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1991-032-Granting Conditional Use Permit EU-90-13 To Relocate A Resturant Which Was Displaced By The Earthquake From 27 N. Santa Cruz Avenue To The CH Zone Located At 15466 Los Gatos BoulevardRESOLUTION 1991 - 32 RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL USE PERMIT EU-90-13 TO RELOCATE A RESTAURANT WHICH WAS DISPLACED BY THE EARTHQUAKE FROM 27 N. SANTA CRUZ AVENUE TO THE CH ZONE LOCATED AT 15466 LOS GATOS BOULEVARD (15466 LOS GATOS BOULEVARD/PAUL EBRAHEMI) WHEREAS: A. Paul Ebrahemi, owner of Champs Elysees, is requesting approval to relocate his restaurant, Champs Elysees from 27 North Santa Cruz Avenue to 15466 Los Gatos Blvd. The restaurant was originally closed due to the October 17, 1989 earthquake. The applicant is now requesting to relocate to a 4,500 sq. ft. freestanding building in the Los Gatos Village Square Shopping Center (Conditional Use Permit EU-90-13); and B. The Earthquake Restoration Committee considered the application on January 10, 1991 and recommended that the Town Council grant the Conditional Use Permit Application EU-90-13; and C. A public hearing was held by the Town Council on February 4, 1991. BE IT RESOLVED: A. The Town Council hereby makes the findings pursuant to Zoning Ordinance section 5.20.210 for the granting of the Conditional Use Permit as follows: 1. The restaurant is desirable to the public convenience because it will provide an alternative place to eat and was a popular eating place when located in the downtown; 2. The new restaurant will not impair the integrity and character of the zone because it will be located in an area with similar and compatible uses; 3. The restaurant will not be detrimental to public health, safety or general welfare because it will be required to met all health and safety codes; and 4. The restaurant use is in harmony with the various elements and objectives of the General Plan and the purposes of the Zoning Ordinance in that it operated successfully in its previous location, and is an appropriate use in this location and provides a desirable service to the community; B. Based on the foregoing findings, the Town Council grants Conditional Use Permit Application EU-90-13 subject to the following conditions. TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The hours of operation are limited from 6:00 a.m. to 1:30 a.m. 2. The on -site service of alcoholic beverages is permitted. 3. The maximum number of seats allowed in the restaurant and bar is 93. 4. No live entertainment is permitted. 5. The parking lot shall be restriped to increase the number of spaces to at ]east 223. 6. The 11 surplus spaces are being allocated to this use and may not be used to support any existing or new businesses that come into the shopping center. 7. Any changes to the exterior of the building other than signs are subject to approval by the Planning Department. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORES I RY AND MAINTENANCE SERVICES DEPARTMENT: 8. If a food grinder and/or dishwasher will be used, a minimum 1,000 gallon grease interceptor shall be installed. TO THE SATISFACTION OF THE POLICE CHIEF: 9. Each quarter (every three months) the 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 beverages to the general public. 10. Uniformed Private Security Guards may be required at the expense of the operator in or around the premises by the Chief of Police if a need has been determined. 2 C. This Conditional Use Permit is granted without prejudice to the applicant's right to apply for expanded seating in the restaurant by complying with applicable provisions of the Town Zoning Ordinance. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of February, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin NAYS: None ABSENT: Steven Blanton, Eric D. Carlson ABSTAIN: Mayor Brent N. Ventura SIGNED: ATTEST: 1 - , MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS/ ATOS LOS GATOS, CALIFORNIA i 3