2014-044 - Approval of CUP U-14-004 for 114 N Santa Cruz AveRESOLUTION 2014 -044
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -14 -004
APN: 529 -03 -040
CONDITIONAL USE PERMIT APPLICATION: U -14 -004
PROPERTY LOCATION: 112 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: LOS GATOS COMMERCIAL LLC.
APPLICANT: JOS PEIJNENBURG, OLIVINUM
WHEREAS, this matter came before the Town Council for public hearing June 2, 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 formula retail business (We Olive) with a winebar on property zoned C -2. The applicant
requested 21 seats and maximum hours of operation as defined in conditions 8 and 9 of Exhibit
A (attached).
WHEREAS, on April 23, 2014, the Planning Commission considered a request for
approval of CUP application U -14 -004 on property zoned C -2. The Planning Commission
recommended approval of the request with an additional Condition 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 a unique retail and eating and drinking establishment that does not currently
exist in Town; 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 by the Planning Commission at
the April 23, 2014, Planning Commission meeting.
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 June 2, 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 2,
2014, and incorporate the findings made by the Planning Commission on April 23, 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 -004 to operate a formula retail business (We Olive) with a
winebar 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 regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2 "d day of June, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pircynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL —June 2, 2014
112 N. Santa Cruz Avenue
Conditional Use Permit U -14 -004
Requesting approval to operate a formula retail business (We Olive) with a winebar on
property zoned C -2. APN 529 -03 -040.
PROPERTY OWNER: Los Gatos Commercial LLC
APPLICANT: Jos Peijnenburg, Olivinum
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 for a formula retail business selling olive oils, vinegars, and
packaged food accompaniments. The use also includes a winebar with wine tastings and on
and offsite wine and beer sales. On or offsite sales of hard liquor are not permitted.
5. ALCOHOL SERVICE: The service of beer and wine (including wine tastings) is permitted
only when food service is available. Food service, for the purposes of this condition, is defined
as a combination of items selected from a menu.
6. SEATING: No more than 21 seats are permitted (inclusive of indoor and outdoor courtyard
seating). No seats shall be placed at the olive oil display counter.
7. OLIVE OIL DISPLAY COUNTER: No food service shall occur at the display counter, limited
tasting of olive oils is permitted. No seating shall be placed at this counter.
8. HOURS OF OPERATION (RETAIL): Maximum hours of operation for non - alcoholic retail
sales are Monday through Friday, 9:00 a.m. to 9:00 p.m.; Saturday, 10:00 a.m. to 9:00 p.m.;
and Sundays, 11:00 a.m. to 7:00 p.m.
9. HOURS OF OPERATION (WINEBAR): Maximum hours of operation for the winebar and on
or offsite sales of beer and or wine are Monday through Saturday, 12:00 p.m. to 9:00 p.m.; and
Sundays, 12:00 p.m. to 7:00 p.m.
10. CLASSES /SPECIAL EVENTS: No more than two events /classes may be provided per month.
No more than 20 attendees shall be permitted at these events/classes. The events/classes shall
be held during the approved operating hours but the retail and winebar are to be closed during
scheduled events.
11. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
12. 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.
13. 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.
EXHIBIT A
14. 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.
15. 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.
16. 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.
17. 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
18. 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.
19. 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.
20. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
21. 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 to
the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then confirmed by Town staff.
22. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Mami Moseley (408) 354 -6802
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:
23. 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.
24. 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.
25. 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.
26. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
27. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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