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07 Staff Report - 330 North Santa Cruz Avenueo\4N MEETING DATE: 14/6/08 ITEM NO. COUNCIL AGENDA REPORT r~s cap°~ DATE: September 26. 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: CONSIDER A REQUEST FOR APPROVAL TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO ALLOW FULL- LIQUOR SERVICE WITH MODIFIED HOURS Ol,' OPERATION. PROPERTY LOCATION: 330 NORTH SANTA CRUZ .VENUE. FILE# U-08-010. PROPERTY OWNER: MELDIMAR LLC; APPLICANT: M.S.D. RESTAURANT CO. LLC. RECONIMENDATION: Open and hold the public hearing and receive public testimony. Close the public hearing. 3. Make the required findings (Attachment 1) and approve the modification to the Conditional Use Permit application U-08-010 subject to conditions (Attachment 2) (motion required), 4. Refer to the Town Attorney for the preparation of the appropriate resolution (no motion required). BACKGROUND: The subject site is located on the cast side of North Santa Cruz Avenue approximately 100 ft north of Petticoat Lane. and directly across from Almendra Avenue. The space was previously occupied by Transylvania restaurant. The current Conditional Use Permit (CUP) was approved by Town Council on September-", 2003. The Use Permit established operating hours from 10:00 AM until 10:00 PM daily. It also allowed alcohol service (beer and wine) in the small outdoor patio area at the front of the restaurant. On September 10. 2008. the Planning Commission considered the subject application and voted 3-? to recommend approval oCthe proposed modifications to the existing CUP with conditions. Continued on Page PREPARED BY: Bud N. Lortz. Director of Community Development Reviewed by: =.Assistant Tow n .N4ana,,,er Town Attorney Clerk Finance --Community Development IR'!%i;rd_ 9 26 WS 1 t I I'\I Reformatted: ~ 30 02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: CUP MODIFICATION FOR 330 NO. SANTA CRUZ AVE. FILE w U-OS-010 September 26, 008 DISC,t 1SS[ON Project Suni111arv: The applicant is requesting approval to modify the existing CUP to allow full liquor service. The applicant is also requesting to extend the hours of operation to 11:00 PM Sunday thru Thursday anti rnltil 1:00 AM on Friday and Saturday. Alcohol Poll The Town's Alcohol Policy requires any change in the service of alcoholic beverages to be approved by the Towii Council. The Council reviews CUP requests for a change in alcohol service on a case- by-ease basis to ensure that the request is appropriate for the specific restaurant and its location. The Alcohol Policy requires specific findings to be made for service of alcohol past 10:00 PM, as follows: 6. The deciding both, shall make the folloir irtg findings prior 10 approving 6111 application .for conditional use permit to serve alcoholic beverages past 10P,11; ~4. Late night serike will not adverseh~ impact adjaeew residential neighborhoods. While there are no immediately adjacent residential properties, Staff has received a letter of opposition to the additional ]lours from the residents along Almendra Avenue (Attachment 5 Exhibit 10). B. The applicaw does not have a histw-v of complaints and non-compliance ivith local ordinances or the Alcoholic Ber•er•age Policy. Neither the subject property nor the applicant has a history of complaints or non- compliance. C. The applicant has demonstrated o clear bciiefit to the commmimitr•. Tlie applicant believes he demonstrates a community benefit by offering a late night restaurant option within the downtown. The applicant's existilig CUP allows the restaurant to stay' open until 10:00 PiM. The above findings must be made to allow alcohol service beyond the hours of 10:00 PM as the applicant is requesting. Several restaurants in the immediate vicinity are currently permitted to serve alcohol beyond 10:00 PM (Attachment 6). PAGE3 MAYOR AND TOWN COUNCIL SUBJECT: CUP MODIFICATION FOR 330 NO. SANTA CRUZ AVE. FILE ~ U-08-010 September 26, 008 PLANNING COi•-IMISSION ACTION The Planning Commission voted 3-2 to recommend approval of the request with a modification to the hours requested by the applicant. The Commissioners had some reservations about the service of alcohol past 10:00 PM, but were able to make the findings that the applicant is demonstrating a community benefit, and that current neighborhood conditions will not be negatively effected by the modifications. The Commissioners included or modified the following conditions in the motion: • Hours of operation shall be limited to: 10 AM to I I PM Sunday thrU Thursday and 10 AM to 12 AM Friday and Saturday, with alcohol service ending one hour before closing. • The kitchen shall remain open until the restaurant closes. • The applicant shall meet w-lth neighbors at least twice a year for the first year of operation, and as necessary thereafter. Findings shall be presented to the Planning Commission as appropriate. • Outdoor speaker usage shall be limited to the flours before 9 PM daily. Attachment 3 is a verbatim traIlscrpt of the Commissions discussion. FISCAL IMPACT: None CONCLUSION: If the Council decides to approve the modifications to the CUP, it should make the required findings specified ill Attachment 1, and approve the application, subject to the conditions in Attachment Attarhinr,it cz' I . Required Findings R. Considerations (one page) Recommended Conditions of Approval (two pages) . September 10, 2008 verbatim Planning Commission Minutes 4. August 27. 2008 Report to the Planning Commission 5. September 10. 2008 Report to the Planning Commission 6. Restaurant closing hours chart (onc page) F);ct,-ihlIt innV M.S.D. Restaurant Co. LLC. 330 North Santa Cruz AycIlue. Los Gatos. CA 95030 Meldinlar LLC, 1401 Martin Ave, Santa Clara, Ca 95050 BNL:A,\I UI:% C\CLRIII, \5c-IC Y,I'II USA' REQUIRED FINDINGS FOR 330 North Smite Cruz AN-CI uc Conditional Use Permit U-{)8-11111 Requesting approval to modili a Conditional use hermit to allol► full liquor set-vice with modified hours of operation on a hropert} zoned U! APN: 52404AB3 PROPERI ONN NER: \lck1huar IA.C APPL1C'_1N"h: M.S.D. Restaurant ('u. LLC ■ AS regllil-C(l 11 SCetion ~L).2(). NO ul~ the TOMI COdC t(ir Ll Conditional I 'SC Permit. I hC LICcldln~'. bOd~ . on the basis O1 the e6dcnCe Submitted lit the hcarin~~. may z,srant a Conditional Ilse permit hell Spcciticall~ 'Lill thurirCLI h~ the prON isionS of the Town COdC it it finds that: { 1) The proposed uses of the property are essential or desirable to the pUbliC Com enicnCC or %\eliare: and The prnposcd L1scS ill nut impair the ilitell~rit~ arld Cha1'00cr Of th rune: and (3) The proposed uses miuld not he detriuleriml to public health" safct~ or -general m:11are: and (4) The proposed uses ONE propert, arc in Sunlon, n Ali the N arious elements or oNcak es oCthe General flan and the purposes of the Umn Code. ■ A!, rCLluil_Cd b~ Chapter 11 Seelion 6 of the l Lm n Alcohol Policy for ~'>rantin~~ 11CU1101 Ser% icc be\ find the }iuurS Of 10 11111. I lie deciding hurl, shall Me the ]t,llo ing nndkgs prior to appl-o\ in", .111 LsppliclItiun I'm- a C'undititinal t SC Permit to ser\ e ttlcoliulic hc\ cl-age p lsl 1 ()1'\1: A. Late niz,ht Ser\ ice \\ill not ~Id\crsel~ impact LlLlJacent 1-c;id ntial nciz~hhurhoo ds. 13. JIle ltppliCant duCS nut 11a1C a hlStOrl Of C0111plaintS and nun-Compliance with 10:al ordinances or the Alcoholic Be\ crauc POlic\ . C. the applicant has dcmoristratcd a clear berlCht to the ComnlLlnit\ . ■ That the vwrk proposed is Consistent n ith the RCdCv C1upnlCnt flan liir the Central L()S Gatos Ralevelopnicnt PRgcct Area AccOon !1.131. 