2014-022 - Approve Modification to CUP for Hultz Restaurant at 165 LG-Saratoga RdRESOLUTION 2014 -022
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION
U -13 -055.
APN: 529 -04 -083
CONDITIONAL USE PERMIT APPLICATION: U -13 -025
PROPERTY LOCATION: 165 LOS GATOS SARATOGA ROAD
PROPERTY OWNER: NICHOLAS AND SUEANNE GERA
APPLICANT: ALEXANDER HULT
WHEREAS, this matter came before the Town Council for public hearing on April 7, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approval for a modification of an existing Conditional Use
Permit (CUP) to convert a high turnover sit down restaurant with beer and wine to a quality (fine
dining) restaurant with full liquor service, and to modify their hours of operation.
WHEREAS, on February 26, 2014, the Planning Commission considered the request to
modify the existing CUP. The Planning Commission recommended approval of the CUP subject to
the recommended conditions.
WHEREAS, the Town's Alcohol Beverage Policy requires any application for new or
modification to the service of alcoholic beverages to be approved by Council. Town Council reviews
CUP requests for alcohol service on a case -by -case basis to ensure that the request is appropriate for
the specific use and its location.
WHEREAS, the Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service beyond 10 PM on a case -by -case basis when the proposal will not
negatively impact residential neighborhoods, there is not a history of alcohol related incidents or
complaints, and when the application will provide a clear benefit to the community.
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. These findings are based on the evidence presented
in the April 7, 2014, Council Agenda Report, 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. CUP application U -13 -025 to modify an existing CUP for a high turnover sit down
restaurant with beer and wine to a quality restaurant with full liquor service and to modify their hours
of operation 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 110.085 of the Town Code of the Town of Los Gatos.
Any application forjudicial 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 regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of April, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN OS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN COUNCIL —April 7, 2014
CONDITIONS OF APPROVAL FOR:
165 Los Gatos Saratoga Road
Conditional Use Permit Application U -13 -025
Requesting approval to modify an existing Conditional Use Permit for a restaurant
(Hult's) with beer and wine service to full liquor service on property zoned C -2.
APN 529 -04 -083.
PROPERTY OWNER: Sueanne and Nicholas Gera
APPLICANT: Alexander Hult
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. 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.
2. RESTAURANT USE: A high quality restaurant.
3. HOURS: Maximum hours of operation shall be 9:00 a.m. to 11:00 p.m. Sunday
through Thursday; and 9:00 a.m. to 12:00 a.m., Friday and Saturday.
4. SEATS: The maximum number of seats shall not exceed 114.
5. ALCOHOL SERVICE: Full liquor service is permitted with meal service only.
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.
6. DELIVERIES: Deliveries shall be limited to 7:00 a.m. 12:00 p.m.
7. LIVE ENTERTAINMENT: Live entertainment is not permitted without a valid
entertainment permit.
8. TRASH: All areas directly surrounding the restaurant shall be kept clear of trash.
All trash shall be kept in the dumpsters located in the southwest corner of the
parking lot.
9. RECYLCED CONAINERS: Any take -out food shall be served in containers
made of recycled materials,
10. REUSABLE CONAINERS: All meals served on -site shall be on re- usable
utensils.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11. GENERAL: The restaurant is subject to the following:
a. 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.
b. 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.
EXHIBIT A
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for
designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
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