1996-057-Deny A Request To Modify An Existing Conditional Use Permit To Allow An Outdoor Freestanding Fireplace And A Revised Plan For Retractable Awning On Property In The C-2-LHP Zone With ConditionsRESOLUTION 1996 - 57
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO
MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR
FREESTANDING FIREPLACE AND A REVISED PLAN FOR A RETRACTABLE
AWNING ON PROPERTY IN THE C -2 -LHP ZONE WITH CONDITIONS
CONDITIONAL USE PERMIT APPLICATION U -95 -6
(PROPERTY ADDRESS: 208 BACHMAN AVENUE
PROPERTY OWNER: BERT MILLEN
APPLICANTS /APPELLANTS: CHRIS BENSON AND JOHN HANNEGAN)
WHEREAS:
A. This matter came before the Council for public hearing on April 15, 1996, on an
appeal by the applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. The Town Council had returned the application to the
Development Review Committee in Resolution 1995 -126 to attempt to resolve outstanding issues
regarding the use, and Development Review Committee considered the matter at meetings in
November, 1995, and March, 1996. The matter was continued on the Council agenda at the
applicant's request on January 16, February 5, and March 18, 1996, finally to the April 15, 1996,
hearing.
B. The Council received testimony and documentary evidence from the applicant and
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 Report dated April 11, 1996, concerning this
application.
C. The building involved in this application lost its historical integrity many years ago
and it has become an amalgamation of a variety of styles. C.B.Hannegan's is a unique institution
in Los Gatos.
D. The awning at issue in this application is functional and attractive, and the Council
will not attempt to redesign it.
E. The applicant has agreed to paint the exposed steel beams in a green color to
coordinate with the awning itself, and the applicant has further agreed that the Council may revisit
the covering of the steel beams when it receives the Planning Director's report as required in the
conditions of approval contained in Exhibit A.
F. The decision of the Planning Commission should be reversed pursuant to Town
Code § 29.20.300(b), because:
1. The applicant has had extensive meetings with the Development Review
Committee to resolve issues that were left unresolved before the Planning Commission
regarding the awning, fireplace, glass panels, and service bar, which constitutes new
information that the Commission did not have before it; and
2. The Council has the discretion, which the Commission does not, to interpret
the meaning in the Town Code of "intensification of use," which the applicant's proposal
is not, and of "minor exterior alteration," which the applicant's proposal is.
G. The modification of the conditional use permit is appropriate because:
1. The proposed use is desirable because C.B.Hannegan's is a unique institution
in Los Gatos, and it should continue to operate at this location.
2. The proposed use will not impair the integrity of the zone because
C.B.Hannegan's has been in existence at this location for a long time, and the modification
will allow the use to remain competitive in a tough market.
3. The proposed use will not be detrimental to the public health, safety or general
welfare.
4. The proposed use is in harmony with the elements and objectives of the general
plan and the Zoning Code.
H. The modification is also consistent with the Town General Plan and the Los Gatos
Downtown Redevelopment Plan because the use fits within the Central Business District, which
is intended to encourage continued development of a strong core of community- oriented
commercial goods and services.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of May, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin
SIGNED:
MAY OF THE TO OF LOS GATOS
LOS GATOS, CAL ORNIA
ATTEST:
4 r
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA N: \SHARE \ATTY0506.18
4/24/96 A4
EXHIBIT A
CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT APPLICATION U -95 -6
208 BACHMAN AVENUE
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The total number of seats both indoors and outdoors may not exceed 125. Maximum
number of outside seats shall not exceed 37.
2. Hours of operation may not exceed 11:30 a. in. to 2 a. in.
3. No bar or service bar shall be permitted in the outside dining area; however, a waiters
station for employee use is permitted outside, provided it is not used for any alcohol
purpose. The waiters station can be used for storing clean and /or dirty dishes and as a
nonalcoholic beverage station (e.g., coffee, tea, etc.).
4. Food service shall be available at all times alcoholic beverages are served. Alcoholic
beverages may only be served in the outside dining area with a meal. A meal is
defined as a combination of meal 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.
5. Outdoor dining is permitted in the patio area fronting Bachman Avenue from 11:30
a.m. to 12 midnight.
6. Outdoor live music is prohibited.
7. A preferential parking system in the Almond Grove area must exist. Should the
preferential parking be modified to reduce parking restrictions, this conditional use
permit shall be set for public hearing before the Planning Commission for
determination of impact on the neighborhood. Notice of such public hearing shall be
given to C.B.Hannegan's not less than 30 days after the date of said modification to the
preferential parking system. The date of the public hearing shall be held within 60
days of said action.
8. Outdoor activities are prohibited unless expressly permitted under the terms of this
Conditional Use Permit.
9. There shall be no amplification of music.
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10. Outdoor seating shall be at tables and chairs and not at tall tables.
11. The umbrellas in the outside patio area shall contain no advertising of any business
products.
12. The chimney height (of the outdoor patio area fireplace) shall not exceed i l feet above
existing grade. The wall height (around the outdoor patio area) shall not exceed 5.5
feet above existing grade. The partition height (around the outdoor patio area) shall
not exceed 4.5 feet above the wall height.
13. The glass panels shall be clear, tempered glass with no etching, decal or other marking
or attachment that would constitute a sign as defined in Section 29.10.100 of the Town
Code, as it exists on May 6, 1996.
14. The outside dining area (including the waiter station) shall not exceed 550 square feet.
15. The glass panels shall be permanently installed, not openable, and form a continuous
physical barrier between the dining area and the public sidewalk.
16. The Planning Director will submit a report for the October 21, 1996, agenda of the
Town Council describing any complaints or comments on the conditional use.
TO THE SATISFACTION OF THE POLICE CHIEF:
17. 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 owners.
18. 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.
19. This establishment shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant Association.
20. All licensed operators shall have and shall actively promote a designated driver
program such as complimentary non - alcoholic beverages for designated drivers.
21. Taxicab telephone numbers shall be posted at a visible location.
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TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
22. At no time shall anything combustible be placed in the fireplace. No cooking is
permitted within the fireplace or in any portion of the outside dining area. Only a
natural gas log lighter with permanent gas logs may be installed in the fireplace in the
outdoor dining area.
SPECIAL OUTDOOR ACTIVITIES:
22. No more than four (4) times during a calendar year, outdoor activities may be
conducted in the outdoor area behind the restaurant, subject to the approval of the
Chief of Police.
23. All the requirements of a Special Event must be satisfied if the outdoor activity
qualifies as a Special Event as defined in Section 14.100.020 of the Town Code.
24. Approval from the Chief of Police must be obtained at least 10 days prior to an outdoor
activity and 60 days prior to an outdoor activity that requires a Special Event Permit,
25. Approved outdoor activities shall cease no later than midnight.
26. Outdoor entertainment is only permitted for approved outdoor activities and must cease
no later than 10 p.m.
27. The service of alcoholic beverages for outdoor activities is only permitted with food
service.
28. All conditions that apply to the restaurant and bar apply to approved outdoor activities
unless specifically excepted under the conditions for "Special Outdoor Activities."
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