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Staff Report PREPARED BY: Levi Hill Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 06/06/2017 ITEM NO: 13 DATE: JUNE 1, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-17-001. PROJECT LOCATION: 681 BLOSSOM HILL ROAD, SUITE 100. PROPERTY OWNER: LINDA LESTER TRUST. APPLICANT: LING HULLON. CONSIDER A REQUEST FOR 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. RECOMMENDATION: Adopt a resolution (Attachment 3) approving a request to modify an existing Conditional Use Permit for 681 Blossom Hill Road, Suite 100 (Firenza Pizza) to allow on-site beer and wine service. BACKGROUND: The applicant is requesting a modification to the existing Conditional Use Permit (CUP) for Firenza Pizza (Attachment 1, Exhibit 4). Currently, the restaurant’s conditions of approval do not permit the service of alcohol. The applicant is requesting the following:  Removal of the condition which restricts alcohol sales and service and  Addition of a condition which allows on-site beer and wine service. On April 26, 2017, the Planning Commission held a public hearing and recommended approval of the application. In accordance with the Town Code, the Council is the final deciding body for any new request for alcohol service. PAGE 2 OF 3 SUBJECT: 681 BLOSSOM HILL ROAD, SUITE 100/U-17-001 DATE: JUNE 1, 2017 S:\COUNCIL REPORTS\2017\06-06-17\13 - Firenza Pizza\Staff Report Final.docx 6/1/2017 4:02 PM SLL DISCUSSION: A. Project Summary The applicant is requesting a modification to the existing CUP, which currently prohibits the service of alcohol. The applicant is proposing the service of beer and wine with the purchase of a qualified meal pursuant to the Town’s Alcoholic Beverage Policy (see Attachment 1, Exhibit 8). The applicant has provided a project description (see Attachment 1, Exhibit 5) and additional operational information (see Attachment 1, Exhibit 6) detailing the proposed operations and compliance with the To wn’s Alcoholic Beverage Policy. All beer and wine sales and service would cease by 10:00 p.m. B. Planning Commission On April 26, 2017, the Planning Commission considered the application, received public comment, and recommended approval of the application subject to conditions (see Attachment 3, Exhibit A). Attachment 2 contains the verbatim minutes. CONCLUSION: It is recommended that the Town Council adopt a Resolution approving the request to modify an existing CUP to allow on-site beer and wine service subject to the recommended conditions of approval. ALTERNATIVES: Alternatively, the Council may: 1. Adopt a Resolution to approve the application subject to modified or additional conditions of approval (Attachment 3, Exhibit A); or 2. Adopt a Resolution to remand the application to the Planning Commission with specific direction (Attachment 4); or 3. Adopt a Resolution to deny the Conditional Use Permit application (Attachment 5). COORDINATION: The evaluation of the application was coordinated with the Building Division, Economic Vitality, and the Parks and Public Works Department. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA and is Categorically Exempt (Section 15301: Existing Facilities). A Notice of Exemption will not be filed. PAGE 3 OF 3 SUBJECT: 681 BLOSSOM HILL ROAD, SUITE 100/U-17-001 DATE: JUNE 1, 2017 S:\COUNCIL REPORTS\2017\06-06-17\13 - Firenza Pizza\Staff Report Final.docx 6/1/2017 4:02 PM SLL Attachments: 1. April 26, 2017 Planning Commission Staff Report (with Exhibits 1-9) 2. April 26, 2017 Planning Commission Verbatim Minutes (17 pages) 3. Draft Resolution to Approve the project (includes Exhibit A – Conditions of Approval) 4. Draft Resolution to Remand the project to the Plannin g Commission 5. Draft Resolution to Deny the project Distribution: Ling Hullon, 1025 Windsor Street, San Jose, CA 95129 Linda L. Lester, 2425 Ric Drive, Gilroy, CA 95020