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Staff ReportSOW N OF t, /pS- A`OS DATE: TO: FROM: SUBJECT: MEETING DATE: 08/04/15 ITEM NO: 10 COUNCIL AGENDA REPORT JULY 24, 2015 MAYOR AND TOWN COUNCIL LES WHITE, INTERIM TOWN MAN � GM-/ CONDITIONAL USE PERMIT APPLICATION U -15 -001 PROPERTY LOCATION: 657 UNIVERSITY AVENUE. PROPERTY OWNER: EWARD RHODAS. APPLICANT /APPELLANT: GARY NISHITA PROJECT PLANNER: JOCELYN PUGA. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING APRROVAL OF A REQUEST TO OPERATE AN AUTO BODY REPAIR AND PAINT SHOP (BI -CITY PAINT & BODY) ON PROPERTY ZONED LM. APN: 529 -10 -083. RECOMMENDATION: After opening and closing the public hearing, it is recommended that the Town Council adopt a Resolution to deny the appeal and uphold the decision of the Planning Commission denying the subject application (Attachment 6). BACKGROUND: On June 10, 2015 the Planning Commission considered a Conditional Use Permit (CUP) application to operate an auto body repair and paint shop at 657 University Avenue. The subject building is currently divided into two spaces: an existing auto repair business, Pan American Collision Center, has frontage on Industrial Way and the proposed Bi -City Paint & Body would occupy the space with frontage on University Avenue. In 1977, the Town Council adopted an ordinance that required all new auto body shops to obtain a CUP. All pre- existing auto body shops were categorized as nonconforming and given a 20 -year amortization period to obtain a CUP. The Planning Commission approved a CUP for an auto body repair and service shop at 657 Industrial Way. No CUP was approved for the tenant space on 657 University Avenue. The former use of the tenant space prior to Bi -City Paint & Body was a contractor's office and warehouse. PREPARED BY: LAUREL R. PREVETTI /F 161-ea. / �� Assistant Town Manager/ Community Development Director Reviewed by: �t U Assistant Town Manager 'L/ L own Attorney h14Finance N: \DEV \TC REPORTS\2015\Univer ity 657 -appe Ldooxx Reformatted: 5130/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 657 University Avenue /U -15 -001 July 24, 2015 DISCUSSION: A. Proiect Summary The applicant is requesting approval to operate an auto body repair and paint shop. The existing commercial space has no outdoor surface parking. All proposed parking spaces and work associated with the auto repair and paint shop would occur within the tenant space. A 10 -foot by 8 -foot portable paint booth would be stored in the northwest area of the building where storage is proposed (see the proposed development plans in Exhibit 6 of Attachment 1). Vehicles stored in the direct vicinity of the painting booth would be covered by plastic sheeting to protect them from possible overspray. The applicant is proposing one employee for the use and one subcontractor on an as needed basis. The applicant is proposing to operate from 7:00 a.m. to 6:00 p.m. Monday through Sunday. B. Planning Commission On June 10, 2015 the Planning Commission considered the application (Attachment 1). The Commission denied the application, expressing concern regarding the limited number of employees, parking, storage of hazardous materials, and vehicle safety entering and exiting the commercial building. A verbatim transcript of the Planning Commission hearing is contained in Attachment 2. C. Appeal The applicant filed an appeal of the Planning Commission decision on June 19, 2015 (see Attachment 3). The appeal states that the Planning Commission erred or abused its discretion and that there is new information that was not reasonably available at the time of the Planning Commission decision. The applicant/appellant (hereafter appellant) believes that the Commission based its decision on personal preference and not factual evidence without allowing the appellant an opportunity to address the concerns and provide evidence at a continued hearing date. The appellant states that the Planning Commission erred or abused its discretion based on the following points (staff comments follow each item in italics): 1. A perceived safety concern with the entrance and exit of the building was not substantiated by fact. A traffic impact questionnaire was completed and submitted to the Parks and Public Works Department by the Appellant. The Town's traffe engineer determined the proposal did not require traffic impact fees. The Town's traffic engineer researched and found no reported traffic incidents associated with entering and exiting the location for the past ten years. Staff does not believe a safety concern exists. However, given the concern raised by the Planning Commission, the appellant met with staff after the Planning Commission meeting to PAGE MAYOR AND TOWN COUNCIL SUBJECT: 657 University Avenue /U -15 -001 July 24, 2015 discuss options for increasing the safety of vehicles exiting the building. The Town's traffic engineer has recommended all or a combination of the following measures to increase the safety of vehicles exiting the building: a. Require vehicles to exit the building in a forward position b. Mark a white line at the garage door to separate the building floor from the sidewalk c. Attach a sign(s) to the frame of the garage door advising drivers to proceed with caution when exiting the building d. Install a ringer and /or blinker at the exterior of the building as a warning to pedestrians e. Install wide angle mirrors at the garage door to improve visibility If the Council finds merit with the appellant's request, the Council could include the following condition to increase the safety of vehicles exiting the building: SAFETY IMPROVEMENTS: One or more of the following improvements shall be implemented to the satisfaction of the Director of Parks and Public Works: a. Require vehicles to exit the building in a forward position b. Mark a white line at the garage door to separate the building floor from the sidewalk c. Attach a sign(s) to the frame of the garage door advising drivers to proceed with caution when exiting the building d. Install a ringer and /or blinker at the exterior of the building as a warning to pedestrians e. Install wide angle mirrors at the garage door to improve visibility 2. The appellant argues that the proposed number of employees is outside the purview of the Planning Commission. The findings contained in Section 29.20190 of the Town Code for the granting of a Conditional Use Permit do not explicitly address the number of employees a business shall have to operate; however, one of the findings focuses on the determination that the proposed use would not be detrimental to the public health, safety or general welfare. Based on the Planning Commission concerns regarding the safety of the operation with only one employee, difficulty with parking, and access by tow trucks, it could not make thatftnding. The appellant has stated in his appeal letter that the use of a single subcontractor may be used on an as needed basis to accommodate work he is unable to complete himself. This information was provided to the Planning Commission. 3. The appellant disagreed with the Planning Commission's conclusions regarding the employee and customer parking. The Town Code does not differentiate between the required number of parking spaces for employees and customers. The current proposal would require a total of three parking PAGE MAYOR AND TOWN COUNCIL SUBJECT: 657 University Avenue /U -15 -001 July 24, 2015 spaces. The applicant has proposed a total of four parking spaces, with one additional parking space provided in excess of the required amount which may be used for an additional employee or subcontractor (see the development plans in Attachment 1, Exhibit 6). ff the Council finds merit with the appellant's request, the Council could consider including the,following condition to limit the number of employees based on available parking: NUMBER OF EMPLOYEES: The maximum number of employees is limited to 2. 4. The appellant disagreed with the Planning Commission's conclusions regarding the use of parking for storage. The appellant's attorney states that it is "universally known that the needs generated by an auto body shop is for the storage of cars being repaired for as long as it takes to complete the repair" (see Attachment 4). Condition 48 stated that "three customer parking spaces shall be accessible at all times, per the plans dated Apri18, 2015" (see Attachment 1, Exhibit 3). Pursuant to Section 29.10.150 of the Town Code, the required number of parking spaces includes parking for employees, customers, and any necessary storage. Staff recommends modifying the condition to state: PARKING: Four parking spaces shall be provided for the business. 5. The appellant disagreed with the Planning Commission's conclusions regarding the storage of hazardous materials and customer safety. The appellant provided a letter from his insurance company, Seagraves Insurance stating that the work station area would be off limits to customers, however, customers would be allowed inside the remaining area of the shop floor to park and discuss vehicle estimates (see Attachment 4, Exhibit 2). Prior to occupancy the proposed portable spray booth would require review and approval by the Hazardous Materials Compliance Division of the Santa Clara County Fire Department and the Bay Area Air Quality Management District. Both the Hazardous Materials Compliance Division and Bay Area Air Quality Management District have stated to the appellant that they would approve permit(s) for the portable spray booth (Attachment 4). ff the Council finds merit with the appellant's request, the Council could consider including the following condition: SPRAY BOOTH: Prior to the issuance of a business license, permits shall be obtained from the Hazardous Materials Compliance Division of the Santa Clara County Fire Department and the Bay Area Quality Management District for the portable spray booth. Condition #7 regarding access to the building would require `the front coiling door along University Avenue shall remain open during the approved business hours" (see Attachment 1, Exhibit 3). Ventilation will be required pursuant to the Building Code. If the project is approved, this requirement would need to be satisfied as part of the Building Permit for tenant improvements and would address ventilation concerns raised by the Planning Commission. PAGES MAYOR AND TOWN COUNCIL SUBJECT: 657 University Avenue /U -15 -001 July 24, 2015 The Appellant also asserted that there is new information that was not reasonably available at the time of the Planning Commission decision. Specifically, the appellant has revised the project description to state that the auto body repair and paint shop will operate as an appointment only business (see Attachment 3). Paint jobs, repairs, and estimates would be done on an appointment basis and no drop -ins would be pennitted. The appellant expects to be able to control the volume of business based on availability. Staff recommends modifying condition #6 to memorialize the new operational approach, as follows: HOURS OF OPERATION: Maximum hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Sunday on an appointment only basis with no drop -ins. If the Council finds merit with the appellant's request, the Council could consider including an additional condition: REVIEW: The Planning Commission shall review the CUP one year from occupancy to determine if conditions need to be added or modified to reduce potential impacts. CONCLUSION: It is recommended that the Town Council uphold the decision of the Planning Commission and deny the appeal (Attachment 6). ALTERNATIVES: The Council has two alternatives to the staff recommendation that require the Council to determine that the Planning Commission's decision should be reversed or modified based on one or more of the following findings: a. There was error or abuse of discretion on the part of the Planning Commission; or b. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or c. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. Alternative 1: Adopt a resolution granting the appeal and remanding the project back to the Planning Commission with specific direction (Attachment 7). If the predominant reason for modifying or reversing the decision of the Planning Commission is new information as defined in finding (b) above, the application should be returned to the Commission with specific Council direction. PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: 657 University Avenue /U -15 -001 July 24, 2015 Alternative 2: Adopt a resolution granting the he appeal and a pp roving Conditional Use Permit application U -15 -001 (Attachment 8). The Council may grant the appeal based on one or more of the above findings. For example, the Council may find that the new infonnation responds to issues raised and that the application should be approved. Exhibit A of Attachment 8 contains the revised conditions discussed in this report for Council's consideration. The Council may also modify or add conditions. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt according to Section 15301 of CEQA as adopted by the Town, which exempts permitting an activity where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Attachments: 1. June 10, 2015 Report to the Planning Commission (with Exhibits 1— 6) 2. June 10, 2015 Planning Commission Verbatim Minutes 3. Appeal of Planning Commission Decision, received June 19, 2015 4. Letter from Appellant's Attorney, received July 21, 2015 (with Exhibits 1 -3) 5. Required Findings and Considerations 6. Draft Resolution to deny the appeal and deny the project 7. Draft Resolution to grant the appeal and remand the project to the Planning Commission 8. Draft Resolution to grant the appeal and approve the project with Exhibit A Distribution: Gary Nishita, 657 University Avenue, Los Gatos, CA 95032 Edward Rhodas, 16493 La Chiquita, Los Gatos, CA 95030 TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: June 10, 2015 PREPARED BY: Jocelyn G. Puga, Assistant Planner ru =a -los >atos_ ca.ao APPLICATION NO: Conditional Use Permit Application U -15 -001 ITEM NO: 2 LOCATION; 657 Universit- y Avenue (just south of the northwest comer of Blossom Hill Road and University Avenue) APPLICANT/ CONTACT PERSON: Gary Nishita PROPERTY OWNER: Edward L. Rhodas APPLICATION SUMMARY: Requesting approval of a Conditional Use Permit for an auto body repair and paint shop business on property zoned LM. APN 529 -10- 083. DEEMED COMPLETE: May 6, 2015 FINAL DATE TO TAKE ACTION: November 6, 2015 RECOMMENDATION: Approval, subject to conditions. PROJECT DATA: General Plan Designation: Service Commercial Zoning Designation: Commercial Industrial, LM Applicable Plans & Standards: General Plan Parcel Size: 0.17 acres Surrounding Area: CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. ATTACHMENT 1 Land Use General Plan Zoning kExisfing ial Service Commercial LM MWest ial Service Commercial LM ial Service Commercial LM Commercial Neigh borhood Commercial _ C -1 J CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. ATTACHMENT 1 Planning Commission Staff Report - Page 2 657 University Avenue /U -15 -001 June 10, 2015 FINDINGS: u As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing Facilities. ® As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. ACTION: The decision of the Planning Commission is final unless appealed within ten days. EXHIBITS: 1. Location Map 2. Findings 3. Recommended Conditions of Approval 4. Description of the Business, received May 6, 2015 (two pages) 5. Letter of Justification, received April 8, 2015 (two pages) 6. Development Plans, received May 13, 2015 (two pages) BACKGROUND: The proposed project would occupy a vacant space in an existing commercial building. The subject building is currently divided into two spaces, with an existing auto repair business, Pan American Collision Center with frontage on Industrial Way and the proposed Bi -City Paint & Body to occupy the space with frontage on University Avenue, In 1977, the Town Council adopted an ordinance that required all new auto body shops to obtain a Conditional Use Permit (CUP). All pre - existing auto body shops were categorized as nonconforming and given a 20 -year amortization period to obtain a CUP. The Planning Commission approved a CUP for an auto body repair and service shop at 657 Industrial Way. No CUP was approved for the tenant space on 657 University Avenue. The former use of the tenant space prior to Bi -City Paint & Body was a contractor's office and warehouse. PROJECT DESCRIPTION: A. Conditional Use Pen-nit The applicant is requesting approval to operate an auto body repair and paint shop. The maximum hours of operation would be 7:00 a.m. to 6:00 p.m. Monday through Sunday. The applicant provided a description of the business (Exhibit 4) and letter of justification (Exhibit 5) describing the proposal. When reviewing a (CUP), the deciding body should consider the information in the applicant's business plan; however, the key consideration should be the explicit proposed use since the business plan can change from owner to owner. The explicit use may be, and is Planning Commission Staff Report - Page 3 657 University Avenue /U -15 -001 June 10, 2015 often, defined in the recommended conditions of approval as a "use" condition. The CUP runs with the land, and the deciding body should review applications based on the explicit use as opposed to the applicant or the applicant's business plan. B. Location and Surrounding Neighborhood The project site is located just south of the northwest corner of University Avenue and Blossom Hill Road (Exhibit 1). The property is adjacent to office uses to the east. Auto repair uses are located to the north and south. Neighborhood commercial uses are located to the west. C. Zoning Compliance The zoning designation allows vehicle body repair and painting, subject to the approval of a Conditional Use Permit. ANALYSIS: A. Project Summa The project would use a vacant 3,015- square foot commercial space within an existing commercial building for an auto body and paint shop (Bi -City Paint & Body). The former use of the existing commercial building was for a contractors office and construction warehouse. The project would not result in an increase of average daily trips (ADT) or peak hour trips. There are no proposals by the applicant for any interior improvements to the commercial space. All work associated with the auto repair and paint shop would occur within the tenant space. A 10 -foot by 8 -foot portable paint booth would be stored in the northwest area of the building where storage is proposed. Vehicles currently stored in the direct vicinity of the painting would be covered by automotive plastic sheeting to protect from any possible overspray. B. Parking The existing commercial space has no outdoor surface parking. All proposed parking spaces would be located inside the commercial space. The proposed parking spaces would be marked with paint to identify where customers may park their vehicle. The proposed use requires one parking space for each employee (1) and two spaces for the proposed working bay (1), for a total of three required parking spaces (see Sheet A]. I of Exhibit 6). Planning Commission Staff Report - Page 4 6_57 University Avenue /U -15 -001 June 10, 2015 C. Conditional Use Permit Findings In order to grant approval of a Conditional Use Permit, the deciding body must make the following findings: (1) The proposed use of the property is essential or desirable to the public convenience or welfare; and (2) The proposed use would not impair the integrity and character of the zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. In regards to the first finding, the proposed use is desirable to public convenience in that it provides an auto repair and paint service to Los Gatos residents. As required by finding two, the proposed use would not impair the integrity of the zone, in that the proposed use is a commercial service use and would be located in a commercial zone. In regards to the third finding, the use would not be detrimental to public health, safety or general welfare, and the conditions regarding the operating hours, accessibility of parking spaces, number of employees, and the number of working bays placed on the permit would maintain the welfare of the community. In regards to the final finding, the proposed use is in harmony with the General Plan and Town Code. D. General Plan The goals and policies of the 2020 General Plan applicable to this project include but are not limited to: • Policy LU -9.3 — Encourage the development and retention of locally owned stores and shops. • Policy LU -9.6 — Encourage development that maintains and expands resident - oriented services and /or creates employment opportunities for local residents consistent with overall land use policies of the Town. • Policy LU -10.2 Recognize and encourage the different functions, land use patterns, and use mixes of the various commercial areas within the Downtown. These include: a. The pedestrian scale and orientation of the Central Business District. b. The neighborhood - serving commercial land use pattern of areas north of Saratoga Avenue to Blossom Hill Road. c. The mixed use commercial activities along Santa Cruz Avenue and the service commercial activities along University Avenue between Andrews Street and Blossom Hill Road. Planning Commission Staff Report - Page 5 657 University Avenue /U -15 -001 June 10, 2015 E. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. PUBLIC COMMENTS: At this time, the Town has not received any public comment. CONCLUSION AND RECOMMENDATION: A. Conclusion Staff has recommended conditions of approval regarding the maximum number of employees, accessibility of parking spaces, number of working bays, and operating hours. There would be no traffic or parking impacts as a result of this project. The proposed use would provide an auto service for the residents of Los Gatos. The proposed use is in conformance with Town Code and is consistent with the General Plan. B. Recommendation Staff recommends approval of the proposed project. If the deciding body concurs with staffs recommendation, it should: 1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and 2. Make the required findings as required by Section 29.20.190 of the Town Code for granting approval of a Conditional Use Permit (Exhibit 2); and 3. Approve Conditional Use Permit application U -15 -001 with the conditions contained in Exhibit 3. If the Commission has concerns with the proposed use, it can: 1. Approve the application with additional and/or modified conditions of approval; or 2. Continue the application with direction to a specific hearing date; or 3. Deny the application. Planning Commission Staff Report - Page 6 657 University Avenue /U -15 -001 June 10, 2015 Prepay by:' Joceyyn G. Puga Assistant Planner LRP:JGP:cg Approved by: Laurel R. Prevetti Assistant Town Manager/ Director of Community Development cc: Gary Nishita, 657 University Avenue, Los Gatos, CA 95032 Edward Rhodas, 16493 La Chiquita, Los Gatos, CA 95030 N: \DEV\PC REPORTS @015 \University657.docx EXHMIT i 6/10/15 PC Staff Report This Page Intentionally Left Blank PLANNING COMMISSION - June 10, 2015 REQUIRED FINDINGS FOR: 657 University Avenue Conditional Use Permit U -15 -001 Requesting approval of a Conditional Use Permit for an auto repair business on property zoned LM. APN 529 -10 -083. PROPERTY OWNER: Edward L. Rhodas APPLICANT: Gary, Nishita FINDINGS Required finding for CEQA: ® The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required findings for a Conditional Use Permit: e As required by Section 29.20.190 of the Town Code for granting a Conditional Use Pen-nit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed use of the property is essential or desirable to the public convenience or welfare because the use would provide an auto repair and paint service to Los Gatos residents; and (2) The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the June 10, 2015 Planning Commission Staff Report. NADEVT1NDINGS\2015 \Universi1y 657.docx i V! 6/10/15 PC Staff Report This Page Intentionally Left Blank PLANNING COMMISSION CONDITION'S OF APPROVAL —June 10, 2015 657 Universitv Avenue Conditional Use Permit Application U -15 -001 Requesting approval of a Conditional Use Permit for an auto repair business on property zoned LM. APN 529 -20 -083. PROPERTY OWNER: Edward L. Rhodas APPLICANT: Gary Nishita TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on April 28, 2015. