1984-223-Denying Appeal Of Planning Commission Decision Revoking Conditional Use Permit Application To Allow Outdoor Dining-Till House HotelRESOLUTION NO. 1984 -223
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION
REVOKING CONDITIONAL USE PERMIT APPLICATION
TO ALLOW OUTDOOR DINING
(120 South Santa Cruz Avenue- -Toll House Hotel)
WHEREAS:
1. Drew Baker, Manager of the Toll House Hotel, has appealed a
decision of the Planning Commission revoking Conditional Use Permit
Application U -76 -18 which allowed outdoor dining at the Toll House Hotel
owned by McKellar Development Company and located at 120 South Santa Cruz
Avenue in the C -2 zone;
2. A public hearing was held by the Town Council on December 3, 1984.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the findings of the Planning
Commission under Section 5.30.130 of the Zoning Ordinance were correct as
follows:
a. McKellar Development Company is and has been in violation
of the conditions of the permit to expand the existing
restaurant to an enclosed courtyard for outdoor dining
granted June 13, 1584 with the following conditions:
(1) The outdoor patio may have a maximum of 36 seats
and shall be used only as a dining area, not a
banquet or reception or conference area.
(2) The hours of operation shall be from 7:00 a.m. to
10:00 P.M. only.
(3) The applicant shall enter into a two -year main-
tenance agreement to maintain all the landscaping
on the site, to the satisfaction of the Town
Engineer.
(4) No music, entertaincaent or amplified sound shall
be allowed in the courtyard.
b. The Conditional Use Permit was attained by fraud because:
at the time of the imposition of the conditions on June 13,
1984 the hotel management knew that the Toll House Hotel
already had bookings which would violate the conditions;
furthermore, bookings violative of the condi- Lions were
being taken after June 13, 1984 up to September 1984;
C. The Toll House Hotel is violating and has violated
conditions of zoning approval and the use for which the
approval was granted is being exercised contrary to the
conditions of approval:
(1} Several functions were booked in the courtyard
until midnight;
(2) Amplified music emanated from the courtyard on
several occasions;
(3) In response to a complaint the Los Gatos Police
were in the courtyard on August 30, 1984 at 11:30
p.m. and observed a live band and 100 persons; and
d. The use for which the approval was granted is so exercised
as to be detrimental to public health and to be a nuisance
because the neighbors have been disturbed by loud music and
reverberation several times during the three months since
the permit was granted.
2. The Council further finds that at least one person who booked the
outdoor courtyard for a wedding in June 1985 had not been told nearly two
months after the revocation of the permit that such use is not allowed.
3. The Council further finds that the decision of the Planning
Commission on October 10, 1984 to revoke Conditional Use Permit
Application U -76 -1B was correct.
4. Based on the foregoing findings, the appeal is hereby denied.
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 the 17th day of December 1984 by
the following vote:
AYES:
COUNCILMEMBERS
Eric D. Carlson, Thomas J.
Ferrito, Brent
N. Ventura
and Mayor Joanne
Benjamin
NOES:
COUNCILMEMBERS
None
ABSTAIN:
COUNCILMEMBERS
None
ABSENT:
COUNCILMEMBERS
Terrence J.
Daily
SIGNED:
s?91
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DEPUTYCLER 0Or THE TO F LOS GATOS
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