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21 College Ave- Staff Report and Exhibits 1-11 PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 03/28/2018 ITEM NO: 2 DATE: MARCH 23, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-004. PROJECT LOCATION: 21 COLLEGE AVENUE. PROPERTY OWNER: SHARI FLICK. APPLICANT: NICHOLAS DIFU. REQUESTING APPROVAL FOR A RESTAURANT WITH ALCOHOL SERVICE (NICK’S RAW BAR) ON PROPERTY ZONED C-2:LHP. APN 529-29-052. DEEMED COMPLETE: FEBRUARY 26, 2018 FINAL DATE TO TAKE ACTION: AUGUST 26, 2018 RECOMMENDATION: Forward a recommendation to Town Council for approval of the Conditional Use Permit (CUP) application. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: Central Business District with a Landmark and Historic Preservation Overlay, C-2:LHP Applicable Plans & Standards: General Plan, Alcoholic Beverage Policy Parcel Size: 41,033 square feet Surrounding Area: Existing Land Use General Plan Zoning North Commercial Central Business District C-2 South Residential Medium Density Residential R-1D East Commercial Parking Central Business District Medium Density Residential C-2 and RM:5-12 West Residential Medium Density Residential C-2 and RM:12-20 PAGE 2 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. FINDINGS:  As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing Facilities.  As required by the Town’s Alcoholic Beverage Policy.  As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit (CUP). ACTION: Forward CUP application U-18-004 to the Town Council with a recommendation of approval. BACKGROUND: The subject property is located on the southeast corner of E. Main Street and College Avenue. The current use of the building is retail (Los Gatos Cigar Club). PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located on the southeast corner of E. Main Street and College Avenue and is developed with three existing buildings. The project site is located in the southernmost building known as 21 College Avenue (Exhibit 1). The properties across E. Main Street to the north are developed with mixed use and commercial buildings and are zoned C-2. The adjacent properties to the east are developed with a hotel and a parking lot and are zoned C-2 and RM:5-12 respectively. The properties across Pageant Way to the south are developed with single-family homes and are zoned R-1D, while the properties across College Avenue to the west are developed with multi-family dwellings and zoned C-2 and RM:12-20. PAGE 3 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM B. Conditional Use Permit The applicant is requesting a CUP for a restaurant with alcohol service. When reviewing a CUP, the deciding body should consider the information in the applicant’s business plan; however, the key consideration should be the explicit proposed use since the business plan can change from owner to owner. The explicit use may be, and is often, defined in the recommended conditions of approval as a “use” condition. The CUP runs with the land, and the deciding body should review applications based on the explicit use as opposed to the applicant or the applicant’s business plan. C. Zoning Compliance The zoning for the property is C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay). Pursuant to the Table of Conditional Uses (Town Code Section 29.20.185), a restaurant use in conjunction with alcoholic beverage sales for consumption on premises is allowed with a CUP in the C-2 zone. DISCUSSION: A. Project Summary The applicant is requesting a CUP to operate a restaurant with alcoholic beverage service. The applicant is proposing the service of alcohol (beer, wine, and distilled spirits) with the purchase of a qualified meal pursuant to the Town’s Alcoholic Beverage Policy. The applicant has provided a project description (Exhibit 4) and additional operational information detailing the proposed operations and compliance with the Town’s Alcoholic Beverage Policy (Exhibit 5). All alcohol service would cease by 11:00 p.m. Monday through Thursday, 12:30 a.m. Friday and Saturday, and 10:00 p.m. on Sunday. B. Alcoholic Beverage Policy The Town’s Alcoholic Beverage Policy (ABP) requires any new service of alcoholic beverages to be reviewed by the Planning Commission (Exhibit 5). Pursuant to Town Code, the Planning Commission will make a recommendation to the Town Council and the Council has final review authority. The proposed application meets the purpose, general policies, and specific policies of the Town’s ABP. General Policy The ABP’s General Policy contains eight requirements. Requirement 1 states that the Town shall continue to strongly discourage new applications for standalone bars or restaurants with separate bars. The proposed use complies with the ABP as it is a new restaurant that does not include a separate bar where alcohol would be served without a meal. PAGE 4 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM Requirement 2 states that the Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. Furthermore, requirement 3 states that entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process are adopted. Pursuant to the Town’s Late Night Entertainment Policy (Exhibit 6), entertainment is allowed by right prior to 10:00 p.m. and late night entertainment (entertainment occurring after 10:00 p.m.) is subject to the Town’s noise ordinance and allowed with approval of a permit. The applicant is not proposing entertainment. Requirement 4 states that alcoholic beverage service for new conditional use permit applications shall not be allowed after 11:00 p.m., Sunday through Thursday, except for holidays and evenings before holidays or after 1:00 a.m., Friday, Saturday, holidays, or evenings before holidays. The applicant is not proposing alcohol sales or service beyond 11:00 p.m. Sunday through Thursday, nor beyond 12:30 a.m. Friday and Saturday. Requirement 5 states that an establishment serving alcoholic beverages is subject to the following five provisions related to alcohol service: 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. The five provisions are included as conditions of approval (Exhibit 3, Condition 5). Requirement 6 requires the deciding body to make the following findings prior to approving an application for a conditional use permit to serve alcoholic beverages past 10:00 p.m.: A. Late night service will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C. The