2011-016-316 N. Santa Cruz Avenue Modify CUPRESOLUTION 2011 -016
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
MODIFICATION AND ARCHITECTURE AND SITE APPLICATION TO ALLOW
OUTDOOR SEATING, LIVE ENTERTAINMENT, DANCE LESSONS, AND EXTERIOR
MODIFICATIONS FOR A RESTAURANT (PEDRO'S RESTAURANT) ON PROPERTY
ZONED C -2.
APN: 529 -04 -090
CONDITIONAL USE PERMIT APPLICATION: U -10 -019
ARCHITECTURE AND SITE APPLICATION 5 -10 -044
PROPERTY LOCATION: 316 N. SANTA CRUZ AVENUE
PROPERTY OWNER: PETER RIZIO
APPLICANT: PEDRO'S RESTAURANT/MIYM DIPIETRO
WHEREAS:
A. _ This matter came before the Town Council for public hearing on February 7, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks to modify an existing Conditional Use Permit (CUP) and obtain
approval of an Architecture and Site application (A &S) to allow outdoor seating, live entertainment,
dance lessons, and exterior modifications for a restaurant (Pedro's Restaurant) on property zoned C -2.
Currently, the CUP does not allow or live entertainment. However, the applicant is requesting 19
outdoor seats, approval to provide live entertainment, and approval for exterior modifications.
C. On January 12, 2011, the Planing Conanission considered the request to modify an
existing Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow
outdoor seating, live entertainment, dance lessons, and exterior modifications for a restaurant (Pedro's
Restaurant) on property zoned C -2. The Commission recommended approval of the requests
finding that the use meets the intent of the Alcoholic Beverage Policy.
D. The Town's Alcohol Beverage Policy requires any change in the service of
alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a change
in alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific
restaurant and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve
alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact
residential neighbors, alcohol related incidents will not occur, and when the application will
provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Town 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 January 28, 2011, along with any and all
subsequent reports and materials prepared concerning this application.
G. 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; and
pursuant to Town Code section 29.20.150, the considerations in review of an A &S were made in
reviewing this project. This finding is based on the evidence presented in the Council Agenda
Report dated January 28, 2011, and incorporates the findings made by the Planning Commission on
January 12, 2011, regarding this application.
2. The Alcoholic Beverage Policy allows the Council to consider unique
circumstances which apply to the subject application.
3. The condition allowing the Police Chief and the Community Development
Director the ability to suspend the use of live entertainment if the live entertainment is determined
to be detrimental to public health, safety, or welfare, and the conditions regarding security would
mitigate potential impacts.
4. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
5. 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 January 12, 2011.
RESOLVED:
The CUP application U -10 -019 for modification of an existing CUP, and the
Architecture and Site application 5 -10 -044 for exterior modifications are granted.
2. The Conditions of Approval attached hereto as Exhibit A and B are 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
Gatos. Any application for judicial relief from this decision must besought 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 21 st day of March 2011, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Mayor Joe Pirzynski
NAYS: Barbara Spector
ABSENT:
ABSTAIN:
SIGNED: 'fG���.. —
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLU,k OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA