2003-122 - Approving A Request To Modify A Permit To Allow Wine Tasting With An Existing Retail Wine Sales On Property Zoned C-2 Conditional Use Permit: U-03-11 Property Location: 32 E. Main Street Applicatant: The French Cellar, Inc. Property Owner: DaveRESOLUTION 2003 -122
RESOLUTION APPROVING A REQUEST TO MODIFY A PERMIT TO ALLOW WINE
TASTING WITH AN EXISTING RETAIL WINE SALES ON PROPERTY ZONED C -2
CONDITIONAL USE PERMIT: U -03 -11
PROPERTY LOCATION: 32 E. MAIN STREET
APPLICANT: THE FRENCH CELLAR, INC.
PROPERTY OWNER: DAVE FLICK
WHEREAS:
A. This matter came before Council for public hearing on October 6, 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 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 25, 2003, along with subsequent reports and
materials prepared concerning this application.
C. The applicant is requesting approval to modify the Conditional Use Permit concerning their
hours of operation and to allow wine tasting in conjunction with their existing retail sales.
D. The Planning Commission considered this matter on August 27, 20003 and forwarded it
to Council with a recommendation for approval due to the uniqueness of the situation, which is not
addressed in the Town's Alcohol Beverage policy.
E. Council finds as follows:
1. Pursuant to Town Code section 29.20.190, the proposed use of the property is
essential and desirable to the public convenience in that it allows the public to try a product to ensure they
want to purchase it and that it replaces a service that is no longer provided in Town; will not impair the
integrity and character of the zone in that it is permitted by Town Code; would not be detrimental to public
health, safety or general welfare in that conditions of approval have been applied to mitigate any impacts;
and is in harmony with the various elements or objectives of the General Plan and the purpose of the Town
Code.
2. The change in hours is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project area (section IV.B).
3. The project is categorically exempt pursuant to State Environmental Guidelines
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section 15301 as adopted by the Town.
RESOLVED:
1. The request to modify Conditional Use Permit U -03 -11 is granted.
2. The conditions of approval as recommended to the Planning Commission on August 27,
2003, set out in Attachment 1 of the Town Council Report dated September 25, 2003, are hereby adopted
as the Conditions of Approval for this Conditional Use 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 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 20" day of October, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF LOS S
LOS GATOS, CALIFORNIA
0,