applicant has demonstrated a clear benefit to the community. PAGE 5 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM The project site is located adjacent to residential uses across College Avenue to the west and across Pageant Way to the south. The proposed restaurant would be limited to 20 seats. Additionally, the subject building does not have doors on the elevations facing the residential uses, allowing for greater noise attenuation within the indoor space. The deciding body should consider if the distance and attenuation will prevent adverse impacts from the proposed late-night hours. The applicant owns and operates another restaurant in the Town located on the subject property (Nick’s Next Door, 11 College Avenue). With regards to complaints and noncompliance, according to the Police Department, there is some history of complaints at the applicant’s other location, primarily related to noise generated by people outside of the restaurant. However, the Police Department informed staff that these complaints were quickly resolved upon arrival or had ceased by the time the responding officer arrived. With regards to the community benefit, the applicant has included a Letter of Justification that addresses their contribution to the community (Exhibit 4). Requirement 7 defines a meal as a combination of food items selected from a menu. Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. are not meals. The applicant is proposing that patrons who wish to purchase alcoholic beverages be required to purchase a qualified meal. The applicant has provided an operational description specifying that alcoholic beverages will only be served with a qualified meal (Exhibit 4). Requirement 8 states that alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided. Outdoor seating is not proposed at this time. Pursuant to the Town’s Outdoor Seating Policy (Exhibit 7), if the applicant were to propose outdoor seating on the property in the future, approval would be required from the Community Development Director and the Parks and Public Works Department, and separation would be regulated by the California Department of Alcoholic Beverage Control (ABC). Specific Policy The ABP’s Specific Policy states that alcoholic beverages may only be served with meals at restaurants without separate bars. The applicant has provided an operational description specifying that alcoholic beverages will only be served with a qualified meal (Exhibit 4). This requirement is included as a condition of approval (Exhibit 3, Condition 7). C. Restaurant Use in the Downtown Area Ordinance 2021 discourages the displacement of retail uses by restaurant uses in the C-2 zone and expresses concern about the concentration of restaurant uses (Exhibit 8). This PAGE 6 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM application would allow the restaurant to locate in a space that is currently occupied by a retail use (Los Gatos Cigar Club). The applicant has included a Letter of Justification addressing the displacement of a retail use (Exhibit 4). The ordinance does not provide a numerical value for a maximum concentration of restaurant uses in the C-2 Zone. The C-2 Zone is characterized by the retail thoroughfares of North Santa Cruz and University Avenues and with extensions located along Los Gatos- Saratoga Road and Main Street. The subject property is located approximately 550 feet away from North Santa Cruz and University Avenues, the primary retail center of the downtown area. Additionally, the building is set back approximately 155 feet from E. Main Street, which may impact the viability of a retail establishment as it relates to foot traffic. The deciding body should consider the location of the property within the C-2 Zone downtown area, the proximity of the building to a primary street, and whether the displacement of retail is acceptable. D. Parking and Traffic The current use of the subject building requires five parking spaces, which limits the proposed restaurant use to five parking spaces, and thus a maximum of 20 seats. The applicant is requesting approval for 20 seats. The Town’s Traffic Impact Policy recognizes that uses within the Central Business District (C-2 Zone) will change periodically as part of the natural business cycle. For the purposes of Traffic Impact Fees, changes in use without changes in net building square footage within the C-2 Zone shall not be considered to create a traffic impact, shall be exempt from the Traffic Impact Policy, and will not be charged fees for the change of use. The proposed change of use is in the C-2 Zone within the Central Business District. The applicant is not proposing to increase the square footage of the building; therefore, no traffic related impacts are expected. E. General Plan The goals and policies of the 2020 General Plan applicable to this project include, but are not limited to: • Goal L.G.5.1 - To provide residents with adequate commercial and industrial services. • Policy L.P.5.6 - Encourage development that maintains and expands resident-oriented services and/or creates employment opportunities for local residents consistent with overall land use policies of the Town. • Goal L.G.6.2 – To preserve 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. PAGE 7 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM • Goal CD.G.4.1 – To preserve the character of downtown Los Gatos and the quality of life for its citizens • Policy LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos. F. CEQA Determination The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. G. Conditional Use Permit Findings In order to grant approval of a CUP, the hearing body must make the following findings: 1. The proposed use of the property is essential or desirable to the public convenience or welfare; and 2. The proposed use will not impair the integrity and character of the zone; and 3. The proposed use would not be detrimental to public health, safety, or general welfare; and 4. 