2008-047- Approving A Request To Modify An Existing Conditional Use Permit To Expand An Existing Quality Restaurant With Full Liquor Service Only With The Service Of Meals Into The Adjoining Tenat SpRESOLUTION 2008-047
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO .MODIFY AN EXISTING CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING QUALITY RESTAURANT WITH FULL LIQUOR
SERVICE ONLY WITH THE SERVICE OF MEALS INTO THE ADJOINING TENANT
SPACE CURRENTLY OCCUPIED BY A RETAIL WINE SHOP ON PROPERTY
ZONED C-2.
APN: 529-04-053
CONDITIONAL USE PERMIT: U-08-003
PROPERTY LOCATION: 364-368 VILLAGE LANE
PROPERTY OWNER: JOAN FRANK, FRANCK FAMILY TRUST
APPLICANT: GLOBAL GRAPE L.P.
WHEREAS:
A. This matter came before Council far public hearing on Apri121, 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 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 April 15, 2008, along with any
and all subsequent reports and materials prepared concerning this application.
C. On March 12, 2008, the Planning Commission recommended approval of an
application to amend a Conditional Use Permit (CUP) for a fine dining restaurant with full liquor
service only with the service of meals to extend that service into the adjoining retail space.
D. Applicant seeks approval to modify its CUP to allow for expansion of its
restaurant and the service of full alcohol only with the service of meals into the adjoining 571
square foot retail space, increasing the maximum number of seats from 96 to 105, and extending
the operating hours to include all hours from 11;30 am to 11;00 pm Sunday through Thrusday
and 11:30 am to midnight Friday and Saturday
E. Town Council finds as follows:
Pursuant to Town Code section 29..20.190, the proposed use of the
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 encourage
economic and social activity consistent with asmall-scale, small town atmosphere and image.
Modification of the CUP will have the community benefit of establishing a late night fine dining
opportunity in the Town and the. restaurant will be operated consistent with its membership in the
Bay Area Green Business Program.
ii. Pursuant to the Town Alcohol Policy, the applicant has an established
positive record of compliance with its conditions of approval and Town law, there is no evidence
that late night service will adversely impact adjacent residential neighborhoods, and lastly,
Council finds that the applicant has demonstrated a clear benefit to the community as
demonstrated in the findings above made pursuant to Town Code section 29.20.190, which are
fully incorporated herein.
iii. The project is categorically exempt from environmental review
pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town.
iv. The proposed use is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the Council
Agenda report dated April 15, 2008.
RESOLVED:
1. Application U-08-003 is approved.
2. The Conditions of Approval attached hereto as Exhibit A are adopted as the
Conditions of Approval of this permit.
2
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 relief from 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 shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 5u'` k day of N(Qy 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:.
GATOS
ATTEST:
LER OF THE TOWN OF LOS GATOS
LO GATOS, CALIFORNIA
3
364-368 Village L~...: / U~08-003
April 21, 2008
RECOMMENDED CONDIT>[ONS OF APPROVAL FOR:
3G4-368 'Village Lane
Conditional Use Permit X7-08-003
Regr~esting approval to modrfy an existing Conditional Use Permit to expand an
existing quality restaurant (Caf6 Marcella) with full liquor into the adjoining .space
enrrently oeeYrpied by a retail wine shop on property zoned C~2. APN: 529-04-053
PROFERTY OWNER: The Franck l-+"amily Trust
APPI.,ICANT: Global Grape L. P.
TO THE SATISFACTION DF 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 r~vith the approved
plans {received February 19, 2008), Any changes or modifications made to the
approved plans shall be approved by the Director of Com.naunity Development or the
Planning Commission, depending on the scope of the changes.
2. MODIFICATION OF BAR: The existing bar shall be maintained as laid out on the
.approved plans (received on February 19, 2008); any expansion will require approval
fiom the appropriate decision making body.
