2009-001-Modify An Existing Conditional Use Permit To Allow The Service Of Beer And Wine With Meals (Aldo's Deli) On Property Zone D C-1 And To Approve Outdoor SeatingRESOLUTION 2009 -001
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 (ALDO'S
DELI) ON PROPERTY ZONED C-1 AND TO APPROVE OUTDOOR SEATING
(TWO SEATS) APN: 529 -07 -094 CONDITIONAL USE PERMIT U -08 -15
PROPERTY LOCATION: 440 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: LOS GATOS SHOPPING CENTER LLC
APPLICANT: BARBARA LONSBURY
WHEREAS:
A. This matter came before Council for public hearing on December 15,
2008, 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 November 19, 2008, along with any and all subsequent
reports and materials prepared concerning this application.
C. On November 12, 2008, the Planning Commission approved the
modification of an existing Conditional Use Permit (CUP) for a restaurant ( Aldo's Deli)
at 440 N. Santa Cruz Avenue to allow an outdoor seating area (two seats maximum)
for the joint use of Aldo's Deli and Starbucks.
D. On November 12, 2008, the Planning Commission approved the
modification of an existing Conditional Use Permit (CUP) for a restaurant ( Aldo's Deli)
at 440 N. Santa Cruz Avenue to allow the service of beer and wine on property zoned
C -1, for inside seating only.
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E. 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 allow the applicant to better compete
with similarly situated businesses and enable its continuing success In making these
findings, Council also incorporates the findings of the Planning Commission in
recommending approval of this application. Any concerns about access to outdoor
seating by minors is addressed by a conditionthat limits alcohol service to indoor
service.
ii. Pursuant to the Town Alcohol Policy, the applicant has an established
positive record of compliance with its conditions of approval and Town law
iii. The project is categorically exempt from environmental review
pursuant to Section 15301 of the State Environmental Guidelines as adopted by the
Town.
RESOLVED:
1. Application to modify existing Conditional Use Permit U08 -015 is
approved.
2. The Conditions of Approval attached hereto as Exhibit A are adopted as
the Conditions of Approval of this permit
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3. The decision constitutes a final administrative decision 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 20th day of January 2009 by the following vote.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor
Mike Wasserman
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST
SIGNED: AM , 140
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
LER DMINISTRATOR OF THE TOWN OF LOS GATOS
DS- �- OS, CALIFORNIA
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440 North Santa Cruz / U -08 -015
December 15, 2008
RECOMME? NDED CONDITIONS OF APPROVAL FOR:
440 North Santa Cruz Avenue
Conditional Use Permit U -08 -015
Requesting approval to mollify a conditional use permit to allow beer and wine
service and allow outdoor seating on a property zoned C -1. APN: 529 -07 -094
PROPERTY OWNER: Los Gatos Shopping Center LLC
APPLICANT: Barbara Lonsbury
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Plaimung Section)
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 June 23, 2008. Any changes or
modifications to the approved plans and /or business operation shall be approved
by the Community Development Director or the Plaiming Commission/Town
Council, depending on the scope of the changes,
2. EXPIRATION OF APPROVAL; The Conditional Use Permit will expire two
yew's 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. USE: The approved use is a high turn over sit down restaurant.
4. HOURS OF OPERATION: Hours of operation shall not exceed 11:00 am to 9:00
pm daily.
5. STATING: A maximum of twenty two (22) seats are allowed inclusive of indoor
and outdoor seating. A maximum of two of the twenty two seats may be placed in
the outdoor seating area adjacent to 442 North Santa Cruz Avenue,
6. OUTDOOR SEATING: The outdoor seating shall be approved by Town staff
prior to installation to ensure that the furniture is complimentary to the existing
Starbticks furniture, but will be easily distinguished. for patron use. There shall be
no alcohol permitted in the outdoor seating area.
7. ACCESSIBLE SEATING: The applicant shall provide accessible seating which
complies with current building codes.
8. ALCOHOL SERVICE: The service of alcoholic beverages is permitted only with
meals. A meal is defined as a combination of food items selected from a n
(breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. No "off sale"
of alcohol beverages is permitted.
9. TAKE OUT: Take out food shall be served in recycled material containers.
10. UTENSILS: All beverages and food served on site shall be served on reusable
materials.
11. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the
EXHIBIT A
440 North Santa Cruz / U -08 -015
December 15, 2008
applicant receives firtuue approval of live entertainment.
12. ONE YEAR REVIEW: Town staff shall review the Conditional Use Permit
within one year from approval to determine if there are any problems associated
with the Permit and report their findings to the Planning Conunission, The
Plaiming Commission may direct that a public hearing be held to review the
permit as specified in Scetion 29.20.310 of the Town Code,
13, 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,
14. 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 overtuun, 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.
TO THE SATISFACTION OF `I'HI , CHIEF OF POLICE:
15. UNIFORMED SECURITY: Uniformed privately provided security guards Wray
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.
16. CONSULTATION AND TRAINING: At the discretion of the Chief of Police,
periodic meetings will be conducted with representatives from the Police
Depa.rtolent for on -going employee training on alcoholic beverage service to the
general public.
17. 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.
18, DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non- alcoholic
beverages for designated drivers.
19. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
20. TABLE SERVICE: Food ordered at the counter shall be delivered to tables by
restaurant staff. Table service is mandatory to maintain the High Turnover Sit -
Down Restaurant use assumed in the traffic impact fee calculation,
440 NSC.doc