12 Staff Report - 25 N. Santa Cruz AvetpW N Op
cos sA os COUNCIL AGENDA REPORT
DATE: SEPTEMBER 13, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY 611-1
MEETING DATE: 09-18-2006
AGENDA ITEM:
SUBJECT: ADOPT RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS UPHOLDING A DECISION OF THE PLANNING COMMISSION
DENYING AN APPLICATION TO OPERATE A FORMULA RETAIL STORE
(AMERICAN APPAREL) ON PROPERTY ZONED C-2. APN: 51.0-44-034.
PROPERTY LOCATION: 25 N. SANTA CRUZ AVENUE. PROPERTY
OWNER: SANTA CRUZ REAL, LLC. APPLICANT/ APPELLANT: TACEE
WEBB. (Continued from August 21, 2006)
RECOMMENDATION:
Adopt resolution confirming Council's decision on January 17, 2006.
DISCUSSION:
On January 17, 2006, Council denied an appeal of a Planning Commission decision denying an
application to operate a formula retail store (American Apparel) on property zoned C-2, located
at 25 N. Santa Cruz Avenue. The attached resolution confirms that decision.
Attachment: 1. Proposed Resolution
Distribution: Tacee Webb, 919 NW 23rd Avenue, Portland OR 97210
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by: own Manager Assistant Town Manager
Rev: 9/13/06 3:01 pm
Reformatted: 7/19/99
OPK:LMB/wp [N:ATY\ReportAkwpd]
Clerk
File# 301-05
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
UPHOLDING A DECISION OF THE PLANNING COMMISSION DENYING AN
APPLICATION TO OPERATE A FORMULA RETAIL STORE (AMERICAN APPAREL)
ON PROPERTY ZONED C-2.
APN: 510-44-034
APPLICATION #U-06-006
PROPERTY LOCATION: 25 N. SANTA CRUZ AVENUE
PROPERTY OWNER: SANTA CRUZ REAL, LLC
APPLICANT/APPELLANT: TACEE WEBB
WHEREAS:
A. This matter came before the Town Council for public hearing on January 17, 2006
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellantlapplicant
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 January 12, 2006 and
Desk Items dated January 17, 2006, along with subsequent reports and materials prepared
concerning this application
C. The applicant/appellant seeks approval of a conditional use permit (Application U-
06-006) to operate a formula retail store (American. Apparel) at 25 N. Santa Cruz Avenue, which
is located in the Central Business District ("CBD")
D. The Planning Commission considered this matter on November 9, 2005, and denied
the application on the basis that the proposal is not consistent with the General Plan regarding
small town character and support for locally-owned stores in the CBD, that the space was
previously occupied by a non-formula retailer, and that the addition of another apparel store
would detract from the diversity and balance in the types of retail businesses in the CBD.
E. The applicant/appellant claims that the Planning Commission erred or abused its
discretion because the proposed use of the property is in harmony with the specific objectives in the
General Plan, and would help to maintain the existing balance and diversity of businesses in the
CBD.
F. The decision of the Planning Commission was correct.
G. Council, by this reference, fully incorporates herein and adopts the findings of the
Planning Commission on Application U-06-006, made on November 9, 2005.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Application U-06-006 is
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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of September 2006, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA