03 Staff Report - 414-416 North Santa Cruz AvenueMEETING DATE: 11/02/09
AGENDA ITEM:
COUNCIL AGENDA REPORT
DATE: October 28, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY)
SUBJECT: ADOPT RESOLUTION APPROVING THE OPERATION OF A RETAIL WINE
ESTABLISHMENT WITH FOOD, BEER AND WINE SERVICE ON PROPERTY
ZONED C-1. APN: 529-07-047; CONDITIONAL USE PERMIT APPLICATION:
U-09-007; PROPERTY LOCATION: 414-416 NORTH SANTA CRUZ AVENUE;
PROPERTY OWNER: JIM ZANARDI; APPLICANT: MICHAEL
GUERRA/JOSEPH CANNISTRACI
RECOMMENDATION:
Adopt resolution approving the operation of a retail wine establislunent with food, beer and wine
service.
DISCUSSION:
On October 19, 2009, Council considered and voted to grant approval to a new application for a
conditional use permit to operate a retail wine establislunent with food, beer and wine service.
The attached resolution finalizes that decision.
Attaclunent: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN AToTiG,ICIAXATMesosgOrdsaeports\11-2-09RptRetWineEst414-416NSnntTCmz.wpd]
Reviewed by: _ own Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 10/28/09 11:54 am
Reformatted: 7/19/9 Reg 301-05
RESOLUTION
RESOLUTION APPROVING THE OPERATION OF A RETAIL WINE ESTABLISHMENT
WITH FOOD, BEER AND WINE SERVICE
ON PROPERTY ZONED C-1.
APN: 529-07-047
CONDITIONAL USE PERMIT APPLICATION: U-09-007
PROPERTY LOCATION: 414-416 NORTH SANTA CRUZ AVENUE
PROPERTY OWNER: JIM ZANARDI
APPLICANTS: MICHAEL GUERRA/JOSEPH CANNISTRACI
WHEREAS:
A. This matter came before the Town Council for public hearing on October 19, 2009,
and was regularly noticed in conformance with state and Town law.
B. Council received testimony and documentary evidence from the applicants 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 October 9, 2009, along with any and all
subsequent reports and materials prepared concerning this application.
C. The applicants seek approval to operate a retail wine establishment with food beer
and wine sei vice on properly zoned C-1.
D. On September 9, 2009, the Planning Commission considered the application. The
Town received written and verbal testimony in support of the application and nothing in
opposition. The Applicants' business in a neighboring community has not had any complaints in
its six years of operation. The Commission recommended approval with the modification to
condition three (3) allowing the service of beer.
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E. Council finds as follows:
i. 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 change in the service of
alcohol (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 applicants have demonstrated a clear benefit to the community. This finding
is based on the evidence presented in the Council Agenda Report dated October 9, 2009, and
incorporates the findings made by the Planning Commission on September 9, 2009, regarding
this application.
ii. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
iii. 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 October 19, 2009.
RESOLVED:
1. The application for CUP U-09-007 is granted. The Conditions of Approval attached
hereto as Exhibit A are hereby adopted as the Conditions of Approval for modification of this
permit.
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2. 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 2nd day of November 2009, 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
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RECOMMENDED CONDITIONS OF APPROVAL - October 19, 2009
414-416 N. Santa Cruz Avenue
Conditional Use Permit U-09-007
Requesting approval to operate a retail wine establishment with food, beer, and
wine service on property zoned C-1. APN 529-07-047.
PROPERTY OWNER: Jim Zanardi
APPLICANT: Michael Guerra/Joseph Cannistraci
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY 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
development plans and letter of justification approved and noted as received by
the Town on August 7, 2009 and July 23, 2009, respectively. Any changes or
modifications to the approved plans shall be approved by the Community
Development Director, the Development Review Committee, the Planning
Commission, or Town Council, depending on the scope of the changes.
2. EXPIRATION. The approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the approval has been
vested.
3. APPROVED USE. The subject approval is for a retail wine establishment with
food, beer, and wine service as generally described in the applicant's letter of
justification (Exhibit 5 of U-09-007 Staff Report).
4. HOURS OF OPERATION. Maximum hours of operation shall be Monday to
Wednesday 10:00 am to 9:00 pm; Thursday 10:00 am to 10:00 pm; Friday and
Saturday 10:00 am to 11:00 pm; Sunday 12:00 pm to 8:00 pm.
5. HOURS OF ALCOHOLIC BEVERAGE SERVICE. The service of alcoholic
beverages shall not be permitted after 8:00 pm Monday through Wednesday, after
9:00 pm Thursday, after 10:00 pm Friday and Saturday, and after 7:00 pm on
Sunday.
6. NUMBER OF SEATS. The maximum number of seats is sixteen (16), inclusive
of the tasting bar and private event room. Note: number of individuals on-site at
any given time is limited during specials events (see EVENTS condition),
7. EVENTS. Tasting events and/or classes exceeding eight (8) attendees shall be
limited to four (4) per month. During tasting events and/or classes, the maximum
number of attendees shall be limited to 25. The maximum number of individuals
on site at any given time shall be 30, inclusive of employees, instructors, or
presenters (based on ten (10) allotted parking spaces). Note: The maximum
number of individuals is not in addition to the maximum seating of sixteen.
8. ENTERTAINMENT. Live entertaizunent and amplified music in prohibited.
9. SIGN PERMIT. A Sign Permit from the Community Development Department is
required for any new sign or any change of face of an existing sign.
10. BUSINESS LICENSE. A business license is required prior to commencement of
use.
EXHIBIT A
11. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and
Occupancy is required prior to commencement of use.
12. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to
the County of Santa Clara Department of Enviromnental Health for review prior
to connnencement of use. The applicant shall provide a copy of the approval
from the County of Santa Clara Department of Enviromnental Health with the
Certificate of Use and Occupancy application.
13. TWO YEAR REVIEW. Town staff shall review the Conditional Use Permit
within two years from approval to determine if there are any problems associated
with the Permit and report their findings to the Planning Conunission. The
Plarming 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.
14. ALCOHOLIC BEVERAGE POLICY. The applicant shall be subject to comply
with any new requirements in the Town's Alcoholic Beverage Policy within two
(2) years from the commencement of operation.
15. 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, and may be
secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF OF POLTCF:
16. 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.
17. CONSULTATION AND TRAINING: 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.
18. TRAINING MANUAL: The restaurant operator shall use an employee training
manual that addresses alcoholic beverage service consistent with the standards of
the California Restaurant Association.
19. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers.
20. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
NADEV\C0NDITNS\2009WSC414 416.doe
EXHIBIT A