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. With regards to the first finding, the use, if approved as proposed, will introduce a new dining option available to the public. With regards to the second finding, the use will not impair the integrity of the zone since the use is a commercial use and is located in a commercial zone. With regards to the third finding, the use will not be detrimental to public health safety or general welfare because the conditions will address any potential impacts. With regards to the final finding, the proposed use meets the objectives of the General Plan and Town Code as discussed within this report. PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 300 feet of the subject property. At this time, the Town has not received any public comment. PAGE 8 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM CONCLUSION: A. Summary The applicant is requesting approval of a CUP for a restaurant with alcohol service. No additional square footage is being proposed; therefore, no impacts pertaining to traffic are expected. The proposed restaurant use would be in conformance with the Town Code and is consistent with the General Plan. B. Recommendation Based on the above information, staff recommends that the Planning Commission forward a recommendation of approval to the Town Council. If the Planning Commission finds merit with the proposal, it should: 1. Make the finding that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); 2. Make the findings as required by the Town’s Alcoholic Beverage Policy (Exhibit 2); 3. Make the required findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 2); and 4. Forward a recommendation to Town Council for approval of CUP application U-18-004 with the conditions contained in Exhibit 3. C. Alternatives Alternatively, the Commission can: 1. Recommend that the Town Council approve the application with additional and/or modified conditions of approval; or 2. Recommend that the Town Council deny the application; or 3. Continue the application with direction to a specific hearing date. PAGE 9 OF 9 SUBJECT: 21 COLLEGE AVENUE/U-18-004 DATE: MARCH 23, 2018 N:\DEV\PC REPORTS\2018\College Avenue, 21 (Nicks Raw Bar) - PC - 03-28-18.docx 3/23/2018 11:21 AM EXHIBITS: 1. Location Map (one page) 2. Required Findings for a CUP (two pages) 3. Recommended Conditions of Approval (five pages) 4. Project Description/Letter of Justification, received March 1, 2017 (three pages) 5. Alcoholic Beverage Policy (six pages) 6. Late Night Entertainment Policy (two pages) 7. Outdoor Seating Policy (three pages) 8. Ordinance 2021, Restaurant Use in the Downtown Area (two pages) 9. Site Photos (one page) 10. Public comments received by 11:00 a.m., Friday, March 23, 2018 11. Project Plans Distribution: Nicholas Difu, 2911 Granite Creek Road, Scotts Valley, CA 95066 Shari Flick, 99 Foster Road, Los Gatos, CA 95030 This Page Intentionally Left Blank E MAIN STHIGHWAY 17COLLEGE AVSB HIGHWAY 17DITTOS LN CL E L A N D A VPAGEANT WYN CREEK TRAILW M A I N S T MI LL STMAPLE LNS CREEK TRAILLUNDY LNR E S ER VO IR R D CHURCH ST PARK AVUNIVERSITY AV21 College Avenue 0 0.250.125 Miles ° Project Site EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION – March 28, 2018 REQUIRED FINDINGS AND CONSIDERATIONS: 21 College Avenue Conditional Use Permit Application U-18-004 Requesting approval for a major restaurant (Nick’s Raw Bar) with alcohol sales on property zoned C-2:LHP. APN 529-29-052. APPLICANT: Nicholas Difu. PROPERTY OWNER: Shari Flick. FINDINGS: Required Finding for CEQA:  The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required findings for a service of alcoholic beverages:  As required by the requirements of the general and specific policies of the Town’s Alcoholic Beverage Policy (ABP): General Policy Requirements: 1. The proposed use complies with the ABP as it is a new restaurant that does not include a separate bar where alcohol would be served without a meal. 2. Pursuant to the Town’s Late Night Entertainment Policy, entertainment is allowed by right prior to 10:00 p.m. and late night entertainment (entertainment occurring after 10:00 p.m.) is subject to the Town’s noise ordinance and allowed with approval of a permit. The applicant is not proposing late night entertainment. 3. Pursuant to the Town’s Late Night Entertainment Policy, entertainment is allowed by right prior to 10:00 p.m. and late night entertainment (entertainment occurring after 10:00 p.m.) is subject to the Town’s noise ordinance and allowed with approval of a permit. The applicant is not proposing late night entertainment. 4. The applicant is not proposing alcohol sales or service beyond 11:00 p.m. Sunday through Thursday, nor beyond 12:30 a.m. Friday and Saturday. 5. The conditions placed on the permit address this requirement. 6. The project site is located adjacent to residential uses across College Avenue to the west and across Pageant Way to the south. The proposed restaurant would be limited to 20 seats. Additionally, the subject building does not have doors on the elevations facing the residential uses, allowing for greater noise attenuation within the indoor space. The proposed project includes distance and attenuation that will prevent adverse impacts from the proposed late-night service. EXHIBIT 2 7. The applicant has provided an operational description specifying that alcoholic beverages will only be served with a qualified meal. 8. Outdoor seating is not proposed at this time. Specific Policy Requirements: 1. The applicant has provided an operational description specifying that alcoholic beverages will only be served with a qualified meal. 2. The proposed use complies with the ABP as it is a new restaurant that does not include a separate bar where alcohol would be served without a meal. Required findings for a Conditional Use Permit:  As required by Section 29.20.190 of the Town Code for approval of a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: 1. The proposed use is desirable to the public convenience because it introduces a new dining option open to the public, thereby increasing the diversity of dining options in the downtown; and 2. The proposed use would not impair the integrity of the zone, in that the proposed use is a commercial use and would be located in a commercial zone; and 3. The proposed use would not be detrimental to public health, safety or general welfare, and the conditions placed on the permit would maintain the welfare of the community; and 4. The proposed use is in harmony with the General Plan and Town Code. N:\DEV\FINDINGS\2018\COLLEGE AVENUE, 21 - PC FINDINGS.DOCX EXHIBIT 3 PLANNING COMMISSION – March 28, 2018 CONDITIONS OF APPROVAL 21 College Avenue Conditional Use Permit Application U-18-004 Requesting approval for a restaurant with alcohol service (Nick’s Raw Bar) on property zoned C-2:LHP. APN 529-29-052. PROPERTY OWNER: Shari Flick. APPLICANT: Nicholas Difu. 