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1988-191-Denying Request For Modification To A Condition Of Approval Relating To The Sale Of Alcoholic Beverages Granted As Part Of A Previous Permit For The Operation Of A Restaurant In The C-2 ZoneRESOLUTION NO: 1988 -191 RESOLUTION DENY APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL RELATING TO THE SALE OF ALCOHOLIC BEVERAGES GRANTED AS PART OF A PREVIOUS PERMIT FOR THE OPERATION OF A RESTAURANT IN THE C -2 ZONE (15 1/2 NORTH SANTA CRUZ AVENUE - LOUISE B. & JAMES P. FARWELL) WHEREAS: 1. James D. Farwell has appealed a decision of the Planning Commission as follows: denial of request for modification to a condition of approval relating to the sale of alcoholic beverages granted as part of a previous permit for the operation of a restaurant in the C -2 Zone located at 15 -1/2 North Santa Cruz Avenue and owned by Louise B. and James D. Farwell (U- 77 -24B); and 2. A public hearing was held by the Town Council on August 1, 1988, September 19, 1988 and October 3, 1988. NOW, THEREFORE, BE IT RESOLVED: 1. The Town Council hereby finds that no evidence or testimony was presented that the Planning Commission erred. 2. The Town Council hereby further finds that Pacific Rim Restaurant is the current applicant who has consented to all of the conditions of approval. 3. The Town Council hereby further finds that the restaurant intends to operate a food counter for serving sushi and that alcoholic beverages will only be served in connection with a meal. 4. Based on the foregoing findings, the appeal is hereby denied and the Conditional Use Permit for 15 -1/2 North Santa Cruz Avenue shall remain in effect with the following conditions: 1. Hours of operation shall be limited from 11:00 a.m. to 12:00 midnight 2. Maximum number of seating allowed in the restaurant shall be 205, limited as follows: Banquet Room 45 Dining Room 120 Waiting Area 40 3. 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. 4. 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. 5. The granting of this approval does not in any way affect the non - conformity with respect to parking. I= Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3 day of 1988 by the following vote. October AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: / �) / / ° - M�YOR OF THE TOWN OF LOS GATOS ATTEST: CLERK 0 THE TOWN OF L,QS GATOS -3-