2001-028-Denying An Appeal Of The Decision Of The Planning Commission Denying A Request To Modify A Conditional Use Permit (Juicy Burger) To Change The Operation Of The Restaurant And To Permit The Sale Of Beer And Wine With Meals On Property.RESOLUTION 2001 - 28
RESOLUTION DENYING AN APPEAL OF THE DECISION OF THE .PLANNING
COMMISSION DENYING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT
(JUICY BURGER) TO CHANGE THE OPERATION OF THE RESTAURANT AND TO
PERMIT THE SALE OF BEER AND WINE WITH MEALS ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT APPLICATION.: U-00-30
PROPERTY LOCATION: 217-A NORTH .SANTA CRUS AVENUE
PROPERTY OWNER:. RUGANI FAMILY PARTNERSHIP
APPLICANT/APPELLANT: MAHMOUD GHAYOUMIPOUR
WHEREAS:
A. This matter carne before Council for public hearing on March 5, 2001, on an appeal
by Malunoud Ghayoumipour ,applicant/appellant, from a decision of the Planning Commission and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council .Agenda Report dated March 1, 2001, along with .subsequent
reports and materials prepared concerning this application.
C. .The applicant is requesting approval to serve beer and wine at an existing restaurant
that is proposed to be converted from Juicy Burger to sit down, family style steak :house. The beer
and wine would be served in conjunction with meals unti110:00 p.m. Sunday through Thursday, and
until 12:00 a.m. Friday and Saturday.
D. The Planning Commission considered the matter on January 10, 2001 and denied the
application.
E. Applicant/Appellant claims that the Planning Commission erredand failed to consider
several other modifications approved by the Commission to allow service of beer and wine in the
downtown area at similar type restaurants.
F. The Planning Commission decision was correct.. Approval of the application would
have increased the number of businesses that serve alcohol, thus potentially causing an over
concentration of alcohol service in the Downtown area.
RESOLVED:
1. 'The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U-00-3'0 is denied.
2. The decision constitutes a final .administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.0$5 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 renuired by State and Federal law.
'PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 19t'' day of Marc11, 2001 by the following vote,
COUNCIL MEMBERS:
AYES; Randy Attaway, Steven Blanton, .Sandy Decker, Steve Glickman,
Mayor Joe Przynslci,
NAYS: None
ABSENT: None
ABSTAIN: None
.SIGNED:
YOR O TOWN OF LOS GATOS
OS GATOS, CALIFORNIA
ATTEST:
CLERT~ OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA