2002-165-Approving Request To Modify A Conditional Use Permit To Increase Hours Of Operation For Restaurant On 50 University Avenue Suite 180RESOLUTION 2002 -165
RESOLUTION APPROVING A REQUEST TO MODIFY AN EXISTING CONDTTIONAL
USE PERMIT TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING
RESTAURANT ON PROPERTY ZONED C-1:LHP:PD.
CONDITIONAL USE'PERMIT APPLICATION: U-02-11
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
PROPERTY OWNER: FEDERAL REALTY
APPLICANT: STEVE & JULIE HAUCK /WINE CELLAR RESTAURANT
WHEREAS:
A. This matter came before Council for public hearing on October 7, 2002 , on a request
from the applicant and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and .all
interested persons who wished to testify or submit documents. Council considered all testimony
.and materials submitted, including the record of the Planning Commission proceedings and the
packet of material contained in the Council Agenda Report dated October 2, 2002, along with
subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval to modify the closing hours from 11:00 p.m.
Sunday through 'Thursday and 12:00 a.m. Friday and Saturday, to 2:00 a;rri, seven days a week.
Applicant is also requesting an increase in their morning opening hours on Saturday .and Sunday
from 11:00 a.m. to 9:30 a.m. The requested closing time is the same as was in place for the
restaurant priorto its temporary closing during the reconstruction of the O1dTown Shopping Center.
D. The Planning Commission considered this matter on August28, 2002 andforwarded
it to Council with a recommendation for approval due to the uniqueness of the situation, which is
not addressed in the Town's Alcohol Beverage policy.
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2002-165
E. Council finds as follows:
1. Pursuant to Town Code section 29.20.190, the proposed use of the property
is desirable to the public convenience; will not impair the integrity and character of the zone.; would
not be detrimental to public health, .safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the ,purposes of the Town Code. Evidence in the
record demonstrates that the restaurant had previously operated with the desired .closing times in the
same locationwithout causing problems, and that the proposed hours of operation are consistent with
those of the other restaurants located in the Old Town Shopping Center.
2. Pursuant to Resolution 1994-29 the late night service will not adversely
impact adjacent residential neighborhoods; the applicant does not have a history of complaints or
violations of local ordinances or the Alcoholic Beverage policy; and the applicant has demonstrated
a clear benefit to the .community in the operation of a quality restaurant.
3. The change in hours is consistent withthe Redevelopment Planforthe Central
Los Gatos Redevelopment Project Area {section IV.B).
4. The project is categorically exempt pursuant to State Environmental
Guidelines section 1.5301 as adopted by the Town.
RESOLVED:
1. The request to modify Conditional Use Permit U-02-11 is granted.
2. The conditions of approval as recommended to the Planning Commission on August
16, 2002, set out in Attachment 2 of the Town Council Report dated October 2, 2002, are hereby
adopted as the Conditions of Approval for this :Conditional Use Permit.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
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Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure Section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 21s` day of October, 2002 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
.SIGNED:
MAYOR O HE TOWN F LOS GATOS
LOS GATOS, CALIFOR IA
ATTESTS ~
C~
CLERK OF'TfIE TO~UN OF LOS C~ATOS
LOS GATOS, CALIFORNIA
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