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2010081602 - Modify a conditional use permit to expand an existing restaurant James RandalltoWh o MEETING DATE: 08/16/10 = ITEM NO: ~V~ ~ s Gatos COUNCIL AGENDA REPORT DATE: AUGUST 3, 2010 TO: MAYOR AND TOWN COUNCIL n~A~,~ FROM: MICHAEL MARTELLO, TOWN ATTORNEY~IY1~'~" SUBJECT: RESOLUTION GRANTING APPROVAL TO MODIFY A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT (JAMES RANDALL RESTAURANT) TO INCREASE THE NUMBER OF SEATS, TO MODIFY THE HOURS OF OPERATION, AND TO ALLOW FULL ALCOHOLIC BEVERAGE SERVICE ON PROPERTY ZONED C-2. APN: 510-14-048; CONDITIONAL USE PERMIT APPLICATION: U-10-009; PROPERTY LOCATION: 303-305 N. SANTA CRUZ AVENUE; PROPERTY OWNER: BERT MILLEN; APPLICANT: BRENDA HAMMOND RECOMMENDATION: Adopt resolution granting approval to modify a Conditional Use Permit to expand an existing restaurant (James Randall restaurant) to increase the number of seats, to modify the hours of operation, and to allow full alcoholic beverage service on property zoned C-2. DISCUSSION: On August 2, 2010, Council considered and voted to approve a modification to the existing conditional use permit to expand an existing restaurant (James Randall restaurant) to increase the number of seats, to modify the hours of operation, and to allow full alcoholic beverage service on property zoned C-2. The attached resolution fmalizes that decision. Attachments: Proposed Resolution PREPARED BY: Michael Martello, Town Attorney Reviewed by: n Manager Assistant Town Manager Clerk Finance Community Development N:\DEV \CNCLRPTS\2010\NSC303305_AdoptRes.docx Reformatted: 5/30/02 RESOLUTION 2010- RESOLUTION GRANTING APPROVAL TO MODIFY A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT (JAMES RANDALL RESTAURANT) TO INCREASE THE NUMBER OF SEATS, TO MODIFY THE HOURS OF OPERATION, AND TO ALLOW FULL ALCOHOLIC BEVERAGE SERVICE ON PROPERTY ZONED C-2. APN: 510-14-048 CONDITIONAL USE PERMIT APPLICATION: U-10-009 PROPERTY LOCATION: 303-305 N. SANTA CRUZ AVENUE PROPERTY OWNER: BERT MILLEN APPLICANT: BRENDA HAMMOND WHEREAS: A. This matter came before the Town Council for public hearing on August 2, 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 July 21, 2010, along with any and all subsequent reports and materials prepared concerning this application. C. The applicant seeks to expand an existing restaurant (James Randall) to increase the number of seats, modify the hours of operation, and provide full alcoholic beverage service on property zoned C-2. Currently, the applicant's is allowed a maximum of 24 seats, hours of operation of 7:00 a.m. to 10:00 p.m. seven days a week, and beer and wine service with meal service. However, the applicant is requesting a maximum of 36 seats, hours of operation of 7:00 a.m. to 12:00 p.m. seven days a week, and full alcoholic beverage service. D. On July 14, 2010, the Planning Commission considered the request to expand an existing restaurant (James Randall) to increase the number of seats, modify the hours of operation, and provide full alcoholic beverage service on property zoned C-2. The Commission recommended approval of the request fmding that the use meets the requirements of the Alcoholic Beverage Policy, the Standards for Outdoor Restaurant Seating, and the intent of Ordinance 2021 regarding additional restaurant use in the downtown area. 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. Ordinance 2021 requires the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public hearing process. The hearing body reviews applications that would displace retail uses with restaurant uses on a case-by-case basis to ensure the C-2 zone maintains a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area. G. 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 July 21, 2010, and incorporates the fmdings made by the Planning Commission on July 14, 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 staffreport prepared for the public hearing on July 14, 2010. RESOLVED: 1. The CUP application U-10-009 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 16th 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 EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL -Revised August 2, 2010 303-305 N. Santa Cruz Avenue Conditional Use Permit U-10-009 Requesting approval to expand an existing restaurant (James Randall Restaurant) to increase the number of seats, to modify the hours of operation, and to allow full alcoholic beverage service on property zoned C-2. APN 510-14-048. PROPERTY OWNER: Bert Millen APPLICANT: Brenda Hammond 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 and in substantial compliance with the plans approved and noted as received by the Town on May 27, 2010. 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. 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 pursuant to Section 29.20.340 of the Zoning Ordinance. 3. USE. The approved use is a quality restaurant. 4. NUMBER OF SEATS. The maximum number of seats for the restaurant shall not exceed 36, inclusive of indoor and outdoor seating. 5. OUTDOOR SEATING. A physical separation between the outdoor seating and the public right-of--way shall be installed and maintained on private property, to the satisfaction of the Director of Community Development, Chief of Police, and Director of Parks and Public Works. The physical separation shall be a minimum of three feet high, but no higher than four feet, and be installed in a manner that allows access only through the restaurant. Plans for the physical separation shall be submitted for review by the Town prior to issuance of a building permit. If a "soft" or non-permanent barrier is installed, the barrier shall be reviewed after one year of final occupancy to determine if a permanent barrier must be installed, to the satisfaction of the Director of Community Development, Chief of Police, and Director of Parks and Public Works. If a permanent barrier is required, the barrier shall be reviewed by the Development Review Committee. 6. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE. A restaurant employee must seat patrons in the outdoor seating area. 7. HOLD HARMLESS AGREEMENT. Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE. Outdoor furniture shall be of high quality in terms of materials and appearance (plastic firrniture is not permitted). 9. HOURS OF OPERATION. Maximum hours of operation for the restaurant shall be 7:30 a.m. to 11:00 p.m., seven days a week. 10. HOURS OF ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverage service shall cease at 11:00 p.m., seven days a week. 11. ONE YEAR REVIEW. One year after issuance of the Certificate of Occupancy, the applicant may request review of the Conditional Use Permit to increase the hours of alcoholic beverage service to 12:00 a.m. consistent with the Town's Alcoholic Beverage Policy. The request for review shall be submitted by the applicant to the Town of Los Gatos Community Development Department with applicable application materials and fees. The request shall be reviewed by the appropriate Town deparhnents and by the Planning Commission and Town Council. 12. ALCOHOL SERVICE. The service of alcoholic beverages for the restaurant is permitted only with meals. 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. However, a dining service bar with no patron service, seating, or standing is allowed to prepare beverages to be served with meals or to patrons in the waiting area prior to receiving meal service. 13. LIVE ENTERTAINMENT. No live entertainment is allowed. 14. TAKE OUT SERVICE. There shall be no dedicated walk up counter. 15. DELIVERIES. Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 16. OUTDOOR LIGHTING. Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 17. 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 forth in the approval. Building Division 18. PERMITS REQUIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 19. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36". 21. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms must beblue-lined on the plans including lighting compliance and mandatory measures. 22. TITLE 24 ACCESSIBILITY - COMMERICAL: For any proposed tenant improvements, on-site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 23. TITLE 24 -COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect and then confirmed by Town staff. 24. TITLE 24 -RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378-2408 b. Environmental Health Department: (408) 885-4200 c. Town Public Works Deparhnent: (408) 399-7530 25. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 26. APPROVALS REQUIltED: The project requires the following deparhnents and agencies approval before issuing a building permit: a. Community Development -Planning Division: Jennifer Savage (408) 399-5702 b. Santa Clara County Fire Department: (408) 378-4010 c. West Valley Sanitation District: (408) 378-2407 d. County Environmental Health Departrnent: (408) 885-4200 27. ADVISORY COMMENTS for RETAIL TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing Buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessiblity for Existing Buildings". Existing accessibility features and/or elements required to be accessible in order of priority include: (a) Accessible entrance with required signage and door hardware; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible fitting or dressing rooms in compliance with CBC Sections 1117B.8 and 1133B.6.2. (d)Accessible Restrooins. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $128,410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20% of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosca.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue-lined, sticky-backed) to the plans. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 28. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of--way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into stone drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required maintenance at the developer's expense. 29. ENCROACHMENT PERMIT. All work in the public right-of--way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 30. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of--way. Failure to do so will result in rejection of work that went on without inspection. 31. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 32. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 33. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewallc requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 34. PARKING. Any proposed parking restrictions must be approved by LGP 35. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 36. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 37. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 38. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $6,088. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on Quality Restaurant use. 39. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 40. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 41. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 42. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 43. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 44. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area drains connected to the sanitary sewer system shall be provided. Temporary trash enclosures are exempt from this condifion. 45. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the intercepfion, separation or pretreatment of effluent. 46. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 47. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent publicright-of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required maintenance at the developer's expense. 48. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. TO THE SATISFACTION OF THE CHIEF OF POLICE: 49. 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. 50. 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. 51. 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. 52. DESIGNATED DRIVER PROGRAM. The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 53. POSTING OF TAXICAB TELEPHONE NUMBERS. Taxicab telephone numbers shall be posted in a visible location.