2014-052 - Approval of CUP U-13-018 for 55 Los Gatos-Saratoga RdRESOLUTION 2014 -052
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -13 -018
APN: 529 -23 -007
CONDITIONAL USE PERMIT APPLICATION: U -13 -018
PROPERTY LOCATION: 55 LOS GATOS - SARATOGA ROAD
PROPERTY OWNER/APPLICANT: 55 PARTNERS, LLC
WHEREAS, this matter came before the Town Council for public hearing June 16, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approval of a Conditional Use Permit (CUP) to operate
a quality restaurant with a separate bar, outdoor seating and full alcohol service on property
zoned CHID. The applicant requested 82 seats and maximum hours of operation as defined in
the June 16, 2014, Town Council Report.
WHEREAS, on May 21, 2014, the Planning Commission considered a request for
approval of CUP application U -13 -018 on property zoned CHID. The Planning Commission
recommended approval of the request with 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 new restaurant will provide a desirable amenity that will complement the operation of the
existing motel, and will provide a desirable service to the immediate neighborhood and the
community; 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 PD Ordinance that governs the property allows
restaurant uses with approval of a Conditional Use Permit; 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 detailed in the April 23 and
May 21, 2014 Reports to the Planning Commission and as discussed by the Planning
Commission at its May 21, 2014 meeting.
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 deciding 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, The Town Council received testimony and documentary evidence from
the applicant and all interested persons who wished to testify or submit documents, and
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 June 16, 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 June 16,
2014, incorporates the findings made by the Planning Commission on May 21, 2014 regarding
this application, and the findings required for alcoholic beverage service beyond 10 PM.
B. An Initial Study and Mitigated Negative Declaration (MND) were prepared for
the Planned Development and the MND and the Mitigation Monitoring Plan were approved by
the Town Council on January 22, 2008. No further environmental analysis is required for this
application.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. CUP application U -13 -018 to operate a quality restaurant with a separate bar and
full alcohol service 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 16`h day of June, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
1M71CTOR OF THE TOWN Of
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN COUNCIL —June 16, 2014
CONDITIONS OF APPROVAL
55 Los Gatos-Saratoga Road
Conditional Use Permit U -13 -018
Requesting approval of a Conditional Use Permit for a quality restaurant with a separate bar and
full alcohol service on property zoned CHID. APN 529 -23 -007.
PROPERTY OWNER/APPLICANT: 55 Partners, LLC
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 and in substantial compliance with the plans
approved by the Town Council on June 16, 2014, and noted as received by the Town on
May 15, 2014. Any changes or modifications to the approved plans shall be approved by
the Community Development Director, the Planning Commission or the Town Council,
depending on the scope of the changes.
2. EXPIRATION. The Conditional Use Permit approval will expire two years from the
approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is
used prior to expiration.
3. 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.
4. 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.
5. USE. The approved use is a quality restaurant with full alcohol service. If a different
type of restaurant is proposed in the future, the CUP shall be amended.
6. TO GO WINDOW. There shall be no To Go Window.
7. SEATING. The maximum number of seats is 82 inclusive of the restaurant, dining bar,
breakfast room and the outdoor patio. A maximum of up to 22 seats are allowed on the
patio.
8. HOURS OF OPERATION. Maximum hours of operation are as follows:
a. 11:00 a.m. to 11:00 p.m., Monday through Thursday
b. 11:00 a.m. to 11:30 p.m. Friday
C. 9:00 a.m. to 11:30 p.m. Saturday
d. 9:00 a.m. to 11:00 p.m. Sunday
9. BAR SIZE. The length of the bar shall not exceed 24 feet.
10. ALCOHOL SERVICE. Alcoholic beverage service is allowed in the restaurant dining
room and dining bar, and outdoor patio, only in conjunction with meal service. Alcohol
service shall cease 30 minutes prior to closing within the restaurant and at 10:00 p.m. on
the outdoor patio.
EXHIBIT A
Conditions of Approval
55 Los Gatos - Saratoga Road/U -13 -018
Page 2 of 3
11. ALCOHOLIC BEVERAGE POLICY. The applicant shall comply with any new
requirements in the Town's Alcoholic Beverage Policy within six (6) months of the date
of the change in policy.
12. ABC PERMIT. A permit for service of alcohol shall be obtained from the Department of
Alcoholic Beverage Control prior to service of alcohol.
13. OUTDOOR PATIO. An enclosure shall be installed for the outdoor patio if alcohol
service will be available to patrons dining in this area. The design of the enclosure shall
be consistent with the Commercial Design Guidelines and compliant with ABC
requirements.
14. DELIVERY HOURS. Deliveries shall occur between 9:00 a.m. and 7:00 p.m., Monday
through Saturday. Delivery hours shall be coordinated between the uses on the property
and shall not conflict with the operation of schools in the area.
15. LIVE ENTERTAINMENT. No live entertainment or amplified music is allowed.
16. ONE YEAR REVIEW. The Planning Commission shall review the Conditional Use
Permit within one year from final occupancy to evaluate the success of the conditions of
approval, any compliance matters, and to determine if modifications to the conditions are
needed. This review shall be noticed as a public hearing.
17. BUSINESS LICENSE. A business license must be obtained from the Town prior to the
commencement of use.
Building Division
18. EXTERIOR STAIRS. The exterior stairs accessing the restaurant patio shall meet all
applicable Codes.
19. PERMITS REQUIRED. A Building Permit shall be required for the any alterations to
the restaurant space. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
20. 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.
21. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36 ".
22. 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 with the latest California Title 24 Accessibility Standards.
Necessary work shall be first investigated by the design Architect and then confirmed by
Town staff.
23. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Suzanne Avila (408) 354 -6875
b. Santa Clara County Fire Department: (408) 378 -4010
C. County Environmental Health Department: (408) 885 -4200
Conditions of Approval
55 Los Gatos - Saratoga Road/U -13 -018
Page 3 of 3
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
24. 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
$44,502.72. The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the building permit application, using a trip generation rate based
on quality restaurant use.
25. OUTDOOR TRASH ENCLOSURES. 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.
26. 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 POLCE CHIEF:
27. 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.
28. 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.
29. 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.
30. DESIGNATED DRIVER PROGRAM. The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
31. POSTING OF TAXICAB TELEPHONE NUMBERS. Taxicab telephone numbers shall
be posted in a visible location.
SAAdopted Reso -Ords \Community Dev- CDD\2014 Resolutions\LG -S=55- CUP- ExhibitA.doc