1984-044-Granting Appeals From Planning Commission Decision To Approve Conditional Use Permit Application-C.B. Hannegan'sRESOLUTION NO. 1984 -44
RESOLUTION GRANTING APPEALS FROM PLANNING COMMISSION
DECISION TO APPROVE CONDITIONAL USE PERMIT APPLICATION
(208 Bachman Ave. - C.B. Hannegan's)
WHEREAS:
1. John Hanneyan and Robert Cowan /Robert Holding have filed
separate appeals from a decision of the Planning Commission as follows:
approving Conditional Use Permit Application U -81 -3A with conditions; and
2. A public hearing was held by the Council on December 6, 1982
at which the Council directed the Manager to report on the implementation
of a preferential parking program in the neighborhood surrounding C.B.
Hannegan's, added conditions to the Conditional Use Permit that there be
no live or outdoor music and no outdoor service of food or beverages, and
continued the public hearing to June 6, 1983, subject to conditions
imposed by the Planning Commission to remain in full force and effect in
the interim;
3. A continued public hearing was held on June 6, 1983 at which
the Council continued the public hearing to March 5, 1984, subject to the
conditions imposed by the Planning Conniiission, and modified the conditions
as follows:
a. For three months from June 6, 1983 the hours shall be
restricted as follows: 11:30 a.m. to midnight, Sunday through Thursday;
and 11:30 a.m. to 2:00 a.m. on Friday and Saturday, plus New Year's Day,
Memorial Day, July Fourth, Thanksgiving, and Christmas; and
b. For six months thereafter the hours shall be restricted
to 11:30 a.m. to 2:00 a.m. every day; and
4. A continued public hearing was held by the Council on March
5, 1984;
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds as follows:
a. That the Planning Commission did not have all available
information before it and that the Town did not then have a preferential
parking system in existence;
b. That the preferential parking system should be an
integral part of the Conditional Use Permit;
c. That the preferential parking system mitigated the
parking and public nuisance problems that the neighborhood residents were
experiencing as a result of the operation of C.B. Hannegan's.
2. The Town Council hereby makes the following findings for
granting the Conditional Use Permit:
a. The proposed uses of the property are desirable to the
public convenience and welfare in that they provide a source of a family
restaurant and entertainment to the community.
b. The proposed uses would not impair the integrity and
character of the zone as the property is in a commercial zone.
c. The proposed uses would not be detrimental to the public
health, safety or general welfare.
d. The proposed uses of the property are in harmony with
the various elements and objectives of the General Plan and the purposes
of this ordinance in that the property is a restaurant use in a commercial
zone; the bar use is also a permitted use in the commercial zone; and
linking the intensification of use to permit parking mitigates intrusive
effects of the project on residential neighborhoods and therefore is
consistent with General Plan goals and policies which are intended to
protect residential neighborhoods.
3. Based on the foregoing findings, both appeals are granted and
the Conditional Use Permit shall issue with the following conditions:
a. Number of seats shall not exceed 125.
b. The restaurant shall not open before 11:30 a.m. and
shall close in accordance with California state law governing the sale of
alcoholic beverages.
c. Food service shall be available at all times alcoholic
beverages are served.
d. Take -out food service is authorized as part of this
approval.
e. The sale of alcoholic beverages without limitation is
permitted.
X
. The construction plans must be submitted to the
Environmental Health Services Department for the Building Permit process.
g. The owners shall undertake a program to have patrons
park in non - residential areas.
the premises.
h. No live or outdoor music shall be allowed on or around
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i. No food or beverages shall be served outdoors; and
j. A preferential parking system in the Almond Grove area
of Los Gatos must exist. Should said preferential parking system be
modified substantially to reduce the restrictions on parking, the
Conditional Use Permit shall be set for public hearing before the Planning
Commission for determination of impact of the intensification of parking
in the neighboring residential zone and for consideration of mitigation
measures to ameliorate the effects of parking congestion in the Almond
Grove residential district. Notice of the public hearing shall be given
to C.B. Hannegan's no less than 30 days after the date of said
modification action on the preferential parking system; the public hearing
before the Planning Commission shall be held within 6U days of the date of
said modification action.
4. Pursuant to Los Gatos Town Code Section 1 -15 the time for
seeking judicial review of the Town Council decision is governed by Code
of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 19 day of March , 1984, by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin Fric n. Carlenn,
Terrence J. Daily, Brent N. Ventura and Mayor
Thomas J. Ferrito
ROES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
ATTEST:
CLERK OF THE TOW O L 0
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