1989-126-Approval Request To Intensify A Nonconforming Restaurant Use By Increasing The Hours Of Operation On Property Located In The C-2 ZoneRESOLUTION NO: 1989 -126
RESOLUTION OF THE TOWN OF LOS GATOS DENYING
APPEAL OF PLANNING COMMISSION APPROVAL OF
REQUEST TO INTENSIFY A NONCONFORMING RESTAURANT
USE BY INCREASING THE HOURS OF OPERATION ON
PROPERTY LOCATED IN THE C -2 ZONE
(235 SARATOGA AVENUE - THE DINER)
WHEREAS:
A. Madame Yvette has appealed a decision of the Planning Commission as
follows: approval of a request to intensify a nonconforming restaurant use by increasing
the hours of operation on property in the C -2 zone located at 235 Saratoga Avenue and
owned by Linda Ball and applicant is Anton Julius (Conditional Use Permit Application U-
87 -11A); and
B. A public hearing was scheduled for June 5, 1989 and continued to and held
on June 19, 1989 by the Town Council.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was presented
that the decision of the Planning Commission was in error.
B. The Town Council hereby further finds that additional mitigation measures
are possible to reduce the noise impact on the adjacent residential property.
C. The Town Council hereby further makes the following findings pursuant to
Zoning Ordinance Section 5.20.210:
1. The proposed use is desirable to the public convenience in that it is a business
serving local residents.
2. The proposed use will not impair the integrity or character of the zone in that
it is a restaurant and the property has been a restaurant so there is no change
in the character of the zone.
3. The proposed use will not be detrimental to the public health, safety and
general welfare because the early hour traffic is pass -by or linked traffic trips
and pedestrian trips.
4. The proposed use is in harmony with the various objectives of the General
Plan and purposes of the Zoning Ordinance in that it is located in a business
district and serves businesses there.
D. Based on the foregoing findings, the appeal is hereby denied and Conditional
Use Permit Application U- 87 -11A is hereby granted as modified subject to the following
conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The hours of operation are limited to 7:00 a.m. to 11:00 p.m.
2. Maximum number of seats allowed is 80.
3. There shall be no deliveries prior to 8:00 a.m.
4. The two parking spaces below the bedroom window at 334 Tait Avenue, shall
be blocked off and landscaped by no later then September 1, 1989.
5. The trash enclosure shall be maintained at all times and the trash dumpster
shall remain closed while not in use.
6. A six (6) foot masonry wall shall be installed along the border between
residential and commercial zones in the location indicated on Exhibit A
attached hereto and incorporated by reference herein.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
7. Additional landscaping shall be in accordance with approved plans (Exhibit
A) and provided along the Tait Avenue frontage no later than September 1,
1989. The landscape plan may be changed subject to the approval of the
Director of Planning and Director of Parks, Forestry and Maintenance.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the _10th_ day of _Jul , _1989_
by the following vote.
AYES: COUNCIL MEMBERS Eric D Carlson Thomas J. Ferrito
Robert L. Hamilton and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ATTEST:
Brent N. Ventura
MAY OF THE TOWN OF h S GATOS
�,-�
CLERK''OF THE TOWN OF LOS GATOS /J
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