2003-098- Approving Request To Modify A Conditional Use Permit To Increase The Hours Of Operation And To Modify Terms Of Service Of Alcoholic Beverages For A Restaurant On Property Zoned C -2 Conditional Use Permit Application: U -03 -4 Property LocationRESOLUTION 2003 -98
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO MODIFY A CONDITIONAL
USE PERMIT TO INCREASE THE HOURS OF OPERATION AND TO MODIFY TERMS OF SERVICE OF
ALCOHOLIC BEVERAGES FOR A RESTAURANT ON PROPERTY ZONED C -2
CONDITIONAL USE PERMIT APPLICATION: U -03 -4
PROPERTY LOCATION: 330 N. SANTA CRUZ AVENUE
PROPERTY OWNER: MELIDIMAR, LLC
APPLICANT: CAROL HENNESSY AND SIMONA TODORAN.
WHEREAS:
A. This matter came before Council for public hearing on August 4, 2003, on a request from the applicant
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant 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 July 28, 2003 along with subsequent reports and materials prepared concerning this application.
C. The current restaurant occupying the tenant space the subject use permit applies to is moving out of
Town in August. Applicant is requesting approval to modify the Conditional Use Permit to extend the evening hours
of operation to 10:00 p.m. seven days a week, and to serve beer and wine to patrons sitting in the outdoor dining area.
The outside seating area (eight seats) would be used when weather permits and are included in the total number of
seats (32) allowed for the restaurant.
D. The Planning Commission considered this matter on May 14, 2003 and forwarded it to Council with
a recommendation for approval due to the uniqueness of the situation, which is not addressed in the Town's Alcohol
Beverage policy.
E. Council finds as follows:
The project is categorically exempt pursuant to State Environmental Guidelines section 15301 as
adopted by the Town.
2. The change in hours is consistent with the Redevelopment Plan for the central Los Gatos
Redevelopment Project (section IV.B).
3. 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 purposes
of the Town Code.
RESOLVED:
I. The request to modify Conditional Use Permit U -03 -4 is granted.
2. The revised Conditions of Approval, attached hereto as Exhibit A, are applied to this Application.
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California
held on the 2n day of September, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR 07 THE TOWN OF LOS GATOS
LOS GATOS. CALIFORNIA
ATTEST
CLERK OF THE TOWN OF LOS GA
LOS GATOS, CALIFORNIA
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PLANNING COMMISSI6i�
RECOMMENDED CONDITIONS OF APPROVAL
330 N. Santa Cruz Ave
Conditional Use Permit U -03 -4
Requesting approval to modify a conditional use permit to increase the hours of operation and
to modify terms of service of alcoholic beverages for a restaurant on property zoned C -2. APN
529 -04 -040
PROPERTY OWNER: Melidimar, LLC
APPLICANT: Carol Hennessy and Simona Todoran
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 and in substantial compliance with the plans approved and noted as received by the
Town on May 5, 2003. 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 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. HOURS OF OPERATION. Hours of operation shall not exceed 10:00 am to 10:00 pm.
4. SEATING. A maximum of thirty two (32) seats are allowed inclusive of indoor and outdoor
dining areas. A maximum of eight seats may be placed in the outdoor dining area.
5. OUTDOOR DINING AREA. The outdoor dining area shall be maintained and kept litter
free. Signage, lighting and furniture shall be designed to maintain the architectural integrity of the building.
6. OUTDOOR DINING BARRIER. The barrier around the outdoor dining area shall be
modified to provide clear delineation of the eating area, and to provide adequate separation from the adj acent
public areas. The final design of the barrier shall be approved by the Director of Community Development,
Consulting Architect and the Police Chief, prior to issuance of any building permits.
7. ALCOHOL SERVICE. The service of alcohol shall be limited to beer and wine and may
only be served with meals.
8. RETAIL SALES. The use shall include retail sales in conjunction with the restaurant.
9. TAKE OUT. Take out food shall be served in recycled material containers.
10. UTENSILS. All beverages and food served on site shall be served on reusable materials.
11. LIVE ENTERTAINMENT. No live entertainment shall be provided unless the applicant
receives future approval of live entertainment.
12. 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.
13. ROOF MOUNTED EQUIPMENT. Any roof mounted equipment shall be fully screened.
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Conditions of Approval
330 N. Santa Cruz Avenue /U -03 -4
Page 2 of 2
TO THE SATISFACTION OF THE POLICE CHIEF:
14 ALCOHOL SALES. If it is determined that the sale of alcohol is a nuisance, the use permit shall
be subject to reevaluation by the Planning Commission.
15. EMPLOYEE TRAINING: The establishment shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California Restaurant Association.
16. DESIGNATED DRIVER PROGRAM: The establishment shall have and actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated drivers.
17 TAXI NUMBERS: Taxicab telephone numbers shall be posted at a visible location.
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