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. USE: The approved use is for an auto body and paint shop. 4. NUMBER OF EMPLOYEES: The maximum number of employees is limited to 1. 5. NUMBER OF WORKING BAYS /GREASE RACKS: The maximum number of working bays and /or grease racks onsite at any given time is limited to 1. 6. HOURS OF OPERATION: Maximum hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Sunday. 7. ACCESSIBILITY: The front coiling door along University Avenue shall remain open during the approved business hours. 8. PARKING: There shall be no double parking of vehicles. Three customer parking spaces shall be accessible at all times, per the plans dated April 8, 2015. 9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 10. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 12. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. 'Phis requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. EX IT 3 6/10/15 PC Staff Report TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 13. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 14. ENCROACHMENT PERMIT: All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 15. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 16. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 17. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 18. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to when altered work is started. The Applicant or Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 19. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty - five (85) dBA. 20. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. N :ADEVVCONDITIONS \2015Wnivcrsity 657.doex ,his Page Intentionally Left Blank April 3, 2015 RECEIVED Town of Los Gatos MAY 6 2015 110 E. Main Street Los Gatos, CA 95030 TOWN OF LOS GRTOS PLANNING DIVISION RE: Description of Proposed Project Bi -City Paint & Body proposes to open and operate an automotive collision repair facility located at: 657 University Avenue in the Town of Los Gatos. Hours of operation will be from Monday - Sunday, 7:00 A.M. - 6:00 P.M.. There will be 1 employee. Delivery of parts would occur during normal operating hours. The drivers of said delivery's would pull directly into the building thru the coil door and park to unload in either an open designated customer parking space or the open space directly past the coil door between the offices and restroom. Additionally, if neither option is available at the time of delivery, there is an abundance of off street parking. The frequency of deliveries would vary and cannot be accurately determined. The facility will be a small operation providing personalized and quality automotive repair services. We would offer the following services, written repair estimates, panel repair & paint, panel replacement & paint, Frame straightening; repaint of complete vehicle, complete vehicle restoration service, replacement of damaged mechanical parts and fluids. When the paint repair process is commenced, vehicles in the direct vicinity will be covered by an automotive plastic sheeting to protect the finish from possible overspray. Fumes from the painting portion of the repair would be contained by the filtered exhaust fan unit of the spray booth. The garage door would remain open during the painting process in order to insure fresh air flows thru the facility as a safety precaution even though it is not necessarily required. Hazardous materials would be stored in metal cabinets (fire proof when applicable), on site, and according to all applicable rules and regulations with the Santa Clara County Fire Department. 1°f 4 6/10/15 PC Staff Report Damaged vehicles can be dropped off or towed to our facility by the vehicle owner or their designated agent. When vehicles are dropped off, employee would park the vehicle in the designated parking space. When a vehicle are ready to be picked up, employee would retrieve the vehicle from the designated parking space. Customer Vehicles would be stored inside the facility during repair and when completed for the vehicle owner to pick -up. There is a 32 foot turning radius for backing up of the customer vehicles and to make maneuverability easier when moving and the exit of the vehicles from our facility. Sincerely, Gary Nishita April 8, 2015 Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RE: Letter of Justification RECEIVED TOWN OF LOS GATOS PLANNING DIVISION Bi -City Paint & Body, a business established in 1962, has moved to Los Gatos, leased space at 657 University Avenue and wishes to establish its business there. The prior use of this space has been as a contractor's office and warehouse. That tenant vacated this space in July of 2014. Bi -City proposes to operate within a property, which on October 30, 1997 received a Conditional Use Permit to operate as an auto repair and service shop on property zoned LM. This was the use of this space prior to the occupancy by the contractor in 2014. The type of operation that is proposed is an automotive collision repair facility. We provide written estimates, repair any and all vehicle body and paint damage and mechanical when applicable. Hours of operation will be Monday — Sunday, 7:00 A.M. — 6:00 P.M., consistent with the provisions stated in the original, 1997 Conditional Use Permit. Bi -City Paint & Body will provide a convenience to the citizens of Los Gatos as a business which serves high quality automotive collision repair with highly trained technicians. There are not many repair facilities in the Town of Los Gatos and we would be helping to alleviate that need. We would also be giving the community another option for their automotive repair needs. General Plan Policy LU -10.1 states: "Encourage the development and retention of small businesses and independent stores and shops Downtown that are consistent with small -town character and scale". Policy LU -10.2 states: "Recognizes and encourages the different functions, land use patterns, and use mixes of various commercial areas within the Downtown ", which includes, C. "The mixed use of commercial activities along Santa Cruz Avenue and the service commercial activities along University Avenue between Andrews Street Blossom Hill Road'. Even though the proposed location of the facility is not in the Downtown area, it is an independent small business that fit the policies in character, scale and location area. 6/10/15 PC Staff Report (P r, Bi -City Paint & Body is situated among several other automotive repair facilities on University Avenue and its presence will not impair the integrity and character of the zoning district. The proposed use would not be detrimental to public health, safety, or general welfare because all repairs would be completed indoors, and hazardous materials would be stored in doors and properly disposed of by the appropriate entities according to law. There will be no impact on street parking. Employee and customer parking will be provided inside the business facility. If additional customer parking is needed, there is an abundance of street parking approximately 25 feet away on University Avenue. Many of the businesses that are in close proximity to the proposed site use the street parking for their customers, as well as themselves. Sincerely, Gary Nishita Owner, Bi -City Paint & Body, Inc. CONSTRUCTION NOTES L ALL DIMENSIONS ARE TO FACE OF STUD UNLESS OTHERWISE NOTED. 2. DEBRIS TO BE REMOVED DAILY OR AS REWIRED BY COH57RUCTION OPERATIMS. 3, CONTRACTOR IS RESPON5IBLE FOR COORDINATING ALL SUEV NTRACTOR I. 4. "TYP" - REPEAT WHEREVER THIS CONDITION OCCURS. 5. "SIM" - REPEAT 4 MODIFY AS REQUIRED TO SUIT CONDITION. 6. ALL DOORS ADJACENT TO WALLS ARE GIVEN AS 6- FROM FACE OF JAMB TO F.O.F. OF ADJACENT WALL U.O.N. 7. PROVIDE EXIT SIGNS PER 2010 CDC SEC. 1006 4 1011. LEGEND 657 UNIVERSITY AVE. LOS GATOS, CA _. EXISTING CONSTRUCTION TOTAL SITE AREA 7,537 SF TOTAL TENANT AREA: NEW CONSTRUCTION CONSTRUCTION TYPE: <E) TYPE III -B OCCUPANCY GROUP: 5 -1 BUILDING HEIGHT: DEMO CONSTRUCTION DOOR NUMBER AND SCHEDULE los ON SHEET A2.2 HARDWARE GROUP INDICATES ACTIVE LEAF �— INDICATES CHANGE IN FLOOR FINISH I DETAIL NUMBER Aa1 YP SHEET WHERE OCCURS Z-1 ALIGN FACE OF FINISH W/FACE OF FINISH O F.E.G. FIRE EXTINGUISHER CABINET SURFACE MOUNTED ELECTRICAL PANEL BOARD Inn [pAll -RECE55ED ELECTRICAL 8 EXIT SIGN (WALL OR CLG, MTD.) L ( -0 INDICATES LOW LEVEL SIGN) Conditional Use Permit for : PROJECT DESCRIPTION OBTAIN CONDITIONAL USE PERMIT FOR SITE FOR USE AS AN AUTO BODY REPAIR SHOP. I PROJECT DATA I I SITE PHOTOGRAPHS I A. VIEW NORTH FROM UNIVERSITY AVE. B. VIEW WEST FROM UNIV. AVE. C. VIEW SOUTH FROM BLOSSOM HILL BLVD. D. VIEW WEST FROM BLOSSOM HILL BLVD. ADDRESS: 657 UNIVERSITY AVE. LOS GATOS, CA AS5E55OR'S PARCEL NO.. 529- 10 -OB3 TOTAL SITE AREA 7,537 SF TOTAL TENANT AREA: B4O15 5F CONSTRUCTION TYPE: <E) TYPE III -B OCCUPANCY GROUP: 5 -1 BUILDING HEIGHT: <D 51145 E -STORY FIRE PROTECTION: (E) NON- 5PRINKLERED ZONING CLA551FICATION LM - COMMERCIAL INDUSTRIAL PARCELMAP - CONTEXT MAP OI .'TOTY 1 BODY INC. 67 UNIVERSITY AVE. O2 PAN AMERICAN COLLISION CYR. K] UNIVERSITY AVE. O3 PREFERRED Itt4GE EDDY SHOP & 663 UNIVERSITY AVE. ® 76 GAS STATION N. SANTA CRUZ AVE. OS SOUTH BAY AUTO WDY 139 62] UNIVERSITY AVE. O6 FQITH BAY AIR, BODY - 617 UNIVERSITY AVE. O . BAY TONING 140 616 UNIVERSITY AVE. O St N RUN 657 UNIVERSITY AVE. O9 L03 SAY. EUROPEAN 66 622 UNIVERSITY AVE. 0 JAWAR PURRFORMANCE GTR 606 UNIVERSITY AVE. 657 University Ave, Los Gatos CA 95131 VICINITY MAP OiFICE OE C 0 u NTV ass E52 DP I C f L0550A1 HILL llM[vc wlu,. u'�i SAD f1 .q 3! SITE '11� NT5 SHEET INDEX ARCH TECTURAL A0.1 COVER SHEET AND SYMBOLS AIJ FLOOR/SITE PLAN AND PARKING DATA I APPLICABLE CODES I THE FOLLOWING CDDES ARE APPLICABLE TO THIS PRDJECT IN ACCWtDANCE WITH ALL STATE, FEDERAL AND LOCAL C0DE5 CA WILDING CODE 2013 THIe 24 PL.2 CA MECHANICAL. CARE We TMU 24 MA CA PLUMBING CODE 2J13 TV. 24 ME CA ELEOTRIW. CODE 2013 TIN. 24 PIS G4 FIRE CODE 2013 Tltle 24 MA CA ENERGY CODE 2013 TIV. 2A 1.1 CITY OF LOE GATCS NUNICRAL CODE 4 ORDINANCES s—TA IO I, 93- M- 32Aily Dxxl^ ONITI PCL I askjSgUS A 1 ;311 12 e 1 3 �,; ncs. sriae 289 M lm P .nax N 2, = CL> 116�o Enn.ver 63 Tm Ie 10 a7 Al 77 30 " 69 fD Tz >cI +o :rs _L.t al 146n i ^ 6 zl �E ya 116 e 5 .B. ! LL>. 19 '3 g -'.1 121 I 55 O N R szs i "o yY� � 1 I r 13 w2II mT A \ i 6 �LL�WR I w 'M Jim Minden Midiere Architects 21580 Stevens Creek Blvd #209A Cupertino, CA 95014 voice (408) 252 -9500 fax(408)252 -9502 minden @MMAarch.corn midiere @MMAarch.coln Conditional Use Permit for. Bi -City Paint & Body Inc. 657 University Ave. Los Gatos, CA 95131 RECEIVED MAY 1 3 28 i ) "GOWN OF LOS G.ATOS PLANNING DIVISION Re.,— to Pimn ne Lanmenl 04 -08 -15 R,Ap Re I. Phnom, CanmentA 04 -Y1 -15 Cover Sheet and Symbols EXMff 6 ,/10/15 PC Staff Report Apd A 2 A0.1 145 & 139 y CE .ssA 144a c.,__.. - 140 y' 113 66 82O BOOK -------------- 410 1- 69 O C r_rvz € v 5 Ov io E ac x 90 ` 111 F I ¢ a9 IN. p mw z 91 2 L' ?3On ROSEFTS 3! SITE '11� NT5 SHEET INDEX ARCH TECTURAL A0.1 COVER SHEET AND SYMBOLS AIJ FLOOR/SITE PLAN AND PARKING DATA I APPLICABLE CODES I THE FOLLOWING CDDES ARE APPLICABLE TO THIS PRDJECT IN ACCWtDANCE WITH ALL STATE, FEDERAL AND LOCAL C0DE5 CA WILDING CODE 2013 THIe 24 PL.2 CA MECHANICAL. CARE We TMU 24 MA CA PLUMBING CODE 2J13 TV. 24 ME CA ELEOTRIW. CODE 2013 TIN. 24 PIS G4 FIRE CODE 2013 Tltle 24 MA CA ENERGY CODE 2013 TIV. 2A 1.1 CITY OF LOE GATCS NUNICRAL CODE 4 ORDINANCES s—TA IO I, 93- M- 32Aily Dxxl^ ONITI PCL I askjSgUS A 1 ;311 12 e 1 3 �,; ncs. sriae 289 M lm P .nax N 2, = CL> 116�o Enn.ver 63 Tm Ie 10 a7 Al 77 30 " 69 fD Tz >cI +o :rs _L.t al 146n i ^ 6 zl �E ya 116 e 5 .B. ! LL>. 19 '3 g -'.1 121 I 55 O N R szs i "o yY� � 1 I r 13 w2II mT A \ i 6 �LL�WR I w 'M Jim Minden Midiere Architects 21580 Stevens Creek Blvd #209A Cupertino, CA 95014 voice (408) 252 -9500 fax(408)252 -9502 minden @MMAarch.corn midiere @MMAarch.coln Conditional Use Permit for. Bi -City Paint & Body Inc. 657 University Ave. Los Gatos, CA 95131 RECEIVED MAY 1 3 28 i ) "GOWN OF LOS G.ATOS PLANNING DIVISION Re.,— to Pimn ne Lanmenl 04 -08 -15 R,Ap Re I. Phnom, CanmentA 04 -Y1 -15 Cover Sheet and Symbols EXMff 6 ,/10/15 PC Staff Report Apd A 2 A0.1 am Industrial Road 5 i_Ou Tote) Site Area - 7,537 af. ijyi II _. \ i 1 I I Not a pad of ft application 1� m --- ------ - - - - -- - - - - -- \' 1 PROJECT AREA L—SEE ENLARGED I PLAN, THIS SHEET / j, I I I I I 1 1 � I 1 1 1 1 1 1 I f I p I i O i t � - - University Ave. Site Plan Bi -City Paint + Body Inc. J i Parking 8' -b °x10' Existing Office Existing Receptian Existing Entry Floor Plan Bi -City Paint + Body Inc. Working e xib' (locatim of Portable spray booth, m neadad) 1 io 'Ung Stara, balcmy above Parkin Rauir - (2) sta11> Par work bay r (1) stall par unploya Number of work bays - I Number a empleyeea - I Number of Pinking atalla Raa,!rad 5 stalls Parkin Provided Castamer Caste nar Parking Stall. Castamer - Employs Parking scan Gusoma Off -s a par ing P . Parkirg Parking Parking 9'- 6"x18' a -6 °xiV 9'- 6'xle' Parking atriPirg, oyp. Tenant lose. space Area: - 3,015 s.f. J m g Parking sirlPlna tYP. .o' Urni ircle m m Exlating Electriml Panels coiling dear University Ave. Uv Existing Unisex %\ Taut Parking Data Parkin Rauir - (2) sta11> Par work bay r (1) stall par unploya Number of work bays - I Number a empleyeea - I Number of Pinking atalla Raa,!rad 5 stalls Parkin Provided Caste nar Parking Stall. 3 stalls Employs Parking scan I stall Off -s a par ing P . 4 atolls M M Minden Midiere Architects 21580 Stevens Creek Blvd #209A Cupenno, CA 95014 voice(408)252 -9500 fax(408)252 -9502 minden @MMAarch.com midiere@MMAarch.com Conditional Use Permit for Bi -City Paint & Body Inc. 657 University Ave. Los Gatos, CA 95131 Respcns> to Planning Ccmmanta 04 -06 -15 Response to Planning Carrme 04 -27-15 Site Plan, Floor Plan Parking Data Apr00a� All 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Community Development Director: Planning Manager: Town Attorney: Transcribed by: Kendra Burch, Chair Mary Badame, Vice Chair Charles Erekson Melanie Hanssen D. Michael Kane Tom O'Donnell Joanne Talesfore Laurel Prevetti Joel Paulson Robert Schultz Vicki L. Blandin (510) 337 -1558 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s P R O C E E D I N G S: CHAIR BURCH: I'm now going to move on to the public hearing portion of our agenda. I am going to make a little change to it. We're going to take Agenda Item 2 first, because we have a Commissioner who is going to need to recuse himself, and it's going to work a little bit better. I'm actually going to now consider our first item, which is Conditional Use Permit U -15 -001 requesting approval for an auto body repair and paint shop on property zoned LM at 657 University Avenue. May I see a show of hands of Commissioners that have visited the site? Are there any disclosures on this particular item? No. Ms. Pugs, I understand you're going to be giving the report for us. JOCELYN PUGA: Correct. Good evening, Commissioners. The Applicant is proposing to operate an auto body and paint service shop in a vacant 3,015 square foot commercial space. The existing building has been divided LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue V4 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 into two separate tenant spaces with an auto body shop and towing use operating at 657 Industrial. The hours of operation for the proposed auto body and paint shop are from 7 :00am until 6:OOpm, seven days a week. The Applicant has proposed one working bay and one employee, which require a total of three parking spaces per our Town Code. The existing commercial space has no outdoor surface parking. All proposed parking spaces, which include three customer spaces, one employee space, and one space devoted to the working bay, would all be contained within the tenant space. All proposed parking spaces would be marked with paint to identify where customers may park their vehicle, as contained in the project description located in Exhibit 4 of your packet tonight. The Applicant is proposing to operate a small operation that will offer personalized automotive repair and paint services to Town residents. Staff has included Conditions of Approval limiting the number of employees, working bays, and requiring that all customer parking shall be accessible. This concludes Staff's report and we are available for any further questions. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BURCH: Thank you. Are there any questions? Commissioner Badame. VICE CHAIR BADAME: Can you confirm that the CUP that was issued back in 1997 was for the address of 657 Industrial? We seem to have maybe a misunderstanding over 657 University Avenue that might have to do with the building space being split into two, with two separate legal addresses. And also I'd like to know at what point that occurred. JOCELYN PUGA: There is an existing CUP for 657 Industrial, and if you look at the Staff Report that is contained in the file for the address it incorrectly said 657 University. The following year in 1998 a note to the file was included from the then director, Bud Lortz, stating that that Staff Report at that time was incorrectly addressed, and so that CUP governs Industrial and not 657 University. VICE CHAIR BADAME: Thank you. CHAIR BURCH: Any other questions? Commissioner Talesfore. COMMISSIONER TALESFORE: Thank you. Can you tell me what the level of service is for the intersection at Blossom Hill and University? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue R 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOCELYN PUGA: I unfortunately don't have that information at this time. COMMISSIONER TALESFORE: Does anyone on Staff have that at all? JOEL PAULSON: We don't have that information. This is not a traffic intensification. COMMISSIONER TALESFORE: Thank you, I know that. I just needed the information. JOCELYN PUGA: They did fill out a traffic questionnaire with Jessy Pu, and he was okay with it and it didn't create any additional trips. CHAIR BURCH: Any other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: I noted that the hours of operation were from 7:00 till 6:00, including Sunday. Is that typical of businesses around there? I thought a lot of those auto businesses were closed on Sunday. JOCELYN PUGA: Most of the CUPs for University do limit them to seven days a week; that doesn't mean they have to operate seven days a week, but they have the option. I'm not aware of every single CUP that we've issued, but the few that I have been able to review farther down University were for seven days a week also. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 5 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 1s 19 20 21 22 23 24 2s COMMISSIONER HANSSEN: So you're saying that these hours of operation are consistent with other CUPS that you're familiar with in the same vicinity? JOCELYN PUGA: Correct. COMMISSIONER HANSSEN: And then I also noted in the Conditions of Approval the number of employees was one, and that seemed like a pretty small number to operate a business. Is that in addition to management? JOCELYN PUGA: No, that's just one employee. The Applicant is Gary Nishita, and he can probably talk to you more about where that one employee came from, but that was also from working with Staff into something we could be comfortable with parking -wise since it is a limited space. COMMISSIONER HANSSEN: Then my third question was exactly that, about parking. That area is very difficult. I myself went down there to visit, and I had to park half a block away. So you're satisfied that the parking relative to the amount of business that they expect to have in this location is going to be satisfactory, and it's all within the site? JOCELYN PUGA: It is all within the site, and the spaces that will be marked with paint do meet our Town Code definition for parking space dimensions. Based on the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 9 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 backup, we feel comfortable that he'll be able to manage the situation with incoming vehicles and leaving vehicles. CHAIR BURCH: Commissioner O'Donnell. COMMISSIONER O'DONNELL: If I look at the plan correctly, there's only one working bay? JOCELYN PUGA: Correct. COMMISSIONER O'DONNELL: So if he has more than two cars that need repair, what do you do with the second car? JOCELYN PUGA: The working bay limits him to only working on one vehicle at a time in that space, so if he has more vehicles coming, they'll need to stored in the customer parking until they can be moved to the working bay to be worked on. COMMISSIONER O'DONNELL: So you can take up all the customer parking by putting vehicles in there? JOCELYN PUGA: Possibly. He would have to manage how many cars he's taking at a time. COMMISSIONER O'DONNELL: Wouldn't that then violate the whole point of having parking? I mean you're saying you could have no parking, because you have good business. JOEL PAULSON: We understand the question. Maybe that's a good comment for how the Applicant proposes to LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 manage that operation obviously with one employee. I would assume that his work would be limited, but we'll provide an answer and then we'll look through and see if there are any other provisions of the code. COMMISSIONER O'DONNELL: Thank you. CHAIR BURCH: Thank you. Any other questions? Commissioner Kane. COMMISSIONER KANE: Probably two minor points. In Exhibit 1, which is a surface map of the site, it shows the black dash going from University to Industrial, and this business isn't on Industrial. There's only one way in and out; it only goes half way back. JOCELYN PUGA: That map is showing the parcel, so it's one parcel but two addresses. COMMISSIONER KANE: And when you say there's no ADT, again, it's technical. I don't understand why there will be no increase to daily trips. Our literal reading says everybody walks to the business when I know that's not the case. Is there a minimum number to get an ADT? JOCELYN PUGA: I'm not aware of that minimum number. Maybe Joel can speak to that. JOEL PAULSON: The previous uses are looked at by the traffic engineer, Jessy Pu. The Applicant fills out a traffic questionnaire, looks at the previous uses; they get LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 credit for those. He looks to see if there's a delta that triggers any traffic impacts, from what has been approved versus what is proposed. In this case he felt that there was not any impacts. COMMISSIONER KANE: No increase over what had been going on previously? JOEL PAULSON: Correct. COMMISSIONER KANE: Okay. My last question just concerns a visual of the business being so close. It's on the sidewalk; the door goes up and that's the sidewalk. And then there's University itself. I live seven blocks away from that, and that's a very, very busy intersection. There have been accidents on that corner. When I was at vasona there was a collision. It seems like a really busy street, and the Town did a really nice job of putting in lights. It's so much better than what was there, and in fact the accidents I'm aware of occurred before the new system was in place. What I mean visually is the door goes up and the car is on the sidewalk, and then the car is in the street. I mean the sidewalk is just that, and the building comes right to the sidewalk. There's no ramp, there's no warning, there's no time to see a car coming; it's just going to back out. I guess you can't prohibit it, because it's been LOS GATOS PLANNING COMMISSION 6/10/2015 Item 42, 657 University Avenue 9 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 done, but have we thought about requiring any safety devices, or is there no indication that one is required? Lights, bells, whistles? JOEL PAULSON: I don't know that that question was directly posed to the traffic engineer, but he usually looks at all aspects of that. We have Ryan Fong from the Engineering Department; I'm not sure if he has any other insight. But if that's something that's a concern, we can look at places (inaudible). COMMISSIONER KANE: I looked at the other auto body shops and they're set back so much further, and this guy is right on the sidewalk. I drive by it twice a day, and I knew it when there were folks in there and the ramp was up and you could see what they were doing, because it's right there. That's fine, but that's where the door is; it's right on the sidewalk. Do we need a flashing light? I don't know. JOEL PAULSON: We can easily add a condition for the backup. I don't recall Jessy bringing that up as an issue of, I think, site distance is what you're referring to in terms of backing out so abruptly onto the sidewalk. COMMISSIONER KANE: Our Commercial Guidelines talk about being pedestrian friendly. I mean it's not even residential, it's commercial guidelines, and I just don't LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 10 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 see that blind —it's not an intersection —but that blind corner being more pedestrian friendly than car friendly. JOEL PAULSON: The other thing I'd add is that obviously this is an existing space, so there are a number of businesses that could go in there without any requirements and would still have to operate that same way, but it is definitely something that we can look at from a traffic safety perspective. COMMISSIONER KANE: So previously that space was used for storage of cars; that was one of them? JOEL PAULSON: That was one of the uses, yes. COMMISSIONER KANE: I don't necessarily see that as being a lot of traffic. And the other use was? JOCELYN PUGA: There was a contractor's office and warehouse before this. I believe last summer they vacated the space. COMMISSIONER KANE: Okay. I still don't see the traffic that I would see with this shop. Maybe I'm misunderstanding and I'll talk to the Applicant. It seems to me like the traffic could go up, but I'll ask. CHAIR BURCH: I do think that's going to be something we're going to need to talk specifically to the kpplicant about. COMMISSIONER KANE: Thank you. