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