0 As required b~ Section 1 501 0fthe State 1=M irunuiCntal GuidclineS aS adopted h~ the LM11 that this project is Uate,,oricall~ Fwmpt. N: DI'V I-INDIXGS 330 ATTACHMENT 1 -)-10 \ul'th Santa UrtV l.'-OS-O 10 October 6. 2008 R CDAINIE\I ED ['O\I)ITIO\S OF APPROVAL FOR: 330 North Santa Crur :kN crruc CondUhmal lie Permit 1=410 Requesting approval to modifN a conditfoiral use permit to allo~N full li(luor SUI' ire NNith mudif Ctl 110UI's of opcralion on a Irrlrlrcrl~ zoned C-2. :\P`: 529-04-1133 PROPERTY OWNER: Nleldimar 11AT APPLICANT: M.S.D. Restaurant Co. LIA' I O I I IF )A I ]S1 A(' I IM ()Il ill= IN -A\\l\C; 1)IKI-C I OR: (Platlllim-, section 1 I . :APPROV-\l_: i his application shall he comMewd in accmdawc ith all of the conditions of apply\ al listed hel(l\\ and in sul„l lnli;tl Cumph lneC ith (hC plan, upprn\cd and noted Lis rccci\ed I)\ the o\\Il url JUIle 20(I8. .An\ chall,!es Ol' 1110dilications to the appruv cd plans and ur husincss operation shall he appl-ov cd b" the Cclnlnlunih DCVC1(spnlcnt DirCculr err the Planning Commission_ depending on the scope of the changes. IAPIR A IlO\ Ol:.\1'PKOV Al_: Fhc Conditional Use Pel-nlit \\ill expire t\\o vCars li'cull the elate Of approval UnlCSS it iS Used bclorc expiration. Section 29.20.33~ defines \\hat constitutes the Use Of an appru\al t'rante(l Under the %orling Ordinance. 1101 RS O OPPIZNIO\: flours of operalion shall nut exceed 101M sun to I1:00 pm Sunda) thru Thursda) and Ii1:110 am to 1201 am Friday anti Saturday. -f. Sl__\ I 1\(;. 1 r11u.Xinltlm O thil't\ 1"0 ( I :C,Its are 1110\\Cd Inelnsi\ C 01 ilhk'01' :Ind uUtdoor clinina area;. A ma\initlnl 01'ci-,ht ;eau 111,I~ he III ICC l in the oLll,lool' dining arCCi. 5. Ol 1 DO(W Ol\I\(; ARM. Ilse outdoor dinin,- arcu shall he nwiutaincd and 1\Cpt litter frCC. 6. Ol MOOR I)IMV; 1MI:11 R. I he harrier around the outdoor- dinima area shall realaia. to prc\\ ide clear dehiiCation ol, the eating. Llrea. Lind tO pru\ ide adCclUatC sCparatiun fi-c}m the adj:tCCnt public arCas. I Ile final design ul'the balTier ;hall be appw Cd h\ the Dhvctor of Clinnnunit\ I )evelulm-nw. (Awwu1Gn,, .\I-Cltitcct and the POlicC ChiCl'. prior to iS;u:ulcc tsl an\ hUilciill~ hermit;. 7. ALUOI 10I. SFRVIUl_: 'l he scr\ icc 111 alenhOhc hc\ eratscs is pCrmitted 0111 ith meals. A meal is defincyI as a (0111binutiun Of food itCnls selected h-um a menu (breal\I'asl. h:-LlnCh. 11.111C11. OF dillnel-). .\hpctii.Crs s(ICII :IS popcorn. nacho;. pl'Ct/ck potato Skins. relish tra%S. etc. thus or cold) al-e nut nlCals. :1lc01101 sni ke shall end one hour heforc closing;. S. K1TC'11EA 110L RS: The kitchen shall remain open until the restaurant closes. 9. OIAl)OOR SPEAKINS: "rhe use of the outdoor speakers shell he l mhed to the hours before 9--00 pm daily . ATTACHMENT 2 ; 0 .\o1111 SaIIILl ( rui I -I18-i)1ft WWI: 6. 2008 10. 1 :11<1 i Ol_ 11 1 We out food shall he SCIACd in reeNcled material container;. 1 1. 11-.\51I_S. \I1 bcN cra,es anci feud ;erN cd on Site ;hall be ;er\ ed Oil retl;ahle materials. 12. 1_IVI,- FN H-,RT:A1\\11~A1". No lire entertainment shall be IzroNided unless the applicant rcceiv e; future approv al of liv e enlertainment. 13. NEIGHBORHOOD \Ila:FTI\GS: The applicant shall meet nith the neighbors at least Wise a year for the An! year, and as ncccssarl thereafter to address any concerns that may arise. 14. ONE YEAR lth:1'IEW. To« n staff'shall reN im the Conditional Ise Permit "ithin one year farm apprm al to determine if there are an) prohlems associated ~i ith the Pcnmit and report their Endings to the Manning Commission. The Banning Commission may direct that a public hearing he held to rep im the permit as specified in Section 29.20,310 of the Curl' I] Code. 15. 1.:\P`;I. 1 OR I)ISCO\ 1 l\I :\\CI.. ll'the actiN its for Mlich the Conditional I ;e Permit ha; heell antt:d is dkCoIttinUCd lur a period Of Olle I I I ~ ear. the ztpprm al Iap;cS pilr>uant to "~CCtloll -IO of the ~.~~ll1n~! O[dimince, It,. 10 \ I\I)F\I\I I Y: - \pplicaill> arc notified that fo\\n Code Scetioil 1.10.1 15 rccjuires tllat any applicant \\ho rece;le; a permit or crttitlcnlcrlt from the I mll Shall delCnd. indClnnik. .Ind hold hclrmles; the I o\\n anal its c llicial; in any action brou1111 h~ a third pang io m mum. Set ASidC. or \ oid tilt p~Illlit ~~r entitlculellt. I hi; reyLlirenlent i; a Condition Of appro\'al ol' all Such hel-miB LIll-i entitlement,) \\$lethcr or not expre;,l~ set 1,61-th in the appro\ al. .I-{) 1111`: S:\ I ISKIC`1 [O\ Ol= -11IL CI IlLI 01 POI.ICI.: 17. CNIFOR\11-:1) SI-VL'Rl l l': l Ililol-Illed I}rig atcl~ prop idLd security ward; nla~ be required in or around the premises b; the Chicf of Police if alcohol related prohlcros recta that are not resole cd b% the hcenSCLI LM rler. IS. C'O\SI.AL I _A HON .A\I) TR:AI\1\G::At the discretion of the Chief of police. periodic meoNgs W he cmWucwd "Ali represcntatiN c Iirom the Police Uepartmenl IoI' 1111-~'olnt_' clllp)o~Ce tl'illninL' On LllCUllt)hC bevCra!~C ;Crllce to the yeller ll public. lcl. l [::1i\l\(; \1_\\l :1L: ]lie restatrrarlt olnCrator :hall use an emplo~ce a unln, manual thLlt adchaICOIIoIic bC\ era~C Se:'\ iCe ConsklenI \\A h the ;tauId.n d: of the California Rc;taurant \;;oeiation. I)I-:tiIC;\.\ I I.I) I)I~IVI:IZ I'ROCiIZ. I: I he restaurant oper,lt►,r shall aCti\CIN I)rol]lote a &e,iZ'n:lted driper progrnu such a; comphirri n ar; non-akoholic bcN erase, for dcsigmatecl dri\ cis. l . POST i\Ci ()I l _A\i('.Al3 1 1:L1_I'E 10\L AI_ A1131:lk Ia-Xicah telephone numbers shall be I)OSted in t \ i;ible locution. I ) I % t-( , \ l)IIN, ti.,! .~i. ,i Syl 17 N8 - - -1 - j Z Z 7 E Z z f ATTA(;mv- T 3 f, 7 ' 3 3 J - z ~ - _ y - - Z 3 _ - ~ ~ ~ X - _ 3 T _ _ - 3 ~ _ ~ - - > 3 . . 