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3 - 23 W. Main Street~owN of MEETING DATE: 3-15-2010 - AGENDA ITEM: ;.,,,~, . ~i/ cos os COUNCIL AGENDA REPORT DATE: March 15, 2010 TO: MAYOR AND TOWN COUNCIL FROM: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY ~` SUBJECT: RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL AND CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT TO ALLOW PERSONAL SERVICE BUSINESS AT 23 W. MAIN STREET RECOMMENDATION: Adopt a resolution of the Town Council of the Town of Los Gatos Granting an Appeal and Conditionally Approving A Use Permit to Allow a Personal Service Business to Allow a personal Service Business at 23 W. Main Street. DISCUSSION: On March 1, 2010, Council granted the appeal of Rene Chasey and approved a Conditional Use Permit to allow a personal service business at 23 W. Main Street, limited to a total of eight (8) hair stations, one (1) manicure/pedicure station and one (1) station for skin care on a property zoned C-2:LHP. Adoption of the attached resolution will finalize the Council action. Attachment: Proposed Resolution Findings Conditions of Approval PREPARED BY: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY N:\ATY\Planning Commission\23 W. Main St\Town Council Report 23 W. Main.doc Reviewed by; own Manager ~ Assistant Town Manager Clerk Administrator Finance Community Development RESOLUTION 2010- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL AND CONDITIONALLY APPROVING A USE PERMIT TO ALLOW A PERSONAL SERVICE BUSINESS AT 23 W. MAIN STREET WHEREAS: A. On January 27, 2010, the Planning Commission approved the Conditional Use Permit (CUP) for a personal services business (salon) at 23 W. Main Street to allow a seven (7) station hair salon, applicant Rene Chadsey; Building owned by David Flick The Applicant filed a timely appeal to the decision of the Banning Commission. B. This matter came before Council for public hearing on March 1, 2010, and was regularly noticed in conformance with State and Town law. C. Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. 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. D. On March 1, 2010, the Council granted the appeal and approved the CUP with modifications as set forth in the findings, and project conditions, attached hereto and incorporated herein by reference. RESOLVED: 1. Application to grant the appeal of Applicant Rene Chadsey and approve Conditional Use Permit U-09-025 is conditionally approved. 2. The Findings and Conditions of Approval attached hereto as Exhibit A are adopted as the Conditions of Approval of this permit. 3. The decision constitutes a final administrative decision pursuant to California Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the N:~ATY~Planning Commissior123 W. Main St~F:ESO 23 W. Main (salon).doc 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 California 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_ day of March 2010 by the following vote. COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor .Mike Wasserman NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N;~ATY~Planning Commissior123 W. Main Si~F:ESO 23 W. Main (salon).doc 2 REQUIRED FINDINGS FOR 23 W. Main Street Conditional Use Permit U-09-025 Requesting approval to operate a personal service business (salon) on property zoned C- 2:LHP. APN 529-01-018. PROPERTY OWNER: Dave Flick APPLICANT: Rene Chadsey FINDINGS ^ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town in that the proj ect consists of an existing facility with no expansion. ^ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. (a) The Council finds, on the basis of the evidence submitted at the hearing, that: (1) The proposed uses of the property are essential or desirable to the public convenience or welfare; (2) The proposed uses will not impair the integrity and character of the zone; (3) The proposed uses would not be detrimental to public health, safety or general welfare; and (4) The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. The proposed use is considered desirable in that the previous personal service business was well used by the residents for many years, and a replacement would be appropriate. The proposed use will not take away from the retail oriented focus of the Central Business District in that the proposed tenant space has been a personal service business for 23 years. The salon will not be detrimental to public health, safety or general welfare, and the conditions regarding operating hours and maximum number of stations on the permit will mitigate potential impacts. The proposed use is in harmony with the General Plan and Town Code as addressed in the preceding discussion. (b) In addition, the approval of the personal service business in this case is neither precedent setting nor does it indicate a preference for or allowance of the expansion of these uses in the future. The approval is expressly limited to allowing the re-introduction of a personal service business in a historic building, where the pre-existing personal service business had to be discontinued in order to completely renovate and save the historic structure. The Council finds that the approval avoids penalizing the owner of the building who chose to make a significant investment in preserving the structure, which investment provided acommunity-wide benefit to the Town. N:WTY~Planning Commissior123 W. Main S{~Findings.doc (c) The appeal is granted in part to approve the CUP for a maximum ten (10) stations, further limited to eight (8) hair stations, plus one (1) manicure/pedicure station, plus one (1) station for skin care. N:~ATY~Planning Commissior123 W. Main S{~Pindings.doc 2 RECOMMENDED CONDITIONS OF APPROVAL -January 27, 2010 23 W. Main Street Conditional Use Permit U-09-025 Requesting approval to operate a personal service business (salon) on property zoned C-2:LHP. APN 529-O1-018.. PROPERTY OWNER: Dave Flick APPLICANT: Rene Chadsey 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 as approved by the Planning Commission on January 27, 2010. Any changes or modifications made to the .approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the change(s). 2. EXPIRATION OF APPROVAL: The Conditional Use Permit will expire two years from the date of approval, unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. HOURS OF OPERATION: Maximum hours of operation shall be Monday through Friday, 10:00 a.m. to 8:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m. 4. NUMBER OF STATIONS: The salon shall include no more than ten (10) total stations, further limited to eight (8) hair stations, one (1) manicure/pedicure station, and one (1) skin care station. 5. USES: The approved use is for a full service salon; appropriate uses shall include, manicure/pedicure, and skin and hair care services, as limited by condition No. 4. 6. SIGN PERMIT: A sign permit is required for any new signs or any change of existing signs. 7. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use. 8. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance Department prior to commencement of use. 9. 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. N:~,STY~Planning Commission~23 W. Main St~RecConditions of App 23 W. Main.doc