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1991-073-Granting Conditional Use Permit For A Nonconforming Resturant On Property In The C-2 ZoneRESOLUTION 1991-73 RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL USE PERMIT FOR A NONCONFORMING RESTAURANT ON PROPERTY IN THE C-2 ZONE. CONDITIONAL USE PERMIT APPLICATION EU-90-66A (19 N. SANTA CRUZ AVENUE/RANDY REEDY) WHEREAS: A. Randy Reedy, owner and applicant, has requested permission to operate a restaurant with a limited liquor license on property in the C-2 zone at 19 N. Santa Cruz Avenue (Conditional Use Permit Application EU-90-66A); B. The Earthquake Restoration Committee considered the application on March 14, 1991 and recommended that the Town Council grant the Conditional Use Permit Application EU-90-66; and, C. A public hearing was held on April 8, 1991. BE IT RESOLVED: A. 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 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 replace a restaurant that has been closed since the earthquake. 2. The proposed use will not impair the integrity and character of the zone since there was previously a restaurant in this location and the operation is not being intensified. 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. 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-90-66A subject to the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The maximum number of seats is 54. 2. The hours of operation shall be between 6:00 A.M. to 11:30 P.M. 3. Beer and wine may be served with food only. 4. Live entertainment is allowed provided that the music is non-amplied. 5. A sign permit shall be obtained for the tenant's name on the awning. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES 6. If the dishwasher and/or food grinder will be used, it may be necessary to install a grease interceptor if the San Jose Water Pollution Control Plan requires an interceptor, it shall be installed. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES 7. The business must meet all current accessibility standards as defined in the Title 24 of the California Administrative Code. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT 8. Plan must meet all fire and life safety codes, including but not limited to existing occupancy load and extinguishing systems. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of May, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric Carlson and Mayor Ventura. NAYS: None ABSENT: None ABSTAIN: None SIGNED: A 1'1 EST: l CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Ailve772Z7 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3