2008-125-Permit To Modify The Hours Of Operation For An Existing Bocce Ball Facility (Campo Di Bocce) On Property ZonedRESOLUTION 2008-125
RESOLUTION GRANTING APPROVAL TO AMEND AN EXISTING CONDITIONAL USE
PERMIT TO MODIFY'THE HOURS OF OPERATION FOR AN EXISTING BOCCE BALL
FACILITY (CAMPO DI BOCCE) ON PROPERTY ZONED LM.
APN: 529-07-096
CONDITIONAL USE PERMIT APPLICATION: U-08-008
PROPERTY LOCATION: 565 UNIVERSITY AVENUE
PROPERTY OWNER: CAMPO DI BOCCE OF LOS GATOS, LLC
APPLICAN`T': CAMPO Dl BOCCE/TOM ALBANESE
WHEREAS:
A. This matter came before the Town Council for public hearing on November 3, 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 Cow~cil Agenda Report dated November 3, 2008, along with any and all
subsequent reports and materials prepared concerning this application.
G The applicant seeks to modify the hours of operation for an existing bocce ball
facility (Campo Di Bocce) on property zoned LM. Currently, the applicant's approved hours of
operation are Sunday through Wednesday, 10;00 a.m.-10:00 p.m., and Thursday through Saturday,
10:00 a.m.-12:00 a.m. However, the applicant is requesting to modify the operating hours to Sunday
through Thursday, 10:00 a.m.-11:00 p.m., and Friday through Saturday, 10:00 a.m.-12:00 a.m.
D. On August 27, 2008, the Planning Commission considered the request to modify
the hours of operation for an existing bocce ball facility (Campo Di Bocce) on property zoned
I_,M. 'hhe Commission recommended. approval of the request finding that the applicant is
demonstrating a community benefit by providing a late night dining and activity opportunity.
E. The Town's Alcohol Policy requires any change in the service of alcoholic
beverages to be approved by Council. Council reviews CUP requests for a change in alcohol
service on a case-by-case basis to ensure that the. request is appropriate for the specific restaurant
and its location.
F. Council finds as follows:
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 changes to the hours of operation for an
existing bocce ball facility (Campo Di Bocce) on property zoned LM (1) will not adversely impact
adjacent residential neighborhoods, (2) is not precluded by a history of complaints and non-
compliance with local ordil~ances or the Alcoholic Beverage Policy, and (3) the applicant has
demonstrated a clear benefit to the community as a unique social and dining environment with
late night hours. This finding is based on the evidence presented in the Council Agenda Report
dated November 3, .2008, and incorporates the findings made by the Planning Commission on
August 27, 2008 regarding this application.
2. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
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 August 27, 2008.
RESOLVED:
The application for. modification of CUP application U-08-008 is granted.
2, The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification of this permit.
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 17`x' day of November 2008, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIGNED: '~
vl~Q.a•c,~
MA OR OF TIIE TOWN OF LOS GATOS
S GATOS, CALIFORNIA
ATTEST:
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C-~ ZIP OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RECOMMENDED CONDITIONS OF APPROVAL
Revised November fi, 2008
SbS University Avenue
Conditional Use Permit Application U~08~008
Requesting approval to modify tl~e hours of operation for an existing bocce ball
facility (Campo. di Bocce) on property zoned LM. APN 52907-09b.
PROPJGRTY OWNER: Campo cli Bocce Los Gatos .LLC
APPLICANT; Campo di Bocce Los Gatos LLC/Tom Albanese
TO TILE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
I'lcrnrzixlg Division
1. APPROVAL: Tfiis application shall be completed in accordance with all of the
conditions oI' approval listed below, Any changes or modifications shall be
approved by the Director of Cornrrrunity Ievelopment, the Development Review
Conrrnittee, the Planning Conunission, or the Town Council, depending on the
scope of the change(s).
2. IIOURS: Maximum hours of operation shall be 10:00 am to 11:00 pm Sunday
tluough "1lrursday, and from 10:00 am to midnight Friday through Saturday.
3. I-IOi.JRS O:Ti ALCOI~OIaiC BEVERAGE; The service of alcoholic beverages
shall not be permitted after 10:00 prn Sunday through Thursday and-shall not be
permitted after 11:00 pm on Fridays, Saturdays, holidays, and evenings before
holidays. Holidays are those days defined by Section 1.10.075 of the Town Code•
4. SEATS: The maximum number of indoor and/or outdoor seats permitted
Monday through Friday from 10 AM to S PM ~is 70. The maximum number of
indoor and/or outdoor seats Monday tluougll Friday from 5 PM to closing and
during the Saturday and Sunday business hours is one hundred twenty (120)
proviclecl both leases for the alternate use of parking at •573 University Avenue
and 536 N. Santa Cruz Avenue are in effect. If either o'1'the leases for alternate
site parking is terminated, cancelled, or not extcndacl, the maximum number of
seats permitted is seventy (70) if both leases are canceled, or ninety-fve (95) if
only one lease is canceled. These seats shall he available for patrons of the food
service or waiting to play bocce.
S• SERVICE OF ALCOHOLIC BEVERACrES: Alcoholic beverages may only be
served with rxaeals and is permitted for insiclc anti outside seating, A meal is
defined as a combination oi' food items selected fio1n a menu (breakfast, brunch,
lunch o.r dinner), E1.ppetizers such as popcorn, nachos, pretzels, potato skins,
relish trays, etc. (hot or cold) are not meals.
6. l.,l`l'TrR; The tenant shall monilor• the outside seating area and dispose any lifter
whicl.~ is in the vicinity.
