1992-187-Denying An Appeal Of A Decision Of The Planning Commission Denying A Building Permit For Tenant Improvements And Retrofit Work On A Nonconforming Building In The LM ZoneRESOLUTION 1992 -187
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A BUILDING PERMIT FOR TENANT
IMPROVEMENTS AND RETROFIT WORK ON A NONCONFORMING
BUILDING IN THE LM ZONE
(LOCATED AT 553 N. SANTA CRUZ AVENUE /PROPERTY OWNER HERCULE
GOULART/ APPELLANT, TERRY McELROY)
WHEREAS:
A. Property owner, Hercule Goulart, applied for a building permit for tenant
improvements and retrofit work on a building in the LM zone which is non - conforming
because of failure to meet parking requirements;
B. The building permit application included replacement of a water damaged ceiling,
heating ducts, lighting, making the existing restroom handicapped accessible, dividing the
building into two separate tenant spaces, constructing a new restroom and making exterior
changes to create a separate store front;
C. The Planning Director determined that the repairs to lighting, heating ducts
and making the restroom handicapped accessible were permissible maintenance and
improvements of a non - conforming building;
D. The Planning Director determined that creating two retail spaces from one,
creating an additional store front and entrance and constructing a separate restroom
constitutes an intensification and improvement contrary to Town Code Section 29.10.195(g)
and denied the building permit application for these improvements;
E. Appellant appealed the Planning Director's denial to the Planning
Commission which upheld the Director's denial on August 26, 1992
F. Applicant appealed the Planning Commission's decision; and
G. The Town Council held a public hearing on September 21, 1992.
RESOLVED:
The Town Council finds that the Planning Commission did not err in denying a
permit for construction of a second restroom and exterior modifications for an additional
store front and front door to create two tenant spaces. Although these improvements would
not be deemed intensification under currently applicable formulae for determining traffic
improvements and parking requirements, two tenants in this building could create a greater
traffic problem with potential impact on neighborhood parking and traffic. The Town
Council finds further that permitting a single building owner to make improvements to this
non - conforming building would be inequitable in light of the significant expense and
inconvenience to numerous other property owners of non - conforming structures in the area
who have met the parking requirements or limited work on their buildings to maintenance
rather than improvements.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of October, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Brent N. Ventura
NAYS: None
ABSENT: Mayor Eric D. Carlson
ABSTAIN: Joanne Benjamin
SIGNED: �
OF LOS
9CE-MAYOR OF E TOWN
GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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