1998-068-Approving Conditional Use Permit To Operate A New Restaurant With Outdoor Seating And The Service Of Beer And Wine At The Site Of An Existing Unlawful Restaurant On Property Zoned C-2RESOLUTION 1998 - 68
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A CONDITIONAL USE PERMIT TO OPERATE A NEW RESTAURANT
WITH OUTDOOR SEATING AND THE SERVICE OF BEER AND WINE AT THE SITE
OF AN EXISTING UNLAWFUL
RESTAURANT (VILLAGE HOUSE) ON PROPERTY ZONED C -2.
PROJECT APPLICATION: PRJ -98 -010
PROPERTY LOCATION: 320 VILLAGE LANE
PROPERTY OWNER/APPLICANT: EASTFIELD MING QUONG, INC.
APPELLANT: ALAIN STAEBLER
WHEREAS:
A. This matter came before the Council for public hearing on May 4, 1998, on an appeal
by the appellant 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 April 23, 1998 and the
addendum dated April 30, 1998, concerning this application.
C. On March 25, 1998 the Planning Commission approved the application to operate
a new restaurant with outdoor seating and the service of beer and wine at the site of an existing
unlawful restaurant (Village House) on property zoned C -2.
D. Appellant is appealing the Planning Commission's decision because the decision to
approve the application was made without adequate information.
E. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -98 -010 is
therefore denied.
2. 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 forjudicial relief from this decision must be sought 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 18th day of May, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L6, �SGATOS
LOS GATOS, CALIFORNIA