1998-001 - Granting an appeal of Planning Commission decision denying an Alcoholic Beverage Control License to sell Beer and Wine to Los Gatos Meadows Residents on property in the RPD ZoneRESOLUTION 1998 -1
ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING AN ALCOHOLIC BEVERAGE CONTROL LICENSE TO SELL
BEER AND WINE TO LOS GATOS MEADOWS RESIDENTS AND THEIR GUESTS ON
PROPERTY IN THE RPD ZONE
PROJECT APPLICATION: 110 WOOD ROAD
APPELLANT: JAMES P. HEMPLER
WHEREAS:
A. This matter came before the Council for public hearing on December 15, 1997, on an
appeal by the appellant from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant 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
of material contained in the Council Agenda Report dated December 11, 1997, concerning this
application.
C. On November 12, 1997 the Planning Commission denied the appeal on the basis that
the Commission does not have the power to grant the request as it would require a change and an
amendment to the Planned Development Ordinance. The Commission requested that the appellant
consider other ways to serve beer and wine that would not require an ABC license (i.e. wine locker).
D. The Planned Development Ordinance for the property was approved on March 4,
1968 and rezoned the property to RPD (Residential Planned Development). The Ordinance did not
specify the use for the site; however, Resolution 71 -12 stated that the use was for a retirement
residential facility. The components of this issue were not specified.
E. Appellant is appealing the Planning Commission's decision because the Planning
Commission did not have the discretion to modify or address the matter that is vested in the Town
Council.
F. The Planning Commission did not have the discretion possessed by the Town Council
to determine whether the use specified in the Planned Development Ordinance for the property allows
the sale of beer and wine. The Town Council, having such discretion, concludes that the Planned
Development Ordinance for the property does allow for the sale of beer and wine.
RESOLVED:
1. The appeal of the decision of the Planning Commission on the property located at 110
Wood Road is therefore granted.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought within the time limits and
pursuant to the procedures established by Code of Civil Procedure section 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 5th day of January, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None !`
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA