Staff ReportSOW N OF
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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
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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.
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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
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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
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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
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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
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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
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Industrial Road
5 i_Ou
Tote) Site Area - 7,537 af.
ijyi
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Not a pad of ft application
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--- ------ - - - - -- - - - - --
\' 1 PROJECT AREA
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University Ave.
Site Plan
Bi -City Paint + Body Inc.
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Parking
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Existing
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Existing
Receptian
Existing Entry
Floor Plan
Bi -City Paint + Body Inc.
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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'
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Area: - 3,015 s.f.
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m Exlating
Electriml
Panels
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University Ave.
Uv
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%\ 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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?
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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.
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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
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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
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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?
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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...
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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
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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?
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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
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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
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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
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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?
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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.
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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.
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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.
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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?
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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?
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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?
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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.
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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
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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
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be able to do any more paint work in there, I'm not allowed
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to anymore. So when I just heard this whole thing was
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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
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down here, they took it away from me from being over here.
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COMMISSIONER KANE: They're saying you could only
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have one or two?
23
JIM MALAMATENIOS: Yeah.
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25 COMMISSIONER KANE: So you wanted three?
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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
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at 615, 617, and 627.
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COMMISSIONER KANE: Can Staff help with this?
6
JOEL PAULSON: Staff doesn't know the particulars
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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
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additional CUP. I'm not sure what year even we're talking
to
about. I have never heard of any prohibition of additional
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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.
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GARY FOWLER: Good evening everybody, my name is
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Gary Fowler; I own Preferred Image Body Shop, super good
25
friends with Ed Rhodas, who actually owns the building.
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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.
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�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.
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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
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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.
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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
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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
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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?
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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?
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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,
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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
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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
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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
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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
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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.
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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?
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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.
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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.
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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
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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.
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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
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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 ...
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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
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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 * **
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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
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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
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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
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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
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