1985-077-Granting Appeal From Planning Commission Decision Revoking Use And Occupancy Certificate And Reinstating Said CertificateRESOLUTION NO. 1985-77
RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION DECISION
REVUK114G USE AND OCCUPANCY CERTIFICATE AND REINSTATING SAID
CEKIIFICATE
(15405 Los Gatos Boulevard - ENCORE)
WHEREAS:
1. Carol Heath has appealed a decision of the Planning Commission as
follows: revocation of a Use and occupancy Certificate previously granted
for a beauty salon located at 15405 Los Gatos Boulevard; and
2. A public hearing was set for March 16, 1985, continued to April
15, 1985, and held on May b, 1985.
If IS HEREBY RESOLVED;
1. The Town Council hereby finds that the Planning Commission
decision should be reversed based on the following new information
presented at the public hearing: the appellants beauty salon will not be
in violation of Zoning Ordinance Section 1.00.80 as a sex studio, because
it will not fall within the definition of Section 2.UO.428(a) as a massage
establishment, in that massage activities at the salon will be conducted
by a registered physical therapist.
2. The Town Council further finds that based on the new information
the grounds for revocation of the Use and Occupancy Certificate pursuant
to Zoning Ordinance Section 5.30.130 no longer exist.
3. Based on the foregoing findings, the appeal is granted and the
Certificate of Use and Occupancy is reinstated.
4. Pursuant to Los Gatos Town Code Section 1-15, the time for seeking
judicial review of the Town Council decision is governed by 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 ---2TttT day of May, 1985, by the
following vote:
AYES: COUNCILMEMBERS Terrence J. Daily, Thomas J.
NOES
ABSENT:
ABSTAIN:
ATTEST:
CLERK OF THE TOWN OF LOS GA;gS
Ferrito, Brent N. Ventura, and Mayor Joanne
Beniamin
COUNCILMEMBERS None
COUNCILMEMBERS Eric D. Carlson
COUNCILMEMBERS None
SIGNED :,
r6 OF TH TOW OF LQ GA OS
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