2015-049 - Grant Appeal for 657 University Ave CUPRESOLUTION 2015 -049
RESOLUTION OF THE TOWN COUNCIL
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.
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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 has determined that new information was submitted to the
Council during the appeal process that was not readily and reasonably available for submission
to the Commission.
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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4th day of August, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
tGr -
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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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
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
EXHIBIT A
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 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.
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.
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