3 - - _ _ :r ~ _ - - _ ~ 3 ~ - _ - _ - ~ - - - - ' V z s - - ~ - _ - - x - ~ _ _ :r _ J - - _ - a - - _ - - > ~ s - -S _ _ - .3 _ V _ r - - - _ Z 3 _ ~ . , 3 3 _ _ _ _ _ .z - - - s 3 Y Y > _ r - ~ - 3 - - - 'V~ z Z Z _ ~ 7 z 3 _ - . - ~ _ ~li p . . - . _ . s _ J ~ J l . . . _ _ - . . . _ x _ j - _ _ _ _ S _ >T _ i _ _ _ _3 _ _ L_ _ _ C V Z j 1 : a z r C - _ H - J _ - U J J J O C 1 - 'J J ~ U j v v ~ i! F g L. _ ,v n Z Z Z r; C. i J - ~Km _ ' - - 7 r Z U Z i; - _ ~ - f - _ - _ _ J T _ - y - 3 - - . _ - _ T y L _ _ . 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' G - r - j _ ~ ~ ~ - .:1 - - _ - . , ~ 0 I I r~ - o - - 3 S _ ~ _ _ ~ _ _ ;:I y _ _ C . _ _ _ _ C - - - - - 3 `i _ ::1 2 n 5 - 77 :77 a j , 3 _ ~ 3 TOWN OF LOS G,A-1-OS ITEM \O.: 44-1 ' PLANNING COMMISSION STAFF REPORT Meeting Date: August 27, 2008 ~S-CA~O b b PRLP:1RFD B : Mm-ni F. Mosete~. Assistant Planner APPLICATION ti0: [.-08-01O I OCATION: 330 North Santa Cruz Avenue (East side of X. Sant.1 (Cl'L1/ .\%k. North otTettiCOat Lane) APPLWANT: \1.S.D. Restaurant Co. LLC PROITR I-Y U\\ NI:R: MeLlimar 1.I-C' (-Ml _lCl Pt-_lZAM Richard Colc &M 297-2587 .\1'111.1C'.-\ 1 JON S(-iNINIARY: RCqucsting approwl to modQ a conditional use permit to alloNv full liquor service with modified hours oCopmabon on a property coned C- 2. APN: 5200415 DEEMED COMPL1- [k: Jule ~4. 2008 HN'AL DA IT, 10 I AKE \C [IOC: Jammr, 24. MOB) RECOMMENDATION: For"ard reconu-nendation for approval to Tox%n CounCil_ suhject to conditions. PROD C-l DATA: General Plan Desi,nation: Zoning Designation: Applicable flans Standards: Parcel Si/c: SurroLlnding.Vea: 1_xistin,, Land Usc North Commercial Last comincl-cial South C o111111erClal Csl Commel-cial CCtltr,ll Business District C-2- Central Business District l o\~n Alcohol Polic" Restaurant Pohc\ 2014 Generl a Ptan ZoIng Central Business District C-' Central BusincSs District C-? Central BLlsiIlCis District C-' C'cntral Business District C CFQA: Categlorical l . <✓.empt pursuant to Section 15 301 of the St~ue Fns ironmental Guidelines as adopted by the Vww. 6 ATTACHMENT 4 PlanniI12 Commission St 11T RCp01-t - Pa'-'t: 330 North Santa Cruz A cnue L 418-010 August 27. 2U08 FI\Dl\GS: ■ :As required b; Section 29.` 415) of the W%m Code Ar granting ~i Conditional Use Permit. • As required by Section IV.B of the Redevelopment Plan Ior the Central Los Gatos Rede\ elopment Project that it meets the use set forth in the Tomi's General Plats. • As required by the 1 on n :alcohol Police. ACTION: Recommendation to the Torn Council EXI IIBI1 S: 1. location Map 2. Required Findint3-; (cane page). 3. Proposed Conditions of Appro\al (too pa=ges) -I. Resolution \o. 200-95 5. Letter of Justification (three pages) 6. Additional 1_etter from applicant (h%e pages) 7. Town Alcohol Police S. 1=1oor Plan [one page) rcceived on June 2008 9. Phi ms of the site and surrounding area We pages) J1ACKGRO[.'\D: the subject site is loo=ted on the cast side of North Santa Cruz AvCrIue appr0Xi1-natcly 100 f-t north of Petticoat Lane. and directly across from Al"lendra A\ enue. 1 ]le space \~as pre% iou;ly occupied by Transyk-ania restaurant. Ile current Conditional Use Permit (CUP) "MS appro\ed by- To«n Council on September 2003, The L'se Permit established operating hours from 10:00 AN! until 10:00 PNI daily. It also allows alcohol service (beer and Sine) in the small outdoor patio area at the front of the restaurant. PROJECT DPSCRIP-1 ]ON: The applicant is requesting approval to modify the existing, CL-P to allow full liquor sm ice. 1 sic applicant is also requesting to extend the hours of operation to 1 l :U(1 P\I Sunda\ thrti I hurSdaN and until 1:00 AN I on Frida\ and Saturda%. A\_-lLYS1S: A, Alcohol Polic% The IOMI's Alcohol Police requires any change in the ser\icc of alcoholic be\era<ges to be aphro\ ecl b\ the I omn Council. 1 he request is consistent with the Lmicral policies in Section 11 and the specific policy in Section IV (see 17x&bk 7). The 1'estauram is currentk open until 10:00 P\] daily: the applicant is mqueshn<g to extend the apprmcd hours of PlanninL, Commission Staff Rcport - paz,c ~ M North Sant~l Cruz A% enue U-08-0 10 August 27. 2008 operation to I I :00 PNI Sunday thru I hursdal . alld LOU ANI Fi-i Ia\ and SatUrda\ . 1 he AIcuhol Pohc\ requires ail addlnunal ftndlng that the applieatlt has demonstrated a clear benefit to the nuumunk to approve alcohol service beyond MOO OO I'M (Exhibit 7). I'll c Plannin,-, Conlmissiun ~ reculllnlend~ttion ~yill Le Forwarded to the Tuv~n Cutnlcil 1'01- final action, l3. I raf l-IC and Parl:i I L' Clew is no proposed change in use. theref<me tMtlie and parkini-I %01 not l-,e impacied h, this application. C. CEO.1 Detcrtllination It has been determined that this project is Categorically E=xempt pursuant to Section 15301 of the State En\ ironmemal Guidelines as adopted by the 10\\ n. CONCLUSION A\D RECONIME\D_1T1ON: A. Conclusion -l-he proposed modilications of the CT T comply with the regulations set forth for the C-2 /one and the Io\\n's :Alcohol POheN uidl the exception of the extended hours ol'operation. I he issue 01' 11111 liLIU01- is an issue 101- the Pkinnin' Commission 10 consider. EL Recomincridadon Staff recommends that the Planning Commmission recunlnwrid app m%A oT the Con1clonal Use Permit to the lo\~n Council \\ith the rcqucaed operating hours ifthe Cunullission can make the required hndOgs to operate it 11):c)I1 P\1. 1. Find that the project is cater oricall~ exempt P111-5uant to Section 153(_11 ul' the Stan: Ens lronmelltal GllldelilleS: Make the finding as required b~ Section 29.20.190 of the To\\n Code for Mgr nlting a Conditional Use Perl AL subject to conditions [Exhibit -1: and 3. DewmAne that the proposed modifications arc in compliance Nvith the Tomi's Alcohol Policy (Exhibit 7). If the Con1I11ission can male the Cindin<` to allo.\ ser\ ice beyond HPOO PNL condition 3 mint be modified to reflect the change. Piannin~k Commission Staff Report - PaLc 4 30 North Santa Crllz A enue. U-08-010 ,au«ust 217. 