1995-064-Deny A Request To Maintain An Eight Unit Apartment Complex In The C-1 ZoneRESOLUTION 1995 -64
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST TO
MAINTAIN AN EIGHT UNIT APARTMENT COMPLEX IN THE C -1 ZONE INSOFAR
AS TO CONTINUE THE APPEAL FOR A PERIOD OF SIX (6) MONTHS AND TO ALLOW
THE CURRENT USE THAT IS NOT PERMITTED BY CURRENT ZONING TO CONTINUE
DURING THAT TIME, SUBJECT TO CONDITIONS;
CONDITIONAL USE PERMIT APPLICATION U -94 -4
(PROPERTY LOCATED: 664 N. SANTA CRUZ AVENUE/
PROPERTY OWNER: R &M PROPERTIES)
WHEREAS:
A. This matter came before the Council for public hearing on October 3, 1994, on an
appeal by the Applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. The matter was continued to November 7, 1994, to
ensure that 5 Councilmembers would be present to hear the appeal. After public hearing on
November 7, 1994, the matter was continued to January 3, 1995, to permit the Applicant to go to
the Development Review Committee and determine what conflicts with the Town Code might
exist on the property.
B. On January 3, 1995, after public hearing and with direction to the Applicant, the
Council continued the matter to May 1, 1995, for further hearing. At the May 1, 1995, Council
meeting, the Applicant was not present when the matter was called for public hearing, so the
Council continued the matter to May 15, 1995.
C. At each of the hearings on this matter, 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 and documents attached to the
Council Agenda Reports dated September 28, 1994, October 27, 1994, November 4, 1994,
December 28, 1994, January 3, 1995, and April 26, 1995, concerning this application.
D. The chronological outline of events regarding this property as detailed in the May
10, 1995, Council Agenda Report is adopted as accurate.
E. Applicant has obtained a site inspection of the property by a Town building
inspector on February 2, 1995, which identified some deficiencies. Applicant has also paid
rental mediation fees and business license taxes to bring them current. Applicant has presented
plans to the Conceptual Development Advisory Committee of a retail /office redevelopment of
the site.
F. Applicant has expressly assured the Council that smoke detectors have been
installed in all units except one.
G. Applicant has expressly represented to the Council that the units are being rented
at prices ranging from $400 to a maximum of $700 per month, or an average of about
$475 /month for the 8 units, and which Applicant represents are affordable rents.
H. Applicant has expressly assured the Council that it intends to proceed with the
filing in 6 to 8 weeks (or by July 15, 1995) and processing of plans to rezone and redevelop the
property in conformance with the presentation made to the Conceptual Advisory Committee on
April 26, 1995.
I. Applicant has expressly assured the Council that the units meet all minimum
health and safety requirements of the Uniform Housing Code. The requirement for specific
window egress and ingress does not meet Section 3320 of the Uniform Building Code, and
Applicant has acknowledged that situation, and the Building Official has determined that the
change in use from motel to apartment does not constitute an intensification of use that would
trigger the technical requirement to conform to Section 3320, which was not in effect at the time
the building was constructed in the early 1950's.
J. It appears that the interim preservation of affordable housing stock is a compelling
reason to grant Applicant the special privilege of continuing a use that is not permitted by current
zoning for a short period of time until the Applicant can process the application for
redevelopment of the property subject to the conditions set forth in this resolution.
K. The Planning Commission did not have authority to grant this special privilege to
Applicant, and the Council has received the new information that the Applicant has apparently
brought the units to minimum health and safety conditions.
RESOLVED:
The appeal of the decision of the Planning Commission on Conditional Use
Permit Application U -94 -4 is granted but only insofar as is expressly provided in this resolution:
a. By no later than July 1, 1995, Applicant shall complete all correction work required by
the Building Official and receive final, written clearance from the Building Department.
b. By no later than July 15, 1995, Applicant shall complete all necessary paperwork with
the Community Services Department to secure at least one of the rental units on the property as a
Below Market Price Unit.
c. This matter is continued to January 16, 1996, for further hearing to determine whether
the Applicant has made sufficient progress in the processing and construction of the
redevelopment of the property to justify an extension of this special privilege for a short period
of time.
2. Nothing contained in this decision shall be construed as constituting any precedent for
this Applicant, property, or any other property, and each application and property will be
considered on an individual basis with reference to the Town Code and General Plan.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of June, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick
O'laughlin
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: _
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
WSAAREMASONMRES