1992-005-Approving The Opening And Operating Of A Restaurant Which Includes The Serving Of Wine And Beer With MealsRESOLUTION 1992 -5
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE OPENING
AND OPERATION OF A RESTAURANT WHICH INCLUDES THE SERVING
OF WINE AND BEER WITH MEALS, TO BUY INTO THE PARKING
ASSESSMENT DISTRICT AND THE CONSTRUCTION OF ADDITIONAL
SQUARE FOOTAGE TO AN EARTHQUAKE DAMAGED HISTORIC
COMMERCIAL BUILDING IN THE C -2 LHP ZONE; CONDITIONAL USE
PERMIT APPLICATION EU -81 -6113; ARCHITECTURE AND SITE
APPLICATION ES -91 -74
(21 N. SANTA CRUZ AVENUE /OWNER THE CRALL ESTATE;
APPLICANT ANDALE TAQUERIA)
WHEREAS:
A. Andale Taqueria, applicant, has requested permission to open and operate
a restaurant which includes the serving of wine and beer with meals, to buy into the parking
assessment district and to construct additional square footage to an earthquake damaged
historic commercial building in the C -2 LHP zone (Conditional Use Permit Application EU-
81-61B and Architecture and Site Application ES- 91 -74);
B. The Earthquake Restoration Committee considered this matter on November
12, 1991 and November 26, 1991 and has recommended that the Town Council allow
tandem parking at the rear of the building and allow applicant to buy the equivalent of four
parking spaces in the Parking Assessment District; and
C. A Town Council public hearing was held on December 16, 1991.
RESOLVED:
A. The Town Council hereby makes the following findings pursuant to Zoning
Ordinance Section 5.20.210 for granting a Conditional Use Permit as follows:
1. The proposed use of the property is essential and desirable to the public
convenience or welfare because it will provide a place to eat and will help revitalize the
downtown area since the business has been closed since the earthquake;
2. The proposed use will not impair the integrity and character of the zone since
it will be located in a commercial zone and is relocating from its present location which is
across the street;
3. The proposed use will not be detrimental to public health, safety or general
welfare because the conditions of this permit are intended to reduce any unforseen impact
on the neighborhood; and,
4. The proposed use is in harmony with the various elements and objectives of
the General Plan and Downtown Specific Plan and the purposes of the Zoning Ordinance
in that it is an acceptable use in the downtown and is compatible with other uses in the
vicinity.
B. Based on the foregoing findings, the Town Council grants Conditional Use
Permit Application EU- 81 -61B and Architecture and Site Application ES -91 -74 subject to
the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions of this application shall be included on the cover sheet of the
Building Permit plans.
2. The maximum number of indoor and outdoor seats shall not exceed 46.
3. The hours of operation shall be between 11 a.m. to 9 p.m. seven days a week.
4. Beer and wine may only be served with meals on the premises.
5. Beer and wine may be served only to customers seated inside the restaurant.
No alcoholic beverages may be served to customers using outdoor seating.
If the rear patio area is enclosed to the satisfaction of the Chief of Police,
beer and wine may be served in this area.
6. Live entertainment is allowed provided that the music is non - amplified.
7. No disposable dishes, utensils and cups shall be used for meals served on the
premises.
8. The applicant shall work with the adjacent property owner to the north to
improve the exposed wall at the rear of the property.
9. The applicant shall pay an in -lieu fee to the parking assessment district for
four parking spaces. The actual fee shall be determined by the Planning
Director and shall be paid any time before issuance of the Certificate of
Occupancy.
10. The interior tongue and groove and wall shall be preserved or replicated.
11. The the entry and its pattern shall be preserved or replicated and extended
into the new entry area.
12. Operators of the restaurant shall pick up any trash in the vicinity of the
restaurant when outdoor seating is available.
13. A separate sign permit shall be obtained.
14. Any structural exterior modification must comply with the Secretary of the
Interior Standards and have prior approval of the State Office of Historic
Preservation.
TO THE SATISFACTION OF THE TOWN ENGINEER:
15. Any sections of curb, gutter and sidewalk along the frontage of this property
that are broken, or raised during construction, shall be replaced.
16. Any work in the public right -of -way will require a Construction Encroachment
Permit.
17. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
18. A sanitary lateral clean -out shall be installed at the property line.
19. All requirements of the County Health Department and West Valley
Sanitation District shall be met regarding the interception, separation, or
pretreatment of effluent from the restaurant.
20. A traffic impact mitigation fee, as established by Council Resolution, shall be
paid prior to the issuance of the Certificate of Occupancy.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
21. Newly planted trees shall be double- staked, using rubber tree ties and shall
be planted prior to occupancy.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
22. The business must meet all current accessibility standards as defined in Title
24 of the California Administrative Code.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
23. Plans must meet all fire and life safety codes, including but not limited to
exiting, occupancy load and extinguishing systems.
24. The abandoned fuel tank under the basement shall be removed and any soil
which is contaminated shall be cleared.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of January, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin
SIGNED: n —�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
It
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA