1996-139-Deny A Request For Architecture And Site Approval And Conditional Use Permit To Demolish Existing Commercial Buildings And To Construct A New Auto Dealership Building On Property In The CH ZoneRESOLUTION 1996 - 139
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST
FOR ARCHITECTURE AND SITE APPROVAL AND A CONDITIONAL USE PERMIT
TO DEMOLISH EXISTING COMMERCIAL BUILDINGS AND TO CONSTRUCT A NEW
AUTO DEALERSHIP BUILDING ON PROPERTY IN THE CH ZONE, AND RETURN
THE APPLICATION TO THE PLANNING COMMISSION FOR ACTION CONSISTENT
WITH THIS RESOLUTION
PROJECT APPLICATION PRJ -96 -96
(PROPERTY ADDRESS: 16212 LOS GATOS BOULEVARD
PROPERTY OWNER: MAXIM INVESTMENTS, INC.
APPLICANT /APPELLANT: MICHAEL MCKAY)
WHEREAS:
A. This matter came before the Council for public hearing on October 21, 1996, on
an appeal by the applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. The Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the packet attached to the Council Agenda Reports dated October 15 and October 21, 1996,
concerning this application.
C. The key issues presented in the hearing process are traffic, lighting, design,
parking, alternative uses, and the effect of the Los Gatos Boulevard planning process.
D. The applicant has presented an additional traffic analysis in concert with additional
information from staff that was not available to the Planning Commission.
E. Each of the Councilmembers has closely followed the evolution and direction of
the Los Gatos Boulevard planning process.
F. As to traffic:
1. There are existing problems in the neighborhood.
2. The proposed use will generate far less traffic than any other viable use for the
site, including a medical office building.
3. A traffic study should be prepared to determine the best ingress and egress for
the site.
G. As to parking:
1. The proposal would provide more on -site parking available to customers than
other automobile dealerships in Town, although this use would be limited to sales of
vehicles only, without any service or parts sales.
2. Street parking should be addressed by appropriate signage.
3. Whatever use is ultimately approved for the site would have similar or greater
parking impacts.
H. As to lighting, the applicant should be able to and by condition will be required to
implement a lighting plan that would reduce lighting impacts to an intensity that is equal to or less
than a retail use might generate.
I. As to design:
1. This is an entryway into the adjacent neighborhood.
2. The building design does not fit the community; it is designed for a much more
commercialized setting.
3. A complete landscape plan is needed to create the design appropriateness.
4. One must consider what the building would look like if the use stopped.
5. The building design should be less commercial, reflect the transition nature of
this part of Los Gatos Boulevard, be more residential - looking, and perhaps reflect the
historical context of the Town.
J. Other alternative uses do not appear viable or suitable for the neighborhood or the
Boulevard. This proposed use is probably the best use that could be found for this site. Housing
would not work; office would be difficult; and suggested retail concepts have not moved forward.
Any viable retail use at this site would be a higher traffic generator. This proposal holds height
down. Nothing suggested generates less traffic than this proposal. A commercial use is going
to come to this site, and previously suggested concepts did not make sense. The prior use of the
site was automotive sales.
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K. The proposed use is in harmony with the various elements of the General Plan and
the direction of the Los Gatos Boulevard planning process, and would be consistent with the
present zoning and future direction for the Boulevard. Appropriately conditioned as indicated in
this resolution, the proposed use would not adversely affect the public welfare or safety and would
be the least intrusive of potential uses for the site.
L. The Council has received new information that the Commission did not have, and
the Planning Commission erred in its interpretation of the Los Gatos Boulevard planning process
with regard to this application.
M. The application should be returned to the Planning Commission for further review
in conformance with the direction of this resolution.
N. Before further review by the Planning Commission, the applicant shall submit 1)
a traffic study evaluating the ingress and egress to the site and the alternative parking locations
to improve access and reduce traffic congestion and confusion, in particular, to reduce ingress and
egress on Shannon Road; and 2) a lighting plan that demonstrates the proposed effect on the
neighborhood.
O. In addition to reviewing the comments of the Council during the October 21
hearing, the Planning Commission shall consider the following:
1. Signage that would discourage use of Magnuson Loop by traffic not destined
for the Magnuson Loop residences.
2. Prohibition of test driving of vehicles from the property in the adjacent
residential neighborhoods.
3. Requirement of a building design that is more consistent with the Town,
adjacent neighborhoods, and the Boulevard transition area, and an appropriate landscape
buffer for the site.
4. A review by the Planning Commission one year after occupancy.
P. In addition to imposing the conditions recommended by the staff in the Planning
Commission report dated September 18, 1996, as appropriately modified by the Commission in
their review, the Planning Commission shall impose conditions on the use that address the concern
about lighting effects on nearby residences, that prohibit truck deliveries of vehicles to the
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property, and that restrict use of the property to vehicle sales only (no parts sales or vehicle
service).
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
96 -96 is granted insofar as the use of the property for a vehicle sales dealership is approved in
concept, and the application is returned to the Planning Commission for redesign and further
review consistent with this resolution.
2. The Planning Commission may take final action on the application.
This decision does not constitute a final administrative decision by the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 4th day of November, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Randy Attaway
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR HE TOWN LOS GATOS
LOS GATOS, CALIFO A
ATTEST:
CLERK OF THE TOWN OF LOS G�TOS
LOS GATOS, CALIFORNIA `1
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