1995-126-Deny A Request For A Modification To An Existing Conditional Use Permit To Allow An Outdoor Freestanding Fireplace And A Revised Plan For A Retractable Awning FireplaceRESOLUTION 1995 - 126
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST
FOR A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW
AN OUTDOOR FREESTANDING FIREPLACE AND A REVISED PLAN FOR A
RETRACTABLE AWNING ON PROPERTY IN THE C -2 -LHP ZONE
AND RETURNING APPLICATION TO DEVELOPMENT REVIEW COMMITTEE FOR
FURTHER REVIEW
CONDITIONAL USE PERMIT APPLICATION U -95 -6
(PROPERTY ADDRESS: 208 BACHMAN AVENUE
PROPERTY OWNER: BERT MILLEN
APPLICANT: HANNEGAN'S RESTAURANT
WHEREAS:
A. This matter came before the Council for public hearing on August 7, 1995, on an
appeal by the applicant 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 property
owners 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 attached to the Council Agenda Report dated August 3,
1995, concerning this application.
C. At the public hearing, the Council received a new drawing and testimony from the
applicant showing an enhanced awning design. That was information that neither the
Development Review Committee nor the Planning Commission had received or could have
received.
D. It appears that the design issues regarding the fireplace and awning could be worked
out at the staff level with recognition of noise issues.
E. Questions of conformance with approvals regarding the service bar or seating in
the outdoor area should be addressed through the normal Town enforcement process.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision Application
M -95 -4 is granted insofar as the application is returned to the Development Review Committee
for further review of the design issues regarding the fireplace and awning pursuant to this
Resolution and their relationship to noise issues.
2. The application will not receive any further review by the Historic Preservation
Committee.
3. Should the application be resolved at the Development Review Committee, the
Planning Director will report the results of that resolution to the Council.
4. Should the application not be resolved at the Development Review Committee, the
application will be returned directly to the Council for decision.
5. This resolution does not constitute a final decision by the Town.
6. This decision does not and shall not constitute any precedent in the Downtown or
anywhere else in the Town, or as to any historic structure, and the Town shall continue to
examine applications on a specific site, design, and historic use basis under the Town Code and
Town policies.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of September, 1995 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
None
None
fIT
SIGNED: k1 N
MAYOR OF THE TOW+OLOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r _
CLERK OF THE TOWN OF Ll GATOS
LOS GATOS, CALIFORNIA
I