1994-173-Approve A Request To Expand And Operate A Restaurant With The Sale of Beer And Wine With Meals In The C-2-LHP ZoneRESOLUTION 1994 - 173
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO
APPROVE A REQUEST TO EXPAND AND OPERATE A RESTAURANT WITH
THE SALE OF BEER AND WINE WITH MEALS
IN THE C -2 -LHP ZONE WITH CONDITIONS
CONDITIONAL USE PERMIT APPLICATION U -94 -16
(PROPERTY ADDRESS: 33 -35 E. MAIN STREET
PROPERTY OWNERS: STEPHEN HOO
APPLICANT: ELIZABETH BROST /A MATTER OF TASTE)
WHEREAS:
A. This matter came before the Council for public hearing on November 21,
1994, on an appeal by the applicant from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant
and property owner and all interested persons who wished to testify or submit documents.
The Council considered all testimony and materials submitted, including the record of the
Planning Commission proceedings and the packet attached to the Council Agenda Report
dated November 14, 1994, concerning this application.
C. The appellant asks that the Town waive the traffic mitigation fees for this
application and approval. Town of Los Gatos Resolution 1994 -55 established the current
traffic impact mitigation policy and fees and provides exemptions only for specified housing
projects and reductions demonstrated by an independent traffic study.
D. The traffic impact mitigation fee was adopted in order to mitigate the
increased traffic that development may cause and to have that development pay a
reasonable portion of that impact.
E. It would not be fair or equitable to make a special exception for an individual
business. Every application involves special considerations.
F. Therefore, exceptions should be done as a class or as part of a policy review
and not as individuals. To do otherwise would be unfair to other businesses that have paid
or will pay fees, and might be equivalent to spot zoning.
G. The Planm_„ Commission did not err in its apprw, -. of this application or the
conditions the Commission imposed.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use
Permit Application U -94 -16 is denied, and the Planning Commission's approval of the
application to expand and operate a restaurant with the sale of beer and wine with meals
is affirmed subject to the provisions of the Town Code and the conditions specified in
Exhibit A hereto, with the correction of condition number 6 to specify that beer and wine
may be served only with meals.
This decision constitutes a final administrative decision pursuant to Code of Civil
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 5th day of December, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Loughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE 4TOkWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OV LOS GATOS
LOS GATOS, CALIFORNIA
2
EXHIBIT A
CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT APPLICATION U -94 -16
33 -35 E. MAIN STREET
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The maximum number of seats at 33 E. Main Street shall not exceed 15, and the
maximum number of seats at 35 E. Main Street shall not exceed 12.
2. Maximum hours of operation shall be from 8 a.m. to it p.m., seven days a week.
3. All meals served on -site shall be on re- usable utensils.
4. Any take -out food shall be served on recycled containers.
5. The area around the front of the building between the two driveways shall be
kept clear of trash.
6. Beer and wine may be served only with meals.
7. A Traffic Impact Mitigation Fee shall be paid for 23 ADT prior to the issuance of
a Certificate of Use and Occupancy.
TO THE SATISFACTION OF THE POLICE CHIEF:
8. So long as this establishment serves alcoholic beverages, it shall be subject to the
following:
a. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that
are not resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be
conducted with representatives of the Police Department for ongoing
employee training on alcoholic beverage service to the general public.
C. This establishment shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association.
d. The licensed operator shall have and shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for
designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
A -1