2013-033 - Conditional Use Permit for 16212 LGBRESOLUTION 2013 - 033
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT
APPLICATION U -13 -014.
APN: 523 -06 -010 AND -011
CONDITIONAL USE PERMIT APPLICATION: U -13 -014
PROPERTY LOCATION: 16212 LOS GATOS BOULEVARD
PROPERTY OWNER: 16212 LOS GATOS BOULEVARD LLC.
APPLICANT: JOSEPH PRANG AND CHRISTINE TRAM
WHEREAS, this matter came before the Town Council for public hearing on August 19,
2013, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks approve for a Conditional Use Permit (CUP) to operate
a retail beer, wine, and distilled spirits shop with tastings on property zoned CH. The applicant is
requesting hours of operation from 10:00 a.m. until 7:30 p.m., Monday through Wednesday; 10:00
a.m, until 8:00 p.m., Thursday through Saturday; and noon to 7:00 p.m. on Sunday with scheduled
tastings during normal business hours.
WHEREAS, on July 24, 2013, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to operate retail beer, wine, and distilled spirits with tastings on
property zoned CH. The Planning Commission recommended approval of the CUP with
modified conditions of approval.
WHEREAS, the Town's Alcohol Beverage Policy requires any new application for the
service of alcoholic beverages to be approved by Council, including the limited tasting pours.
Town Council reviews CUP requests for a new application for alcohol service on a case -by -case
basis to ensure that the request is appropriate for the specific use and its location.
WHEREAS, the Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
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,
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 dated July 31, 2013, regarding this application.
B. The project is categorically exempt from environmental review pursuant to Section
15061 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The CUP application U -13 -014 to operate a retail beer, wine, and distilled spirits shop
with tastings on property zoned CH is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for this 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 besought 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 19`x' day of August, 2013, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
MAYO�R� /OF TFIE OF LOS GATOS
LOS 6TOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PLANNING COMMISSION —August 19, 2013
RECOMMENDED CONDITIONS OF APPROVAL FOR:
16212 Los Gatos Blvd.
Conditional Use Permit Application U -13 -014
Requesting approval of a Conditional Use Permit for a retail wine, beer, and distilled spirits
shop with tastings on property zoned CH. APN 523 -06 -010,
PROPERTY OWNER: 16212 Los Gatos Boulevard, LLC
APPLICANT: Joseph Prang and Christine Tran
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed and operated in accordance with all of the
conditions of approval listed below.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section
29.20.320 of the Town Code, unless the approval has been vested.
3. USE: This approval is for a non - formula retail wine, beer, and distilled spirits shop with
scheduled tastings as defined below.
4. HOURS: Hours of operation are limited to 10:00 a.m. until 7:30 p.m., Monday through
Wednesday; 10:00 a.m. until 8:00 p.m., Thursday through Saturday; and noon to 7:00 p.m. on
Sunday.
5. STORE DELIVERIES: Delivery hours are limited to 10:00 a.m. to 8:00 p.m., Monday through
Friday; and 11:00 a.m, to 6:00 p.m., Saturday and Sunday.
6. TASTING EVENTS /TIMES: Tastings shall be offered during the hours of 1 :00 p.m. to 8 :00
p.m. for a maximum of 3 hours a day, and only during operating hours listed above. No
more than 15 outdoor tasting events are permitted per month. A list of provided beverages
shall be established prior to the event, and tastings shall be restricted . to this list. The
tastings shall be controlled two ounce pours for beer and wine and 1/a ounce pours for
distilled spirits. Each patron shall be limited to no more than ten ounces of beer or wine, or
two ounces of distilled spirits per public tasting event. Water shall be provided at no
charge during all tasting events. The tasting events shall comply with maximum
occupancy as set by the Santa Clara County Fire Marshall. The applicant shall notify by
email immediately adjacent residential neighbors on Shannon Road and Magneson Loop of
upcoming outdoor tasting events ten days prior to the event(s) and shall include a local
phone number to call if an issue arises during an event.
7. PARKING: A minimum of ten parking spaces shall be maintained onsite for the use.
8. BOTTLE DISPOSAL: Disposal of bottles must occur between the hours of 10:00 a.m. and
6:00 p.m. Sunday, and or 10:00 a.m. and 8:00 p.m. Monday.
9. SIGNS: A sign permit from the Los Gatos Community Development Department must be
obtained prior to any changes of existing signs or installation of new signs.
10. LIGHTING: All lighting shall be downward directed and not shine onto neighboring
properties. Parking lot lighting shall be on a timer and shall turn off no more than 1 hour after
closing.
11. MUSIC: No live music is permitted. Permanent amplification is not permitted in the outdoor
patio area. The maximum decibel level permitted during tasting hours is 64 Dbl. as established
by the Town's Noise Ordinance.
12. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the
Town of Los Gatos Community Development Department must be obtained prior to
commencement of use.
EXHIBIT A
13. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of use.
14. 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.
NADEVTONDITNS \2013 \16212 LGB.doc