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2009-129-Granting A Request For Approval To Operate A Restaurant With Beer And Wine Service And Outdoor Seating On Property Zoned C-1.RESOLUTION 2009-129 RESOLUTION GRANTING A REQUEST FOR APPROVAL TO OPERATE A RESTAURANT WITH BEER AND WINE SERVICE AND OUTDOOR SEATING ON PROPERTY. ZONED C-1. APN: 40G-30-015 CONDITIONAL USE PERMIT APPLICATION.: U-09-007 PROPERTY LOCATION: 14101 WINCHESTER BOULEVARD PROPERTY OWNER: WINCHESTER ASSOCIATES APPLICANT: TOUGAS ENTERPRISES WHEREAS: A. This matter came before the Town Council for public hearing on December 7, 2009, 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 December 7, 2009, along with any and all subsequent reports and materials prepared concerning this application. C. The applicant seeks approval to operate a restaurant with food beer and wine service on property zoned C-L D. On October 28, 2009 the Planning Commission considered the application. The Town has received three written public comments against the proposal. The Applicant's businesses in a neighboring communities does not have any history of complaints and non- compliance with local ordinances or the Alcoholic Beverage Policy. The Commission recommended approval with the following changes to the modification to number three (3) because the service of wine and beer does not seem to present any problems. The Commission recommended approval with the following changes to condition number three which is as follows: "HOURS OF OPERATION: The hours of operation shall not exceed 11;00 a.m. to 11:00 p.m. Sunday through Thursday and 11:00 am to 12:00 a.m. Friday and Saturday as well as holidays. E. Council finds as follows: 1. Pursuant to Town Code section 29.20,190, the requested approval for a Condition Use Permit 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 applicant has demonstrated a clear benefit to the community. This finding is based on the evidence presented in the Council Agenda Report dated November 25, 2009, and incorporates the findings made by the Planning Commission on October 28, 2009, regarding this application. 2. The project is categorically exempt from enviromnental review pursuant to Section 15301 Class 1 of CEQA which exempts permitting an existing facility with no expansion as adopted by the Town. Town staff shall review the Condition Use Permit within one year from approval to determine if there are any problems associate with the Permit and report their findings to the Planning commission. As specified in Section 29.20.310 of the Town Code, the Planning Commission may direct that a public hearing be held to review the permit. RESOLVED: The application for approval of CUP application U-09-009 is granted. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for modification of this permit.. 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 21St day of December 2009, by the following vote. COUNCIL MEMBERS: AYES: Joe Pirzynslci, Steve Rice, Barbara Spector, Milce Wasserman, Mayor Diane McNutt NAYS; ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA T: MINISTRATOR TOWN OF LOS GATOS, CALIFORNIA RECOMMENDED CONDITIONS OF APPROVAL FOR: DECEMBER 7, 2009 14101 Winchester Boulevard Conditional Use Permit U-09-009 Requesting approval for a restaurant with beer and wine service and outdoors seating on property zoned C-1. APN 406-30-015. PROPERTY OWNER: Winchester Associates, LLC APPLICANT: Doris G. Tougas/Tougas Enterprises Inc. TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. 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 11:00 a.m. to 11:00 p.m. Sunday through Thursday and 11:00 a.m. to 12:00 a.m. Friday and Saturday as well as holidays. 4. SEATING: A maximum of one hundred and three (103) seats are allowed inclusive of indoor and outdoor dining areas. A maximum of 12 seats may be placed in the outdoor dining area. 5. OUTDOOR DINING AREA: The outdoor dining area shall be maintained and kept litter free. There shall be no exterior access to or from the outdoor patio. 6. OUTDOOR DINING BARRIER; A barrier around the outdoor .dining area shall be installed to provide clear delineation of the eating area, and to provide adequate separation from the adjacent public areas. The exterior modifications shall be reviewed through an Architecture and Site Application. 7. ALCOHOL SERVICE: The service of alcoholic beverages is permitted only with meals. 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. 8. TAKE OUT; Talce out food shall be served in recycled material containers. 9. UTENSILS: All beverages and food served on site shall be served on reusable materials. 10. LIVE ENTERTAINMENT: No live entertainment shall be permitted. 11. DELIVERIES.: Deliveries shall be limited to the hours of 7 a.m. to 6 p.m. 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. 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 CHIEF OF POLICE: 14. 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. 15. 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. 16. 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. 17. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 18. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:\DEV\CONDITNS\2009\14101 Winchester.doc