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HomeMy WebLinkAbout1091 t • • RESOLUTION NO. 1091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS, STATE OF CALIFORNIA, DECLARING ADOBE CREEK COUNTRY CLUB TO BE IN BREACH OF AND TO HAVE FAILED TO PERFORM CONDITIONS OF USE PERMIT, 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 or- ganized 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, the City Council has been advised that certain condi- tions 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 the Adobe Creek Country Club, a non-profit corporation, which call into ques- tion whether in fact Abode Creek Country Club is being operated as a non-profit tennis and swimming club within the meaning of sub- section (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; and • • WHEREAS, under the terms and provisions of the Conditional Use Permit in the event Adobe Creek Country Club shall breach or fail to comply with the conditions therein contained, or any of them, it is required that Adobe Creek Country Club be given the opportunity within ten (10) days after the giving of notice to correct the breach or. to comply with the conditions., as the case , may be, NOW, THEREFORE, BE IT RESOLVED as follows : 1. The City Council has been advised that the following con- ditions 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. There has not been filed a map or plat entitled "Adobe Creek Country Club Plot Plan" , b. As a result of the failure to file the "Adobe 'Creek Country Club Plot Plan" there have not been carried out or completed any improvements required as a result of the evaluation and plan of on-site circulation and parking, nor have any required correc- tive 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 c. The landscaping work required to be performed under the landscape plan previously approved has not been completed, and thefaithful performance amount in the amount of $10 ,000 to guaran- tee implementation of the landscape plan has not been posted. -2- r i • d. There has not been provided to the City of the Town of Los Altos Hills an independent, _ unaudited financial statement for the prior fiscal year to be prepared by an independent certified public accountant approved by the City Council. e. The following requirements of either the Santa Clara County Health Department or the Los Altos County Fire Protection District, or both, have not been completed: i. Connection of the fire sprinkler system (supper club) to the new water line. ii. Installation of additional sprinkler heads in the supper club . iii. Installation of a hood with an extinguishing system over the cooking center. f. There has not been removed from Lot 1 described in the Conditional Use Permit the house trailer, existing snack bar : storage shed, picnic tables and barbecue facilities, and all of the build- ings or structures thereon with the exception of the private single family dwelling. g. There has not been deeded to the City of the Town of Los Altos Hills trail and path easements described in the Conditional Use Permit. h. There has not been furnished to the City of the Town of Los Altos Hills evidence that there is at present maintained in full force and effect the bodily injury liability and property damage policy of insurance referred to in the Conditional Use Permit. -3- 411 110 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 swim- ming club, but rather is operated under the control of the private owner of the property andtto.x4hom -all receipts therefrom are paid. 3. The City Clerk is hereby ordered and directed to cause written notice to be given to Adobe Creek Country Club, Inc. , requiring that within ten (10) days after the giving of said notice that there be corrected the breaches of the Use Permit 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 opera- tion and control of Adobe Creek Country Club as a non-profit tennis and swimming club. The City Clerk .is further ordered and directed to cause said notice to 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 p I aces of ad- dress. REGULARLY passed and adopted this 21st of December, 1977. Mayor ATTEST: ! City Clerk -4-