent (1 %) in -lieu fee for capacity improvements at the following intersections: Los Gatos Blvd. /Blossom Hill Rd. $2,150.00 Lark Ave., Hwy 17 to Los Gatos Blvd. $4,120.00 TOTAL $ ,2� %0.00 9. The "bumper stops" proposed in the parking lot shall be eliminated and replaced by continuous concrete curbing in accordance with the standards of the Town Zoning Ordinance 10. There shall be a maximum of four employees on -site at any one time. 11. Hours of operation shall be limited to % a.m. to % P.M. 12. Vehicles shall be stored indoors nightly. 13. The owner of the facility shall submit a letter to the Town certifying that employee hours shall be set so that no employee is traveling from work between 5 p.m. and 6 p.m. 14. A two-year tree maintenance contract shall be established for the protection of existing and newly planted trees. 15. The final landscape plan shall meet all Town landscaping requirements. 16. Prior to any building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approve by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. -4- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2 day of May 1986 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton, and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent N. Ventura ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: _ MAYOR O THE TOWN OF LOS GATOS CLERK OF THE TOWN OF LOS GATO, -5-