2003-002-Approving A Request For Modification Of A Conditional Use Permit For A Restaurant To Have Full Liquor Service With A Separate BarRESOLUTION 2003 - 002
ADOPT RESOLUTION APPROVING A REQUEST FOR
MODIFICATION OF A CONDITIONAL USE PERMIT FOR A
RESTAURANT TO -HAVE FULL LIQUOR SERVICE WITH A .SEPARATE BAR.
CONDITION USE PERMIT; U-02-14.
PROPERTY LOCATION: 20.6 N. SANTA CRUZ AVENUE.
PROPERTY OWNER: SOPHI RAO.
APPLICANT: DEAN IDEVINCENZI.
WHEREAS:
A. This matter came before Council for public hearing on December 16, .2002 ,pursuant
to Council policy to hear all applications for use permits allowing alcohol service, 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 Reports dated December 6, 2002, and December 13, 2002,
along with .subsequent reports ;and materials prepared concerning this application.
C. The applicant is requesting approval to modify an existing Conditional Use Permit
(CUP) by requesting an upgrade in alcohol service and to operate a separate bar at 206 N. Santa Cruz
Avenue. Additional modifications to the CUP have been requested, including an increase in .seating
capacity and outdoor seating conversion from ahigh-turnover sit-down restaurant to a fine dining
restaurant.
D. The Planning Commission considered this matter on November 13, 2002 and forwarded
it to Council with a recommendation for approval for both the upgrade in service and the proposed
separate bar.
E. Council finds as follows:
1. The project is categorically except pursuant to State Environmental Guidelines
section 15301 as .adopted by the Town.
2. 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 o thezone; 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. These findings .are based on
evidence in the record of this proceeding demonstrating that the application will replace an existing
unsuccessful restaurant with a high quality restaurant providing a type of specialty food service
currently not available in the .downtown area, that full .alcohol service is necessary to .enable the
success of this restaurant, that regulated full alcohol service in existing restaurants in the downtown
area has had little negative impact on the community and had aided in the continuing success of the
downtown business environment, and that the applicant will be required to take necessary and
appropriate steps, found in the conditions of approval, to ensure that use permit will benefit rather than
burden the community.
RESOLVED:
1. The request to modify Conditional Use Permit U-02-14 is granted.
2. Revised Conditions of approval, attached hereto as Exhibit A, are applied to this
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, orsuch shorter time
2
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 held on the 6t" day of January, 2003 by the following vote.
COL7NCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman.,
Mayor Sandy Decker
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
1GIAY0$(OF THE TOWN OF LOS GATOS
LOS ATOS, CALIFORNIA
ATTEST
---._.
CLERK. OF THE TOWN OF LO~ ATOS
LOS GATOS, CALIFORNIA
3
CONDITIONS OF APPROVAL
206 N. Santa Cruz Avenue
Architecture and. Site Application 5-02-054
Variance Application V-02-5
Conditional Use Permit U-02.14
Requesting {1) approval to modify the exterior of a building, (2) a variance to have off site
parking and (3) modification of a conditional use permit fora .restaurant to increase the
number of seats, have outside dining, to have full liquor service with a separate bar and to
have an alternating use of off site parking on property zoned C-2.
PROPERTY OWNER: Sophi !Rao
APPLICANT.: Dean Devincenzi
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT 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 plans as shown as the desk
item to the Planning Commission labeled "A'lternative Facade Approach" by Cannon Design
Group. The applicant shall incorporate a similar architectural design around the building on
the Royce:Street elevation. The only changes or modifications made to the plans shall be the
use of brick on the facade, the awning style and color. These minor changes shall be
approved by the Director of Community Development.
2. ADJACENT PROPERTY: The applicant shall make a .good faith effort to work with the
adjacent property owner to extend the building improvements along the frontage of North
Santa Cruz.
3. EXPIRATION: Zoning approval for the Architecture and Site and/or the Conditional Use
Permit will expire two years from the approval .date pursuant to Section 29.20.320 of the
Town Code, unless the application has been vested.
4. * HOURS.: Maximum hours of operation shall be 5 PM to 10 PM Sunday through Thursday
and from 5PM to 11 PM Friday and Saturday.
5. * HOURS OF ALCOHOLIC BEVERAGES: The service of alcoholic beverages shall not be
permitted after 10 P.M. Sunday through Thursday, and shall not be permitted after 11 PM
Fridays and Saturday and days before holidays.
6. * SEATING OF PATRONS: Restaurant employees shall seat patrons outside if alcohol is
served in this area.
7. * CLOSED SECTIONS: The area labeled "Private Party Room" and the booth section along
the south :side of the restaurant, as indicated on the .seating plan dated received November
7, 2002, or any other designated area to the satisfaction of the Director of Community
Development upon notification, shall remain closed until 6pm Monday through Saturday.
8. * OUTDOOR SEATING: A physical delineation in the form of live landscaping or live
planters shall be installed as indicated on the projectplans, and shall be a minimum of 3 feet
high but no higher that 4 feet.
9. * TOTAL SEATS.: The maximum number ofindoor/outdoor seats permitted is 149 provided
both license agreements for alternate use of parking are in effect. If either agreement
Page 1 of 5
terminates for 212, 214, 21b, 2161/2 or 150 North Santa Cruz, the maximum number of seats
permitted is 130..
10. * .SEPARATE BAR: The separate bar shall be limited to 336 +/-square foot, have food service
available at all times and .shall prohibit television.
11. * :SERVICE OF ALCOHOLIC BEVERAGES.: Alcoholic beverages may only be served with
meals and is permitted for inside and outside seating except in the separate bar area as
described in Condition 10. 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.
