1999-070-Denying An Appeal Of A Decision Of The Planning Commission Denying An Appeal Of A Notice Of Violation That Alleges That A Ground Floor Retail Space Has Been Illegally Converted To An Office Use In The C-2 ZoneRESOLUTION 1999 - 70
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING AN APPEAL OF A NOTICE OF VIOLATION THAT ALLEGES THAT A GROUND
FLOOR RETAIL SPACE HAS BEEN ILLEGALLY CONVERTED TO AN OFFICE USE IN THE C -2
ZONE.
VIOLATION: VL -99 -0021
PROPERTY LOCATION: 14 / 16 E. MAIN STREET
PROPERTY OWNER / APPELLANT: ROBERT HAMILTON
WHEREAS:
A. This matter came before the Council for public hearing on May 17, 1999, on an appeal by
the property owner 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 property owner 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 May 7, 1999, concerning this appeal.
C. In December 1997, the office use at 16 E. Main Street expanded into a vacant space located
net door at 14 E. Main Street. The vacant space at 14 E. Main was formerly occupied by the Los Gatos
Shade Shop, a retail business. Both businesses are located in the C -2 (Central Business District commercial)
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 the cut -off and is a legal use. The business at 14 E. MAIN Street was
retail use, and the space cannot be converted to office use.
D. The Planning Department notified the property owner of the violation on December 26, 1997,
May 28, 1998 and on December 28, 1998. After meeting to discuss the violation, the owner submitted the
appeal to the Planning Commission.
E. March 24, 1999 the Planning commission denied the appeal.
F. Property owner is appealing the Planning Commission's decision because the property owner
believes the Planning Commission erred or abused its discretion based upon incorrect information.
G. The Planning Commission decision was correct.
1
denied.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Violation VL -99 -0021 is therefore
2. Staff is directed not to initiate enforcement actions for a minimum period of 90 days to allow
appellant the opportunity to apply for a zone change that would legalize the ground floor office use.
3. 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 7th day of June, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirxynski.
NAYS: None
ABSENT: Mayor Jan Hutchins
ABSTAIN: None
SIGNED:
V CE OR OFT E O LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK Of THE TOWN OF LOS OS
LOS GATOS, CALIFORNIA
OA