2003-052-Approving A Request To Modify An Existing Conditional Use Permit To Expand Bar Service(Los Gatos Bar & Grill) On Property Zoned C-2:Lhp Conditional Use Permit Application: U -02-16 Property Location:15 -1 /Z N. Santa Cruz Avenue Property Owner:RESOLUTION 2003 - 52
RESOLUTION APPROVING A REQUEST TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT TO EXPAND BAR SERVICE
(LOS GATOS BAR & GRILL) ON PROPERTY ZONED C- 2:LHP.
CONDITIONAL USE PERMIT APPLICATION: U -02 -16
PROPERTY LOCATION: 15 -1 /z N. SANTA CRUZ AVENUE
PROPERTY OWNER: CHRIS HYGELUND, AGENT
APPLICANT: JCS GROUP, LLC
WHEREAS:
A. This matter came before Council for public hearing on April 7, 2003, on a request from the
applicant and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant 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 3, 2003 and the Desk Item dated April 7, 2003, along
with subsequent reports and materials prepared concerning this application.
C. The Los Gatos Bar and Grill has been operating in violation of the conditions of approval
which regulate the use. The applicant is requesting approval to modify the conditional use permit by
increasing the number of seats where alcohol service, independent of meal service, is permitted, and by
adding to the 20 seats currently permitted in the bar area another 40 seats in an area designated on
Attachment 1 of the conditions of approval as the "Cafe Area." The applicant does not seek to increase the
total number of seats (120) allowed by the conditional use permit. The applicant is also requesting to extend
the hours of operation on Thursdays from 11:00 -PM to 1 :00 AM.
D. The Planning Commission considered this matter on February 26, 2003. Pursuant to the
Town's Alcoholic Beverage Policy, the Commission forwarded the matter to the Town Council with the
recommendation for approval.
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E. Council finds as follows:
1. The project is categorically exempt pursuant to State Environmental Guidelines
section 15301 as adopted by the Town.
2. That the change in seating is consistent with section W.B. of the Redevelopment Plan
for the Central Los Gatos Redevelopment Project Area, providing for general commercial uses as set forth
and described in the Town's General Plan.
3. Pursuant to Town Council Resolution 2001 -106, allowance of additional seating
where alcohol service is permitted independent of meal service will not adversely impact adjacent residential
neighborhoods because it will legalize an existing condition while also mitigating existing and potential
disruptions to the neighborhood resulting from nighttime use of the private patio /deck area of the Los Gatos
Bar & Grill site, which will be closed after 9:00 p.m., will encourage efforts to modify the common use
stairwell and deck on the westside of the building to further reduce existing and potential night time noise,
and will provide a security guard to assist in eliminating existing and potential disruptions in the adjacent
parking lot. In addition, the community will benefit from the continued operation of a locally owned
business that adds to the night time entertainment opportunities afforded to Town residents and visitors, so
long as neighborhood disruptions associated therewith are mitigated.
4. Pursuant to Town Code section 29.20.190, and incorporating the findings articulated
in paragraph EA. above, the proposed use of the property is essential or 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. Council notes that some of the disruptions reported in the vicinity of the Los
Gatos Bar & Grill are associated with businesses other than the Los Gatos Bar & Grill and occur in the
adjacent parking lot or other areas outside of the immediate control of the Los Gatos Bar & Grill.
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Nevertheless, Council also notes in this regard the opinion of the Police Department that various mitigation
measures included in the conditions of approval should aid in mitigating existing and future disruptions
emanating from the vicinity of the Los Gatos Bar & Grill.
RESOLVED:
1. The request to modify Conditional Use Permit Application U -02 -16 is granted.
2. The revised conditions of approval , attached hereto as Exhibit A, are hereby adopted as the
conditions of approval of this application.
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 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
or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 5th day of May, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Mike Wasserman,
Mayor Sandy Decker
NAYS: Joe Pirzynski
ABSENT: None
ABSTAIN: None
SIGNED:
MAYORPF THE TOWN OF LOS GATOS
LOS GA OS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPR6 VAL
151/2N. Santa Cruz Avenue
Conditional Use Permit U -02 -16
Requesting approval to modify the Conditional Use Permit to expand bar service on property zoned C-
2:LHP.
PROPERTY OWNER: Chris Hygelund, Agent
APPLICANT: JCS Group LLC
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
(Planning Section)
1. No live entertainment shall be provided.
2. Maximum hours of operation shall be from 11:00 a.m. to 11:00 p.m., Sunday, and including,
through, Thursday, and from 11:00 a.m. to 1:00 a.m., Friday, Saturday, holidays and evenings before holidays.
Additionally, the maximum hours of operation for the outside private patio /deck located south of the common
use stairwell shall be from 11:00 a.m. to 9:00 p.m. seven days a week. The permittee shall ensure that the
outside private patio /deck area is closed to any use by any persons after 9:00 p.m. Signage shall not refer to
the Town of Los Gatos.