12.* EFFECTIVE DATE OF ADDITIONAL TABLE CAPACITY: The additional table capacity
shall not be permitted until such time as the additional sixteen (16) spaces are secured by
agreement(s) to the satisfaction of the Town Attorney, and in no event prior to March 1,
2003.
13.* NOTICE OF TERMINATION OF AGREElVIENT(S):SECURING ADDITIONAL
PARKING: The applicant shall notify thefiown in writing six (6) months prior to expiration
of license agreement or thirty (30) days prior to termination of the agreement(s) securing the
sixteen {16) parking spaces necessary to allow additional table capacity.
14. * PARKING AGREEMENT MODIFICATIONS; Any agreements securing required additional
parking may not be amended without the prior approval of the Town Attorney.
15.'* .MARKING ALTERNATE PARKING SPACES: The applicant shall clearly delineate all off-
site parking stalls for restaurant use, indicating the hours of use.
16. * PARKING SIGNAGE: Town Code requirements, shall be installed in strategic locations to
ensure that motorists are aware of the alternate parking sites. Signs, meeting Town Code
shall also be placed at the entrance to both off-site parking lots that assure patrons that is
acceptable to park in these lots during certain hours.
17. * SIX MONTHREVIEW; The Planning Commission shall review the restaurant operations
including outdoor seating, the alternating parking agreement and full liquor service of the
separate barto ensure compliance with the Conditional Use Permit. If the Commission finds
there are any violations of the use permit, they may modify the permit to reduce the number
of seats, revoke the outdoor seating and/or revoke the full alcohol permit.
18. * FIVE YEAR REVIEW: The Planning Commission shall review the Conditional Use Permit
to coincide with the term of the parking agreements.
* Conditions for Conditional Use Permit
(Building .Section)
19. PERMITS REQUIRED: A building permit shall be required for REMODEL.
20. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue lined" in full
on the cover sheet of the construction plans.
21. SIZE OF PLANS.: The maximum size of construction plans shall be 24" x 36".
22. PLANS: The construction plans shall be ,prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section :5538)
23. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site 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 and sidewalk.
Page 2 of 5
24. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall be upgraded to comply
with the latest California Title 24 Accessibility .Standards.
25. TITLE 24 ACCESSIBILITY -COMMERCIAL; On-site parking facility shall comply with
the latest California Title 24 Accessibility Standards.
26. .SPECIAL Il~lSPECTIONS: When a special inspection is required by UBC Section 1701, 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 shall be blue-lined on the construction plans. Special Inspection
forms are available from the Building Division :Service Counter.
27. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal. The
.specification sheet is available at the Building Division Service Counter.
28. COIVIMERCIAL - RESTAURANT USE: Proper size grease traps shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley. Sanitation District at 378-2407
b. Santa Clara County Health Department at 299.6060
c. Town Parks-Forestry & Maintenance Department at 354-6808
29. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Jennifer Castillo at 354-6807
b. Parks and Public Works Department: Imad Baiyasi at 395-3430
c. West Valley Sanitation District: {408) 378-2407
d. Santa Clara County Fire Department: (408) 378-4010
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Section)
30. GENERAL. All public improvements shall be made according to the latest adopted'Town
Standard Drawings and the Town Standard Specifications. 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.
31. 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.
32. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an 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 ow work that went on without inspection.
33. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b).
Page 3 of 5
34. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and othenconstruction debris SHALL NOT be washed into
the Town's storm drains.
35. RESTORATION OF PUBLIC IMPROVEMENTS. The developershall 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 awalk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
36. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
37. Public Improvement Fee. The applicant shall pay $11,000.00 towards the installation of the
Villa Hermosa sidewalk pattern on Royce Avenue adj acent to the property. This fee shall be
paid prior to the issuance of the building permit.
TO THE SATISFACTION OF THE POLICE CHIEF:
38. GENERAL. The restaurant is subject to the following:
a. 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.
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. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association.
d. All licensed operators 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.
f. Alcoholic beverage service in the outdoor seating area shall have adequate separation
from public areas.
g. A physical delineation in the form of landscaping or planters is required to separate
public and private property. The height of the separation shall be a minimum of three
feet. The separation shall be designed to prevent passing or carrying alcoholic
beverages outside the restaurant seating area. The separation shall clearly suggest
that alcohol is not permitted outside the restaurant seating area.
h. A restaurant employee shall seat patrons in the outside dining area.
39. RESTAURANT PERIMETER: The shrubbery, plants in the planters surrounding the patio
will be properly cared for and maintained. The outside patio area will have continuous
supervision by restaurant staff during hours of operation.
Page 4 of 5
40. MUSIC: No live music will be allowed in or.around the premises and any piped music will
stay within the sound ordinance limitations.
41. .SECURITY AND STAFF TRAINING: Staff training by the Alcoholic Beverage control or
the Los Gatos/Monte Sereno Police Department my be required if it is determined that there
are problems connected with the service of alcoholic beverages.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
42. At time of building permits submittal, the .architect shall identify that the existing fire
sprinkler system shall be modified to accommodate the new building design: A State of
California licensed fire protection contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work.
43. The architect shall reflect compliance with the 1998 California Building Code regarding
accessible exiting through the assembly occupancy. Note specifically the exit door leading
from inside the restaurant to and through the North exit door at the exterior dining area. As
the seating at the last table is not fixed, show how clearance shall be maintained.
44. At time of building permit submittal, the .architect shall identify the proper complying exit
hardware to be utilized on the required exit doors.
Page 5 of 5