3. LAPSE FOR bISCONTINUANCE: If the activity for which the Conditional Use
Permit lags been granted is discontinued far a period of one {1) year the approval
lapses.
~1. NUMBER. OF SEATS: The maximum number of seats for the restaurant shall not
CXCeeCI I O S ,
5. IIOURS OF OPERATION: Maximum, hours of operation fox the xestauxant shall be
11:30 a.m. to 11:00 p.1aa. Sunday thru Thursday and 11;30 am to 12;00 midnight
Friday and Satuxday.
6. ALCOI~OL SERVICE: '1'he service of alcoholic beverages is perrtaitted 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, eta (laot or cold) are not meals.
7. EXISTING BAIZ.: The service of alcoholic beverages at the existing bar is permitted
only with meals,
8. LIVE ENTERTAINMENT; Live entertainment is prohibited.
9. TRICE OUT SERVICE: There shall be no dedicated walk up counter.
10. REVIEW: One year fi•o~aa the approval date the Town Council shall conduct a xeview
of the Conditional Use Permit. The applicant shall sub~aait information demonstrating
a clear corinaaaunity benefit as required by the Town's Alcohol Policy for alcohol
service beyond the hours of 10 pm, and shall specifically include the following:
^ The applicant has received membership in The Bay Area Green Business
Program, and
^ There has not been an adverse impact on tlae xaeaxby residences.
EXHIBIT A
364-368 Village Lane / U-08-003
Apri121, 2008 _-
TO TIDE SATISFACTION OF TIIE CT~TEF OF POLICE;
11. 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,
12. 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,
13. 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.
14. DESIGNATED DRIVER PROGRAM; The restaurant operator shall actively promote
a designated driver program. such as complimentary non-alcoholic beverages for
designated drivers,
15, POSTING OF `T'AXICAB TELEPHONE NUMBERS: 'T'axicab telephone numbers
shall be posted in a visible location.
TO TIIE SATISFACTION OF TIIE DIRECTOR OF PARKS ANA PUBLIC WORDS;
(Engineering Division)
L6. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specil:leations. All work shall
conform to the applicable Town ordinances. The adjacent public right-of way shall
be kept clear o[' all job related dirt and debris at the end of the day. Dirt and debris
shall not be washed into storm drainage facilities. ~ The storing of goads and materials
on the sidewalk. and/or the street will not be allowed unless a special permit is issued.
The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right-of--way according to this condition may
result in the Town performing flee required maintenance at the developer's expense.
17. ENCROACIIMENT PERMI'T'. All work in the public right-of way will require a
Construction EXacroachment Permit. All work over $5,000 will require construction
secuxity.
18. PUBLIC WORKS INSPECTIONS. The developer or his. representative shall notify
the Engineering Inspector at least twenty-four .(24) hours before starting any work
pertaining to on-site drainage facilities, grading or paving, and all work in the `T'own's
right-of-way. Failure to do so will result in rejection of work that went on without
inspection.
I9, RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing impxovements not designated for removal that are damaged or
removed because of developer's operations, Improvements such as, but not limited
to; curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, etc, shall be repaired and replaced to a condition
equal to or better than the original condition. Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request awalk-
through with tl~e Engineering Construction Inspector before the start of construction
to verify existing conditions,
364-368 Village Lar~~ / U-08-003
Apri121, 2008
20. CONSTRUCTION NOISE, Between the hours of 8:00 a.m. to 8:00 p.m., weekdays
and 9:00 a.m. to 7:00 p.m, weekends and holidays, construction, alteration or repau•
activities shall be allowed. No individual piece of equipment shall produce a zxflise
level exceeding eighty-frve (8S) dBA. at twenty-frve (25) feet. If tlae device is located
within a structure on the property, the measurement shall be made at distances as
close to twenty-five (25) feet from the device as possible. The noise level at any
point outside of the pzopeaty plane shall n,ot exceed eighty-fzve (85) dBA.
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