2000-028-Denying A Conditional Use Permit Application For Sale Of Wine For Off Site ConsumptionRESOLUTION 2000 - 28
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A CONDITIONAL USE PERMIT
APPLICATION FOR SALE OF WINE FOR OFF SITE CONSUMPTION
CONDITIONAL USE PERMIT APPLICATION: U-99-12
PROPERTY LOCATION: 16500 LARD AVENUE
PROPERTY OWNER/APPELLAN'T': FRANK DORSA
WHEREAS:
A. This matter came before the Council for public .hearing on March 20, 2000, on an
appeal by Frank Dorsa (property owner/appellant) from a decision of the Planning Commission and
was regularly noticed in conformance with State and Town law.
A. The Council received testimony and documentary evidence .from the appellant and
all interested persons who wished to testify or submit documents. The 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 March 7, 2000 and March
16, 2000, along with subsequent reports and materials prepared concerning this application.
B. The Planning Commission considered the application on January 26, 2000 to .sell
wine for off--site consumption. The Commission denied the application and found the request to sell
wine at the car wash to be inconsistent with the Town Code.
C. The appellant is requesting approval to sell high-end, unopened, premium wines for
consumption off-site. Wine sales will be in association with the other merchandise and .gift items
that are presently available in the boutique shop of the existing Classic Car Wash.
D. The applicant is appealing the Planning Commission decision because he believes
that the Town Code does not prevent issuance of a Conditional Use Permit and that the Commission
erred or .abused its .discretion and that the decision was :not based on evidence in the record.
E. Council finds as .follows:
i. That the appellant has made clear that the desire to sell .high-end, premium,
unopened, wines for consumption off-site is a convenience for the public, and
serves to provide a product. that is not currently available in the comm. unity.
ii. Thatthe proposed use will not impair the integrity and character of the zone.
iii. -That the purposed use will not be detrimental to the public health, safety or
general welfare.
iv. That there .are no findings required under Town Code section 29.20..197, as
this is a different use than was contemplated in the adoption of section
29.20.197 and that the boutique shop is not a convenience mart.
v. Pursuant to Town Code section 29.20.3 00 the Planning Commission did not
have the discretion to modify or interpret Town policy concerning the sale of
beer or wine at services stations in order to grant the Conditional Use Permit
to sell high-end, premium, unopened, wines at a car wash located on property
zoned CH.
RESOLVED.:
i . The appeal of the decision of the Planning Commission on Conditional Use Permit
Application U-99-12 is granted.
2. The conditions of approval found as Exhibit B to Attachment 3 of the Staff Report
on this item dated March 7, 2000 are hereby amended to read as set out on Exhibit A incorporated
herein.
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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 or federal law.
PASSED .AND ADOPTED at aregular meeting of the-Town Council of the Town of Los
Gatos, California .held on the 3`d day of April, 2000 by the following vote.
COUNCIL MEMBERS:
.AYES; Randy Attaway, Lnda.Lubeclc, Mayor Steven Blanton
NAYS: Jan Hutchins, Joe Pirzynslci
ABSENT.: None
ABSTAIN: None
`SIGNED:
ATTEST
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CLERK OF TI-IE TaWN OF S GATOS
LOS GA°TOS, CALIFORNIA
LOS GATOS
S:~ATY430.1 l
LOS GATOS, CALIFORNIA
EXHIBIT A
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Department)
1. Approval Expiration -This approval will. expire two years form the date of t11is
approval (January 26, 2002) unless the approval is used before expiration. Section 29.20.33 5 defines
what constitutes the use. of an approval granted under the Zoning Ordinance.
2. Sidewalks - No vehicles shall be parl~ed into or across .the public sidewall~.
3. Alcoholic Beverage -Only premium wine (those with a value of $25 or more) are to
be sold in the boutique shop. No alcoholic beverages shall be consumed on site.
4. Refrigeration - No alcoholic beverage shall be stored in a refrigerator or any form of
refrigeration unit.
5. Sales /Display Area -The boutique shop shall display the alcoholic beverages in an
area no bigger than 8' x LO'.
6. Bottle Openers - No cork screw type of devices, opening. devices, or bottle openers
will be sold on the premises.
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