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1991-043-Granting Conditional Use Permit EU-77-24C Requesting Permission To Extend The Hours Of Operation For A Resturant Displaced By The Earthquake On Property In The C-2 ZoneRESOLUTION 1991 - 43 RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL USE PERMIT EU-77-24C REQUESTING PERMISSION TO EXTEND THE HOURS OF OPERATION FOR A RESTAURANT DISPLACED BY THE EARTHQUAKE ON PROPERTY IN THE C-2 ZONE (15-1/2 N. SANTA CRUZ AVENUE/JOHN WATSON) WHEREAS: A. John Watson, applicant and consultant to the owner of the Old Alligator Grill, has requested permission to extend the hours of operation for a restaurant displaced by the October 17, 1991 earthquake on property located in the C-2 zone at 15-1/2 N. Santa Cruz Avenue and owned by James D. Farwell and Mary Van Dalsem, a trustee, et al. (Conditional Use Permit Application EU-77-24C); 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-77-24C; 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 a Conditional Use Permit as follows: 1. The proposed change of hours is desirable to the public convenience and welfare because it will allow the restaurant to provide breakfast service; 2. The extension of hours will not impair the integrity of the zone because the restaurant is in a commercial zone and other businesses in the area have similar hours; 3. The extension of hours 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 surrounding neighborhood; and 4. The proposed use of the property is in harmony with the various elements and objectives of the General Plan and Zoning Ordinance in that the increase in hours is a minor change to an existing business that already operates under a Conditional Use Permit and provides a desirable service to the community. C. Based on the foregoing findings, the Town Council grants Conditional Use Permit Application EU-77-24C subject to the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The hours of operation will be limited from 11:00 a.m. to 3:30 a.m. 2. Alcoholic Beverages: a. No alcoholic beverages may be served after 1:00 a.m. b. This operation will be on a probationary status for a period of one year with regard to the service of alcoholic beverages past 12:00 midnight. c. A quarterly review of the operation will be conducted by the Police and Planning Departments to ensure extension of the hours of service alcoholic beverages will not be detrimental to public health, safety or general welfare of the community. d. If after one year, it is determined that the extended hours are not detrimental to the public health, safety or general welfare, the matter can be scheduled before the Planning Commission, without fee, for public hearing to modify the Conditional Use Permit. 3. The maximum number of seats allowed in the waiting area and restaurant is 160. Seating for the banquet room may be distributed elsewhere in the building if this facility is no longer used (the maximum number of seats in the banquet room is 45). Any request to rearrange seating must be received in writing and approved by the Planning Department. 4. Alcoholic beverages shall only be served with meals to people seated at tables or to people waiting for tables. Alcoholic beverages are also permitted at the serving bar with meals. 5. The barrel maintained for cooking grease shall be kept within its designated enclosure, except when being emptied. It will never be allowed to leak or overflow. TO THE SATISFAC I ION OF THE DIRECTOR OF PARKS, FORESTRY AND MAIN PENANCE SERVICES DEPARTMENT: 6. If a food grinder and/or dishwasher are used, grease interceptor or trap must be installed, meeting the requirements of the Sanitation District. PASSED AND ADOP 1'ED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of March, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin Steven Blanton, Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: Mayor Brent N. Ventura SIGNED: ATTEST: t CLERK OF THE TOWN OFJOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA