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RESOLUTION NO. 1128
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
TOWN OF LOS ALTOS HILLS, STATE OF CALIFORNIA,
DECLARING ITS INTENTION TO CONSIDER THE REVOCATION
OF THE CONDITIONAL USE PERMIT PREVIOUSLY GRANTED
TO ADOBE CREEK COUNTRY CLUB, AND SETTING TIME AND
PLACE ON HEARING THEREON, AND DIRECTING GIVING
OF NOTICE TO CORRECT BREACH AND FAILURE TO PERFORM
RESOLVED, by the City Council of the City of the Town of
Los Altos Hills, County of Santa Clara, State of California, that,
WHEREAS, heretofore the City Council of the City of the
Town of Los Altos Hills by adoption of Resolution No. 905 on
September 17 , 1975, granted to ADOBE CREEK COUNTRY CLUB, a
corporation organized under the general non-profit corporation
law of the State of California, a Conditional Use Permit pursuant
to subsection (d) of Section 9-5.703 of the Los Altos Hills
Municipal Code to operate and maintain a non-profit tennis and
swimming club on the real property described in the Use Permit,
and for the term specified therein; and
WHEREAS, Section 8 of the Conditional Use Permit, in part,
provides that
"If Permittee shall breach or fail to comply with the
conditions herein contained,..or any of them, this Use
Permit shall be revoked upon. the Town giving notice
in writing to Permittee of its intention to revoke,
and Permittee' s failure within ten (10) days of giving
such notice to correct the breach or to comply with
the conditions, as the case may be. . . " ; and
WHEREAS, the City Council has been advised that certain
conditions and requirements of the Conditional Use Permit have not
been performed or complied with; and
WHEREAS, the City Council has further been advised that
certain changes have been made in the management and operation of
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the ADOBE CREEK COUNTRY CLUB, a non-profit corporation, which call
into question whether in fact ADOBE CREEK COUNTRY CLUB is being
operated as a non-profit tennis and swimming club within the
meaning of subsection (d) of Section 9-5.703 of the Los Altos
Hills Municipal Code and Zoning Law of the City of the Town of
Los Altos Hills, respectively;
NOW, THEREFORE, BE IT RESOLVED as follows :
1. The City Council has been advised that the following
conditions and requirements of the Conditional Use Permit have
not been performed or complied with, as the case may be, by ADOBE
CREEK COUNTRY CLUB, a non-profit corporation, to wit:
a. The requirement that ADOBE CREEK COUNTRY CLUB
conduct all food and beverage operations itself except those outside
activities for which caterers are allowed.
b. The requirement that the Town by notified in
writing at least seventy-two (72) hours in advance of the holding
of any special Club event or outside activity involving one hundred
fifty (150) or;rmore persons.
c. The requirement that ADOBE CREEK COUNTRY CLUB
not receive more than ten (10) percent of its gross income during
any fiscal year from outside activities.
d. The requirement . that ADOBE CREEK COUNTRY CLUB
has on duty during all hours of operation a responsible employee,
and furnish to the Town a current roster of the names, addresses,
and telephone numbers of all responsible Club employees and officers.
e. The requirement that there be removed from Lot 1
described in the Conditional Use 'Permit the house trailer, existing
snack bar storage shed, picnic tables and barbecue ,facilities, and
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all of the buildings or structures thereon with the exception of
the private single-family dwelling.
f. By reason of the map or plat entitled "Adobe Creek
Country Club Plot Plan" , not having been accepted by the City
Council,, there have not been carried out or completedimprovements
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required as a result of the evaluation and plan of on-site circulation
and parking, nor have any requied corrective measures arising out
of the engineering evaluation of traffic movement limitations
resulting from vehicles waiting to enter the ADOBE CREEK COUNTRY
CLUB property during peak periods been complied with, nor has there
been deeded to the City of the Town of Los Altos Hills trail and path
easements described in the Conditional Use Permit.
2 . The City Council has been advised further that by
reason of changes in the management and operation of ADOBE CREEK
COUNTRY CLUB, it is no longer operated as a non-profit tennis and
swimming club, but rather is operated under the control of the private
club owner of the property and to whom all receipts therefrom are
paid.
3. The City Council hereby declares its intention to
consider the revocation of the Conditional Use Permit previously
granted to ADOBE CREEK COUNTRY CLUB, or taking other action in
connection therewith and does hereby set the hour of 7 : 30 o'clock
P.M. on the 2nd day of August, 1978, in the Council Chambers , Town
Hall, 263.79 Fremont Avenue, Los Altos Hills, California, as the
timeand place for the public hearing.
4 . The City Clerk is hereby ordered and directed to
cause notice of the Council' s declared intention to consider the
revocation of the Conditional Use Permit and notice that within
ten (10) days there be corrected the breaches of the Use Permit
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described above and, .further, that the conditions of the Use
Permit described above be complied with, and further that ADOBE
CREEK COUNTRY CLUB, INC. , take all necessary action to resume the
operation and control of ADOBE CREEK COUNTRY CLUB as a non-profit
tennis and swimming club, be given to ADOBE CREEK COUNTRY CLUB, INC.
in the following manner.
A copy of this Resolution which the City Council hereby
determines and finds ahll constitute the giving of notice as
required shall be personally served upon each of the officers and
directors of ADOBE CREEK COUNTRY CLUB, INC. , forthwith, or by
depositing such notice in the United States mail, postage prepaid,
addressed to each of the officers and directors of ADOBE CREEK
COUNTRY CLUB, INC. , at their respective last known places of
address.
REGULARLY passed and adopted this 7th day of June, 1978 .
if
M.,y0 , .
ATTEST:
City Clerk
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