2003 C. AlternatlVes I. Rtwmmcnd denial of the Conditional Use Permit. Recommt ml approN al of the CUP N ith modification to any ol'the follo«ing areas: A. Bcer and ine ser% ice to dill liquor ser\ ice: S. Hours of operation ti Prepared bN: i` \-larm F. MoscleN C FM A- sistant Plannel" t _~ppro~ Approved b\ . Lo Alcl' [)I]-eCtOl- of Community Development 13\I._:-\I\ mdc cc: M.S.D. Restaurant Co. LLC. ;30 North Santa Cruz _ VCI)lle. Los Gatos. CA 95030 \,leldimar [.LC, 1401 Martin Ave. Santa Clara. Ca 95050 330 N. Santa Cruz Avenue SOS OMAN stain; EXHIBIT I REQUIRED FINDINGS FOR 330 North Santa Cruz AN-enue Conditional [.'se Permit U-08-010 Requesting approx al to modify a conditional use permtt to allow full liquor sere ice itli modified hours of oprration on a propcn) zoned C-2. AP\: 52404053 PROPERTY WA NEW Meldimur MC APPLICANT: NI.S.D. Restaurant Co. LLC ■ As required by- Section 29.211 W) of the ]own Code for granting a Conditicuial Use Permit. Ile deciding body. on the basis of the e0dence submitted at the hearing- may grant a conditional use permit when sped 1 icall\ authorized b; the pro% isions of the To\\ n Coale if it finds that: ( 1 ) The proposed uses of the properly me essential or desirable to the public dolly enlence or el fare: and (2) The proposed uws \\il1 not impair the imegrih and character of the zone: and l 1 The proposed uses would not be detrimental to public health, safeij or general "elfare: and (4) 1 he proposed uscs o the property arc in harmony ith the \ arious elements or ob]ectl\ es of the Uncral Plan and the purpose,, ofthe to\\n Code. is As required by Chapter 11 Section 6 of"the lo\\n Alcohol Polio for `crantint alcohol str\ icc beyond the hours of 10 pm. The deciciNg bodv shall nuke the follov%in,~2 findinZ~s prior to approving Lill application for a Conditional Use Permit to save aleohulic beverages past l UP\1: A. Late night ser\ Re ill not ad\ ersel\ impact ad~jaccnt residential neizjhborhoods" B. The applicant does not have a history of complaints and non-compliance .yith local ordinances or the Alcoholic Be\ craze Pohc\. C. The applicant has demonstrated a clear benefit to the cornmunlt\ . ■ That the \\ork proposed is consistent with the Rcde\ elopmcnt Plan for the Central Los Gatos Rede\-clopment f'rd>ject Area (Section IV 13). As 1"egltll"ed b\ Section 15 01 UI the State 1:I1\iron111c11wI GIt ideIinls as adopted by the l0\\I1 that this project is C ac{_>oVall\ Ren1m. EXHIBIT 2 330 \orth Santa Ctu? t.-0S-O1+.1 August 27. 2005 RECOMMENDED CONDITIONS OF APPROVAL FOIL: 330 North Santa Cruz Avenue Conditional Use Permit L--08-010 Requesting; approval to nlotlif~ a conditional use permit to allo« full liquor serN ice ~~ith modified hours of operation on a property zoned C-2. M'\: -529-04-053 PROPEIZTY ON1 NEW `Ieldiniar LLC M)PLICANT: N1.S.D. Restaurant Co. LL(' TO 1-1-11- S.1-1151=.10I10\ Oi. 1111. PI..1\\[\G DIRI-C, 1OR. ) Planning, section) I. APPRO\ AL: fhi> application shall bt completed in accordance y%ith all of the conditions ol'apprm al listed belo%\ and in substantial compliance ith the plans approwd and noted as recto ed by the T(m% n on June 23. ZOOS. No changes or modifications to the approv ed plans and or btlsi11e5s operation shall be aplowN ed hN the Communit\ Development Director or the Pl uznin! Commission. depending on the scope of the changcs. EXPIR_1TI0\ OF APPROVAL: The Conditional Use Permit \\ill expire u\o VeMS fl'olll the date of approVal Unless it is used Mae expiration. Section ?9.20.3?5 defiles Whal constnule We use of an a}?}710 al `?ranted under the Zonhg Ordlnancc. 3. HOURS OF OPFR 1TIO\. Hours of operation shall not exceed 101:00 am to 10:00 pm. ?SLATING. A maxinlunl of thirty t\\o (32) scats are allo%\ed inclusiNe of indoor and outdoor dining areas. A maximum oCeight scats may be placed in the outdoor dining area. CA-I'DOOR DI\1\G ARI--A. The outdoknr dining, area shall he mulimained and key litter We. 6. oi-l-DOOR DINING t3.\RR1 iz. the barrier around the iuitdoor dhAng area shall remain. to prop ide clear dedneati m of the eating area. and to provide adequate separation li-Orn the adjacent public areas. The lmal design ofthc barrier shall be approved by the Director of Community Development, Consulting \rchitect and the PoliCe Chief, prior to issuance ofan\ building permits. 7 A L(.'01 IOM. SERME: Ile service of alcoholic bevemgm is permitted only n ith )heals. A meal is dchned as a combWauon of Nod hems selected from a 171ow (breakfast, brunch- lunch- or i11IlnLr). appetizers such as popcorn. Machos. pretzels. potato shins. relish tra\s. ctc. (hot or cold) arc not meals. S. TAKE OL-T. Take out food shall be sen ed in recycled material containers. L- 11-\Sll_S. 111 bc\crages and food screed on site shall be served on reusable rnatcrlals. 4 111. LIFE ENTER K1\\IE\1. \o live entertainment shall be pro\ idcd unless the applicant rweh es future appmN al of We enterlainmem, 11. LAPSL FOR INSC0\ 1 M ANCE If the actin il\ for ~~hich the Conditional L se EXHIBIT 3 „11 rtll S,nlta C' t-ui [ Ilti-ill{> August 27, 200,~ lWrllllt has boon amnwd is disconunucd for a pcriod ht ono I I the :31'I'ri ~,ll lapses pUl'_L1,1111 to Scct€ml ,~~.,I). `III c,) the ~ Slili=' Ordinall~.:e 12. 1O%VN I\DF\1\l I ti-: \phlicants are notified that 101.111 C Ode Section I.Ili.115 requires that any applicant who receives a penA or erltitlemem front the I o" n shall detend_ indcnlniI-%, and hold harmless the To\\S1 and its of-ticials in a€1\ action hroul -,ht b} a third party to ON erturn. set aside. or N oUl the permit or entltlemellt. This rellllil-CMent is a cond€rion of approval of all SLICII permits And entitlements Mether or mn expressly set AS in the appw\ A. 1'0 1111-, S.A 11SFAC-110\ O1 11 IL CH11:F 01 POLICE: 1 [ \1LOR\ILU SI.C[ RITY: L-nil'urlled prkatcl~ 1-11.0\ided SCCUrit\ L,uM-ds 111aN he rcyuircd in or ariulnd the premises h, the Chief ol'Police it'alc(;I101 related prOhlenls reCL11- that are 1101 1'esol\ ed b\ the licensed o\~ ner 14. CO\SI_'L l.1 ll(}\ :1\l) TR-11\I\G: M the discretion of the Chief o Mice. periodic rnwin -s \01 be conducted \~ith repre,entam!,; trend the Police Department 1) r 011-~woin11 em) 10~ ee training! 011 aICOhulie hey Cl'aL11e Sorg ice t0 the _"ener:ll Ilnbtic. 1 1 R.V\I\C.; N1.1\1 1I the restulrallt 0ptra101- Shall Use an elllplo~ee training, luallual that addresses alcoholic be\ CMgC sere We COIlSiStellt ith the standards Of the Califo€nia Resl,3tIram .'\ssocl ltioil ]b. DI-.Y .i\:1I-1-D DRIVI-R PROGR:1\I: ['lie restaurant operator shall actkcl\ promote a designated driver pmgmru such as complimentary non-alcoholic bc\ craws for designated drj\ M. 17. PPS I I\G 01 1.\XIC .-\B Tl_1.1.Pi IC)\I \l]_ LRS I a.