2012-049 - Conditional Use Permit U-12-008. Property Location: 160 W. Main StreetRESOLUTION 2012 -049
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -12 -008.
APN: APN 529 -03 -020
CONDITIONAL USE PERMIT APPLICATION: U -12 -008
PROPERTY LOCATION: 160 W. MAIN STREET
PROPERTY OWNER: ROBERT & MURIEL BROUWER, LLC
APPLICANT: LINDA J. LEZOTTE
WHEREAS, This matter came before the Town Council for public hearing August 6,
2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP) to
modify an existing CUP to operate a restaurant with separate bar (Katsu) and full alcohol service
on property zoned C- 2:LHP. The applicant requested hours of operation of 9:30 a.m. to 12:00
a.m, on Sunday, 5:00 p.m, to 12:00 a.m. Monday through Wednesday, and 5:00 p.m. to 2:00 a.m.
Thursday through Saturday, and to provide a DJ.
WHEREAS, On July 11, 2012, the Planning Commission considered a request for
approval of CUP U -12 -008 on property zoned C- 2 :LHP. The Planning Commission
recommended approval of the request with modified conditions of approval, finding that the
proposal was desirable to the public in that the use will continue to provide food and beverage
service to the community; it will not impair the integrity of the zone in that the use will be in a
commercial zone; will not be detrimental to public health, safety, or welfare in that the use will
be subject to provisions of the Alcoholic Beverage Policy and conditions placed on the permit
will mitigate potential impacts; and is in harmony with the elements and objectives of the
General Plan and Town Code as discussed within the July 11, 2012, Planning Commission
report.
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 Report for
their meeting on August 6, 2012, 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 Report for their meeting on August 6,
2012, and incorporates the findings made by the Planning Commission on July 11, 2012,
regarding this application.
B. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. The CUP application U -12 -008 to modify an existing CUP to operate a restaurant
with separate bar (Katsu) and full alcohol 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.
2
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 and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6t" day of August, 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
ABSTAIN: Diane McNutt
SIGNED:
MAYOR OF HE T04 LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
'PN41W14
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
91
CONDITIONS OF APPROVAL — August 6, 2012
160 W. Main Street
Conditional Use Permit U -12 -008
Requesting approval to modify an existing Conditional Use Permit (CUP) to operate a
restaurant with separate bar and full alcohol service on property zoned C- 2:LHP. APN
529 -03 -020.
PROPERTY OWNER: Robert and Muriel Brouwer
APPLICANT: Linda J. LeZotte
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 noted as received on
June 13, 2012. 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 changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two
years from the date of approval unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
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.
4. USE: The approved use is a high - quality restaurant with separate bar.
5. NUMBER OF SEATS: The maximum number of seats shall not exceed 72 seats prior to
5:30 p.m. After 5:30 p.m., the maximum number of seats shall not exceed 108.,
6. CLOSED SECTIONS: The area labeled "Private Dining Room ", as, indicated on the
seating plans dated received June 13, 2012, or any other designated area to the satisfaction
of the Director of Community Development upon notification, shall remain closed until
5:30 p.m., Monday through Saturday. No seating is allowed at the bar before 5:30 p.m. on
Sundays.
7. HOURS OF OPERATION: Maximum hours of operation are 9:30 a.m, to 11:30 p.m. on
Sunday; 5:00 p.m. to 11:30 p.m., Monday through Thursday; 5 :00 p.m. to 1:30 a.m., Friday
to Saturday.
8. HOURS OF ALCOHOLIC BEVERAGE SERVICE: Maximum hours of alcoholic
beverage service are 9:30 a.m. to 11:00 p.m, on Sunday; 5:00 p.m, to 11:00 p.m., Monday
through Thursday; 5:00 p.m. to 1:00 a.m., Friday to Saturday.
9. ALCOHOLIC BEVERAGE SERVICE: The service of alcohol 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.
10. LIVE ENTERTAINMENT: Interior amplified music provided by a sound system is
allowed. Consideration of permission to provide DJs shall be deferred until after
entertainment standards are adopted by the Town. If approved, DJs shall be subject to the
live entertainment standards adopted by the Town.
11. WINDOWS AND DOORS: In the event the DJ entertainment is later approved, windows
and doors shall remain closed when DJ entertainment is provided.
12. SPECIAL PARTIES: Special parties consist of corporate functions, private parties,
holiday events, and locally /regionally /nationally recognized days such as Valentine's Day
and Mother's Day and must comply with all conditions, including hours of operation,
alcoholic beverage service, and maximum number of seats.
13. 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 Conditional Use
Permit 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 seating
and entertainment limitations.
14. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
15. 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.
16. ALCOHOLIC BEVERAGE POLICY: The applicant shall be subject to comply with any
new requirements in the Town's Alcoholic Beverage Policy within six (6) months from the
date of the change in policy.
17. 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.
18. 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.
19. 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.
20. 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
21. PERMITS REQUIRED: A Building Permit shall be required for the any alterations to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
22. 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.
23. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
24. 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. 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.
25. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702
b. Santa Clara County Fire Department: (408) 378 -4010
c. County Environmental Health Department: (408) 885 -4200
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
26. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Sanitary Sewer Clean -out is required for each property at the property line or
location specify by the Town.
27, 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. 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 in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building permit.
28. OUTDOOR TRASH ENCLOSURES: (Restaurants Only). Outdoor trash enclosures shall
be covered and provided with area drains connected to the sanitary sewer per current
NPDES requirements. Temporary trash enclosures are exempt from this condition.
29. 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:
30. FIRE SPRINKLER SYSTEMS: Fire Department records indicate that the building is
equipped with a fire sprinkler system. Any interior remodeling may require modification
to this system. A State of California licensed (C -16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application an appropriate fees to the fire
department for review and approval prior to beginning their work.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
31, 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.
32. 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.
33. 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,
34. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
35. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
N ADEV \CONDITNS \2012 \W Main 160, doex