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 11 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BURCH: I want to ask one quick question. Dne of the items that I noticed in here was a requirement — maybe I read wrong —that the front rollup door is open during business hours. JOCELYN PUGA: Yes. CHAIR BURCH: So being as this is a facility where there will be painting and things going on, oftentimes those types of activities are accompanied by fumes, so I'm curious why the preference would be to have the rollup door to the sidewalk open rather than require additional exhausting of the facility. JOCELYN PUGA: The rollup door is conditioned to be opened so that vehicles can enter the space at all times during the business operating hours, and then that would also help with some of the fumes. The Applicant can speak more to the portable spray booth, but it is a self - ventilating portable spray booth, and so that will filter the dust and fumes. In addition to that, they would require review by our HAZMAT division, the Santa Clara County Fire Department; the HAZMAT division would take a look at the portable spray booth and make sure that it meets all their ventilation requirements. CHAIR BURCH: Okay, great. Thank you. iCommissioner O'Donnell. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: Just one comment. when it was mentioned that some other use could come in, I assume some other use would not require in general a Conditional Use Permit, whereas in 1977 the Town Council specifically adopted an ordinance that said if you have an auto body shop you have to obtain a Conditional Use Permit. So I don't know that we can mix apples and oranges. The fact that somebody else could come in that doesn't need a Conditional Use Permit really has nothing to do with one that does require a Conditional Use Permit, because the findings are different, right? Thank you. CHAIR BURCH: Any other questions? Commissioner Kane. COMMISSIONER KANE: In your report you did say that it was not required for the door to be open during painting. You also said we should look at the Applicant's business plan, and I'm having a lot of trouble with envisioning how this is all going to work with just one person. And when I think of the business plan, part of that is the competition, and so this applicant wants to put his business in the middle of five other auto body shops. 'iaybe they don't do paint, maybe they don't... I mean I've read the location map for the other seven. Is that ever a LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 13 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 concern of the Town to be cautious about putting an Applicant in a place where ... or putting a burger joint in between nine other burger joints? I've seen it done in Mad magazine, but I don't know that that's a good business plan. ROBERT SCHULTZ: It's not part of our regulations. Part of the finding that you would make to deny it is that there are five others and you're concerned that his business plan is going to fail; that wouldn't be one of your criteria that you make for denial. COMMISSIONER KANE: Thank you for your report. CHAIR BURCH: One more. Commissioner Badame. VICE CHAIR BADAME: But to add to that, I believe we could look at intensification of use in that area. CHAIR BURCH: And I think that again is a discussion... Let's get the Applicant up so we can ask some questions. Okay, thank you very much, Ms. Puga. I'm now going to invite the Applicant to speak. Gary Nishita b. The Applicant will have five minutes to address the Commission to discuss his plans, and then afterwards we will have some questions for him. Please, again, state your name. When the light goes yellow you have thirty seconds, and when it's red your time is finished. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue owl 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2s GARY NISHITA: Hi, my name is Gary Nishita, the applicant for Bi -City Paint and Body. I understand there are a lot of different questions and concerns regarding the use of the space and how it's going to work effectively and be safe. It's not very difficult to make a space like this work. I've been in the business for 15 years. I came into it with a close family friend who opened this business up in 1962 in Santa Clara. So now I came here with the opportunity that was given to me, and I'd like to address any and all concerns you guys have. One of them being the maneuverability of the cars in and out of the space. If you look at the building plans, there is a wide -open space in the middle that's purposely there, the way we laid it out, in order for us to make a 360- degree turn, so instead of backing the cars in and out of the actual space where the garage door is onto the street, you could pull out frontwards. Second, one of the things that I wanted to do in order to prevent any pedestrians from getting hit and other accidents, because it is busy at that corner of University and Blossom Hill, is put mirrors up on the garage door on the left and right side. I don't know if any of you guys are familiar with them, but they're round, oval mirrors. A LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 15 1 2 3 4 5 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Lot of parking garages use them for not only pedestrians that are walking or other vehicles that are out on the street, but also so the vehicle that's coming out of the space could see everything, their surroundings in front of them. That way there's less chance of an accident. I'm not saying that one cannot occur. I mean every situation is different, every person is different on their driving habits. But that's one of the safety issues that I wanted to put in there that's not being required as far as Planning's recommendation, but it's something that I would have put in myself. Regarding the use of the space, the one work bay, I know it seems small, and it is, but seeing that I've been in the business long enough, I've learned that bigger isn't always better. My last shop was twice the size of this, and the parking lot to my shop was twice the size of that. So I understand where there is concern that one working bay is not going to work, and that's where the portable spray booth comes in, because it works as two functions. One, for painting, but also for prepping vehicles, because the prepping of the vehicles is a lot of dust from the sanding; primers you're supposed to spray in a spray booth, not outside anymore; and you have to be permitted to spray LOS GATOS PLANNING COMMISSION 6/10/2015 Item 42, 657 University Avenue 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 primers. So that portable spray booth works as both; it's considered a mobile workstation. Not only that, but I could easily move that booth anywhere around the space as required with the Town of Los Gatos Fire Department, whomever, any government agency. I've already talked to the Bay Area Quality Management District. I've talked to one of their head engineers there that's been there for 15 -20 years. He actually was the one that signed off on my spray booth permit in Santa Clara, and he said that it wouldn't be a problem, that I could apply for it online, and I could get it within ten minutes for it to permitted with them. Now I know that doesn't say that I could be permitted with other agencies, but they're one of the ones that govern all the permits in the Bay Area for spray booths and any kind of coatings. As far as the traffic impact, I did speak to Jessy Pu. That was the first thing I did before I even signed a lease, before I applied with the Town of Los Gatos for my Conditional Use Permit, and he came back to me and said it wouldn't cause any traffic impacts, you're fine, go ahead and proceed to the next step. So I don't know how much more of an impact is already there from services that are involved with all the other businesses. Vasona Park is always busy, especially on weekends where the parking —I LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 17 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3on't know if any of you guys are familiar with down 7niversity Avenue —is just taken completely. Aside from that, I don't see it being detrimental to any of the other businesses or body shops there. Everybody has their own customer and clientele base, and as long as you do the work accordingly and keep your customers happy they're not going to jump ship to another facility. They're going to stay loyal. I've learned that over the years being in business That's it. I don't know if you guys have any questions for me. CHAIR BURCH: All right, thank you. Commissioner Badame. VICE CHAIR BADAME: So are you relocating your business to Los Gatos, or is this considered a secondary or satellite location? GARY NISHITA: I closed it in Santa Clara a few years ago, so this would be reopening it here in Los Gatos. VICE CHAIR BADAME: And you have one employee that you plan to employ seven days a week without any break? GARY NISHITA: Seven days a week is just an option, and it's not necessarily for working on cars. It could be just delivering cars to the customers, because a LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 lot of people can't get to the business after hours from work. Everybody's schedule nowadays varies, so a lot of customers I've found it's more convenient for them to pick it up on the weekends when they don't have work. And then another thing would be estimates. Again, it's more convenient on the weekends as opposed to during the week for most customers, I've found. VICE CHAIR BADAME: One last question, Madam Chair, if I may? Back to this one employee, you're also going to be there onsite? GARY NISHITA: Correct. VICE CHAIR BADAME: Okay. Because for the one employee that you have, that's a lot of work, being an estimator, prepping the body with Bondo, spray painting, accounting, receptionist. Usually you see more employees that are trained as technicians in different specialties. I'm trying to understand how you can do all this with just one employee. GARY NISHITA: Right. So like I said, I've been doing this for quite a number of years, and over the years it's been hard to keep a lot of the employees that I've had, because there were a lot of like older generation employees that at the end of it came to retirement, and LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue Ens: 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 then trying to keep new employees; everybody goes to whatever shop is busy in this industry. So I had to learn to be more self sufficient, to do as much as I possibly can on my own, and being that I'm mechanically inclined myself, it was just a natural thing for me to pick up and learn and just do. I'm not saying that I'm going to be doing everything 1000, because there are things that I can't do where I have to sublease it or a subcontractor comes in to do the work, or it goes out to their facility, and that's common in the business to operate like that. VICE CHAIR BADAME: Thank you. CHAIR BURCH: Commissioner Talesfore and then Commissioner Kane. COMMISSIONER TALESFORE: Thank you. So let's sort of get back to your business and draw me a picture of it. How many cars a day, a week, do you entertain that you'll have? Take me through this. Is it one car a day? And let me ask two other questions and you can just wrap it into your explanation. When you do evaluations do you have to bring the customer inside as well? GARY NISHITA: Not necessarily. COMMISSIONER TALESFORE: Okay, so just answer the (whole business. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue w 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1s 16 17 1s 19 20 21 22 23 24 25 GARY NISHITA: Because I've had to learn to be self sufficient, one of the things that I try to do is I try to make it more convenient for the customer. There are some that can't get off work in time, don't want to drive this way, or are at home because they can't drive because the car is immobile, so I try to make myself available — either myself, or I send somebody out —to go to their home, office, wherever they're at, to write up the estimate there. That way they don't have to always come in. And if the do come in, then that's where the rollup door is opened, where they come in. I could do the mobile estimate inside the facility. I'm sorry, can you repeat the rest of that? COMMISSIONER TALESFORE: I wanted to know that, and then also... Well, I mean I can't imagine I would hope that it would happen to you, but would you ever turn away business because you couldn't park cars inside? GARY NISHITA: I would and I have. I've done it in the past where I've been so busy, even with the numerous employees that I had, the shop space I had, it just became overwhelming where I just could not take anymore vehicles and I had to either send them away or refer them to another shop, and that's not uncommon in this business. I mean I have friends in the industry just like any other business LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 21 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 owner does. So if you get too busy and overwhelmed, then you need to send the business out, unless the customer wants to wait, and there are some customers that just don't want to wait. COMMISSIONER TALESFORE: And just to wrap up, talk to us about the deliveries that you would have, types and truck size, et cetera. GARY NISHITA: The deliveries would be from parts vendors, and they would just pull into the space. Normally they come in, you inspect the part, sign the invoice, if you don't have a credit account with them, you pay them, and they leave. COMMISSIONER TALESFORE: What kind? Are we driving a van, are we driving a truck? What are we driving? GARY NISHITA: It varies. It's normally either a van or a truck. COMMISSIONER TALESFORE: And you anticipate that they'll come into your space? GARY NISHITA: Yes. COMMISSIONER TALESFORE: And be able to turn around? GARY NISHITA: Yes. The space doesn't seem that big on paper, but if you actually view the inside of it, it is very, very large. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 0Xa 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: Thank you. CHAIR BURCH: Commissioner Kane, and then Commissioner Hanssen. COMMISSIONER KANE: And that's what I've been thinking all along: I wish we could have gotten inside that. I'm reasonably visual. So I have an accident and I call you for an appointment. I can't just show up? Yes? GARY NISHITA: No, you could. COMMISSIONER KANE: Just show up? GARY NISHITA: Right, but the majority of the customers that I've had over the years, they always call me ahead of time. But I've had on occasion, yeah, they do show up; it's not uncommon. door? COMMISSIONER KANE: And I pull in through the GARY NISHITA: Correct. COMMISSIONER KANE: I'm the one who brings my car in and I'm the one who takes my car back out? GARY NISHITA: Correct. COMMISSIONER KANE: Okay. Again, it would have been helpful if we could have gotten in there. I tried, it was locked, I gave up. But I would need to visualize that. Do I need to visualize how that's going to work from the standpoint of safety? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue pal 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: If you need to visualize that, then that's clearly your prerogative, and if we need to set up something where you're able to access this site, that's always an option. COMMISSIONER KANE: I thought I understood the business plan, and when Commissioner Badame was speaking earlier she was referring to an employee, and I'm thinking you're the employee. GARY NISHITA: Well, I consider myself an employee, because I would be getting my hands dirty and actually working. COMMISSIONER KANE: But you're the one person that this CUP is talking about, is that correct? GARY NISHITA: I don't know what Planning's thought was on that. That was a little unclear to me, if it means one employee plus me, or if it's just me as a certain employee. COMMISSIONER KANE: I think that's what's making us very curious. How does one person do everything? Run the reception, run the office, and be in the back. If you're going to need another employee, this may prohibit you from having that other employee, is that correct, Staff? JOEL PAULSON: Ms. Puga is available to answer that. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOCELYN PUGA: The one employee in the Staff Report is referring to the Applicant, Gary. COMMISSIONER KANE: Because there's only one parking place for an employee. JOCELYN PUGA: Yes. COMMISSIONER KANE: You the man. They're saying you can't have anybody else. GARY NISHITA: Well, that doesn't apply to subcontractors though. COMMISSIONER KANE: Where are they going to park? CHAIR BURCH: I think, Ms. Puga, I'd like to ask Staff to expand a bit on this, because it sounds like there may be a disconnect between the Applicant's understanding and Staff, and I want to make sure if we have to make a modification to the CUP and look at parking, we do so now. JOCELYN PUGA: If the Applicant were to have a subcontractor come into the space to work, that's considered an employee of the business and they would need to provide parking for such employee. COMMISSIONER KANE: So that means he can't bring in a subcontractor, is that correct? JOCELYN PUGA: Correct. He could take a car to the subcontractor's office to be worked on, but if the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 25 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subcontractor were to come into this space to work, that's another employee. CHAIR BURCH: May I ask a clarifying question? Let's say you did not want to work seven days a week, you want to work five days a week —and there's another employee that works the other two days a week, it's whether or not there's an employee onsite, one employee onsite at a time, am I understanding that correctly? JOCELYN PUGA: Mmm -hmm. CHAIR BURCH: Okay. Commissioner Kane, does that answer your question? COMMISSIONER KANE: It brings up ten more. Why would I have somebody working in my plant without me being there? It seems like it's cruisin' for a bruisin'. I can't see how it's going to work. CHAIR BURCH: I think that's going to be for the Applicant to decide. COMMISSIONER KANE: Do you understand those restrictions? GARY NISHITA: I do understand it, and I understand that there are parking requirements for the space, but I don't think that should be an issue, especially when it comes to subcontractors, because every business along that street, especially body shops, use LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue FFX7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 subcontractors. There is no one shop on this street or in the Town of Los Gatos that does everything in- house. COMMISSIONER KANE: They may, sir, but they may not be (inaudible) by a CUP that says one employee. So I guess if a subcontractor shows up, you have to leave. I think we should do something more sensible than this and set him up for that. CHAIR BURCH: I'm going to ask, rather than derail this, that we go ahead and let the other Commissioners ask some questions. We do have comment cards from the public, and I'd like to table this to revisit it when the Applicant comes back. Commissioner Hanssen had a question, then Commissioner O'Donnell. COMMISSIONER HANSSEN: I had the same question about the bays, but I think Commissioner Kane kind of went to the places I would have gone with the questioning. But going back to the customer parking, can you tell me what's typical for a turnaround time for one customer? You have a car that's being worked on in the working bay, what is the turnaround time? GARY NISHITA: Every job varies. COMMISSIONER HANSSEN: Well, if you had to make an average. Or is there a range? Is it like a half a day to two days? