2011-041 - 49-51 N. Santa Cruz Avenue (Gardino's) expansionRESOLUTION 2011 -041
ADOPT RESOLUTION APPROVING A REQUEST TO EXPAND AN EXISTING
RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE
SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C -2.
APN: 510 -44 -030
CONDITIONAL USE PERMIT APPLICATION: U -10 -023
PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE
PROPERTY OWNER: JENNIFER WHITE
APPLICANT: PETE JILLO
Ui TrJAN0MI N
A. This matter came before the Town Council for public hearing on May 2, 2011, and
for reconsideration on June 6, 2011, and was regularly noticed in conformance with State and
Town law.
B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an
existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of
operation on property zoned C -2. Currently, the CUP for 51 N. Santa Cruz Avenue allows 16
seats, beer and wine service, and operation from 9:00 a,m. to 11:00 p.m., seven days a week.
However, the applicant is requesting to expand into 49 N. Santa Cruz Avenue, add 29 seats,
provide full alcoholic beverage service, and operate from 10:00 a.m. to 12:00 a.m., Sunday to
Thursday; and from 10:00 a.m. to 1:00 a.m., Fridays, Saturdays, and holidays,
C. On April 13, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full
alcoholic beverage service, and modify hours of operation on property zoned C -2. The
Commission recommended approval of the request finding the proposal was desirable to the
public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or
welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and
Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing
businesses.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for
alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the
specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant
and all interested persons who wished to testify or submit documents. Town 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 20,
2011, along with any and all subsequent reports and materials prepared concerning this
application.
G. On May 2, 2011, motion to approve the request to expand an existing restaurant
(Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full
alcoholic beverage service, and modify the hours of operation as proposed failed.
H. On May 2, 2011, motion to approve the request to provide full alcoholic beverage
service with meal service and modify hours of operation to maximum allowable by the Alcoholic
Beverage Policy for an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue approved.
Council found as follows:
I . Pursuant to the Town's Alcoholic Beverage Policy, the request for a CUP
modification at 51 N. Santa Cruz Avenue to provide full alcoholic beverage service and operate
from 10:00 a.m. to 11:00 p.m., Sunday to Thursday; and from 10:00 a.m. to 1:00 a.m., Fridays,
Saturdays, holidays, and evenings before holidays; the establishment does not have a history of
complaints and the request would not adversely impact adjacent residential neighbors. This
finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011, and
incorporates the findings made by the Planning Commission on April 13, 2011, regarding this
application.
2. The Alcoholic Beverage Policy allows the Council to consider unique
circumstances which apply to the subject application.
3. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
4. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the
Planning Commission on April 13, 2011.
I. On May 16, 2011, based on verbal statements made by the applicant's
representative, motion to reconsider the request to expand an existing restaurant (Gardino's) at 51
N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic
beverage service, and modify the hours of operation was approved.
J. On June 6, 2011, motion to approve the request to expand an existing restaurant
(Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full
alcoholic beverage service, and modify the hours of operation approved. Council finds as
follows:
1. That new information was presented.
2. 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.
This finding is based on the evidence presented in the Council Agenda Report May 23, 2011 and
the testimony received at the Council meeting on June 6, 2011.
3. The Alcoholic Beverage Policy allows the Council to consider unique
circumstances which apply to the subject application.
4. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
5. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the
Planning Commission on April 13, 2011.
RESOLVED:
1. The CUP application U -10 -023 to allow an existing restaurant (Gardino's) at 51 N.
Santa Cruz Avenue to expand into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic
beverage service, and modify the hours of operation is granted.
2. The Conditions of Approval are attached hereto as Exhibit A and are hereby
adopted as the Conditions of Approval for modification of this permit.
3. 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 besought 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 6"' day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Mayor Joe Pirzynski
NAYS: None
ABSENT:
ABSTAIN: Barbara Spector
SIGNE
MAYO F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATT c�
CL OF T E TOWN OF LOS GATOS
LOS CALIFORNIA
CONDITIONS OF APPROVAL — June 6, 2011
49 & 51 N. Santa Cruz Avenue
Conditional Use Permit Application U -10 -023
Requesting approval to expand an existing restaurant (Gardino's) to add seating, full
alcoholic beverage service, and modify hours of operation on property zoned C -2. APN
510 -44 -030. PROPERTY OWNER: Jennifer White
APPLICANT: Pete Jillo
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the development plans noted as
received by the Town on May 25, 2011. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development, the
Development Review Committee, the Planning Commission, or the Town Council
depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. APPROVED USE: The approved use is for a single high turnover (sit -down) non - formula
restaurant at 49 and 51 N. Santa Cruz Avenue. Formula restaurant, using the definition of
formula retail, means a restaurant business which, along with seven or more other business
locations, is required by contractual or other arrangement to maintain any of the following:
standardized menus, merchandise, services, decor, uniforms, architecture, colors, signs or
other similar features. The approved used shall be subject to property owner written
consent and to any regulation or policy changes subsequently adopted by the Town
Council.