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 and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 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 pursuant to Section 29.20.340 of the Zoning Ordinance. 4. RESTAURANT USE: A restaurant use is permitted in the southernmost building on the property, known as 21 College Avenue. 5. ALCOHOLIC BEVERAGES: So long as this establishment serves alcoholic beverages, it shall be 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. This establishment shall use an employee training manual that addresses alcoholic beverage service consistent with standards of the California Restaurant Association. d. The licensed operator 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. 6. NUMBER OF SEATS: Total seating shall not exceed 20. 7. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only with meals for all seating areas. Food service is required for alcoholic beverage service. 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. 8. HOURS OF OPERATION: Maximum hours of operation are 11:30 a.m. to 11:00 p.m, Monday through Thursday; 11:30 a.m. to 12:30 a.m, Friday and Saturday; and 11:30 a.m. to 10:00 p.m. on Sunday. 9. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 10. 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. 11. BUSINESS LICENSE with CERTIFICATE OF USE AND OCCUPANCY: A Business License with Certificate of Use and Occupancy must be obtained prior to commencement of use. 12. 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 with the Certificate of Use and Occupancy application. 13. 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. 14. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed. Building Division 15. PERMITS REQUIRED: A Building Permit shall be required for all interior modifications and alterations to the existing commercial building as well as the change of use and occupancy classification. 16. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12. 17. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 18. PLANS: The construction plans for this commercial building tenant improvement shall be prepared under the direct super vision of a California licensed Architect or Engineer. 19. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum size 30” x 42”. 20. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process. 21. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and Bay Area Air Quality Management District Applications from the Building Department Service Counter. Once the Demolition Forms have been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed Forms to the Building Department Service Counter with the Air District’s J# Certificate(s), PG&E verification, and three (3) sets of Site Plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a Permit from the Town. 22. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet. 23. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole. 24. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 25. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. 26. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at www.losgatosca.gov/building. 27. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE: Please provide evidence of approval from Santa Clara County Environmental Health Department for the proposed scope of work for this food sales facility. Evidence shall be in the form of stamped “approved” plans and/or letter from the County Environmental Health Department indicating their approval of the proposed project stating that this facility does or does not require a permit to operate. 28. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Santa Clara County Environmental Health Department: (408) 918-3400 f. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 29. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related construction debris at the end of the day. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner, Applicant or Contractor's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of- way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Applicant/Owner's expense. 30. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 31. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 32. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 33. PLANS AND STUDIES: Any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Applicant. 34. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right- of-way will only be allowed if it does not cause access or safety problems as determined by the Town. 35. CONSTRUCTION HOURS: All construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner, Applicant, Contractor or their representative shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 36. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 37. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner, Applicant, or Contractor's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Applicant's expense. 38. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 39. At time of building permit, the Santa Clara County Fire Department will review exiting, seating plans, food preparation, and fire protection as may be required for the occupancy classification proposed. N:\DEV\CONDITIONS\2018\College Ave, 21 - PC COA.docx This Page Intentionally Left Blank RE: Letter of Justification and Written Description Nick's Raw Bar 21 College Avenue Los Gatos, CA 95030 Dear Los Gatos Town Council and Planning Commissioners: RECEIVED MARO l 2018 ~ TO'NN O F LOS GATOS----- PLANNING DIVISION Thank you for the opportunity to have this letter of justification and the accompanying Conditional Use Permit application considered for Nick's Raw Bar. An establishment that if approved will be a great addition to downtown Los Gatos by enhancing the charm and catering to our upscale cliental. As the owner, operator, and Chef, J look forward to preparing a fresh and delicious small plate menu for guests, accompanied by craft cocktails arranged by an award-winning Mixologist. As you may know, I currently own and operate Nick's Next Door located in the same plaza as the proposed location, and was formerly located on Main Street as Nick's on Main. When I moved from Main Street to my current location, the support I received from this community was overwhelmingly positive and as a result I have been able to