1996-024-Deny A Request To Amend The Zoning Code Permit Commercial Recreation In The LM Zone For Permissions To Operate A Bocce ball Facility And For Permission To Rehabilitate And Reconstruct And Existing Industrial Building In The LM ZoneRESOLUTION 1996 - 24
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO
AMEND THE ZONING CODE TO PERMIT COMMERCIAL RECREATION IN THE
LM ZONE, FOR PERMISSION TO OPERATE A BOCCE BALL FACILITY AND FOR
PERMISSION TO REHABILITATE AND RECONSTRUCT AN EXISTING INDUSTRIAL
BUILDING IN THE LM ZONE, WITH CONDITIONS;
ZONING ORDINANCE AMENDMENT A -95 -2;
CONDITIONAL USE PERMIT APPLICATION U- 95 -26;
ARCHITECTURE AND SITE APPLICATION S -95 -73
(PROPERTY ADDRESS: 565 UNIVERSITY AVENUE
PROPERTY OWNERS AND APPELLANTS: THOMAS AND MAUREEN ALBANESE)
WHEREAS:
A. This matter came before the Council for public hearing on February 20, 1996, on
an appeal by the applicant from a decision of the Planning Connnission and was regularly noticed
in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and
property owners and all interested persons who wished to testify or submit documents. The
Council considered all testimony and materials submitted, including the record and
recommendation of the Planning Commission proceedings and the packet attached to the Council
Agenda Reports dated February 6 and February 20, 1996, concerning this application.
C. The Town of Los Gatos Policy Regulating the Consumption and Service of
Alcoholic Beverages adopted by Resolution 1994 -29 vests in the Town Council the discretion to
determine whether service of alcoholic beverages beyond 10 p.m. should be allowed and under
what conditions.
D. The Planning Commission and the Historic Preservation Committee did an excellent
job of reviewing and making recommendations regarding this application.
E. A bocce ball facility as a commercial recreation facility is appropriate and
consistent with other conditional uses that may be permitted in the LM Zone under the existing
Zoning Code.
F. The proposed zoning amendment is consistent with the General Plan, the
Downtown Specific Plan, the Town of Los Gatos Redevelopment Agency Plan for the Central Los
Gatos Redevelopment Project, and the purposes of the Town Zoning Code in that it will allow a
use consistent with the existing zone and its service, commercial, and industrial uses, permit the
restoration and operation of an existing structure and historic building, and enhance the
commercial vitality of the area while not detracting from the adjacent neighborhood.
G. The building within which the bocce ball facility would be located was built before
1941 and is therefore considered historic for purposes of reviewing proposed alterations and
removal of siding.
H. The proposed conditional use permit is appropriate and consistent with the General
Plan, the Downtown Specific Plan, and the Town of Los Gatos Redevelopment Agency Plan for
the Central Los Gatos Redevelopment Project, and the purposes of the Town Zoning Code in that
it will allow a use consistent with the existing zone and service, commercial, and industrial uses,
permit the restoration and operation of an existing structure and historic building, permit a good
community use, is consistent with other similar uses allowed in an LM zone, and enhance the
commercial vitality of the area while not detracting from the adjacent neighborhood.
I. Permitting the service of alcoholic beverages to 11 p.m. on Fridays and Saturdays
is acceptable in this particular instance because pursuant to the Town's Policy Regulating the
Consumption and Service of Alcoholic Beverages:
i. Limited late night service will not adversely affect adjacent residential
neighborhoods because the proposed use is located in a commercial district, the service
is integrated into the overall facility use, and the conditions imposed by the approval, the
Chief of Police, and the Noise Ordinance will adequately protect the residential
neighborhoods.
ii. Applicants do not have a history of complaints or noncompliance with local
ordinances.
iii. Applicants have demonstrated a benefit to the community in that this application
with refurbish an historic building and provide a viable community use.
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J. The record before the Council does not demonstrate whether corrugated metal
siding was the original siding on the building or instead wood siding was originally used, and
placing wood siding on the renovated building will not destroy the historic nature of the building.
I. The Planning Commission did not have the discretion to amend the Zoning Code
nor to allow service of alcohol past 10 p.m. Only the Council has that authority.
