1989-022-Denial Of Permission To Operate An Existing Restaurant And To Expand The Restaurant By Approximately 900 Square Feet On Property Within An Existing Shopping Center In The C-1 ZoneRESOLUTION NO: 1989 -22
RESOLUTION MODIFYING PLANNING COMMISSION DENIAL OF
PERMISSION TO OPERATE AN EXISTING RESTAURANT AND TO
EXPAND THE RESTAURANT BY APPROXIMATELY 900 SQUARE
FEET ON PROPERTY WITHIN AN EXISTING SHOPPING CENTER
IN THE C -1 ZONE
(426 NORTH SANTA CRUZ AVENUE - MOUNTAIN MIKE'S PIZZA)
WHEREAS:
A. Kurt Useldinger, on behalf of Mountain Mike's Pizza, has filed an
appeal of a decision of the Planning Commission as follows: denial of
permission to operate an existing restaurant and to expand the restaurant by
approximately 900 square feet on property within an existing shopping center in
the C -1 zone located at 426 North Santa Cruz Avenue and owned by Five Dot Land
and Cattle Company (Applicant: Mountain Mike's Pizza, Steve McVay;
Conditional Use Permit Application U- 88 -13); and
B. A public hearing was held by the Town Council on February 6, 1989•
BE IT RESOLVED:
A. The Town Council hereby finds that the applicant modified the
application before the Town Council by reducing the number of seats requested
to the extent that approval is possible within existing regulations.
B. The Town Council hereby further finds:
1. The proposed use is desirable to the public convenience and welfare by
providing a family oriented eating establishment;
2. The use will not impair the integrity of the zone since the use is
permitted and is consistent with other restaurant uses in the C -1 zone;
3. The proposed use is not detrimental to the public health, safety and
general welfare of the community and in fact provides a valuable community
service; and
4. The proposed use is consistent with the General Plan the Downtown Specific
Plan and in harmony with the purposes of this Ordinance.
C. Based on the foregoing findings, Conditional Use Permit Application
U -88 -13 is hereby approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR
1. Seating shall not exceed 108.
2. On -site sale of beer and wine is permitted.
3. Beer and wine is only permitted with the service of food.
4. Hours of operation are limited to the period between 11:00 a.m. and
1:00 a.m.
5. Separate bar service for alcoholic beverages is prohibited.
6. A parking lot reconstruction plan shall be submitted demonstrating pavement
repair or reconstruction, landscaping of areas not required for parking or
circulation, and re- striping to maximize the efficiency of the lot.
TO THE SATISFACTION OF THE TOWN ENGINEER
%. A two -year landscape maintenance agreement shall be implemented.
8. All documents, bonds, contracts, insurance, as applicable, shall be
provided prior to issuance of any permits.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 21 st day Of February I
1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito,
Robert L. Hamilton, Brent N. Ventura,
and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS N
SIGNED:
MAYOR OF THE TOWN OF LOSI,GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
of
(Disk 4/ATTNY/AGEND 2121)
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