continue to operate and thrive as a small business owner. I am grateful to the community for the success I have found in Los Gatos, which has been made possible by my customers' loyalty, mine and my staff's dedication, and our brand's commitment to a high-quality dining experience. This dedication to quality has allowed Nick's Next Door to become one ofthe most popular restaurants in the South Bay, and to be voted number one in Los Gatos on Trip Advisor and Yelp. As I look to expand my brand further, I firmly believe Los Gatos is the best location and look forward to giving Nick's Raw Bar the same attention to detail that has gone into making Nick's Next Door successful. Please review and consider the following written description for Nick's Raw Bar: The Experience: Nick's Raw Bar will operate separately from my current restaurant; however, will complement the service provided by Nick's Next Door. Patrons may Dinner and drinks at Nick's Raw Bar. They will be provided with a full menu (see attached) and a server will be taking the order. They will be able to eat a full meal with specialty Cocktails and great wine in the restaurant. We are trying to create a full dinning experience with a slightly different style cuisine on this side of town. The raw bar will offer a small gourmet menu including items such as ahi, oysters, Kobe beef, foie gras and Dungeness crab along with high-end cocktails by our award winning Mixologi st. The Location: The proposed location is 21 College Avenue, a small stand alone building located towards the back of the Soda Works Plaza on the corner of Main Street and College Avenue. This location is ideal for an upscale lounge style restaurant with great food and cocktails. It provides a EXHIBIT 4 desirable destination for people to come together to dine and celebrate complementing the intent of the Town's charming and walkable downtown zone. I understand that there have been past concerns regarding the replacement of a retail use with a restaurant use, however in this instance it should be considered that first the current use is primarily a private club (not retail), and second that this particular space is not fitting for a retail use given its distance from Main Street and lack of visibility for walk by and drive by traffic which is imperative to the success of a space designated for retail. Hours of Operation: It is proposed that Nick's Raw Bar will have the ability to operate seven days a week MONDAY 11:30AM-11:00 PM TUESDAY 11:30AM-11:00 PM WEDNESDAY 11:30AM-11:00 PM THURSDAY 11:30-11:00 PM FRIDAY 11:30AM-12:30 AM SATURDAY 11:30AM-12:30 AM SUNDAY 11:30AM-10:00 PM We are requesting the full week for the flexibility of private parties; however, intend to only regularly operate the restaurant Tuesday through Saturday. In conclusion, I respectfully request your review and approval of this Conditional Use Permit application by allowing me to create Nick's Raw Bar for the Los Gatos community. I am asking the Town to allow me to provide gourmet small plates and with beer, wine, and craft cocktails in a warm and inviting space accompanied by the friendly, high-quality service for which my restaurants are known. I have been cooking in the Town of Los Gatos for over twenty years and have been a restaurant owner for ten. I truly love this community and embody its values. Through my career as a restaurant owner, operator, and Chef I have a proven track record of providing quality menus, responsible alcohol service, and overall top-notch dining establishments that enhance our downtown. I believe the addition of Nick's Raw Bar will provide greater exposure to businesses on the south side of downtown and quickly become another Los Gatos favorite. Thank you for your time and consideration . Sincerely, Nick Difu Nick's Raw Bar Menu (Sample) Chilled Soup of the day Caviar, to be determined Tomales Bay Oysters, Fresh Horseradish, Basil Mignonette Trio Of Sashimi, Ahi Tuna, Spicy Ginger Soy Vinaigrette Crushed Peanuts/ Halibut, Basil Pesto Toasted Pine Nuts/ Salmon, Spicy Mint and Cilantro Vinaigrette Foie Gras Au Torchon, Dried Vanilla Cherries, Brioche Toaste Charcuterie Platter, Truffle Salami, Prosciutto, Mortadella, Soppressata, Calabrese Chili's, Olives Sour Dough Toast Points SPECIALTY CHEESE'S, To be determined STEAK TAR TAR, Capers, Cornichon, Dijon Mustard and Basil Aioli, Sour Dough Toast AHi POKE OR SALMON POKE, Sushi Rice And Pickled Cucumber Salad BEEF CARPACCIO, Basil Infused Olive Oil, Calabrese Chili's SEASONAL SALADS To Be Determined DUNGENESS CRAB SALAD, Mix Greens, Cherry Tomatoes, Kalamata Olives, Pickled Maui Onions, Prosciutto, Tarragon Lemon Vinaigrette Sushi Roll Of The Day This Page Intentionally Left Blank ) RESOLUTION 2001 · 106 RESOLUTION OF THE TOWN COUNCIL OF 'fllE TOWN OF LOS GATOS AMENDING THE TOWN'S ALCOHOLIC ;BEVERAGE POLICY WHEREAS, the sale of alcoholic beverages, if not regulated, canjeop~ public safety, result in an ·increase of calls for police services and compromise the quality of life for Town residents; and WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage service and protection of residential neighborhoods with the goal of maintaining a vibrant and successful Downtown and commercial areas throughout Los Gatos; and WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues relating to service of alcoholic beverages; and WHEREAS, the Town Council has indicated a desire to review all applications for new alcohol service or change in existing service, and a need to amend the existing Alcohol Policy, THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A. EXHIBIT 5 ! ! I PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 Th 4ay of September, 2001, by the following vote: COUNCIL MEMBERS: A YES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski . NAYS: None ABSENT: None ABSTAIN: None SIGNED: AITEST: CLERK OF THE TOWN OF LOS GATOS J ·. ' LOS GA't0S l CALIFOR.NlA ~~. ~ . UYO~ TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 I ! i L Purpose POLICY REGULATING tHE CONSUMPTION A..