04 Staff Report - 565 University AvenueMEETING DATE: 11-17-08
toNN 0 AGENDA ITEM:
cos GAtos COUNCIL AGENDA REPORT
DATE: NOVEMBER 5, 2008
TO: MAYOR AND TOWN COUNCIL v
FROM: ORRY P. KORB, TOWN ATTORNEY t'
SUBJECT: RESOLUTION GRANTING APPROVAL TO AMEND AN EXISTING
CONDITIONAL. USE PERMIT TO MODIFY THE HOURS OF OPERATION FOR
AN EXISTING BOCCE BALL FACILITY (CAMPO DI BOCCE) ON PROPRWI-Y
ZONED LM. APN: 529-07-096; CONDITIONAL USE PERMIT APPLICATION:
U-08-008; PROPERTY LOCATION: 565 UNIVERSITY AVENUE; PROPERTY
OWNER: CAMPO Di BOCCE OF I.OS GATOS, LLC.; APPLICANT: CAMPO DI
BOCCE/TOM ALBANESE
RECOMMENDATION:
Adopt resolution granting approval to amend an existing conditional use permit to modify the
hours of operation for an existing bocce ball facility (Camp Di Bocce) on property zoned LM.
DISCUSSION:
On November 3, 2008, Council considered and voted to approve an amendment to the existing
conditional use permit modifying the hours of operation for an existing bocce ball facility
(Carnpo Di Bocce) on property zoned LM. The attached resolution finalizes that decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by:.//Town Manager ~j Assistant Town Manager Clerk
Finance )6kf,- Coinmullity Developillent
Rev: 11/11A)8 8:33 am
Reformatted: 7/1919
Fileri 301-(45
RESOLUTION
RESOLUTION GRANTING APPROVAL TO AMEND AN EXISTING CONDITIONAL USE
PERMIT TO MODIFY THE HOURS OF OPERATION FOR AN EXISTING BOCCE BALL
FACILITY (CAMPO DI BOCCE) ON PROPERTY ZONED LM.
APN: 529-07-096
CONDITIONAL USE PERMIT APPLICATION: U-08-008
PROPERTY LOCATION: 565 UNIVERSITY AVENUE
PROPERTY OWNER: CAMPO DI BOCCE OF LOS GATOS, LLC
APPLICANT: CAMPO DI BOCCE/TOM ALBANESE
WHEREAS:
A. This matter came before the Town Council for public hearing on November 3, 2008,
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 November 3, 2008, along with any and all
subsequent reports and materials prepared concerning this application.
C. The applicant seeks to modify the hours of operation for an existing bocce bail
facility (Campo Di Bocce) on property zoned LM. Currently, the applicant's approved hours of
operation are Sunday through Wednesday, 10:00 a.m.-10:00 p.m., and Thursday through Saturday,
10:00 a.m.-12:00 a.m. However, the applicant is requesting to modify the operating hours to Sunday
through Thursday, 10:00 a.m.-11:00 p.m., and Friday through Saturday, 10:00 a.m.-12:00 a.m.
D. On August 27, 2008, the Planning Commission considered the request to modify
the hours of operation for an existing bocce ball facility (Campo Di Bocce) on property zoned
LM. The Commission recommended approval of the request finding that the applicant is
demonstrating a community benefit by providing a late night dining and activity opportunity.
E. The Town's Alcohol Policy requires any change in the service of alcoholic
beverages to be approved by Council. Council reviews CUP requests for a change in alcohol
service on a case-by-case basis to ensure that the request is appropriate for the specific restaurant
and its location.
F. Council finds as follows:
Pursuant to Town Code section 29.20.190, the requested modification of an
existing CUP 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 changes to the hours of operation for an
existing bocce ball facility (Campo Di Bocce) on property zoned LM (1) will not adversely impact
adjacent residential neighborhoods, (2) is not precluded by a history of complaints and non-
compliance with local ordinances or the Alcoholic Beverage Policy, and (3) the applicant has
demonstrated a clear benefit to the community as a unique social and dining environment with
late night hours, This finding is based on the evidence presented in the Council Agenda Report
dated November 3, 2008, and incorporates the findings made by the Planning Commission on
August 27, 2008 regarding this application,
2. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
3. The proposed use is consistent with the Redevelopment Plan for
the Central Los Gatos Redevelopment Project Area (section 1V.B), as evidenced by the staff
report prepared for the public hearing on August 27, 2008.
RESOLVED:
The application for modification of CUP application U-08-008 is granted.
2. "fhe Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification of this permit.
3. The decision constitutes a final administrative decision pursuant to 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 Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of November 2008, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
3
RECOMMENDED CONDITIONS OF APPROVAL
Revised November 6, 2008
565 University Avenue
Conditional Use Permit Application U-08-008
Requesting approval to modify the hours of operation for an existing bocce ball
facility (Campo di Bocce) on property zoned LM. APN 529-07-096.
PROPERTY OWNER: Campo di Bocce Los Gatos LLC
APPLICANT: Campo di Bocce Los Gatos LLC/Tom Albanese
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 listed below. Any changes or modifications shall be
approved by the Director of Community Development, the Development Review
Committee, the Planning Conunission, or the Town Council, depending on the
scope of the change(s).
2. HOURS: Maximum hours of operation shall be 10:00 am to 11:00 pm Sunday
through Thursday, and from 10:00 am to midnight Friday through Saturday.
3. HOURS OF ALCOHOLIC BEVERAGE: The service of alcoholic beverages
shall not be permitted after 10:00 pm Sunday through Thursday and shall not be
permitted after 11:00 pm on Fridays, Saturdays, holidays, and evenings before
holidays. Holidays are those days defined by Section 1. 10.075 of the Town Code.
