2007-049 - Resolution Approving A Request To Modify An Existing Cup For A Restaurant(Viva Primavera) With Alcohol Service To Expand The Hours Of Operation, Modify Outdoor Patio Dining Area, Expand To An Adjacent Tenant Space (Former High Tech Burrito), ExRESOLUTION 2007 -049
RESOLUTION APPROVING A REQUEST TO MODIFY AN EXISTING CUP FOR A
RESTAURANT(VIVA PRIMAVERA) WITH ALCOHOL SERVICE TO EXPAND THE
HOURS OF OPERATION, MODIFY OUTDOOR PATIO DINING AREA, EXPAND TO AN
ADJACENT TENANT SPACE (FORMER HIGH TECH BURRITO), EXPAND TO FULL
LIQUOR FOR VIVA A GO -GO AND ALLOW SERVICE OF ALCOHOL IN THE
OUTDOOR SEATING AREA FOR VIVA A GO -GO, AND EXPAND APPROVED
ENTERTAINMENT ON PROPERTY ZONED C -1.
APN: 523 -01 -012 and 013
CONDITIONAL USE PERMIT APPLICATION: U -07 -006
PROPERTY LOCATION: 15960 -15970 LOS GATOS BOULEVARD
PROPERTY OWNER: COLG, LP
APPLICANT: VIVA PRIMAVERA, LLC
WHEREAS:
A. This matter came before the Town Council for public hearing on April 16, 2007, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant /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 11, 2007, along with
any and all subsequent reports and materials prepared concerning this application.
C. The applicant seeks approval to modify the existing use permits ( "CUPs ") for 15960
and 15970 Los Gatos Boulevard to permit creating an opening in the interior wall between the two
tenant spaces and operate the existing quality restaurant (Viva Primavera) in conjunction with an
approved high turnover sit -down restaurant (Viva A Go -Go), formerly High Tech Burrito); maintain
the 176 seats (total previously approved for both restaurants) which includes indoor and outdoor
seating and banquet /meeting rooms; extend hours of operation for Viva Primavera from 8 am - 11
pm Monday thru Thursday and 8 am - 12 am Friday thru Sunday to 6:30 am - 11 pm Sunday thru
Thursday and 6:30 am - 1 am Friday, Saturday, holidays and evenings before holidays, and for Viva
A Go -Go from 10 am - 10 pm seven days a week to from 6:30 am - 11 pm Sunday thru Thursday and
6:30 am - 1 am Friday, Saturday, holidays and evenings before holidays; expand from one to two
private dining rooms that can be used for banquets and meetings or general dining; expand to full
liquor for Viva A Go -Go and allow service of alcohol in the outdoor seating area for Viva A Go-
Go; and expand approved occasional, incidental, entertainment such as a piano or harp
accompanist to include jazz trios and other live music.
D. On February 28, 2007, the Planning Commission considered the CUP application
along with an Architecture & Site application for to expand and modify the existing outdoor
dining area enclosure. The Commission approved the Architecture & Site application without
appeal. The Commission also recommended approval of the CUP application with the following
modifications: denial of full liquor service for Viva A Go -Go, due to the lack of an adequate plan
for such service; hours of operation ending at 12:00 am; no expansion of entertainment. The
applicant addressed these issues in a subsequent letter to the Council (Attachment 6 to Council
Agenda Report dated April 11, 2007).
E. Council finds as follows:
I. That the concerns raised by the Planning Commission regarding hours of
operation, entertainment and alcohol service at Viva A Go -Go are addressed by the applicant as
evidenced by Attachment 6 to the Council Agenda Report dated April 11, 2007 and the
applicant's testimony in the public hearing before Council. The expanded restaurant will continue
to operate as a quality restaurant with an added high turnover service area. The conditions of
approval are modified to reflect this use, form of alcohol service, entertainment and seating.
ii. Pursuant to Town Code section 29.20.190, for the approval of use permits,
and the Town Alcohol policy, that 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, which has not been the cause of complaints by
residents or the police department, (2) is not precluded by a history of complaints and non-
compliance with local ordinances or the Alcoholic Beverage Policy, and (3) the application is
intended to preserve and enhance the operations of a successful business in the Town, which will
continue to operate as a fine dining restaurant with limited additional seating and a high turn -over
sit down service area.
iii.. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
RESOLVED:
The application for modification of existing CUP U -07 -006 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 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 7" day of May 2007, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Mike Wasserman, and Mayor Joe
Pirzynski
NAYS: Barbara Spector
ABSENT:
I. : Y117_ \11�
SIGNED:
e , OR OFT WN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK ADMINISTRATOR. OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL FOR:
15960 - 15970 Los Gatos Boulevard
Conditional Use Permit U -07 -006
Requesting approval to modify an existing CUP for a restaurant (Viva Primavera) with alcohol
service to expand the hours of operation, modify outdoor patio dining area, expand to an
adjacent tenant space (formerly High Tech Burrito), and expand approved entertainment on
property zoned C -1. APN 523 -01 -012 and 013.
