7 - Manresa Full Alcoholic Beverage Service~o'~p of lVIEETING DATE: 08/02/10
ITEM NO:
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t °~ • s C®UNCIL AGENDA REP®RT
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DATE: JUNE 29, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: MICHAEL MARTELLO, TOWN ATTORNF?5' '
SUBJECT: RESOLUTION GRANTING APPROVAL TO MODIFY A CONDITIONAL
USE PERMIT TO OPERATE AN EXISTING RESTAURANT (MANRESA
RESTAURANT) WITH FULL ALCOHOLIC BEVERAGE SERVICE ON
PROPERTY ZONED C-2. APN: 529-04-048; CONDITIONAL USE .PERMIT
APPLICATION: U-10-005; PROPERTY LOCATION: 320 VILLAGE LANE;
PROPERTY OWNER: BARCA PARTNERS/DAVID KINCH; APPLICANT:
SLJNNYHILLS STUDIO/AMY NUNES
RECOMMENDATION:
Adopt resolution granting approval to modify. a conditional use permit to operate an existing
restaurant (Manresa Restaurant) with full alcoholic beverage service on property zoned C-2.
DISCUSSION:
On June 21, 2010, Council considered and voted to approve an amendment to the existing
conditional use permit modifying alcoholic beverage service for an existing restaurant (Manresa
Restaurant) on property zoned C-2. The attached resolution finalizes that decision.
Attachments: Proposed Resolution
PREPARED BY: Michael Martello, Town Attorney
Reviewed by: `J ~~~ Town Manager ~ Assistant Town Manager Clerk
Finance Community Development
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Reformatted: 5/30/02
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RESOLUTION 2010-
RESOLUTION GRANTING APPROVAL TO MODIFY A CONDITIONAL USE PERMIT TO
OPERATE AN EXISTING RESTAURANT (1l~IA1o1RESA RESTAURANT) WITH FULL
ALCOHOLIC BEVERAGE SERVICE ON PROPERTY ZONED C-2.
APN: 529-04-048
CONDITIONAL USE PERMIT APPLICATION: U-10-005
PROPERTY LOCATION: 320 VILLAGE LANE
PROPERTY OWNER: BARCA PARTNERS/DAVID KINCH
APPLICANT: SUNNYHILLS STUDIO/AMY NUNES
WHEREAS.:
A. This matter came before the Town Council for public hearing on June 21, 2010, and was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant 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 June 1, 2010, along with any and all subsequent •
reports and materials prepared concerning this application.
C. The applicant seeks full .alcoholic beverage service for an existing restaurant (Manresa
Restaurant) on property zoned C-2. Currently, the applicant's is allowed to serve beer and wine with
meal service. However, the applicant is requesting full alcoholic beverage service.
D. On May 12, 2010, the Planning Commission considered the request.to allow full
alcoholic beverage service for an existing restaurant (Manresa Restaurant) on property zoned C-2.
The Commission recommended approval of the request finding that the use meets the requirements
and intent of the Alcoholic Beverage Policy.
E. The Town's Alcohol Policy requires any change in the service of alcoholic beverages to be
approved by Council. Council reviews CUP requests for a change in alcohol service on a
case-by-case basis to ensure that the request is appropriate for the specific restaurant and its
location.
F. Council finds as follows:
1. Pursuant to Town Code section 29.20.190, the requested modification. of an
existing CUP is desirable to the public convenience; will not impair the integrity and character of
the zone; would not be detrimental to public health, safety or general welfare; and is in harmony
with the various elements or objectives of the General Plan and the purposes of the Town Code.
This finding is based on the evidence presented in the Council Agenda Report dated June 1, 2010,
and incorporates the findings made by the Planning Commission on May 12, 2010, regarding this
application.
2. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines. as adopted by the Town.
3. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared for
the public hearing on May 12, 2010.
RESOLVED:
1. The CUP application U-10-005 for modification of an existing CUP is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification of this permit.
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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 2"d day of August 2010, by the following vote.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor
Diane McNutt
NAYS
ABSENT:
ABSTAIN:
SIGNED: /s/Mayor Diane McNutt
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/Jackie D. Rose
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL -Revzsed June 21, 2010
320 Village Lane
Conditional Use Perrrut U-10-005
Requesting approval to modify a Conditional Use Permit to operate an existing restaurant
(Manresa Restaurant) with full alcoholic beverage service on property zoned C-2. APN
529-04-048.
PROPERTY OWNER: Sarca Partners/David Kinch
APPLICANT: Sunnyhills Studio/Amy Nunes
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, the Development Review Committee,
the Planning Commission, or Town Council., depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town, Code, unless the approval -has been vested.
3. USE: This approval is for a quality restaurant.
4. OPERATION HOURS: Maximum hours of operation shall be 11:00 a.m. to 11:00 p.m.,
seven days a week.
5. NUMBER OF SEATS: The maximum number of seats is 84, inclusive of the indoor
dining, lounge; and outdoor seating.
6. ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverage service is permitted only to
patrons receiving meal service. A meal is defined as a combination of food items selected
from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. The full dining room
menu shall be offered and available to patrons in the .lounge area at all times. Alcoholic
beverage service includes beer, wine, and distilled spirits for on-site consumption and the'
sale of beer and wine for off-site consumption.
7. ENTERTAINMENT: Live entertainment and amplified music is prohibited.
8. LOUGNE/BAR AREA: The lounge/bar area is limited only to patrons receiving meal
service. A meal is defined as a combination of food items selected from a menu (breakfast,
brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals. The full dining room menu shall. be offered and
available to patrons in lounge area at all times. The lounge/bar area is limited to a
maximum of 10 seats, inclusive of sofas, chairs, and bar seats.
9. SERVICE BAR OPERATION: The service bar shall only operate while the restaurant is
operating.
10. RETAIL: No retail space is allowed within the restaurant, provided that the sale of beer and
wine to restaurant patrons which maybe consumed off-site is .allowed consistent with their
ABC license for a restaurant use.
11. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
EXHIBIT A
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF.OF POLICE:
12. UNIFORMED SECURITY: Uniformed privately provided security guards may be required
in or around the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
13. 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 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: Taxicab telephone numbers shall be
posted in a visible location.
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