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09-20-10 NSC15 515 ½ N. Santa Cruz Avenue Los Gatos Bar & Grill Conditional Use Permit U-10-011 1 Background Location Existing CUP Town Policies 2 The project site is located on the west side of N. Santa Cruz Avenue, approximately 150 feet north of Main Street. The restaurant is located on the second floor and accessed by a stairwell at the main entrance located on N. Santa Cruz Avenue. The main entrance is shared by an adjacent bar at 15 N. Santa Cruz Avenue (Mountain Charley’s). There is a second point of entry for Los Gatos Bar and Grill and an outdoor patio at the rear of the building. The second point of entry shares a walkway with the office uses located in the building. The existing CUP allows a restaurant with a separate bar. The CUP is attached to your desk item as attachment 15. The proposal was reviewed with regards to the Town’s Alcoholic Beverage Policy and the Standards for Outdoor Seating. 3 Planning Commission Recommendation Concerns Project merits After PC Meeting with applicant Meeting with property owners 4 Address cat ex Considerations Use Condition no. 3 If the applicant no longer operates/owns the establishment, the use shall be subject to the conditions of Conditional Use Permit U-02-16 unless the new operator/owner applies and is approved for an extension of these conditions of approval; or, If the applicant no longer operates/owns the establishment, the use shall be subject to the live entertainment standards in addition to the conditions of approval, whichever is more restrictive. 5 Considerations Hours of Operation Revise condition no. 5 Revise conditions no. 6 Alcohol service shall cease at 1:30 am. Revise conditions no. 7 Meal and food service shall cease at 2:00 am. 6 Page 5 of TC staff report Considerations Patio Hours Condition no. 5 Number of Seats Condition no. 8 Additional Seats. Additional seats may be allowed with approval of the Director of the Community Development Department and the Town Engineer if a traffic study is completed. The applicant will be subject to the mitigation measures determined by the traffic study and the Town Engineer. Additional seats must comply with Town parking requirements. 7 Considerations Alcoholic Beverage Service Hours Condition no. 5 Condition no. 6 Location Flexible dining configuration Condition no. 6 8 Considerations Live Entertainment If approved, remove condition no. 4 of Attachment 4 Security NUMBER OF SECURITY. The establishment shall maintain a minimum of 12 security personnel during peak occupancy load. The minimum number of security personnel may change if so required and approved by the Chief of Police. SAFETY AND SECURITY. The Chief of Police maintains the authority to modify the safety and security measures and conditions to address any impacts that result from, or is associated with, the establishment. 9 Page 6 and 7 of TC staff report Considerations Live Entertainment (con’t) Trial period Condition no. 52 or LIVE ENTERTAINMENT SIX MONTH REVIEW. DJs shall be allowed seven days a week and a live band shall be allowed once a month for the first six months of operation. The permitted use shall be reviewed by the Town Council, unless delegated to the Director of the Community Development Department and Police Chief, six months after issuance of building occupancy to evaluate the entertainment use. If the use is found in violation of any conditions of approval or if the entertainment use is found to be detrimental to or incompatible with the subject location, then approval for an entertainment use may be terminated. If the use is found to be appropriate and compatible with the subject location, the deciding body may decide to increase the number of live entertainment occurrences subject to ongoing monitoring. 10 Other Considerations Outdoor seating separation Condition no. 17 Combine condition no.s 2, 19, and 54 Combine condition no.s 21, 24, and 54 11