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HomeMy WebLinkAboutCity Council Resolution 94-05 RESOLUTION 94 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION APPELLANT MASEK; APPLICANT STARK; 14480 BIG BASIN WAY UP-93-006 WHEREAS, Mr. Stark, the applicant has applied for Use Permit approval to operate a restaurant and sell beer and wine for both on and off premises consumption within the Commercial Historic Zoning Oistrict at 14480 Big Basin Way; and WHEREAS, on October 27, 1993, the Planning Commission of the City of Saratoga held a duly noticed public hearing on said application at which time all interested parties were given a full opportunity to be heard and to present evidence and following the conclusion thereof the Planning Commission voted to grant the use permit approval; and WHEREAS, Mr. J. Masek has appealed the approval of the Planning Commission to the City Council; and WHEREAS, on December 1, 1993, and January 5, 1994 the City Council conducted a de novo public hearing on the appeal at which time any person interested in the matter was given a full opportunity to be heard; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Commission relating to the application, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga ae follows: 1. By unanimous vote of the City Council the appeal from the Planning Commission is hereby denied and the action of the Planning Commission is affirmed, to wit: The applicant has met the burden of proof required to support the application for the issuance of a use permit [or the operation of a restaurant and the sale on and off premises of beer and wine and the following findings have been determined: a. That the proposed bar/restaurant is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. 1 b. That the proposed bar/restaurant and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. c. That the proposed bar/restaurant will comply with each of the applicable provisions of this chapter. 2. After careful consideration of the site plan, reports, plans and other exhibits submitted in connection with this matter, the application of Stark for use permit approval be and the same is hereby granted subject to the following conditions: a. The bar/restaurant shall operate as proposed and as represented on the floor plan marked Exhibit "A". Any intensification of this use shall require an amended Use Permit and Planning Commission approval. b. Prior to issuance of a zone clearance for the proposed tenant improvements, the owner/applicant shall submit verification from the West Valley Sanitation District to the Community Development Department for the following: (1) Compliance with the Districtts sanitary sewer permit requirement. Applicant shall contact Jonathan Lee of the Sanitation District at (408) 378-2407. (2) Approval of proposed facilities by the District~s industrial waste inspector. Applicant shall submit a copy of the plan for approval to Ms. Karen McDonough, SJ/SC Water Pollution Control Plant, 700 Los Esteros Road, San Jose, CA 95134. c. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to; health, sanitation, safety, and water quality issues. d. The establishment shall not be opened or operated in any form prior to 7:00 a.m. or after 11:00 p.m. on a daily basis. On not more than five days per each calendar year, the establishment may remain open until I a.m. for special events. Prior to each special event, written notice must be submitted to the Community Development Department. e. The applicant shall apply for review of this Use Permit within one year from the date of approval to the Community Development Director. The permit will be reviewed by the Community Development Director to determine if the approved hours of operation continue to be appropriate and to address any other 2 complaints or problems which may arise associated with the business operation. f. Prior to issuance of a Zoning Clearance, the applicant shall submit an improvement plan to the Community Development Director indicating how the garbage bins and parking spaces can most efficiently be arranged to maximize the number of on-site parking spaces. It shall then be required that these improvements be constructed and/or implemented prior to the opening of the bar/restaurant for business. g. Applicant agrees to hold the City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. h. Non-compliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. i. Applicant shall post signs within the premises placing customers on notice of the fact that the Bank of America Parking Lot is a private lot and unavailable for use by applicant's patrons. The exact number, location and content of the signs shall be subject to review and approval of the Community Development Director. j. Prior to issuance of a certificate of occupancy, the property owner shall execute a recordable document to be recorded with the Santa Clara County Recorder, waiving all rights the owner may have to object to future inclusion of the subject property in the formation of or annexation to any assessment, benefit assessment or improvement district or authority. k. Prior to issuance of a certificate of occupancy, applicant shall provide evidence to the satisfaction of the Community Development Director and the City Attorney that applicant's patrons shall have an unfettered input of access to and use of the parking lot located directly at the rear of the building containing the subject bar/restaurant. 3. Construction must be commenced within 24 months or approval will expire. 4. All applicable requirements of the State, County, City and other governmental entities must be met. 5. The applicant shall affix a copy of this resolution to 3 each set of construction plans which will be submitted to the Building Division when applying for a building permit. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19th day of January , 1994, by the following vote: AYES: Councilmembers Anderson, Burger, Koh]e~, Monia and Mayo~ Tucker NOES: None ABSENT: None ABSTAIN: None l~ayor ATTEST: City Cl January 10, 1994 snrsw\273\Res\UP93006.msr