10 Staff Report - 20 S. Santa Cruz Avenue Suite 200~pW N 0
~o'os COUNCIL AGENDA REPORT
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DATE: JUNE 26, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
MEETING DATE: 8-6-2007
AGENDA ITEM:
SUBJECT: ADOPT RESOLUTION APPROVING A REQUEST TO MODIFY AN
EXISTING CONDITIONAL USE PERMIT TO ALLOW THE SERVICE OF
BEER & WINE WITH MEALS (MAIN STREET BURGERS) ON PROPERTY
ZONED C-2. APN: 510-45-075. CONDITIONAL USE PERMIT U-07-142.
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE, SUITE 200.
PROPERTY OWNER: JOHN FEECE, SIERRA MANAGEMENT.
APPLICANT: ED RATHMANN.
RECOMMENDATION:
Adopt resolution approving a request to modify an existing conditional use permit to allow the
service of beer and wine with meals on property zoned C-2.
DISCUSSION:
On June 18, 2007, Council approved an application to modify an existing conditional use permit
to allow the service of beer and wine with meals on property zoned C-2. The attached resolution
finalizes that decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN ATTORNEEiAB/wp 1 N:WTY\Reports\Repon w S. Santa Cruz (Main Street Bw ers).wpol
Reviewed by: -Yfown Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 8/2/07 1:33 pm
Reformatted: 7/19/99
File# 301-05
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO ALLOW THE SERVICE OF BEER & WINE WITH MEALS (MAIN
STREET BURGERS) ON PROPERTY ZONED C-2.
APN: 510-45-075
CONDITIONAL USE PERMIT: U-07-142
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE, SUITE 200
PROPERTY OWNER: JOHN FEECE, SIERRA MANAGEMENT
APPLICANT: ED RATHMANN
WHEREAS:
A. This matter came before Council for public hearing on June 18, 2007, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant
and all interested persons who wished to testify or submit documents. 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 dated June 8, 2007, along with any and all subsequent reports and materials
prepared concerning this application.
C. On July 28, 2004, the Planning Commission approved a Conditional Use
Permit (CUP) for a high-turnover, sit-down restaurant (Main Street Burgers) at 20 S.
Santa Cruz Avenue, Suite 200. On October 27, 2004, the Commission approved a
modification to the CUP to allow an outdoor dining area for the joint use of Main Street
Burgers and Cold Stone Creamery.
D. On April 25, 2007, the Planning Commission considered the subject
application requesting modification of an existing CUP to allow the service of beer and
wine on property zoned C-2. The Commission voted to recommend denial based on
concerns about how the outdoor patio would be policed and the potential for minors to
obtain alcohol.
E. Applicant seeks approval to modify its CUP to allow for service of beer
and wine in conjunction with food service for an existing restaurant. Applicant does not
intend to have a stand alone or separate bar, provide any entertainment at the restaurant,
or operate past 10 PM. Applicant will require that patrons be served a lunch or dinner
meal before being served alcoholic beverages, as required by the Town's Alcohol Policy,
and that service of alcohol in approved existing outdoor seating areas be separated from
public areas with a physical barrier. The outdoor patio will be closely monitored by the
Los Gatos-Monte Sereno Police Department and the Los Gatos Community Development
Department to ensure that the conditions found in this CUP as well as the Town's
Alcohol Policy are followed. Failure to follow these conditions or the Town's Alcohol
Policy will result in the necessary and appropriate corrective action.
F. Town Council finds as follows:
i. Pursuant to Town Code section 29.20.190, the proposed use of the
property is desirable to the public convenience; will not impair the integrity and character
of the zone; would not be detrimental to public health, safety or general welfare; and is in
harmony with the various elements or objectives of the General Plan and the purposes of
the Town Code. Evidence in the record demonstrates that the proposed modification to
the CUP would encourage (1) economic and social activity consistent with a small-scale,
small town atmosphere and image, (2) the development and retention of locally-owned
stores and shops, (3) the preservation of downtown Los Gatos as the historic center of the
Town with goods and services for local residents while maintaining the existing Town
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identity, environment and commercial viability, (4) outdoor service of alcohol in the
patio area will be closely monitored by the applicant's employees, the Director of the
Department of Community Development and the Chief of Police to ensure compliance
with conditions of approval, and (5) alcohol service will terminate at 10:00 p.m.
notwithstanding approved hours of operation that allow the applicant to remain open
until 11:00 p.m.
ii. Pursuant to the Town Alcohol Policy, the applicant has an
established positive record of compliance with its conditions of approval and Town law.
In addition, Council finds that the Alcohol Policy is clear in its application in that it does
not set quotas regarding restaurants allowed to serve alcohol. Instead, the Alcohol Policy
requires a case by case analysis of each application, which may be approved or denied on
its own merits consistent with Town standards for alcohol service. Regarding alcohol
service in a business that serves youth, a youth friendly business differs from a business
that is youth oriented in that the former can provide alcohol service without endangering
youth so long as the business complies with its conditions of approval and alcohol related
laws and regulations, and parents properly supervise their children. On the other hand, a
youth oriented business, i.e., one that is dedicated to provide services and activities for
youth, may not be an appropriate for alcohol service.
iii. The project is categorically exempt from environmental review
pursuant to Section 15301 of the State Environmental Guidelines as adopted by the
Town.
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iv. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report
prepared for the public hearing on March 5, 2007.
RESOLVED:
1. Application U-07-142 is approved.
2. The Conditions of Approval attached hereto as Exhibit A are adopted as the
Conditions of Approval of this permit.
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on the day of August 2007 by the following vote.
COUNCIL MEMBERS:
AYES:
Steve Glickman, Barbara Spector, Diane McNutt,
Mayor Joe Pirzynski
NAYS:
None
ABSENT:
None
ABSTAIN:
Mike Wasserman
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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