2014-016 - Grant Approval of CUP for 346 N Santa Cruz AveRESOLUTION 2014 -016
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -13 -023.
APN: 529 -04 -043
CONDITIONAL USE PERMIT APPLICATION: U -13 -023
PROPERTY LOCATION: 346 N. SANTA CRUZ AVENUE
PROPERTY OWNER: LINDA POND, POND FAMILY TRUST
APPLICANT: MATT OETINGER, FERNWOOD CELLARS
WHEREAS, This matter came before the Town Council for public hearing March 24,
2014, and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP) to
operate a wine tasting room and retail sales of wine for offsite consumption on property zoned C-
2. The applicant requested no seats and maximum hours of operation of Monday through
Thursday, 4:00 p.m. to 8:00 p.m.; Friday and Saturday, 11:00 a.m. to 8:00 p.m.; and Sundays,
11:00 a.m. to 5:00 p.m.
WHEREAS, On February 12, 2014, the Planning Commission considered a request for
approval of CUP U -13 -023 on property zoned C -2. The Planning Commission recommended
approval of the request with modified Conditions of Approval, finding that the proposal was
desirable to the public in that the use will provide a wine tasting room service with retail sales to
the community similar to what was previously provided by two other tasting locations that
recently closed (French Cellar and Fleming - Jenkins), as well as bring visitors, shoppers, and
residents to a less frequented area of North Santa Cruz Avenue; it will not impair the integrity of
the zone in that the use will be in a commercial zone; will not be detrimental to public health,
safety, or welfare in that the use will be subject to provisions of the Alcoholic Beverage Policy
and conditions placed on the permit will mitigate potential impacts; and is in harmony with the
elements and objectives of the General Plan and Town Code as discussed within the February 12,
2014, Planning Commission report.
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 for
their meeting on March 24, 2014, 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 for their meeting on March 24,
2014, and incorporates the findings made by the Planning Commission on February 12, 2014,
regarding this application.
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. CUP application U -13 -023 to operate a wine tasting room on property zoned C -2
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 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 and federal Law.
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of
Los Gatos, California, held on the 24`h day of March, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN-OF-tt)R GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — March 24, 2014
346 N. Santa Cruz Avenue
Conditional Use Permit U -13 -023
Requesting approval to operate a wine tasting room on property zoned C -2. APN 529 -04-
043.
PROPERTY OWNER: Pond Family Trust
APPLICANT: Matt Oetinger, Fernwood Cellars
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. Any changes or modifications 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 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. 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.
4. USE: The approved use is a wine tasting room, which cannot involve more than two
wineries, with retail sales. Retail sales of beer or hard liquor are not permitted.
5. SEATING: No seating is allowed. A standing only bar counter is permitted.
6. HOURS OF OPERATION: Maximum hours of operation are Monday through Thursday,
4:00 p.m. to 8:00 p.m.; Friday and Saturday, 11:00 a.m. to 8:00 p.m.; and Sundays, 11:00
a.m. to 5:00 p.m.
7. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
8. ALCOHOLIC BEVERAGE POLICY: The applicant shall be subject to comply with any
new requirements in the Town's Alcoholic Beverage Policy within six (6) months from the
date of the change in policy.
9. NUMBER AND SIZE OF TASTINGS: Each customer may only be served a maximum of
5 -one ounce pours, or 1 -five ounce pour, or a combination, not to result in a total exceeding
five ounces per customer per day. If the California Department of Alcohol Beverage
Control (ABC) adopts limitations for tastings that are more restrictive than this condition,
then the number and size of tastings shall be limited by ABC limitations. If the California
Department of Alcohol Beverage Control (ABC) adopts limitations for tastings that are less
restrictive than this condition, then this condition shall limit the number and size of
tastings.
10. 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.
11. 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.
12. 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.
EXHIBIT A
13. 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 overtum, 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.
Building Division
14. PERMITS REQUIRED: A Building Permit shall be required for the any alterations to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
15. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
16. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
17. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then confirmed by Town staff.
18. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702
b. Santa Clara County Fire Department: (408) 378 -4010
c. County Environmental Health Department: (408) 885 -4200
TO THE SATISFACTION OF THE CHIEF OF POLICE:
19. 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.
20. 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.
21. 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.
22. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
23. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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