11 Desk Item - 15960 and 15970 Los Gatos Boulevard.~pW M QF
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COUNCIL AGENDA REPORT
DATE: April 16, 2007
TO:
FROM:
SUBJECT:
MEETING DATE: 4/16/07
ITEM NO:
DESK ITEM
MAYOR AND TOWN COUNCIL F 1
DEBRA J. FIGONE, TOWN MANAGER
CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT FOR
A RESTAURANT WITH ALCOHOL SERVICE (VIVA PRIMAVERA) TO
EXPAND THE HOURS OF OPERATION, MODIFY THE OUTDOOR PATIO
DINING AREA, EXPAND TO AN ADJACENT TENANT SPACE
(FORMERLY HIGH TECH BURRITO), EXPAND TO FULL LIQUOR FOR
VIVA A GO-GO AND ALLOW SERVICE OF ALCOHOL IN THE OUTDOOR
SEATING AREA FOR VIVA A GO-GO, AND EXPAND APPROVED
ENTERTAINMENT ON PROPERTY ZONED C-1. APN 523-01-012 AND 013.
CONDITIONAL USE PERMIT U-07-006. PROPERTY LOCATION: 15960
AND 15970 LOS GATOS BOULEVARD. PROPERTY OWNER: COLG, LP.
APPLICANT: VIVA PRIMAVERA, LLC.
DISCUSSION:
Cafe Primavera's (now Viva Primavera) Letter of Justification for their original approval
included the following statement:
Cafe Primavera also proposes to provide occasional, incidental, entertainment such as a
piano or harp accompanist.
This item was never added as a specific condition of approval. Staff has added a condition for
the originally approved entertainment (Condition #10 of Attachment 2) and does not have any
concerns with the applicant's request.
The Council could determine that the request for jazz trios and other live music is not an
intensification and therefore is consistent with the previously allowed occasional, incidental
entertainment.
PREPARED BY: BUD TZ,_~
Director of Community Development
Reviewed by: F'~J Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15960 - 15970 LOS GATOS BOULEVARD/CUP U-07-006
April 16, 2007
If the Council decides to approve the application, it is recommended that condition #10 be
modified to read as follows:
LIVE ENTERTAINMENT: Occasional, incidental, indoor entertainment such as piano,
harp accompanist, jazz trios, or other live music is permitted.
Staff would like to clarify that the currently proposed Conditional Use Permit (CUP) for Viva
Primavera/Viva A Go-Go (U-07-006) would replace the previously approved CUP for High
Tech Burrito (PRJ-97-003) and the CUP for Cafe Primavera (U-99-11) when it is vested.
Staff would like to clarify that Viva Primavera and Viva A Go-Go are a single entity and all
operations will be connected. Staff recommends that Condition #3 be modified to read as
follows:
USE: The approved use is for a quality restaurant with a high turn over sit down service
area which operates as a single entity and all operations shall be connected.
In the addendum dated April 13, 2007, staff recommended a new condition relating to Alcohol
License and a modification to Condition #4 Number of Seats. Those items should be further
modified to read as follows:
ALCOHOL LICENSE: The applicant shall amend the existing ABC license or have a new
ABC license issued as required by that agency for alcohol service for all service features of
the restaurant.
NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 176
(total includes indoor, outdoor, and banquet/meeting rooms). No more than 16 seats shall be
allocated to the high turn over sit down service area.
Lastly, if the Council determines that the high turn over sitdown service area should be permitted
to serve alcohol then Condition #9 should be eliminated and Condition #8 should read as
follows:
ALCOHOL SERVICE: The service of alcohol 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. There shall be no separate bar for the
restaurant.
Attachments:
L-7. Previously submitted under separate cover
(No new attachments)
BNL:JP
N:\DEV\CNCLRPTS\2007\ 15960-15970LGBDESK. doc