2007-095 - Approving A Request To Modify An Existing Conditional Use Permit To Allow The Service Of Beer & Wine With Meals (Main Street Burgers) On Property Zoned C -2. Apn: 510 -45 -075 Conditional Use Permit: U -07 -142 Property Location: 20 S. Santa CrRESOLUTION 2007 -095
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO ALLOW THE SERVICE OF BEER & WINE WITH MEALS (MAIN
STREET BURGERS) ON PROPERTY ZONED C -2.
APN: 510 -45 -075
CONDITIONAL USE PERMIT: U -07 -142
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE, SUITE 200
PROPERTY OWNER: JOHN FEECE, SIERRA MANAGEMENT
APPLICANT: ED RATHMANN
WHEREAS:
A. This matter came before Council for public hearing on June 18, 2007, 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 8, 2007, along with any and all subsequent reports and materials
prepared concerning this application.
C. On July 28, 2004, the Planning Commission approved a Conditional Use
Permit (CUP) for a high- turnover, sit -down restaurant (Main Street Burgers) at 20 S.
Santa Cruz Avenue, Suite 200. On October 27, 2004, the Commission approved a
modification to the CUP to allow an outdoor dining area for the joint use of Main Street
Burgers and Cold Stone Creamery.
D. On April 25, 2007, the Planning Commission considered the subject
application requesting modification of an existing CUP to allow the service of beer and
wine on property zoned C -2. The Commission voted to recommend denial based on
concerns about how the outdoor patio would be policed and the potential for minors to
obtain alcohol.
E. Applican. ;eks approval to modify its CUP to alk nor service of beer
and wine in conjunction with food service for an existing restaurant. Applicant does not
intend to have a stand alone or separate bar, provide any entertainment at the restaurant,
or operate past 10 PM. Applicant will require that patrons be served a lunch or dinner
meal before being served alcoholic beverages, as required by the Town's Alcohol Policy,
and that service of alcohol in approved existing outdoor seating areas be separated from
public areas with a physical barrier. The outdoor patio will be closely monitored by the
Los Gatos -Monte Sereno Police Department and the Los Gatos Community Development
Department to ensure that the conditions found in this CUP as well as the Town's
Alcohol Policy are followed. Failure to follow these conditions or the Town's Alcohol
Policy will result in the necessary and appropriate corrective action.
F. Town Council finds as follows:
i. Pursuant to Town Code section 29.20.190, the proposed use of the
property 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. Evidence in the record demonstrates that the proposed modification to
the CUP would encourage (1) economic and social activity consistent with a small - scale,
small town atmosphere and image, (2) the development and retention of locally -owned
stores and shops, (3) the preservation of downtown Los Gatos as the historic center of the
Town with goods and services for local residents while maintaining the existing Town
identity, environment and commercial viability, (4) outdoor service of alcohol in the patio
area will be closely monitored by the applicant's employees, the Director of the
Department of Community Development and the Chief of Police to ensure compliance
with conditions of approval, and (5) alcohol service will terminate at 10:00 p.m.
notwithstanding approv6 _ours of operation that allow the applio to remain open until
11:00 P.M.
H. Pursuant to the Town Alcohol Policy, the applicant has an
established positive record of compliance with its conditions of approval and Town law.
In addition, Council finds that the Alcohol Policy is clear in its application in that it does
not set quotas regarding restaurants allowed to serve alcohol. Instead, the Alcohol Policy
requires a case by case analysis of each application, which may be approved or denied on
its own merits consistent with Town standards for alcohol service. Regarding alcohol
service in a business that serves youth, a youth friendly business differs from a business
that is youth oriented in that the former can provide alcohol service without endangering
youth so long as the business complies with its conditions of approval and alcohol related
laws and regulations, and parents properly supervise their children. On the other hand, a
youth oriented business, i.e., one that is dedicated to provide services and activities for
youth, may not be an appropriate for alcohol service.
iii. The project is categorically exempt from environmental review
pursuant to Section 15301 of the State Environmental Guidelines as adopted by the
Town.
iv. 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 March 5, 2007.
RESOLVED:
1. Application U -07 -142 is approved.
2. The Conditions of Approval attached hereto as Exhibit A are adopted as
the Conditions of Approval of this permit.
3. The decis constitutes a final administrative decii i pursuant to
California 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 California Code of Civil Procedure section 1094.6, or such shorter time as required by
state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California held on the 6th day of August 2007 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Barbara Spector, Diane McNutt, Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN: Mike Wasserman
SIGNED: .
MAYOR F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TTEST:
(LEER K �' DMINISTRATOR OF THE TOWN OF LOS GATOS
LC�'S- ' OS, CALIFORNIA
�o \N 0 MEETING DATE: 8/6/07
ITEM NO: 10
DESK ITEM
!ps • G
COUNCIL AGENDA REPORT
DATE: AUGUST 6, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT RESOLUTION APPROVING A REQUEST FOR APPROVAL TO
MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW
SERVICE OF BEER AND WINE WITH MEALS (MAIN STREET BURGERS)
ON PROPERTY ZONED C -2. PROPERTY LOCATION: 20 S. SANTA CRUZ
AVENUE, SUITE 200 FILE #U -07 -142 PROPERTY OWNER: JOHN FEECE,
SIERRA MANAGEMENT APPLICANT: ED RATHMANN
Attached are the conditions of approval (Exhibit A to proposed resolution) which were
inadvertently omitted.
Attachment: Conditions of approval (Exhibit A)
PREPARED BY : ORRY P. KORB
Town Attorney
OPK:pg
NAMGR \AdminWorkFiles \'T'own Attorney \Council Reports \8 -6 -07 Rathmann desk item.doc
Reviewed by: Assistant Town Manager Town Manager
Clerk Administrator Finance Community Development
TOWN COUNCIL — JUNE 18.2007
CONDITIONS OF APPROVAL
20 S. Santa Cruz Avenue, Suite #200
Conditional Use Permit U -07 -142
Requesting approval to modify an existing conditional use permit to allow service of beer &
wine with meals (Main Street Burgers) on property zoned C -2. APN 510 -45 -075.
PROPERTY OWNER: John Feece, Sierra Management
APPLICANT: Ed Rathmann
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans noted as
received by the Town on December 5, 2006 and approved by the Town Council on
March 5, 2007. Any changes or modifications to the approved plans and /or business
operation shall be approved by the Community Development Director or the Planning
Commission, depending on the scope of the changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire
two years from the date of approval unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. BUSINESS OPERATION. This approval is for a quality restaurant use, and is restricted
to the areas shown on the approved plans. Any change in the type of business requires
modification of the Conditional Use Permit.
4. HOURS OF OPERATION. Hours of operation are limited to 7:00 am to 11:00 pm daily.
5. SEATS. The maximum number of seats is 44 (26 indoors and 18 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine is permitted. only with meals. 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. There shall be no separate bar for the restaurant.
7. ALCOHOL LICENSE: The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT. No live entertainment is allowed.
9.. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if frill. A trash receptacle shall be
located on the outdoor patio and maintained by Main Street Burger staff..
11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development.
13. PORTER. A porter shall be available at all times to maintain the patio area.
14. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
15. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
16. 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 29.20.310 of the Zoning Ordinance.
TO THE SATISFACTION OF THE POLICE CHIEF:
17. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
18. 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.
19. 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.
20. 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.
21. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
22. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
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