2006-072-Approving The Request To Modify A Conditional Use Permit To Change The Hours Of Operation And Allow Special Events, A Delicatessen, Off-Site Beer And Wine Sales, And Wine Tasting On Property Zoned C-2RESOLUTION 2006 - 072
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO
CHANGE THE HOURS OF OPERATION AND ALLOW SPECIAL EVENTS, A
DELICATESSEN, OFF -SITE BEER AND WINE SALES, AND WINE TASTING ON
PROPERTY ZONED C -2.
APN: 529 -01 -025
CONDITIONAL USE PERMIT: U -06 -12
PROPERTY LOCATION: 91, 101 AND 109 W. MAIN STREET
PROPERTY OWNER: SUE FARWELL
APPLICANT: TERI HOPE
WHEREAS:
1. This matter came before Council for public hearing on June 5, 2006.
2. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted.
The Los Gatos Coffee Roasting Company is located at 109 W. Main Street (Store
A), 101 W. Main Street (Store B), and 91 W. Main Street (Store C). Store A was granted
a Conditional Use Permit (CUP) on March 12, 1997, which allowed for a Creperie and
no additional seating. This CUP is now expired and the store is used by The Los Gatos
Coffee Roasting Company as retail space. Store B currently operates under a CUP
approved on July 10, 1986 allowing for a restaurant with a maximum of 16 seats. Store
C currently operates under a CUP approved on July 23, 1986 allowing the previously
approved restaurant to expand into 91 W. Main Street and for the addition of 36 seats. In
all, the Los Gatos Coffee Roasting Company is currently allowed a maximum of 52 seats.
4. The approved hours of operation for the Los Gatos Coffee Roasting Company are
as follows: 7:30AM to 6:OOPM Monday through Wednesday; 7:30AM to 10:30PM
Thursday through Saturday; and 9:30AM to 6:OOPM Sundays.
5. Applicant seeks approval to modify its CUP to allow for the operation of a
gourmet grocery store and full service delicatessen counter offering sandwiches made to
order, bulk meats, cheeses, and other deli items, in its Store A location.
6. Applicant seeks approval to modify its CUP to allow for the sale of off -site beer
and wine and for wine tasting. Applicant intends to require patrons to pay for one ounce
wine tastes in accordance with Alcohol Beverage Control (ABC) requirements, and to
offer pre - packaged snacks. Applicant also intends to require that patrons be served a
lunch or dinner meal before being served alcoholic beverages, as required by the Town's
Alcohol Policy. Alcohol service would also be restricted during special events held at
the Los Gatos Coffee Roasting Company. Special events include events for individuals
under 21 years of age, poetry and music weekend evening events, community meetings,
and the Los Gatos Coffee Roasting Company's annual events.
The applicant also seeks approval to modify its CUP to change the hours of
operation. The desired hours of operation are 6:OOAM to 10:00PM seven days a week.
The wine bar would close at 9:30PM seven days a week.
8. Town Council finds as follows:
a. Pursuant to Town Code section 29.20.190, the proposed use of the
property 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. Evidence in the record demonstrates that the proposed modification to
`A
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the CUP would encourage (1) economic and social activity consistent with a small- scale,
small town atmosphere and image, (2) the development and retention of locally -owned
stores and shops, (3) the preservation of downtown Los Gatos as the historic center of the
Town with goods and services for local residents while maintaining the existing Town
identity, environment and commercial viability, (4) the development of a new image and
market in the Town as the gateway to the Santa Cruz Mountains wine region, and (5) the
provision of a new, attractive and well managed night time gathering place in downtown
Los Gatos for local youth.
b. The project is categorically exempt from environmental review pursuant
to Section 15301 of the State Environmental Guidelines as adopted by the Town.
The proposed use is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff
report prepared for the public hearing on June 5, 2006.
RESOLVED:
A. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as
the Conditions of Approval of this permit.
B. The decision constitutes a final administrative decision pursuant to California
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
California Code of Civil Procedure section 1094.6, or such shorter time as required by
state or federal law.
I,—
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California held on 19'h day of June 2006 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt.
