1988-184-Approval With Conditions Of Conditional Use Permit Application Requesting Permission To Operate An Automobile Dealership In The C-2 Zone And Modifying Conditions ThereofRESOLUTION NO: 1988 -184
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
APPROVAL WITH CONDITIONS OF CONDITIONAL USE PERMIT
APPLICATION REQUESTING PERMISSION TO OPERATE AN
AUTOMOBILE DEALERSHIP IN THE C -2 ZONE AND MODIFYING
CONDITIONS THEREOF
(66 East Main Street - Ferrari of Los Gatos)
WHEREAS:
A. Randall D. Reedy, on behalf of Ferrari of Los Gatos, has
appealed a decision of the Planning Commission as follows: approval with
conditions of conditional Use Permit Application U -86 -24 requesting
permission to operate an automobile dealership in the C -Z zone on property
located at 66 East Main Street and owned by Marilyn Friesen and applied
for by Ferrari of Los Gatos; and
B. A public hearing was held by the Town Council on July 6, 1987
and continued to September 21, 1987, October 19, 1987, December 7, 1987,
March %, 1988, May 16, 1988, June 6, 1988, August 15, 1988, September 6,
1988 and to September 12, 1988 on which date further public hearing was
held.
NOW, THEREFORE, BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred
by not giving full consideration to the full effect that closing the bays
and adjacent driveways would have on the operation of the business, to
wit: the shifting of automobiles on site to allow access would require
more cars to be moved on to and off the street during the shifting
process, causing more traffic on the street.
Based on this finding, the Town Council modifies the conditions of
approval to allow the applicant to maintain two bays (one washing bay and
one parking bay) that open on to Pageant Way and the adjacent driveways.
B. The Town Council hereby further finds that since the appeal was
filed, Town policy has been modified not to require Villa Hermosa Theme
sidewalk on Pageant Way.
C. The Town Council hereby further finds that several conditions
imposed by the Planning Commission should be deleted or amended to reflect
current conditions involving formation of the parking assessment district
and the adoption of zoning ordinance amendments involving non - conforming
uses.
D. Based on the foregoing, the Town Council hereby grants the
appeal by modifying certain conditions of the permit and grants
conditional Use Permit U -86 -24 with the following conditions:
1. The applicant shall limit the hours of operation from 9:00
a.m. to 6:00 p.m., Monday through Friday, except during
Daylight Savings Time when it may be 9:00 a.m. to 8:00 p.m.,
Monday through Friday: 9:00 a.m. to 5 :00 p.m. on Saturday and
11:00 a.m. to 5:00 p.m. on Sunday.
2. The maximum number of employees allowed on the site at any
given time shall not exceed 5 employees plus 2 others on rare
occasions.
3. Applicant shall limit the use of the site for the sales of
new and used automobiles and no vehicle service (including
detailing) shall be conducted on the site with the exception
of washing, waxing, drying, vacumming and preparing the
license plate for sale of the car.
4. Applicant shall remove all Ferrari emblems from the public
sidewalk.
5. Final grading, drainage, driveway and utility plans shall
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be provided, to the satisfaction of the Town Engineer. The
plans shall specifically indicate the following:
a. Replacement of curb, gutter and sidewalk along East
Main Street with new curb, gutter and sidewalk in the "Villa
Hermosa" theme, including tree grates, tie -in pavement and
wheelchair ramp.
b. Main Street. Construction of two (2) 6- foot -wide
driveways.
c. On site parking and traffic circulation plan.
6. The curb, gutter and sidewalk improvements along East Main
Street frontages shall include the "Villa Hermosa" theme,
handicapped ramp, tree grates and tie -in paving and shall be
guaranteed by contract, Faithful Performance Bond, Labor and
Materialman's Bond, insurance, to the satisfaction of the Town
Engineer.
7. The following shall be dedicated, to the satisfaction of
the Town Engineer: a triangular portion of property at the
northeast corner of the site for handicapped ramp installation
purposes.
8. All improvements to the site must be completed by April 1,
. ;.
9. No cars for sale by or owned by the dealership shall be
parked on the public street or in library parking lot.
10. This matter will be reviewed again in April 1989 and a
report sent to the Planning Commission describing the results of
that review.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 19 day of September
1988 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton,
Brent N. Ventura & Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: [�
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
SENIOR DEPUTY CLERK OF T TOWN OF LOS GATOS
/'
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