PROPERTY OWNER: Colg, LP
APPLICANT: Viva Primavera, LLC
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 compliance with the letter of justification (Exhibit F of Attachment
5) and plans (Attachment 7) approved in the report to the Town Council, unless modified by
conditions contained herein. Any changes or modifications made to the approved plans shall be
approved by the Director of Community Development or the Town Council, depending on the
scope of the changes.
2. 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.
3. USE: The approved use is for a quality restaurant with a high turn over sit down service area
which operates as a single entity and all operations shall be connected.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 176
(total includes indoor, outdoor, and banquet /meeting rooms). No more than 16 seats shall be
allocated to the high turn over sit down service area.
5. OUTDOOR SEATING: A physical delineation shall be installed for the outdoor seating to the
satisfaction of the Director of Community Development, Chief of Police, and Director of Parks
and Public Works,
6, OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and
appearance (plastic furniture is not permitted).
7. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:30 AM to
11:00 PM Sunday through Thursday, 6:30 AM to 12:00 AM Friday, Saturday, holidays and
evenings before holidays, and 6:30 AM to 1:00 AM evenings before national holidays not to
exceed six in a calendar year.
8. ALCOHOL SERVICE: The service of alcohol for the restaurant is permitted 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, etc. (hot or
cold) are not meals. There shall be no separate bar for the restaurant.
9. ALCOHOL LICENSE: The applicant shall amend the existing ABC license or have anew ABC
license issued as required by that agency for alcohol service for all service features of the
restaurant.
10. LIVE ENTERTAINMENT: Occasional, incidental, indoor entertainment such as piano, harp
accompanist, jazz trios, or other live music is permitted.
11. NOISE: Amplified entertainment noise levels shall comply with the provisions of the Noise
Ordinance as set forth in Section 16.20.040 of the Town Code.
EXHIBIT A
15960 -15970 Los Gatos Boulevard / 5 -07 -09 and U -07 -06
Page 2 of 4
TO THE SATISFACTION OF THE CHIEF OF POLICE:
12. UNIFORMED SECURITY: Uniformed privately provided security guards maybe required in or
around the premises by the Chief of Police if alcohol related problems recur that are not resolved
by the licensed owner.
13. 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.
14. 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.
15. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
16. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Building Division)
17. PERMITS REQUIRED: A building permit shall be required for the restaurant expansion and
alterations to the existing patio area. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
18. 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.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
20, TITLE 24 - COMMERCIAL: For any proposed tenant improvements, on -site 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.
21. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter for a fee of $2
or at San Jose Blue Print.
22. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
23. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development - Planning Division: Joel Paulson at 354 -6879
b. Santa Clara County Fire Department: (408) 378 -4010
c. West Valley Sanitation District: (408) 378 -2407
d. Environmental Health Department: (408) 918 -3400
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
15960 -15970 Los Gatos Boulevard / S -07 -09 and U -07 -06
Page 3 of 4
(Engineering Division)
24. 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.
25. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
26. 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 Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
27. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right -of -way is cleaned
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
28.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements 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 a walk - through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
29. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
30. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and /or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Administrative (Sec.
6.50.025). The Town shall not incur any liability or responsibility for damage resulting
from a sewer overflow where the property owner or other person has failed to install a
backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by
section 6.50.010 of the Town Code and maintain such device in a functional operating
condition. Evidence of West Valley Sanitation District's decision on whether a
15960 -15970 Los Gatos Boulevard / S -07 -09 and U -07 -06
Page 4 of 4
backwater device is needed shall be provided prior to issuance of a building permit.
31. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and
area drains connected to the sanitary sewer system shall be provided.
32 GREASE TRAPS. Meet all requirement of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
33. 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 repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the 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 property
plane shall not exceed eighty -five (85) dBA.
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