\icah telephone n11111bers shall be posted ill a \ isible location. RESOLUTION 2003 -98 RESOLE TION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO -NSODIFY A CONDITIO-NAL USE PERMIT TO L\CR.EASE THE HOURS OF OPERATION AND TO tiIODIFY TER-NIS OF SERVICE OF ALCOHOLIC BEVERAGES FOR A RESTAURANT ON PROPERTY ZONED C-2 CONDITIONAL USE PERNJJT APPLICATION: U-03-4 PROPERTY LOCATION: 330 V. SANTA. CRUZ AVEN-UE PROPERTY OWNER: y1ELIDLNLkR, LLC APPLICANT: CAROL HEVVESSY kND SLIYIONA TODORA- . WIIEREA,S: A. This matter came before Council for public hearing on August 4, 2003, on a request from the applicant and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant 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 July 28, 2003 along with subsequent reports and materials prepared concerning this application. C. The current restaurant occupying the tenant space the subject use permit applies to is moving out of Town in August. Applicant is requesting approval to modify the Conditional Use Perrnit to extend the evening hours of operation to 10:00 p.m. seven days a week, and to serve beer and wine to patrons sitting in the outdoor dining area. The outside seating area (eight seats) would be used when weather permits and are included in the total number of seats (32) allowed for the restaurant. D. The Planning Commission considered this matter on May 14, 2003 and forwarded it to Council with a recommendation for approval due to the uniqueness of the situation, which is not addressed in the Town's Alcohol Beverage policy. E. Council fads as follows: 1. The project is categorically exempt pursuant to State Environmental Guidelines section 15301 as adopted by the Town. 2. The change in hours is consistent with the Redevelopment Plant for the central Los Gatos Redevelopment Project (section IV'.B). 1 -i EXHIBIT 4 3. Parsuant to Toy;--n Code secnen 29-20-190, the proposed use of the proper. is desirable to the public convenience; will not impair the inter ty and charz.eter of the zcne; would not be detrimental to pubEc health, safery or general v,elfare: and is in harmonv with the various elements or objectives of the aenerai plan and purposes of the Town Code. RESOLVED: I. The request to modify Conditional Use Permit U-03-4 is granted. 2. The revised Conditions of Approval, attached hereto as Exhibit A, are applied to this Application. 3. The decision constitutes a final a& inistra:ive decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1. 10-085 u the Town Code of the Town of Los Gatos_ Any application for judicial re3ief from this decision trust be sought within the time Errdts and pursuant to the procedures established by Code of Civil Procedure Section 1094.6, or such shorter time as required by state or federal law. PASSED AND ADOPTED at a rtTalar meeting of the Town Council of the Town of Los Gatos, California held on the 2"d day of September, 2003 by the following vote. COUNCIL 14EXIBERS: AYES: Steve gliclcrnan, Diane -McNutt, Joe Pirzynslci, Nl ke W'assennan, Mavor Sandv Decker. 4AYS: -Non-, BSENT: None ABSTA21;: '.one SIG\NED: ~ ( IR O THE TOWN OF LOS GATOS iYO LOS GAT S, CALIFORNL-k ATTEST I j CLERK OF THE TOti"N OF LOS GA LOS GATOS, CALIFORNZ-\ 1) PLA-NtiNING COMMlSSIO-N RECO`MENDED CONDITIONS OF APPROVAL 330 N. Santa Cruz Ave Conditional Use Permit U-03-4 Requesting approval to modify a conditional use permit to increase the hours of operation and to modify terms of service of alcoholic beverages for a restaurant on property zoned C-2. AWN 529-0=1-040 PROPERTY- OWNER: Melidimar, LLC APPLICANT: Carol Hennessy and Simona Todoran TO THE SATISFACTION OF TIC'. DIRECTOR OF CO,%1"y L7TTY 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 approved and noted as -eceived by the Town on May 5.2003. Anv changes or modlfcations to the approved plans and/or business operation shall be approvedbv the Community Development Director or the PlanrLlns Commission, depending on the scope of the chang:.s. 2. v EXPIRATION OF APPROVAL.: The Conditional Use Permit 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. HOURS OF OPERATION. Hours of operation shall not exceed 10:00 am to 10:00 pan. 4. SEATLNG. A maximum of thirty two (32) seats are allowed inclusive of indoor and outdoor ' dininJ areas. A maximum of eight seats may be placed in the outdoor dining area. 5. OUTDOOR DINING AREA. The outdoor dining area shall be maintained and kept litter free. Signage., lighting and furniture shall be designed to maintain the architectural integrity of the building. 6. OUTDOOR DL\-I G BARRIER. The barrier around the outdoor dining area shall be modified to provide clear delineati on of the eating area, and to provide adequate separation from the adjacent public areas. The final design of the barrier shall be approved by the DLrector of Community Development, Consulting Architect and the Police Chief, prior to issuance of any building permits. 7. ALCOHOL SERVICE. The service of alcohol shall be limited to beer and wine and may only be served with meals. 8. RETAIL SALES. The use shal'_include retail sales in conjunction with the restaurant. 9. TAKE OUT. Take out food shall be served in recycled material containers. 10. UTENSILS. All beverages anc toes se-.-v-,d on site shall be served on reusable materials. 11. LIVE ENTERTALQN ENT. No lice entertainme, t shall be prov',ded unless the applicant E receives "nature approval of live entertainment. 12. 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. 13. ROOF MOUNTED EQUIPMENT, Any roof mounted equipment shall be fully screened. Conditions of Approval 330 N. Santa Cruz Avenue/U-03-4 Page 2 of 2 TO THE SATISFACTION OF THE POLICE CHIEF: 14 ALCOHOL SALES. If it is determined that the sale of alcohol is a nuisance, the use permit shall be subject to reevaluation by the Planning Commission. 15. EIMPLOYEE TR LND G: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. 16. DESIGNATED DRIVER PROGRAM: The establishment shall have and actively promote a designated driver program such as complimentary nori-alcoholic beverages for designated drivers. 17 TAXI NUyfBERS: Taxicab telephone numbers shall be posted at a visible location. ..42SHAROAdoptcd ~t?o•OfistTnnsilwnia Cxf~Rci.apd 4 Jul 25 08 12:12p LICUOR LICENSE SERVICES L 408-995-0784 p.1 LIQUOR LICENSE SERVICES, LTD. -A. DIVISION OF COLE & COWAN,1NC A C-Al IFORNLA1 LICENSED REAL ESTATE BROILER LIQUOR LICENSED BUSINESS CONSULTANTS ESTABLISHED 1965 SPECLALIZING IN THE SM.E OF LIQUOR LICI:NSE.S AND LIQUOR LICENSED BUSINESSES NOTARY--USE PERMITS-PLkNNED DEVELOPMENT PPRIVIrl'S SBA LOANS CALL IFO RNIA-I` EVATiA-ARSZO-%A-MICIUGA-N-V-~'Oifl NC-NfONTAN A 1C60 ;VlinnesouL Avenue San JOSC, CdlifOrnia 408-297-2587 Fax 408-999-0784 e-maffi ,nckcq.1e &.pacbell-net 3 PAGES INCLUDING THIS COVERSHEET VIA FACSI"-%ZILE juh 25, 2008 ATT: M4RNI MOSELEY, CFM RE: CHICAGO STEAK & FISH RESTAURANT 330 N. SANTA CRUZ AVE., LOS GATOS PURSUANT TO OUR TELEPHONE CONVERSATION TODAY, TRANSMITTED IS THE REVISED LETTER IF YOU HANTE ANY QUESTIONS, PLEASE CALL. THANK YOU. SINCERELY, RICK COLE EXHIBIT 5 Jul 25 08 12:12p LIQUOR LICENSE SERVICES L 408-999-0784 p2 Letter to Town of Los Gatos re: Chicago Steak & Fish liquor license Community Development Department Town of Los Gatos 110 East Main