2011-007-22 S. Santa Cruz Avenue Deny AppealRESOLUTION 2011 -007
RESOLUTION DENYING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO ADD
THREE SALON STATIONS TO AN EXISTING PERSONAL SERVICE BUSINESS
(MADDOX HAIR SALON) OPERATING IN CONJUNCTION WITH A RETAIL STORE ON
PROPERTY ZONED C -2.
APN: 510 -45 -014
CONDITIONAL USE PERMIT APPLICATION: U -10 -013
PROPERTY LOCATION: 22 S, SANTA CRUZ AVENUE
PROPERTY OWNER/APPLICANT: RONALD TATE
APPELLANT: LANCE TATE
WHEREAS:
A. This matter came before the Town Council for public hearing on February 7, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks an appeal of a Planning Commission decision to deny a request to
add three salon stations to an existing personal service business (Maddox Hair Salon) operating in
conjunction with a retail store on property zoned C -2. Currently, the CUP allows four salon stations
and two shampoo chairs. However, the applicant is requesting seven salon stations and two shampoo
chairs.
C. On October 27, 2010, the Planning Commission considered the request to modify an
existing CUP to add three salon stations to an existing personal service business (Maddox Hair Salon)
operating in conjunction with a retail store on property zoned C -2. The Commission denied the request
finding that the proposal would remove a retail use where retail should be emphasized, adds a personal
service business where there are multiple existing personal service businesses in the vicinity, and
conflicts with the provisions and objectives of the General Plan since it changes the mix of uses in the
D. Town Code requires a CUP for personal service business uses in the Central Business
District.
E. Pursuant to Town Code Section 29.10.190(b), the hearing body may deny a CUP for a
personal service business if the proposed use of the property is not in harmony with specific provisions
or objectives of the general plan and the purposes of this chapter; will detract from the existing balance
and diversity of businesses in the commercial district in which the use is proposed to be located; would
create an over- concentration of similar types of businesses; or will detract from the existing land use
mix and high urban design standards including uses that promote continuous pedestrian circulation and
economic vitality.
F. Pursuant to Town Code Section 29.10.190(a), the hearing body may grant a CUP if the
proposed uses of the property are essential or desirable to the public convenience or welfare; will not
impair the integrity and character of the zone; would not be detrimental to public health, safety or
general welfare; and are in harmony with the various elements or objectives of the General Plan and the
purposes of the Town Code,
G. 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 for February 7, 2011, along with any and all subsequent
reports- and materials prepared concerning this application.
H. Council finds as follows:
1. The Planning Commission had the discretion to address the CUP modification
request and did not err in its decision.
2. Pursuant to Town Code section 29.20.190(b), the requested modification of a
CUP is not in harmony with specific provisions or objectives of the general plan and the purposes of this
chapter; will detract from the existing balance and diversity of businesses in the commercial district in
which the use is proposed to be located; would create an over - concentration of similar types of
businesses; and will detract from the existing land use mix and high urban design standards including
uses that promote continuous pedestrian circulation and economic vitality. This finding is based on the
evidence presented in the Council agenda for February 7, 2011, and incorporates the findings made by
the Planning Commission on October 27, 2010, regarding this application.
RESOLVED:
1. The appeal of a Planning Commission decision for CUP application U -10 -013 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 on the 7`" day of February 2011, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steven Leonardis, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
Diane McNutt
ATTES`�
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CLERIC OFT E TOWN OF LOS GATOS
LOS GA , CALIFORNIA
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA