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2012-048 - Conditional Use Permit U-12-004. Property Location: 424 N. Santa CruzRESOLUTION 2012 -048 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -12 -004. APN: APN 529 -07 -003 CONDITIONAL USE PERMIT APPLICATION: U -12 -004 PROPERTY LOCATION: 424 N. SANTA CRUZ AVENUE PROPERTY OWNER, LOS GATOS SHOPPING CENTER, LLC APPLICANT: MICHAEL GUERRA AND JOE CANNISTRACI FOR SAN CALOGERO, INC. WHEREAS, This matter came before the Town Council for public hearing August 6, 2012, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP) to operate a wine bar (Spain) on property zoned C -1. The applicant requested 20 seats and hours of operation of 3 :00 p.m. to 10 :00 p.m. on Monday, 3:00 p.m. to 11:00 p.m. Tuesday and Wednesday, and 3:00 p.m. to 12 :00 a.m. Thursday through Saturday. WHEREAS, On May 23, 2012, the Planning Commission considered a request for approval of CUP U -12 -004 on property zoned C -1. The Planning Commission recommended approval of the request with modified conditions of approval, finding that the proposal was desirable to the public in that the use will provide food and beverage service to the community as well as bring visitors, shoppers, and residents to a less frequented area of North Santa Cruz Avenue; it will not impair the integrity of the zone in that the use will be in a commercial zone; will not be detrimental to public health, safety, or welfare in that the use will be subject to provisions of the Alcoholic Beverage Policy and conditions placed on the permit will mitigate potential impacts; and is in harmony with the elements and objectives of the General Plan and Town Code as discussed within the May 23, 2012, Planning Commission report. WHEREAS, Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town 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 for their meeting on August 6, 2012, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section 29.20.190, the request for a 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 for their meeting on August 6, 2012, and incorporates the findings made by the Planning Commission on May 23, 2012, regarding this application. B. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U -12 -004 to operate a wine bar /restaurant /retail establishment (Spain) on property zoned C -1 is granted. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. 2 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, held on the 6t" day of August, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 CONDITIONS OF APPROVAL— August 6, 2012 424 N. Santa Cruz Avenue Conditional Use Permit U -12 -004 Requesting approval to operate a wine bar /restaurant /retail establishment on property zoned C -1. APN 529 -07 -003. PROPERTY OWNER: Jim Zanardi /Los Gatos Shopping Center LLC APPLICANT: Michael Guerra & Joe Cannistraci /San Calogero, Inc. 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 noted as received on March 23, 2012, and the letter of justification received on February 28, 2012. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council 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. 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. 4. USE: The approved use is a wine bar /restaurant /retail establishment. 5. NUMBER OF SEATS: The maximum number of seats shall not exceed 20, No outdoor seating is allowed. 6. PARKING SPACES: Four parking spaces shall be purchased, at $4,000.00 each for a total of $16,000.00, prior to the issuance of building permits or commencement of use, whichever comes first. 7. HOURS OF OPERATION: Maximum hours of operation for the wine bar are Sunday and Monday 3:00 p.m. to 10:00 p.m.; Tuesday and Wednesday 3:00 p.m. to 11:00 p.m.; and Thursday through Saturday 3:00 p.m. to 12:00 a.m. The bakery is not restricted to these hours. 8. ALCOHOL SERVICE: The service of beer and wine is permitted only when food service is available. Food service, for the purposes of this condition, is defined as a combination of items selected from a menu (breakfast, brunch, lunch, or dinner). 9. HOURS OF ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages shall not be permitted after 9:00 p.m., Sunday and Monday; after 10:00 p.m., Tuesday and Wednesday; or after 11:00 p.m., Thursday through Saturday. 10, LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed. 11. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m, and 9:00 p.m. to limit the noise impacts. 12. ALCOHOLIC BEVERAGE POLICY: The applicant shall be subject to comply with any new requirements in the Town's Alcoholic Beverage Policy within six (6) months from the date of the change in policy. 13. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 14. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 15. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 16. 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, and may be secured to the satisfaction of the Town Attorney, Building Division 17, PERMITS REQUIRED: A Building Permit shall be required for the any alterations to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 18. 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. 19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 20. 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. 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. 21. APPROVALS REQUIRED: The project requires the following departments 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. County Environmental Health Department: (408) 885 -4200 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 22. 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 application 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 $6,199.39. 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 high quality restaurant use. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 23. FIRE SPRINKLER SYSTEMS: Fire Department records indicate that the building is equipped with a fire sprinkler system. Any interior remodeling may require modification to this system. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application an appropriate fees to the fire department for review and approval prior to beginning their work. TO THE SATISFACTION OF THE CHIEF OF POLICE: 24, 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. 25. 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. 26. 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, 27. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 28. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N: \DEV \COND[TNS \2012 \NSC424.docx