Item 18 Staff Report Adopt Resolution Denying Appeal of a Decision of the Planning Commission to Deny an Application for Use and Occupy Approval for a Medical Office Use on Property Zoned C-2. Use and Occupancy, UO-98-0004. Property Location: 236 North SaMEETING
DATE: 6/7/99
ITEM NO. j
COUNCIL AGENDA REPORT
DATE: May 18, 1999
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY Of -
SUBJECT: ADOPT RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING
COMMISSION TO DENY AN APPLICATION FOR USE AND OCCUPANCY APPROVAL
FOR A MEDICAL OFFICE USE ON PROPERTY ZONED C-2. USE AND OCCUPANCY,
UO-98-0004. PROPERTY LOCATION: 236 NORTH SANTA CRUZ AVENUE, SUITE 112.
PROPERTY OWNER: WILLIAM BACCHI. APPLICANT / APPELLANT: KIM DAVIS.
RECOMMENDATION:
Adopt resolution confirming Council action on May 17, 1999.
DISCUSSION:
On May 17, 1999, pursuant to appellant's request, the Town Council denied the appeal of the Planning Commission's
decision with reference to property located at 236 North Santa Cruz Avenue, Suite 112.
Attachments: Resolution denying appeal of a decision from the Planning Commission
Distribution: Kim Davis, 45 Euclid Avenue, Los Gatos, CA 95030
William Bacchi, Los Gatos Eureka Building, 236 N. Santa Cruz Ave., #105, Los Gatos, CA 95030
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PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by�d,J�Manager Finance
Revised: 5/ 18/99 11:44 AM
Reformatted: 10/23/95 File# 301-05
RESOLUTION
RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION
TO DENY AN APPLICATION FOR USE AND OCCUPANCY APPROVAL FOR A
MEDICAL OFFICE USE ON PROPERTY ZONED C-2.
USE AND OCCUPANCY: UO-98-0004.
PROPERTY LOCATION: 236 NORTH SANTA CRUZ AVENUE, SUITE 112
PROPERTY OWNER: WILLIAM BACCHI
APPLICANT / APPELLANT: KIM DAVIS
WHEREAS:
A. This matter came before the Council for public hearing on March 1, 1999, continued
to April 5, 1999 and May 17, 1999 , on an appeal by Kim Davis 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 of material contained in the Council Agenda Report dated February 19, 1999,
February 24, 1999, March 26, 1999 and May 7, 1999., concerning this application.
C. On January 13, 1999 the Planning Commission considered the appeal and denied it.
The proposed medical office is an intensification of use that requires a higher parking requirement
than professional office. The proposed space was previously used as a professional office. A
certificate of Use and Occupancy is required if a change of use is requested and a Business License
required to conduct business in Town. Upon discovery that a Business License was issued and that
a Certificate of Use and Occupancy could not be approved, the Finance Department retracted the
business license on August 25, 1998.
D. Appellant is appealing the Planning Commission's decision because the appellant
believes the Planning Commission abused its discretion to modify a issue or policy over which the
Planning Commission did not have discretion to modify or address, but which is vested in the Town
Could for modification or decision.
E. On May 7, 1999 the appellant withdrew the appeal and has relocated the medical
office.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Use and Occupancy UO-
98-0004 is therefore 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 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 , 1999 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: ATY\DAVIS.RES
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara at
110 E. Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
3. On June 14, 1999 I mailed at Los Gatos, California a true copy of Town Resolution 1999-69 regarding
property located at236 North Santa Cruz Avenue, Los Gatos, CA.to the following
Kim Davis, 45 Euclid Avenue, Los Gatos, CA 95030
William Bacchi, Los Gatos Eureka Building, 236 N. Santa Cruz Ave #105, Los Gatos, CA 95030
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on June 14, 1999.
Ma ' yni5. Rasmussen, 'CMC
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:lproof
RESOLUTION 1999 - 69
RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION
TO DENY AN APPLICATION FOR USE AND OCCUPANCY APPROVAL FOR A
MEDICAL OFFICE USE ON PROPERTY ZONED C-2.
USE AND OCCUPANCY: UO-98-0004.
