2018-016 - Approve The CUP For 21 College Ave (Nick's Raw Bar)RESOLUTION 2018- 016
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST FORA CONDITIONAL USE PERMIT
FOR A RESTAURANT WITH ALCOHOL SERVICE
ON PROPERTY ZONED C -2:LHP
APN: 529 -29 -052
CONDITIONAL USE PERMIT APPLICATION: U -18 -004
PROPERTY LOCATION: 21 COLLEGE AVENUE
PROPERTY OWNER: SHARI FLICK
APPLICANT: NICHOLAS DIFU
WHEREAS, the applicant requests approval of a Conditional Use Permit (CUP) for a
restaurant with alcohol service on property zoned C- 2:LHP; and
WHEREAS, on March 28, 2018, the Planning Commission considered CUP application, U-
18 -004, a request for a CUP on property zoned C- 2:LHP.
WHEREAS, the Planning Commission recommended approval of the request subject to
Conditions of Approval, finding that the proposed use of the property is desirable to the public
convenience in that it will introduce a new dining option open to the public, thereby increasing
the diversity of dining options in the downtown; the proposed use will not impair the integrity
and character of the zone in that the proposed use is a commercial use in a commercial zone;
the proposed use will not be detrimental to public health, safety, or general welfare as the
conditions placed on the permit would maintain the welfare of the community; and the
proposed use of the property is in harmony with the various elements or objectives of the
General Plan and the purposes of the Town Code and as discussed within the March 28, 2018,
Planning Commission staff report; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
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and came before the Town Council for public hearing on April 17, 2018; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The 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
its meeting on April 17, 2018, along with any and all subsequent reports and materials prepared
concerning this application; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A; and
WHEREAS, Council finds as follows:
A. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
B. Pursuant to Town Code section 29.20.190:
1. The proposed use is desirable to the public convenience because it introduces a
new dining option open to the public, thereby increasing the diversity of dining
options in the downtown; and
2. The proposed use will not impair the integrity of the zone, in that the proposed
use is a commercial use located in a commercial zone; and
3. The proposed use will not be detrimental to public health, safety or general
welfare, and the conditions placed on the permit will maintain the welfare of the
community; and
4. The proposed use is in harmony with the General Plan and Town Code.
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Resolution 2018 -016 April 17, 2018
NOW, THEREFORE, BE IT RESOLVED:
1. The requested CUP for a restaurant with alcohol service is approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted.
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 and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17`h day of April, 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector Mayor Rob Rennie
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Resolution 2018 -016 3 of April 17, 2018
TOWN COUNCIL —April 17, 2018
CONDITIONS OF APPROVAL
21 College Avenue
Conditional Use Permit Application U -18 -004
Requesting approval for a restaurant with alcohol service (Nick's Raw Bar) on property zoned
C- 2:LHP. APN 529 -29 -052.
PROPERTY OWNER: Shari Flick
APPLICANT: Nicholas Difu
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The 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. 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.
4. RESTAURANT USE: A restaurant use is permitted in the southernmost building on the
property, known as 21 College Avenue.
5. ALCOHOLIC BEVERAGES: So long as this establishment serves alcoholic beverages, it shall
be subject to the following:
a. Uniformed privately provided security guards maybe required in or around the
premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
b. 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.
c. This establishment shall use an employee training manual that addresses alcoholic
beverage service consistent with standards of the California Restaurant Association.
d. The licensed operator shall have and shall actively promote a designated driver
program such as complimentary non - alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
HOURS OF OPERATION: Maximum hours of operation are 11:30 a.m. to 11:00 p.m,
Monday through Thursday; 11:30 a.m. to 12:30 a.m., Friday and Saturday; and 11:30
a.m. to 10:00 p.m. on Sunday.
NOISE SIGNAGE: The applicant shall erect and maintain signage in the private property
areas adjacent to the building to notify patrons that noise must be kept to a minimum in
consideration of the adjacent residential uses.
EXHIBIT A
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8. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood
lights shall be used unless it can be demonstrated that they are needed for safety or
security. The lighting plan shall be reviewed during building plan check.
