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1988-141-Denial Of Permission To Intensify A Nonconforming Restaurant Use By Increasing The Hours Of Operation On Property In The C-2 ZoneRESOLUTION NO: 1988 -141 RESOLUTION REMANDING TO PLANNING COMMISSION APPEAL OF PLANNING COMMISSION DENIAL OF PERMISSION TO INTENSIFY A NONCONFORMING RESTAURANT USE BY INCREASING THE HOURS OF OPERATION ON PROPERTY IN THE C -2 ZONE (235 SARATOGA AVENUE - ANTON JULIUS) WHEREAS: 1. Duane J. Perry, counsel, has filed an appeal on behalf of Anton Julius as follows: denial of Conditional Use Permit Application U- 8 7-11A, requesting permission to intensify a nonconforming restaurant use by increasing hours of operation on property in the C -2 Zone located at 235 Saratoga Avenue and owned by Linda Ball, application by Anton Julius; and •:: 2. A public hearing was held by the Town Council on June 20, BE IT RESOLVED: 1. The Town Council hereby finds that the applicant submitted a report on traffic impact that was not presented to the Planning Commission. 2. The Town Council hereby finds that the review of the application by the Planning Commission was not complete because it addressed only traffic issues. 3. Based on the foregoing finding, the Town Council hereby remands the application to the Planning Commission for consideration of the following: a. all possible issues related to the intensification of use; b. trading the increased hours for the reduction in seats; C. increased hours of operation on weekends only; and d. whether applicant can make a case that the proposed use does not violate the Town's traffic policy. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of July lggg by the following vote. AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton & Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Joanne Benjamin ABSENT: COUNCIL MEMBERS Eric D. Carlsonf SIGNED: / VI E--MAYOR OF THE TOWN/OF LOS GATOS j ATTEST: J 7 CLERK OF THE TOWN OF LOS GAT -2-