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 27 I 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY NISHITA: It could average from overnight to upwards of months. Every vehicle accident is different. No two are the same. COMMISSIONER HANSSEN: Getting back to the fact that you have one working bay and three customer parking spaces, and your Conditions of Approval say that the three customer parking spaces shall be accessible at all time. So that means that you can't have anything parked in any of those parking spaces. GARY NISHITA: But customer vehicles. So as I'm working on one car, I would pull that out as I'm either in between jobs or finished with the job, put it in the customer space, bring out the other one and move it into the work bay. COMMISSIONER HANSSEN: Well, your Conditions of Approval don't say that. It says they have to be accessible at all times, so maybe there is just a nuance in the Conditions of Approval. Because I understand what you're saying, that makes sense, that seems like the right way to do it, but that's not what this says here. It says they have to be accessible at all times. That means there shouldn't be anything parked there for anything other than a very short amount of time, and what I'm hearing is you're going to stage... LOS GATOS PLANNING COMMISSION 6/10/2015 Item 42, 657 University Avenue K-1 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 GARY NISHITA: But for customer vehicles. From my understanding it's for customer vehicles, and that's what it would be. It's not for my own personal parking or my friend's parking or anything else; it would be for customer vehicles. COMMISSIONER HANSSEN: Fair enough. Getting back to what you just said though, supposing you have the really tough car that takes months. So basically you're going to be having just that one car there and then nothing other than people visiting for the next... Because you know it's going to take months, right? So that those customer parking spaces will be (inaudible). But if you have something that's overnight, you might have somebody that came in a few days before and drops it off and they might be in the spot. I'm just envisioning a scenario where you could end up having all those three customer parking spaces filled up pretty often. GARY NISHITA: I don't see it that way. As long as I schedule everything correctly, then I don't see that being an issue. I think if I go and I was a high - volume shop that just took on everything that was thrown at them, then I'd run into a lot of problems. That parking wouldn't suffice, the building size wouldn't suffice. But I'm just starting back out after being away from it after three LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years. It's not like I'm going to get a wave of business right off the bat. COMMISSIONER HANSSEN: Okay, fair enough. And then just to confirm, the space that you have set up in the shop is big enough for any car that's parked anywhere to be turned around so that when they come out of the building they'd be going forward, not backward. GARY NISHITA: Yes. COMMISSIONER HANSSEN: Okay. I just wanted to make sure. All right. CHAIR BURCH: Commissioner O'Donnell, and then I'm going to move to the public. COMMISSIONER O'DONNELL: It's been my observation that sometimes in your business a tow truck arrives towing a car. Does that happen? GARY NISHITA: Yes. COMMISSIONER O'DONNELL: Now, if you have another vehicle in the one spot you've got for a work vehicle, do you tell the tow truck driver to go away? GARY NISHITA: He would have to take it back to their facilities. COMMISSIONER O'DONNELL: So as long as you have one person in the workspace, you cannot take another car to work on, right? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue [till, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY NISHITA: No, I could, because the... COMMISSIONER O'DONNELL: Not if you read the permit, you couldn't, right? GARY NISHITA: Well... COMMISSIONER O'DONNELL: If you read the permit... GARY NISHITA: ...from my understanding, the three spaces are customer vehicle parking. That means customers that... vehicles that I'm working on. COMMISSIONER O'DONNELL: So if I have a car that needs to be repaired, you'd consider that parking? So if I have four cars in your shop, one is under repair right now, three are waiting to be repaired, there is no customer parking, but you consider... GARY NISHITA: Well, they would be customers, so from my understanding that would be customer parking. I'm not a business like a bar or restaurant that has customers just coming in, sitting down, having a cup coffee and something to eat, and leaving. COMMISSIONER O'DONNELL: Well, I understand your understanding, but let me ask you: If in fact you're wrong and you could only have ... you have to have three parking spaces, which means people can come in and park in that spot and go back out, as opposed to you using it to repair vehicles. If you assume for the moment that's what the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permit says, could you conduct your business? In other words, you only have one car at any given time that can be repaired. For example, if you take months to repair a car and you've only got room for one car to be repaired, do you think that makes any sense? GARY NISHITA: No, it doesn't, but that's the time, if that's the way the permit reads, I would have to make adjustments to not schedule any vehicle that's going to take longer than, say, two or three days or a week. Anything longer than that, I wouldn't take the vehicle in, I would just send it out. COMMISSIONER O'DONNELL: So when somebody comes in and you think it's going to take two or three days, and somebody else calls you on day two and says I've got to tow my car in, you'd tell them to go elsewhere, is that right? GARY NISHITA: I would tell them they would either have to wait, or I could refer them to another shop, or they could take it to a shop of their choosing. COMMISSIONER O'DONNELL: Thank you. CHAIR BURCH: All right, thank you. We're going to now invite some of the public to speak, and when we are finished you will have an additional three minutes to come back up and address us with any of the items that were brought up by the public. I think we may have some LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 32 1 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 additional questions. And then at that time I would like us to engage Staff a little bit more in going through a couple of the Conditional Use Permit items to make sure that we are clear and the Applicant is very clear. Is that all right? GARY NISHITA: Yes. Thank you. CHAIR BURCH: I'm going to call Mark Mander. Mark, you'll have three minutes, and just like previously, when the yellow light comes on you have 30 seconds, when the red light comes on your time is up. Please state your name. MARK MANDER: My name Mark Mander. Good evening, Commissioners. I live at 634 Industrial Way. The property is known as 635 University Avenue. My family has owned the property since the early fifties. We have three storefront tenants on University Avenue. I usually don't get involved in neighbors' decisions on who they rent to, however, I cannot agree with the proposed use for this address. It is unfortunate that Mr. Rhodas' property is located where it is in relationship to the Blossom Hill Road and University intersection. I'm against this, and my main reason is parking. Since the ballet /Dilates studio moved in across from us parking has been more of a challenge for our tenants and their customers. Other business owners on the street that LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 33 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I've spoken with agree as well. It is already maxed out 8:00 -5:00 Monday through Friday. The ballet /Pilates owner assured me that when they went in the parents would only be dropping off and picking up at curbside, but that has not been the case. Pilates customers park on University all the time, and in front of our property. Industrial Way, which our property borders, is maxed out as well. It's absolutely nuts. The CB Concrete army takes most of the spots early on, and their vehicles stay there until 4:30 or 5:00 Monday through Friday. The three body shops on the streets fill the rest. Yes, there are three, and four, with one on the other side, that I'm aware of. And put their customer vehicles on top of that. The DMV customers troll for what is left, and that completes it. Mr. Nishita states in his Letter of Justification that he will perform work with highly trained technicians, plural. I thought there was only one. He states the following: "There are not many repair facilities in the Town." I count four. Also that the proposed use, "would not be detrimental to public health or safety." I disagree. Tow truck drop -offs, customer pull -ins and -outs in the driveway, deliveries in and out of the driveway, all on that intersection? Really? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 19V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 He also states if additional parking is required there is an abundance, really ?, of street parking approximately 25' away on University. That's because all of the parking in front of his property is red. I have a feeling that your staff is out of touch with what is our reality down there. Perhaps you could require... (Timer sounds.) Well, I'll finish. I'm sorry to Mr. Rhodas and to Mr. Nishita, but I encourage you to deny this use permit. CHAIR BURCH: All right. Commissioner Talesfore and then Commissioner Kane. COMMISSIONER TALESFORE: I do have a question for you. You live on Industrial Way. There's a map; I don't know if you can see it. block? sides? MARK MANDER: I'm in the middle of the block. COMMISSIONER TALESFORE: In the middle of the MARK MANDER: Yeah. COMMISSIONER TALESFORE: On the backside, or both MARK MANDER: Our mailing address is on Industrial. COMMISSIONER TALESFORE: Is on Industrial. MARK MANDER: Yeah. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TALESFORE: Okay, so you're in the middle of the block. MARK MANDER: We have a second floor apartment on the property, and we have three storefront retail units that are on University. My brother owns one of those businesses and he uses the back construction yard for this access on Industrial. COMMISSIONER TALESFORE: All right, fine, so you're in the middle. All right, thank you. CHAIR BURCH: Commissioner Kane. COMMISSIONER KANE: You said the parking in front of the subject property was red, and we've all been to the site, but that's what I've been trying to say: There is no parking. MARK MANDER: Exactly. COMMISSIONER KANE: When you leave the curb, you're in University traffic. I live over there and I know what's going on with the children. MARK MANDER: It's unfortunate. I mean I don't wish to curtail the man's ability to rent his property, but I just don't see it as a... COMMISSIONER KANE: It's the curb that's painted red, because there's nowhere to park. That is the street. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue [till 1 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARK MANDER: Oh, you couldn't park there anyway. It doesn't matter, yeah. COMMISSIONER KANE: Thank you. CHAIR BURCH: All right, thank you. Dennis Gilman. DENNIS GILMAN: Hi, my name is Dennis Gilman. I am a general manager at South Bay Auto Body, and a lot of what has been said here is kind of confusing for me too. I've been in the business since 1976, and again, find it virtually impossible for one person to maintain a business of this caliber, not to mention the safety equipment that needs to be put in there for storage of hazardous waste and the spraying of the vehicles. A portable spray booth, we'd all put them in if they were legal. I think that is something that needs to be seriously looked at before a Conditional Use Permit would be out there, because that is a primary area. So is that spray booth going to take up that work stall while the paint is drying, or is he not going to do any more work? It just continues, like he said; question after question keeps coming up. I'm looking out for our business. We provide customer parking onsite. We don't bring customers into our ouilding to have them turn around to drive back out of it. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue [HIJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'd like to know the dimensions of the building, because I can't imagine somebody in a 3,000 square foot building turning around their Chevy truck or work truck, or a tow truck or something in there trying to turn around to come back out of there. That doesn't sound reasonable. And it is a very high- traffic volume area there, and a lot of customers will come in and want estimates. A lot of them just stop by. Oh, a body shop. Oh, I'm going to get an estimate. We'll have four or five people coming in at the same time for an estimate. It's nice to try to schedule it, but in a perfect world it doesn't happen. CHAIR BURCH: All right, any questions? Commissioner Kane. COMMISSIONER KANE: Are estimates a big part of the business? DENNIS GILMAN: Estimates are the majority of the business. That's where you're communicating with the customer, and it's not just so much the estimate. You're writing the estimate, sometimes it requires a teardown of the vehicle to be able to get in there to find all the damages, so you have to invite them back by the state laws to have them sign documents. COMMISSIONER KANE: That's for the insurance 1companies? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue I 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 DENNIS GILMAN: That's going through an insurance company. Customer pay. Whether it's either of them, generally they're back in there two to three times signing documents, walking them through the repair process. COMMISSIONER KANE: Thank you. CHAIR BURCH: I have a question. I want you to walk us through what a portable spray booth is. DENNIS GILMAN: I do not know what a portable spray booth is. I've been in the industry, like I said, since 1976. I've yet to see a portable spray booth in use. CHAIR BURCH: Okay. DENNIS GILMAN: I've seen some of what we call "dust collectors," so when you're prepping something it will collect the dust. But when somebody is spraying a car they need to be wearing a respirator, fresh air system inside a contained what we called a "downdraft booth," which is zero gravity so that all the fumes are being captured into the proper filtration system. CHAIR BURCH: All right, thank you. Any other questions? Commissioner Hanssen. COMMISSIONER HANSSEN: Just so we have some comparison, you mentioned about having parking for your customers. Roughly how many employees do you have, and how much parking do you have? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 DENNIS GILMAN: Currently we have seven employees working on the vehicles. We have three people working in the office. A total of ten, and we're considered a small volume, but we have quite a bit of space for parking. COMMISSIONER HANSSEN: And how many parking spaces do you have for customers and (inaudible)? DENNIS GILMAN: We've got about 18 parking spots. That's on the outside of the building. COMMISSIONER HANSSEN: It's on the outside? DENNIS GILMAN: Yeah. That's not including any of the workspaces inside. I'm just giving what's on the outside. COMMISSIONER HANSSEN: It's on the outside. And then you have parking inside as well? DENNIS GILMAN: Right. You could put three parkings right in our front driveway, away from the curb, that they could come in and talk. COMMISSIONER HANSSEN: Because of the setback that you have? DENNIS GILMAN: Yes. COMMISSIONER HANSSEN: Okay. CHAIR BURCH: Commissioner Badame. VICE CHAIR BADAME: What is the square footage of your building? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue Ego] 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DENNIS GILMAN: I don't have the exact square footage. I wasn't prepared for that little question. Probably around 4,000 square feet. We're in two separate buildings, so we're kind of spread out a little bit. VICE CHAIR BADAME: Okay, so the two separate buildings combined are about 4,000? Because Mr. Nishita's application, it's about 3,000 square feet for one employee. DENNIS GILMAN: I can ask. (Speaks aside.) We've got a total of 9,000 square feet. VICE CHAIR BADAME: Thank you. Thank you. CHAIR BURCH: Do we have any other questions? No. DENNIS GILMAN: All right, thank you. CHAIR BURCH: All right, next is Jim Malamatenios. JIM MALAMATENIOS: Hello, I'm Jim Malamatenios. Nothing against Ed or anything that's going on. I've been doing this since 1977. We took over in 1990 where we're at in Los Gatos. I own several buildings on the street there, and my big thing was I was told there were no more Conditional Use Permits allowed for spray booths when you guys made me revoke the one that I had at 601 University. So that was my big problem when I heard there was another body shop coming in. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 41 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s My other big concern is that in this same building there's another supposedly "satellite" body shop that they take all of the Los Gatos customers to San Jose, which they're building them out there. There's a new thing that's going on in the industry. They have one building, one shop somewhere, and they're finding all these small little holes to fill in to gather customers, take them elsewhere to fix the cars is what really goes on. So those tax dollars are going to Cupertino, they're going to San Jose, they're going wherever they're going. They're not staying here. That's a big problem for me. That and the fact that I lost my Conditional Use Permit for ever putting a spray booth in a building that I own was my big reason to come here to hear what was going Mm CHAIR BURCH: All right. Commissioner Talesfore, then Commissioner Kane. COMMISSIONER TALESFORE: When was it that you lost the spray booth permit, I guess? JIM MALAMATENIOS: My property on 601 University, I had a Conditional Use Permit to put a spray booth in there, because our body shop used to be in there as well, and painting, and when I purchased 617 and 615 LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 42 I University, to have my body shop over there, they no longer 2 would let me have it at 601. 3 COMMISSIONER TALESFORE: But you have it at the 4 other two buildings? s JIM MALAMATENIOS: Yeah. My problem is for me to 6 be able to do any more paint work in there, I'm not allowed 7 to anymore. So when I just heard this whole thing was s 9 going, I didn't... Maybe I'm wrong, but I didn't know why, to unless you can give it back to me. 11 COMMISSIONER TALESFORE: Thank you. 12 CHAIR BURCH: Commissioner Kane. 13 COMMISSIONER KANE: Why are you not allowed to 14 spray paint over there anymore? 15 JIM MALAMATENIOS: Because they took the 16 Conditional Use Permit away from me. 17 COMMISSIONER KANE: Do you know why they did 18 that? 19 JIM MALAMATENIOS: For me to be able to do it 20 down here, they took it away from me from being over here. 21 COMMISSIONER KANE: They're saying you could only 22 have one or two? 23 JIM MALAMATENIOS: Yeah. 24 25 COMMISSIONER KANE: So you wanted three? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 43 1 JIM MALAMATENIOS: That's what I'm assuming. All I 2 know is when I bought 615 and 617, to keep a Conditional 3 Use Permit to do painting here I had to leave it... I have it 4 at 615, 617, and 627. 5 COMMISSIONER KANE: Can Staff help with this? 6 JOEL PAULSON: Staff doesn't know the particulars 7 of this, but if you move locations, your CUP, if it's not s vested, no longer is active, so he probably had to get an 9 additional CUP. I'm not sure what year even we're talking to about. I have never heard of any prohibition of additional 11 12 spray booths from the Town's perspective. 13 COMMISSIONER KANE: Well, he's been on that 14 street a long... 15 JOEL PAULSON: It could have been on the air 16 quality, or some other government agency has restrictions. 17 We're not aware of any. The Town definitely doesn't have 18 any. 19 COMMISSIONER KANE: Thank you. 20 CHAIR BURGH: Looks like something you may want 21 to look into with Staff. Any other questions? All right, 22 thank you. And last, Gary Fowler. 23 GARY FOWLER: Good evening everybody, my name is 24 Gary Fowler; I own Preferred Image Body Shop, super good 25 friends with Ed Rhodas, who actually owns the building. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue .M 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 I've had nothing against Mr. Rhodas in all the years of him renting this building, but I'm contentious about the new body shop that's proposed in this town. As a body shop owner, I've been in business since 1977, 1976, I'm 40 years strong in the business. I personally work in my business. I wash cars, I write estimates, probably ten a day on average, answering phones, crunching files, doing framework, doing bodywork, doing priming, doing buffing, putting the car together. It is virtually impossible of me to do everything in my business, as I am popular, talkative, selling jobs. Also too, my friends don't call me to come in to visit me when they get into a car crash. A car crash is an accident. People sometimes are stressed and stuff. They come to me right then and there looking for my help. The Town actually changed the characteristic of the parking and the signs and everything they put out there, the streetlights and everything. They actually widened the street there, which made it very difficult for Mr. Ed Rhodas' building on the side there; they actually painted the whole curb red. So cars coming up Blossom Hill and making a right hand turn onto University, if a car is backing out right there, it's an incident. I've seen so many accidents on this corner. There are marks on Mr. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 45 1 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 �hodas' building, and my building, from where cars actually nit our building there over the years. Cars coming around, it's dangerous for tow trucks to go in, try to make a wide turn blocking two lanes of traffic just to get inside that building; it would be very difficult for tow trucks. Conditional Use Permit. It's understood; all us body shops know that a new spray booth is not allowed. What I showed you guys there is a typical spray booth. Every body shop around has a spray booth. A car has to be in an enclosed area, and the fire department regulations say you have to have fire extinguishers, proper connected lights where there's no electricity inside of it, air ventilation has to be done on it. The second picture, I printed it up really fast, is kind of like a prep station. It's a portable, little ventilation area. So you put it by the car where you're trying to do a little paintwork, and it takes the air from inside the body shop. So yeah, he is going to take cellophane and cover cars, in his notes, "to keep cars from getting overspray on them." So where are all the other fumes going in, into the body shop? The customers in my shop are not allowed in my body shop because of the grinding and the sparks. