2011-066 - Granting Approval to Operate Retail/Market Cento Nove at 109 W Main St.RESOLUTION 2011 -066
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF A REQUEST TO OPERATE A RETAIL MARKE TPLACE, WINE
ESTABLISHMENT, AND CAFE (CENTO NOVE) WITH BEER AND WINE SERVICE ON
PROPERTY ZONED C- 2:1,11P.
APN: 529 -01 -025
CONDITIONAL USE PERMIT APPLICATION: U -11 -013
PROPERTY LOCATION: 109 W. MAIN STREET
PROPERTY OWNER: SUE FARWELL
APPLICANT: LISA RHORER
WHEREAS, This matter came before the Town Council for public hearing on August 15, 2011,
September 19, 2011, and October 3, 2011 and was regularly noticed in conformance with State and Town
law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP) to operate a
retail marketplace, wine establishment, and cafe (Cento Nove) with beer and wine service on property
zoned C- 2:LHP. The applicant requested cafe seating and hours of operation of Sunday through
Thursday, 10:00 a.m. to 9:00 p.m.; and Friday and Saturday, 10:00 a.m. to 11:00 p.m.
WHEREAS, On July 13, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to operate a restaurant with indoor and outdoor seating, beer and wine
service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine
bar, and specialty retail use (Los Gatos Gourmet) on property zoned C- 2:1-HP. The Planning
Commission recommended approval of the request with modified and additional conditions of approval,
finding that 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.
WHEREAS, On September 19, 2011, the Town Council directed staff to process a new,
separate CUP for a retail marketplace, wine establishment, and cafe at 109 W. Main Street to clearly
separate the use at 109 W. Main Street from the uses at 91 & 101 W. Main Street.
WHEREAS, 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 an
application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the
specific use and its location.
WHEREAS, 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.
WHEREAS, 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 Reports dated August 1, 2011, September 1, 2011,
and September 22, 2011, along with any and all subsequent reports and materials prepared concerning
this application.
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 29.20.190, the request for a 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 Reports dated August 1, 2011, September 1, 2011, and September 22, 2011, and incorporates the
findings made by the Planning Commission on July 13, 2011, regarding this application.
B. The project is categorically exempt from environmental review pursuant to Section
15061 of the State Enviromnental Guidelines as adopted by the Town.
C. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (section W.B), as evidenced by the findings made by the Planning
Commission on July 13, 2011.
NOW, THEREFORE, BE IT RESOLVED:
1. The CUP application U -11 -013 to operate a retail marketplace, wine establishment, and
cafe (Cento Nove) with beer and wine service on property zoned C -2:LHP is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for 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 forjudicial 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, held on the 3` day of October, 2011, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
JWA " -.
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — October 3, 2011
109 W. Main Street
Conditional Use Permit U -11 -013
Requesting approval to operate a retail marketplace, wine establishment, and cafe (Cento
Nove) with beer and wine service on property zoned C- 2:LHP. APN 529 -01 -025.
PROPERTY OWNER: Sue Farwell
APPLICANT: Lisa Rhorer
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 plans approved and noted
as received by the Town on September 19, 2011. Any changes or modifications to the
approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or Town Council, depending
on the scope of the changes.
2. EXPIRATION: The 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. 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.
4, USE: This approval is for a retail marketplace, wine establishment, and cafe in the space
known as 109 W. Main Street. The use cannot expand into or operate in combination with
91 -101 W. Main Street. Any new use or new owner must operate the business strictly
consistent with the limitations specified in the approved conditions. Any increase in square
footage or intensity of the non - retail uses will require a new or modified Conditional Use
Permit. A change in ownership may require a new operational agreement.
5. REQUIRED RETAIL SPACE: The use must maintain a minimum of 520 square feet of
space dedicated to the retail component. Retail sales shall include of a variety of quality
specialty items such as cheese, charcuterie, olive oils, vinegars, dried pasta, and other
specialty items. Wine sales are permitted but shall not dominate the mix of retail items for
sale. The retail space shall be shown with dimensions on building permit plans prior to the
issuance of permits.
6. 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, and the Town Attorney, and will be signed by
the applicant. Operators who are successors in interest to the business and CUP shall be
required to meet with the Director and Chief 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 annually thereafter, to ensure compliance with the
Conditional Use Permit and operating covenants, including the required retail component.
7. EXISTING OPENING: The existing opening between 101 and 109 W. Main Street shall
be closed off with a wall prior to the commencement of use.
8. OPERATION HOURS: Maximum hours of operation shall be Sunday through Thursday,
10:00 a.m. to 9:00 p.m.; and Friday and Saturday, 10:00 a.m. to 11:00 p.m.
9. NUMBER OF SEATS: The maximum number of seats, including up to 11 stools or
counter seats, is 31. Outdoor seating is not allowed.
10. ALCOHOLIC BEVERAGE SERVICE: Beer and wine service is permitted only with food
service. Food is defined as a combination of food items selected from a menu (breakfast,
brunch, lunch, or dinner). Appetizers such as popcorn, pretzels, potato skins, relish trays,
etc. (hot or cold) are not food for the purposes of this requirement. No alcohol shall be
displayed at, on, or behind the chef s table. Any expansion of alcohol service will require a
new and separate Conditional Use Permit.
11. WINE TASTING: Wine tasting is permitted. The maximum sample size for the wine
tasting shall not exceed one (1) ounce. Wine tasting sample sizes larger than one (1) ounce
shall be permitted only with food service.
12. ENTERTAINMENT: Live entertainment and amplified music is prohibited.
13. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
14. 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.
15. 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.
16. 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.
17. 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.
18. EXTERIOR MODIFICATIONS: Prior to the issuance of building permits for exterior
modifications, the applicant shall apply for and obtain an Architecture & Site permit.
19. 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.
Building Division
20. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
21. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
22. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
23. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Permit
Application as necessary for any interior or exterior demolition. No demolition work shall
be done without first obtaining a permit from the Town.
24. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
forms must be blue -lined on the plans including lighting compliance and mandatory
measures.
25. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. For any proposed tenant improvements,
the building shall be upgraded to comply the latest California Title 24 Accessibility
Standards. Necessary work shall be first investigated by the design architect and then
confirmed by Town staff.
26. TITLE 24 — CAFE WITH FOOD SERVICE USE: Proper size grease trap shall be required
for any cafe with food service use. The following agencies will review the grease trap
requirements before issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378 -2408
b. Environmental Health Department: (408) 885 -4200
c. Town Public Works Department: (408) 399 -7530
27. PLANS: The construction plans for commercial building tenant improvements shall be
prepared under the direct supervision of a licensed architect or engineer. (Business and
Professionals Code Section 5538)
28. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage at (408) 399 -5702
b. Santa Clara County Fire Department: (408) 378 -4010
c. West Valley Sanitation District: (408) 378 -2407
d. County Environmental Health Department: (408) 885 -4200
e. Environmental Services Department of the San Jose /Santa Clara Water Pollution
Control Plant for Pretreatment Notice /Certification. You can contact this agency
directly at (408) 945 -3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
29. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of 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 goods 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 the required
maintenance at the developer's expense.
30. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
31. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee
proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The fee shall be paid before the building permit is issued. The traffic impact
mitigation fee for this project, using the current fee schedule and the preliminary plans is
$1,080. The final fee shall be calculated from the final plans using the rate schedule in
effect at the time of the building permit application, using a trip generation rate based on
the application for 31 seats.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
32. 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.
33. 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.
34. 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.
35. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
36. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
NADEVTONDITW201 1 Wlain109.docx