1987-191-Denying A Nonconforming Restaurant Use Has Been Intensified By Increasing Hours Of OperationRESOLUTION 1-40: 1987 -191
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION
THAT A NONCONFORMING RESTAURANT USE HAS BEEN INTENSIFIED BY
INCREASING HOURS OF OPERATION AND APPEAL OF CERTAIN CONDITIONS
OF APPROVAL OF ARCHITECTURE AND SITE APPLICATION FOR EXTERIOR
MODIFICATIONS
(235 SARATOGA AVENUE - ANTON JULIUS)
WHEREAS:
1. Anton Julius has appealed a decision of the Planning Commission
as follows: A nonconforming restaurant use has been intensified by
increasing the hours of operation (U- 87 -11) and approval of Architecture
and Site Application S- 72 -65 -A to make exterior modifications on property
located at 235 Saratoga Avenue and owned by Linda Ball for business owned
by Anton Julius; and
2. A public hearing was held by the Town Council on October 19,
1987.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that decision of the Planning
Commission was correct that the nonconforming restaurant use has been
intensified by increasing hours of operation, and that the hours shall be
reduced to the previous hours of 10:00 a.m. to 11:00 p.m. and that if the
hours are not reduced, the restaurant has become unlawful in accordance
with Section 3.50.030 of the Zoning Ordinance. The Council finding
concerning the decision of the Planning Commission is made without
prejudice to the appellant if he files an application for a Conditional
Use Perrlit.
2. The Town Council further finds that the decision of the Planning
Commission was correct concerning the conditions of the Architecture and
Site Application.
3. Based or) the foregoing, the appeal is denied as follows:
a. if the Appellant wishes to increase the hours to include
breakfast, then Appellant shall file an application for a
conditional use permit for the intensified use to be
reviewed under the policies of the General Plan and the
Downtown Specific Plan and the provisions of the Zoning
Ordinance.
A
b. Architecture and Site Approval is granted subject to the
following conditions:
1. The canopy shall be carried across the south side of
the building.
2. Additional landscaping shall be installed along the
Tait Avenue frontage adjacent to the trash enclosure,
to the satisfaction of the Director of Parks, Forestry
and Maintenance Services and the Planning Director.
3. The two parking spaces below the bedroom window of the
adjacent residence at 334 Tait Avenue shall be blocked
off and landscaped, to the satisfaction of the Planning
Director.
4. Missing or broken redwood slats in the trash enclosure
gates shall be replaced; or, trash enclosure modified
or changed to satisfaction of the Planning Director.
5. All the above work required as Conditions of Approval
shall be corspleted prior to 5.00 p.na., January 1, 1958.
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6. Lids shall remain on trash containers at all times
unless trash containers are being emptied or
filled.
7. Hours of operation shall be from 10:00 a.m. -
11 :00 P.M.
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 16 day of a November
1987 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin Thomas J. Ferrito
Robert L. Hamilton, and Vice -Mayor Eric D. Carlson
Nu'ES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Brent N. Ventura
SIGNED:_
VICE- IiAYOR OF THE TOW14 OF LOS GATOS
ATTEST:
CLE
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