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