2003-121 - Approving A Recommendation From The Planning Commission To Amend A Conditional Hours Of Operation, Police Department Notification Requirements For Special Events, And Operation Of A Spa On Property Zoned C-1:P1) Decision Conditional Use Permit:RESOLUTION 2003 - 121
RESOLUTION APPROVING A RECOMMENDATION FROM THE PLANNING COMMISSION TO
AMEND A CONDITIONAL USE PERMIT TO
MODIFY RESTAURANT HOURS OF OPERATION, POLICE DEPARTMENT
NOTIFICATION REQUIREMENTS FOR SPECIAL EVENTS, AND OPERATION
OF A SPA ON PROPERTY ZONED C -1:P1) DECISION
CONDITIONAL USE PERMIT: U -03 -1
PROPERTY LOCATION: 210 E. MAIN STREET
PROPERTY OWNER: PINN BROTHERS CONSTRUCTION
APPLICANT: GREG PINN
WHEREAS:
A. This matter came before Council for public hearing on October 6, 2003, on a recommendation
from the Planning Commission 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 September 30, 2003, along with subsequent reports and
materials prepared concerning this application.
C. The applicant is requesting approval to modify the Conditional Use Permit concerning the
hours of operation for the restaurant, extending the spa to the public by appointment and to sell a limited
amount of retail product associated with the spa services, and to reduce the 30 -day requirement for a special
event/banquet to allow more flexibility when booking events at the facility.
D. Council finds as follows:
1. 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 applicant does not have a history of complaints, the extended hours are parallel with other similar
establishments in Town, and the banquet facilities are unique and a benefit to the community
1
2. The project is categorically exempt pursuant to State Environmental Guidelines
section 15301 as adopted by the Town.
3. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
RESOLVED:
1. The Conditional Use Permit U -03 -1 is therefore granted.
2. 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 20th day of October, 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: /LOVSATOS,
OF THE TOWN OF LOS GATOS
CALIFORNIA
ATTEST
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
2
TOWN COUNCIL MEETING - OCTOBER 6, 2003
CONDITIONS OF APPROVAL FOR:
210 E. Main Street
Conditional Use Permit U -03 -1
Requesting approval to modify hours of operation, requirements for special events, operation of spa
and to allow retail sales on property zoned C -1:PD. APN 529 -34 -068.
PROPERTY OWNER: Pinn Brothers Construction
APPLICANT: Greg Pinn
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division:
1. CONDITIONAL USE PERMIT APPROVAL /EXPIRATION. This approval is for a Conditional
Use Permit for the operation of a 72 -room hotel with a spa and a 166 -seat restaurant with separate
bar and outside seating. The approvals will expire two years from the date of approval unless the
approvals are used before expiration. Section 29.20.335 defines what constitutes the use of an
approval granted under the Zoning Ordinance.
2. RESTAURANT SEATING. The maximum number of seats shall not exceed 166 inclusive of the
restaurant, bar, and outside seating.
3. ALCOHOLIC BEVERAGES. Alcoholic beverage service is permitted in the dining areas only with
meal service.
4. SPA OPERATION. The spa hours shall be limited to 10:00 am to 10:00 pm Monday through Friday
and 8:30 am to 8:30 pm Saturday and Sunday. The spa operation is limited to the existing space it
occupies within the basement of Building A and cannot be expanded without prior approval of the
Town.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
5. HOURS OF OPERATION. The developer /property owner /facility operators shall limit the operation
of the restaurant dining area to the hours of 7:00 a.m. to 11:00 p.m., Sunday through Thursday and
7 :00 am to 12:00 am (midnight) Friday and Saturday. The bar seating shall not open until 11:00 am
although alcoholic beverages may be served with weekend brunches. Meal service shall be provided
until the closing of both the restaurant and bar. Breakfast/Brunch service is permitted within the
.hotel lobby, outdoor seating area, or conference rooms from the hours of 6:00a.m. to 3:00 p.m and
beginning at 7 :00 am in the restaurant. Room service for the hotel is allowed from the hours of 6:00
a.m. to 2:00 a.m. daily. Food service for special events and banquets is permitted in conference
rooms, the hotel lobby, the Building A courtyard, the Building B pool and courtyard, and the banquet
room, but these events and activities are prohibited during the following hours:
a. After 11 p.m. Sunday through Thursday, except for holidays and evenings before holidays;
and
b. After 1 a.m. Friday, Saturday, holidays, or evenings before holidays.
