2001-115- Denying An Application For A Rezoning Of The Property Located At 14-16 Main Street To Permit Ground Floor Office UsesRESOLUTION 2001 -115
RESOLUTION .DENYING AN APPLICATION FOR A REZONING OF THE PROPERTY LOCATED
AT 14-16 E. MAIN STREET TO PERMIT GROUND FLOOR OFFICE USES
PROPERTY LOCATION: 14-16 E. MAIN STREET
PROPERTY OWNER: ROBERT HAMILTON
APPLICANT: MCMURTRY & BELL
REQUEST FOR HEARING FILED BY: MICHAEL JAY JONES
WHEREAS:
A. This matter came before Council for public hearing on October 1, 2001, on a request for
public hearing filed by Michael Jay Jones and was regularly noticed in conformance with State and Town
law.
B. Council received testimony and documentary evidence from Michael Jay Jones 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 dated September 25, 2001, along with subsequent reports
and materials prepared concerning this application.
C. In December 1997., the office use at 16 E. Main Street expanded into a vacant space next door
at 14 E. Main Street. The vacant space at 14 E. Main Street was formerly occupied by the Los Gatos Shade
Shop, a retail business. Both businesses are located in the C-2 (Central Business District) where ground
floor office activities are prohibited if they did not exist prior to June 17, :1991.. The office use at 16 E. Main
Street existed prior to the cut-off and is a legal use. The Planning Department notified the property owner
of the violation on December 26,1997, May 28,1998 and December 28,1998. The Planning Commission
denied the property owner's appeal on March 24, 1999, and on June 7, 1999 the Town Council denied the
property owner's appeal of the Planning Commission decision. On April 12, 2001 the applicant submitted
a request to amend the Zoning Ordinance to allow ground floor office uses in the C-2 zone on the south side
of E. Main Street between College .Avenue and Highway T7.
D. A request for the public hearing on this matter was filed on August 6, 2001. The basis for
this request is that Michael Jay Jones feels that the Planning Commission erred or abused its discretion
because the Zoning Code amendment promotes the proposed use of the property; maintains the status quo
of the property.; is not be :detrimental to the public health, safety or general welfare; and, would be in
harmony with the specific elements or objectives of the General Plan.
E. 'The Planning Commission decision was. correct.
RESOLVED:
The appeal of the decision of the Planning Commission for the rezoning of the property
located at 14-16 E. Main Street is therefore denied.
2. The decision constitutes a final administrative decisionpursuant 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 15TH day of October, 2001 by the following vote.
COLJNCiL MEMBERS.:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glicl~nan,
Mayor .Joe Pirzynslci.
NAYS : None
ABSENT: None
ABSTAIN: None
ee ,
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SIGNED:
AYOR OF E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: ` ~
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA