2005-092 - Approving A Request To Modify A Conditional Use Permit For A Restaurant To Increase The Number If Seats And Denying A Request To Increase Allowed Entertainment Conditional Use Permit: U-03-7 Property Location:50 University Avenue, Suite 180 ProRESOLUTION 2005 - 092
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY A CONDITIONAL
USE PERMIT FOR A RESTAURANT TO INCREASE THE NUMBER OF SEATS AND
DENYING A REQUEST TO INCREASE ALLOWED ENTERTAINMENT
CONDITIONAL USE PERMIT: U -03 -7
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
PROPERTY OWNER: FEDERAL REALTY
APPLICANT STEVE HAUCK
WHEREAS:
A. This matter came before Council for public hearing on June 20, 2005 on a
recommendation by the Planning Commission, was regularly noticed in conformance with State
and Town law and was continued to August 1, 2005 for decision by Council.
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 Reports dated June 15, 2005 and July 28,
2005, along with subsequent reports and materials prepared concerning this application.
C. The applicant seeks approval to modify an existing conditional use permit for a
restaurant to increase the number of seats (from 100 to 140) and to intensify permitted
entertainment from unamplified acoustic music Thursdays through Saturdays to amplified music
and dancing seven days a week.
D. The Planning Commission considered this matter on May 25, 2005. Because the
application concerns the Town's Alcohol Policy, the Commission's action constitutes a
recommendation to Council. The Commission recommended approving the request to increase
the number of seats but to only allow the addition of "amplified acoustic music" in the restaurant.
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E, Staff presented five (5) alternatives, all of which allowed the requested increase in
seating and, regarding entertainment, allowed a range of additional entertainment from the level
sought by the applicant to a no change option. Council approves the option that increases the
number of seats but does not allow additional entertainment. Council's decision was based in part
on the Alcohol Policy that requires the prior adoption of standards and a permit process, which
has not occurred, and the applicant's apparent inability to compromise.
F. Council finds as follows:
1. As required by Section 15301 of the State Environmental Guidelines as
adopted by the Town this project is Categorically Exempt.
2. The provisions of Town Code section 29.20.190 for granting of a
Conditional Use Pen have been met. In making this finding, Council incorporates herein by
this reference the findings of the Planning Commission made on May 25, 2005 in recommending
partial approval of this application.
RESOLVED:
The request to modify Conditional Use Permit U -03 -7 is approved to allow for
increase in seating and deny an increase in allowed entertaimment.
2. Conditions of approval, attached hereto as Exhibit A, are applied to this
Application.
2. 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
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Gatos, California on the 15 day of August, 2005, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steve Glickman, Diane McNutt, Joe Pirzynski, Mayor Mike Wasserman.
None
None
Barbara Spector (Recused)
SIGNED
ATTEST:
CLE IST TOR
TOWN OF LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL
ALTERNATIVE 5
50 University Avenue Suite 180
Conditional Use Permit U -03 -7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats, to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C- 2:PD:LHP. APN 529 -02 -044
PROPERTY OWNER: Federal Realty
APPLICANT: Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. EXPIRATION. Zoning 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.
2. SEATS. The maximum seating allowed is 140 (79 inside dining seats, 15 inside bar
seats, and 46 outside dining seats).
3. ALCOHOLIC BEVERAGES. No alcoholic beverages outside of the bar area shall be
served without 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.
4. UTENSILS. All meals shall be served on reusable utensils.
5. HOURS OF OPERATION. The hours of operation are as follows:
Saturday and Sunday - 9:30 AM to 2:00 AM.
Monday through Friday- 11:00 AM to 2:00 AM.
6. RESTAURANT USE. A quality restaurant and full service bar is permitted.
7. ENTERTAINMENT. Acoustic musical entertainment is permitted inside only and shall
be limited to Thursday, Friday, and Saturday only. There shall be no amplified music
inside or outside the restaurant.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
8. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a
proportional to the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued. The fee shall be paid within
30 days of use permit approval. The traffic impact mitigation fee for this project, using the
current fee schedule and the preliminary plans is $12,300. This preliminary fee is based on
the addition of 40 seats to the existing approved 100 - seats. The project will generate 115
additional daily trips (2.86 daily trips per seat), and I 1 PM peak hour trips (0.26 peak hour
trips per seat). The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the use permit is approved, using a trip generation rate based on high
quality restaurant use.
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TO THE SATISFACTION OF THE POLICE CHIEF:
9. GENERAL. The restaurant /bar is subject to the following:
a. 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.
b, At t he d iscretion o f t he Chief of Police, p eriodic m eetings w ill b e c onducted w ith
representatives from the Police Department for on -going employee training on alcoholic
beverage service to the general public.
c. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non- alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location,
10. OUTDOOR DINING. A host /hostess station shall be staffed at the entrance to the outside
dining area.
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