~ SERVICE OF ALCOHOLIC BEVERAGES The consumption or service of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police ~ces and compromise the quality of life for Town residents. This policy provides parameters fur alcoholic beverage service, particularly addressing late night servfoe when alcohol related incidents are most likely to occur and when the disturoances to Town residents is least tolerable. The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary · privilege to be determined on a case by case basis. Th,e following provisions are intended to balance the protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial c~ers in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or ~hools, the concentration of establisbnients in an area serving. alcoholic beverages or for otlier reasons that may arise at the public hearing. ~ The deciding body may approve a conditional use perm.it to serve alcoholic beverages based on the merits of the application and subject to the following requirements: Il. General policy 1. The Town shall continue to strongly discourage new applications for stand alone bars or restaurants with separate bars. 2. The Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. 3. Entertainment in association with an eating or drinking establishment may be allowed if standards and a peqmt process ar~ adopted. 4. Alcoholic beverage service for new conditional use pennit applications or applications for modification of a conditional use permit shall not be allowed: A After 11 PM Sunday through Thursday, except for holidays and evenings before holidays. B. After 1 AM Friday, Saturday, holidays or evenings before holidays. An existing establishment with a conditional use pepni.t in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. · Exhibit A I I I I Town of Los Gatos Alcoholic Beverage Policy Page 2 of4 5. Any establishment serving alcoholic beverages shall be 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 Californian 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. 6. The deciding body shall make the following findings prior to approving an application for conditional use pennit to serve alcoholic beverages past 1 OPM: A Late night service will not adversely impact adjacent residential . neighborhoods. B. The applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C. The applicant has demonstrated a clear benefit to the community. 7. A meal is defined as a combination of food items selected from a menu (breakfast, lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 8. Alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town Manager. The separation shall clearly suggest that alcohol is not allowed outside the restaurant seating area. Town of Los Gatos Alcoholic Beverage Policy Page3of4 m. Specific Policy L Restaurants: Alcoholic beverages may only be served with meals, 2. Restaurants With Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service. Meal service shall be available until closing Qr 11 PM Sunday through Thursday and until 12 midnight Friday, Saturday, holidays and evenings before holidays, whichever is earlier, if late night bar service is available. Specific hours of operation for each establishment are determined upon issuance of a conditional u~ permit. IV. Review Process 1. Proposals for new bars or restaurants with bats and all requests for new alcohol service or a change to existing ~ce shall be reviewed by the Planning Commission. The Commission will make a recommendation to the Town Council and the Council shall have fin~ review authority. 2. Changes in ownership for businesses involving service of alcoholic beverages shall be reviewed by the· Community Development Department. The following process will be followed: a. The Director of Conununity Development shall contact the new business owner to make them aware of the conditions of approval attached to the Use Permit for the location. b. One yeat following issuance of a business license, surrounding/impacted property owners shall be notified and any conunents regarding the operation of the business shall be solicited. c. If the Director of Community Development becomes aware of any alcohol related impacts on the surrounding neighborhood, the Director shall review the operation of the business to detennine whether there is a violation of the use pennit. I 1 I Town of Los Gatos Alcoholic Beverage Policy Page4of4 -. ) d. If there are violations of the use permit that have not been voluntarily corrected by the business owner the matter will be forwarded to the Planning Commission for public hearing pursuant to Section 29.20.310 of the Zoning Ordinance. · e. Pursuant to Section 29 .20 .315 of the Zoning Ordinance the Planning Commission may revoke or modify the conditional use permit if it finds that sufficient grounds exist. IV. Enforcement All conditional ·use permits issued to establishments for alcoholic beverage service on-site shall be subject to Section 29J0.310(b) of the Town Code authorizing the Town Manager to take enforcement actio~ if it is determined that the sale of alcohol has become a nuisance to the Town's public health, safety or welfare. Enforcement of section 29.20.3 IO(b) of the Town Code will be based on. but not limited to, the following factors:_ · I. The number and types of calls for. service at or near the establishment which that are a direct result of patrons actions; II. The number of complaints received from residents ad other citizens concerning the operation of an establishment; III.. The nwnber of arrests for alcohol, dnlg, disturbing the peace, fighting and public nuisance violations associated with an establislunent; IV. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; V. Violation of conditions of approval related to alcoholic beverage service. The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains the right of review and approval ( or denial) of each project based on its merits . ~-----. - Title: Policy Regulating Late Night Entertainment Policy Number: 1-03 Effective Date: 6/22/16 Pages:2 Enabling Actions: ---( ' ; PU~9SE _____ / ·----· -~ Entertainment contributes to Los Gatos' vibrancy and adds to the richness of events and gatherings, and shall not be regulated other than by Town Code. However, entertainment occurring after 10 p.m. ("late night entertainment") can compromise the quality of life for Town residents. Therefore, this policy has been created to establish a pennitting process and regulations for late night entertainment. For the purposes of this policy. entertainment means any activity conducted for the primary purpose of diverting or entertaining persons in a premises open to the general public. Such entertainment may include, but shall not be limited to, live musical performances, instrumental or vocal, dance