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2001-046-Granting Appeal Of The Planning Commission Decision Denying A Request To Approve Full Liquor License (Willow Street Wood Fired Pizza).RESOLUTION .2001 - 46 ADOPT RESOLUTION GRANTING APPEAL OF THE PLANNING COMMISSION DECISION DENYING A REQUEST TO APPROVE FULL LIQUOR LICENSE (WILLOW STREET WOOD FIRED PIZZA). CONDITIONAL USE PERMIT: J-01-1. PROPERTY.LOCATION:. 20 S. SANTA CRUZ AVENUE, #218. PROPERTY OWNER: PARK ROW EAST APARTMENTS (LYNDON PLAZA). APPLICANT; WILLOW STREET WOOD FIRED PIZZA. APPELLANT: EDWARD RATHMAN. WHEREAS: A. This matter came before Council for public hearing on April 16, 2001, on an appeal by Edward Rathman, the applicant /appellant, from a decision of the Planning Commission and was regularly .noticed in conformance with State and Town'law. B. Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet. of material contained in the Council Agenda Report dated Apri112, 2001, Addendum dated April 12, ..2001, and Deslc Item dated April 16, 2001 along with subsequent reports and .materials prepared concerning this application. C. The applicant/appellant is requesting approval to operate under a full. liquor license at an existing restaurant currently serving beer and wine. The service of alcohol is proposed for 10:00 p.m. Sunday through Thursday, and until 11:00 p.m. Friday aild Saturday. D. The Planning Commission considered this item on March 28, 2001 and denied the .application. E. The appellant/applicant is appealing the Planning Commission decision because they believe that the Commission did not have the discretion to deny the application. F. Council finds as follows: 1. Grantingthe application will not increase the number of establishments in the Downtown area serving .alcohol. 2. The Chief of Police has determined that conversion from beer and wine service to full alco11o1 service does not increase alcohol related problems in the Town. 3. The applicant/appellant has operated in a responsible manner. 4. Pursuant to Town Code section 29.20.300, this application raised issues of concentration and saturation of businesses serving alcohol in the Downtown,area under the Town's Alcohol Policy and, consequently, required interpretation of a policy over which the Planning Commission did not have the discretion to modify or address, but which is vested in the Council for modification or decision. RESOLVED: 1. The appeal of the :decision of the Planning Commission on Conditional Use Permit U-01-1 is therefore granted. The Conditions ofApproval, attachedto the Town Council Staff Report dated April 12, 2001, identified as Exhibit D are hereby adopted as Conditions ofApproval for this Conditional Use Permit. 2. The 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 this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil :Procedure Section 1094.6, or such 2 shorter time as required by state or federal law. PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 7t~' day of May, 2001 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynslci. NAYS: None ABSENT: None ABSTAIN: None SIGNED: YOR OFG~~OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST ,~ , ~~ ~ -,.~. ,. CI,FR.K~pF TfIE 'OWN OF LOS GATOS LOS GATOS CALIFORNIA 3 PLANNING COMMISSION MEETING OF March 28, 2001 CONDITIONS OF APPROVAL FOR: 20 S. Santa Cruz Avenue:#218 a. Conditional Use Permit U-01-1 TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. APPROVAL: This. application shall be completed in accordance with all ofthe conditions of approval listed below and in substantial compliance with the plans approved and .noted as Exhibit E in the report to the Planning Commission. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development or the Planning Commission, depending on the scope of the changes. 2. NUMBER OF SEATS. The maximum number of seats shall not exceed 136. 3. HOURS`OF ALCOHOLIC BEVERAGE SERVICE. The maximum hours of alcoholic beverage service shall be from 11:DOam till 10:00 pm Sunday through Thursday, and 11:00 am till 11:00 am Friday and Saturday. 4. HOURS OF OPERATION. The maximum hours of operation shall be from 11:OOam to 10:OOpm Sunday through Thursday, and 11::00 am to 11:00 pm Friday and Saturday. 5. TAKE OUT. Take out food shall be served in recycled material containers.. 6. UTENSILS. All beverages .and food served on site shall be served on reusable materials. 7. UMBRELLAS. The umbrellas in the outside patio are shall not contain any advertising. 8. LIVE ENTERTAINMENT. No live entertainment shall be provided unless the applicantreceives future approval of live entertainment. 9. LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has 'been granted is discontinued for a period of one (1') year the approval lapses. TO THE SATISFACTION OF THE CHIEF OF POLICE: (Police Section) 10. ALCOHOLIC BEVERAGES: Alcoholic beverages may be served only with .meals at the restaurant. No alcoholic beverages may leave the premises. A meal is be defined as a combination offood items selected from a menu whichwould constitute a normally accepted meal (breakfast, lunch, dinner, or brunch.). 11. ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverages may be served with .meals in the outside patio area as long as there is a barrier or solid fencing, 3 feet and 6 inches in height surrounding the patio area and separating it from the sidewalk. The barrier maybe a combination of fencing,. shrubbery, or clear plastic equal to 3 feet and 6 inches. A hostess shall be stationed at the outdoor seating entrance at all times. 12. .PATIO DINING -DEFINITION OF MEALS: Alcoholic beverages maybe served only in conjunction with meals in the patio area and no alcoholic beverages may leave the premises. A meal should be defined as a combination ofYood items selected from a menu which would constitute a normally accepted "meal" (breakfast, lunch, dinner or brunch). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc., should not be considered meals. 13. RESTAURANT PERIMETER: The shrubbery, plants in the planters surrounding the patio will be properly cared for and maintained. The outside patio area will have continuous supervision by restaurant staff during hours of operation. The gate to the rear of the patio area will open from the inside patio area only and signed -EXIT ONLY. 14. MUSIC: No live music will be :allowed in or around the .premises and any piped in music will s#ay within the sound ordinance limitations. 15. SECURITY & STAFF TRAINING: Staff training by the Alcoholic Beverage Control or the Los Gatos/Monte Sereno Police Department may be required if it is determined that there are problems N:\DEV\CONDITNS\U-01-1.wpd Page 1 of 2 EXHL[3IT D connected with the service of alcoholic beverages. Uniformed Security Guards may be required in or around the premises by the Chief of Police if a need has been determined and the problems are not resolved by the licensed operator. 16. TRAINING MANUAL. The restaurant operator shall use an employee training manual that addresses .alcoholic .beverage service consistent with the standards of the California Restaurant Association 17. 'DESIGNATED DRIVER PROGRAM.. The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 18. POSTING OF TAXICAB TELEPHONE NUMBERS. Taxicab telephone numbers shall be posted in a visible location. N:\DEV\CONDITNS\U-01-1.wpd Page 2 of 2