Loading...
1995-159-Approving A Request To Operate Automobile Related Services Including Retail Tire Sales And Service, Body Work, General Automotive Repair, And Automotive Painting And Detailing Within An Existing Automobile Service Facility In The CH ZoneRESOLUTION 1995 - 159 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION APPROVING A REQUEST TO OPERATE AUTOMOBILE RELATED SERVICES INCLUDING RETAIL TIRE SALES AND SERVICE, BODY WORK, GENERAL AUTOMOTIVE REPAIR, AND AUTOMOBILE PAINTING AND DETAILING WITHIN AN EXISTING AUTOMOBILE SERVICE FACILITY IN THE CH ZONE. CONDITIONAL USE PERMIT APPLICATION U -95 -20 PROPERTY LOCATED AT 15553 LOS GATOS BOULEVARD. PROPERTY OWNER AND APPELLANT: D'AMICO TIRE SERVICE COMPANY. INC. WHEREAS: A. This matter came before the Council for public hearing on November 6, 1995, on an appeal 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 property owner and appellant, tenants, neighbors, 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 and documents attached to the Council Agenda Report dated November 1, 1995, concerning this application. C. In this type of matter, the Council must balance a variety of interests. The neighbors have a legitimate concern about the possible effects of the operation on their health, and the business owners and landlord have legitimate concern in a resolution of the problem. D. A longer period of time to cease the operation is reasonable. Everyone realizes that the business must move quickly, and both the owners and landlord are encouraged to cease the operation as soon as possible. E. The neighborhood has been frustrated by the length of time involved in this process, but a date certain will provide a trade -off in that the operation will stop and there will be no need for continued monitoring or enforcement, bringing closure to the problem. F. The Council has discretion and oversight in this type of abatement action that the Commission does not possess, and the Commission's action should be modified only in providing an extension of time to cease paintbooth operation to January 30, 1996. 1 RESOLVED: 1. The appeal of the decision of the Planning Commission on Conditional Use Permit Application U -95 -20 is granted only insofar as the date by which the paint booth operation shall cease is extended to January 30, 1996. 2. In all other respects the decision and findings of the Planning Commission on Conditional Use Permit Application U -95 -20 are approved subject to the conditions of approval contained in Exhibit A hereto and the plans submitted by the applicant. 3. This decision does not and shall not constitute any precedent for permitting or prohibiting any particular use, and the Town Council shall continue to examine any such request on a specific site, design, and historic use basis under the Town Code and Town policies. This 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 or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of November, 1995 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin. Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF TH OWN OF LOS TOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA 2 EXHIBIT A CONDITIONS OF APPROVAL ON CONDITIONAL USE PERMIT APPLICATION U -95 -20 TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. All conditions of approval shall be included on the cover sheet of construction plans submitted for building permits. 2. All parking spaces shall be double- striped. 3. All roof - mounted mechanical equipment visible for off -site shall be screened. 4. The business located in tenant space known as Unit A (Wheel Works) shall have the following operating hours: Monday - -- 8:00 a.m. to 8:00 p.m. Tuesday thru Friday -- 8:00 a.m. to 6:30 p.m. Saturday -- 8:00 a.m. to 4:00 p.m. Sunday - - -- 9:00 a.m. to 3:00 p.m. 5. The business located in tenant space known as Unit B/C (Auto -Tec) shall have the following operating hours: Monday thru Friday -- 7:30 a.m. to 6:00 p.m. Saturday -- 8:00 a.m. to 5:30 p.m. 6. The business located in tenant space known as Unit D (Car Care) shall have the following operating hours: Monday thru Friday -- 7:30 a.m. to 6:00 p.m. Saturday -- 8:00 a.m. to 1:00 p.m. 7. Paint booth operation shall be terminated by January 30, 1996, and no subsequent paint operation shall be approved. (Until January 30, 1996, paint booth shall only operate between the hours of 8 a.m. to 5 p.m., Monday through Friday) TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 8. The applicant shall obtain a building permit for the parking lot restriping and resurfacing. A -1 TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 9. Four 24" box Town - approved trees shall be planted along the rear property line between the building and the block fence along the residential properties. 10. An automatic irrigation system is required in the area to the rear of the building. N: \SHARE \DAMICO.RES 11M