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2001-027-Granting An Appeal Of A Decision Of The Planning Commission Denying A Request To Modify A Conditional Use Permit (Los Gatos Brewing Company) For A Full Liquor License On Property Zoned C-2.RESOLUTION 2001- 27 RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT {LOS GATOS BREWING COMPANY) FOR A FULL LIQUOR LICENSE ON PROPERTY ZONED C-2. CONDITIONAL USE PERMIT APPLICATION: U-00-32 PROPERTY LOCATION: 130-G NORTH SANTA CRUZ AVENUE PROPERTY OWNER: DENNIS & KATHY VARNI APPLICANT/APPELLANT: ANDREW PAVICICH, JR. WHEREAS: A. This matter came before Council forpublic hearing on March 5, 2001, on an appeal by Andrew Pavicich, Jr. (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 w11o 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 February 28, 2001, along with subsequent reports and materials prepared concerning this application. C. 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 Sunday through Thursday until 11:00 p.m.; and until 1.:00 a.m. on Friday, Saturday, holidays and evenings before holidays. D. The applicant/appellant is appealing the Plamling Commission decision because he believes that the Commission did not Have the discretion to deny the application. E. Council finds as follows: 1. Granting the application will not ncreasethe 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 alcohol 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 29.20.3D0, this application raised issues of concentration and saturation of businesses serving alcohol in the Downtown areaunderthe Town's Alcohol Policy and, consequently, required interpretation of a policy over which the Planning Commission did not have the discretionto 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 Application U-00-32 is granted. 2. The conditions of approval as recommended to the Planning Commission on January 10, 2001, set out in Exhibit B to the Plam7ing Commission Staff Report dated January 5, 2001, are hereby adopted as the Conditions of Approval of this Conditional Use Application. 3. 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 shorter time as required by state or federal law. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 19`'' day of March, 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 OF TOWN OF LOS GATOS OS GATOS, CALIFORNIA ATTEST ~L~ CLERK OF THE TO«VN OF L GATOS LOS GATOS, CALIFORNIA s:~aryat9o~.io.wpa RECOMMENDED CONDITIONS OF APPROVAL FOR: 130-G N. Santa Cruz Avenue Conditional Use Permit U-00-32 Requesting approvalto modifya conditional use permit (Los Gatos Brewing Company) fora#ull liquor license on property zoned C-2. PROPERTY OWNER: Dennis and Kathy Varni APPLICANT: Andrew P. Pavicich TO THE :SATISFACTION OF THE .DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. RESTAURANT SEATING. The maximum number of seats in the dining area shall not exceed 213. 2. BAR SEATING. The maximum number of seats in the bar area shall not exceed 50. 3. HOURS OF ALCOHOLIC BEVERAGE SERVICE. Alcoholic beverage service shall not be allowed: a. After 11:00 PM. Sunday through Thursday,. except for holidays and eveningsbefore holidays. b. After 1:00 AM Friday..,. Saturday., holidays, or evenings .before holidays. 4. HOURS OF OPERATION. The maximum hours of operation shall be as #ollows: a. 11:30 AM to 11:00 PM Sunday through Thursday b. 11:30 AM to 1:00 AM Friday, Saturday, holidays.,. and evenings before holidays 5. DINING AREA ALCOHOL SERVICE. Liquor may be served'in the dining area only in conjunction with full meal service. 6. SEPARATE 'BAR. This approval includes a separate bar with full liquor service for on-site consumption. Sale of alcohol for off-site consumption is prohibited. 7. LIVE ENTERTAINMENT. There shall be no live entertainment on the premises. 8. GAMES. There shall be no coin-operated video games, pool tables, or other similar entertainment facilities. 9. BREWERY WASTE. Solid brewing waste products shall be stored within the building in sealed, air- tight containers .and removed within 24 hours of the time the waste products are .generated. Such containers shall be cleaned .after each use with the residue trapped and discharged to the sanitary sewer. Should sanitary sewer discharges from the facility be increased above average levels, the brewery operator shall contact the Regional Water Quality Control Plant for disposal instructions prior to disposal. 10. BREWERY EQUIPMENT NOISE. If it is determined that noise emitted from the brewing equipment exceeds ambient noise levels as established by Town Code, the Town will require the applicant to implement necessary insulation or noise .mufflers as needed to abate any violations of the Noise Ordinance. 11. 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) 12. UNIFORMED SECURITY. Uniformed security guards may be provided by the restaurant operator for security in and around the premises by the Chief of Police if alcohol related .problems occur. 43. CONSULTATION .AND TRAINING. At the discretion of the Chief of Police, .periodic meetings will be conducted with representatives from the Police Department for on-going employee training on alcoholic beverage service to the general public. 14. TRAINING .MANUAL. The restaurant operator shall use an employee training manual that addresses alcoholic beverage service consistent with the .standards of the California Restaurant N:\DEV~CONDITNS\U-00-32.wpd Page 1 of 2 Association 15. DESIGNATED .DRIVER PROGRAM. The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 16. POSTING OF TAXICAB TELEPHONE NUMBERS. The restaurant operator shall post in a visible location the telephonenumbers of local taxicab companies and operators. N:\DEV\CONDITNS\U-00-32.wpd Page 2 of 2