J. The proposed use will preserve the structure in its historic location while providing
a community recreational facility, and it is understood that the appellants will provide the required
setbacks for the parking areas.
K. The proposed use will be automatically submitted to the Development Review
Committee for review for conformity to the conditions imposed and effect on the adjacent
neighborhood twelve (12) months after the issuance of the certificate of occupancy, and this
review will be subject to appeal by any interested person as provided in the Zoning Code or Gall-
up without prejudice by any Councilmember or Planning Commissioner.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Zoning Ordinance
Amendment A -95 -2, Conditional Use Permit Application U- 95 -26, and Architecture and Site
Application S -95 -73 is granted, and the applications for permission to operate a bocce ball facility
and to rehabilitate and reconstruct where necessary an existing industrial building in the LM Zone
are approved subject to the provisions of the Town Code, this resolution, and the conditions
specified in Exhibit A hereto.
2. The Categorical Exemption for this approval pursuant to Sections 15301 and
15061(b)(3) of the State CEQA Guidelines is approved.
3. This decision does not and shall not constitute any precedent for any expansion of
permitted or conditional uses in the LM Zone, nor for the alteration of any historic structure in
the Town, nor for permitting service of alcohol beyond 10 p.m. in the Downtown or anywhere
else in the Town, and the Town Council shall continue to examine all such requests on a specific
site, design, and historic use basis under the Town Code and Town policies.
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This decision as to the Conditional Use Permit and Architecture and Site Applications
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 4th day of March, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT APPLICATION U -95 -26 AND
ARCHITECTURE AND SITE APPLICATION S -95 -73
(BOCCE BALL FACILITY AT 565 UNIVERSITY AVENUE)
TO THE SATISFACTION OF THE PLANNING DIRECTOR
(Planning Section)
1. Approval of these applications is subject to Town Code Amendment A -95 -2 as adopted by
Town Ordinance becoming effective.
2. All conditions of this application shall be printed on the cover sheet of the building permit
plans.
3. Maximum hours of operation shall be 10 a.m. to 11 p.m. Sunday through Thursday and
from 10 am to midnight Friday and Saturday.
4. The service of alcoholic beverages shall not be permitted after 10 P.M. Sunday through
Thursday, and shall not be permitted after 11 P.M. Fridays and Saturdays.
5. Maximum number of indoor seats which will be available for patrons of the food service
or waiting to play bocce is 25. Maximum number of outside seats for the same purpose
is 45.
6. The snack bar shall not be advertised as a separate restaurant and shall be incorporated as
part of the Bocce Ball operation.
7. Alcoholic beverages may only be served with meals and is permitted for inside and outside
seating. 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.
8. The tenant shall monitor the outside seating area and dispose any litter which is in the
vicinity.
9. A tree removal permit shall be obtained prior to the issuance of a Building Permit
10. The windows on the east elevation shall be retained in the original configuration (three
over three).
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11. The exterior shall be sided with wood siding as proposed by the applicants.
12. New fixed windows at the existing storefront as shown on plans are acceptable. It is also
acceptable if the light pattern is changed to be compatible with the three over three
window pattern.
13. All mechanical equipment shall be screened.
14. A six foot high fence or wall shall enclose the outside court and seating area.
15. The required front setback along University Avenue shall be a minimum of 25 feet from
the property line. The minimum side setback along Andrews Street shall be 15 feet from
the property line with a minimum landscape buffer width of 12 feet (includes two foot
overhang for vehicle parking). The minimum landscape buffer width along Industrial
Road shall be seven feet (includes two foot overhang for vehicle parking). A sidewalk
along Industrial Road is not required. These dimensions shall be shown on the building
permit plans.
16. The parking spaces along University Avenue and Andrews Street shall be screened. The
design of the screening shall be approved by this department prior to the approval of a
building permit.
17. Details of the masonry wall shall be submitted and approved by this department prior to
approval of a building permit.
(Engineering Section)
18. A well information questionnaire (available through the Counter Technician) shall be
completed.
19. A Certificate of Merger shall be recorded, creating one parcel, prior to the issuance of a
building permit.
20. A legal description and 8 -1/2" X 11" plat, prepared by a person legally qualified to do so,
shall be provided.
