10 Desk Item - 20 S. Santa Cruz Avenue~pW N OF
lbs.. G h
DATE:
TO:
FROM
COUNCIL AGENDA REPORT
AUGUST 6, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 8/6/07
ITEM NO: 10
DESK ITEM
ORRY P. KORB, TOWN ATTORNEN
SUBJECT: ADOPT RESOLUTION APPROVING A REQUEST FOR APPROVAL TO
MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW
SERVICE OF BEER AND WINE WITH MEALS (MAIN STREET BURGERS)
ON PROPERTY ZONED C-2. PROPERTY LOCATION: 20 S. SANTA CRUZ
AVENUE, SUITE 200 FILE #U-07-142 PROPERTY OWNER: JOHN FEECE,
SIERRA MANAGEMENT APPLICANT: ED RATHMANN
Attached are the conditions of approval (Exhibit A to proposed resolution) which were
inadvertently omitted.
Attachment: Conditions of approval (Exhibit A)
PREPARED BY: ORRY P. KORB
Town Attorney
OPK:pg
NAMGR\AdminWorkFiles\Town Attorney\Council Reports\8-6-07 Rathmann desk item.doc
Reviewed by: Assistant Town Manager k-°'Z~oJTown Manager
Clerk Administrator Finance Community Development
TOWN COUNCIL - JUNE 18. 2007
CONDITIONS OF APPROVAL
20 S. Santa Cruz Avenue, Suite #200
Conditional Use Permit U-07-142
Requesting approval to modify an existing conditional use permit to allow service of beer &
wine with meals (Main Street Burgers) on property zoned C-2. APN 510-45-075.
PROPERTY OWNER: John Feece, Sierra Management
APPLICANT: Ed Rathmann
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans noted as
received by the Town on December 5, 2006 and approved by the Town Council on
March 5, 2007. Any changes or modifications to the approved plans and/or business
operation shall be approved by the Community Development Director or the Planning
Commission, 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 unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. BUSINESS OPERATION. This approval is for a quality restaurant use, 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.
4. HOURS OF OPERATION. Hours of operation are limited to 7:00 am to 11:00 pm daily.
5. SEATS. The maximum number of seats is 44 (26 indoors and 18 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine 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.
7. ALCOHOL LICENSE: The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT. No live entertainment is allowed.
9.. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if full. A trash receptacle shall be
located on the outdoor patio and maintained by Main Street Burger staff..
11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development.
13. PORTER. A porter shall be available at all times to maintain the patio area.
14. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
15. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
16. 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.
TO THE SATISFACTION OF THE POLICE CHIEF:
17. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
18. 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.
19. 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.
20. 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.
21. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
22. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
NDBA"TONDITNS,2007TSSC20-MofnSt