HomeMy WebLinkAboutCity Council Resolution 2515 RESOLUTION NO. 2515
RESOLUTION Ol~ THE CITY COUNCIL OF THE
CITY OF SARATOGA REVERSING A DECIBION OP
THE PLANNING COMMISSION
WHEREAS, Michael Del Monaco, the applicant, has applied to the City of
Saratoga for a variance and use permit to expand the seating capacity and allow
outdoor dining at the Trattoria Restaurant located at 14510 Big Basin Way, such
applications being identified as V-87-032 and UP-87-019, and
WHEREAS, on May 11, 1988, the Planning Commission of the City of
Saratoga conducted a public hearing on said applications, and following the conclusion
thereof, the Planning Commission denied both applications; and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on July 6, 1988, the City Council conducted a de novo public
hearing on the appeal, at which time any person interested in the matter was given an
opportunity to be heard, and following the conclusion of such hearing, the City Council
voted to affirm the decision of the Planning Commission and deny the appeal; and
WHEREAS, on August 8, 1988, the City Council voted to reconsider its
denial of the appeal and set the matter for a further public hearing on
September 7, 1988; and
WH]~REAS, on September 7, 1988, a further public hearing was conducted
and the City Council thereafter reviewed and considered the staff reports, minutes of
proceedings conducted by the Planning Commission relating to said applications, and
the written and oral evidence presented to the City Council in support of and in
opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at its
meeting on September 7, 1988, by a vote of 4-1 with councilmember Moyles dissenting,
did resolve as follows:
1. The appeal from the Planning Commission was upheld with respect to
the application for a use permit and the decision of the Planning
Commission denying such use permit was reversed.
2. The granting of a use permit to allow outdoor dining was based upon
an agreement by the applicant to reduce the indoor seating of the
restaurant by an equivalent number during the period of time in
which the outdoor dining was conducted. This reduction of indoor
seating would avoid the need for additional parking spaces since the
total seating capacity of the restaurant would not be increased. The
Council also noted that no objections to the proposed outdoor dining
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had been raised by any other occupants of the shopping center. A use
permit was therefore granted, subject to the following conditions:
(a) Outdoor dining shah be allowed only during the hours of
11:00 a.m. to 5:00 p.m.
(b) The total number of seats utfiized for outdoor dining shall not
exceed 15.
(e) The outdoor dining shah be conducted only within that portion
of the shopping center as shown on the drawing attached hereto
as Exhibit "A" and made a part hereof.
(d) During any period in whieh outdoor dining is being conducted,
the number of indoor seats within the restaurant shall be
reduced by the number of seats utilized for outdoor dining.
(e) The total seating capacity of the restaurant, including the
combined number of indoor and outdoor seats when outdoor
dining is being conducted, shah not exceed 65 seats.
(f) If any condition of the use permit is violated, the applicant
shall pay to the City liquidated damages in the amount of $10{}
per day for each day in which such violation occurs. Such
damages shall be in addition to any other rights and remedies
available to the City by reason of the violation.
(g) If two notices of violating the use permit conditions are given
by the City to the applicant, upon the oeeurrence of a third
violation, a public hearing shall thereupon be scheduled before
the City Council to consider a revocation of the use permit.
(h) The applicant shall defend and indemnify the City against any
claims arising from the conduet of the activity authorized by
the use permit.
(i) The City reserves continuing jurisdiction over the use permit
and may modify the conditions thereof, or add new conditions,
at any time.
3. Because the use permit, as granted by the City Council, does not
result in any increase in the total seating capacity of the restaurant
for which additional parking spaces would be required, the application
for a variance is moot and no action was taken by the City Council
thereon.
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The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 21st day of
September 1988, by the following vote:
AYES: Councils Clevenger, Moyles, Peterson, Stutzman and Mayor Anderson
NOES: No~e
ABSENT: Nc~e
Mayor
City Clerk ~
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