2012-053 - CUP Application U-12-007. Property Location: 40 N. Santa CruzRESOLUTION 2012 -053
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT
APPLICATION U -12 -007.
APN: 529 -03 -050
CONDITIONAL USE PERMIT APPLICATION: U -12 -007
PROPERTY LOCATION: 40 N. SANTA CRUZ AVENUE SUITE A
PROPERTY OWNER: LOS GATOS INVESTMENTS LLC.
APPLICANT: STEPHEN SHELTON AND JAMES MARINO
WHEREAS, This matter came before the Town Council for public hearing on September 4,
2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approve for a Conditional Use Permit (CUP) to operate a
restaurant with outdoor seating and full liquor service on property zoned C -2. The applicant is
requesting 22 seats, with up to five of those seats located within an outdoor patio and hours of
operation of 11:30 a.m. until 11:00 p.m., Monday thru Thursday; midnight on Friday and Saturday;
and 10:00 p.m. on Sunday.
WHEREAS, On August 8, 2012, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to operate a restaurant with outdoor seating and full liquor service on
property zoned C -2. The Planning Commission determined that the request was inconsistent with
Ordinance 2021 regarding conversion of a retail space and recommended denial.
WHEREAS, The Town's Alcohol Beverage Policy requires any new application for the
service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests
for a new application for alcohol service on a case -by -case basis to ensure that the request is
appropriate for the specific use and its location.
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WHEREAS, The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
WHEREAS, Town Council received testimony and documentary evidence from 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, 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 August 23, 2012, regarding this
application.
B. The project does not conflict with Ordinance 2021 in that the majority of the
original retail space will be maintained.
C. The project is categorically exempt from environmental review pursuant to Section
15061 of the State Environmental Guidelines as adopted by the Town.
D. The proposed use is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (section IV.B).
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NOW THEREFORE BE IT RESOLVED:
1. The CUP application U -12 -007 to operate a restaurant with outdoor seating and full
liquor service on property zoned C -2 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 besought 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 4th day of September 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
40 N. Santa Cruz Avenue, Suite A
Conditional Use Permit U -12 -007
Requesting approval to operate a restaurant with outdoor seating and full alcohol service on
property zoned C -2. APN 529 -03 -050.
PROPERTY OWNER: Los Gatos Investments, LLC
APPLICANT: Stephen Shelton and James Marino
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, in substantial compliance with the approved plans. Any changes or
modifications made to the approved plans shall be approved by the Director of Community
Development, the Development Review Committee, the Planning Commission, or the Town
Council depending on the scope of the change(s).
2. 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.
3. APPROVED USE: The approved use is for quality sit down restaurant in Suite A (1,487 square
feet).
4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a resolution in
the future which regulates formula restaurants, this CUP shall be subject to that ordinance or
resolution.
5. SEATS: The maximum number of seats shall not exceed 22. Up to five of the 22 seats may be
permitted within the outdoor patio.
6. OFFICE SPACE: The tenant space shall include 200 sq. ft. of office /storage space as shown on the
approved plans. If this space is not included in future lease agreements, seating will be limited to
19 seats.
7. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages 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.
8. HOURS OF OPERATION: Maximum hours of operation are 11:30 a.m. until 11:00 p.m., Monday
thru Thursday; midnight on Friday and Saturday; and 10:00 p.m. on Sunday
9. ENTERTAINMENT: Live entertainment is not allowed.
10. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a
physical delineation or other means to manage public safety and welfare concerns to the
satisfaction of the Community Development Director and the Police Chief.
11. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must
seat patrons in the outdoor seating area.
12. UTENSILS: All meals served on -site shall be on re- usable utensils.
13. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
14. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be
obtained prior to any changes to existing signs or installation of new signs.
15. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement of use.
16. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must
be obtained prior to the commencement of any new or change of use.
17. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the hours of 7
AM to 10 AM.
18. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall
only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
19. 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.
20. 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 forth in the approval, and may be secured to the
satisfaction of the Town Attorney.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
21. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department and West
Valley Sanitation District for the interception, separation or pretreatment of effluent.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
22, OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load
and required exits to the Fire Department for review and approval prior to commencement of use
and /or issuance of building permits.
23. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed
extinguishing system in the kitchen to ensure compliance with applicable regulations prior to
commencement of use and /or issuance of building permits.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
24, 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.
25. 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.
26. 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.
27. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for designated drivers.
28. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted
in a visible location.
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