Attachments 1-6REQUIRED FINDINGS FOR:
81 W. Main Street
Conditional Use Permit U -14 -002
Requesting approval to modify a Conditional Use Permit to increase seating and provide
full alcoholic beverage service for a restaurant (Zona Rosa) on property zoned C- 2:LHP.
APN 529 -01 -025.
PROPERTY OWNER: Vermont Building, LLC /Sue Farwell
APPLICANT: Anna Pizzo
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town. No significant effect on the environment will occur
since the project uses an existing structure with no increase in floor area.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare in that the use would add variety to the existing Mexican restaurant concepts
currently in the downtown area with a light eating concept that would be well received by
locals and visitors; and
(2) The proposed use will not impair the integrity and character of the zone in that the use
will be in a commercial zone; and
(3) The proposed use would not be detrimental to public health, safety or general 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
(4) The proposed use of the property is in harmony with the various elements or objectives of
the General Plan and the purposes of the Town Code as discussed within the March 26,
2014, Planning Commission Staff Report.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under commercial uses.
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ATTACHMENT 1
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -14 -002
APN: 529 -01 -025
CONDITIONAL USE PERMIT APPLICATION: U -14 -002
PROPERTY LOCATION: 81 W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC /SUE FARWELL
APPLICANT: ANNA PIZZO
WHEREAS; This matter came before the Town Council for public hearing May 5, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP)
modification to increase seating and provide full alcoholic beverage service for a restaurant
(Zona Rosa) on property zoned C- 2:LHP. The applicant requested 26 seats and maximum hours
of operation of 10:00 a.m. to 10:00 p.m., seven days a week.
WHEREAS, On March 26, 2014, the Planning Commission considered a request for
approval of CUP application U -14 -002 on property zoned C- 2:LHP. The Planning Commission
recommended approval of the request with new and modified Conditions of Approval, finding
that the proposed use of the property is essential or desirable to the public convenience or
welfare in that the use would add variety to the existing Mexican restaurant concepts currently in
the downtown area with a light eating concept that would be well received by locals and visitors;
the proposed use will not impair the integrity and character of the zone in that the use will be in a
commercial zone; and the proposed use would not be detrimental to public health, safety or
general 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 the proposed use of the
property is in harmony with the various elements or objectives of the General Plan and the
ATTACHMENT 2
purposes of the Town Code as discussed within the March 26, 2014, Planning Commission Staff
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 May 5, 2014, 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 for its meeting on May 5,
2014, and incorporate the findings made by the Planning Commission on March 26, 2014,
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. CUP application U -14 -002 to increase seating and provide full alcoholic beverage
service for a restaurant (Zona Rosa) 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 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 5`h day of May, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL — May 5, 2014
81 W. Main Street
Conditional Use Permit U -14 -002
Requesting approval to modify a Conditional Use Permit to increase seating and provide
full alcoholic beverage service for a restaurant (Zone Rosa) on property zoned C- 2:LHP.
APN 529 -01 -025.
PROPERTY OWNER: Vermont Building, LLC /Sue Farwell
APPLICANT: Anna Pizzo
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. Any changes or modifications 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 turnover sit -down restaurant with full alcoholic beverage
service. A standalone bar or counter is not permitted.
5. SEATING: The maximum number of seats is 26. Outdoor seating is not permitted.
6. HOURS OF OPERATION: Maximum hours of operation 10:00 a.m. to 10:00 p.m., seven
days a week. -
7. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
8. ALCOHOL 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. No separate bar is allowed and alcoholic beverage service is not
allowed outside.
9. 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.
10. 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.
11. COMMUNITY BENEFIT: The applicant has offered the following community benefit to
offset traffic impacts created by the proposed project: a public bench. The community
benefit shall be provided to the Town prior to issuance of building permits or
commencement of operation, whichever occurs first.
12. 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.
13. 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.
E MMIT A
ofAttachment 2
14. 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.
15. ELECTRONIC PAGERS: The applicant shall consider the use of electronic pagers for
patrons waiting to be seated.
16. 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
17. 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.
18. 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.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
20. 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.
21. 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
22. GENERAL: All public improvements shall be made according to. the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
23. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Department prior to releasing of any permit.
24. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
25. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk- through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Sidewalk replacement shall be Villa Hermosa Style and shall be constructed per Town
requirements and standards ST -224 and ST -225.
26. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
27. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
28. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
29. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer shall
notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed
changes. Any approved changes shall be incorporated into the final "as- built" plans.
30. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
31. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to the
project's share of transportation improvement needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be
paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is $11,200. The fee is based on the
existing high turnover restaurant rate with 6 seats and the proposed application with 26
seats. The estimated trips are as follows: ADT: 97 trips; AM Peak hour: Zero trips; PM
peak hour: 8 trips. The final fee shall be calculated from the final plans using the rate
schedule in effect at the time of the building permit application.
32. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
33. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten ,thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
34. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on
the property, the measurement shall be made at distances as close to twenty -five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty -five (85) dBA.
35. 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.
36. 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.
37. 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.
38. 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.
39. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all rimes during working hours.
The storing of goods and /or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division. The adjacent public right -of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and/or the street will not be allowed unless a special permit is
issued. The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of -way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
40. 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.
41. 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.
42. 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.
43. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
44. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REMANDING A REQUEST TO APPROVE CONDITIONAL USE PERMIT
APPLICATION U -14 -002 TO THE PLANNING COMMISSION
FOR FURTHER CONSIDERATION
APN: 529 -01 -025
CONDITIONAL USE PERMIT APPLICATION: U -14 -002
PROPERTY LOCATION: 81 W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC /SUE FARWELL
APPLICANT: ANNA PIZZO
WHEREAS, this matter came before the Town Council for public hearing May 5, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP)
modification to increase seating and provide full alcoholic beverage service for a restaurant
(Zona Rosa) on property zoned C- 2:LHP. The applicant requested 26 seats and maximum hours
of operation of 10:00 a.m. to 10:00 p.m., seven days a week.
WHEREAS, On March 26, 2014, the Planning Commission considered a request for
approval of CUP application U -14 -002 on property zoned C- 2:LHP. The Planning Commission
recommended approval of the request with new and modified Conditions of Approval, finding
that the proposed use of the property is essential or desirable to the public convenience or
welfare in that the use would add variety to the existing Mexican restaurant concepts currently in
the downtown area with a light eating concept that would be well received by locals and visitors;
the proposed use will not impair the integrity and character of the zone in that the use will be in a
commercial zone; and the proposed use would not be detrimental to public health, safety or
general 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 the proposed use of the
ATTACHMENT 3
property is in harmony with the various elements or objectives of the General Plan and the
purposes of the Town Code as discussed within the March 26, 2014, Planning Commission Staff
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
its meeting on May 5, 2014, along with any and all subsequent reports and materials prepared
concerning this application.
NOW, THEREFORE, BE IT RESOLVED THAT:
CUP application U -14 -002 to increase seating and provide full alcoholic beverage
service for a restaurant (Zona Rosa) on property zoned C -2:LHP is remanded to the Planning
Commission for further consideration.
2. The decision does not constitute a final administrative decision and the application
will be returned to the Planning Commission for further recommendation. The application will then
be sent back to Council for a final decision.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 5h day of May, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: DEV' ;,RFSOS`20I4` -. .Remand WN]ain8l.dl sx
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST TO APPROVE CONDITIONAL USE PERMIT
APPLICATION U -14 -002
APN: 529 -01 -025
CONDITIONAL USE PERMIT APPLICATION: U -14 -002
PROPERTY LOCATION: 81 W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC /SUE FARWELL
APPLICANT: ANNA PIZZO
WHEREAS, This matter came before the Town Council for public hearing May 5, 2014,
and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for a Conditional Use Permit (CUP)
modification to increase seating and provide full alcoholic beverage service for a restaurant
(Zona Rosa) on property zoned C- 2:LHP. The applicant requested 26 seats and maximum hours
of operation of 10:00 a.m. to 10:00 p.m., seven days a week.
