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1997-023-Denying A Conditional Use Permit For A Fast Food Restaurant And Approval Of A Minor Architecture And Site Application For Exterior Changes On Property Zoned CHRESOLUTION 1997 - 23 RESOLUTION GRANTING APPEAL OF A PLANNING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT AND APPROVAL OF A MINOR ARCHITECTURE AND SITE APPLICATION FOR EXTERIOR CHANGES ON PROPERTY ZONED CH PROJECT APPLICATION PRJ -96 -137. PROPERTY LOCATION: 15450 LOS GATOS BOULEVARD. PROPERTY OWNER: LOS GATOS VILLAGE SQUARE. APPLICANT: BY THE BAY INVESTMENTS (CARL'S JR.). APPELLANT: STEVE ROSENFIELD. WHEREAS: A. This matter came before the Council for public hearing on March 3, 1997, on an appeal 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 appellants 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 and documents attached to the Council Agenda. C. The applicant is requesting approval to operate a fast food restaurant (Carl's Jr.) at 15450 Los Gatos Boulevard, in a 4,500 square foot space. The space was formerly occupied by another restaurant, but has been vacant for approximately two years. D. The proposed usage would include 92 seats for the restaurant, and a children's play structure in the middle portion of the restaurant. E. The Council finds that the Planning Commission erred in their decision as set forth in the following recitals. F. The Council further finds that the proposed restaurant provides a community benefit in that: It provides a safe and pleasant family environment with a children's play area and creates a range of restaurants in the area; 2. It provides for reuse of an existing structure that has been vacant for several years and does not create a new building designed solely for fast food. G. The Council finds that the requirement of the Zoning Ordinance are met because: The proposed use of the property is desirable to the public convenience because the proposed use will provide a range of family restaurants along Los Gatos Boulevard. 2. The proposed use will not impair the integrity and character of the zone because the site is currently improved for restaurant use and will not result in the construction of a new building designed solely for "fast food" use. The proposed use will not be detrimental to the public health, safety or general welfare because the conditions of approval ensure that the operation of the use is consistent with the general welfare, and the traffic study does not show a change in level of traffic at any of the major intersections. 4. The proposed use is in harmony with the various elements and objectives of the General Plan and the purposes of the zoning ordinance, as described above. RESOLVED: The appeal of the decision of the Planning Commission on Project PRJ -96 -137 is granted with the conditions shown in Exhibit A. 2. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by 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 shorter time as required by state or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of March, 1997 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: Randy Attaway ABSENT: None ABSTAIN: None SIGNED: rQ AYOR OF THE TOWN O OS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA RECOMMENDED CONDITIONS OF APPROVAL FOR: 15450 Los Gatos Boulevard Project Application PRJ -96 -137 Requesting approval of a Conditional Use Permit for a fast food restaurant and approval of a Minor Architecture and Site application for exterior changes on property zoned CH. PROPERTY OWNER: Los Gatos Village Square APPLICANT: By the Bay Investments (Carl's Jr.) TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. SEATING: The restaurant seating shall not exceed 92 seats. 2. HOURS: The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. 3. TRASH: The area in front of and adjacent and within a 200 feet radius to the restaurant shall be kept clear of trash. 4. RECYCLED CONTAINERS: Any take -out food shall be served in recyclable containers. 5. REUSABLE UTENSILS: All meals served on -site shall be on re- usable utensils. 6. VENTILATION: Ventilation equipment shall be maintained to a level of operation so that odors are not disturbing to neighbors. (Development Engineering Section) TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a proportional cost of the project's share of transportation improvements needed to mitigate the cumulative impacts of development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before issuance of the building permit. Credit shall be given for the previous use of high - turnover sit -down and the Passby Trip Credit shall also be applied resulting in 490 Average Daily Trips. The total fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. The preliminary traffic impact mitigation fee for this project, using the current fee schedule for a Fast Food Restaurant as determined by the Traffic Report prepared by Mark Wessel, P.E., dated December 16, 1996, is $34,800.00. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES: 8. PERMITS REQUIRED: A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 9. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 10. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 12. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 13. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. 14. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply with the EXHIBIT A The Planning Commission - Page 5 15450 Los Gatos Blvd /PRJ -96 -137 January 22, 1997 latest California Title 24 Accessibility Standards for disabled. Work shall include but not limit to have accessibility to building entrances from parking facilities and sidewalks. 15. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall be upgraded to comply with the latest California Title 24 Accessibility Standards for disabled. Necessary work shall be first investigated by the design architect then confirmed by the Town staff. 16. COMMERCIAL - RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a) West Valley Sanitation District: 378 -2408 b) County Health Department: 299 -6060 c) Town Parks - Forestry & Maintenance Department: 354 -6808 17. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special inspection schedule shall be blue lined on the construction plan. 18. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department service counter. 19. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 378 -2408 b) Central Fire District: 378 -4015 c) County Health Department: 299 -6060 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND FORESTRY: 20. TREES: All existing and newly planted trees shown on the plan are specific subjects of approval of this plan, and must remain on site. 21. STAKING: All newly planted trees are required to be double staked to Town standards. 22. REDWOOD TO BE REMOVED: Two 24" box Town approved trees shall be planted in close vicinity to the 16" redwood tree that is proposed to be removed. The location and type of tree shall be approved by Parks & Forestry Superintendent John laquinto prior to planting.