2007-077-Approving A Request To Modify A Conditional Use PermitRESOLUTION 2007-077
RESOLUTION OF'THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT
(ANDALE)TO ALLOW THE SERVICE OF FULL LIQUOR ON PROPERTY
.ZONED C-2-LHP.
APN: 510-44-036
CONDITIONAL USE PERMIT: U-07-22
PROPERTY LOCATION: 21 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: ANDALE PROPERTIES
APPLICANT: ANDALE, LOS GATOS
WHEREAS:
A. This matter came before Council for public hearing on June 4, 2007, 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 May 29, 2007, along with any and all subsequent reports and materials
prepared concerning this application.
C. The original Conditional Use Permit (CUP) for the existing Andale
restaurant at 21 North Santa Cruz was issued in 1991. The CUP allowed a total of 46
seats and included approval to serve beer and wine and non-.amplified live entertainment.
The restaurant does not have a separate bar.
D. Applicant seeks approval to modify its CUP to allow for the service of full
liquor on property zoned C-2-LHP. Applicant also requests a modification of its
operating. hours to stay open until 10 P1VI. Applicant does not intend to have a stand
alone or separate bar and will have live entertainment only on Cinco De Mayo, Friday's.,
Saturday's, and five (5) additional evenings during the year. Applicant will require that
patrons be served a meal along with service of .alcoholic beverages, as required by the
Town's Alcohol Policy, and that service of alcohol in approved ~„.isting outdoor seating
areas be separated from public areas with a physical barrier.
E. Town Council finds as follows:
The findings of the Planning Commission made on Apri125,
2007 are adopted and incorporated herein.
ii. Pursuant to Town Code section 29.20.190, the proposed use of the
property is desirable to the public convenience; would 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 (1) economic and social activity
consistent with asmall-scale, small town atmosphere and image, (2) the development and
retention of locally-owned stores and shops, and (3) the preservation of downtown Los
Gatos as the historic center of the Town with goods and services for local residents while
maintaining the existing Town identity, environment and commercial viability. Evidence
in the record also demonstrates that the applicant has served beer and wine without
creating trouble for the Town and that the Chief of Police does not oppose the
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 June 4, 2007.
RESOLVED:
1. Application U-07-22 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 held on the 18``' day of June 2007 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and
Mayor Joe Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
SIGNED:
T
MAYOR THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK F THE TOWI~T OF LOS GATOS
LOS C TOS, CALIFORNIA