6. OUTDOOR SEATING /SPECIAL EVENTS. Outdoor seating areas for meals service is only
allowed in the Building A courtyard and Building B pool /courtyard area. Outdoor seating /special
events are prohibited in the plaza area in front of Building A.
7. EVENTS. The developer /property owner /facility operators shall consult with the Police Department
at least 14 days prior to any proposed event to ensure that adequate on -site parking, traffic control,
�X14 18- T—"P,,
Town Council Conditions - October 6, 2003
210 E. Main Street/U -03 -1
and /or security resources are provided by the hotel /restaurant and available during the - proposed
event. If warranted by the Police Department, the facility operator shall provide, at the facility
operator's cost, the necessary uniformed traffic control or security officers deemed necessary for the
proposed event.
8. AMPLIFIED MUSIC/EQUIPMENT. The developer /property owner /facility operators shall not
operate or use sound amplified music or equipment (outdoors), except during the following hours:
a. 5:00 p.m. to 7:00 p.m. Monday through Friday
b. 12:00 noon to 6:00 p.m. Saturdays
C. 12:00 noon to 4:00 p.m. Sundays and Holidays
Not withstanding these hours, the developer /property owner /facility operators shall not operate sound
amplifying equipment within 200 feet of any church, school, or hospital while any of these facilities
are in operation. In all events (indoors or outdoors), the developer /property owner /facility operators
shall ensure that the volume of sound and the hours of operation shall be so controlled that the sound
will not be unreasonably loud, raucous, jarring, disturbing or a nuisance as defined by the Town
Code.
9. SERVICE VEHICLES /SOUNDS. The developer /property owner/hotel- restaurant operator shall take
special care to eliminate sound intrusion on the neighboring residential properties near the site. This
shall include coordinating Garbage Disposal /Recycling Pick Up after 8:00 a.m. on weekdays and
after 9:00 a.m. on weekends or holidays.
10. DELIVERIES. The developer /property owner /facility operators shall limit all deliveries to the hours
of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. The
developer /property owner /facility operators shall notify and encourage all delivery trucks to use the
available on -site loading zone between Buildings A and B.
11. ALCOHOL BEVERAGE SERVICE W/ MEALS. Alcoholic beverage service may only be served
with meals in the delineated dining areas. Meal service shall be provided until the closing of both
the restaurant and bar.
12. OUTDOOR SEATING AREA /ALCOHOL. The facility operators (hotel /restaurant) shall maintain
a physical delineation in the form of landscaping, planters, or low walls to separate and control
access to the outdoor seating area noted on the submitted development plans (Building A courtyard
and Building B pool /courtyard area). When alcohol beverage service is permitted in the outside
seating area, a restaurant employee shall seat all patrons.
13. UNIFORMED SECURITY GUARDS. If warranted by the Police Department, the facility operators
(hotel /restaurant) shall provide, at the operators' cost, uniformed security guards in or around the
premises if alcohol related problems occur and are not resolved by the licensed owner /operator.
14. MEETINGS WITH POLICE DEPARTMENT. At the discretion of the Chief of Police, periodic
meetings between the operators (hotel /restaurant) and representatives from the Police Department
for on -going employee training on alcoholic beverage service to the general public will be required.
15. TRAINING MANUAL. The facility operator of the restaurant shall use and disseminate to all
employees, an employee training manual that addresses alcoholic beverage service consistent with
the standards of the California Restaurant Association.
16. DESIGNATED DRIVER PROGRAM. The facility operator of the restaurant shall have and actively
promote a designated driver program such as complimentary non - alcoholic beverages for designated
Town Council Conditions - October 6, 2003
210 E. Main Street/U -03 -1
drivers.
17. TAXICAB TELEPHONE NUMBERS. The facility operator of the restaurant shall post taxicab
telephone numbers in a location visible to the public.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
18. TRAFFIC MONITORING. The traffic impact and potential conflict with Los Gatos High School
traffic shall be monitored by the Town on an annual basis.
19. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a proportional
fee to the project's share of transportation improvement needed to serve cumulative development
within the Town of Los Gatos. The fee shall be paid within 30 days of Council approval of the use
permit modification. The traffic impact mitigation fee for this project using the current fee schedule
is $2,160.00.
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