Attachment 3RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT
TO ALLOW ON-SITE BEER AND WINE SERVICE
ON PROPERTY ZONED CH:PD
APN: 529-65-028
CONDITIONAL USE PERMIT APPLICATION: U-17-001
PROPERTY LOCATION: 681 BLOSSOM HILL, SUITE 100
PROPERTY OWNER: LINDA LESTER TRUST
APPLICANT: LING HULLON
‘
WHEREAS, the applicant requests approval for a modification to an existing Conditional
Use Permit (CUP) to allow on-site beer and wine service on property zoned CH:PD; and
WHEREAS, on April 26, 2017 the Planning Commission considered CUP application, U-
17-001, to modify an existing CUP on property zoned CH:PD; and
WHEREAS, the Planning Commission recommended approval of the request subject to
Conditions of Approval, finding that the proposed use of the property is essential or desirable
to the public convenience in that it will provide dining options for residents and visitors of the
Town; the proposed use will not impair the integrity and character of the zone in that the
proposed use is a commercial use in a commercial zone; the proposed use will not be
detrimental to public health, safety, or general welfare as the conditions regarding operating
hours, seating, and alcohol service would 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 and as discussed within the April 26, 2017, Planning Commission
staff report; and
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 3
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 6, 2017; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The 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
its meeting on June 6, 2017, along with any and all subsequent reports and materials prepared
concerning this application; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A; and
WHEREAS, Council finds as follows:
A. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town; and
B. Pursuant to Town Code section 29.20.190:
1.The proposed use is desirable to the public convenience and welfare in that it
will provide dining options for residents and visitors of the Town; and
2.The proposed use will not impair the integrity and character of the zone, in that
the proposed use is a commercial use in a commercial zone; and
3.The proposed use will not be detrimental to public health, safety, or general
welfare as the conditions regarding operating hours, seating, and alcohol service
would mitigate potential impacts; and
4.The proposed use is in harmony with the General Plan and Town Code.
NOW, THEREFORE, BE IT RESOLVED:
1.The requested modification to the existing CUP to allow on-site beer and wine
service is approved.
2.The Conditions of Approval attached hereto as Exhibit A are hereby adopted.
3. 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 and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of June, 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN COUNCIL –June 6, 2017
CONDITIONS OF APPROVAL
681 Blossom Hill Road, Suite 100
Conditional Use Permit Application U-17-001
Requesting approval of a modification of an existing Conditional Use Permit (Firenza
Pizza) to allow on-site beer and wine service on property zoned CH:PD. APN 529-65-
028.
PROPERTY OWNER: Linda Lester Trust
APPLICANT: Ling Hullon
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 and in substantial compliance with the plans approved and noted as
received on January 13, 2015. Any changes or modifications made to the approved plans
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 (March 11, 2017) 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: This approval is for a high-turnover, sit-down restaurant, and is restricted to the
areas shown on the approved plans. Any change in the type of business requires
modification of the Conditional Use Permit.
5.HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 10:00 p.m., daily.
6.SEATS: The maximum number of indoor seats is 30. No outdoor seating is permitted.
7.ALCOHOL SERVICE: No alcohol service is permitted. No beer or wine shall be served
without meal service. All alcohol service shall cease no later than 10:00 p.m.
8.LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and
policies, as amended.
9.RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever such a
product is available.
10.DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not be
made from Blossom Hill Road or Los Gatos Boulevard.
11.ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of
Santa Clara Department of Environmental Health for review prior to commencement of
use. The applicant shall provide a copy of the approval from the County of Santa Clara
Department of Environmental Health prior to commencing business or prior to issuance of
building permits.
EXHIBIT A
12.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.
13.TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the
Sandy Lane Trash Management Plan prepared by American Trash Management on
December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and
waste volumes change within the commercial center.
14.EXTERIOR MAINTENACE: Exterior maintenance by employees shall not occur between the
hours of 10:00 p.m. and 8:00 a.m.
15.WINDOWS ALONG BLOSSOM HILL ROAD ELEVATION: The windows along the Blossom Hill
Road building elevation shall remain unobstructed, unblocked and un-tinted. Windows
are to be free and clear of all stacked materials.
16.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.
17.CONSTRUCTION MANAGEMENT PLAN: A construction management plan is required.
18.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.
19.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.
20.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.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
21.GENERAL: The restaurant is subject to the following:
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.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.
c.All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association.
d.All licensed operators shall have and shall actively promote a designated driver
program such as complimentary non-alcoholic beverages for designated drivers.
e.Taxicab telephone numbers shall be posted in a visible location.
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