1989-059-Denial Of Conditional Use Permit Application Requesting Permission To Operate A Restaurant With The Sale Of Beer And Wine And Outdoor Seating On Property In The LM ZoneRESOLUTION NO: 1989-59
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL
OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE
PERMIT APPLICATION REQUESTING PERMISSION TO OPERATE A
RESTAURANT WITH THE SALE OF BEER AND WINE AND OUTDOOR
SEATING ON PROPERTY IN THE LM ZONE
(542 -548 NORTH SANTA CRUZ AVENUE - AND CHILIS TAMALE FACTORY)
WHEREAS:
1. Terry McElroy has appealed a decision of the Planning Commission
as follows: denial of Conditional Use Permit Application U -88 -7 requesting
permission to operate a restaurant with the sale of beer and wine and outdoor
seating on property in the LM zone located at 542 -548 North Santa Cruz Avenue
and owned by All California Title Co. and applicant is James Joseph Connor /And
Chilis Tamale Factory;
2. A public hearing was scheduled by the Town Council for December
19, 1988 and continued to and held on January 3,1989 and continued to and held
on April 17, 1989•
BE IT RESOLVED:
1. The Town Council hereby finds that the applicant And Chilis is no
longer interested in the application and that the appeal is hereby moot.
2. The Town Council further finds that the reason for the appeal no
longer exists in that it is no longer possible for the applicant to claim
transfer of traffic trips as a basis for the appeal in that the applicant And
Chilis has moved from its location at 363 Los Gatos Boulevard.
3. The Town Council further finds that the Council may not act
because plans for a specific restaurant and seating would have to be submitted
and reviewed by the Planning Commission.
4. Based on the foregoing, the appeal is hereby denied and
Conditional Use Permit Application U -88 -7 is hereby denied.
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 1st day of May
1989 by the following vote.
AYES: COUNCIL MEMBERS Robert L. Hamilton, Brent N. Ventura,
Thomas J. Ferrito, Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS E 'c D. Carlson
SIGNED:
M/ R OF THE TOW I LO ' GATOS
ATTEST:
CLERK OF THE TOWN OF LOS, ATOS
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