1992-179-Approve A Request For The Operation Of A Restaurant Within The Rankin Block Building In The C-2-LHP ZoneRESOLUTION 1992 -179
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
DECISION OF THE PLANNING COMMISSION TO APPROVE A REQUEST
FOR THE OPERATION OF A RESTAURANT WITHIN THE RANKIN BLOCK
BUILDING IN THE C -2 -LHP ZONE, CONDITIONAL USE PERMIT U -92 -5
(LOCATED AT 131 WEST MAIN STREET /OWNER DAVE WILSON, ET AL./
APPLICANT, LE BOULANGER, INC. /APPELLANT, JOHN LIEN)
WHEREAS:
A. Le Boulanger, Inc., applicant, has requested approval to operate a restaurant
within 3, 549 square feet of commercial area at 131 West Main Street. This space is
approximately 80 percent of the first floor of the building (Conditional Use Permit U -92-
5);
B. The Planning Commission considered this matter on May 13, 1992 and
approved the application subject to conditions recommended by the Development Review
Committee;
C. The applicant has appealed condition number 6 of the application which deals
with traffic mitigation fees and requested that the fees be waived; and
D. A Town Council public hearing was held on June 15, 1992, July 20, 1992 and
September 8, 1992.
RESOLVED:
A. The Planning Commission erred in failing to consider allowing delay in
payment of traffic mitigation fees until occupancy.
B. The Town Council hereby makes the following findings for granting the
Conditional Use Permit as follows:
1. The proposed use of the property is essential and desirable to the public
convenience or welfare because it will provide a place to eat and will help vitalize the
downtown area since the building has been closed since the earthquake;
2. The proposed use will not impair the integrity and character of the zone since
it will be located in a commercial zone and is relocating from its present location which is
down the street;
3. The proposed use will not be detrimental to public health, safety or general
welfare because the conditions of this permit are intended to reduce any unforseen impact
on the neighborhood; and
4. The proposed use is in harmony with the various elements and objectives of
the General plan and Downtown Specific Plan and the purposes of the Zoning Ordinance
in that it is an acceptable use in the downtown and is compatible with other uses in the
vicinity.
5. The proposed use will have a substantial community benefit as specifically
described in the applicant's letter of community benefit as specifically described in the
applicant's letter of community benefit (Exhibit A).
6. Delay in payment of traffic impact fees until occupancy will not unreasonably
interfere with the Town's ability to complete traffic improvements.
C. Based on the foregoing findings, the Town Council grants Conditional Use
Permit Application U -92 -5 subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The maximum hours of operation shall be from 6 A.M. to 10 P.M. seven days
per week.
2. The maximum number of seats shall not exceed 84.
3. All meals served on -site shall be on re- usable utensils.
4. Any take -out food shall be served in recyclable containers.
5. Deliveries shall be prohibited on West Main Street and deliveries on
Montebello Way shall be prohibited during the weekday peak hours of 7 to
9 A.M., 12 to 1 P.M., and 4 to 6 P.M.
TO THE SATISFACTION OF THE TOWN ENGINEER:
6. All fees, except traffic impact mitigation fees, shall be paid prior to the
issuance of any permits. The traffic mitigation fees shall be paid prior to
issuance of the certificate of occupancy.
PA
7. All requirements of the County Health Department and West Valley
Sanitation District shall be met regarding the interception, separation, or
pretreatment of effluent from the restaurant.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 21st day of September, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN Of OS GATOS
LOS GATOS, CALIFORNIA
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