9. 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.
30. BUSINESS LICENSE with CERTIFICATE OF USE AND OCCUPANCY: A Business License with
Certificate of Use and Occupancy must be obtained prior to commencement of use.
11. 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 with the Certificate of Use and Occupancy
application.
12. 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.
13. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
Building Division
14. PERMITS REQUIRED: A Building Permit shall be required for all interior modifications and
alterations to the existing commercial building as well as the change of use and
occupancy classification.
15. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1 -12.
16. 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.
17. PLANS: The construction plans for this commercial building tenant improvement shall be
prepared under the direct super vision of a California licensed Architect or Engineer.
18. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24" x 36 ",
maximum size 30" x 42 ".
19. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
20. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and
Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Forms have been completed, all signatures
obtained, and written verification from PG &E that all utilities have been disconnected,
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Resolution 2018 -016 April 17, 2018
return the completed Forms to the Building Department Service Counter with the Air
District's J# Certificate(s), PG &E verification, and three (3) sets of Site Plans showing all
existing structures, existing utility service lines such as water, sewer, and PG &E. No
demolition work shall be done without first obtaining a Permit from the Town.
21. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue -lined (sticky- backed), i.e. directly printed, onto a plan sheet.
22. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of
Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater
valves on drainage piping serving fixtures that have flood level rims less than 12 inches
above the elevation of the next upstream manhole.
23. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
24. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit.
The Town Special Inspection form must be completely filled -out and signed by all
requested parties prior to permit issuance. Special Inspection forms are available from
the Building Division Service Counter or online at www.losgatosca.gov /building.
25. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall be
part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online
at www.losgatosca.gov /building.
26. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE: Please provide evidence of
approval from Santa Clara County Environmental Health Department for the proposed
scope of work for this food sales facility. Evidence shall be in the form of stamped
"approved" plans and /or letter from the County Environmental Health Department
indicating their approval of the proposed project stating that this facility does or does
not require a permit to operate.
27. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development— Planning Division: (408) 354 -6874
b. Engineering /Parks & Public Works Department: (408) 399 -5771
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Santa Clara County Environmental Health Department: (408) 918 -3400
f. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
Resolution 2018 -016 6 of 8 April 17, 2018
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
30. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public
right -of -way shall be kept clear of all job - related construction debris at the end of the day. The
storing of goods and materials on the sidewalk and /or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. The Owner, Applicant or Contractor's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right -of -way according to this
condition may result in the issuance of correction notices, citations, or stop work orders and
the Town performing the required maintenance at the Applicant /Owner's expense.
31. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
32. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non - residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for use
determination and building permit and obtain inspection approval for any necessary work to
establish the use and /or occupancy consistent with that intended.
33. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and /or sidewalk requires an encroachment permit. Special provisions such as limitations on
works hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
34. PLANS AND STUDIES: Any post - project traffic or parking counts, or other studies imposed
by the Planning Commission or Town Council shall be funded by the Applicant.
35. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right -
of -way will only be allowed if it does not cause access or safety problems as determined by the
Town.
36. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to
8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may
authorize, on a case -by -case basis, alternate construction hours. The Owner, Applicant,
Contractor or their representative shall provide written notice twenty -four (24) hours in
advance of modified construction hours. Approval of this request is at discretion of the Town.
37. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five
(85) dBA at twenty -five (25) feet from the source. If the device is located within a structure on
the property, the measurement shall be made at distances as close to twenty -five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall not
exceed eighty -five (85) dBA.
38. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised by a person or
Resolution 2018 -016 7 of 8 April 17, 2018
persons authorized to do so at all times during working hours. The Owner, Applicant, or
Contractor's representative in charge shall be at the job site during all working hours. Failure to
maintain the public right -of -way according to this condition may result in penalties and /or the
Town performing the required maintenance at the Applicant's expense.
39. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
40. At time of building permit, the Santa Clara County Fire Department will review exiting,
seating plans, food preparation, and fire protection as may be required for the occupancy
classification proposed.
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