1984-156-Granting Appeal of Planning Commission Conditions Of Approval Of Architecture And Site Application And Granting Appeal Of Building Official Decision Requiring Sanitary Facilities For The Handicapped-Old TownRESOLUTION NO. 1984 -156
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
CONDITIONS OF APPROVAL OF ARCHITECTURE AND SITE APPLICATION
AND GRANTING APPEAL OF BUILDING OFFICIAL DECISION
REQUIRING SANITARY FACILITIES FUR THE HANDICAPPED
(50 University Avenue - Old Town)
WHEREAS:
1. Helen Mendel, Marketing /Operations Manager of Old Town, has filed
an appeal on behalf of Old Town as follows: approval of Site and
Architecture Application S -84 -39 for construction of an exterior wall of
the Veranda Restaurant (located at 50 University Avenue) including four
conditions, one of which required modification of the existing sanitary
facilities at the Veranda Restaurant to meet handicapped accessibility
requirements; and
2. The appeal is also from the decision of the Building Official
requiring accessible sanitary facilities at the Veranda Restaurant as part
of the building permit for the exterior wall; and
3. A public hearing was held by the Town Council on August 20, 1984.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the decision of the Planning
Commission should be modified because of the following:
a. Since the Planning Commission action on June 27, 1984 the
condition placed on Conditional Use Permit Application U -84 -72 for the
Veranda Restaurant at 50 University Avenue requiring handicapped
accessible sanitary facilties was appealed to the Town Council and a final
decision thereon rendered August 6, 1984;
b. The final decision of the Town Council on the appeal of the
Planning Commission decision was to deny the appeal and to require the
Veranda Restaurant to provide handicapped accessible sanitary facilities.
c. The appeal of Old Town represents a unique case whereby the
owner of the restaurant requiring a conditional use permit and the owner
of the building simultaneously requiring Architecture and Site permission
are not the same;
d. The conditions placed on the conditional use permit U -84 -12
are appropriate conditions for a restaurant conditional use permit rather
than on an architecture and site application; and
e. The objective of providing handicapped accessible sanitary
facilities is achieved by requiring the Veranda Restaurant to provide said
facilities.
2. The Town Council hereby finds that the decision of the Building
Official should be modified because of the following:
a. The Veranda Restaurant already is required to provide
handicapped accessible sanitary facilities at the Veranda Restaurant
by Town Council decision on August 6, 1984; and
b. The objective of providing handicapped accessible sanitary
facilities is achieved by requiring the Veranda Restaurant to provide said
facilities as part of its building permit.
3. Based on the foregoing findings, the following decision is hereby
made:
a. The appeal of the Planning Commission decision is granted and
the conditions placed on Architecture and Site Application S -84 -39 are
hereby removed.
b. An appeal of the Building Official decision is granted and
the building permit for the exterior wall of the Veranda Restaurant hereby
is modified to delete the requirement of providing handicapped accessible
sanitary facilities in the Veranda Restaurant.
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 t e day of September 1984 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, and Mayor
Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS Brent N. Ventura
ABSENT: COUNCILMEMBERS None
f
SIGNED:v,z ,a a
MAYOR OF ,TFA T WN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GA