2011032107 - 217 N. Santa Cruz Avenue - Desk ItemMEETING DATE: 03/21/2011
ITEM NO: 7
DESK ITEM
COUNCIL AGENDA REPORT
DATE: MARCH 21, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT U-10-020. ARCHITECTURE AND SITE
APPLICATION S-11-003. PROJECT LOCATION: 217 N. SANTA CRUZ
AVENUE SUITE B. PROPERTY OWNER: RUGANI FAMILY APPLICANT:
JOSEPH MCCARTHY, JR.
CONSIDER A REQUEST TO ALLOW EXTERIOR MODIFICATIONS TO A
COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND
RETAIL WINE SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED
C-2. APN 510-17-091.
REMARKS:
Staff has included a table of existing downtown businesses that have a Conditional Use Permit
(CUP) for alcoholic beverage service and/or entertainment (Attachment 13).
In response to a Council Member's request, staff offers the following information relating to the
subject application:
Wine Tasting - The Town has approved wine tasting businesses. The number and size of
pours are regulated by the California Department of Alcoholic Beverage Control (ABC) and
required as conditions of approval through the Town's CUP process.
Alcohol Service - There are seven businesses in the Central Business District where alcoholic
beverage service is allowed without meal service requirements. Four of these businesses are
bars (Carry Nation's, Mountain Charley's, Black Watch, Number One Broadway) and three
are restaurants with a separate bar (Pedro's, California Cafe, Valeriano's). Other downtown
businesses are permitted to serve alcoholic beverages in a bar area without meal service (See
Attachment 13).
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: u1") } Assistant Town Manage
Clerk Administrator Finance
Town Attorney
munity Development
N:\DEV\TC REPORTS\201 I\NSC217 deskitem.docx Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL DESK ITEM
SUBJECT: 217 N. Santa Cruz Avenue Suite B/U-10-020/S-11-003
March 21, 2011
Maximum Occupancy - Maximum occupancy differs from maximum seating limitations in
that maximum occupancy includes standing patrons and employees. Maximum occupancy is
established pursuant to code by the Fire and Building Departments. The Town has not
historically used conditions of approval regarding maximum occupancy for CUPs. However,
Los Gatos Bar and Grill at 15 '/2 N. Santa Cruz Avenue which was approved last year,
includes a condition for maximum occupancy. A maximum occupancy was required due to
the type of use proposed since the majority of the patrons would be standing. Staff has now
been recommending a maximum occupancy condition for other similar types of uses.
Sales Tax - Sales tax collected from food and beverage establishments and retail businesses
are not generally differentiated within the Town's total sales tax. However, the Town's
Finance Department can provide a breakdown between the two different business types.
Retail Condition - The deciding body may condition a project to specify the square footage
of a business that must be dedicated to a particular use such as retail. The Town has required
this type of condition in the past to ensure a retail space does not become smaller over a
period of time.
ABC Moratorium - ABC does have a moratorium for new off -premise licenses in the
area. The local jurisdiction may approve a CUP for a business with an off -premise license if
the local jurisdiction finds that the proposal is a public convenience or necessity. This
finding is also a required finding for approval of a CUP pursuant to Town Code.
Attachments:
1-12. Previously Received with the Council Agenda Report for March 21, 2011
13. Table of Alcoholic Beverage Service and Entertaimnent Uses in the Central Business
District
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