2001-027-Granting An Appeal Of A Decision Of The Planning Commission Denying A Request To Modify A Conditional Use Permit (Los Gatos Brewing Company) For A Full Liquor License On Property Zoned C-2.RESOLUTION 2001- 27
RESOLUTION GRANTING AN APPEAL OF A DECISION
OF THE PLANNING COMMISSION DENYING A REQUEST TO
MODIFY A CONDITIONAL USE PERMIT {LOS GATOS
BREWING COMPANY) FOR A FULL LIQUOR LICENSE
ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT APPLICATION: U-00-32
PROPERTY LOCATION: 130-G NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: DENNIS & KATHY VARNI
APPLICANT/APPELLANT: ANDREW PAVICICH, JR.
WHEREAS:
A. This matter came before Council forpublic hearing on March 5, 2001, on an appeal
by Andrew Pavicich, Jr. (applicant/appellant) :from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons w11o 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 February 28, 2001, along with
subsequent reports and materials prepared concerning this application.
C. Applicant/appellant is requesting approval to operate under a full liquor license at an
existing restaurant currently serving beer and wine. The service of alcohol is proposed for Sunday
through Thursday until 11:00 p.m.; and until 1.:00 a.m. on Friday, Saturday, holidays and evenings
before holidays.
D. The applicant/appellant is appealing the Plamling Commission decision because he
believes that the Commission did not Have the discretion to deny the application.
E. Council finds as follows:
1. Granting the application will not ncreasethe number of establishments in the
Downtown area serving alcohol.
2. The Chief of Police .has .determined that conversion from beer and wine
service to full alcohol service does .not increase alcohol related problems in the Town.
3. The applicant/appellant has operated in a responsible manner.
4. Pursuant to Town Code section 29.20.3D0, this application raised issues of
concentration and saturation of businesses serving alcohol in the Downtown areaunderthe Town's
Alcohol Policy and, consequently, required interpretation of a policy over which the Planning
Commission did not have the discretionto modify or address, but which is vested in the Council for
modification or decision.
RESOLVED;
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U-00-32 is granted.
2. The conditions of approval as recommended to the Planning Commission on January
10, 2001, set out in Exhibit B to the Plam7ing Commission Staff Report dated January 5, 2001, are
hereby adopted as the Conditions of Approval of this Conditional Use Application.
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 or federal law.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 19`'' day of March, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynslci.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR OF TOWN OF LOS GATOS
OS GATOS, CALIFORNIA
ATTEST
~L~
CLERK OF THE TO«VN OF L GATOS
LOS GATOS, CALIFORNIA s:~aryat9o~.io.wpa
RECOMMENDED CONDITIONS OF APPROVAL FOR:
130-G N. Santa Cruz Avenue
Conditional Use Permit U-00-32
Requesting approvalto modifya conditional use permit (Los Gatos Brewing Company) fora#ull liquor
license on property zoned C-2.
PROPERTY OWNER: Dennis and Kathy Varni
APPLICANT: Andrew P. Pavicich
TO THE :SATISFACTION OF THE .DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. RESTAURANT SEATING. The maximum number of seats in the dining area shall not exceed 213.
2. BAR SEATING. The maximum number of seats in the bar area shall not exceed 50.
3. HOURS OF ALCOHOLIC BEVERAGE SERVICE. Alcoholic beverage service shall not be allowed:
a. After 11:00 PM. Sunday through Thursday,. except for holidays and eveningsbefore holidays.
b. After 1:00 AM Friday..,. Saturday., holidays, or evenings .before holidays.
4. HOURS OF OPERATION. The maximum hours of operation shall be as #ollows:
a. 11:30 AM to 11:00 PM Sunday through Thursday
b. 11:30 AM to 1:00 AM Friday, Saturday, holidays.,. and evenings before holidays
5. DINING AREA ALCOHOL SERVICE. Liquor may be served'in the dining area only in conjunction
with full meal service.
6. SEPARATE 'BAR. This approval includes a separate bar with full liquor service for on-site
consumption. Sale of alcohol for off-site consumption is prohibited.
7. LIVE ENTERTAINMENT. There shall be no live entertainment on the premises.
8. GAMES. There shall be no coin-operated video games, pool tables, or other similar entertainment
facilities.
9. BREWERY WASTE. Solid brewing waste products shall be stored within the building in sealed, air-
tight containers .and removed within 24 hours of the time the waste products are .generated. Such
containers shall be cleaned .after each use with the residue trapped and discharged to the sanitary
sewer. Should sanitary sewer discharges from the facility be increased above average levels, the
brewery operator shall contact the Regional Water Quality Control Plant for disposal instructions prior
to disposal.
10. BREWERY EQUIPMENT NOISE. If it is determined that noise emitted from the brewing equipment
exceeds ambient noise levels as established by Town Code, the Town will require the applicant to
implement necessary insulation or noise .mufflers as needed to abate any violations of the Noise
Ordinance.
11. 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.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
.(Police Section)
12. UNIFORMED SECURITY. Uniformed security guards may be provided by the restaurant operator
for security in and around the premises by the Chief of Police if alcohol related .problems occur.
43. 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.
14. TRAINING .MANUAL. The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the .standards of the California Restaurant
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Association
15. DESIGNATED .DRIVER PROGRAM. The restaurant operator shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated drivers.
16. POSTING OF TAXICAB TELEPHONE NUMBERS. The restaurant operator shall post in a visible
location the telephonenumbers of local taxicab companies and operators.
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