1992-014-Denying An Appeal Of And Modifying Conditions Of A Decision Of The Planning Commission Approving A Request To Demolish An Unlawfully Constructed Addition To A RestaurantRESOLUTION 1992 -14
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF AND MODIFYING CONDITIONS OF
A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST
TO DEMOLISH AN UNLAWFULLY CONSTRUCTED ADDITION TO A RESTAURANT,
TO CONSTRUCT A NEW ADDITION AND TO OPERATE THE RESTAURANT WITH
OUTDOOR SEATING ON PROPERTY IN THE C -2 ZONE.
CONDITIONAL USE PERMIT APPLICATION U- 91 -24.
ARCHITECTURE AND SITE APPLICATION S- 91 -69.
PROPERTY LOCATED AT: 337 NORTH SANTA CRUZ AVENUE
OWNER: CHIMBLIS LILA TRUSTEE
APPLICANT: FRANK MARTINICO
APPELLANT: ANTON JULIUS
WHEREAS:
A. Anton Julius, appellant, has appealed a decision of the Planning Commission
approving a request to demolish an unlawfully constructed addition to a restaurant, to
construct a new addition and to operate a restaurant with outdoor seating on property in
the C -2 zone. (Architecture and Site Application S- 91 -69).
1991.
B. The Development Review Committee reviewed this matter on November 12,
C. The Planning Commission reviewed and approved the application on
December 11, 1991.
D. On January 21, 1992 the Town Council held a public hearing on appeal of the
Planning Commission approval.
BE IT RESOLVED:
A. The Town Council hereby finds evidence that the Planning Commission erred
(a) in conditioning approval on requiring deliveries at the rear since the applicant has no
recorded easement to the rear of the building, (b) and in failing to require landscaping
improvements consistent with current Town standards.
B. Based on the foregoing findings, the appeal is denied and the project is
approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The hours of operation shall be limited from 6 AM to 10 PM.
2. The maximum number of seats shall not exceed 48 including outdoor seating.
3. No alcoholic beverages are allowed.
4. Provide a plan showing a separation between the outdoor seating and the
public right -of -way.
5. The outdoor seating area must be cleared of trash daily.
6. The existing nonconforming sign pole on -site must be modified to meet
current standards.
7. All meals served on -site shall be on re- usable utensils.
8. Any take -out food shall be served in recyclable containers.
TO THE SATISFACTION OF THE TOWN ENGINEER:
9. Traffic Impact Mitigation Fees shall be paid prior to the issuance of any
building permits.
10. Any sections of curb, gutter and sidewalk along the frontage of this property
that are currently broken or raised, or any sections damaged during construction, shall be
replaced.
11. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE:
12. The tree located at the street will be replaced and landscaping improvements
will be completed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of February, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Eric D. Carlson
NAYS: None
ABSENT: Brent N. Ventura
ATTEST:
c __ -
CLERK OF THE TOWN O`F LOS GATOS
LOS GATOS, CALIFORNIA