Loading...
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 �,vE MAO OF L T �h LOS - ATOS ATTEST: � DEPUTYCLER 0Or THE TO F LOS GATOS -2-