21. The following shall be dedicated:
Andrews Avenue: Five foot Sidewalk and Public Service Easements, as required.
22. Provide all documents and fees, as applicable, before the Certificate of Lot Merger is
recorded.
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23. All requirements of the County Health Department and West Valley Sanitation District
shall be met regarding the interception, separation, or pretreatment of effluent from the
restaurant.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES
24. California Title 24 Energy Compliance forms shall be blue lined on the construction plans.
The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
25. On site parking facility shall comply with the latest California Title 24 Accessibility
Standards for disabled.
26. On site general path of travel shall comply with the latest California Title 24 Accessibility
Standards for disabled. Work shall include but not limit to have accessibility to building
entrances from parking facilities and sidewalks.
27. The building shall be upgraded to comply with the latest California Title 24 Accessibility
Standards for disabled. Necessary work shall be first investigated by the design architect
then confirmed by the Town staff.
28. The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program
specification sheet shall be part of plan submittal. The specification sheet (Size 24" X 36 ")
is available at the Building Department service counter.
29. Replace any sections of curb, gutter and sidewalk that are currently broken or raised, or
any sections damaged during construction, along the frontage of this property.
30. Handicapped ramps at University Avenue /Andrews Avenue and Andrews
Avenue /Industrial Road shall be replaced with ramps that meet current A.D.A.
requirements.
31. All work in the public right -of -way will require a Construction Encroachment Permit. All
work over $5,000 will require construction security.
32. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by
the Town of Los Gatos before they are used or reused.
33. Install a sanitary sewer lateral clean -out at the property line.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES
34. The proposed Olive trees shall be changed to Town approved trees.
35. All impervious surfaces encroaching under the dripline of existing trees shall have aeration
tubes installed.
36. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special
care shall be taken to avoid irrigation which will endanger the existing native trees.
37. Newly planted trees shall be double staked using rubber tree ties and shall be planted prior
to final occupancy.
38. Prior to any building permits being issued, the applicant shall meet with the Parks
Superintendent concerning the need for protective tree fencing around the existing trees.
Such fencing shall be installed prior to and be maintained during construction.
39. All existing and newly planted trees shown on the plan are specific subjects of approval
and must remain on site.
40. This project is subject to the Town's Water Efficient Landscaping Ordinance as per
Chapter 26, Article IV of the Town Code. A fee as established by current Council
resolution is required when the landscape, irrigation plans and water calculations are
submitted for review. Review and approval of these plans shall be completed prior to final
occupancy.
TO THE SATISFACTION OF THE POLICE CHIEF
41. A restaurant employee shall seat patrons in the outside dining area.
42. Uniformed privately provided security guards may be required in or around the premises
if alcohol related problems recur that are not resolved by the licensed owner.
43. 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.
44. The establishment shall use an employee training manual that addresses alcoholic beverage
service consistent with the standards of the California Restaurant Association.
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45. The licensed operator of the establishment shall have and shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
46. Taxicab telephone numbers shall be posted in a visible location.
47. Alcoholic beverage service in the outdoor seating area shall have adequate separation from
public areas.
48. A physical delineation in the form of landscaping or planters is required to separate public
and private property. The height of the separation shall be a minimum of three feet. The
separation shall be designed to prevent passing or carrying alcoholic beverages outside the
restaurant seating area. The separation shall clearly suggest that alcohol is not permitted
outside the restaurant seating area.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
49. Prior to issuance of building permit provide a plan in greater detail as to the layout of the
raised seating areas inside the facility and outdoor seating areas. All exits shall conform
with CBC Chapter 33 for a Group A, Division 2.1 Occupancy until such time as clarifying
information is provided.
50. Augment existing automatic fire sprinkler system as may be required. Provide a five year
inspection certificate.
51. The snack bar shall be provided with an automatic fire extinguishing system for the
cooking appliances as may be required. Approved portable fire extinguishers shall also
be provided.
52. An approved manual and automatic fire alarm with an approved voice notification system
may be required depending on the seating count.
53. Provide proper exit signs and emergency lighting.
54. The outdoor trellis above the barbecue shall be of non - combustible construction.
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