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1993-038-Approving An Appeal Of A Decision Of The Planning Commission-Action Extends The Hours Of Serving Beer And Wine Inside The Restaurant And Denies The Request To Serve Beer OutsideRESOLUTION 1993 -38 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION - COUNCIL ACTION EXTENDS THE HOURS OF SERVING BEER AND WINE INSIDE THE RESTAURANT AND DENIES THE REQUEST TO SERVE BEER AND WINE IN THE OUTDOOR SEATING AREA ON PROPERTY IN THE C -1 ZONE, CONDITIONAL USE PERMIT APPLICATION U- 83 -27C (PROPERTY LOCATED AT 220 EAST MAIN STREET /PROPERTY OWNER EVA OGILVIE /APPELLANTS, TOD R. LIKINS AND TED SIMONSON) WHEREAS: A. The applicant, Eva Ogilvie, requested modification of a conditional use permit to allow the serving of beer and wine with meals for the inside and outside seating areas and to extend the hours for serving beer and wine (Conditional Use Permit Application U- 83-27C); B. On January 22, 1993, the Development Review Committee recommended that the Planning Commission make the required findings and approve a modification of the applicants' request and deny the recommendation of the Police Chief that the entire application be denied due to the close proximity of the high school; and C. The Development Review Committee modified the serving of beer and wine with meals from 11 a.m. to 10 p.m. for the inside seating and from 5 p.m. to 10 p.m. for the outside seating with the justification being that the outside seating is basically used in the summer months when school is not in session and students would be out of school by 5 p.m.; and D. On January 27, 1993, the Planning Commission approved the application subject to the conditions recommended by the Development Review Committee and did not incorporate any of the conditions recommended by the Police Department; and E. On February 1 and 3, 1993, an appeal of the Planning Commission's decision was filed by the superintendent of the Los Gatos- Saratoga Joint Union High School District and the principal of Los Gatos High School because the conditions recommended by the Police Chief were not imposed; and F. The Town Council held a public hearing on March 1, 1993. RESOLVED: A. The Town Council hereby finds that the Planning Commission erred in its approval of Conditional Use Permit Application U- 83 -27C in approving the sale or use of alcoholic beverages outside the restaurant based upon the following findings: 1. The area in which the outdoor sale and use of alcoholic beverages would occur is located in front of the restaurant building near East Main Street and there is an ease of access and view to minors because of the restaurant's location immediately across the street from Los Gatos High School. 2. The Town policy with regard to the outdoor sale and use of alcoholic beverages at other restaurants is that a wall be placed around the area in which the sale or use occurs. This property is located in a C -1 zone which does not allow for the construction of a wall exceeding 3 feet in the front setback area. Thus the wall normally required for outdoor sale and use at other restaurants could not be constructed in this location for this restaurant. 3. Other restaurants located in the vicinity of this restaurant are not allowed to sell or use alcoholic beverages outdoors. B. The Town Council hereby finds that the Planning Commission did not err in its approval of Conditional Use Permit Application U -83 -27C of the sale or use of alcoholic beverage inside the restaurant between the hours of 11 a.m. and 10 p.m. is based upon the following findings: 1. The proposed use of the property is desirable to the public convenience and welfare in that it offers another dining establishment in Los Gatos that is an upscale restaurant offering a different type of cooking and is located on a part of East Main Street that the Town wishes to see developed as a part of the commercial revitalization. 2. The proposed use will not impair the integrity and character of the zone because C -1 zone allows the sale and use of alcoholic beverages in a restaurant. 3. The proposed use is not detrimental to the public health safety or general welfare because it provides a place for the public to go for fine dining. 2 4. The proposed use is in harmony within the general plan in that this type of use is available in the C -1 zone and at that East Main Street location. C. The application is approved with the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. The seating capacity is restricted to a total of 46 of which no more than 16 may be outdoors. 2. Hours of operation are restricted from 11:00 am to 10:00 pm seven days a week. 3. The area in and around the outdoor seating area shall be maintained daily and kept free of litter and debris for a distance of at least 500 feet along Main Street on each side of the restaurant. 4. Beer and wine may be served only with meals between the hours of 11 am to 10 pm for the customers seated inside the restaurant. The service of alcoholic beverages is prohibited in the outside eating area. 5. Beer and wine may be served only from behind the counter. 6. All meals served on -site shall be on re- usable utensils. 7. Any take -out food shall be served in recyclable containers. TO THE SATISFACTION OF THE CHIEF OF POLICE: S. Alcoholic beverages shall be limited to beer and wine and may only be served with meals. Chips and appetizers are not considered meals. 9. Six months from the date of occupancy, the operator shall hold a meeting with representatives from Alcohol Beverage Control or the Los Gatos Police Department for the purpose of employee training on licensed service of alcoholic beverage to the general public. If it is determined that there are problems connected with the service of alcoholic beverages, they must be resolved within a time frame acceptable to the Police Chief. 10. Uniformed Private Security Guards may be required in or around the premises by the Chief of Police if a need has been determined and the problems are not resolved by the licensed operator. 3 11. This permit shall be subject to annual review by the Town Police Department. If it is determined that the sale of alcohol is a nuisance, the permit shall be subject to reevaluation by the Planning Commission. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of March, 1993 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Patrick O'Laughlin Mayor Joanne Benjamin NAYS: Linda Lubeck ABSENT: None ABSTAIN: None SIGNED: YOR OF THE TO OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: U CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1!