1993-128-Approve A Request For Permission To Establish A Restaurant (Tea Room) With Outdoor Seating And For A Beer And Wine Licences On Property In The C-2 ZoneRESOLUTION 1993 -128
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
UPHOLDING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE
A REQUEST FOR PERMISSION TO ESTABLISH A RESTAURANT (TEA ROOM)
WITH OUTDOOR SEATING AND FOR A BEER AND WINE LICENSE ON
PROPERTY IN THE C -2 ZONE, BY REQUIRING
ADDITIONAL CONDITIONS OF USE
-- CONDITIONAL USE PERMIT U -91 -6A
(LOCATED AT 330 N. SANTA CRUZ AVENUE /PROPERTY OWNER,
FRED R. SCHNEIDER /APPLICANTS, BILL & PAT RAMIREZ)
WHEREAS:
A. On August 2, 1993, the Town Council held a public hearing on the appeal of
Appellant Charles Perrotta of a Planning Commission decision to approve establishment
of a restaurant with outdoor seating and for a beer and wine license on property in the
C -2 Zone located at 330 N. Santa Cruz Avenue, Los Gatos, under a conditional use permit.
B. The public hearing was duly noticed.
C. The Council received written reports of the Town staff, the minutes and
recommendations of the Planning Commission, the materials presented to the Planning
Commission, and additional testimony and written submittals from those present at the
public hearing and others.
D. The Council considered all of the above in reaching the decision set forth
herein.
E. The proposed restaurant operation provides a desirable alternative for dining
and gathering in the community.
F. The proposed restaurant operation is allowed and encouraged in the Central
Business District.
G. The proposed restaurant operation will have reasonable limitations on any
service of beer or wine in connection with the operation.
H. The consistency of the proposed restaurant operation with the Town's General
ATNY014VCNCLRPTS \330nsca.RES
Plan, traffic and parking policies, and the well -being of the Central Business District
depends on the limitation on seating availability proposed by the Applicants: there will be
a limited number of specified seatings for food and beverage service during the hours of
operation of the restaurant, and the limitations on alcoholic beverage service consistent with
Town policy.
I. The Planning Commission decision did not provide sufficient conditions to
limit the restaurant operation to that proposed by the Applicants and on which this
approval should be based.
J. Whether the restaurant is classified as a "quality restaurant" or a "high
turnover restaurant', the proposed operation as conditioned by this Resolution will create
a community benefit in providing a pleasant, consistent, and appropriate addition to the
Downtown's services and environment.
RESOLVED:
A. The Council finds error in the decision of the Planning Commission insofar
as it is appropriate and necessary that the decision be modified to add additional conditions
regarding beverage and food service.
B. In all other respects, the decision of the Planning Commission is affirmed,
the findings contained in both this resolution and the Planning Commission decision are
adopted, and the conditions contained in Exhibit A hereto are adopted as the conditions
of approval for Conditional Use Permit Application U- 91 -6A.
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 the 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.
ATNY014 \CNCLRPTS \330nsca.R&S 2
PASSED AND ADOPTED at an adjourned regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 9th day of August, 1993 by the following
vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
jA Y OR OF THE TO OS S
S GATOS, CALIFORNIA
ATTEST:
_ Z f C rl
CLERK OF THE TOWN OF Q GATOS
LOS GATOS, CALIFORNIA
ATNR'014 \CNCLRPTS \330nsca.RES 3
EXHIBIT A
MODIFIED CONDITIONS FOR CONDITIONAL USE PERMIT U -91-6A
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
Planning Section
1. The service of beer and wine is permitted inside the restaurant only. Service of alcoholic beverages
outside is prohibited.
2. The hours of operation are limited from 10 a.m. to 7:30 p.m.
3. The service of alcohol shall be limited to beer and wine and may be served only with meals on the
premises.
4. The use shall include retail sales in conjunction with the restaurant.
5. All beverage and food service shall be by formal seating at times specified by the applicant and on
file with the Planning Director, with no more than four Beatings per day. All seating times shall be
within the hours of operation of the restaurant approved by this conditional use permit, and at no
time shall the restaurant function as a continually open restaurant.
6. All meals served on -site shall be on re- usable utensils.
7. Any take -out food shall be served in recyclable containers.
6. The outside dining area shall be maintained and kept litter free.
9. The maximum seating allowed is 32 (inside or outside).
10. Provide a plan that shows a separation between the outdoor seating and the public right -of -way.
This plan must be approved and implemented prior to any outdoor service.
Enaineerina Section
11. The applicant shall pay a Traffic Mitigation Fee based on current Town Council resolution.
TO THE SATISFACTION OF THE POLICE CHIEF:
12. This Conditional Use Permit shall be subject to annual review by the Town Police Department. If
it is determined that the sale of alcohol is a nuisance, the permit shall be subject to reevaluation by
the Planning Commission.
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