2005-091 - Denying A Request To Modify A Conditional Use Permit To Expand An Existing Restaurant, Add Additional Seats And For An Alternating Use Of Parking On Property Zoned C -2. Conditional Use Permit: U -05 -013 Property Location: 42/44 Elm Street ProRESOLUTION 2005 - 91
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING A REQUEST TO MODIFY A CONDITIONAL
USE PERMIT TO EXPAND AN EXISTING RESTAURANT, ADD ADDITIONAL
SEATS AND FOR AN ALTERNATING USE OF PARKING
ON PROPERTY ZONED C -2.
CONDITIONAL USE PERMIT: U -05 -013
PROPERTY LOCATION: 42/44 ELM STREET
PROPERTY OWNER: MICHAEL T. COBLER
APPLICANT NICHOLAS A. DIFU
WHEREAS:
A. This matter carne before Council for public hearing on August 1, 2005 and was
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 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 July 21, 2005 and Addendum
dated July 28, 2005, along with subsequent reports and materials prepared concerning this
application.
C. Applicant is requesting approval to modify a conditional use permit to expand an
existing 668 square foot restaurants into an adjacent personal service space, to increase the seating
from 12 to 50 and to allow for an alternating use of parking. If approved, the restaurant will be
1,218 square feet in size.
D. The Planning Commission considered this matter on May 25, 2005 and denied the
application on the basis that the proposal is not consistent with the General Plan in that the
proposed use is not of a small scale, small town atmosphere and image. The Commission also felt
that the expansion would eliminate the potential of retail use of the subject spaces.
E. The Planning Commission decision was correct.
RESOLVED:
The request to modify Conditional Use Permit U -05 -013 is denied
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 15"' day of August, 2005, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
None
None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA