1999-046-Denying Appeal Of A Planning Commission Decision To Approve Modification To A Conditional Use Permit For A Restaurant On Property Zoned C-2:PD:LPHRESOLUTION 1999 - 46
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO
APPROVE MODIFICATION TO A CONDITIONAL USE PERMIT FOR A RESTAURANT
ON PROPERTY ZONED C- 2:PD:LHP.
PROJECT APPLICATION: PRJ -98 -163
PROPERTY LOCATION: 31 UNIVERSITY AVENUE
APPLICANT: STEAMER'S SEAFOOD- GRILLHOUSE
PROPERTY OWNER: SRI OLD TOWN, LLC.
APPELLANT: STACY J. STEWART
WHEREAS:
A. This matter came before the Council for public hearing on March 15, 1999, on an
appeal by the appellant, Stacy J. Stewart, from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. The Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated February 26, 1999, concerning this
application.
C. On January 27, 1999 the Planning Commission approved the modification to the
Conditional Use Permit which permitted outside seating with the service of alcohol. The modification
was required to reflect Steamers new location and to eliminate the conditions that no longer pertain
to the use in the new location.
D. There is a separate Architecture and Site application pending before the Planning
Commission
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which deals with the configuration of the outside seating and other exterior changes to the building.
E. The stated grounds for the appeal are that the Planning Commission erred or abused
its discretion in considering the outdoor dining, which removes a portion of the walkway between the
two buildings at 31 University Avenue from public use and does not meet the intent of the Planned
Development ordinance.
F. The Planning Commission decision was correct.
G. Council notes Applicant's representation before both the Planning Commission and
Council that the outdoor dining will not exceed 70 linear feet, with a maximum number of ten tables.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
98 -163 is therefore denied.
2. With reference to the separate Architecture and Site application, the Planning
Commission
is directed as follows:
a. To keep the outdoor dinning area impermanent, unobtrusive and coordinated
with the overall Plaza design.
b. To consider the appropriate location for storage of all of the impermanent
outdoor dining features including, but not limited to the equipment, furniture and barriers.
C. To add a condition stating that the Town Council shall review all issues related
to the outdoor dining area in the event the Town has reason to believe that the applicant has
committed a minimum of three (3) violations of the Town Zoning Code with regard to the
configuration or operation of the outdoor dining area. In conducting such a review, the Council may
direct the Planning Director to recommend that the Planning Commission hold a hearing to consider
IPA
modifying or revoking the Conditional Use Permit and /or any other zoning approval related to the
operation of the outdoor eating area pursuant to Los Gatos Town Code §29.20.310.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought within the time limits and
pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter
time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of April, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MA
LOS
ATTEST:
CLERK OIL THE TOWN MOS GATOS
LOS GATOS, CAUFORN
GATOS
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