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2007-095 - Approving A Request To Modify An Existing Conditional Use Permit To Allow The Service Of Beer & Wine With Meals (Main Street Burgers) On Property Zoned C -2. Apn: 510 -45 -075 Conditional Use Permit: U -07 -142 Property Location: 20 S. Santa CrRESOLUTION 2007 -095 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE SERVICE OF BEER & WINE WITH MEALS (MAIN STREET BURGERS) ON PROPERTY ZONED C -2. APN: 510 -45 -075 CONDITIONAL USE PERMIT: U -07 -142 PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE, SUITE 200 PROPERTY OWNER: JOHN FEECE, SIERRA MANAGEMENT APPLICANT: ED RATHMANN WHEREAS: A. This matter came before Council for public hearing on June 18, 2007, 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 8, 2007, along with any and all subsequent reports and materials prepared concerning this application. C. On July 28, 2004, the Planning Commission approved a Conditional Use Permit (CUP) for a high- turnover, sit -down restaurant (Main Street Burgers) at 20 S. Santa Cruz Avenue, Suite 200. On October 27, 2004, the Commission approved a modification to the CUP to allow an outdoor dining area for the joint use of Main Street Burgers and Cold Stone Creamery. D. On April 25, 2007, the Planning Commission considered the subject application requesting modification of an existing CUP to allow the service of beer and wine on property zoned C -2. The Commission voted to recommend denial based on concerns about how the outdoor patio would be policed and the potential for minors to obtain alcohol. E. Applican. ;eks approval to modify its CUP to alk nor service of beer and wine in conjunction with food service for an existing restaurant. Applicant does not intend to have a stand alone or separate bar, provide any entertainment at the restaurant, or operate past 10 PM. Applicant will require that patrons be served a lunch or dinner meal before being served alcoholic beverages, as required by the Town's Alcohol Policy, and that service of alcohol in approved existing outdoor seating areas be separated from public areas with a physical barrier. The outdoor patio will be closely monitored by the Los Gatos -Monte Sereno Police Department and the Los Gatos Community Development Department to ensure that the conditions found in this CUP as well as the Town's Alcohol Policy are followed. Failure to follow these conditions or the Town's Alcohol Policy will result in the necessary and appropriate corrective action. F. Town Council finds as follows: i. Pursuant to Town Code section 29.20.190, the proposed use of the property 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. Evidence in the record demonstrates that the proposed modification to the CUP would encourage (1) economic and social activity consistent with a small - scale, small town atmosphere and image, (2) the development and retention of locally -owned stores and shops, (3) the preservation of downtown Los Gatos as the historic center of the Town with goods and services for local residents while maintaining the existing Town identity, environment and commercial viability, (4) outdoor service of alcohol in the patio area will be closely monitored by the applicant's employees, the Director of the Department of Community Development and the Chief of Police to ensure compliance with conditions of approval, and (5) alcohol service will terminate at 10:00 p.m. notwithstanding approv6 _ours of operation that allow the applio to remain open until 11:00 P.M. H. Pursuant to the Town Alcohol Policy, the applicant has an established positive record of compliance with its conditions of approval and Town law. In addition, Council finds that the Alcohol Policy is clear in its application in that it does not set quotas regarding restaurants allowed to serve alcohol. Instead, the Alcohol Policy requires a case by case analysis of each application, which may be approved or denied on its own merits consistent with Town standards for alcohol service. Regarding alcohol service in a business that serves youth, a youth friendly business differs from a business that is youth oriented in that the former can provide alcohol service without endangering youth so long as the business complies with its conditions of approval and alcohol related laws and regulations, and parents properly supervise their children. On the other hand, a youth oriented business, i.e., one that is dedicated to provide services and activities for youth, may not be an appropriate for alcohol service. iii. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. iv. 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 March 5, 2007. RESOLVED: 1. Application U -07 -142 is approved. 2. The Conditions of Approval attached hereto as Exhibit A are adopted as the Conditions of Approval of this permit. 3. The decis constitutes a final administrative decii i pursuant to California 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 California Code of Civil Procedure section 1094.6, or such 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 6th day of August 2007 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Barbara Spector, Diane McNutt, Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: Mike Wasserman SIGNED: . MAYOR F THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TTEST: (LEER K �' DMINISTRATOR OF THE TOWN OF LOS GATOS LC�'S- ' OS, CALIFORNIA �o \N 0 MEETING DATE: 8/6/07 ITEM NO: 10 DESK ITEM !ps • G COUNCIL AGENDA REPORT DATE: AUGUST 6, 2007 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY SUBJECT: ADOPT RESOLUTION APPROVING A REQUEST FOR APPROVAL TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW SERVICE OF BEER AND WINE WITH MEALS (MAIN STREET BURGERS) ON PROPERTY ZONED C -2. PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE, SUITE 200 FILE #U -07 -142 PROPERTY OWNER: JOHN FEECE, SIERRA MANAGEMENT APPLICANT: ED RATHMANN Attached are the conditions of approval (Exhibit A to proposed resolution) which were inadvertently omitted. Attachment: Conditions of approval (Exhibit A) PREPARED BY : ORRY P. KORB Town Attorney OPK:pg NAMGR \AdminWorkFiles \'T'own Attorney \Council Reports \8 -6 -07 Rathmann desk item.doc Reviewed by: Assistant Town Manager Town Manager Clerk Administrator Finance Community Development TOWN COUNCIL — JUNE 18.2007 CONDITIONS OF APPROVAL 20 S. Santa Cruz Avenue, Suite #200 Conditional Use Permit U -07 -142 Requesting approval to modify an existing conditional use permit to allow service of beer & wine with meals (Main Street Burgers) on property zoned C -2. APN 510 -45 -075. PROPERTY OWNER: John Feece, Sierra Management APPLICANT: Ed Rathmann TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division I. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans noted as received by the Town on December 5, 2006 and approved by the Town Council on March 5, 2007. Any changes or modifications to the approved plans and /or business operation shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years from the date of approval unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. BUSINESS OPERATION. This approval is for a quality restaurant use, and is restricted to the areas shown on the approved plans. Any change in the type of business requires modification of the Conditional Use Permit. 4. HOURS OF OPERATION. Hours of operation are limited to 7:00 am to 11:00 pm daily. 5. SEATS. The maximum number of seats is 44 (26 indoors and 18 outdoors). 6. ALCOHOL SERVICE. The service of beer and wine 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. There shall be no separate bar for the restaurant. 7. ALCOHOL LICENSE: The applicant shall have an ABC license issued as required by that agency for alcohol service for all service features of the restaurant. 8. LIVE ENTERTAINMENT. No live entertainment is allowed. 9.. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever such a product is available. 10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public right of way adjacent to the business and empty the can if frill. A trash receptacle shall be located on the outdoor patio and maintained by Main Street Burger staff.. 11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or emblems. 12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director of Community Development. 13. PORTER. A porter shall be available at all times to maintain the patio area. 14. STORAGE. Storage of outdoor furniture shall be located out of site from the street. 15. REVIEW. If the Director finds issues with trash or debris associated with this use, the Director will agendize the project for Planning Commission review. The Planning Commission will review the project and modify or add conditions as necessary. 16. 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 29.20.310 of the Zoning Ordinance. TO THE SATISFACTION OF THE POLICE CHIEF: 17. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the satisfaction of the Police Chief and ABC. The separation and signage shall clearly establish that alcohol consumption is not allowed outside the patio area. 18. 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. 19. 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. 20. 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. 21. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 22. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N I )E \ \CONDITNS12007 \SSC20- N1ninSi