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2013-052 - Grant CUP 115 NSCRESOLUTION 2013 -052 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION U -13 -015. APN: 510 -17 -102 CONDITIONAL USE PERMIT APPLICATION: U -13 -015 PROPERTY LOCATION: 115 N. SANTA CRUZ AVENUE PROPERTY OWNER: PARINEH LIVING TRUST APPLICANT: PALACIO -DEAN DEVINCENZI WHEREAS, this matter came before the Town Council for public hearing on December 2, 2013, and was regularly noticed in conformance with State and Town law. WHEREAS, the applicant seeks approval for a modification to an existing Conditional Use Permit (CUP) for a restaurant with a separate bar, full liquor service and outside seating on property zoned C- 2:LHP. The applicant is requesting to relocate 14 of their permitted indoor seats to outside seats within an existing paved side courtyard and to permit seats on the porch for waiting patrons. WHEREAS, on October 23, 2013, the Planning Commission considered the request to modify the existing CUP. The Planning Commission recommended approval of the CUP with the modification that the new outdoor seating cease alcohol service at 10 PM. WHEREAS, the Town's Alcohol Beverage Policy requires any application for new or modification to the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests 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 beyond 10 PM on a case -by -case basis when the proposal will not negatively impact residential neighborhoods, there is not a history of alcohol related incidents or complaints, and when the application will provide a clear benefit to the community. 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. These findings are based on the evidence presented in the Council Agenda Report dated November 20, 2013, 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 THAT: 1. The CUP application U -13 -015 to relocated 14 permitted seats within a paved side courtyard and provide seating on the front porch for waiting patrons on property zoned C -2:LHP is Approved. 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 2 "d day of December, 2013, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis NAYS: ABSENT: ABSTAIN: C �� L GNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMIN TRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN COUNCIL — December 2, 2013 CONDITIONS OF APPROVAL FOR: 115 N. Santa Cruz Avenue Conditional Use Permit U -13 -015 Requesting approval to modify an existing CUP for an existing restaurant with full liquor service and outdoor seating to increase the permitted outdoor seating on property zoned C- 2:LHP. APN: 510 -17 -102. PROPERTY OWNER: Santa Cruz Wilder LLC APPLICANT: Palacio- Dean Devincenzi TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. EXPIRATION: Zoning 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. 2. RESTAURANT USE: A high quality restaurant and full service bar. 3. HOURS: Maximum hours of operation for the inside restaurant and bar shall be 11:00 a.m. to 1:00 a.m. weekdays and 9:00 a.m. to 1:00 a.m. Saturday and Sunday. 4. OUTDOOR SEATS: Maximum hours of operation for the outside seating areas shall be the same as indoor except that alcohol service shall not go past 11:00 p.m. Sunday through Thursday (except for holidays and evenings before holidays) on the raised patio or past 10:00 p.m. in the side courtyard. 5. SEATS: The maximum number of seats (inside and outside combined) shall not exceed 159. A maximum of 60 seats are permitted outdoors and shall be limited to the raised patio and the side courtyard to the north of the building. 6. ALCOHOL SERVICE: The service of alcohol for the restaurant dining area (inside and outside) 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. 7. DELIVERIES: Deliveries shall be limited to 7:00 a.m. 12:00 p.m. 8. LIVE ENTERTAINMENT: Live entertainment is not permitted without a valid entertainment permit. 9. PORCH AREA: Patrons shall not be permitted to wait for seating on the front porch past 10:00 p.m. TO THE SATISFACTION OF THE CHIEF OF POLICE: 10. GENERAL: The restaurant is subject to the following: a. 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. EXHIBIT A b. 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. C. All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. d. All licensed operators shall have and shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. e. Taxicab telephone numbers shall be posted in a visible location. f. A restaurant employee shall seat patrons in the outside dining area. g. An operational agreement shall be required between the Operator and the Town for late night alcohol service. N: \DEV \CONDITNS\2013 \115 NSC.doc