WHEREAS, On March 26, 2014, the Planning Commission considered a request for
approval of CUP application U -14 -002 on property zoned C- 2:LHP. The Planning Commission
recommended approval of the request with new and modified Conditions of Approval, finding
that the proposed use of the property is essential or desirable to the public convenience or
welfare in that the use would add variety to the existing Mexican restaurant concepts currently in
the downtown area with a light eating concept that would be well received by locals and visitors;
the proposed use will not impair the integrity and character of the zone in that the use will be in a
commercial zone; and the proposed use would not be detrimental to public health, safety or
general 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 the proposed use of the
property is in harmony with the various elements or objectives of the General Plan and the
ATTACHMENT 4
purposes of the Town Code as discussed within the March 26, 2014, Planning Commission Staff
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 May 5, 2014, 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 not desirable
to the public convenience; will impair the integrity and character of the zone; would be
detrimental to public health, safety or general welfare; and is not 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 for its meeting on May 5,
2014, and incorporates the findings made by the Planning Commission on March 26, 2014,
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. CUP application U -14 -002 to increase seating and provide full alcoholic beverage
service for a restaurant (Zona Rosa) on property zoned C -2:LHP is denied.
2. 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 5`h day of May, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: DE V .RESOS`3013`..Dcny_WNIuin3Lducx
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CONDITIONS OF APPROVAL —May 5, 2014
81 W. Main Street
Conditional Use Permit U -14 -002
Requesting approval to modify a Conditional Use Permit to increase seating and provide
full alcoholic beverage service for a restaurant (Iona Rosa) on property zoned C- 2:LHP.
APN 529 -01 -025.
PROPERTY OWNER: Vermont Building, LLC /Sue Farwell
APPLICANT: Anna Pizzo
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. Any changes or modifications 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 turnover sit -down restaurant with full alcoholic beverage
service. A standalone bar or counter is not permitted.
5. SEATING: The maximum number of seats is 26. Outdoor seating is not permitted.
6. HOURS OF OPERATION: Maximum hours of operation 10:00 a.m. to 10:00 p.m., seven
days a week.
7. LIVE ENTERTAINMENT: No live entertainment or amplified music is allowed.
8. ALCOHOL 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. No separate bar is allowed and alcoholic beverage service is not
allowed outside.
9. 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.
10. 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.
11. COMMUNITY BENEFIT: The applicant has offered the following community benefit to
offset traffic impacts created by the proposed project: a public bench. The community
benefit shall be provided to the Town prior to issuance of building permits or
commencement of operation, whichever occurs first.
12. 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.
13. 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.
ATTACHMENT 5
14. 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.
15. ELECTRONIC PAGERS: The applicant shall consider the use of electronic pagers for
patrons waiting to be seated.
16. 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
17. 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.
18. 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.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
20. 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.
21. 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
22. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
23. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Department prior to releasing of any permit.
24. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
25. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk - through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Sidewalk replacement shall be Villa Hermosa Style and shall be constructed per Town
requirements and standards ST -224 and ST -225.
26. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
27. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
28. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
29. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer shall
notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed
changes. Any approved changes shall be incorporated into the final "as- built" plans.
30. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
31. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to the
project's share of transportation improvement needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be
paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is $11,200. The fee is based on the
existing high turnover restaurant rate with 6 seats and the proposed application with 26
seats. The estimated trips are as follows: ADT: 97 trips; AM Peak hour: Zero trips; PM
peak hour: 8 trips. The final fee shall be calculated from the final plans using the rate
schedule in effect at the time of the building permit application.
32. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
33. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
34. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on
the property, the measurement shall be made at distances as close to twenty-five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty -five (85) dBA.
35. 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.
36. 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.
37. 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.
38. 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.
39. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division. The adjacent public right -of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and/or the street will not be allowed unless a special permit is
issued. The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of -way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
40. 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.
41. 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.
42. 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.
43. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
44. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
ATTACHMENT '6
'(1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17' day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None /
SIGNED: eR TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GAT, CALIFORNIA
. ,
—i
2
l
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection ofresidential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements:
IL General policy
1. The Town shall continue to strongly discourage new applications for stand alone bars
or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
of Attachment 6
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5. Any establishment serving alcoholic beverages shall be 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.
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 Californian
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.
6. The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past IOPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
B. The applicant does not have a history of complaints and non - compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Las Gatos
Alcoholic Beverage Policy
Page 3 of 4
IIL Speck Policy
1. Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the Community Development Department. The following process will
be followed:
a. The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surroundinglimpacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
C. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.3 10 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
N. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.310(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;
H. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
N. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains
the right of review and approval (or denial) of each project based on its merits.
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