3. Alcoholic beverage service is permitted in the dining area only in conjunction with meal service.
Alcoholic beverage service independent of meal service is permitted in the Cafe Area only during the hours
that meal service is available. At a minimum, meal service shall be available until closing or 11 p.m. Sunday,
and including, through, Thursday, and until 12 midnight, Friday, Saturday, holidays, and evenings before
holidays. A meal shall be defined as a combination of meal items selected from a menu which would constitute
a normally accepted "meal" (breakfast, lunch, dinner, or brunch). Appetizers such as popcorn, nachos, pretzels,
potato skins, relish trays, etc., shall not be considered meals.
4. The maximum number of seats shall not exceed 120, including no more than 20 in the bar area, 40 in
the Cafe area (see Attachment 1), and 32 in the private patio /deck area.
5. The barrel maintained for cooking grease shall be kept within its designated enclosure, except when
being emptied. It shall never be permitted to leak or overflow.
6. If a food grinder and /or dishwasher are used, a minimum 1,000 gallon grease interceptor must be
installed.
7. The number of pool tables shall not exceed two.
8. All meals served on -site shall be served on re- usable utensils.
9. Any take -out food shall be served on recycled containers.
10. The lease agreement between the property owner and the lessee of the use shall provide substantially
as follows:
Before a transfer of more than a 50% ownership interest in the restaurant may occur, the Lessee shall
provide a minimum of 60 days notice to the Lessor for the purpose of allowing Lessor to make a full
evaluation of the suitability of the proposed transferee. Lessee shall provide to Lessor, in addition to
financial statements and all other information as required by the lease agreement, such other
information as Lessor shall reasonably request regarding proposed change to format, reconfiguration
of kitchen or floor plan, and /or decor changes by the proposed transferee. In case the information is
insufficient to satisfy the Lessor that the continued operation of the restaurant will reflect the format
and high standards set by the Lessee, Lessor shall have the right to reasonably withhold consent to any
Page 5 of 7
such sale or transfer. This provision shall not be amended without the written approval of the Town.
11. Before issuance of any building permit for the approved use, approval of an Architectural and Site
Review application shall be obtained from the Town for exterior changes and outdoor seating.
12. No trellis shall be attached to the exterior of the building.
13. A physical delineation in the form of planters is required to separate the outside dining area and the path
of travel to the door to the office use. The height of the separation shall be a minimum of three feet but
no higher than four feet. The physical design and plant material should compliment the design of the
building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant
materials shall be alive.
14. The permitted use shall be reviewed by the Town Council 3 months after the approval to ensure
compliance with the approved conditions of this permit. If the use is found in violation of any of these
conditions, then the approval will revert back to the previously approved conditions (Exhibit C of
Attachment 5, Town Council Report dated April 3, 2003).
15. The occupancy shall be reviewed by the Fire Department.
16. Lighting and other security measures shall be provided to the satisfaction of the Director of Community
Development and the Chief of Police.
17. Trash from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise
impacts on the neighbors. This condition shall not affect the hours of trash collection.
18. Noise attenuating shielding devices such as fencing or other appropriate improvements shall be installed
along the common use deck located north of the common use stairwell or wherever patrons may
congregate. The Historic Preservation Committee will review the proposed improvements.
19. A direct telephone "hot" line shall be established for complaints to be relayed directly to the Business
Manager. This telephone number will be provided via letter from the Business Manager to surrounding
residents and the Town of Los Gatos. The Town shall be informed of any complaints to ensure the
complaint is adequately addressed and to allow complaints to be monitored and tracked.
20. The Property Management Company shall take responsibility for installation of the required noise
attenuation improvements along the deck and for any off -site disturbances caused by tenants and
patrons of the businesses in the building.
TO THE SATISFACTION OF THE POLICE CHIEF:
21. Uniformed security guards shall be hired to monitor the area in and around the premises as directed by
the Chief of Police.
22. The applicant must provide security in the parking lot independently or in conjunction with other local
businesses to the satisfaction of the Chief of Police.
23. The establishment shall use an employee training manual that addresses alcoholic beverage service
consistent with the standards of the California Restaurant Association.
24. The establishment shall have and actively promote a designated driver program such as complimentary
non- alcoholic beverages for designated drivers.
25. Taxicab telephone numbers shall be posted at a visible location.
26. Six months from the date of this approval, or at the discretion of the Chief of Police, the operator shall
hold a meeting with representatives from the Alcoholic Beverage Control or the Los Gatos Police
Department for the purpose of employee training on licensed service of alcoholic beverages to the
public. If it is determined that there are problems connected with the service of alcoholic beverages,
they must be resolved in a time frame acceptable to the Police Chief.
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