1997-050-Denying A Conditional Use Permit Request For A Restaurant With Indoor Beer And Wine Services Served With Meals, And Outdoor Seating On Property Zoned C-1RESOLUTION 1997 - 50
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A CONDITIONAL USE PERMIT REQUEST FOR A RESTAURANT WITH
INDOOR BEER AND WINE SERVICE SERVED WITH MEALS, AND OUTDOOR
SEATING ON PROPERTY ZONED C -1.
PROJECT APPLICATION PRJ -97 -003.
PROPERTY LOCATION: 15960 LOS GATOS BOULEVARD.
PROPERTY OWNER: CARL CILKER.
APPLICANT /APPELLANT: HIGH TECH BURRITO CORPORATIONBRIAN MALONE
WHEREAS:
A. This matter came before the Council for public hearing on May 5, 1997, after being
continued at the request of the Council from April 21, 1997, on appeal from a decision of the
Planning Commission and was regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from all interested persons
who wished to testify or submit documents. The Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet attached to
the Council Agenda Reports dated April 21, 1997 concerning this application.
C. On March 12, 1997, the Planning Commission considered this application and denied
the applicant's Conditional Use Permit request because of a perception that the restaurant use was
supplanting retail space, that the additional alcohol service in the area is not desirable, and that there
is "an intensification of restaurants on Los Gatos Boulevard"
D. The Council finds that the Planning Commission erred in their decision because they
were citing a policy and plan that has not been adopted by the Town Council.
E. The Council finds that the requirement of the Zoning Ordinance are met because:
The use is desirable and convenient to the public welfare by providing this
service and product outside of the downtown area and providing service on Los Gatos Boulevard.
2. The area is zoned and designed for the purposed use.
3. The proposed use is not detrimental to the health, safety of the public welfare
as it wil meet all the food, health safety and ventilation codes.
4. There is nothing in the proposal which is contrary to the General Plan or
Zoning Ordinances.
5. This use does not contain a stand alone bar or entertainment and the hours
conform to the Town's alcohol policy.
RESOLVED:
The appeal of the decision of the Planning Commission on Project Application PRJ-
97 -003 is granted with the conditions shown in Exhibit A.
2. Pursuant to Town Code section 29.20.320, this approval will expire two years from
the date that this resolution was adopted unless the approval is used before expiration. Section
29.30.335 defines what constitutes use of an approval granted under the Zoning Code. Reasonable
time extensions of the approval not exceeding one year may be granted upon application to and
approval by the Development Review Committee, but the Committee approval must occur before
the initial expiration of the approval occurs.
This 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 of federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of May, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None
f
SIGNED:
YOR OF THE TOWN O OS GATOS
OS GATOS, CALIFORNIA'
ATTEST:
� - r 1L-
y=�. pia
t
� s
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
CONDITIONS OF APPROVAL FOR:
15960 Los Gatos Boulevard
Project Application PRJ -97 -003
Requesting approval of a Conditional Use Permit for a restaurant with indoor beer and wine
service served with meals, and outdoor seating on property zoned C -1.
PROPERTY OWNER: Carl Cilker
APPLICANT: High Tech Burrito Corporation
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. EXPIRATION OF APPROVAL. This approval will expire two years from the date of this approval (May
19, 1999) unless the approval is used before expiration. Section 29.20.335 defines what constitutes
the use of an approval granted under the Zoning Ordinance.
2. CONDITIONS OF APPROVAL. A copy of the Conditions of Approval letter for this project shall be blue
printed on the coversheet of the plans submitted for Building Department approvals.
3. MAXIMUM SEATING. The maximum number of seats for the restaurant and outdoor seating area shall
not exceed a combined total of 16 seats.
4. OUTDOOR SEATING AREA. Beer and wine service shall be prohibited in the outdoor seating area.
The outdoor seating area shall clearly be delineated by means of physical markers or barriers at least
three feet in height. Acceptable methods for delineating an outdoor seating area include: barriers,
landscaping, movable partitions or planters with living plant materials.
5. UMBRELLA SIGNS. No sign copy or logos are permitted on umbrellas for the outdoor seating area.
6. HOURS OF OPERATION. The hours of operation for the restaurant shall be limited to 10:00 a.m. to
10:00 p.m. daily.
7. TRASH. The manager /tenant of the restaurant space shall monitor daily the area in front of and
adjacent to the restaurant and keep it clear of trash.
8. RECYCLED CONTAINERS. Any take -out food shall be served in recyclable containers.
9. REUSABLE UTENSILS. All meals served on -site shall be on re- usable utensils.
10. VENTILATION. Ventilation equipment shall be maintained to a level of operation so that odors are not
disturbing to neighbors.
11. ROOF TOP SCREENING. All rooftop mechanical equipment required for the restaurant use shall be
screened from view.
12. SIGNS. All signs for the restaurant use shall be consistent with the sign program established for this
shopping center and shall comply with the Town's Sign Ordinance.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13. UNIFORMED SECURITY. Uniformed security guards shall be provided by the restaurant operator
for security in and around the premises as may be required by the Chief of Police if alcohol related
problems occur.
14. CONSULTATION AND TRAINING. 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.
15. TRAINING MANUAL. The restaurant operator shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California Restaurant Association.
16. DESIGNATED DRIVER PROGRAM. The restaurant operator shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for designated drivers.
17. POSTING OF TAXICAB TELEPHONE NUMBERS. The restaurant operator shall post in a visible
location the telephone numbers of local taxicab companies and operators.
Page 1 of 2
CONDITIONS OF APPROVAL
15960 Los Gatos Boulevard PRJ -97 -003
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
18. PERMITS REQUIRED: A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical /Plumbing permit shall be required as necessary.
19. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
20. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24
in. X 36 in.
21. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms shall be blue lined
on the construction plans.
22. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
23. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with the latest
California Title 24 Accessibility Standards for disabled.
24. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to
building entrances from parking facilities and sidewalks.
25. TITLE 24 ACCESSIBILITY- COMMERCIAL: The building shall be upgraded to comply with the latest
California Title 24 Accessibility Standards for disabled. Necessary work shall be first investigated by
the design architect then confirmed by the Town staff.
26. COMMERCIAL - RESTAURANT USE: Proper size grease trap shall be required for any restaurant
use. The following agencies will review the grease trap requirements before issuance of the building
permit:
a) West Valley Sanitation District: 378 -2408
b) County Health Department: 299 -6060
27. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect
or engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5.
Please obtain Town Special Inspection form from the Building Department Service Counter. The Town
Special inspection schedule shall be blue lined on the construction plan.
28. NON -POINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Non -point
Source Pollution Control Program specification sheet shall be part of plan submittal. The specification
sheet (Size 24" X 36 ") is available at the Building Department service counter.
29. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a
building permit:
a) West Valley Sanitation District: 378 -2408
b) Central Fire District: 378 -4015
c) County Health Department: 299 -6060
N 0 MCONDITNS\HI- TECH.AP
Page 2 of 2