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1998-001 - Granting an appeal of Planning Commission decision denying an Alcoholic Beverage Control License to sell Beer and Wine to Los Gatos Meadows Residents on property in the RPD ZoneRESOLUTION 1998 -1 ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN ALCOHOLIC BEVERAGE CONTROL LICENSE TO SELL BEER AND WINE TO LOS GATOS MEADOWS RESIDENTS AND THEIR GUESTS ON PROPERTY IN THE RPD ZONE PROJECT APPLICATION: 110 WOOD ROAD APPELLANT: JAMES P. HEMPLER WHEREAS: A. This matter came before the Council for public hearing on December 15, 1997, 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 applicant 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 December 11, 1997, concerning this application. C. On November 12, 1997 the Planning Commission denied the appeal on the basis that the Commission does not have the power to grant the request as it would require a change and an amendment to the Planned Development Ordinance. The Commission requested that the appellant consider other ways to serve beer and wine that would not require an ABC license (i.e. wine locker). D. The Planned Development Ordinance for the property was approved on March 4, 1968 and rezoned the property to RPD (Residential Planned Development). The Ordinance did not specify the use for the site; however, Resolution 71 -12 stated that the use was for a retirement residential facility. The components of this issue were not specified. E. Appellant is appealing the Planning Commission's decision because the Planning Commission did not have the discretion to modify or address the matter that is vested in the Town Council. F. The Planning Commission did not have the discretion possessed by the Town Council to determine whether the use specified in the Planned Development Ordinance for the property allows the sale of beer and wine. The Town Council, having such discretion, concludes that the Planned Development Ordinance for the property does allow for the sale of beer and wine. RESOLVED: 1. The appeal of the decision of the Planning Commission on the property located at 110 Wood Road is therefore granted. 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 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 5th day of January, 1998 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None !` SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA