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2014-016 - Grant Approval of CUP for 346 N Santa Cruz AveRESOLUTION 2014 -016 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -13 -023. APN: 529 -04 -043 CONDITIONAL USE PERMIT APPLICATION: U -13 -023 PROPERTY LOCATION: 346 N. SANTA CRUZ AVENUE PROPERTY OWNER: LINDA POND, POND FAMILY TRUST APPLICANT: MATT OETINGER, FERNWOOD CELLARS WHEREAS, This matter came before the Town Council for public hearing March 24, 2014, 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 tasting room and retail sales of wine for offsite consumption on property zoned C- 2. The applicant requested no seats and maximum hours of operation of Monday through Thursday, 4:00 p.m. to 8:00 p.m.; Friday and Saturday, 11:00 a.m. to 8:00 p.m.; and Sundays, 11:00 a.m. to 5:00 p.m. WHEREAS, On February 12, 2014, the Planning Commission considered a request for approval of CUP U -13 -023 on property zoned C -2. 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 a wine tasting room service with retail sales to the community similar to what was previously provided by two other tasting locations that recently closed (French Cellar and Fleming - Jenkins), 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 February 12, 2014, 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 March 24, 2014, 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 March 24, 2014, and incorporates the findings made by the Planning Commission on February 12, 2014, 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 THAT: 1. CUP application U -13 -023 to operate a wine tasting room on property zoned C -2 is approved. 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 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 special meeting of the Town Council of the Town of Los Gatos, California, held on the 24`h day of March, 2014, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steven Leonardis NAYS: ABSENT: ABSTAIN: MAYOR OF THE TOWN-OF-tt)R GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONDITIONS OF APPROVAL — March 24, 2014 346 N. Santa Cruz Avenue Conditional Use Permit U -13 -023 Requesting approval to operate a wine tasting room on property zoned C -2. APN 529 -04- 043. PROPERTY OWNER: Pond Family Trust APPLICANT: Matt Oetinger, Fernwood Cellars 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. Any changes or modifications 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 tasting room, which cannot involve more than two wineries, with retail sales. Retail sales of beer or hard liquor are not permitted. 5. SEATING: No seating is allowed. A standing only bar counter is permitted. 6. HOURS OF OPERATION: Maximum hours of operation are Monday through Thursday, 4:00 p.m. to 8:00 p.m.; Friday and Saturday, 11:00 a.m. to 8:00 p.m.; and Sundays, 11:00 a.m. to 5:00 p.m. 7. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed. 8. 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. 9. NUMBER AND SIZE OF TASTINGS: Each customer may only be served a maximum of 5 -one ounce pours, or 1 -five ounce pour, or a combination, not to result in a total exceeding five ounces per customer per day. If the California Department of Alcohol Beverage Control (ABC) adopts limitations for tastings that are more restrictive than this condition, then the number and size of tastings shall be limited by ABC limitations. If the California Department of Alcohol Beverage Control (ABC) adopts limitations for tastings that are less restrictive than this condition, then this condition shall limit the number and size of tastings. 10. 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. 11. 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. 12. 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. EXHIBIT A 13. 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 overtum, 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 14. 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. 15. 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. 16. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 17. 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. 18. 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 CHIEF OF POLICE: 19. 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. 20. 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. 21. 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. 22. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 23. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:\DEVkCONDITNS\2014\NSC346.docx