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue m 1 2 3 4 S 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 A frame machine. Is there a frame machine on that plan? I'm not sure. Is there a spray booth area on that plan? Is there a paint bench? Is there paint supply stuff? It's a lot. And there are seven auto body shops in this town. Pretty impressive. "Me," yes, I am on the corner. Do I really want a body shop on the corner of my town? Twenty - seven years here. Probably not, but I decorated my building, I try to make my building nice, I try to keep my parking neat. But seven shops. Another one, parking, people, the little kids that come from the school. It's pretty tough. CHAIR BURCH: All right, Mr. Fowler, I have to interrupt you. GARY FOWLER: Of course. CHAIR BURCH: Do we have any questions? Commissioner Kane. COMMISSIONER KANE: When you say you don't allow people to pull into your body shop and drive their cars back out, why is that? Is there a legal restriction against that, or is it just your policy? GARY FOWLER: It is a strict rule with my insurance company that no customers are allowed in the body shop area. My employees wear glasses; there's grinding. A LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 47 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 customer could get hurt, so customers are not allowed inside the body shop. COMMISSIONER KANE: How many employees do you have? GARY FOWLER: I run five employees. COMMISSIONER KANE: How many bays? GARY FOWLER: We run about eight to ten bays. COMMISSIONER KANE: And the access /egress to your establishment is on Industrial. GARY FOWLER: That's is correct, and we have about three car parking right out front. Keep it open for customers that constantly come in for incidences. COMMISSIONER KANE: Thank you. CHAIR BURCH: Any other questions? Thank you. GARY FOWLER: That's it? CHAIR BURCH: That's it. GARY FOWLER: Okay, thank you for your time. I appreciate it. CHAIR BURCH: Thank you. So we'll now call the Applicant back up. You have three minutes to discuss anything that you just heard, answer any questions, and (then we will probably have some continued questions for IYou. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue M 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY NISHITA: Okay, let's see. First off, the gentleman from South Bay Auto Body had mentioned that every shop has a down draft spray booth. That is untrue. Sixty percent of the shops in the Bay Area have older spray booths that are not down draft spray booths. That's something that every body shop shoots for, because that's supposedly the best type of spray booth to use in order to capture more particles of dust, but that's not true that that's what is used or even required. The majority of the shops in the Bay Area have cross flows or side down drafts, or they don't even have that. What they have are front flow booths. So that's number one. Two, South Bay, I mean you're comparing apples to oranges on the size of the space. Theirs is three times the size of my space that I'm proposing to put a body shop in. Second of all, they're a direct repair facility for two major insurance companies, which means that insurance companies send him work constantly on the daily. Now yeah, he has adequate parking up front, but he does use the front parking in the street also, because I've seen cars there when I've walked by. Cars that have been wrecked and set there over the weekend were waiting for him to be opened. I mean everybody on that block uses the street for parking in one way or another, whether it's just to LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue FE 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 come open up their facility, or to come in to work, or something. It's unfair for these gentlemen to say that oh, you're going to be taking up all the parking; it's a big issue. Yeah, parking is an issue, but all the other neighbors and tenants around there, everybody works together, and I could go there any time of the day, with the exception on weekends, and find parking on the street. The weekends, that's another story. With Vasona Park nowadays so popular it gets extremely busy, and I can never find parking. As far as the gentleman that had his spray booth permit revoked, I sympathize with him. I would be pretty upset too if that happened to me, seeing that I'm in the business myself. I mean to have that and you buy buildings and it gets revoked. I don't know the circumstances on that, so I really can't go into detail and comment on that, but there's nothing in the Town Code that says there are no more spray booths to be allowed in the Town of Los Gatos. I know (inaudible) were it has to be in a certain area, a certain zoning, which from my understanding I'm in that proper zoning. As far as Gary Fowler of Preferred Image, he just said that he works on ten cars daily on the average. Well, I mean that would be a violation of a CUP, because his only LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allows for six working bays and three employees, so that would make me question how is he to come in here and talk about denying my permit when he is in violation of his own? I think that's totally unfair, and if you look on University Avenue any day of the week, and you go on University Avenue when he's open, he has cars spread out all throughout University Avenue on the street. There is no outside parking according to his CUP. So again, that's another issue. Third... CHAIR BURCH: Actually, I have to stop you; your time is up. Do we have any questions? Okay, I'm going to go Commissioner Talesfore, Commissioner O'Donnell, and Commissioner Kane. COMMISSIONER TALESFORE: So to the point of your letter of explanation that you've included in the Staff Report, and as it was pointed out, you have said here, "If additional customer parking is needed, there is an abundance of street parking approximately 25' away on University Avenue," and you heard tonight, and I could probably, as most of us could, attest to the fact that there is little parking most of the days on University Avenue. Can you tell me how you would justify this? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 51 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 GARY NISHITA: I justify it because I'm there every day. Just because I'm not opened doesn't mean I'm not down at the facility working on my laptop. You know, like I said, I could go there any time of the day and find parking. The only time I can't is on weekends when it is taken because of Vasona Park. COMMISSIONER TALESFORE: But your business, your Conditions of Approval, are saying that you need to be parking onsite. GARY NISHITA: Right, and I'm not saying that I'm going to be parking vehicles on the street, but... COMMISSIONER TALESFORE: It's hard for me to approve something when I'm hearing you tell me that you are going to park on the street. GARY NISHITA: No, that was just an explanation if additional parking is needed. I'm not saying that I'm going to go use it, but like I said, any body shop CUP on there probably has provisions where they're supposed to park onsite, but yet, everybody on that block, from body shops to other businesses, whether they're supposed to be parking onsite or not, they park on the street. COMMISSIONER TALESFORE: Thank you. CHAIR BURCH: Commissioner O'Donnell and then Commissioner Kane. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 52 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I just have a factual question. I've heard discussions tonight about the paint booths, and Mr. Fowler gave us a photograph of one. GARY NISHITA: Right. COMMISSIONER O'DONNELL: You've indicated, I think, that you would have a different one? GARY NISHITA: Correct, and I have images that I'd like to show you guys. COMMISSIONER O'DONNELL: Okay. GARY NISHITA: That is what a portable spray booth looks like. The reason why a lot of people haven't seen them is because this is a new product that came out approximately five years ago, so it's not something that's normally used in a heavy spraying environment. But on a limited basis, like myself under the space constraints, this is the perfect solution for that. I'm not looking to spray ten cars a day like Gary Fowler does. I mean that would be a violation of any CUP requirement, plus I couldn't handle it. COMMISSIONER O'DONNELL: Mr. Fowler did attach a copy of a drawing very similar and said to us —and I'm just asking you —said to us that's used for smaller jobs. GARY NISHITA: No, you could spray a whole vehicle in that. Not only that, but if you look at it, the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 53 1 bottom part of the image is the filters where air is sucked 2 in, similar to a side down draft booth, and what it does is 3 it filters all the overspray, any chemicals, up to 98% 4 capture rate, and it exhausts fresh air from the top 5 portion two filters. 6 COMMISSIONER O'DONNELL: So the Air Quality 7 Management District would permit this then the same as they 8 would bigger booths, and you're saying they don't care what 9 you use? 10 GARY NISHITA: Correct. Not only that, but it has 11 12 a dry chem system. There are two requirements for spray 13 booths: it's either a sprinkler system, depending on the 14 size of the building, or a dry chemical system. This has a 1s dry chemical system built in, along with gauges and a fire 16 extinguisher attached to it, as you can see in the image. 17 So there's the fire extinguisher for the dry chem system, 18 and there are gauges that are attached to this booth, and 19 if it senses there's an issue where there's going to be a 20 fire, some type of thing where it needs to activate, it 21 automatically activates. 22 On top of that, as you can see, there's a fire 23 retardant curtain that's see - through, so you can see the 24 rya employee through there, or whoever is spraying. And that's another safety issue; in a regular spray booth there are no LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue , 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s windows, there are just metal doors, so you can't see what's going on in there. COMMISSIONER O'DONNELL: How do you close the end of it? I see the sides, and I see the front. GARY NISHITA: There's a railing system on there, and what it does is... If you've ever been in the hospital, how they have those curtains that rail around the beds, that's what it does. rail? O'DONNELL: So it closes, but with a GARY NISHITA: Correct. COMMISSIONER O'DONNELL: All right, thank you. CHAIR BURCH: Commissioner Kane. COMMISSIONER KANE: I just wanted to express my concern, Mr. Nishita. You're in that building now? COMMISSIONER KANE: There's a `For Lease" sign out front. GARY NISHITA: That's the landlord; he put that out there. That was just to make him feel better, because he doesn't know how this is going to go, whether I'm going to be approved for a CUP or not, because I've had a few hiccups along the way. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 55 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER KANE: But you're paying the rent, you're making the investment, and hoping for a good outcome? l e t A W= � i 01.4 0 0 l ft � e r� F� $ M COMMISSIONER KANE: I want to share my concern on that pulling in and out issue. I couldn't find a parking spot, and I live not too far away. I see the children coming from the park, coming from the dance school, cars lined up. So I pulled into the salon, which is the establishment next to yours, because it's a one lane and there were two cars in it, cyclone fence. I went and asked permission if I could just be there for two minutes. And then I did the onsite, and getting out of there was a devil. I couldn't see the street until I was flush with it, and as far as having mirrors, all the mirrors would have shown me was the cars, because I waited a good three minutes for both sides to clear out so that I could safely back out and then head north on University. A thing to think about if we go forward with this is —as we've done with other establishments —to consider a no left hand turn. Just a thought. GARY NISHITA: And that's not a problem for me. But one of the things that you had stated is that you were backing out, as opposed to the way I'm going to have LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vehicles pull out. They're going to be pulling forward, and depending on how you angle the mirrors and the size of the mirrors, you would get a full vision of not only the sidewalk where you're going to be pulling out in front of, but also the street, so you're going be able to see pedestrians coming from left to right, and also vehicles coming from the street left and right. COMMISSIONER KANE: Thank you. CHAIR BURCH: All right, Commissioner Talesfore. COMMISSIONER TALESFORE: This is a follow up to that, about the mirrors. Where would those be installed? GARY NISHITA: They would be on the top left and right hand sides. COMMISSIONER TALESFORE: Is that on the outside of the building, or on the inside? GARY NISHITA: I would have to look to see what's the best way. It could be either /or, but I would want to do it in a way to get the best angle and best view. COMMISSIONER TALESFORE: And so we don't know what that is at this point? GARY NISHITA: No. Either view could work. COMMISSIONER TALESFORE: Thank you. CHAIR BURCH: I have a couple questions. I want to talk about this paint booth, because what I want to talk LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about is there is this requirement that the rollup door is Dpen, and I want to clearly understand how the fumes are exhausted with this type of a unit. Is it attached to ducting to the roof? If it's self - contained, I'd like to know the percentage that it cleans the air, because what I understand is this is going to be blowing out a front door to a sidewalk. I'm not in your industry, but I would like to understand this very clearly. GARY NISHITA: Down below here, that's where the air intake. That's what everything is sucked into, from paint fumes, clear coat, primers, whatever fumes that are coming from the vehicle being worked on gets sucked into here, and they go out through here after it's all filtered. And it's all enclosed. There's a 98% capture rate, and I have the documentation here, because it's been tested. It's EPA 6H compliant, so in actuality it captures probably more fumes than the average spray booth that's installed in the Bay Area. CHAIR BURCH: Okay. So then my next question on this was you made a comment about the fire suppression system. GARY NISHITA: Correct. CHAIR BURCH: Although a fire extinguisher and a fire suppression system are two different things. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W..� 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 GARY NISHITA: There are both. There is a fire extinguisher attached and a dry chemical system. CHAIR BURCH: Does the dry chem system come out from the top to go down, or does it spray out? I don't see where there would be any way to dispense that. GARY NISHITA: From my understanding, it comes from up here. It won't show it in the image, because this is when the thing was first manufactured out, but it would be attached up here, so that way whenever there is some type of emergency, it would come down. CHAIR BURCH: It's my understanding with this type of industry that beyond us you have state safety requirements that you have to meet. GARY NISHITA: Correct. CHAIR BURCH: For our own benefit, I'd like you to briefly walk us through what those requirements are. GARY NISHITA: One of them is with the fire department. There needs to be a small business plan stating where chemicals are going to be kept, how they're going to be stored, how they're going to be disposed of, there needs to be certain labeling on them. Cal /OSHA is another one that every business has to be in compliance with, from safety exit signs to fire extinguishers throughout the building. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 59 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 The other one is Hazardous Waste of Santa Clara County; there's a permit for oil waste, and I believe coolant oil and transmission waste. It's similar to what the fire department would want as far as where you're storing the chemicals, how you're disposing of them, how they're labeled. The last one would be the Air Board Quality Management Control that actually permits the spray booth in order to spray in the facility. They want to know what are going to be your most commonly used chemicals, and what percentage you're going to be using of that chemical. CHAIR BURCH: So then I have a question of Staff. I apologize; I realize I'm asking a lot of questions. Do they have to have all of that in hand before we grant them their CUP or their permit for the space? JOEL PAULSON: They do not. They're required by law to do that, and so they will have to do that to be in compliance with those various agencies. We request proof of that, but that would be following the CUP decision. CHAIR BURCH: So if we were to grant a CUP for this use, obviously for him to go into business there's going to be inspectors and everything, but do we do anything to follow up? We give him the CUP, he goes in, he applies (inaudible) and for some reason he doesn't get LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them. Do we regulate that he received each one of those agencies' permits for the use? JOEL PAULSON: If you want to explicitly add that, that could be a Condition of Approval that adds that prior to operation the required local and state agencies have signed off on the operation. CHAIR BURCH: Okay. And then one other question, if you guys don't mind, because something you said brought up a question for maybe you, maybe part Staff. All knowing how busy that corner is, has the fire department reviewed this? What would we do on that corner in the situation of a fire because of the traffic situation there? JOEL PAULSON: Ms. Puga can answer that. JOCELYN PUGA: The Santa Clara Fire representative, Doug Harding, did review the application. I don't believe he looked at it from a safety perspective; he was more looking at the interior space of where hazardous materials were going to be stored, and then referring Mr. Nishita to the hazmat division regarding the spray booth. CHAIR BURCH: But there was no comment about what a fire truck would do in the situation of a fire in that space? JOCELYN PUGA: There was not. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 1.21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BURCH: Okay. All right, does anyone have any questions? Commissioner Kane. COMMISSIONER KANE: In responding to the Commissioner's question about emissions you said it was your understanding that such - and -such took place. Have you operated one of these before? GARY NISHITA: I have not. COMMISSIONER KANE: Is it a one - person job? GARY NISHITA: To operate, yes. It's not very complicated. There's one switch for off and on, to start the machine and shut it off. COMMISSIONER KANE: So you haven't used one of these before? GARY NISHITA: I've seen it in use at a trade show. COMMISSIONER KANE: I'm saying again, if you need help with it, you can't have it the way this thing is written. And your letter says highly skilled technicians, plural. I think there is a disconnect between what is written here and what you think maybe can take place, and some of that has to be worked out. GARY NISHITA: Right, and I understand that. And when I said that, I was talking more along the lines of myself, because I am a technician from being in business. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER KANE: And that would be technician. CHAIR BURCH: Unless we have some other questions, I'm not going to close the public portion, because I think you need to be part of this conversation. But I do think there is some dialogue we need to have with Staff, because I also think on the Applicant's side, as we set up a CUP with wording, we certainly never want to set someone up to fail. We would hope that you're very busy and profitable if this works, and he needs someone to handle insurance. The last thing we want to do is set this up where he's completely unable to do that, so I think if the understanding of Staff is one employee is one person, not you plus somebody else, I think that's some conversation we need to have. And how would that work with parking? How do we make changes to this to make this work? JOEL PAULSON: It is one employee, and that would be the Applicant, Mr. Nishita. If he feels he's going to need additional subcontractors onsite, additional technicians onsite, whether that's one or two, then the CUP would have to be modified. So we would have to work with him to provide additional onsite parking for that option, and then realize the floor plan and make those modifications. So that's something that we would have to LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 63 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work with Mr. Nishita on and then bring something back for the Commission's consideration. CHAIR BURCH: I think the second item on the CUP that one of my fellow commissioners brought up is this idea of what customer parking is. Is customer parking where somebody is coming in and getting an estimate and then leaving, or is customer parking somebody has come to you, said I want you to do this work, and their car is going to sit there for three days? I think we need to understand Staff's interpretation of that versus what you may be thinking. JOCELYN PUGA: The customer parking, the intent was not to limit him to only one vehicle being worked on at one time. If the Commission would like to change that condition, the language of that to read differently, they may choose to do so, but that was not the intent of the condition. JOEL PAULSON: I would also offer that the way the condition is worded, it says that they be kept free at all times, so we wouldn't anticipate storage of vehicles for long periods of time in those spaces so that customers could come in and out, should someone drop in. CHAIR BURCH: Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I really am confused by both answers. My understanding is that the three parking spots are three parking sports. They're not additional storage spots if you have more than one car at a time to repair, which is what this permit says he can have. His understanding, which could be reasonable if other language had been used, would be that you can use one or more of those three spaces to put a car that you're working on in that space, which means then you'd have two, or one, or no customer parking spots. Is it clear, in your mind at least, that the intention of the permit is that those three spaces are not used for the storage of automobiles that are being worked on? JOEL PAULSON: I'll just read it: "There shall be no double parking of vehicles. Three customer spaces shall be accessible at all times per plans dated April 8, 2015." COMMISSIONER O'DONNELL: I still don't know what that means, three customer spaces. If I bring my car in and you're going to repair it and it sits there for a week, one, I'm a customer, two, I've got my car parked there, three, you're working on it. That next guy comes in and wants to get some work, he can't park there. So when we say customer parking spaces, I take a parking space to be LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different than a storage space, and I don't know what your answer is. JOEL PAULSON: We can add clarification to not allow storage of vehicles in those spaces. COMMISSIONER O'DONNELL: Forget that for the moment. What was your intent here? LAUREL PREVETTI: The intent, Commissioner, is to make sure we meet the code's parking requirements so a customer could park there and then leave. So if the car is there, there's a quick estimate, the car leaves, another customer could come in. It is not intended for any vehicle storage at all. COMMISSIONER O'DONNELL: That's what I thought it meant. LAUREL PREVETTI requirements in the code. It's to comply with parking COMMISSIONER O'DONNELL: Fine. Thank you. CHAIR BURCH: Commissioner Badame. VICE CHAIR BADAME: So would a delivery vehicle be considered a customer for customer parking, if a delivery vehicle is coming and can park in the designated spots, they offload their stuff and they leave? Obviously given the size of the parking spaces, that's going to constrain the size of the delivery trucks. There would not LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be allowance for outside deliveries in a red parking zone. They would not be allowed to double park either inside the structure or on the street. VICE CHAIR BADAME: Thank you, Ms. Prevetti. CHAIR BURCH: Commissioner Talesfore. COMMISSIONER TALESFORE: I wanted to clarify the accessibility for Condition 7, which is the front coiling door along University shall remain open during the approved business hours. Remind me exactly why that door has to remain open. JOCELYN PUGA: That is the way vehicles will access the space. Otherwise, with that door closed a vehicle wouldn't be able to enter the space; the coiling door is how that happens. COMMISSIONER TALESFORE: Okay. I thought it was also for ventilation. Wasn't it also for ventilation? Did I not read that in here? JOCELYN PUGA: It may also be applied towards the ventilation for the spray booth. COMMISSIONER TALESFORE: Thank you. CHAIR BURCH: Commissioner Erekson. CHARLES EREKSON: This is to the Chair. Is it still okay to ask the Applicant a question? