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M 11-27-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 27, 1989 TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 7:30 p.m., Monday, November 27, 1989, in regular adjourned session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, and Mayor Thomas Ferrito. Absent:Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. HEARINGS EAST MAIN ST 29/DOLCE SPAZIO GELATO/RUGANI/NORTH SANTA CRUZ AVE 221 RELOCATION HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider a Conditional Use Permit application for permission to relocate an existing restaurant from 29 E. Main Street for 221 North Santa Cruz Avenue on property in the C-2 zone. This relocation is requested due to significant physical building damage suffered by the recent earthquake or aftershocks at the previous location. Business Owners, Joe and Carol Hargett. Business, Dolce Spazio Gelato. Property Owner, Gene Rugani. The following people from the audience wished to address this issue: Joe Hargett, owner of Dolce Spazio Gelato, asked Council for favorable action on this relocation and mentioned that he would like to reopen as soon as possible. Gene Rugani, owner of 221 North Santa Cruz, approves the calculations for the seating in the plans for the restaurant to reopen. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve Conditional Use Permit application U-80-27B, with the maximum number of seats being 21, no more than 12 outdoor seats, and the hours of operation not to exceed 7 a.m. to 12 a.m. as recommended by the Earthquake Restoration Committee, and making the following findings: 1)The proposed use of the property is essential and desirable to the public convenience or welfare because it is a resident serving business which previously operated at a different location. 2)The proposed use will not impair the integrity and character of the zone because it is a commercial use which will operate in the C-2 zone and will replace a previous food use approval. DOLCE SPAZIO GELATO CONTINUED 3)The proposed use will not be detrimental to public health, safety or general welfare in that it is relocating due to it's previous location being significantly damaged by the earthquake and will be required to comply with all food, restaurant, earthquake, health and safety codes. 4)The proposed use is in harmony with the General Plan and Downtown Specific Plan because it is compatible with surrounding land uses. Carried by a vote of 4 ayes. Mr. Ventura absent. EAST MAIN ST 27/HIGH-THAI/RUGANI/NORTH SANTA CRUZ 217/RELOCATION HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider a conditional use permit application for permission to relocate an existing restaurant from 27 E. Main Street to a new location at 217 North Santa Cruz Avenue on property in the C-2 zone. This relocation is requested due to significant physical building damage suffered by the recent earthquake or aftershocks at the previous location. Business Owner, Ilham and Mina Arif. Business, High-Thai Restaurant. Property Owner, Gene Rugani. The following people from the audience wished to address this issue: Ilham Arif, owner of High-Thai Restaurant, asked to be allowed to have seating for 40 in his facility rather than a limit of 29. He also announced that the receipts of the restaurant's opening night will go to the Town's earthquake relief fund. No one else from the audience wished to speak to the issue. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council approve Conditional Use Permit Application U-89-16, that the maximum seats will be 29, the hours will be from 6:30 a.m. to 10:00 p.m., and outdoor seating is not included in this approval as recommended by the Earthquake Restoration Committee, and making the following finding: 1)The proposed use of the property is essential and desirable to the public convenience or welfare because it is an existing business relocating to this site. 2)The proposed use will not impair the integrity and character of the zone because it is a commercial use which will operate in the C-2 zone and has been successfully operating at a different location within the downtown. 3)The proposed use will not be detrimental to public health, safety or general welfare in that it is relocating due to it's previous location being significantly damaged by the earthquake and will be required to comply with the earthquake and will be required to comply with all food and restaurant health and safety codes. 4)The proposed use is in harmony with the General Plan and Downtown Specific Plan because it is compatible with surrounding land uses. Carried by a vote of 4 ayes. Mr. Ventura absent. NORTH SANTA CRUZ 15/MOUNTAIN CHARLIE'S/VARNI/NORTH SANTA CRUZ 140 RELOCATION HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider a conditional use permit application for permission to relocate an existing restaurant from 15 North Santa Cruz Avenue to a new location at 140 North Santa Cruz Avenue on property in the C-2 zone. This relocation is requested due to significant physical building damage suffered by the recent earthquake or aftershocks at the previous location. Business Owner, Jeff Brigham. Business, Mountain Charlie's. Property Owner, Dennis Varni. The following people from the audience wished to address this issue: Fred Rehhausser, 201 University Ave., asked that a night club with hours until 2 o'clock in the morning not be allowed. He would prefer to see commercial enterprises at 140 North Santa Cruz that would not keep late hours. No one else from the audience wished to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council continue this item to December 11, 1989 at which time staff can address the issues that have arisen. Carried by a vote of 4 ayes. Mr. Ventura absent. SHORT ROAD/BLOSSOM HILL ROAD/HICKS ROAD/SHANNON ROAD/PROHIBITION OF IMPROVEMENTS/URGENCY ZONING ORDINANCE Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council continue this item to December 4, 1989 due to the need of a four-fifths vote in order to adopt the Urgency Interim Zoning Ordinance. Carried by a vote of 3 ayes. Mr. Ferrito voted no as previously stated in prior record. Mr. Ventura absent. ADJOURNMENT Motion by Mr. Hamilton, seconded by Mr. Carlson, to adjourn this evenings meeting at 7:55 p.m. Carried by a vote of 4 ayes. Mr. Ventura absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM112789