7. SIGNS: Large illuminated signs, meeting all 'T'own Cocle recluirenrents, shall be
installed in strategic locations to ensure that motorists sue aware of the alternate
parlchzg sites. .Signs, meeting Town Code, shall also be placed at the entraricc to
T•;XiIIBIT A
both qff' site par•lcin.g lots to assure patrons that it is acceptable to park in these lots
during certain hours.
8. MARKING ALTERNATIVE PARKING SPACES: Fifteen (1 S) parking spaces
in each lot shall be prominently marked as "reserved for patrons of Carnpo di
Bocce during the hours of S:OOpm to 11;00 pm Monday through Thursday, 5;00
pm tln~ough midnight Friday, 10;00 am to midnight Saturday, and 10;0.0 am to
11:00 pm Sunday"
9. DIRECTIONS TO MOTORISTS: During peak times on liriday and Saturday
evenings fi•otn 7:00 pm to 10;30 pn~z, the applicant shall make a parking attendant
available who shall direct customers to one of two adjoining approved off-site
parking lots. Also, parking diagrams shall be handed out by the parldng
attendants giving patrons clear directions to the adjoining approved off-site
pat•lcing lots.
10. LIGrPIT1NG: The applicant shall provide additional lighting irr t11e parking lots of
the alternate packing site within 90 days of approval of this permit, This lighting
shall meet all Town requirements and the required permits from the Building
Department must be obtained.
11. LEASE AGREEMENTS: That in order to operate a bocce ball/restaurant facility
with one hundred twenty (120) seats during the hours of 5;00 pm to 11:00 pm
Monday through Thuusday, from 5:00 pm to midnight T'riday, and 10:00 am to
closing. Saturday and Sunday, the applicant must Gtt all times be a party to valid
anti fully enforceable lease agreeta~tetits, each allowing exclusive use of fifteen
(l.S) :parking spaces dut•ing the hozu•s of 5:00 prrr to 11:00 pm Monday through
Tl-iursday, 5:00 pm to midnight T'riday, 10:00 Gun to midniglt Saturday, and 10:00
ain to 11:00 ptn Sunday at S73 Utaiversity Avenue and 536 N. Sarrta. Cruz
Avenue.
12. COPIES Or LEASr'S: Applicant shall Lodge copies of eaclt lease agreement with
the Town Conurtunity Development Deparhnent within three (3} weeks of Town
Council decision, and shall lodge .copies of subsequently revised, amended,
extended or otherwise modified lease agreements, including copies of any
cotresponcience exercising options, terminating or canceling the leases, withiza
five (S) working days after the agreements are signed by the parties or the
correspondetrce is mailed.
13. APPROVED USE: That the restaurant shall only be operated in conjunction with
a bocce ball operation providing at all times a minitntun of five (S) bocce ball
courts, and may not be operated independent of a l~acce ball operation without
obtaining a new variance allowing off site parking for a restatu•ant use only, and a
modification of the existing use conditional use permit allowing the operation of a
full service restaurant independent of a bocce ball operatiarz.
14. NEIGIIBORHOOD MEETINGS: The business owner(s) shall meet with
surrounding neighbors at least twice a year fot• the first year, aril as necessary
tltereafter, to address any concerns. A record of attendants (name and property
address) and issues discussed shall be kept on record by Campo di Bocce (or
subsequent business) and be made available for review at the request of the
Conv-trt:mity Development Department. 'fhe terms `neighbors' and
`ncighborlloocl' consist of the owners and occupants listed in the hearing
notification list which can be found in the property file.
15. 11OTLINE; A hotline for complaints shall be available and provided to all
neighbors. A record of callus (name and property address) and issues shall be
kept on record by Campo di Bocce (or subsequent business} and be made
available for review at the request of the Comrmuzity Development Department.
The term `neighbors' consists of the owners and occupants listed in the hewing
notification list which can be found in the property file.
1 C• ONE YEAR REVIEW; Town staff shall review the Conditional Use Permit
within one year from approval to determine if there are any-problems associated
with the permit and report their findings to the Plamvng Cornrrlission. The
Plam~ing Commission naay direct that a public hearing be held to review the
permit as specified in Section 29.20.310 of the Town Code,
17. TOWN INDEMNIT'Y': Applicants are notified that Town Code Section 1,10,115
regtiia•es that any applicant who receives a pcrmi# .or .entitlemen.t f:roin 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 file permit or
entitlement, This requirement is a condition of approval of alI such pernuts and
entitlements whether or not expressly set forth in the approval.
TU THE SATISFACTION OF TIIE PQLICE CIIIEF
16. GENERAL. The restaurant is subject to the following;
a. Uniformed. privately provided security guards may be required in or around
tl~e premises liy the Cluef of Police if alcohol related problems recur that are not
resolved by the licensed owner.
b. At tlae discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on-.going employee training
oar alcoholic beverage service to the general public,
c. All establishments shall use an employee h•aining manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
e. Taxicab telephone numbers s1~aI1 be posted in a visible location.
f. Alcoholic beverage service in the outdoor seating area shall have adequate
sep~u-ation from public areas,
g. A physical delineation in the form of landscaping or planters is required to
separate public and private property. The height of the separation shall be a
mnimurri of three feet. The separation shall be designed to prevent passing or
carrying alcoholic beverages outside the restaurant seating area. The separation
shall clearly suggest that. alcohol is not permitted outside the restaiu•ant seating
area.
h. A restaurant employee shall seat pat7•ons in the outside dining area.
TO TIIE SATISFACTION OF CENTRAL FIRE PROTTiCTION DISTRYCT
17. The kitchen shall be provided. with an automatic fire extinguishing system for the
cooking appliances as may be required, Approved po~~table fire extinguishers
shall also be provided.
18. An approved manual and automatic ire alarm with arl approved voice notification
system may be required depending on the seating count.
N:~DH\~CDN DI'PN 5 V'.006\Un i versi Iy565. dpC