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 1711 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BURCH: That's why I didn't close it. I think with some of the CUP I have a couple questions for aim too, so that's why I haven't closed the public portion. CHARLES EREKSON: For the moment, and don't get too hung up on the numbers, if I look at the present plan there are five potential locations to work on a car, store a car, park however many employees there are, and let me come in, let you give me an estimate on my car, and then leave. So there are five potential places to accomplish all of those things. I'm not presuming that I think this is the right approach, and I wouldn't ever presume that anything I would suggest would be agreed to by any other Commissioner, so if in fact a condition were imposed that would restrict the number of vehicles that could either be worked on at a moment and /or be stored there, and for the sake of argument for the moment —and I'm not suggesting that this would be the case —that that were two, does that kind of condition work for you? Does that cut your business down? It can't be five; we know it can't be five. It could be no more than four. I might argue you've got to have at least one place for me to come in to let you give me an estimate, so at some point it may be... So, you understand what I'm getting at? I'm trying to help solve the problem that people are having, LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue MM 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 but also find out from you... I mean I don't know your business. I don't know. You tell me. What sorts of conditions on the type of uses of those five spaces could be imposed that would still make it a doable, feasible business per your perspective? Can you help at least me understand that? GARY NISHITA: I think the conditions that are set forth now in the recommendations are fine. I would like of course them to be modified in some way, if possible, but if not, it would work for me. Of course I would always want to be able to use any of those spaces as parking, whether it be a customer vehicle, delivery vehicle, my own vehicle, whatnot, because the repair bay is not always used. If I have no customers and I just want to park my own car there, I'd like the option to do that without violating the CUP conditions and have somebody come and report me. The same goes for friends stopping by as opposed to them parking on the street and taking up parking. Let them come in and park in the work bay or customer parking, even though I'm not working on their vehicle. CHARLES EREKSON: I have a follow up question to that. You said you're comfortable with the present language. Okay, let's assume that my interpretation of the Dresent language is this: One of the five locations that LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we're talking about for employees. One for working on a vehicle, whether it's a portable bay or a different kind of bay— that's something for someone who is more (inaudible) than me —and three customer parking places that cannot be used for the storage of any vehicle overnight. If that's the interpretation that one was to put on this language, does that work for you as a business? GARY NISHITA: I think with the exception of a customer vehicle not being able to be stored overnight. That's what any business... CHARLES EREKSON: So it doesn't then? That interpretation doesn't work for you? GARY NISHITA: That part of it wouldn't work for me. CHARLES EREKSON: Okay, so how many spaces do you need to have? That's what I was trying to get you to help us answer. So the answer is not zero. Is it one? Is it two? GARY NISHITA: Well, my interpretation is the customer parking is just that: it's customer parking. If it's a customer coming in, I'm working on their vehicle. I could put it back there when I'm done working on it and it could be there overnight till they pick it up. CHAIR BURCH: Can I interject here really quickly, if you don't mind? Can I ask Staff to step in on LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue [VLSI 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 this? It's my understanding that the interpretation of these parking spots, having one as storage, technically that is not a parking spot. This may be a moot point to be discussing. Can you clarify that, please? ROBERT SCHULTZ: Code requirement. JOEL PAULSON: The code requirement is three parking spaces. Currently they have four, and then they have the working bay. So technically they have one extra spot that could be used for vehicle storage. COMMISSIONER O'DONNELL: You've required one employee spot, right? JOEL PAULSON: One employee spot. COMMISSIONER O'DONNELL: Which is not a customer, so the four spots are spoken for, right? JOEL PAULSON: The Town Code, as stated in the Staff Report, requires two parking spaces for each working bay, which they have one. So that's the two, and one space for each employee. So their total required is three spaces. They currently have four spaces outside the working bay, so one of those spaces could be used for storage overnight. CHAIR BURCH: One of the three. JOEL PAULSON: One of the three, correct. CHAIR BURCH: Can I ask my fellow commissioners a question? It sounds like there are a couple of lines in the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 71 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CUP requirements that may not work for this business plan. I would guess that perhaps there's a further conversation that takes place between the Applicant and Staff, revising some of this wording, because I'm still very uncomfortable with the single employee also. I want to explain why we're bringing this up. You think this is hard? Getting a change to a CUP once it's established is incredibly difficult. We're in a sense here trying to help you, because I don't really want to see you back in a year saying this doesn't work. It will be very difficult. So I would like to ask my fellow commissioners if you agree, and that we continue it. Commissioner Hanssen had her hand up first, then Erekson, and then O'Donnell. COMMISSIONER HANSSEN: Just to respond to your statement, I tend to agree. I think that some work needs to be done to make the reality of the CUP mesh with the reality of what he's thinking in terms of his plan as we're hearing it. And there is another issue that I feel like I have to bring up that didn't come up when we were hearing the public testimony. I'm looking at those drawings, and this is a lot of chemicals and paints and everything, and the customer parking is embedded into the back of the LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 72 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2s building. I, myself, took my car to a body shop within the last year to get work done. I was not allowed to set foot anywhere inside the shop. I was allowed to go in the office where they had staff and they wrote the estimate, but I wasn't allowed anywhere near the paint or on the floor with stuff. I don't see how this can work and keep people safe from the chemicals. And if there is a way to do it, I'd want to see a lot more detail about it. CHARLES EREKSON: I'm sympathetic to the Chair's perspective, with one exception. I don't think it's within the province of the Commission to dictate to a business owner how many employees he or she has in their business. If they think they can run their business with one employee, or if they need ten employees, or they need two employees, that's really their business. Once they determine how many employees that they would need, the Town then imposes its jurisdiction on that business to meet certain requirements that are dictated by the number of employees. But for the Commission suggest that we don't think he can run his business with only one employee seems like to me to be beyond the jurisdiction of the Planning Commission. CHAIR BURCH: Commissioner O'Donnell. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 73 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 COMMISSIONER O'DONNELL: I don't believe that continuing this matter will help the matter. I think the property is too small. I think the plan in any way, shape, or form doesn't work. I think the danger with the street access is... You could put a horn like they do in some parking lots, but I don't know why... We're supposed to make the Conditional Use Permit requirements, a lot different than simply issuing a permit. I couldn't make those requirements. There are four requirements; I couldn't make at least three of them. I'm not trying to put anybody out of business. On the other hand, you talk about how hard it would be to get a modified use permit, I will tell you that in this town at the moment there are many use permits that are not being observed, and that's because we don't have enough enforcement staff. So I don't want to issue a permit, because maybe someday he'll come in and say well I'm not doing what you told me. So what I've heard tonight is yes, there is a missed opportunity to understand what the other side is saying, but even if one understands it, I don't see how you run the business. The location isn't good. The size of the location isn't good. Access is terrible. The plan he's submitted, I think it's correct when you say what do you do about the chemicals? LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 74 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 And we're not the ones that said he should have one employee, I think. He said that. And then we said well, what does that mean, and he said well, that's me. But then he says well, you have subcontractors come in. The whole thing has been at a minimum, confusing. And I would say fine, we could try to straighten out the confusion, but I don't see how anybody can believe that you could put this facility in this spot, with it's problems, any way shape or form, and approve it. So I would oppose a continuance. I would rather have a straight up and down motion tonight. CHAIR BURCH: Okay, then I'm going to pause this right now. I'm going to close the public portion of the hearing, because now we're moving away from anything that has dialogue. So I'm going to thank you very much. So the public portion is closed. We've had some dialogue here. I would like to ask, based on what we just heard, would anyone like to venture a motion, and then we can have some further discussion? Go for it, Tom. COMMISSIONER O'DONNELL: I would move that we deny the Conditional Use Permit application. The conditional use requires four findings, which are set forth in Exhibit 2. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 75 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 One is that, "The proposed use of the property is essentially desirable to the public convenience or welfare," because the use would provide an auto repair and paint service. well, obviously simply providing an auto repair and paint service is not a public convenience if it's the wrong location, and I believe that this is the wrong location, and the wrong size and access, so I don't think we can satisfy one. Two, "The proposed use will not impair the integrity and character of the zone." I think it will cause a density of these facilities within essentially a one- block area, and I don't think that's consistent with the integrity and character of the zone. Three, "The proposed use would not be detrimental to public health, safety, or general welfare." I think we talked over and over again about the difficulty of parking, access by tow trucks, and I would hazard to guess access by the fire department. So I don't think we can satisfy three. And then it says, "The proposed use of the property is in harmony with the various elements or objectives of the General Plan or the purpose of the Town Code," and I don't see how that could possibly be with the plan as it presently is stated. So that's the motion. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue rc. 1 2 3 4 S 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 CHAIR BURCH: All right, thank you, Commissioner O'Donnell. Do we have a second, questions, or comments? Commissioner Talesfore. COMMISSIONER TALESFORE: I will second that. I don't want to repeat everything that's been said tonight. You did a great job, thank you, everybody that talked. I had problems with all of it, just all of it, but let me highlight some of the things I made notes of. First of all, I believe we already have seven auto body shops in that area. Adding another one, I don't know that we need anymore. How is that desirable here? It would add much more intensity than we need to a storefront that is... I don't even know how you would make a right hand turn into that driveway. You would have to make a wide... I mean you'd have to get way over on the line to get into that door. I was bothered by the fact of mounting mirrors, because we didn't know if they were going to be inside or outside. I don't think we want to put mirrors on the outside of that area. Quite honestly, University is starting to spiff itself up a lot, and that particular building I was surprised looked as nice as it did. Actually for me, I think there is a high probability that if it remains with the designation it has now that it might LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue 77 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 attract perhaps another type of service. I don't want to be putting in another CUP with an auto body when maybe we could have, I don't know, a carpet store, or a parts store, or a painting service. I mean there are lots of other types of businesses that I think would be appropriate there for all the reasons that were mentioned. And I had the problems with Conditions 4, 7, and 0 Yeah, and the garage door open all the time. What kind of an answer is that for noise, and also the visual image of it, as well as the ventilation and safety for people on the sidewalk? And we heard tonight that insurance companies don't let you walk into body shops, and we all know that. So that's why I'm seconding this motion. CHAIR BURCH: All right, any other comments? All in favor of the motion, say aye. Motion passes unanimously. Mr. Paulson, are there any appeal rights? JOEL PAULSON: There are appeal rights. Anyone who is not satisfied with the decision of the Planning Commission can appeal that decision to the Town Council. Forms are available in the Clerk's Office. There's a fee for filing the appeal, and the appeal must be filed within ten days. LOS GATOS PLANNING COMMISSION 6/10/2015 Item #2, 657 University Avenue m PROJECT/ APPLICATION NO: CrNOtTT0tQAL { T ll -] U 3 ADDRESS LOCATION: C AY�Slt TTC P ii Ctoae Pursuant to the Town Code, the Town Council way only b5 an apps Council finds that one of three (3) reasons exist for granting the a appeal of a Planning Commission a () decision in most matters if the please s B ag appeal by a vote of at least three (3) Council members. Therefore, pacify how one of those reasons exists in the appeal: I . The Planning Commission erred or abused its discretion because i) L G A� S(:-6 • �C 1 41 _ OR 2. There is new information that was not reasonably available at the time of the Planning Commission decision, which is Pi r(lec »" —. _ .N_ (please attach the new information if possible): OR 3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town IMPORTANT: IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDFTIONALSHEETS. I . Appellant is responsible for fees for transcription of admites. A $506.00 deposit is reired al the time of riling. 2. Appeal most be filed within ten (10) calendar days of Planning Canto salon Decision acco qumpanied the required filing fee. Deadline is 5:00 p.m. on the 10 day following the decision. If the 10 day is a Saturday, Sunday, or Town holiday, then it may be filed on the "e dsy immediately following the 106 day, usually a Monday. 3, The Town Clerk will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No. 1967) 4, An appeal regarding a Change of Zone application or a subdivision map ont y must be filets within the time limit specified in the Zoning or Subdivision Code, as applicable, which is different from other appeals. 5. Once filed, the appeal will be heard by the Town Council. 6. If the reason for granting an appeal is the receipt of new information, the application will usuatly be returned to the Planning T. Commission for reconsideration: PRINT NAME: SIGNATURE:'%2— DATE: rv. iq j 7ntS ADDRESS: c .. Si'r ittFP iTytUr i� PHONE: all TCr- y * ** OFFICIAL USE ONLY « ** DATE OF PUBLIC HEARING: v j q CONFIRIdATION LETTER SENT: Date: Pending Planning Departmeat Confirmation TO APPLICANT & APPELLANT BY: DATE TO SEND PUBLICATION. DATE OF PUBLICATION: ATTACHMENT 3 1. The Planning Commission erred or abused Its discretion because: 2. Commissioner O'Donnell filed a motion for my CUP to be denied based on his opinions that the size isn't good, location isn't good. Mr. O'Donnell is entitled to his opinion, but to deny my CUP based on opinion is an abuse of his discretion. He also stated that he did not want to issue my CUP because as he stated "I don't want to issue a permit because maybe someday he'll come in and say, I'm not doing what you told me ". That statement alone is an assumption on his part and not factual and shows him being bias before giving me the opportunity. He also stated he doesn't see how I can run the business. Mr. O'Donnell is not a small business owner and again, is making assumptions. 3. Commissioner Kane stated there were numerous random traffic accidents at the corner of University Avenue /Blossom Hill Road. Just because there are accidents at that corner, does not mean that the issuance of my CUP would be the cause of increased traffic accidents. There has never been a traffic or pedestrian accident from vehicles driving in or out of the address location per Jesse Pu who conducted a traffic impact report prior to me submitting my CUP application. He stated that he was concerned about putting a body shop in the middle of 5 others. For the record, there are only 4 on University Avenue and I would be the 5v'. He compared it to putting "a burger joint next to 9 others and stated it was something only seen in mad magazine, He failed to acknowledge that on Los Gatos Boulevard there are 4 so called "burger joints ", McDonald's, Jack in the Box, Classic Burger and Happy Hound. He also, fails to acknowledge that there are a dozen coffee shops 3 of which are located at the corner of Blossom Hill Road /Los Gatos Boulevard (not including, Whole Foods & Noah's Bagels which both have a dedicated section to serving coffee). He also fails to acknowledge that there are 30 or more hair salons in the town of Los Gatos. According to the Town of Los Gatos website, population in 2010 was approximately 30,000 which is 1 hair salon per 1,000 residents, so why would 7 auto body shops be too much? it would equate to 4,285 residents per 1 auto body shop. After making that statement, he had to be reminded by someone on the planning commission that it is not part of the criteria for deciding the CUP. He stated he tried to enter the space but the door was locked. l don't see how this statement had any relevance to my CUP application. I am not opened for business, so of course the door would be locked. He stated it would be helpful had he been able to view the space. He was told by someone on the panel that something could be set up for him if the matter was continued. He stated why I would allow an employee to work without myself being present in the building. This should not be a concern to him since it is not his job nor anywhere in the town code, local, state, county or federal law that states I cannot leave an employee by themselves to work. It is done all the time in numerous businesses including the Apple store located in downtown Los - Gatos. The shareholders that own Apple are not present while the store is open watching the employees, so why should I be required? 4. Chair Woman Burch stated she was uncomfortable with a single employee, It is not uncommon for small businesses starting out to have only a single employee (owner). Again, how I operate my business is not part of the criteria for my CUP application. Take for example, Apple Computer, it was started out of a home garage by the two founders. 5. Commissioner Hanssen stated she had concerns regarding the chemical fumes and how chemicals are stored. This was never a concern when the Planning Department met with the Planning Commission, nor was I given an opportunity to speak on that issue. I can easily explain how these chemicals are stored, but the final determination is up to the Fire Department's Hazmat division. My Insurance company, nor do any state agencies have a problem with the public being in or around the businesses hazardous materials providing they are properly stored. 6. Commissioner TalesFore stated her reasons for seconding the motion for denial was because it adds more intensity then we need, you would not be able to make right turns into the building, bothered by the fact of adding mirrors, doesn't want to add mirrors to the outside of the building, to her a high probability that the location might attract another type of service and doesn't want to put in another CUP with an auto body shop when maybe we can have a carpet store, parts store or a painting service or other types of businesses that would be appropriate there. Per Jesse Pu who conducted the traffic impact report, he stated that the building would benefit by adding traffic safety control devices for vehicles leaving the building that included safety mirrors, a flashing type of light and an alarm notification as a warning to pedestrians walking by and passing vehicles that a vehicle is exiting the building. He also stated that, even though there is no impact on traffic, any business that occupies the building would have the same safety concerns for vehicles leaving thru the garage door. The intensity of the area would be impacted with any business going into the location. With the type of uses she would like to see, it would intensify more because it would be retail. One of her own statements stated a painting service would be appropriate there. Isn't an auto body shop a painting service? We paint cars and body panels. Second, right turns can be made into the building without going into the opposite traffic lanes depending on the type vehicle. I was able to turn into the building with multiple vehicles including a full size 7 Series BMW sedan, mid -size Toyota Camry sedan, Chevy Pickup truck and Toyota Tacoma without going into opposite traffic lanes. To appease the council, I'm willing to have a sign that states only a right turn can be made upon exiting the building. Third, she stated "Insurance companies don't allow customers in the shop area and we know that". That is a false statement and she is going off the statement by Mr_ Fowler owner of Preferred Image. His building layout and mine are totally different and my insurance does allow customers in the shop floor area. I was never asked this question, nor was I ever given an opportunity to respond. 