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1997-008-Denying A Conditional Use Permit Request To Operate A Retail Food Store And Restaurant With Outdoor Seating On Property Zone C-2RESOLUTION 1997 - 8 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF PLANNING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT REQUEST TO OPERATE A RETAIL FOOD STORE AND RESTAURANT WITH OUTDOOR SEATING ON PROPERTY ZONED C -2. PROPERTY LOCATED AT: 22 S. SANTA CRUZ AVENUE, SUITE A. PROPERTY OWNER: PACIFIC PROPERTIES. APPLICANT: LOS GATOS PASTAIO, INCORPORATED. APPELLANTS: JOHN J. ARDIZZONE & RICHARD R. ARDIZZONE, LOS GATOS PASTAIO, INCORPORATED. WHEREAS: A. This matter came before the Council for public hearing on January 6, 1997, on an appeal by the applicant from a decision of the Planning Commission and was regularly noticed n conformance with State and Town law. B. The Council received testimony and documentary evidence from the property owners 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 January 3, 1997, concerning this application. C. The applicant is requesting approval to operate a 792 square foot, small take -out business serving high quality food, drinks and desserts. Twelve outdoor seats are proposed, though no table service will be provided. The property is currently occupied by a nail salon. D. With a high concentration of restaurants in the Downtown area, Ordinance 2021 was enacted to prevent the displacement of valuable retail space, and the applicant is encouraged to find a location that is an existing restaurant. E. The Planning Commissions decision was correct. RESOLVED: The appeal of the decision of the Planning Commission on Project Application PFJ -96 -97 is therefore denied. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure § 1094.6 as adopted by § 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 § 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 21 st day of January, 1997 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNED � i AL4 MAYOR OF TIO OF LOS GATOS LOS GATOS, CALIFO &A ATTEST: C�Le,2�t'.rcc.) CLERK OF THE TOWN (bF /,LOS GATOS LOS GATOS, CALIFORNIA