1999-069-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-2RESOLUTION 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.
office.
E. On May 7, 1999 the appellant withdrew the appeal and has relocated the medical
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
SIGNE
ATTEST: Q::�
CLERK OF THE TOWN OF LOS G OS
LOS GATOS, CALIFORNIA
LOS GATOS, CALIFORNIA
S GATOS