PROPERTY LOCATION: 236 NORTH SANTA CRUZ AVENUE, SUITE 112
PROPERTY OWNER: WILLIAM BACCHI
APPLICANT / APPELLANT: KIM DAVIS
WHEREAS:
A. This matter came before the Council for public hearing on March 1, 1999, continued
to April 5, 1999 and May 17, 1999 , on an appeal by Kim Davis 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 of material contained in the Council Agenda Report dated February 19, 1999,
February 24, 1999, March 26, 1999 and May 7, 1999 , concerning this application.
C. On January 13, 1999 the Planning Commission considered the appeal and denied it.
The proposed medical office is an intensification of use that requires a higher parking requirement
than professional office. The proposed space was previously used as a professional office. A
certificate of Use and Occupancy is required if a change of use is requested and a Business License
required to conduct business in Town. Upon discovery that a Business License was issued and that
a Certificate of Use and Occupancy could not be approved, the Finance Department retracted the
business license on August 25, 1998.
D. Appellant is appealing the Planning Commission's decision because the appellant
believes the Planning Commission abused its discretion to modify a issue or policy over which the
Planning Commission did not have discretion to modify or address, but which is vested in the Town
Could for modification or decision.
E. On May 7, 1999 the appellant withdrew the appeal and has relocated the medical
office.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Use and Occupancy UO-
98-0004 is therefore 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 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 , 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski.
NAYS: None
ABSENT: Mayor Jan Hutchins
ABSTAIN: None
SIGNED:/s/ Steven Blanton
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Town Council Minutes June 7, 1999
Redevelopment Agency Los Gatos, California
EMPLOYEE REFERRAL PROGRAM/BONUS PAYMENTS/RESOLUTION 1999-63 (12.10)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-63
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ESTABLISH AN ADMINISTRATIVE POLICY IMPLEMENTING AN
EMPLOYEE REFERRAL PROGRAM WITH A BONUS PAYMENT OF UP TO $1,500. Carried
by a vote of 4 ayes. Mr. Hutchins absent.
SAN JOSE CHAMBER OF COMMERCE/CEO STEVE TEDESCO/RESOLUTION 1999-64 (13.44)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-64
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE SAN JOSE
SILICON VALLEY CHAMBER OF COMMERCE AND STEVE TEDESCO. Carried by a vote
of 4 ayes. Mr. Hutchins absent.
MEASURE B FUNDS/20% ALLOCATION FOR DEVELOPMENT/RESOLUTION 1999-65 (14.06)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-65
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF
SANTA CLARA TO RECEIVE THE 20% ALLOCATION FOR DEVELOPMENT COSTS
PROVIDED BY MEASURE B FUNDS. Carried by a vote of 4 ayes. Mr. Hutchins absent.
LOS GATOS BOULEVARD STRIPING/PRJ 9909/RESOLUTION 1999-66 (15.35)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-66
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9908 - LOS GATOS BOULEVARD STRIPING, and amend
1999-2004 Capital Improvement Program to carry forward $31,800 budgeted for the project.
Carried by a vote of 4 ayes. Mr. Hutchins absent.
SEWER IMPROVEMENTS/PROJECT 00-09/RESOLUTION 1999-67 (16.35)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-67
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 00-09 - SEWER IMPROVEMENTS. Carried by a vote
of 4 ayes. Mr. Hutchins absent.
WOODED VIEW DRIVE/SUBDIVISION/TERRY ROSE/RESOLUTION 1999-68 (17.09)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-68
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF TERRY
ROSE. DEVELOPER FOR A FOUR -LOT SUBDIVISION AT THE END OF WOODED VIEW
DRIVE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried by a vote of 4 ayes. Mr. Hutchins absent.
SANTA CRUZ AVE N 236/OFFICE ON GROUND FLOOR/RESOLUTION 1999-69 (18.09)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 1999-69
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A
DECISION OF THE PLANNING COMMISSION TO DENY AN APPLICATION FOR USE
AND OCCUPANCY APPROVAL FOR A MEDICAL OFFICE USE ON PROPERTY ZONED
C-2. Carried by a vote of 4 ayes. Mr. Hutchins absent.
TC: D 11: MM060799
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