Street Los Gatos, California 95032 July 25, 2008 We are writing to you in regard to the new restaurant our family is opening here in Los Gatos. It will be called Chicago Steak & Fish and is located at 330 North Santa Cruz Avenue at the site of the former Transylvania restaurant. Many years ago, our family moved to this area from Chicago. It has been our goal to one day open a friendly, intimate and affordable restaurant here similar to the ones we loved as we were growing up in the neighborhoods of Chicago. ABOUT US: This will be the second restaurant our family will operate in on North Santa Cruz Boulevard. For some 16 years my brother Pete ,Tillo and other members of our family have owned and operated Gardino Fresco, located just north of the Los Gatos Theater. We are proud that we have earned an excellent reputation for serving local residents and for contributing to the betterment of our community thru our support of local charities and local youth groups. Gardino' s is the sort of restaurant that has a great following of local residents, many of whom eat in our restaurant several times a month. In all the years Gardino's has been open, there has not been a single time the police have been summoned - indeed, there has never been an incident or problem of any sort. This is exactly the way we plan on operating our new Chicago Steak & Fish restaurant. We plan on building a strong local following with a continued commitment to be long term contributors to the town. Jul 25 Oo 12.12p LIQUOR LICEi`1SE SERVICES L 408-999-C 73-4 p 3 My husband, Michael Machado, is the Dean at Valley Christian High School. He is a career educator and administrator. He has also served as head football coach for the past. 12 years. Prior to that, he served in a similar capacity at Saratoga High School for 12 years. He holds a bachelor's degree in public administration from the University of Sacs Francisco and a state teaching credential. For the past 14 years, I have served as a corporate finance director after receiving my bachelor's degree in the administration of justice from San Jose State University. I left the corporate world several months ago to pursue our dream of operating a small business here in Los Gatos; and I am most excited about this new phase my life and career will enter. OUR REQUEST. We respectfully request that the Town of Los Gatos grant an upgrade to us to a Type 47 Liquor License to serve with meals in our new restaurant, and to allow us hours to the maximum Los Gatos permits. Open Sunday till through Thursday from 10 am to 11:00 pm with alcohol served with meals to 11:00 pm • Open Friday and Saturday 10:00 am to 1:00 am with alcohol served only with meals to 1.00 am. We are planning to keep the same number of seats - 32. We want to strongly emphasize that we do plan on running a restaurant, not a bar. We will not have a separate bar area; and liquor will be served before, during and after normal dining. Thank you for your consideration. Soseek Machado Partner Chicago Steak & Fish 33C North Santa Cruz Avenue Los Gatos, California 95030 408.393.5950 A5i Est 5, -08 l.11iwi F Nlcsele'.l CF vi Town of Wos Gal--s Assistant Planner Re: Chicago Steak and Fish Dear NI;. Mcseley, Please inclucde this letter it those materials tc be Included in. t e staff report on this apOhcatl0. This letter addresSEs those issues related to the issuance of a condivonal use pe.-mit which allavvs Tor the service of alcoholic beverages after 10 PM. Although this may be soni&,vhat repetitive of other materials submitted on behalf of the applicant, it is important to focus on Me central therne of Chicago Steak and Fish - it is first and foremost to be a restaurant providing excellent food service to Los Gatos and its visitors. This primary goal needs to be supported by the ahihty t- serve and sell alcoholic beverages after 10 PM V/ill laic night service adversely impact the adjacent residential neighborhoods? We believe that there will be rtio adverse impact on these neigl°borf ood;. The orientation of the restaurant is removed from ac;acent residenl_ial n i_~ borl:oads. The restaurani is also near to the location of the Baker's Square restaurant, which is no:`: loseL'. 50, tht additior of this restaurant with lace night serJice, it the location or a former restauran,:, -will not negatively impact ad Scent neighborilonds. Does the applicant have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy? There is no such history. This applicant's family has ovined and operated C>?.rdino Fresco on North Santa Cruz Avenue for 16 years. During that time, there have been no complaints or acts of non-cornplia rice with the Alcoholic Beverage Policy. This applicant has the benefit of that knowledge, experience and support in operating this restaurant in full compliance with all. ordinances, reguiaticns and policies. Chicago Steak and Fish Nill offer a clear benefit to the community by providing iate night food and beverage service. There are a number of persons in Los Gatos who would seek out the food service provided by Chicagn Steak and Fish, including ennployces of other establishments who get off of we: k at 10 PM and visitors to the area deslrinw a late night meal. The rnenu offerings of our restaurant wili ce more affordable than otfier rec-t3urants i the immediate area. EXHIBIT 6 M, . Tar^.i Mcsemv August 5, 2CM Page 2 Acjci t"onaJ , this late ^ighr s2r'/'ce `ON aiso MN Gaatmns of Magri Steak and ::ish to continue tc. ~e s_ neu akoho#ic beverages when My nwe staked be fend the W Phil muff. Thank you for your consic!eratic,,r,. Scsiek Nlachat'o. Pa tr',e` LU5 Gams, CahhrmQ PSG30 K8 193 S05., Recap of Comments in Support of Amendment to the Conditional Use Permit 1) Looking forward to good times! (San Jose) 2) Wow! Great news. Will check it out! (Los Gatos) 3) Every time I visit Gardino's when I'm in town, have a great experience! I look forward to eating and drinking a cocktail at the new steakhouse (Los Gatos) 4) Forbes Mill has one, Why not Chicago? (Los Gatos) 5) Ability to stay competent with other restraints. (Los Gatos) 6) I'm looking forward to trying the new restaurant. (Los Gatos) 7) Liquor is OK! (Los Gatos) 8) We need another steak house. (Los Gatos) 9) Drink Up! (Los Gatos) 10) 1 strongly support a fair playing field for Machado and Pete (Los Gatos) 11) 1 support Soseek & Pete and am confident in their ability to responsibly run a restaurant with a full liquor licence! (Los Gatos) 12) We need another food place to enjoy wine and dinner. (Los Gatos) 13)1 like Martini with my steak (Los Gatos) 14) Cocktails would enhance the restaurant. (Los Gatos) 15) What's a steakhouse