2009-129-14101 Winchester BlvdRESOLUTION 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: 406-30-015
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 win Lvice
on property zoned C-1.
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 Commis on
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 fmdings made by the Planning Commission on October 28, 2009, regarding this
application.
2. The project is categorically exempt from environmental review pursuant to
Section 15301 Class 1 of CEQA which exempts permitting an existing facility with no expansion
as adopted by the Town.
3. 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:
1. 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 215' day of December 2009, by the following vote.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt
NAYS
ABSENT:
ABSTAIN:
A ST:
CL RK DMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
SIGNED:
l~l~ ~~~
MAYOR OF THE TOWN OF LOS GATOS
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 fi°oin the adjacent public areas. Tl~e exterioi° n~odificatioiis
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: Take 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.
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