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.
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