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2010-083-CUP Modification 320 Village LaneRESOLUTION 2010-083 RESOLUTION GRANTING APPROVAL TO MODIFY A CONDITIONAL USE PERMIT TO OPERATE AN EXISTING RESTAURANT (MANRESA RESTAURANT) WITH FULL ALCOHOLIC BEVERAGE SERVICE ON PROPERTY ZONED C-2. APN: 529-04-048 CONDITIONAL USE PERMIT APPLICATION: U-10-005 PROPERTY LOCATION: 320 VILLAGE LANE PROPERTY OWNER: BARCA PARTNERS/DAVID HINCH APPLICANT: SUNNYHILLS STUDIO/AMY NUNES WHEREAS: A. This matter came before the Town Council for public hearing on June 21, 2010, 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 June 1, 2010, along with any'and all subsequent reports and materials prepared concerning this application. C. The applicant seeks full alcoholic beverage service for an existing restaurant (Manresa Restaurant) on property zoned C-2. Currently, the applicant's is allowed to serve beer and wine with meal service. However, the applicant is requesting full alcoholic beverage service. D. On May 12, 2010, the Planning Commission considered the request to allow full alcoholic beverage service for an existing restaurant (Manresa Restaurant) on property zoned C-2. The Commission recommended approval of the request finding that the use meets the requirements and intent of the Alcoholic Beverage Policy. E. The Town's Alcohol Policy requires any change in the service of alcoholic beverages to approved by Council. Council reviews CUP requests for a change in alcohol service on a case- case-by-case basis to ensure that the request is appropriate for the specific restaurant and its location. F. Council finds as follows: 1. 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. This finding is based on the evidence presented in the Council Agenda Report dated June 1, 2010, and incorporates the findings made by the Planning Commission on May 12, 2010, regarding this application. 2. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. 3. 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 the public hearing on May 12, 2010. RESOLVED: 1. The CUP application U-10-005 for modification of an existing CUP is granted. 2. The Conditions of Approval attached hereto as Exhibit A aze hereby adopted as the Conditions of Approval for modification of this permit. 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 Any application for judicial relief from this decision must be sought within the time limits and 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 2"d day of August 2010, by the following vote. COUNCIL MEMBERS: AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor Diane McNutt NAYS: ABSENT: ABSTAIN: SIGNED: /uy12 ~GIU~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATCTEST: \.~, +• f ~~ ' CLi~g ` OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA RECOMMENDED CONDITIONS OF APPROVAL -June 2l, 2010 320 Villaee Lane Conditional Use Permit U-10-005 Requesting approval to modify a Conditional Use Permit to operate an existing restaurant (Manresa Restaurant) with full alcoholic beverage service on property zoned C-2. APN 529-04-048. PROPERTY OWNER: Barca Partners/David Kinch APPLICANT: Sunnyhills Studio/Amy Nunes TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. USE: This approval is for a quality restaurant. 4. OPERATION HOURS: Maximum hom~s of operation shall be 11:00 a.m. to 11:00 p.m., seven days a week. 5. NUMBER OF SEATS: The maximum number of seats is 84, inclusive of the indoor dining, lounge, and outdoor seating. 6. ALCOHOLIC BEVERAGE SERVICE: ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverage service is permitted only to patrons receiving meal service. 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. The full dining room menu shall be offered and available to patrons in the lounge area at all times. Alcoholic beverage service includes beer, wine, and distilled spirits for on-site consumption and the sale of beer and wine for off-site consumption. 7. ENTERTAINMENT: Live entertainment and amplified music is prolvbited. 8. LOUGNEBAR AREA: The lounge bar area is limited only to patrons receiving meal service. 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 hays, etc. (hot or cold) are not meals. The full dining room menu shall be offered and available to patrons in lounge area at all times. The lounge/bar area is limited to a maximum of 10 seats, inclusive of sofas, chairs, and bar seats. 9. SERVICE BAR OPERATION: The service bar shall only operate while the restaurant is operating. 10. RETAIL: No retail space is allowed within the restaurant, provided that the sale of beer and wine to restaurant patrons which may be consumed off-site is allowed consistent with their ABC license for a restaurant use: 11. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and maybe secured to the satisfaction of the Town Attorney. TO THE SATISFACTION OF THE CHIEF OF POLICE: 12. UNIFORMED SECURITY: Uniformed privately provided security guards maybe required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. 13. 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 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: Taxicab telephone numbers shall be posted in a visible location.