Loading...
1989-056-Referring To Planning Commission The Request For Permission To Intensify A Non-Conforming Restaurant Use Increase Hours Of Operation On Property On The C-2 ZoneRESOLUTION NO: 1989 -56 RESOLUTION OF THE TOWN OF LOS GATOS REFERRING TO PLANNING COMMISSION THE REQUEST FOR PERMISSION TO INTENSIFY A NON - CONFORMING RESTAURANT USE INCREASING HOURS OF OPERATION ON PROPERTY IN THE C -2 ZONE (235 SARATOGA AVENUE - ANTON JULIUS) WHEREAS: 1. On November 2, 1987 the Town Council adopted Resolution No. 1987 -191 denying appeal of Planning Commission decision that a non - conforming restaurant use has been intensified by increasing hours of operation thus became unlawful and appeal of certain conditions of approval of Architecture and Site Application for exterior modifications; and 2. On February 16, 1988, Anton Julius, dba The Diner of Los Gatos, filed a petition for writ of mandate in the Superior Court of Santa Clara County and the court issued an alternative writ of mandamus ordering the Town to set aside its decision of November 2, 1987 or, in the alternative, show cause why it should not do so and the hearing on the alternative writ is set for July 21, 1989; and 3. On January 13, 1988, the applicant applied for Conditional Use Permit U- 87 -IIA to intensify a non - conforming restaurant use by increasing the hours of operation; and 4. Application U- 87 -11A is pending before the Planning Commission which has not acted on the application because the potential revision of the Town's traffic policy could impact the application; and 5. Said application is scheduled to be heard before the Planning Commission on May 10, 1989; and 6. On February 13, 1989, the Town Council requested the matter be brought from the Planning Commission to be heard by the Town Council; and 7. A public hearing was held by the Town Council on March 20, 1989. RESOLVED: 1. The Town Council hereby finds that this application should be considered as quickly as possible by the Planning Commission whether or not there is any modification to the Town's traffic policy. 2. The Town Council hereby further finds that the operation of the restaurant prior to 10 a.m. is illegal and enforcement should be commenced by the Town Attorney. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 24 day of April 1989 by the following vote. AYES: COUNCIL MEMBERS Eric D. Carson Brent N. Ventura Thomas J. Ferrito Robert L. Hamilton NOES: COUNCIL MEMBERS Mayor Joanne Benjamin ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: ATTEST: r CLERK OF THE TOWN OF,(LOS GATOS -2- YOR OF THE TOWN F LOS GATOS