2005-082 - Permit For A Restaurant (Sushi E!) To Allow The Service Of Beer And Wine With Meals On Property Zoned C -1 Conditional Use Permit Application: U -05 -014 Property Location: 1458 Pollard Road Apn: 407 -33 -021 Property Owner: Rinconada Hill InveRESOLUTION 2005 - 082
RESOLUTION GRANTING A REQUEST TO MODIFY A CONDITIONAL USE
PERMIT FOR A RESTAURANT (SUSHI E!) TO ALLOW THE SERVICE OF
BEER AND WINE WITH MEALS ON PROPERTY ZONED C -1
CONDITIONAL USE PERMIT APPLICATION: U -05 -014
PROPERTY LOCATION: 1458 POLLARD ROAD
APN: 407 -33 -021
PROPERTY OWNER: RINCONADA HILL INVESTMENT CO.
APPLICANT: YOON NYOUN KIM
WHEREAS:
A. This matter came before Council for public hearing on June 20, 2005, on a request for
modification by Yoon Nyoun Kim (applicant) regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant and all interested
persons who wished to give evidence. Council considered all testimony and materials submitted, including
the packet of material contained in the Council Agenda Report dated June 8, 2005, along with subsequent
reports and materials prepared concerning this request.
C. The applicant is requesting approval to modify a 1977 Conditional Use Permit to allow the
service of beer and wine with meals. No other modifications are requested. There are no parking or traffic
impacts associated with the request. The Planning Commission considered this application on May 11,
2005, and forwarded the request to the Town Council with a recommendation for approval. The Police
Department reviewed this application and had no concerns.
D. The Town Council finds as follows:
As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
this project is Categorically Exempt.
2. The provisions of Town Code section 29.20.190 for granting of a Conditional Use Perinit
have been met. In making this finding, Council incorporates herein by this reference the findings of the
Planning Commission made on May 11, 2005 in recommending approval of this application.
RESOLVED:
1. The request to modify Conditional Use Permit U -05 -014 is therefore granted.
2. Revised Conditions of approval, attached hereto as Exhibit A, are applied to this Application.
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by Section 1.10.085 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 required by state
or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the ? day of August, 2005 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: A, 1'e 1 11aw ly �'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
1,
CLE. I TOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
CONDITIONS OF APB AOVAL
1458 Pollard Road
Conditional Use Permit U -05 -014
Requesting approval to modify an approval of a restaurant (Sushi E!) to allow the service
of beer and wine with meals on property zoned C -1. APN: 407 -33 -021
PROPERTY OWNER: Rinconada Hill Investment Co.
APPLICANT: Yoon Nyoun Kim
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
2. SEATS. The maximum seating allowed is 30. No outside seating is permitted.
3. ALCOHOLIC BEVERAGES. Beer and wine /saki is permitted to be served with meals
only. A meal is defined as a combination of food items selected from a menu (breakfast,
brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins,
relish trays, etc. (hot or cold) are not meals.
4. HOURS OF OPERATION. The hours of operation are as follows:
Monday through Saturday - 11:00 AM to 10:00 PM
5. RESTAURANT USE. A high turnover restaurant use is permitted.
6. ENTERTAINMENT. There shall be no entertainment.
TO THE SATISFACTION OF THE POLICE CHIEF:
7. GENERAL. The restaurant is subject to the following:
a. Uniformed privately provided security guards may be required in or around the
premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on -going employee training on
alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association.
d. All licensed operators shall have and shall actively promote a designated driver
program such as complimentary non- alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
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