01 Staff Report - 364-368 Village Lane1p~ll N
!ps G A,~OS
COUNCIL AGENDA REPORT
DATE: - MAY 1, 2008
TO:
FROM:
SUBJECT:
MAYOR AND TOWN COUNCIL
ORRY P. KORB, TOWN ATTORNEY 0~
MEETING DATE: 5-5-2008
AGENDA ITEM: I
ADOPT RESOLUTION APPROVING A REQUEST TO MODIFY AN
EXISTING CONDITIONAL USE PERMIT TO EXPAND AN EXISTING
QUALITY RESTAURANT WITH FULL LIQUOR SERVICE ONLY WITH
THE SERVICE OF MEALS INTO THE ADJOINING TENANT SPACE
CURRENTLY OCCUPIED BY A RETAIL WINE SHOP ON PROPERTY
ZONED C-2; APN: 529-04-053. CONDITIONAL USE PERMIT U-08-003;
PROPERTY LOCATION: 364-368 VILLAGE LANE; PROPERTY OWNER:
JOAN FRANK, FRANCK FAMILY TRUST; APPLICANT: GLOBAL GRAPE
L.P.
RECOMMENDATION:
Adopt resolution approving a request to modify an existing conditional use permit to expand an
existing quality restaurant with frill liquor service only with the service of meals into the
adjoining tenant space currently occupied by a retail wine shop on property zoned C-2.
DISCUSSION:
On April 21, 2008, Council approved an application to expand an existing quality restaurant with
full liquor service only with the service of meals into the adjoining tenant space currently
occupied by a retail wine shop on property zoned C-2. The attached resolution finalizes that
decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY 0MLMB/wp [NAATMepnrtsM4-3G8VillageLane CUP.wpd]
Reviewed by: own Manager Assistant Town Manager Clerk
Finance 1 Ylh Col-fllnun
Rev: 511108 6:39 pm
Reformatted: 7119199
Filet! 301-05
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO EXPAND AN EXISTING QUALITY RESTAURANT WITH FULL
LIQUOR SERVICE ONLY WITH THE SERVICE OF MEALS INTO THE
ADJOINING TENANT SPACE CURRENTLY OCCUPIED BY A RETAIL WINE
SHOP ON PROPERTY ZONED C-2.
APN: 529-04-053
CONDITIONAL USE PERMIT: U-08-003
PROPERTY LOCATION: 364-368 VILLAGE LANE
PROPERTY OWNER: JOAN FRANK, FRANCK FAMILY TRUST
APPLICANT: GLOBAL GRAPE L.P.
WHEREAS :
A. This matter carne before Council for public hearing on April 21, 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 April 15, 2008, along with any and all subsequent reports and materials
prepared concerning this application.
C. On March 12, 2008, the Planning Commission recommended approval of
an application to amend a Conditional Use Permit (CUP) for a fine dining restaurant with
full liquor service only with the service of meals to extend that service into the adjoining
retail space.
D. Applicant seeps approval to modify its CUP to allow for expansion of its
restaurant and the service of full alcohol only with the service of meals into the adjoining
571 square foot retail space, increasing the maximum number of seats from 96 to 105,
and extending the operating hours to include all hours from 11:30 am to 11:00 pm
Sunday through Thrusday and 11:30 am to midnight Friday and Saturday
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 encourage economic and social activity consistent with a small-scale,
small town atmosphere and image. Modification of the CUP will have the community
benefit of establishing a late night fine dining opportunity in the Town and the restaurant
will be operated consistent with its membership in the Bay Area Green Business
Program.
ii. Pursuant to the Town Alcohol Policy, the applicant has an
established positive record of compliance with its conditions of approval and Town law,
there is no evidence that late night service will adversely impact adjacent residential
neighborhoods, and lastly, Council finds that the applicant has demonstrated a clear
benefit to the community as demonstrated in the findings above made pursuant to Town
Code section 29.20.190, which are fully incorporated herein.
iii. The project is categorically exempt from environmental review
pursuant to Section 15301 of the State Environmental Guidelines as adopted by the
Town,
2
iv. The proposed use is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area {section IV.B), as evidenced by the
Council Agenda report dated April 15, 2008,
RESOLVED;
1. Application U-08-003 is approved.
2. The Conditions of Approval attached hereto as Exhibit A are adopted as the
Conditions of Approval of this permit.
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 meld on the day of May 2008 by the following vote.
COUNCIL MEMBERS:
AYES:
Steve Glickman, Barbara Spector, Diane McNutt,
Mayor Joe Pirzynski
NAYS:
None
ABSENT:
None
ABSTAIN:
Mike Wasserman
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
364-368 Village Lane / U-08-003
April 21, 2008
RECOMMENDED CONDITIONS OF APPROVAL FOR:
364-368 Village Lane
Conditional Use Permit U-08-003
Requesting approval to modify an existing Conditional Use Permit to expand an
existing quality restaurant (Cafe Marcella) with full liquor into the adjoining space
currently occupied by a retail wine shop on property zoned C-2. APN: 529-04-053
PROPERTY OWNER: The Franck Family Trust
APPLICANT: Global Grape L. P.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning 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 approved
plans (received February 19, 2008). Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the
Planning Commission, depending on the scope of the changes.
2. MODIFICATION OF BAR: The existing bar shall be maintained as laid out on the
approved plans (received on February 19, 2008); any expansion will require approval
from the appropriate decision malting body.
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. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not
exceed 105.
5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be
11:30 a.m. to 11:00 p.m. Sunday thru Thursday and 11:30 am to 12:00 midnight
Friday and Saturday.
6. 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 menu
(breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels,
potato skins, relish trays, etc. (hot or cold) are not meals.
7. EXISTING BAR: The service of alcoholic beverages at the existing bar is permitted
only with meals.
8. LIVE ENTERTAINMENT: Live entertainment is prohibited.
9. TAKE OUT SERVICE: There shall be no dedicated walk up counter.
10. REVIEW: One year from the approval date the Town Council shall conduct a review
of the Conditional Use Permit. The applicant shall submit information demonstrating
a clear community benefit as required by the Town's Alcohol Policy for alcohol
service beyond the hours of 10 pm, and shall specifically include the following:
■ The applicant has received membership in The Bay Area Green Business
Program, and
■ There has not been an adverse impact on the nearby residences.
EXHIBIT A
364368 Village Lane / U-08-003
April 21, 2008
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11. 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.
12. 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,
13. 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.
14. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote
a designated driver program such as complimentary non-alcoholic beverages for
designated drivers.
15. 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)
16. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard SpecificatioDs. All work shall
conform to the applicable Town ordinances. The adjacent public right-of=way shall
be kept clear of all job related dirt and debris at the end of the day. Dirt and debris
shall not be washed into storm drainage facilities. The storing of goods and materials
on the sidewalk and/or the street will not be allowed unless a special permit is issued.
The developer'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 Town performing the required maintenance at the developer's expense.
17. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
18. PUBLIC WORKS INSPECTIONS, The developer or his representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting any work
pertaining to on-site drainage facilities, grading or paving, and all work in the Town's
right-of-way. Failure to do so will result in rejection of work that went on without
inspection.
19. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited
to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, etc. shall be repaired and replaced to a condition
equal to or better than the original condition. Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request a walk-
through with the Engineering Construction Inspector before the start of construction
to verify existing conditions.
364-368 Village Lane / U-08-003
April 21, 2008
20. 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. 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.
N:1DEVICOND ITNS120081364-368 V illage. doc