7. Commissioner Ereckson reminded everyone that it's not up to the commission to dictate how many employees I have or how to run my business and stated it's beyond their jurisdiction. Certain members of the commission were basing their decisions based on personal preference or belief and not factual evidence, town codes or law. I believe they abused their discretion and erred by denying my CUP application without allowing me an opportunity to address their concerns and provide evidence to the contrary. M # was not reasonably available •Planning decisio n, which is: 1. How the Fire Department would park to put out a fire. I spoke to Michael Benjamin with the Santa Clara County Fire Department's Hazmat Division after the hearing. He stated that there is a red painted fire lane directly in front of the building and that if there were a fire, they can put out the fire from 4 different locations of the building. They stated there would be no parking issue for them because they are going to park wherever they feel is appropriate and shut down the street as they would do in the event of any fire on University Avenue or anywhere else. He also stated that they would not drive the fire truck into the building whatsoever nor enter the building unless they had to rescue someone that was trapped inside. This concern was never expressed to me prior to the hearing and it was impossible for me to appropriately comment on this, nor was it brought to the attention of the assistant planner, Jocelyn Puga. 2. Regarding customer parking and storing the vehicles. I found there is no town code stating there are time requirements for customer parking at the business location. I am not storing vehicle for customers as a tow yard would. I only store a customer vehicle in accordance with the repair which is common practice with any automotive repair facility. 3. 1 was never informed that there was a concern about walk in customers prior to the hearing. I have re- worked my plan to be an appointment only business. This will allow me to curtail the influx of traffic and the amount of business I can handle due to availability. 4. Exit of the property. I was never informed of the concern prior to the hearing with regards to the safety. If I had known this was going to be a major issue of concern, I would have had photographs of the area, the traffic safety devices and a plan on how to implement it all. 5. How hazardous materials would be stored. I was never informed that this was a concern prior to the hearing. If I had, I would have brought photographs of the storage equipment, how it works, and the location of the hazardous storage cabinets. Regardless of where I would like to put them, the overall approval and location determination is with Santa Clara County Fire Department's Hazmat Division. b. Insurance not allowing customers in the shop area. I was never informed about this concern prior to the hearing. If I had known about this issue, I would have brought a letter from my insurance broker stating just the opposite along with a copy of an insurance policy stating it would be ok to have customers on the shop floor. All of these issues could have been addressed if the matter had been continued as Chairwoman Burch had originally mentioned doing. I could have submitted the documentation as evidence to the planning department prior to the continued hearing and or submitted them at the next hearing date had I been given a fair opportunity to do so. BRUCE TICHININ, INC. Bruce Tichinin Attorney At Law 17150 Wedgewood Avenue Los Gatos, California 95032 Telephone: (408) 429-8415 E-mail: tilghinin@garlic.com Web: www.brucetichininlaw.com July 21, 2015 VIA EMAIL ONLY: ipuga@losgatosca.gov Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos RE: Appeal of Planning Commission Decision - June 10, 2015 Conditional Use Permit U-15-001 Location: 657 University Ave. Applicant: Gary Nishita Dear Ms. Puga: Kindly be advised that my office represents Gary Nishita, the applicant in the above matter. Would you please be so kind as to copy me on your future written communications with Mr. Nishita? Please allow me to take this opportunity to supplement the responses of Mr. Nishita to the helpful inquiries in your two emails to him of July 15th & 17th 1. Safety and Treatment of Hazardous Materials RECEIVED JUL 2 1 2015 TOWN OF LOS GATOS PLANNING DIVISION ATTACHMENT 4 Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 2 of 19 Please correct me immediately if I am wrong (with citation to the authority relied on), but it is my understanding that the Town of Los Gatos ( "Town") does not claim that any specific provision of the Town of Los Gatos Town Code ("Town Code "), or of state or federal law, burdens it with a duty to, nor confers authority upon it to, regulate use of the materials Mr. Nishita will employ in his auto body shop business, including any hazardous materials. Accordingly, when granting or denying a Conditional Use Permit ( "CUP"), the duty of the Planning Commission (and the Town Council on appeal), to find whether "[the proposed uses would not be detrimental to the public health ... [or) safety..." (Town Code §2920.190 (a) (3)) neither requires nor allows either such deciding body to do more than satisfy itself that governmental agency that does lawfully bear that burden and exercise that authority has determined that the use of materials proposed meets, or does not meet, the agency's requirements. Here, that governmental agency is the Hazmat Division of the Santa Clara County Fire Department, represented by Michael Benjamin, who is expected to present a letter stating that Mr. Nishita's operations will meet its requirements. 2. "Employees " "Subcontractors," "Storage" & The Parldne Spaces Reauired. A. Employees and Subcontractors Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 3 of 19 Mr. Nishita stated at the Planning Commission hearing that he intended to be the single employee for whom an "Employee Parking" space is shown on the plans. He also stated that from time to time "subcontractors" would come into the shop to do the work that required their expertise. The question arose whether this occasional subcontractor presence would or would not require a second "employee" parking space. The Town Code defines 'Aamber ofenrplot ees "as "the largest number ofpersorrs 9101*ingin direct connection Y ith the business durinPanvshift." (Underlining added.) The Town Code requires "one (1) parlring space for each enrplotee "for an auto body shop (Town Code §29.10J50 (c)). Accordingly, to meet Town Code requirements, a second "Employee Parking" space must be provided for in the plan. IC • .. The proposed Conditions of Approval before the Planning Commission, provided in relevant part: `'S. PARKING: "Three customer parlring spaces shall be accessible at all tines, per the plans dated April S 2015. ' The Planning Commission hearing was marked by considerable confusion and conflict of opinion on the part of the Applicant, the Commissioners, and Staff regarding the meaning of this language and the consequent allowable uses of the four (4) parking spaces provided on the plans. (See the Transcript, pages 7.4, 25.26. 64-66. and 70-71.) Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 4 of 19 Everyone will agree that the "parking condition" required in the CUP= (1) must not be irrational, and (2) must fulfill the intent of the Town Code. The Town Code states the following intent: 'Ya) Intent. The regulations contained in this section are intended to ensure the provision of sufficient numberofoff -streetparkingspaces pivateIV and publicly oarned and operated to satisfy needs generated by Permissible uses.' (Town Code §29.10 .150 (a), all emphasis added.) The phrasing in the current CUP "Parking Condition' (No. S. above), requires the three customer parking spaces shown on the plan be `accessible at all times." If taken literallv, this is both= (1) manifestly irrational - because once a space parked in, no matter how briefly, it is for that period of time, not accessible, and (2) contrary to the intent of the Town Code - because, not being "parkable," it cannot `:satisfy [parking] needs generated by permissible uses. " For these reasons, it is equally manifest that the literal interpretation of the language employed - `accessible at all times'- was not intended by the drafter of the language. Though other interpretations of the meaning of the language employed were offered by various persons in the several Transcript passages cited above, the final interpretation offered by Staff as being the interpretation intended "to comply n th pai ingrequirenzents in the Town Code, "was one that allows for the three "customer" parking spaces depicted on the plan to usable and unusable as follows: Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 5 of 19 " SIo n eustomer could park there and then lea ve. So if the car is there, there's a quick estimate. the car leaves, another customer could cone in. It is not intended for any vehicle storage at all," (Transcript, page 66.) This interpretation is rational, and is appropriate for the `needs generated "by certain types of 'l.)ernissible uses "cited in the Town Code (for example, retail stores, which involve only 'quick "sales transactions), but it fails, to meet the intent of the Town Code for all the parking "needs generated "by the subject permissible use "involved here, i.e. an auto body shop, which is a form of auto repair business; and for which the Town Code provides the following parking requirements: "(14) Service stations and auto repair and auto service businesses Two (2) paring spaces for• each grease r ack or working bay? ,plus one (1) paring space for each emplOee. " (Town Code §29.10.150 (c), bolding added.) It is certainly true that one of the two parking `needs generated" by an auto body shop is parking for the "quick estimate." But, it is universally known that the second parking "need generated" by an body shop is for storage of cars being repaired for as long as it takes to the complete the repair. So, the intent of the Town Code is to accommodate both of these parking `needs generated "by the `' permissible use "of a body shop - quick Parkin e to obtain an estimate, and stora e1)arking while the car is being repaired. Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 6 of 19 C. Resolution. The parking requirements of the Town Code can be complied with for this CUP by substituting the following language for the existing, above- quoted Condition 8: "8. F.MU]VG. ,r "x" For the four (4) parking spaces showy on the plans dated April 8, 2015' o Two (2) parking spaces shall be used either for customer administrative needs. such as obtains g estimates, orfor storage of cars being repaired • One (1) par Icing space shall be used only for employee parking. " • One (1) parking space shall be used for er22ployee parking by subcontractors when they are on-site worlcingin direct connection with the business, and at other times shall be used either for customer adruinistra tine needs or storage of cars being repaired " S. Inapplicability of Town Code's "Return to Planning Commission" Policy. Your July 17 email notes the potential applicability of the following provision of the Town Code: If the only or predominant reason for modiAling or reversing the decision of the Planning Commission is the availability of new information as defined in subsection (b) (2) above. it is the policy of the Town that the application will be returned to the Coinrnission for review in light of the new• Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 7 of 19 infoinlation unless the new information has minimal effect on the application. ' (Town Code §29.20.300) The cited definition of "new information" is: "The neu, information that Tv as submitted to the Council during the appeal process... was not readil. and reasonably available for submission to the Commission. " (Town Code §29.20.300 (b)(2)) This "return policy" is inapplicable to this appeal because, while some of the new information submitted to the Council during this appeal process was not readily and reasonably available for submission to the Commission at its hearing. the predominant reason for reversing the Commission is that its refusal to grant Mr. Nishita a continuance to develop and present the new information, was an abuse of discretion because it denied Mr. Nishita his due process right to present evidence. And, the prejudicial comments of the Commission made to justify refusing a continuance deprive the Commission of the due process-required appearance of impartiality - such that returning the application to it for rehearing would also be a deprivation of due process of law. Because they are adjudicatory in nature, conditional use permit proceedings require due process of law. (Horn v. County of Ventura (1979) 24 Ca1.3d 605, 613-614). Denial of due process of law is an "abuse of discretion' such as justifies reversal of a Planning Commission decision on appeal by the Council under Town Code §29.20.300 (b) (1), because Whuse of discretion is Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 8 of 19 established if the respondent has not proceeded in the manner required bi, lass,[) "(Code of Civil Procedure §1094.6 (b)). Two elements of due process of law are (1) the right to present evidence before (2) an impartial tribunal= ._ appellant is entitled to.., a full and fair bearing before an impartial tribunal, with full and completeright to present evidence ... [andJ [uJnless such right is available... the... [proceeding] is -ould tiolate due process and thus be unconstitutional." Alta-Dena Dairy v County of San Diego (1979) 271 Cal.App.2d 66, 77, bolding added. To her credit., the Chair of the Planning Commission sought support from her fellow Commissioners for a continuance ( `So I would like to ask rnY fellow commissioners if you agree. and that we continue it -Transcript, 7212- 14) to allow "a further conversation that takes place between the Applicant and Staff, renisingsome of'this wording" (Transcript, 722-4) where "[Vt sounds Alre there are couple of lines in the CUP req uirem en ts that marmot work for this business plan. `(Transcript, 71= 25-721) But this due process-compliant approach was quickly upended by a Commissioner who instead made a motion to deny the CUP outright at that point (Transcript, 7521.25), which the Commission then proceeded to adopt. unanimously (Transcript; 78= 16-17), thus denying Mr. Nishita his due process Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 9 of 19 right to presentt the application-saving new information in this letter and in his notice of appeal filing. Moreover, the preiudicial remarks made to,justif�- the motion • followed by its unanimous adoption by the entire Commission - eliminate the appearance of impartiality on the part of the Commission, something which the case law quoted above shows is a required element of due process of law just as is the right to present evidence. This makes it necessary for the Council to hear the appeal itself, in order to avoid appearing to deprive Mr. Nishita of his right to be heard by an impartial tribunal: So what I've heard tonight is -es, there is a missed opportunity to understand what the other side is sating but even if'one understands it. I don't see how you run the business. "(Transcript, 74:19-23) `And I would say fine, we could try- to straighten out the confusion. but I don't see how an yhody can believe that. ou could put this facility in this spot. with its problems, any way shape or form. and approve it. So I would oppose a continuance. I would rather hay >e a straight up- and-doWn motion tonight.'(Transcript, 75 :6-12) These comments, used to successfully prevent a continuance to allow new evidence to be heard, reflect a mindset ouite firmly, closed to giving any credit to that new evidence - the exact opposite of the open mind that is the hallmark of impartiality. To return these proceedings to a tribunal that unanimously adopted the motion to deny the continuance which was thusly justified, would deprive the proceedings of the appearance of being heard by Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 10 of 19 an impartial tribunal, as is required by due process. Accordingly, I respectfully believe it becomes the duty- of the Council not to apply the §29.20.300 "return policy," but to hear itself the new information on appeal and decide the matter. 4. Errors of the Planning Commission. A. Alleged "Wrong Location, Size and Access." The Commissioner who made the motion to deny the CUP opined that the required finding that "the proposed use of the property is essential and desirable to the public convenience or welfare" could not be made because the auto body shop use "is not a public convenience if it's the wronglocation, and I believe that this is the wronglocation, and the wrong size and access, so I don't think we can satisfy this one." (Transcript, 761.9). This finding is error or an abuse of discretion because it is simply not sported by substantial evidence in light of the whole record (Code of Civil Procedure §1094.5 (b) and W. That is, the Commissioner offered no evidence, reason or explanation at all as to what made the location allegedly "wrong," even though it is located within a zoning district that allows very use applied for upon issuance of a conditional use permit. Likewise, the Commissioner offered no evidence, reason or explanation at all as to what made the size allegedly "wrong," despite plans showing sufficient size to provide the working bay required for the body shop use while meeting Town Code off-street parking requirements for such a use. And finally, the Commissioner offered no evidence, reason or explanation at all as to what Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 11 of 19 made the access allegedly "wrong," despite the fact that, to meet Town Code requirements for off-street parking, anv and every use proposed at that building space (657 University Avenue), which has no front, back or side yard, will have to take access exactly as this CUP application proposes, i.e. through entry to parking spaces inside the building by: (1) turning right, off the street, (2) crossing over the sidewalk, and (3) entering the building through an open roll-up door. Such access is admittedly more burdensome than access to commercial establishments that have outdoor off-street parking. But to deny a use that is legally permitted by the applicable zoning and other regulations on the grounds of such an unavoidable burden that is created solely by the need to meet municipal regulatory requirements (i.e., for off-street parking) and that therefore will attend every use that may be proposed at the site, is to court liability for inverse condemnation if all proposed uses at the site are turned down on that grounds, and is to court liability for denial of equal protection if a different use at the site is later approved despite having the same burdensome access issue. B. Alleged "Impairment of the Integrity and Character of the Zone." The same Commissioner also opined that the required finding that "Alhe proposed use will not impair the integrity and character of the zone, " could not be made because another body shop "will cause a density of these facilities within essentially a one-block area, and I don't think that's consistentrvith theintegrityandeharactez- of the zone. "(Transcript, 769-14) Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 12 of 19 While the statement that another body shop will cause a density of such facilities within essentially a one-block area is factually correct and supported by substantial evidence in the record, the legal conclusion that the Commissioner draws from the fact, i.e. that an increased density of the same kind of facility is inconsistent with, or will impair, the integrity and character of the zone where such density occurs is manifestly erroneous. The legal conclusion that must be drawn is actually very opposite of what the Commissioner proposes. That is, the "integrity and character of [a] zone" is enhanced, not impaired, when another instance of a use of which there are already several instances close at hand occurs. The verity of this is widely known. It is conventional wisdom that the greater the number and concentration of a given type of commercial use in an area, the better it is for the business of each such use, i.e. restaurants do better when they are in a "restaurant row" than when they are isolated. C. Alleged "Detriment to Public Health Safety or General Welfare." The same Commissioner also opined that the required finding that "Alhe proposed use will not be detrimental to the public health, safety, or general welfare, "could not be made because "we talked over and over again about the difficulty ofparking access by tow trucks, and I would hazard to guess access by the fire department. So I don't think we can satisfy three." (Transcript, 7615-20) The `hazard to guess "remark about fire truck access is not only admitted speculation that is legally unfit to be the basis for any finding, but also clearly suggests a factual absurdity, i.e. that a fire truck must pull into a burning building to fight the fire. Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 13 of 19 And the finding that public safety allegedly would be detrimentally affected by the "diffi'culty ofpasking access by tow trucks" that will bring cars into the body shop for repair is not supported by substantial evidence in light of the whole record within the meaning of Code Of Civil Procedure §1094.5 (c). That is, such "difficulty" of parking access by tow trucks does not rise to a greater level of difficulty than is routinely and ubiquitously tolerated in modern society for delivery of goods in commerce by large transport vehicles. To park disabled vehicles in the shop that must be delivered to it by tow trucks, the tow trucks will have to pull forward of the always-open, roll- up entry door, and back up in a turning motion that delivers both the towed vehicle and the tow truck into the shop. This turning motion may cause the tow truck to partially cross the centerline of the street during the backing up. Cars on the street in both directions may be required to halt and "mark time" brie fly while the backing up completes. Irritating, but not by any means an unusual traffic experience, nor truly a detriment to public safety. D. Alleged "Lack of Harmony with the General Plan or Town Code." Finally, as to the required finding that "It/be proposed use of the property is in a harmony with the various elements or objectives of the General Plan or the purpose of the Town Code, "the Commissioner simply stated: 7 don't see how that could possibly be with the plan as it is presently stated." (Transcript, 7620-25). This statement by the Commissioner appears to propose that the conclusory, speculative personal opinion of a decision-maker, though entirely devoid of any substance, can stand as legally- sufficient substantial evidence Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 14 of 19 to support a legally-required finding in conditional use permit proceedings. Though the Commissioner perceives something substantive and ascertainable to measure consistency or the lack of it against, i.e. "the [CUP] plan as it is presently proposed, "he fails to state any specific factual aspect of the plan, or any specific element or objective of the General Plan or any specific purpose of the Town Code, or to articulate a line of reasoning by which a factual aspect of the CUP plan is exposed as inharmonious with the Town General Plan or the Town Code. Moreover, the conclusion of inconsistency is provably wrong. Mr. Nishita's business is consistent with at least the following General Plan policies. `LU-9.4 - .Encourage existing light industry and service commercial uses to remain or be replaced with similar uses. " The use history of the 657 University Avenue site is that the landlord first had an automotive mechanical business there, after that it housed another auto body shop, then another mechanical shop, then an automotive detail shop, and then the contractor's office and warehouse. `ZU -9.6 - Encourage development that maintains and expands resident-oriented services and/or creates employment opportunities forlocal residents consistent with overall land-use policies of the Town." Mr. Nishita's shop will expand resident-oriented auto body services. 