1984-131-Granting Appeal From Planning Commission Decision To Approve Conditional Use Permit Application-Gilley's Coffee ShopRESOLUTION NO. 1984 -131
RESOLUTION GRANTING APPEAL FRO14 PLANNING COMPIISSION
DECISION TO APPROVE CONDITIONAL USE PERMIT APPLICATION
(4 "7 North Santa Cruz Avenue-- Gilley's Coffee Shop)
Wi1EREAS:
1. Peter Siemens has appealed a decision of the Planning Commission
as follows: approving Conditional Use Permit Application U -84 -10 for
service of beer and wine in an existing restaurant at 47 North Santa Cruz
Avenue;
2. A public hearing was held by the Council on July 16, 19 84.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred
in their decision as follows:
a. One or more of the Planning Commissioners thought the Police
Department was not recommending against the approval when the Police
Department actually was recommending against the approval and stating
conditions to be imposed should the Planning Commission approve the sale
of beer and wine;
b. The Planning Commission did not consider the cumulative impact
of new approvals of sale of alcoholic beverages in the Central Business
District;
c. The use is not desirable as another alcoholic beverage:
service, in that there are currently several alcoholic beverage services
in the Central Business District;
d. The expansion of the use to include the sale of beer and wine
will encourage a single purpose downtown use, attracting non =residents,
rather than a resident - serving purpose.
2. The Council further finds as follows:
a. The proposed use is not in harmony with the Downtown Specific
Plan, Section II, Land Use Policies 13, in that the applicant did not
demonstrate that the sale of beer and wine would not impact traffic and
public safety problems; and
b. The Police Department is recommending against the approval of
the sale of beer and wine because such approval could potentially increase
alcohol beverage - related criminal activity in the Central Business
District to the higher levels experienced in the 1970s.
3. Based on the foregoing findings, the appeal is granted as to the
service of beer and wine and the conditional use permit is modified as
follows:
Approval of Conditional Use Permit Application U -84 -10 is subject
to the following conditions:
a. A maximum of 42 seats shall be approved for this location.
b. The hours of operation shall be as follows:
Daily
6:00 a.m.
to
5:00 a.m.
Friday
7:00 a.m.
to
4:00 a.m.
(Saturday)
Saturday
7:00 a.m.
to
4:00 a.m.
(Sunday)
4. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review of 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 held on theme day of August , 1984 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric
NOES:
D. Carlson, Terrence J. Daily, Brent
N. Ventura, and Mayor Thomas J. Ferrito
COUNCILMEMBERS None
ABSTAIN: COUNCILMEIMBERS None
ABSENT: COUNCILHEMBERS None
i'
SIGNED:
z4—
nA YOR OF TH OWN OF LOS GATOS
t
ATTEST:
CLERK OF THE TOWN OF LOS GA 11S
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