1996-058-Approve A Request To Add A Sunroom, Gazebo, And A Retail/Restaurant Use On Property In The C-1 ZoneRESOLUTION 1996 - 58
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A
REQUEST TO ADD A SUNROOM, GAZEBO, AND A RETAIL /RESTAURANT USE
ON PROPERTY IN THE C -1 ZONE.
CONDITIONAL USE PERMIT APPLICATION U -94 -7 AND
ARCHITECTURE AND SITE APPLICATION S- 76 -57A.
PROPERTY LOCATED AT 16268 LOS GATOS BOULEVARD.
PROPERTY OWNERS /APPLICANTS: CHAN AND WINNIE NG.
APPELLANT: M. SMITH.
WHEREAS:
A. This matter came before the Council for public hearing on April 15, 1996, on
an appeal from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law. The Council first considered the matter on December
4, 1995, and returned the application to the Planning Commission for further consideration
pursuant to Resolution 1995 -174
B. The Council received testimony and documentary evidence from the property
owners, 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 and documents attached to the Council
Agenda Reports dated April 2, 1996, concerning this application.
C. The issues for which the application was returned to the Planning Commission
were not adequately addressed: the hours of operation remain the same; the proposed uses on
the site remain undefined; and there is no resolution to the neighbor disagreement on the
easements.
D. A restaurant use on this site does not appear appropriate.
E. The direction of the current planning effort on the Los Gatos Boulevard Plan
indicates that restaurant use south of Shannon Road is not appropriate.
F. Approval of the application might lead to additional confusion on the unresolved
easement issue.
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D. The Commission abused its discretion in approving the application under these
circumstances, and further, the Council has the ultimate policy discretion to determine whether
a particular use under a conditional use permit is appropriate.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U -94 -7 and Architecture and Site Application S- 76 -57A is therefore granted, and
Conditional Use Permit Application U -94 -7 and Architecture and Site Application S -76 -57A is
denied.
This 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 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 6th day of May, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
CLERK OF THE TOWN OF
LOS GATOS, CALIFORNIA
LOS GATOS
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