'EU -9.8 - Retail sales tax 2ealcage'should be kept to a minimum by providing in-town convenience in comparative shopping opportunities." Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 15 of 19 Mr. Nishita's business would provide in-town convenience in comparative shopping opportunities by conveniently allowing Town residents to get another estimate for auto body repair work. E. Fear of Failure. A Commissioner queried whether it would be grounds for the Town to deny the application because of the possibility that Mr. Nishita's business might fail economically because of the challenges of (a) running a "one-man shop" business with (b) five (5) competing body shops located nearby. (Transcript, 13 :15.14:6). The City Attorney accurately pointed out that these were not legally-permissible grounds for denial of the permit. (Transcript, 14:6 -11) 5. Concerns of Competitors. Two owners of competing body shops in Los Gatos testified against the application. One of them frankly admitted: TM looking out for our business." Transcri t, 3724) Of its nature, such self-interested and anticompetitive testimony is entitled to be viewed skeptically by decision-makers charged with producing a result that serves the public interest, including the public interest in fostering competition for the benefit of consuming public. A. Insurability As previously noted, because the 657 University Avenue site is completely occupied by its building - without front, back or side yards - Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 16 of 19 meeting the Town Code requirement for off-street parking spaces requires those parking spaces to be placed inside the building. Competitor Gary Fowler (owner of the immediately-next-door The Preferred Image body shop) incorrectly suggested that this Town requirement would make Mr. Nishita's operations uninsurable "COADESSIONER DANE: When you sayyou don't allow people to pull into your body shop and drive their cars back out, why is that ?Is there a legal restriction against that, or is itiust your policy? GARY FOWLER: It is a strict rule with my insurance company that no customers are allowed in the body shop area." (Transcript, 4719.25) Nevertheless, this Town-imposed parking requirement does not prevent Mr. Nishita from being insured. Naturally, Mr. Nishita will not be allowing customers into the work station area either, but the fact that they must be inside the larger shop area does not prevent his operations from being insurable, as is shown by the following letter (attached as Exhibit 1) from his insurance agency: "July 20, 2015 Gary, Thank you for meeting with me regarding your Insurance for Bi-City Paint and Body. You mentioned that you had concerns on whether customers could be inside the work area ofyour business. While you explained that the Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 17 of 19 workstations were off-limits, the open area inside the body shop was being used for customers to pazlr and discuss vehicle estimates. Ireviewed this with our underwriter and if someone was to get injured and you are held liable, we would cover your claim. Please let me know iryou ha ve any other questions or concerns. I hope this helps! Kind Regards, Jerry Seagraves Seagraves Insurance" B. Modern Portable Spray Booth Though later stating that `2 do not know what a portable spray booth is," (Transcript, 398.10) and that he had yet to see one in use though he had been in the industry since 1976 (id.), competitor Dennis Gilman, a general manager at South Bay Auto Body, nevertheless professed to know enough about them to say that they were illegal: `A portable spray booth, we'd all put them in irthey were legal. I think that is something that needs to be seriouslylooked at before a Conditional Use Permit would be out there, because that is a primary area. " (Transcript, 3715-19) Permits to operate auto body spray booths are issued by both the Bay Area Air Quality Management District in San Francisco and Michael Benjamin of the Hazmat Division of the Santa Clara County Fire Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 18 of 19 Department. Both the District and Mr. Benjamin have stated to Mr. Nishita that they will permit the spray booth. Any uncertainty on this issue can and should be resolved simply by the Town making it a condition of the CUP that Nh-. Nishita obtain permits for his his spray booth fiom the District and the Hazmat Division. C. "Satellite Facility" & Tax Revenues Mr. Gilman had another concern: `My big concern is that in the same building there's another supposedly `satellite'bodyshop that they take all of the Los Gatos customers to San Jose, which they're building (sic - should be `Milling ") them out there. There's a new thing tha is going on in the industry. The have one building, one shop somewhere, and they're finding all the smal11ittle holes to fill in to gather customers, take them elsewhere to fix the cars is whatreallygoes on. So those tax dollars are going to Cupertino, they're going to San Jose, they're going wherever they're going. They're not staying here. That's a bigproblem forme." (Transcript, 42:1 -12) Mr. Nishita's shop will not be a "satellite facility," and he will pay sales taxes to the Town of Los Gatos for all work that his shop contracts. D. Credibility In introducing himself to the Planning Commission, competitor Gary Fowler falsely described himself as "super good friends with E'd Rhodas, "who Jocelyn Puga Assistant Planner Community Development Department Town of Los Gatos July 21, 2015 Page 19 of 19 is Mr. Nishita's landlord, and who used to be Mr. Fowler's landlord. The claim of friendship is false, as is shown in Mr. Rhoda's sworn declaration (attached as .Exhibit 2). Additionally, Mr. Fowler until recently was, and may still be, conducting his operations on expired permits. See Exhibit 3, attached, which shows that (1) As of 7/16/2015, his spray compressor permit with the State of California Department of Industrial Relations had expired nearly 2 years ago, on 8/11/2013, and (2) As of 07101/14, his spray booth Permit to Operate with the Bay Area Air Quality Management District had expired seven (7) weeks ago on Jun 1, 2015. For all the foregoing reasons, the Town Council should reverse the Planning Commission in this matter, because the Commission, in denying the CUP, erred and abused its discretion. Should you have any questions concerning the above, or any other matters relating to Mr. Nishita's appeal, please do not hesitate to contact me. 'e - tt""'v u-s, BRUCE CHIl,,?IN I .. C 1 2 3 4 S b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Law Offices of BRUCE TICHININ, INC. BRUCE TICHININ, SBN 52859 17150 Wedgewood Avenue Los Gatos, CA 95032 Telephone: (408) 429-8415 E-mail: tichinin@garlic.com Attorney for Applicant Gary Nishita BEFORE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS STATE OF CALIFORNIA IN THE MATTER OF THE APPEAL BY APPLICANT GARY NISHITA FR0M THE JUNE 10, 2015 DENIAL BY THE TOWN PLANNING COlt+MISSION OF HIS APPLICATION FOR A CONDITIONAL USE PERMIT AT 657 UNIVERSITY AVENUE. Application No. U-15.001 DECLARATION OF EDWARD L. RHODAS Date= August 4, 2015 Time: 7 :00 p.m. Place: Town Council Chambers 22 EDWARD L. RHODAS declares: 23 24 1. I am the owner of premises at 657 University Avenue, Los Gatos, 25 California, for which Applicant Gary Nishita is seeking a Conditional Use 26 Permit from the Town of Los Gatos to operate Bi-City Paint & Body, an 27 auto body shop. 28 2. I have leased those premises to Mr. Nishita. I am in complete and unreserved support of his application on this appeal. I requestt that the 1 Town Council reverse the decision of the Town Planning Commission 2 denying the application, and that the Council grant Air. Nishita the 3 Conditional Use Permit he seeks. 4 5 3. 1 am also the former owner of the next-door premises at 663 Industrial 6 Way, Los Gatos. California, which is the location of The Preferred Image, an auto body shop owned by Galy Fowler, who leased those premises from 7 me when I owned them. 8 9 4. After I leased the 657 University Avenue premises to Mr. Nishita, Mr. 10 Fowler called me and asked to lease those same 657 University Avenue 11 premises from me for an expanded auto body shop use. I told him that I 12 had already leased the premises. However, because of my experiences 13 with him as a tenant at 663 Industrial Way when I owned it, I would have 14 refused Mr. Fowler's request even if I had been legally free to lease the 15 657 University Ave. premises to him. 16 5. As reflected in Exhibit 1, attached, which is an excerpt from the official 17 Transcript of the June 10, 2015 hearing before the Town Planning 18 Commission on Nir. Nishita's application, Mr, Fowler told the Commission 19 that he was "super good friends with Ed Rhodas. " 20 21 6. That statement is false. Mr. Fowler is not my friend. 22 23 24 1 declare under penalty of penury of the laws of the State of California that the foregoing is true and correct of my own knowledge, and that this 25 declaration is executed on July L 0, 2015. 26 27 28 EDWARD L. RHCDAS� 2 I low JIM M1,4MATENASS: !hat's wnai i'm assuming. All I wno- I bought 615 and 611, to keen a Conditional jUse Permit :• do painting here 1 had to Leave it. : have a: iat Ell. V_, anC 127. COMETSSIGNER KAKE: Can Staff help with this? QOEL PAULSON: Staff doesn't know the particulars lof this, but if you move locations. your CUP, if it's Lee vested, no longer is active, so he probably had to get an additional CUP. j,m no_ s=c what year even we're talsing abcol, 1 :hats oaver heard of any prohibition of additional 12 syney . uwjchs from the Town's perspective. 1- COMNISSIONER KANE: Well, he's been c7 that iL s-reet a long. 15 jOEL PAULSON: 1i nowla have becn an is air 26 quality, cc scme ciner government agency has restrictions. 1- Welie not aware of any. The Tcwn oefinize:y doesn't have azv. COMMISSIONER KANE: Thank yen. CHAIR BURCH: in-ns like swmazning you may want 2i 1LC look fntc with Staff. Any DznEj qwesu2ons? Al_ right, 22 rna,s you, AnA WE, Sary Fowler. 23 GARY Good eve- irg everyboav, my name is 24 Gary Fouler;ffbij Pref6ried image Body,Qhop&supa;-9oo4 2 friends with.-MR-hoda's, wac—hinually tins the huilding. LOS GATOS PLANNING COMMISSIX E/20/2015 Item V, 07 unilE'Vzy Avenue 44 � I' W,$ M1 Judy 20, 2015 Gary Nishim 657 University Ave Los Gains Ca 95131 Gary, 1,Si ja; Jerry Seagreaves Scagreives Insurance Agency 830 Bay Ave, Ste A Capitola, CA 95010 License #OL17832 Fhoue: (831) 464 -1871) Fax: (831) 464 -1890 Thank you for meeting with me regarding your Insurance for Bi -city Paint and Body. You mentioned that you had concerns of whether customers could be inside the wort: area of your business. while you explained the work stations were off limits, the open area inside the shop was being used for customers to park and discuss vehicle estimates. I reviewed this with our underwriter and if someone was to gel injured and you were held liable, we would cover your claim. Please let me know if you have any other questions or concerns. 1 [lope this helps! Kind Regrinds, Jerry Seagreaves Seagreaveslnsurance I nk*A a I li Lw I , *y H DIRM Alishica DIR Pressure Vessel Registration ... E� [d 9ovj CzirCr�:H €. ,Ttv daLa,is =ot77��9' ht:av' ggr'i¢av2i Here are the results ofyout search (t recortl5): _. °A9h flit itxl.HY, ix it I A4Asi4 {� 1 P.TQ 'EF9t i_(f _IF 1.1101, "l ±il 7 JI x � IX.id vJ In c'11i5 � - � CqR ) Oti'tlif I PLI �L�i lira iii- L'lAEE �I c. irE ECPEI( ;� '" `111D �."TP ILL L 'C _ Ixer s3,;.ch �n /z A72B3 r i a4 [iA(y [ P G r f Plant# 7283 1 -`The Preferred Image -663 Industrial i,1ay Los Gatos, CA 95030 ! Location: 663 Industrial Way j Los Gatos, CA 95030 I S# DESCRIPTION [Schedule] PAID - -- - -- -- ------------- ------ --- ----- -- ---- - - -- -- - — - 1 "pay poor' HVLP, 150.88 gal /yr solvent, 163 gal /yr clean -up 374 Paint Spray Booth [E] 1 Permit Source, 0 Exempt Sources * ** See attached Permit Conditions * ** This Page Intentionally Left Blank TOWN COUNCIL — August 4, 2015 REQUIRED FINDINGS & CONSIDERATIONS FOR: 657 University Avenue Conditional Use Permit Application U -15 -001 Appeal of a Planning Commission decision denying a request to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM. APN 529 -10 -083. PROPERTY OWNER: Edward Rhodas APPLICANT /APPELLANT: Gary Nishita FINDINGS: Required findings for CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required findings for a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed use of the property is essential or desirable to the public convenience or welfare because the use would provide an auto repair and paint service to Los Gatos residents; and (2) The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the June 10, 2015 Planning Commission Staff Report. N:ADEVIFINDINGS '2015VONIVERSITY657- appw1.DOC ATTACHMENT 6 This Page Intentionally Left Blank Draft Resolution to RESOLUTION 2015- be modified by Town Council deliberations RESOLUTION OF THE TOWN COUNCIL and direction. OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO OPERATE AN AUTO BODY REPAIR AND PAINT SHOP (BI- CITY PAINT & BODY) ON PROPERTY ZONED LM APN: 529 -10 -083 CONDITIONAL USE PERMIT APPLICATION: U -15 -001 PROPERTY LOCATION: 657 UNIVERSITY AVENUE PROPERTY OWNER: EDWARD RHODAS APPLICANT /APPELLANT: GARY NISHITA WHEREAS, the applicant requested approval of a Conditional Use Permit to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM. WHEREAS, the Planning Commission previously considered the application on June 10, 2015 and voted to deny the Conditional Use Permit application based on concerns about the number of employees, parking, storage of hazardous materials, and safety of vehicles entering and exiting the project site. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred or abused its discretion in its decision by basing their decision on personal preference and not factual evidence without allowing the Appellant an opportunity to address their concerns at a continued hearing date. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that there is new information that was not reasonably available at the time of the Planning Commission decision about his proposed business operations. WHEREAS, this matter came before the Town Council for public hearing on August 4, 2015, and was regularly noticed in conformance with State and Town law. ATTACHMENT 6 WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 4, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. The Council could not make one or more of the following, in accordance with Town Code section 29.20.300 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM for CUP application U -15 -001 is denied. 2. The 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 and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of August, 2015, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA \ 1 `� f °t'"'IjI i,pe"11 d"cx This Page Intentionally Left Blank Draft Resolution to RESOLUTION 2015- be modified by Town Council deliberations RESOLUTION OF THE TOWN COUNCIL and direction. OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO OPERATE AN AUTO BODY REPAIR AND PAINT SHOP (BI- CITY PAINT & BODY) ON PROPERTY ZONED LM AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 529 -10 -083 CONDITIONAL USE PERMIT APPLICATION: U -15 -001 PROPERTY LOCATION: 657 UNIVERSITY AVENUE PROPERTY OWNER: EDWARD RHODAS APPLICANT /APPELLANT: GARY NISHITA WHEREAS, the applicant requested approval of a Conditional Use Permit to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM. WHEREAS, the Planning Commission previously considered the application on June 10, 2015 and voted to deny the Conditional Use Permit application based on concerns about the number of employees, parking, storage of hazardous materials, and safety of vehicles entering and existing the project site. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred or abused its discretion in its decision by basing their decision on personal preference and not factual evidence without allowing the Appellant an opportunity to address their concerns at a continued hearing date. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that there is new information that was not reasonably available at the time of the Planning Commission decision about his business operations and proposed number of employees. WHEREAS, this matter came before the Town Council for public hearing on August 4, 2015, and was regularly noticed in conformance with State and Town law. ATTACHMENT 7 WHEREAS, Town Council received testimony and documentary evidence from the applicant, appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 4, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. One or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM is granted and the application is remanded to Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to Planning Commission for further consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4`h day of August, 2015, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA , A kl ",� 1 i o' 2 "n "1Avg+ , ,... This Page Intentionally Left Blank Draft Resolution to RESOLUTION 2015- be modified by Town Council deliberations RESOLUTION OF THE TOWN COUNCIL and direction. OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO OPERATE AN AUTO BODY REPAIR AND PAINT SHOP (BI- CITY PAINT & BODY) ON PROPERTY ZONED LM APN: 529 -10 -083 CONDITIONAL USE PERMIT APPLICATION: U -15 -001 PROPERTY LOCATION: 657 UNIVERSITY AVENUE PROPERTY OWNER: EDWARD RHODAS APPLICANT /APPELLANT: GARY NISHITA WHEREAS, the applicant requested approval of a Conditional Use Permit to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM. WHEREAS, the Planning Commission previously considered the application on June 10, 2015 and voted to deny the Conditional Use Permit application based on concerns about the number of employees, parking, storage of hazardous materials, and safety of vehicles entering and exiting the project site. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred or abused its discretion in its decision by basing their decision on personal preference and not factual evidence without allowing the Appellant an opportunity to address their concerns at a continued hearing date. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that there is new information that was not reasonably available at the time of the Planning Commission decision about his business operations and proposed number of employees. WHEREAS, this matter came before the Town Council for public hearing on August 4, 2015, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the applicant, appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 4, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. One or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to operate an auto body repair and paint shop (Bi -City Paint & Body) on property zoned LM is granted subject to the Conditions of Approval for this permit attached hereto as Exhibit A. 2. The 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 and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4`" day of August, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 'k V kt V)1 _ dnex This Page Intentionally Left Blank CONDITIONS OF APPROVAL August 4, 2015 657 University Avenue Conditional Use Permit Application U -15 -001 Requesting approval of a Conditional Use Permit for an auto repair business on property zoned LM. APN 529 -10 -083. PROPERTY OWNER: Edward L. Rhodas APPLICANT: Gary Nishita TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on April 28, 2015. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. USE: The approved use is for an auto body and paint shop. 4. NUMBER OF EMPLOYEES: The maximum number of employees is limited to 2. 5. NUMBER OF WORKING BAYS /GREASE RACKS: The maximum number of working bays and /or grease racks onsite at any given time is limited to 1. 6. HOURS OF OPERATION: Maximum hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Sunday on an appointment only basis with no drop -ins. 7. ACCESS: The front coiling door along University Avenue shall remain open during the approved business hours. 8. REVIEW: The Planning Commission shall review the CUP one year from occupancy to determine if conditions need to be added or modified to reduce potential impacts. 9. PARKING: Four parking spaces shall be provided for the business. 10. SPRAY BOOTH: Prior to the issuance of a business license, permits shall be obtained from the Hazardous Materials Compliance Division of the Santa Clara County Fire Department and the Bay Area Quality Management District for the portable spray booth. 11. SAFETY IMPROVEMENTS: One or more of the following improvements shall be implemented to the satisfaction of the Director of Parks and Public Works: a. Require vehicles to exit the building in a forward position b. Mark a white line at the garage door to separate the building floor from the sidewalk c. Attach a sign(s) to the frame of the garage door advising drivers to proceed with caution when exiting the building d. Install a ringer and /or blinker at the exterior of the building as a warning to pedestrians e. Install wide angle mirrors at the garage door to improve visibility EDIT A OfAttachment 8 12. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 14. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 15. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 16. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special pen-nit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 17. ENCROACHMENT PERMIT: All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 18. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 19. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 20. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 21. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to when altered work is started. The Applicant or Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 22. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty - five (85) dBA. 23. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. N:\ DEV \CONDITIONS\2015 \University657 2.doex This Page Intentionally Left Blank