acts, concerts1 live shows. amplified music or sound, dancing, DJ, karaoke, jam sessions, and/or other similar activities. Late night entertainment is a discretionary privilege and is not to be construed to be a right of development nor run with the land. The following provisions are intended to maintain and enhance the continuing vibrancy and viability of the Town's public and commercial centers while providing reasonable protections to residential neighborhoods in close proximity to those areas. POLICY AND PROCEDURES I. Review Processes for Establishments with Late Night Entertainment 1. A late night entertainment pennit shall be issued be the Town Manager. The Town Manager may refer any application for a permit to the Development Review Committee for it s consideration and detennination. which may be appealed to Planning Commission and Town Council. The Town Manager or other deciding body retains the right of approval or denial of each application based on its merits. 2. In determining whether to approve or deny an application for a late night entertainment pennit, the following factors will be considered: a . The proposed use of the property is essential or desirable to the public convenience or welfare: b. The proposed use will not impair the integrity and character of the zone; EXHIBIT 6 Title: Policy Regulating Late Night Entertainment Page: I 2 ot 2 ! Policy Number: 1-03 c. The proposed use would not be detrimental to public health, safety or general welfare; and · d. The proposed use of the property is in hannony with the applicable guidelines., zoning ordinances, and/or provisions of the general plan. 3 . An application and permit for late night entertainment shall be subject to all applicable requirements of the Town Code, and any permit issued pursuant to this policy shalJ include the following conditions: a. The applicant shall be responsible for ensuring that noise resulting from the entertainment meets all applicable provisions of the Town's noise ordinance. If noise complaints are received by Town Staff: the Town reserves the right to require the applicant/permittee to hire a consultant to monitor noise levels to ensure that noise levels are within the parameters established by Town Code for the zone in which entertainment is occurring. b . Security measures, which may include the requirement that the applicant employ private security personnel, shall be undertaken and established in and around the entertainment venue to deter unlawful conduct or disturbance to adjacent residential neighborhoods. c. Additional appropriate conditions may be included in any permit as may be determined necessary to protect the public health, safety or general welfare. 4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits entertainment will be required to obtain an amendment to its CUP in order to offer entertainment pursuant to this policy. An applicant's request to amend an existing CUP for the express purpose of adding permitted entertainment will not open the remainder of the CUP to amendment or alteration unless specifically requested by the applicant. 5. Any permit issued pursuant to this policy may be suspended, modified or revoked by the body that approved the pem1it following a public hearing if it is dete1mined that sufficient evidence exists that the p e rmitted entertainment is operating, or has operated, in a manner inconsistent with the requirements of its pe1mit. or in a manner that constitutes a public nuisance. APPROVED AS TO FORM: TITLE: OUTDOOR SEATING RULES ANO REGULATIONS POLICY NUMBER: 1 ~02 EFFECTIVE DATE: 12/2/15 PAGES: 3 REVISED DATE: The Town of Los Gatos recognizes that dining outdoors enhances the customer experience and is an amenity that should be available to restaurants throughout the Town . II. DEFINITIONS The following words, terms, and phrases when used in these rules and regulations, shall have the following meanings: ADA Clearance means the required access on sidewalks and public right-of-ways as defined by the Americans with Disabilities Act, which is a 48-inch clear path of travel. Permittee means a business applying for the outdoor seating permit. HJ. APPLICATION The application for outdoor seating shall he on a form provided by the Community Development Department~ with final approval from both the Community Development and Parks and Public Works Departments. The Application shall contain the following minimum infonnation. Applicants may be required to provide additional infonnation as determined by the Community Development or Parks and Public Departments. Every restaurant in Town is eligible to app]y for outdoor seating, regardless of provisions in its Conditional Use Pennit (CUP), if the CUP approval date is prior to the approval of this Policy. 1. The names, addresses, and telephone numbers of the applicant, co-applicant(s), and the property owner if the applicant is a lessee; 2. A scaled plan of the proposed location of the outdoor seating including any fixtures present including but not limited to newspaper racks, public benches. planters, trees, etc. 3. The written consent of the property owner and any other tenant(s) occupying the property; EXHIBIT 7 TITLE: OUTDOOR SEATING RULES AND REGULATIONS PAGE: 2 of 3 POLICY NUMBER: 1.02 IV. 4. The hours and days of operation of the business; 5. The type and amount of furniture that will be used to provide the seating; 6. An approved encroachment permit will be required for any placement of outdoor seating on public right-of.way and can be completed as a part of the outdoor seating pennit process; 7. Proof of insurance as required by Section V herein; 8. Signed indemnity and release forms that jndemnify the Town and its officers and employees against a11 claims of injury or damage to persons or property arising out of the use of outdoor seating; and 9. Any other information reasonably required by the Departments for the purpose of processing the permit application under the requirements of this policy. STANDARDS OF OPERATION A pennittee shall comply with the following standards of operation and any other standards of operation adopted by the Town Council: v. A. A business must comply with the total number of seats allowed by their currently approved Conditional Use Permit (CUP), regardless if they are placed in or outdoors. B. Outdoor furniture approved for use in public right~of~way must only be outdoors during the pennittee's hours