ABSENT: None
ABSTAIN: None
SIGNED:
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 FOR:
91,101 and 109 W. Main Street
Conditional Use Permit U -06 -12
Requesting approval to modify a conditional use permit to change the hours of operation,
allow special events, deli, off and on- site beer and wine sales and wine bar on property zoned
C -2. APN 529 -01 -025.
PROPERTY OWNER: Sue Farwell
APPLICANT: Teri Hope
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
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 and noted as
Exhibit L in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission, depending on the scope of the changes.
2. 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.
3. USE: The approved use is a coffee shop - restaurant, delicatessen, wine bar, and specialty retail.
Store A contains the wine bar, deli counter, off -site sales of wine, and specialty grocery/coffee
retail uses. Stores B and C contain the espresso bar and coffee shop uses. The use shall be
consistent with the description contained in the letter from Teri Hope dated April 21, 2006,
attached and incorporated herein as Exhibit A.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 52
seats and 6 seats on the outdoor benches in front of Store B and C. No additional seats will be
allowed outside of restaurant.
5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m.
to 10:00 p.m. seven days a week. The wine service bar will operate from 11:00 a.m. to 9:30 p.m.
during normal business hours. Wine bar service not permitted during the following special
events: Under 21 Events, Poetry/Music Weekend Events, and Community Meetings.
6. ALCOHOL SERVICE: Alcohol service shall be consistent with the description contained in the
letter from Teri Hope dated June 1, 2006, attached and incorporated herein as Exhibit B. The
service of wine by the glass for the restaurant is permitted only with meals. 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.
7. WINE TASTING: Wine tasting is permitted at the wine bar located at the front of Store A as
shown on Exhibit L of the report to Planning Commission. No seats are permitted at the wine
bar. The maximum sample size for the wine tasting shall not exceed one ounce. Packaged
snacks may be served as part of the wine tasting.
8. SECURABLE BARRIER. The applicant must install a securable barrier between Store `A' and
Store B as show on Exhibit L to the satisfaction of the Community Development Director. The
barrier must be secured during all special events that do not permit the service of alcohol.
9. LIVE ENTERTAINMENT: No live entertainment shall be provided during the service of
alcohol.
Conditions of Approval
91, 101 and 109 W. Main Street
Conditional Use Permit U -06 -12
Page 2
10. SPECIAL EVENTS.
Condition
Special Event
Event Type
A maximum of 12 events per year.
Events for individuals under
Amplified music and open microphone.
21
Alcohol not permitted during hours of
scheduled youth group events. Adult
IOa.
supervision provided for each under
21 event. Amplified music shall not go past
9:30 PM Sunday through Thursday.
Amplified music shall not go past 10 PM
Friday and Saturdays. Under 21 events shall
not go past I IPM.
A maximum of 10 events per year. One
Poetry/Music Weekend
event per month scheduled on a weekend
10b.
Evening Events
evening. Poetry and amplified music.
Alcohol service not permitted during hours
of weekend events. Music shall end at 9:30
PM.
Weekly community meetings (including the
Los Gatos Art Association Board, co -op
I Oc.
Community Meetings
nude figure drawing group, and wine
appreciation lecture group) held within non -
business hours. Music, alcohol, and food
service not permitted. Events will not go
past 10 PM.
Two Los Gatos Roasting Company events
10d.
Los Gatos Roasting Company
per year, by invitation only. Amplified
Annual Events
music and alcohol permitted. Music shall
end at 9:30 PM.
11. WINDOW CURTAINS. Opaque window curtains must be placed in all storefront windows
during nude figure drawing classes.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING:
12. TRAFFIC IMPACT MITIGATION FEE. A traffic mitigation fee shall be paid for an
Conditions of Approval
91, 101 and 109 W. Main Street
Conditional Use Permit U -06 -12
Page 3
additional 126 ADT prior to the issuance of a Certificate of Use and Occupancy. $13,008.96
shall be paid within 30 -days of Town Council approval of the CUP.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13. 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.
14. 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.
15. 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.
16. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
17. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
WAMW Coffee Roasting Company \LG Roasting Co. Conditions of Approval.wpd