04 Staff Report - 440 North Santa Cruz Avenue
MEETING DATE: 01-20-09 AGENDA ITEM: y COUNCIL AGENDA REPORT DATE: JANUARY 13,2009 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN SUBJECT: 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 (ALDO'S DELI) ON PROPERTY ZONED C-I AND
TO APPROVE OUTDOOR SEATING (TWO SEATS); APN: 529-07-094; CONDITIONAL USE PERMIT: U-08-15; PROPERTY LOCATION: 440 NORTH SANTA CRUZ AVENUE PROPERTY OWNER: LOS GATOS SHOPPING CENTER, LLC;
APPLICANT: BARBARA LONSBURY 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-I and to allow outdoor seating (two seats). DISCUSSION: On December 15,2008, 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-I and to allow outdoor seating (two seats). The attached resolution finalizes that decision. Attachment: Proposed Resolution PREPARED
BY: ORRY P. KOIU3, TOWN ATTORNEY 01'K:LMBfwp 440 N_ S311la Cl1Jz(Aldo's Dclil.wpd] Reviewed by: Y"'1f;,wn Manager Q'v-:S Finance Rev:
1/13/09 9:49 3m Reformatted: 7/19/99 Assistant Town Manager Community Development Clerk Filell 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 (ALDO'S
DELI) ON PROPERTY ZONED C-I AND TO APPROVE OUTDOOR SEATING (TWO SEATS) APN: 529-07-094 CONDITIONAL USE PERMIT: U-OS-I5 PROPERTY LOCATION: 440 NORTH SANTA CRUZ AVENUE PROPERTY OWNER:
LOS GATOS SHOPPING CENTER, LLC APPLICANT: BARBARA LONSBURY WHEREAS: A. This matter came before Council for public hearing on December 15, 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 wishcd to testify or submit documents. Council considered
all testimony and materials submitted, including the record ofthe Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated November 19,
2008, along with any and all subsequent reports and materials prepared concerning this application. C. On November 12,2008, the Planning Commission approved the modification of an existing
Conditional Use Permit (CUP) for a restaurant (Aldo's Deli) at 440 N. Santa Cruz Avenue to allow an outdoor seating area (two scats maximum) for the joint use of Aldo's Deli and Starbucks.
D. On November 12,2008, the Planning Commission approved the modification of an existing Conditional Use Permit (CUP) for a restaurant (Aldo's Deli) at 440 N. Santa Cruz Avenue to allow
the service of beer and wine 011 property zoned C-l, for inside seating only. 1
E. Town Council finds as follows: I. Pursuant to Town Code section 29.20.190, the proposed use ofthe 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 allow the applicant to better compete with similarly situated businesses and enable
its continuing success. In making these findings, Council also incorporates the findings ofthe Planning Commission in recommending approval of this application. Any concerns about access
to outdoor seating by minors is addressed by a condition that limits alcohol service to indoor service. II. Pursuant to the Town Alcohol Policy, the applicant has an established positive
record of compliance with its conditions of approval and Town law. iii. The project is categorically exempt from environmental review pursuant to Section 1530I ofthe State Environmental
Guidelines as adopted by the Town. RESOLVED: 1. Application to modifY existing Conditional Use Permit U-08-015 is approved. 2. The Conditions of Approval attached hereto as Exhibit A
are adoptcd as thc Conditions of Approval of this pcrmit. 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 relieffi'om 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 shOlter timc as requircd by state or federal law. 2
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos, California held on the 20thday of January 2009 by the following vote. COUNCIL MEMBERS: AYES: NAYS:
ABSENT: ABSTAIN: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
ATfEST CLERK ADMINISTRATOR OF TI-IE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3
440 North Santa Cruz /U-08-015 December 15, 2008 RECOMMENDED CONDITIONS OF APPROVAL FOR: 440 North Santa Cruz Avenue Conditional Use Permit U-08-015 Requesting approval to modify a conditional
use permit to allow beer and wine service and allow outdoor seating on a property zoned C-l. APN: 529-07-094 PROPERTY OWNER: Los Gatos Shopping Center LLC APPLICANT: Barbara Lonsbury
TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Plmming Section) I. APPROVAL: This application shall be completed in accordance with all of thc conditions of approval listed below m1d
in substantial compliance with the plans approved and noted as received by the Town on June 23, 2008. Any changes or modifications to the approved plans and/or business operation shall
be approved by the Community Development Director or the Plmming Commission/Town Council, depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Conditional Use Permit
will expire two yems 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. USE: The approved use is a high turn over sit down restaurant. 4. HOURS OF OPERATION: I-lours of operation shall not exceed 11 :00 am to 9:00 pm daily. 5. SEATING: A maximlU11 of
twenty two (22) seats are allowed inclusive of indoor m1d outdoor seating. A maximum of two of the twenty two seats may be placed in the outdoor seating mea adjaccnt to 442 N011h Sm1ta
Cruz Avenue. 6. OUTDOOR SEATING: The outdoor seating shall be approved by Town staff prior to installation to ensure that the furniture is complimentary to the existing Starbucks furniture,
but will be easily distinguishcd for patron use. There shall be no alcohol permitted in the outdoor seating area. 7. ACCESSIBLE SEATING: The applicm1t shall provide accessible seating
which complies with current building codes. 8. ALCOHOL SERVICE: The service of alcoholic beverages is permitted only with meals. A meal is defined as a combination of food itcms selected
from 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. No "off sale" of alcohol
beverages is permitted. 9. TAKE OUT: Take out food shall be served in recycled material containers. 10. UTENSILS: All beverages and food served on site shall be served on reusable materials.
I!. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the EXHIBIT A
440 North Santa Cruz I U-08-0 15 December 15,2008 applicant receives n.lture approval of live entertainment. 12. 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 PlaIming Commission may direct that
a public hearing be held to review the permit as specified in Section 29.20.310 ofthe Town Code. 13. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been graIlted is discontinued for a period of one (l) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 14. 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 aIld entitlements whether or
not expressly set forth in the approval. TO THE SATISFACTION OF THE CHIEF OF POLICE 15. 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. 16. CONSULTATION AND TRAINING: At the discretion of the Chief of Police,
periodic meetings will be conducted with representatives fi'om the Police Department for on-going employee training on alcoholic beverage service to the general public. 17. TRAINING
MANUAL: The restaurant operator shall use an employee training maI1Ual that addresses alcoholic beverage service consistent with the staIldards of the California Restamant Association.
18. DESIGNATED DRIVER PROGRAM: The restamant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 19. POSTING
OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 20.
TABLE SERVICE: Food ordered at the counter shall be delivered to tables by rcstamant stalT. Table service is mandatory to maintain the High Turnover SitDown Restaurant use assumed in
the traffic impact fee calculation. 440 NSC.doc