2008-115-Permit To Allow Full Liquor Service With Modified Hours Of Operation.RESOLUTI®lmi 2008-11~
RES®LUTIDl®T GRANTING A RIEQUEST T® MQI2IFY AIoT EXISTING CONI)ITI®NAL USE
PERMIT TfI ALL®~' FULL LI(~U®R SERVICE KITH 1VIODIFIEID HOURS ®F
®PERATI®N.
APN: 529-04-040
C®NI)ITI®1®lAL USE PERMIT APPLICATIGN: U-08-010
PROPERTY L®CATI®N: 330 N®RTH SANTA CRUZ AVEI~iUE
PR®PERTY ®~1ER: MELIDIMAR LLC
APPLICANT: M.S.I). RESTAURAI~IT CG. LLC
WHEREAS:
A. This matter came before the Town Council for public hearing on October 6, 2008, and
was regularly noticed in conformance with State and Town law.
13. 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 September 26, 2008, along with any and all
subsequent reports and materials prepared concerning this application.
C. The applicant seeks to modify an existing Conditional Use Permit (CUP) to allow full
liquor service as well as extend the hours of operation. Currently, the applicant does not have full
liquor service and the hours of operation end at 10:00 p.m. However, the applicant is requesting to
allow full liquor service and extend the operating hours to 11:00 p.m. Sunday thru Thursday and to
1:00 a.m. to midnight Friday and Saturday.
D. On September 10, 2008, the Planning Commission considered the request to
modify the existing CUP to allow the applicant to have full liquor service and to extend the
operating hours. The Commission recommended approval of the request finding that the
applicant is demonstrating a community benefit by providing a late night dining 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 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 f nding is based on the
evidence presented in the Council Agenda Report dated September 26, 2008, and incorporates the
findings made by the Planning Commission on September 10, 200$, regarding this application.
2. The project is categorically exempt fom environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
3. The proposed use is consistent with the Redevelopment Plan for
the Central Los Gatos Redevelopment Project Area {section 1V.B), as evidenced by the staff
report prepared for the public hearing on September 26, 200$.
1tES®L'VED:
The application for modification of CUP application U-08-010 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 timte as required by State and Federal Law.
PASSED AIVD AD®P'I'ED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 20th day of October 2008, by the following vote.
COUNCIL .MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
GQ,~ IOG~.
M OR OF THE TO LOS GATOS
~1_`_~ J, GATOS, CALIFORNIA
ATTEST:
CLE OF THE TOWN OF LOS GATOS
GATOS, CALIFORNIA