2002-010- Denying A Request For Approval To Modify A Conditional Use Permit To Allow The Sale Of Beer And Wine With Meals On Property Zoned C-2RESOLUTION .2002 -10
ADOPT RESOLUTION DENYING A REQUEST FOR APPROVAL TO
MODIFY A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER
AND W1NE WITH MEALS ON PROPERTY ZONED C-2
ARCHITECTURE AND SITE APPLICATION: 5-01-18
PROPERTY LOCATION: 217 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: RUGANI FAMILY PARTNERSHIP
APPLICANT: YOUNG K. KIM
WHEREAS:
A. This matter .came before Council for public hearing on January 7, 2002, on a request by
Young I~. Kim (applicant) from a recommended decision of the Planning Commission and was regularly
noticed in conformance with .State and Town law. Council has adopted a policy .requiring that all
applications seeking conditional use permits for new or modified alcohol service be brought. to Council for
final approval.
B. Council received testimony and documentary evidence from the applicant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material
contained in the Council Agenda Report dated January 3, 2002, along with subsequent reports and materials
prepared concerning this application.
C. The applicant is seeking to amend an existing conditional use permit to .allow the service of
beer and wine at a new fine dining Japanese restaurant intended to be located at the downtown site of the
former Juicy Burger restaurant. The service of beer and wine would be in conjunction with meals until
10:00 p.m. Sunday through Thursday and unti1.12:00 a.m. Friday and Saturday. All other conditions of the
existing use permit, .including hours of operation and seating capacity, would not be changed.
D. The Planning Commission considered the request on November 7, 2001 and recommended
.approval to the Town Council, The Commission based its decision to recommend approval of the
Page 1 of 3
application on the .fact that no complaints had been filed against the applicant's existing .restaurant
{Yokoham Japanese Bistro) and that the proposed restaurant is a fine dining establishmentas defined in the
Town Code.
E. The evidence in the record of this proceeding is not sufficient to enable Council to make the
findings necessary to approve a conditional use permit pursuant to Chapter 29 of the Town Code,
specifically, the findings that the proposed uses of the property .are essential or desirable to the public
convenience or welfare; that the proposed uses will not impair the integrity and character of the zone; that
the proposed uses would not be detrimental to public health, safety or general welfare; and that the proposed
uses of the property are in harmony with the various elements or objectives of the general plan and the
purposes of Chapter 29. Approval of the application will increase the number of businesses that serve
alcohol, thus potentially causing an over concentration of alcohol service in the downtown area, which can
jeopardize public safety, result in an increase of calls for police services and compromise the quality of life
for Town residents. Also, the proposed new restaurant would in essence provide a type of food service that
is already available in the downtown area, and, as a consequence, would add nothing unique or of an
otherwise .especially positive value to the downtown area or the larger community.
RESOLVED:
L. The request for approval to modify a Conditional Use Permit to allow sale of beer and wine
with meals is denied.
2. The decision constitutes afinal administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adoptedby 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 shortertime as required by State andFederal
law.
Page 2 of 3
PASSED AND ADOPTED at a regular meeting ofthe Town council of th Town of Los.
Gatos, California, on the 22"a day of January, 2002 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Joe Przynski, Mayor Randy Attaway.
NAYS: Steven Blanton, Steve Glickman
ABSENT: None
ABSTAIN: None
SIGNED:
~~~~ ,~
MAYOR HE TO F LOS GATOS
.LOS GATOS, CALIFO IA
ATTEST:
CLERK'OF THE TOWN OF ' S GATOS
LOS Gr~.TOS, CALIFORNIA