1994-043-Denial Of Application For Permission To Extend Operating Hours For A Restaurant And Bar In The C-2 ZoneRESOLUTION 1994 -43
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION
DENIAL OF APPLICATION FOR PERMISSION TO EXTEND OPERATING
HOURS FOR A RESTAURANT AND BAR IN THE C -2 ZONE;
CONDITIONAL USE PERMIT APPLICATION U- 77 -24E
(PROPERTY ADDRESS 130 -G N. SANTA CRUZ AVENUE /PROPERTY
OWNER: VARGO PROPERTIES /APPLICANT: LOS GATOS BREWING COMPANY)
RESOLVED BY THE TOWN COUNCIL:
WHEREAS, Town Code § 29.20.200 allows the Town to approve modifications to
a conditional use permit when the modifications are consistent with the existing conditional
use permit, and
WHEREAS, the Applicant has requested the Town to allow an extension of hours
on various days of the week, and
WHEREAS, the Town Council has approved a Town -wide Policy Regulating the
Service and Consumption of Alcoholic Beverages, and
WHEREAS, at a duly noticed public hearing, the Council received testimony and
written submittals from a number of neighbors as well as the Applicant, and the Council
has considered the recommendations and discussions of the Development Review
Committee and the Planning Commission, and
WHEREAS, the Applicant has withdrawn its request to remain open past 11 p.m.
on Thursday night, and
WHEREAS, the extension of the hours will not adversely affect the neighborhood
or the Town in that the Applicant has demonstrated that it is able to be a good neighbor,
and
WHEREAS, there is no record of complaints regarding the current use of the
property, and
WHEREAS, the community will benefit from the current use serving as an example
of how such a use can be operated in a way that does not adversely affect the Town or the
neighborhood, and the employment of security guards around the premises as required by
this approval will increase the safety of both the patrons and the public, particularly in
Parking Lot Nos. 2, 3, and 4, and
WHEREAS, the neighbors of this use are generally supportive of the extension of
hours as set out in Exhibit A hereto, and
WHEREAS, the Planning Commission erred in that the Commission did not, and
could not, have before it the revised policy regarding alcohol service and consumption, and
therefore could not balance the extension of hours with the imposition of operating
conditions,
NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS:
1. The appeal of the Applicant from the Planning Commission decision to deny
its request for an extension of hours is granted as set forth below.
2. Applicant will be permitted to extend its operating hours in conformance with
the terms and conditions set out in Exhibit A hereto. Except as expressly modified by the
terms of this Resolution, all other conditions imposed on the use under U- 77 -24E shall
remain in effect.
3. This decision does not and shall not establish any precedent for permitting
extension of operating hours, and the Town shall continue to examine each such request
on a specific operation and location basis under the Town Code and Policy.
4. The Town of Los Gatos has adopted the provisions of Code of Civil
Procedure § 1094.6, so any challenge to this decision of the Council must be filed in a court
of appropriate jurisdiction no more than ninety (90) days from the date of adoption of this
Resolution unless a shorter time is required by State 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 March, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
MAYOR O
LOS GATC
� 1
C
CLERK OF THE TOWN of LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN OF/LOS GATOS
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT APPLICATION U- 77 -24E
PROPERTY ADDRESS: 130 -G NORTH SANTA CRUZ AVENUE
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Maximum seating in the restaurant and bar shall not exceed 213.
2. Maximum seating in the bar area shall not exceed 50.
3. Beer and wine may be served in the dining area in association with meal service
only.
4. This approval includes a separate bar and beer and wine license for on -site
consumption. Sale of beer and wine for off -site consumption is prohibited.
5. Hours of operation are limited to:
Monday through Thursday 11 AM to 11 PM
Friday 11 AM to 1 AM
Saturday 10 AM to 1 AM
Sunday 10 AM to 11 PM
6. Meal service in the dining area shall be available until closing, or 11 PM Sunday
through Thursday, and until 12 midnight Friday, Saturday, holidays and evenings
before holidays, whichever is earlier, if late night alcoholic beverage service is
available.
7. There shall be no live entertainment unless an approved permit process is adopted
by Council and a permit has been obtained.
8. Solid brewery waste products shall be stored within the building in sealed, air -tight
containers and removed within 24 hours of the time the waste products are
generated. Such containers shall be cleaned after each use with the residue trapped
and discharged to the sanitary sewer.
9. Should sanitary sewer discharges from the facility be increased above average levels,
the brewery operator shall contact the Regional Water Quality Control Plant for
disposal instructions, prior to disposal.
ATNY020 \CVCLRPTS \LGBREWIVG.RES EXHIBIT A
10. If it is determined that noise emitted form the brewery equipment exceeds ambient
noise levels as established by Town Code, the Town will require the applicant to
implement necessary insulation or noise mufflers as needed to abate any violations
of the noise ordinance.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11. 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. Non - uniformed, privately provided security guards will be required in and
around the premises during the following hours:
11 PM each Friday night to 1:15 AM on the following Saturday morning
and
11 PM each Saturday night to 1:15 AM on the following Sunday morning
12. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Los Gatos Police Department for on -going employee
training on alcoholic beverage service to the general public.
13. An employee training manual that addresses alcoholic beverage service consistent
with the standards of the California Restaurant Association shall be provided to all
employees.
14. This establishment shall have and actively promote a designated driver program such
as complementary non - alcoholic beverages for designated drivers.
15. Taxicab telephone numbers shall be posted in a visible location.
16. On Saturdays and Sundays, no alcoholic beverages shall be served other than with
meals between the hours of 10 AM and 11 AM.
17. The bar shall remain closed until 11 AM.
ATNY020 \CNCLRP'PS \LGBREWING.RES EXHIBIT A
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