of operation, and may not be secured with chains, locks or other securing mechanisms, unless explicitly allowed within the approved CUP. C. At no time may any outdoor seating limit ADA access to less than 48 inches. D. Businesses serving alc-ohol must comply with the Alcohol and Beverage Control's regulations for alcohol service and consumption outdoors. INDEMNIFICATION AND INSURANCE The pennittee shall forever indemnify and hold harmless the Town and all of its agents, employees and representatives from and against all claims, damages, losses, suits and actions, including attorney's fees. arising or resulting from said operation of outdoor seating. In addition, the pennittee shal1 obtain general liability insurance in an amount no less than $1 ,000,000.00, and shall name the Town as an additional insured on said policy. A copy of the certificate of insurance shall be provided to the Town and shall become a part of any permit executed by the Town. TITLE: OUTDOOR SEATING RULES AND REGULATIONS PAGE: 3 of 3 POLICY NUMBER: 1-02 VI. DE:SIAL, REVOCATION OR SUSPENSION OF PERMIT A. A permit shall be denied if alJ of the standards of operation cannot be met, and may be revoked if: 1. The Applicant fails to comply with the requirements of the Town Code, this policy, or any other applicable law; or 2. The applicant makes a false statement of material fact on an application for an outdoor seating permit; 3. The Departments detennine that the placement of the outdoor scats would endanger the safety of persons or property or otherwise not be in the public interest; or 4 . The Departments determine that the outdoor seats unreasonably interfere with pedestrian or vehicular traffic. B. The Town Manager may temporarily suspend the ability of outdoor seating if he or she determines that use of the outdoor seats is causing undue public right-of-way congestion, blocking or impeding the flow of traffic, or posing a public safoty hazard. VIII. INFRACTION AND PENALTY An infraction is committed if outdoor seating is operated without a valid outdoor seatmg permit or if a pennittee is found to be non-compliant with the approved permit, or any rules and regulations promulgated by the Town Council. IX. APPEAL PROCESS Any aggrieved party shall have the right to appeal the denial, suspension or revocation of an outdoor seating pennit, or the issuance of an infraction. Such appeals shall proceed in the manner set forth in the Town Code. x. SAVING CLAUSE ShouJd any portion of this Policy be rendered ineffective by a Court of competent jurisdiction, the remaining parts shall remain in full force and effect. APPROVED AS TO FORM: '-:&J·.~ Robert Schultz,T<.n'-j ~ttomey "-.J This Page Intentionally Left Blank :portStreamingHandler.ashx ORDINANCE 2021 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Page 1 o . The C-2 (Central Business District Commercial) zone of the l'own of Los Gatos contains a mix of retail. restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community. However, too many restaurant.~ concentrated in this one area would displace retail uses that are vital to continued success and to having businesses that attract Town residents throughout the day. TI1is ordinance is intended to discourage the displacement. of retail uses by restaurant uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public hearing process. SECTION II Section 29.10.020 i$ amended to read as follows: Bar means a drinking place where alcoholic beverages and snacks arc served; possibly with entertainment such as music~ television screens, video games or pool tables. ***** Restaurant,fastfoodmeans a restaurant with a large carry-out clientcle, long hours of ~crvicc, some open for breakfast but aU open for lunch and dinner, and high turnover rates for eat-in customers. Restaurant, high turnover (.,it-down) means a restaurant with turnover rates gc.11erally of Jess than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally serve breakfast, lunch and dinner, and arc sometimes open 24 hours a day. Res1aurant1 quality means a restaurant of high quality and with turnover rates usually of at p://laserfiche/laserfich eNiewer/Pdf/PrintPdNiewer .html ?file= ExportStreamingHandler .ashx%3 Frepo%3 DLFT... 3/l /20 EXHIBIT 8 :portStrearningHandler .ashx least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner. ***** SECTION Ill Subsection (16) of Section 29.20.745 is amended to r~d as follows: ( 16) Determine and issue zoning approval for minor restaurants that are located outside Downtown [the C-2 zone]. SECTION IV Subsection (8) of Section 29.20.750 is amended to read as follows: (8) Determines conditional use permit applications that are not assigned to the Development Review Committee. SECTIONV This ordina11ce was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of' the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 1996. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None ATTEST: '/U..d.Au~ SIGNED: €~TOWN 'WSGATOS LOS GATOS, CALIFORNIA J (P,,,.,.,,, ,,-,J;, __. 0 tA.I //~~ CLERK OF THR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 Page 2 o tp://laserfiche/laserficheNiewer/Pdf/PrintPdNiewer.htrnl?file=ExportStrearningHandler.ashx%3Frepo%3DLFT... 3/1 /2 ( 21 College Avenue North (Front) South (Rear) West (Facing College Avenue) East (Facing interior) EXHIBIT 9 This Page Intentionally Left Blank PUBLIC COMMENT Public comments received by 11:00 a.m., Friday, March 23, 2018 NONE EXHIBIT 10 This Page Intentionally Left Blank A1DRAWN ON PREVIOUSLY PERMITTED DRAWING, DATED 3-14-1997[E] 1-STORYBUILDINGSITESHEETSSHEETOFSCALE:DATE:DRAWN:JOB:PERMIT SETCONSTRUCTION SETPRELIMINARY SETPLAN CHECK SETDESIGN REVIEW SETREVISIONSBYA R C H I T E C T CHRIS SPAULDING(510) 527-5997 FAX (510) 527-5999BERKELEY CALIFORNIA 94710801 CAMELIA STREET SUITE EDRAWINGS PREPARED BYCS / DBRIDGELINE2AS NOTED2-1-18LOS GATOS CALIFORNIA 21 COLLEGE AVE INTERIOR REMODELSITE PLAN1/32"=1' - 0"EXHIBIT 11 PROPOSED FLOOR PLAN1/4"=1'-0"A20510152025DINING AREAFOOD PREPCOLDSTORAGEDRYSTORAGEDISHWASHINGSERVINGAREASHEETSSHEETOFSCALE:DATE:DRAWN:JOB:PERMIT SETCONSTRUCTION SETPRELIMINARY SETPLAN CHECK SETDESIGN REVIEW SETREVISIONSBYA R C H I T E C T CHRIS SPAULDING(510) 527-5997 FAX (510) 527-5999BERKELEY CALIFORNIA 94710801 CAMELIA STREET SUITE EDRAWINGS PREPARED BYCS / DBRIDGELINE2AS NOTED2-1-18LOS GATOS CALIFORNIA 21 COLLEGE AVE INTERIOR REMODEL MOPSINKTOTAL NUMBEROF SEATS = 20'GENTS''LADIES'