2009-114-Cup 414-416 N. Santa Cruz AvenueRESOLUTION 2009-114
RESOLUTION APPROVING THE OPERATION OF A RETAIL WINE ESTABLISHMENT
WITH FOOD, BEER AND WINE SERVICE
ON PROPERTY ZONED C-1.
APN: 529-07-047
CONDITIONAL USE PERMIT APPLICATION: U-09-007
PROPERTY LOCATION: 414-416 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: JIM ZANARDI
APPLICANTS: MICHAEL GUERRA/JOSEPH CANNISTRACI
WHEREAS:
A. This matter came before the Town Council for public hearing on October 19, 2009,
and was regularly noticed in conformance with state and Town law.
B. Council received testimony and documentary evidence from the applicants 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 October 9, 2009, along with any and all
subsequent reports and materials prepared concerning this application.
C. The applicants seek approval to operate a retail wine establishment with food beer
and wine service on property zoned C-l.
D. On September 9, 2009, the Plamiing Commission considered the application. The
Town received written and verbal testimony in support of the application and nothing in
opposition. The Applicants' business in a neighboring community has not had any complaints in
its six years of operation. The Commission recommended approval with the modification to
condition three (3) allowing the service of beer.
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E. Council finds as follows:
i. Pursuant to Town Code section 29.20.190, the requested modification of
an existing 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. Evidence in the record demonstrates that the proposed change in the service of
alcohol (1) will not adversely impact adjacent residential neighborhoods, (2) is not precluded by
a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage
Policy, and (3) the applicants have demonstrated a clear benefit to the community. This finding
is based on the evidence presented in the Council Agenda Report dated October 9, 2009, and
incorporates the findings made by the Plamling Commission on September 9, 2009, regarding
this application.
ii. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
iii. The proposed use is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report
prepared for the public hearing on October 19, 2009.
RESOLVED:
1. The application for CUP U-09-007 is granted. The Conditions of Approval attached
hereto as Exhibit A are hereby adopted as the Conditions of Approval for modification of this
permit.
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2. 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 regular meeting of the Town Council of the Town of
Los Gatos, California on the 2nd day of November, 2009, by the following vote.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike
Wasserman
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
/~~~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~'
C E ADMINI TRATOR
T OF LOS GATOS, CALIFORNIA
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