1996-015-Deny A Request To Maintain An Eight-Unit Apartment Complex In The C-1 ZoneRESOLUTION 1996 - 15
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST
TO MAINTAIN AN EIGHT -UNIT APARTMENT COMPLEX
IN THE C -1 ZONE
CONDITIONAL USE PERMIT APPLICATION U -94 -4
PROPERTY LOCATED AT 664 N. SANTA CRUZ AVENUE.
PROPERTY OWNER: R &M PROPERTIES.
WHEREAS:
A. This matter came before the Council for public hearing on January 16, 1996, as
continued by decision of the Town Council on June 5, 1995, and expressed in Resolution No.
1995 -64.
B. The Council opened the public hearing to receive testimony and documentary
evidence from the property owner and all interested persons who wished to testify or submit
documents. There was no appearance at the hearing by the property owner or any other
person. The Council considered all testimony and materials submitted, including the record of
the Planning Commission proceedings and the packet and documents attached to the Council
Agenda Report dated January 8, 1996.
C. The uncontroverted evidence submitted to the Council shows:
The property owner has not completed all correction work required by the
Building Official and received final, written clearance from the Building
Department.
ii. The property owner has not completed paperwork with the Community Services
Department to secure at least one of the rental units on the property as a Below
Market Price Unit.
iii. No revised plans for the property for redevelopment have been submitted by the
property owner or anyone else.
D. The property owner has not made any progress in redeveloping the property and
has not made any progress in satisfying the conditions required by the Council in Resolution
No. 1995 -64.
E. The Council provided the property owner with a special privilege in continuing
an illegal nonconforming use in the C -1 Zone in order to preserve housing stock while giving
the property owner an opportunity to make progress in redeveloping the property. It is time
for that special privilege to terminate.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U -94 -4 is therefore denied, and the findings of the Council as expressed in
Resolution No. 1995 -64 and the decision and findings of the Planning Commission affirmed.
This 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 5th day of February, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED: ZR THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO ATOS
LOS GATOS. CALIFORNIA