2010-028-23 W. Main Street - Granting Appeal Of Cup ChangeRESOLUTION 2010-028
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL AND CONDITIONALLY APPROVING A USE PERMIT
TO ALLOW A PERSONAL SERVICE BUSINESS AT 23 W. MAIN STREET
WHEREAS:
A. On January 27, 2010, the Planning Commission approved the Conditional Use Permit
(CUP) for a personal services business (salon) at 23 W. Main Street to allow a seven (7)
station hair salon, applicant Rene Chadsey; Building owned by David Flick. The Applicant
filed a timely appeal to the decision of the Planning Commission.
B. This matter came before Council for public hearing on March 1,
2010; and was regularly noticed in conformance with State and Town law.
C. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted, inchiding the record of the Planning Commission
proceedings and the packet of material contained in the Council Agenda Report.
D. On March 1, 2010, the Council granted the appeal and approved the CUP with
modifications as set forth in the findings, and project conditions, attached hereto and
incorporated herein by reference.
RESOLVED: '
I. Application to grant the appeal of Applicant Rene Chadsey and approve Conditional
Use Permit U-09-025 is conditionally approved.
2. The Findings and Conditions of Approval attached hereto as Exhibit A are adopted
as the Conditions of Approval of this permit.
The decision constihrtes a final administrative decision pursuant to California 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 California 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 15th day of March 2010, by the following vote:
COUNCIL MEMBERS:
AYES: Jae Pirzynslci, ,Barbara Spector, Mike Wasserman
NAYS: Mayor Diane McNutt
ABSENT: None
ABSTAIN: Steve Rice
SIGNED;
~,~,G ~~~
MAYOR OF THE TOWN OP LOS GATOS
LOS GATOS, CALIFORNIA
EST: (\ J~~_
C ERIC DMINISTRATOR OF THE TOWN OF LOS GATOS
LOS TOS, CALIFORNIA
RZ;QUIRFD FINDINGS FOR
23 W. Main Street
Conditional Use Permit U-09-029
Requesting approval to operate a personal service business (salmr) nn property zoned C-
2:LHP. APN 529-O1-018.
PROPERTY OWNTR: Dave Fliclc
APPLICANT: Rene Chadsey
FINDINGS
The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town itt that the project consists of au existing faeilit5= with no
expansion.
As required by Section 29.20.190 of the Towm Code for granting a Conditional Use Permit.
(a) The Council lends, on the basis of the evidence submitted at the hearing, that:
(1) The proposed uses of the property are essential or desirable to the public convenience
or welfare;
(2) The proposed uses will not impair the integrity and character ofthe zone;
(3) The proposed uses would not be detrimental to public health, safety or general
t~=elfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the proposes of the Town Code.
The proposed use is considered desirable in that the previous personal service business was
well used by the residents for many years, and a replacement would be appropriate. The
proposed use will not take away from the retail oriented focus of the Central Business
District in that the proposed tenant space has been a personal service business for 23 years.
The salon will not be detrimental to public health, safety or general welfare, and the
conditions regarding operating hours and maximum nwnber of stations on the permit will
mitigate potential impacts. The proposed use is in ltarmwry wish the General Plvt and Tow=n
Code as addressed in the preceding discussion.
(b) In addition, the approval of the personal service business in this case is neither precedent
setting nor does it indicate a preference for or allowance ofthe expansion of these uses in the ftrture.
The approval is expressly limited to allowing the re-introduction of a personal service business in a
historic building, where the pre-existing personal service business had to be discoutintted in order to
completely renovate attd save the historic structure. The Council feuds that the approval avoids
penalizing the owner of the building who chose to make a significant investment in preserving the
structw~e, t~4tich investment provided a conunnnity-wide benelil to the Town.
N:b1'rNPlamiine Coinmissioit23 N'. Mein s6rindinks.Aoc
(c) The appeal is granted in part to approve the CUP for a maxinnun ten (10) stations, further
limited to eight (8) hair stations, plus one (1) manicure/pedicure station, plus one (l) station for skin
care.
N:~~'r11Planning Commissim123 W. M11nin SAPindingsdoc
RECOMMENDED CONDITIONS OF APPROVAL -Tnrzzrary 27, 2010
23 W. Main Street
Conditional Use Permit U-09-025
Requesting approval to operate a personal service business (salon) on property
coned C-2:LHP. APN 529-O1-018.
PROPERTY OWNER: Dave Flick
APPLICANT: Rene Chadsey
TO THE SATISFACTION OF THE DIRECTOR OP COMMUNITY DEVELOPMENT:
Plcnvzirzg Dirision
L APPROVAL: This application shall be completed in accordance with ail of the
conditions of approval listed below as approved by the Planning Commission o^
Jvwary 27, 2010, Any changes or modifications made to the approved plans
shall be approved by the Director of Conuuunity Development, the Development
Review Committee, the Planning Conuuission, or Town Council, depending on
the scope of the change(s).
2. EXPIRATION OP APPROVAL: The Conditional Use Permit will expire two
years fi•ma~ the date of approval, unless it is used before expiration. Section
29.20.335 defines what constitutes the use of an approval granted under the
%oning Ordinance,
3. HOURS OF OPERATION: Maxiuuun bows of operation shall be Monday
through Friday, 10:00 a.m. to 8:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m.
4. NUMBER OF STATIONS: The salon shall include no more than ten (]0) total
stations, fiu•dter limited to eight (8) hair stations, one (I) manicurelpedicure
station, and one (1) skin care station.
5. USES: The approved use is for a full service salon; appropriate uses shall include,
manicurelpedicw•e, and skin and hair care services, as limited by condition No. 'l.
6. SIGN ~ERMII: A sign permit is required for any new signs or any change of
existing signs.
7. CERTIPICA'TE OP USE AND OCCUPANCY: A Certificate of Use and
Occupancy must be obtained prior to commencement of use.
8. BUSINESS LICENSE; A business license is required iiom the 'Town of Los
Gatos Finance Department prior io commencement of use.
9. TOWN INDEMNITY; Applicants are notified that "Town Code Section 1.10.11.5
requires that any applicant who receives a permit or entitlement from the Town
shall defend, indenutify, and hold harniless the Town and its officials in any
action brought by a third party to overturn, set aside, or void the permit or
entitlement This requirement is a condition of approval of all such permits and
entitlements whether m• not expressly set Ibrth in the approval.
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