2014-037 - Approve CUP for 81 W Main StRESOLUTION 2014 -037
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -14 -002
APN: 529 -01 -025
CONDITIONAL USE PERMIT APPLICATION: U -14 -002
PROPERTY LOCATION: Sl W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC /SUE FARWELL
APPLICANT: ANNA PIZZO
WHEREAS, This matter came before the Town Council for public hearing May 5, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP)
modification to increase seating and provide full alcoholic beverage service for a restaurant
(Zona Rosa) on property zoned C- 2:LHP. The applicant requested 26 seats and maximum hours
of operation of 10:00 a.m. to 10:00 p.m., seven days a week.
WHEREAS, On March 26, 2014, the Planning Commission considered a request for
approval of CUP application U -14 -002 on property zoned C- 2:LHP. The Planning Commission
recommended approval of the request with new and modified Conditions of Approval, finding
that the proposed use of the property is essential or desirable to the public convenience or
welfare in that the use would add variety to the existing Mexican restaurant concepts currently in
the downtown area with a light eating concept that would be well received by locals and visitors;
the proposed use will not impair the integrity and character of the zone in that the use will be in a
commercial zone; and the proposed use would not be detrimental to public health, safety or
general 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 the proposed use of the
property is in harmony with the various elements or objectives of the General Plan and the
purposes of the Town Code as discussed within the March 26, 2014, Planning Commission Staff
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 May 5, 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. These findings
are based on the evidence presented in the Council Agenda Report for its meeting on May 5,
2014, and incorporate the findings made by the Planning Commission on March 26, 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 -14 -002 to increase seating and provide full alcoholic beverage
service for a restaurant (Zona Rosa) 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 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 5s' day of May, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — May 5, 2014
81 W. Main Street
Conditional Use Permit U -14 -002
Requesting approval to modify a Conditional Use Permit to increase seating and provide
full alcoholic beverage service for a restaurant (Zona Rosa) on property zoned C- 2:LHP.
APN 529 -01 -025.
PROPERTY OWNER: Vermont Building, LLC /Sue Farwell
APPLICANT: Anna Pizzo
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 high turnover sit -down restaurant with full alcoholic beverage
service. A standalone bar or counter is not permitted.
5. SEATING: The maximum number of seats is 26. Outdoor seating is not permitted.
6. HOURS OF OPERATION: Maximum hours of operation 10:00 a.m. to 10:00 p.m., seven
days a week.
7. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
8. ALCOHOL SERVICE: The service of alcohol 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, pretzels, potato skins, relish trays, etc. (hot or cold)
are not meals. No separate bar is allowed and alcoholic beverage service is not allowed
outside.
9. 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.
10. 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.
11. COMMUNITY BENEFIT: The applicant has offered the following community benefit to
offset traffic impacts created by the proposed project: a public bench. The community
benefit shall be provided to the Town prior to issuance of building permits or
commencement of operation, whichever occurs first.
12. 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.
13. 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.
EXHIBIT A
14. 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.
15. ELECTRONIC PAGERS: The applicant shall consider the use of electronic pagers for
patrons waiting to be seated.
16. 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.
Building Division
17. 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.
18. 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.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
20. 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.
21. 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 DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
22. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
23. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Department prior to releasing of any permit.
24. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
25. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk - through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Sidewalk replacement shall be Villa Hermosa Style and shall be constructed per Town
requirements and standards ST -224 and ST -225.
26. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
27. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
28. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
29. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer shall
notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed
changes. Any approved changes shall be incorporated into the final "as- built" plans.
30. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
31. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to the
project's share of transportation improvement needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be
paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is $11,200. The fee is based on the
existing high turnover restaurant rate with 6 seats and the proposed application with 26
seats. The estimated trips are as follows: ADT: 97 trips; AM Peak hour: Zero trips; PM
peak hour: 8 trips. The final fee shall be calculated from the final plans using the rate
schedule in effect at the time of the building permit application.
32. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
33. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
34. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on
the property, the measurement shall be made at distances as close to twenty -five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty -five (85) dBA.
35. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Sanitary Sewer Clean-out is required for each property at the property line or
location specify by the Town.
36. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative. The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building permit.
37. OUTDOOR TRASH ENCLOSURES: (Restaurants Only). Outdoor trash enclosures shall
be covered and provided with area drains connected to the sanitary sewer per current
NPDES requirements. Temporary trash enclosures are exempt from this condition.
38. 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.
39. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division. The adjacent public right -of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and /or the street will not be allowed unless a special permit is
issued. The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of -way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
40. 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.
41. 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.
42. 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.
43. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
44. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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