Loading...
2012-053 - CUP Application U-12-007. Property Location: 40 N. Santa CruzRESOLUTION 2012 -053 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION U -12 -007. APN: 529 -03 -050 CONDITIONAL USE PERMIT APPLICATION: U -12 -007 PROPERTY LOCATION: 40 N. SANTA CRUZ AVENUE SUITE A PROPERTY OWNER: LOS GATOS INVESTMENTS LLC. APPLICANT: STEPHEN SHELTON AND JAMES MARINO WHEREAS, This matter came before the Town Council for public hearing on September 4, 2012, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approve for a Conditional Use Permit (CUP) to operate a restaurant with outdoor seating and full liquor service on property zoned C -2. The applicant is requesting 22 seats, with up to five of those seats located within an outdoor patio and hours of operation of 11:30 a.m. until 11:00 p.m., Monday thru Thursday; midnight on Friday and Saturday; and 10:00 p.m. on Sunday. WHEREAS, On August 8, 2012, the Planning Commission considered the request for a Conditional Use Permit (CUP) to operate a restaurant with outdoor seating and full liquor service on property zoned C -2. The Planning Commission determined that the request was inconsistent with Ordinance 2021 regarding conversion of a retail space and recommended denial. WHEREAS, The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a new application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. 1 WHEREAS, The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. 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, 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 dated August 23, 2012, regarding this application. B. The project does not conflict with Ordinance 2021 in that the majority of the original retail space will be maintained. C. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. D. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B). 2 NOW THEREFORE BE IT RESOLVED: 1. The CUP application U -12 -007 to operate a restaurant with outdoor seating and full liquor service on property zoned C -2 is granted. 2 The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for 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 besought 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 4th day of September 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: \C 1100ILIF G�C%YI/_ \I�fl ATTEST: U� *aA" CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA c SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONDITIONS OF APPROVAL 40 N. Santa Cruz Avenue, Suite A Conditional Use Permit U -12 -007 Requesting approval to operate a restaurant with outdoor seating and full alcohol service on property zoned C -2. APN 529 -03 -050. PROPERTY OWNER: Los Gatos Investments, LLC APPLICANT: Stephen Shelton and James Marino 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, in substantial compliance with the approved plans. 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 change(s). 2. EXPIRATION: Zoning 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. APPROVED USE: The approved use is for quality sit down restaurant in Suite A (1,487 square feet). 4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a resolution in the future which regulates formula restaurants, this CUP shall be subject to that ordinance or resolution. 5. SEATS: The maximum number of seats shall not exceed 22. Up to five of the 22 seats may be permitted within the outdoor patio. 6. OFFICE SPACE: The tenant space shall include 200 sq. ft. of office /storage space as shown on the approved plans. If this space is not included in future lease agreements, seating will be limited to 19 seats. 7. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages 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. 8. HOURS OF OPERATION: Maximum hours of operation are 11:30 a.m. until 11:00 p.m., Monday thru Thursday; midnight on Friday and Saturday; and 10:00 p.m. on Sunday 9. ENTERTAINMENT: Live entertainment is not allowed. 10. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means to manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 11. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must seat patrons in the outdoor seating area. 12. UTENSILS: All meals served on -site shall be on re- usable utensils. 13. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers. 14. 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. 15. 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. 16. 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. 17. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the hours of 7 AM to 10 AM. 18. 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. 19. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and/or issuance of building permits. 20. 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. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 21. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 22, OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Department for review and approval prior to commencement of use and /or issuance of building permits. 23. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and /or issuance of building permits. 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\CONDITNS\2012 \40 NSC- A.docx