4. SEATS: The maximum number of indoor and/or outdoor seats permitted
Monday through Friday from 10 AM to 5 PM is 70. The maximum number of
indoor and/or outdoor seats Monday through Friday from 5 PM to closing and
during the Saturday and Sunday business hours is one hundred twenty (120)
provided both leases for the alternate use of parking at 573 University Avenue
and 536 N. Santa Cruz Avenue are in effect. If either of the leases for alternate
site parking is terminated, cancelled, or not extended, the maximum number of
seats permitted is seventy (70) if both leases are canceled, or ninety-five (95) if
only one lease is canceled. These seats shall be available for patrons of the food
service or waiting to play bocce.
5. SERVICE OF ALCOHOLIC BEVERAGES: Alcoholic beverages may only be
served with meals and is permitted for inside and outside seating. 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.
6. LITTER: The tenant shall monitor the outside seating area and dispose any litter
which is in the vicinity.
7. SIGNS: Large illuminated signs, meeting all Town Code requirements, shall be
installed in strategic locations to ensure that motorists are aware of the alternate
parking sites. Signs, meeting Town Code, shall also be placed at the entrance to
EXHIBIT A
both qff--site parking lots to assure patrons that it is acceptable to park in these lots
during certain hours.
8. MARKING ALTERNATIVE PARKING SPACES: Fifteen (15) parking spaces
in each lot shall be prominently marked as "reserved for patrons of Campo di
Bocce during the hours of 5:00pm to 11:00 pm Monday through Thursday, 5:00
pm through midnight Friday, 10:00 ain to midnight Saturday, and 10:00 am to
11:00 pin Sunday."
9. DIRECTIONS TO MOTORISTS: During peak times on Friday and Saturday
evenings from 7:00 pm to 10:30 pm, the applicant shall make a parking attendant
available who shall direct customers to one of two adjoining approved off-site
parking lots. Also, parking diagrams shall be handed out by the parking
attendants giving patrons clear directions to the adjoining approved off-site
parking lots.
10. LIGHTING: The applicant shall provide additional lighting in the parking lots of
the alternate parking site within 90 days of approval of this permit. This lighting
shall meet all Town requirements and the required permits from the Building
Department must be obtained.
11. LEASE AGREEMENTS: That in order to operate a bocce ball/restaurant facility
with one hundred twenty (120) seats during the hours of 5:00 pm to 11:00 pm
Monday through Thursday, fiom 5:00 pm to midnight Friday, and 10:00 am to
closing Saturday and Sunday, the applicant must at all tunes be a party to valid
and fully enforceable lease agreements, each allowing exclusive use of fifteen
(15) parking spaces during the hours of 5:00 pm to 11:00 pm Monday through
Thursday, 5:00 pm to midnight Friday, 10:00 am to midnight- Saturday, and 10:00
am to 11:00 pm Sunday at 573 University Avenue and 536 N. Santa Cruz
Avenue.
12. COPIES OF LEASES: Applicant shall lodge copies of each lease agreement with
the Town Comrrrunity Development Department within three (3) weeks of Town
Council decision, and shall lodge copies of subsequently revised, amended,
extended or otherwise modified lease agreements, including copies of any
correspondence exercising options, terminating or canceling the leases, within
five (5) working days after the agreements are signed by the parties or the
correspondence is mailed.
13. APPROVED USE: That the restaurant shall only be operated in conjunction with
a bocce ball operation providing at all times a minimum of five (5) bocce ball
courts, and may not be operated independent of a bocce ball operation without
obtaining a new variance allowing off-site parking for a restaurant use only, and a
modification of the existing use conditional use permit allowing the operation of a
full service restaurant independent of a bocce ball operation.
14. NEIGHBORHOOD MEETINGS: The business owner(s) shall meet with
surrounding neighbors at least twice a year for the first year, and as necessary
thereafter, to address any concerns. A record of attendants (naive and property
address) and issues discussed shall be kept on record by Campo di Bocce (or
subsequent business) and be made available for review at the request of the
Community Development Department. The terms `neighbors' and
`neighborhood' consist of the owners and occupants listed in the hearing
notification list which can-be found in the property file.
15. HOTLINE: A hotline for complaints shall be available and provided to all
neighbors. A record of callers (name and property address) and issues shall be
kept on record by Campo di Bocce (or subsequent business) and be made
available for review at the request of the Community Development Department.
The term `neighbors' consists of the owners and occupants listed in the hearing
notification list which can be found in the property file.
16. ONE YEAR REVIEW: Town staff shall review the Conditional Use Permit
within one year from approval to determine if there are any.problems associated
with the permit and report their findings to the Planning Commission. The
Planning Commission may direct that a public hearing be held to review the
permit as specified in Section 29.20.3 10 of the Town Code.
17. 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.
TO THE SATISFACTION OF THE POLICE CHIEF
16. GENERAL. The restaurant is 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 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.
f. Alcoholic beverage service in the outdoor seating area shall have adequate
separation from public areas.
g. A physical delineation in the form of landscaping or planters is required to
separate public and private property. The height of the separation shall be a
minimum of three feet. The separation shall be designed to prevent passing or
carrying alcoholic beverages outside the restaurant seating area. The separation
shall clearly suggest that alcohol is not permitted outside the restaurant seating
area.
h. A restaurant employee shall seat patrons in the outside dining area.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
17. The kitchen shalt be provided with an automatic fire extinguishing system for the
cooking appliances as may be required. Approved portable fire extinguishers
shall also be provided.
18. An approved manual and automatic fire alarm with an approved voice notification
system may be required depending on the seating count.
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