4. INTENT OF APPROVAL: It is the intent of the Town Council to support the expansion of
Gardino's restaurant with the commitment that the space at 49 N. Santa Cruz Avenue will
eventually revert back to retail.
5. NON- SEVERABILITY: The Conditional Use Permit (U -10 -023) for 49 and 51 N. Santa
Cruz Avenue is non - severable. Both spaces shall operate under the same restaurant with
shared staffing, menus, advertising, and operating hours. The spaces shall operate with
unhindered movement between them, with the exception that 49 N. Santa Cruz Avenue can
revert back to retail use at any time, excluding wine or other alcohol retail,
6. IMPROVEMENTS AND USE AT 49 N. SANTA CRUZ: The additional tenant space
located at 49 N. Santa Cruz Avenue shall be improved as shown on plans noted as received
by the Town on May 25, 2011. No kitchen, cooking, food preparation, including the use of
microwave ovens or other food cooking, warming or heating, or food storage
improvements or uses are allowed in this space so it may easily be reverted to retail use at a
future date. Only food and beverage service is allowed in the additional tenant space.
7. SEATS: The maximum number of seats shall not exceed 45, with no more than seven of
those seats at the food service counter in the expanded seating area at 49 N. Santa Cruz
Avenue. Should the expanded area revert to retail, then original restaurant seating will
remain at 16.
8. SEATING CONFIGURATION: The food service counter shall be no longer than as shown
on the development plans noted as received by the Town on May 25, 2011,
9, ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages is permitted
only with meals for all seating areas, including at the food service counter. 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.
10. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 11:00 p.m.,
Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings
before holidays.
11. ENTERTAINMENT: Live entertainment is not allowed.
12. UTENSILS: All meals served on -site shall be on re- usable utensils.
13. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
14. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
15. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department must be obtained prior to
commencement of use.
16. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
17. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
18. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business
shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
19. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the County
of Santa Clara Department of Environmental Health prior to commencement of use and /or
issuance of building permits.
20. OPERATIONAL AGREEMENT: Prior to the initiation of any operational changes
permitted under this approval, the applicant shall enter into an operational agreement with
the Town guaranteeing the performance of the business per the representations of the
application and the applicant at the public hearings as well as the observance of the
conditions of approval. Said agreement shall be subject to approval of the Chief of Police,
the Director of Community Development Department, and the Town Attorney, and will be
signed by the applicant. Operators who are successors in interest to the restaurant business
and CUP shall be required to meet with the Town CDD Director and Chief of Police and
agree to all the terms of the Operational Agreement by executing a copy of the Agreement.
The Operational Agreement shall be reviewed by the Director of Community Development
Department and the Town Attorney, biannually for the first five years and then annually
thereafter, to ensure compliance with the Conditional Use Permit and operating covenants,
including the detailed description of expanded restaurant operations.
21. PROPERTY OWNER AGREEMENT AND COMMITMENT: The property owner shall
sign, agree, and commit to the Operational Agreement prior to commencement of use. The
property owner shall submit, in writing, agreement and commitment to the Conditional Use
Permit prior to commencement of use.
22. COMMUNITY BENEFIT: The applicant has offered the following community benefit to
offset traffic impacts created by the proposed project: two public benches to be placed
downtown to the satisfaction of the Director of Parks and Public Works. The benches shall
be installed prior to final occupancy.
23. 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, and may be secured to the satisfaction of the Town Attorney.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
24. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
25. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant
load and required exits to the Fire Department for review and approval prior to
commencement of use and /or issuance of building permits.
26. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300
fixed extinguishing system in the kitchen to ensure compliance with applicable regulations
prior to commencement of use and/or issuance of building permits.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
27. 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.
28. 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.
29. 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.
30. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
31. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
N:\DEV\C0NDITNS \201 RNSC49 -51 Reconsideration.docx