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2012-006 - CUP 15043 LG Blvd - Boulevard TavernRESOLUTION 2012 -006 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -11 -018. APN: 424 -07 -086 CONDITIONAL USE PERMIT APPLICATION: U -11 -018 PROPERTY LOCATION: 15043 LOS GATOS BOULEVARD PROPERTY OWNER/APPLICANT: ROBERT & GEORGIANNA SPINAZZE WHEREAS, this matter came before the Town Council for public hearing February 21, 2012 and was regularly noticed in conformance with State and Town law. WHEREAS, the applicant seeks approval for a Conditional Use Permit ( "CUP ") to legalize a nonconforming bar (The Boulevard Tavern) on property zoned CI-I. The applicant requested 50 seats and hours of operation of 10:00 a.m. to 2:00 a.m., seven days a week. WHEREAS, On January 25, 2012, the Planning Commission considered a request for approval of CUP U -11 -018 (The Boulevard Tavern) on property zoned CH. The Planning Commission recommended approval of the request with modified conditions of approval, finding that the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan. WHEREAS, the property was annexed to the Town in 1991 and the use, a bar known as The Boulevard Tavern, was deemed nonconforming since it did not have a Town of Los Gatos CUP. WHEREAS, pursuant to Town Code, the property owner had twenty years to obtain a CUP. WHEREAS, Town Council received testimony and documentary evidence fiom 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 February 1, 2012, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section 29.20.190, the request for a 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 February 1, 2012, and incorporates the findings made by the Planning Commission on January 25, 2012, regarding this application. B. The project is categorically exempt fiom environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U -11 -018 to legalize a nonconforming bar (The Boulevard Tavern) on property zoned CH is granted. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for 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 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, held on the 21 day of February, 2012, by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steve Rice NAYS: ABSENT: Steven Leonardis ABSTAIN: SIGNED: ( // ,/'�' h MAYOR OF"THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: �Wa f." CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONDITIONS OF APPROVAL — February 21, 2012 15043 Los Gatos Boulevard Conditional Use Permit Application U -11 -018 Requesting approval to legalize a nonconforming bar (The Boulevard Tavern) on property zoned CH. APN 424 -07 -086. PROPERTY OWNER/APPLICANT: Robert & Georgianna Spinazze 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 Commrmity Development Director, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change(s). 2. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 3. USE: This approval is for a bar. A change in ownership may require a new operational agreement. 4. OPERATIONAL AGREEMENT: Within 60 days of approval of the subject CUP, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development, and the Town Attorney, and will be signed by the applicant. Operators who are successors in interest to the business and CUP shall be required to meet with the Director and Chief and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. The Operational Agreement shall be reviewed by the Director of Community Development Department and the Town Attorney, biannually for the first five years and annually thereafter, to ensure compliance with the Conditional Use Permit and operating covenants, including police notification of any incident which results in, or is thought to result in, an injury to any involved party. 5. OPERATION HOURS: Maximum hours of operation shall be 10:00 a.m, to 2:00 a.m., seven days a week. 6. ENTERTAINMENT: One pool table is permitted. Karaoke is allowed on Thursdays from 9:00 p.m. to 1:00 a.m. Live music is allowed Fridays and Saturdays from 9:00 p.m. to 1:00 a.m. Live music may be amplified. This Conditional Use Permit shall be subject to the live entertainment policy when the policy is adopted by the Town. 7. NUMBER OF SEATS: The maximum number of seats, including up to 15 stools at the bar top, is 50. Outdoor seating is not allowed. 8. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 5:00 p.m. 9. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business's interior receptacles shall only be emptied into the outside receptacles between 9:00 a.m. and 5:00 p.m. to limit the noise impacts. 10. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and /or issuance of building permits. 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 for in the approval, and may be secured to the satisfaction of the Town Attorney. TO THE SATISFACTION OF THE CHIEF OF POLICE: 12, VIDEO SURVEILLANCE: The business shall maintain a video surveillance system in working order with a minimum 14 day recording /replay capacity. Video shall be made available to representatives of the Police Department upon request to support criminal, civil or administrative investigations or monitoring. Camera location, recording quality and lighting shall be to the satisfaction of the Chief of Police, and installed within 30 days of approval of the Conditional Use Permit. 13. POLICE NOTIFICATION: Staff /management are required to notify police immediately upon learning of any incident which results in, or is thought to result in, an injury to any involved party. 14. SECURITY MANUAL: The owners shall create a security manual to be reviewed and approved by the Chief of Policy prior to the approval of the Operational Agreement. 15. UNIFORMED SECURITY: Uniformed privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. 16. 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. 17. 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. 18. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 19. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location.