without cocktails? (San Jose) 16) A great family. (Los Gatos) 17) It will be a Well run restraint. (Los Gatos) 18) This town needs more reasonably priced and family oriented steak and fish restraint. (Los Gatos) 19) Great addition to the town! (Los Gatos) 20) Give them an upgrade we need the competition. (Los Gatos) 21) Having upgraded liquor license will provide a much needed boost to the slipping Los Gatos economy. (Santa Clara) 22) We need a good steak house. (Los Gatos) 23) Please support those who bring great food, culture, environment and service together! (Los Gatos) 24) These are quality people with great food and honesty. (Los Gatos) 25) These are great restauranteers. They ran a good business. (Los Gatos) 26) Very delivering business. (Los Gatos) 27) Invite us to the grand opening! (Los Gatos) 28) Great food! (San Jose) t 29) We need another place to drink and dine. (Los Gatos) 30) Great idea for a new restraint in Los Gatos (Saratoga) ~H411 31)Yum1 (Danville) OF LCS ~ 32) Very good food. Wish you guys the best of luck! (Santa Cruz) 33) Give it to em! (Watsonville) 34) A great addition to Los Gatos. (Los Gatos) 35) Please proceed with license We need another affordable steak house in town (Los Gatos) Sce/•4;~%~e-T cam" L r auyL CHICAGO STEAK & FISH 330. N SANTA CRUZ AVE LOS GATOS, CA 95030 36) Please proceed with license would love to have a martini with my adult dinner (Los Gatos) 37) We need (desperately) a good fair priced steakhouse in town! (Los Gatos) 38) Positive contributor provides for our town. (Los Gatos) 39) Very responsible + always provide excellent service. (Los Gatos) 40) Great and Responsible people. 41) Excellent service + quality on a consistent basis. (Los Gatos) 42) Responsible community members + it would be a great addition to the town. (Los Gatos) 43) Much needed in Los Gatos affordable steak and libation. (Los Gatos) 44) 1 love There other restraint. (Los Gatos) 45) We needed another steak house. (San lose) 46) Will be much better than the other steak house. (San Jose) 47) Excellent food, Great service asset to Los Gatos. (Los Gatos) P 71 PETITION OF SUPPORT Liquor license upgrade ' - - - For Chicago Steak & Fish Restaurant PRESENTED TQ THE LOS GATOS TOWN COUNCIL. Soseek Machado and her husband Michael, with the help of their brother Pete Jillo and other family members, plan on opening and operating Chicago Steak & Fish at 330 North Santa Cruz Avenue in downtown Los Gatos. We support their request for an upgraded liquor license that will enable them to serve cocktails with meals at their new restaurant. Respectfully submitted, Name: ! i _ a \1 Address: I Comments (optional): t Name: Address: Comments l (optional):a\? l POLICY REGULATING THE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES 1. Purpose The consumption or service of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents. This policy provides parameters for alcoholic beverage service, particularly addressing late night service when alcohol related incidents are most likely to occur and when the disturbances to Town residents is least tolerable. The service of alcoholic beverages, with or without meals, past 10 PSI is a discretionary privilege to be determincd on a case by case basis. The 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 centers in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or schools, the concentration of establishments in an area serving alcoholic beverages or for other reasons that may arise at the public hearing. The deciding body may approve a conditional use permit to serve alcoholic beverages based on the merits of the application and subject to the following requirements: II. 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 maybe allowed if standards and a permit process are adopted. 4. Alcoholic beverage service for new conditional use permit 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 holidavs. An existing establishment with a conditional use pen-nit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. EKAxBZT 7 Town of T.os Gatos Alcoholic Beve;•ace Policy Page ' of 4 5. Anv 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 ()"the Chief of Police, periodic meetings will be conduc°Ltd ,N,ith 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 permit to serve alcoholic beverages past IOPM A. Late night ser<?ic: will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a hi story ofcomplaints and non-compliance with local ordinances or the Alcoholic Beverago Policy. C. The applicant has demonstrated a clear benefit to the community. A meal is defined as a combination of food items selected from a m-nu (breakfast lunch or dinner). Appetizers such as popcorn; nachos, pretzcls, potato skins.. relish travs, etc. (hot or cold) are not meals. 8. Alcoholic beverago service in approved outdoor seating areas ma be permitted if adequate separation from public aroas is provided as determined by the Town )Manager. The separation shall clearly sug`est that alcohol is not allowed outside the restaurant seating area. T'o•,i,n of Los Gatos Alcoholic Beverage Policy Pa-e 3 o{4 111. Specific Police Restaurants: Alcoholic beverages may only be served with meals. Restaurants ~Vith Separate Bars: Alcoholic beverage service is pennitted in the dining area only in conjunction with meal service. '-Seal service shall be available until closing or I I PSI Sunday through Thursday and until 12 midnight Friday, Saturday, holidays and evenings before holidavs, whichever is ;earlier, if late night bar service is available. Specific hours of operation for each establishment are determined upon issuance of a conditional use permit. I`-. Review Process Proposals for new bars or restaurants with bars and all requests for new alcohol service or a change to existing service shall be reviewed by the Planning Commission. The Commission will make a recommendation to the Town Council and the Council shall have final 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 Community Development shall contact the new business owner to make them a~xare of the conditions of approval attached to the Use Permit for the location. b. One year following issuance of a business license, surrounding impacted property owners shall be notified and anv comments regard= the operation of the business shall be solicited. C. If the Director of Community Development becomes aware of any alcohol related impacts on the surroundin2 neighborhood, the Director shall review the operation of the business to determine whether there is a violation of the use p°.iT:it. Toivr: of Los Grea s .41coholic Bt-;-cra,-,c Pollen Page 4 of 4 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 29.20.3 10 of the Zoning Ordinance. C. Pursuant to Section 29.20315 of the Zoning Ordinance the Planning? Commission may revoke or modify the conditional use permit if it finds that sufficient grounds exist. IN'. Enforcement All conditional use permits issued to establishments for alcoholic beverage service on-sit:: shall be subject to Section 29.203 18(b) of the Town Code authorizing the Town ?Manager to take enforcement action 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 29.20.318(b) of the Town Code will be based on, but not limited to, the following factors: 1. The number and types of calls for service at or near the establishment 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; y III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; N. 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. .=tJ Ei`:`SL`~ANNOiCuwotd8r o'Eiccs`2001a!cnnoi oui~cr wpd IN W S p O W ~ S O , 0 0 r z a~ s EXHIBIT 8 330 N SAN'T'A CRUZ AVE LOS GATOS, CA v ,I l~ FRONT PATIO AREA - CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. V$~ y tt LOS GATOS, CA 5 h~ }.I J 4 W4~ ENTRANCE NEXT BLDG CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. LOS GATOS, CA ALLEY BETWEEN CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. LOS GATOS, CA i 7 _r~ gm . -5 f~ • y ' C ~ 1i' ~4 i ;r - i i i E ALLEY WEST VIEW EAK & FISH CHICAGO ST CRUZ AVE. 330 N SANTA : f s f LOS GATOS, CA I i~ ENTRANCE O CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. LOS GATOS, CA i _ SIGN OF BUSINESS SOUTH CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. LOS GATOS, CA BUSINESS SOUTH OF CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. LOS GATOS, CA Y riY 6 * } i ~T "ITT - -Ammmmm~_- - SUSHI ` 0KOHAH4f«_X111 LOS GATOS, CA I s "1 11 11% BUSINESS NORTH OF CHICAGO STEAK & FISH 330 N SANTA CRUZ AVE. 7-.-'- Now ro«VN of Los GATOS ITEM NO.: 7777- PLANNING Qos Nketing Datc: September 10, 2008 PRLKXRFD B : \larrli I- Nloselc\. \<,istant Planmr \11111 1C VI ION \O: L -0-111( LOCAIR)N: 330 North Santa Cruz Aienuc (Last side of N. Santa Crui North of Peilieoat l anc) \111TIC:\\'l : N[.S.D RC>taurant CO. 1 LC 1)1z()I'l'.R FY O\\ NE R: \ICldinlar 1.1 C CON "t AC 1 PLItSO\: Rlehard Cole (-tll8 ) 297-2~87 :\I'N1.1C.':\ 1 ION St \-I\l:\RY: RCquCStints approval (o Modify a conditional use permit to aklo~\ lull IiLIuor ;e]-\ icC ith nlodiIled hours of Operation on a property zoned C- 2.:\PN: 5240415 DEL\11-=D C'O\IPI.I'.T1 :.iuk ?-l. 2009 1-1\_\[. I).\'l'I" TO '1 .\Kl-: A\ 'TIOti: 3,111L I-y 14. X009 EXI €113Its: 1-9. Pl-C iousl\ rccei\td IO. Letter lrom ncWhNws (one page) rereiwd at :August 27. 2008 Pianninfg ('onlmission meting. DISCt'SSIO\: Ihis item was continued to d i agwWa a there w; not enough time to hem the aI?lliemion at the August 27. ?OOS nleedng. letter 1r in the ndghbors mas received by Mall during the Planning Commission meeting on August 27. 20)5, US letter "as t«r"Ardal to the applicant and is attached as L\hlblt 10. r- Prcrared b : .\hprox ed try : / \111'11i L. \losclc~ Cl-\1 << J Ilad Lortz..-\ICP \s;i,tant Planner Direetol' of C'onlmunit~ DC\CIopmCnt I3\I.:\1\]:mde ec: %I.S.D. Restaurant Co. LLC. > 10 \orth Sarlt,l 0-UZ :\\Cnue. I-0-; Ciatos. CA 95010 \leldimar ITC. 1401 Martin .\\c. S,uiut Clara. Ca 95050 1 ATTACHMENT 5 A1 , ~k (wc(_ To the Los Gatos P 'c r ing Commission: We. the residents of Almendra Avenue. ish to protest the proposal b. 330 N. Santa Cruz :Avenue (Chicago Fish and Steak) to extend its hours of operation at night until l 1:00 p.in. from SUndw, through Thursday and until 1:00 a.m. Frida', and Saturda\ Almendra Avenue is a mostly residential area, with man\ small children. Chicasfo Fish and Steak. althou4oh on Santa Cruz Avenue. is directIN at the end of Almendra Avenue. The Almond Grove area is a desirable area for families because it is safe and pleasant for children. While eve %~ant to see the businesses on Santa Cruz Avenue succeed, we feel that the business should seek to maintain the quality of life of the residents. We feel that this request b} Chicago Fish and Steak would harm that qualit} of life in these wavs: Parking There is limited monitoring of parking on Almendra. Although parking is not allowed on our street after 6:30 p.m., we've had many issues «ith cars remaininSa on our street until late at niuht, due to limited parking patrols. With the restaurants' increased hours, this would be an even greater problem. This would limit the parking available to residents of the street, who have paid for permits to park in front of their own houses. Also, the people returning to their cars late at night can be noisy and disrespectful to sleeping, residents. Issues with current eating/alcohol establishments Another local eating and alcohol serving establishment is open until 2:00 a.m. on Bachman Avenue. Despite a very responsive attitude from the owner, the residents of Almendra have experienced: • Noise keeping residents awake • Disposing of bottles (sounds of breaking glass) in the early hours of the morning • Patrons leaving the establishment intoxicated, yelling obscenities as they return to their cars, which often wake children up • The police not able to monitor disturbances unless phoned by a resident We aren't seeking to prevent Chicago Fish and Steak from serving C:1)nerelN to limit its hours of operation. bUIL ,n Thank you. aw- 4, 2 &C a3l Q C> iAj a as9 Ifiw4, Nt ~F/ r e u r 4 Y} / t. z i„{i EXHIBIT 10 o Q ~ N CT] Q3 o ° m o cG ~j C, M C - ro a om C_ r L W En W ^ l W ~ W 4) ro O O o _0 0 L v ° U O v c~ a ro O ° (4 0 Z Z Z CD Q Q Q_ Q Q Q_ iy Q_ Q d d c- 0. a Q Q Q_ Q Q Q Q Q Q N O Q O O O O a Q 0 0 0 0 d O CD 0 0 0 0 0 0 O 0 U LL d r d N U r r C) U r U N - U d - U d Y U CN U d U O r CD U 0 O Q N a N 0 0 N 0 CV d N d N O CN d N N a_ ¢ a_ a_ a_ a_ a_ a_ a_ a_ a_ Q_ Q_ a_ a_ Q Q_ Q Q Q Q -C F-- O O O a 0 0 a U U U U U O C) Q Q a a 0 a 0 0 0 ° C U C Q U r Q N Q r r a r r a r r a r r a O - a Q - a Q a a a r 0 r 0 O d (D O C) N U t- U N U N 0 N 0 N 0 N C} N Cl) r r r Q U r 7 N V N V o0 co c9 M 1-- ~ 1-- 0 1- M 't U w V ~ D 1~ ;I- V O O O D U U U U O O O O O Q a a M UA C) O C) C> O CD CD CD CD o CD O CD CD CD d CD 0 C aM (D M M M M M M ro O N N N N N N N N (N N N N N N N r N r r r r r r J L O co o ° ) 0 U CY) N C C (13 N C3) 0 w -0 a) cc CL 0 0 0 V) o L) ca . ro ~ m O 73 L U (d C T [t5 UJ m _ vs O _ c4 C Z Q) (L) S6 4l O O (D o u _ O C C L N C Q C t~ C (b O ro O C O c~ 4 (C C4 O CO (d C C O A LL H U ` ~ Q ❑ cn U U U Z 0 O C~ CD C) > U) N Q a} 7 Q Q1 co Q Q) O O O 7 tli Q Q (n L Q Q v > Q 7 N N N N U) N Q Q N Q L O N U U C L cll U s 4? 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