2013-051 - Grant CUP 32 NSCRESOLUTION 2013 -051
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT
APPLICATION U -13 -011.
APN: 529 -03 -055
CONDITIONAL USE PERMIT APPLICATION: U -13 -011
PROPERTY LOCATION: 32 N. SANTA CRUZ AVENUE
PROPERTY OWNER: FLICK FAMILY TRUST
APPLICANT: NAPA STYLE
WHEREAS, this matter came before the Town Council for public hearing on December
2, 2013, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approval to modify an existing Conditional Use Permit
(CUP) for a formula retail store (Napa Style) to allow beer and wine tastings, off -site sales, and
charity events on property zoned C- 2:LHP.
WHEREAS, on October 23, 2013, the Planning Commission considered the request to
modify the CUP. The Planning Commission recommended denial of the CUP based on concerns
regarding intensification of parking and alcohol service in the downtown.
WHEREAS, the Town's Alcohol Beverage Policy requires any new application for the
service of alcoholic beverages to be approved by Council, including limited tasting pours. 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.
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 this 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. These findings are based
on the evidence presented in the Council Agenda Report dated November 25, 2013, regarding this
application.
B. The project is categorically exempt from environmental review pursuant to Section
15061 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The CUP application U -13 -011 to modify an existing Conditional Use Permit (CUP)
for a formula retail store (Napa Style) to allow beer and wine tastings, off -site sales, and charity
events on property zoned C -2:LHP is approved.
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 2 "d day of December, 2013, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
■ 5Mr�
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN COUNCIL — December 2, 2013
CONDITIONS OF APPROVAL FOR:
32 N. Santa Cruz Avenue
Conditional Use Permit Application U -13 -011
Requesting approval to modify an existing CUP for a formula retail store (Napa Style) to
allow beer and wine tasting, sales, and events on property zoned C- 2:LHP. APN: 529 -03-
055
PROPERTY OWNER: Flick Family Trust
APPLICANT: Napa Style
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed and operated in accordance with all of
the conditions of approval listed below.
2. EXPIRATION: The 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. USE: This approved use is for a formula retail business primarily for the sale of home and
dining accessories, and may include limited packaged food items and limited room
temperature beer and wine packaged for off -site consumption.
4. HOURS: Hours of operation are limited to 9:00 a.m. to 9:00 p.m. daily inclusive of private
events, as limited below, which may occur between 6:00 p.m. and 9:00 p.m. if the store is
closed to the public.
5. STORE DELIVERIES: Delivery shall occur at the rear of the building during the hours of
7:00 a.m. to 10:00 a.m. only.
6. PRIVATE EVENTS: A maximum of three private events, which may include wine or beer
tastings, are permitted per month with a maximum of 24 events annually. Events shall be
limited to a maximum of 25 guests per event. The private events may include food, wine
and/or beer service and tastings if provided by an ABC licensed caterer or other ABC
licensed provider.
7. BOTTLE DISPOSAL: Disposal of bottles must occur during regular business hours.
8. MUSIC: No live music or entertainment is permitted without approval of a Live
Entertainment Permit.
9. ONE YEAR REVIEW: One year from approval, the Town Council shall review the permit
for any issues that arise and to ensure compliance with pending policies and standards
related to alcohol service and entertainment.
10. 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.
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EXHIBIT A