1991-121-Approving The Planning Commission's Decision To Approve An Application To Re-Establish A Restaurant With Expanded Hours Of Operation And To Include The Brewing Of Beer On The Premisis On Property In The C-2 ZoneRESOLUTION 1991-121
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
THE PLANNING COMMISSION'S DECISION TO APPROVE
AN APPLICATION TO RE-ESTABLISH A RESTAURANT
WITH EXPANDED HOURS OF OPERATION AND TO INCLUDE
THE BREWING OF BEER ON THE PREMISES ON PROPERTY
IN THE C-2 ZONE.
(130 NORTH SANTA CRUZ AVENUE/OWNER DENNIS VARNI/
APPELLANT RONALD LYKINS)
WHEREAS:
A. Ronald Lykins, appellant, has appealed a decision of the Planning Commission
approving an application to re-establish a restaurant with expanded hours of operation and
to include the brewing of beer on the premises on property in the C-2 zone. Conditional
Use Permit Application U-77-24D. Property located at 130 North Santa Cruz Avenue;
B. The Development Review Committee considered the application on April 10,
1991 and recommended that the Planning Commission approve the Conditional Use Permit
subject to conditions; and,
C. A public hearing was held on May 20, 1991.
BE IT RESOLVED:
A. The Town Council hereby finds no evidence or testimony was presented that
the decision of the Planning Commission erred.
B. The Town Council hereby makes the following findings pursuant to Zoning
Ordinance section 5.20.210 for the granting of a Conditional Use Permit as follows:
1. The restaurant is essential and desirable to the public convenience and
welfare because it is bringing much needed business to the Town;
2. The new restaurant will benefit the public sector and will benefit the viability
and enjoyability of the night life in the Town by providing options for eating
establishments;
3. The restaurant will benefit people living and working in the downtown;
4. The restaurant will not impair the integrity or character of the zone as it is
in keeping with the zone and that zone is trying to encourage this kind of
business;
5. The restaurant use is not detrimental to the public health, safety or general
welfare, particularly with the conditions to be placed on the application; and
6. The restaurant is in harmony with the elements and objectives of the General
Plan and purposes of the zone because this kind of business is the intent of
that zone.
C. Based on the foregoing findings, the Town Council grants the Conditional Use
Permit Application U-77-24D subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Maximum seating in the restaurant and bar shall not exceed 213.
2. Maximum seating for the bar area shall not exceed 50.
3. Beer and wine may be served in the dining area only in association with full
meal service.
4. This approval includes a separate bar and beer and wine service for on -site
consumption. Sale of beer and wine for consumption off -site is prohibited.
5. Hours of operation are limited from 11:00 a.m. to 11:00 p.m. on Sunday
through Thursday, and 11:00 a.m. to 12 midnight on Fridays and Saturdays.
6. There shall be no live entertainment. There shall be no coin operated games,
including pool tables or shuffle board. Deliveries shall be no earlier than 7:00
a.m.
7. Solid brewery waste products shall be stored within the building in sealed, air-
tight containers and removed within 24 hours of the time the waste products
are generated. Such containers shall be cleaned after each use of the residue
trapped and discharged to the sanitary sewer.
8. Should sanitary sewer discharges from the facility be increased above average
levels, the brewery operator shall contact the Regional Water Quality Control
Plant for disposal instructions, prior to disposal.
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9. A condensation recovery unit shall be installed in the exhaust system for the
brewery to reduce any odors of emissions generated by the brewery.
10. If it is determined that noise emitted from the brewery equipment exceeds
ambient noise levels as established by Town Code, the Town will require the
applicant to implement necessary insulation or noise mufflers as needed to
abate any violations of the noise ordinance
11. The applicant shall erect a sign reading "No left turn nighttime 10:00 P.M. to
4:00 A.M. (daily including holidays)". The sign shall face the exit from
applicants parking to Grays Lane
12. Planning Commission to review the matter in nine months from the date of
opening.
TO THE SATISFACTION OF THE TOWN ENGINEER:
13. Final drainage and driveway plans shall be submitted to the Engineering
Department.
14 Sections of curb, gutter and sidewalk along the frontage of this property that
are currently broken or raised, shall be replaced.
15. Any work in the public right-of-way will require a Construction Encroachment
Permit.
16. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
17. A sanitary sewer lateral clean -out shall be installed at the property line.
18. All requirements of the County Health Department and West Valley
Sanitation District shall be met regarding the inception, separation, or
pretreatment of effluent from restaurant.
TO THE SATISFACTION OF THE POLICE CHIEF:
19. Restaurant owners shall schedule an "Alcohol Server/Designated Driver
Training" program with the Police Department within six months of operation.
20. Each quarter (every three months) operator will hold a meeting with
representatives from Alcoholic Beverage Control or the Los Gatos Police
Department for the purpose of employee training on licensed service of
alcoholic beverage to the general public.
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21. Uniformed private security guards shall be provided from 7:00 p.m. until
closing on Thursdays, Fridays and Saturdays. Additional security guards may
be required in or around the premises by the Chief of Police if a need has
been determined and the problems are not resolved by the licensed operator.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE:
22. The applicant shall pay for the cost of fabrication and installation of a total
of three signs required to control vehicle movements from the Town's parking
lots onto Grays Lane The signs will be prepared and installed as follows:
a. One - "No right turn nighttime 10:00 P.M. to 4:00 A.M. (daily including
holidays)" sign facing the exit from Lot No. 4 to Grays Lane. (another
sign would be added to the second Lot 4 driveway to Grays Lane when
the parking garage is completed.)
b. One - "No left turn nighttime 10:00 P.M. to 4:00 A.M. (daily including
holidays)" sign facing the exit from Lot No. 3 to Grays Lane.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of June, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Randy Attaway, Eric D. Carlson, Steven Blanton
NAYS: None
ABSENT: Mayor Brent N. Ventura
ABSTAIN: None
SIGNED:
VICE -MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AI'I'EST:
L 2 i-e-a-Z (_! , - Zed S
CLERK OF THE TOWN OF Lt S GATOS
LOS GATOS, CALIFORNIA
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