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1986-068-Approving Withdrawal Of Conditional Use Permit Application And Granting Appeal Of Architecture And Site Application To Allow Additional Time For Completion Of Handicapped Accessibility RequirementsRESOLUTION NO. 1986 -68 RESOLUTION APPROVING WITHDRAWAL OF CONDITIONAL USE PERMIT APPLICATION AND GRANTING APPEAL OF ARCHITECTURE AND SITE APPLICATION TO ALLOW ADDITIONAL TIME FOR COMPLETION OF HANDICAPPED ACCESSIBILITY REQUIREMENTS (115 North Santa Cruz Avenue - Chart House) WHEREAS: 1. Lewis Jackson, on behalf of CHE, Inc., dba The Chart House, has appealed a decision of the Planning Commission approving Conditional Use Permit Application U -85 -4 and Architecture and Site Application S- 72 -120C concerning the restriction of operating hours and the time allotted for installation of handicapped access ramp on property located at 115 North Santa Cruz Avenue on property owned by CHE., Inc., dba The Chart House; 2. A public hearing was held by the Town Council on May 5, 1986. IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the applicant has requested withdrawal of the application for a conditional use permit and understands that the application fee will be forfeited; 2. The Town Council further finds the applicant has one (1) year to complete the improvements under the architecture and site approval pursuant to Town Zoning Ordinance Section 5.30.140; 3. Based on the foregoing findings, the Town Council accepts the applicant's withdrawal of conditional Use Permit Application U -85 -4; 4. Based on the foregoing findings the Town Council modifies Architectural and Site Application S- 72 -120C to grant said application with the following conditions: a. The foundation of the restroom addition shall be pier and beam or other suitable construction to reduce impact on the existing redwood tree; b. Victory Lane shall be paved along the rear property line a distance of approximately 95 -100 feet and 16 -18 feet wide with asphaltic concrete pavement, areas of potholes and deteriorated pavement including sub -base shall be repaired prior to the pavement overlay, and the walkway at the existing redwood tree which is cracked and broken shall be repaired, to the satisfaction of the Town Engineer; C. The building shall be made to meet State handicapped accessibility requirements (ramp and restroom) by no later than May 5, 1987. Applicant to post a performance bond and to pull the building permit by January 1, 1987. d. Drainage improvements to try to eliminate drainage from rear of Charthouse onto Victory Lane shall be completed to the satisfaction of Town Engineer. 5. Notwithstanding the withdrawal of the conditional use permit application the use of the property as a restaurant is non-conforming and a conditional use permit is required prior to August 31, 1997. Pursuant to Los Gatos Town Code Section 1-15, the time for seeking judicial review for 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, California, held on the 19th day of May 1986 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson Thomas J. Ferrito, and Mayor Terrence J. Daily NOES: COUNCILMEMBERS None ABSTAIN ABSENT: SIGNED: ATTEST: COUNCILMEMBERS Brent N. Ventura CLERK OF THE roWN OF LOS G rl