1986-068-Approving Withdrawal Of Conditional Use Permit Application And Granting Appeal Of Architecture And Site Application To Allow Additional Time For Completion Of Handicapped Accessibility RequirementsRESOLUTION NO. 1986 -68
RESOLUTION APPROVING WITHDRAWAL OF
CONDITIONAL USE PERMIT APPLICATION AND
GRANTING APPEAL OF ARCHITECTURE AND SITE
APPLICATION TO ALLOW ADDITIONAL TIME FOR
COMPLETION OF HANDICAPPED ACCESSIBILITY
REQUIREMENTS
(115 North Santa Cruz Avenue - Chart House)
WHEREAS:
1. Lewis Jackson, on behalf of CHE, Inc., dba The Chart House, has
appealed a decision of the Planning Commission approving Conditional Use Permit
Application U -85 -4 and Architecture and Site Application S- 72 -120C concerning
the restriction of operating hours and the time allotted for installation of
handicapped access ramp on property located at 115 North Santa Cruz Avenue on
property owned by CHE., Inc., dba The Chart House;
2. A public hearing was held by the Town Council on May 5, 1986.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the applicant has requested
withdrawal of the application for a conditional use permit and understands that
the application fee will be forfeited;
2. The Town Council further finds the applicant has one (1) year to
complete the improvements under the architecture and site approval pursuant to
Town Zoning Ordinance Section 5.30.140;
3. Based on the foregoing findings, the Town Council accepts the
applicant's withdrawal of conditional Use Permit Application U -85 -4;
4. Based on the foregoing findings the Town Council modifies Architectural
and Site Application S- 72 -120C to grant said application with the following
conditions:
a. The foundation of the restroom addition shall be pier and beam or
other suitable construction to reduce impact on the existing redwood
tree;
b. Victory Lane shall be paved along the rear property line a distance of
approximately 95 -100 feet and 16 -18 feet wide with asphaltic concrete
pavement, areas of potholes and deteriorated pavement including
sub -base shall be repaired prior to the pavement overlay, and the
walkway at the existing redwood tree which is cracked and broken shall
be repaired, to the satisfaction of the Town Engineer;
C. The building shall be made to meet State handicapped accessibility
requirements (ramp and restroom) by no later than May 5, 1987.
Applicant to post a performance bond and to pull the building permit
by January 1, 1987.
d. Drainage improvements to try to eliminate drainage from rear
of Charthouse onto Victory Lane shall be completed to the
satisfaction of Town Engineer.
5. Notwithstanding the withdrawal of the conditional use permit
application the use of the property as a restaurant is non-conforming and a
conditional use permit is required prior to August 31, 1997.
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 19th day of May
1986 by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson
Thomas J. Ferrito, and Mayor Terrence J. Daily
NOES: COUNCILMEMBERS None
ABSTAIN
ABSENT:
SIGNED:
ATTEST:
COUNCILMEMBERS Brent N. Ventura
CLERK OF THE roWN OF LOS G rl