1996-138 - Grant in part an appeal of a Planning Commission decision to deny a modification of a CUP to serve beer and wine with meals and to expand restaurant seating at 7-9 N Santa Cruz AveRESOLUTION 1996 - 138
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
IN PART AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A
MODIFICATION OF A CONDITIONAL USE PERMIT TO SERVE BEER AND WINE
WITH MEALS AND TO EXPAND RESTAURANT SEATING ON PROPERTY
LOCATED IN THE C -2 LP ZONE WITH CONDITIONS AND DENYING AN APPEAL
OF A COMMISSION DECISION TO DENY MODIFICATION TO EXPAND AN
EXISTING RESTAURANT INTO RETAIL SPACE; PROJECT APPLICATION PRJ -96 -83
(PROPERTY ADDRESS: 7 - 9 NORTH SANTA CRUZ AVENUE
PROPERTY OWNERS: LACANADA FAMILY
APPLICANT /APPELLANT: CW GOURMET, INC.)
WHEREAS:
A. This matter came before the Council for public hearing on October 7, 1996, on an
appeal by the applicant from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and
property owners and all interested persons who wished to testify or submit documents. The
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet attached to the Council Agenda Report dated September
27, 1996, concerning this application.
C. It is necessary to sustain the balance of retail and restaurant use in the Downtown
area so that Downtown Los Gatos does not become a place to go only to eat out like some
neighboring communities have. Tipping that balance to restaurant use would jeopardize the
community in an economic downturn.
D. This particular area of the Downtown is particularly delicate because of the number
of restaurants that already exist in a very short radius from the property, and the traffic increase
that would occur from the expansion.
E. It is understood that the retail space may be difficult to lease, but many spaces in
the Downtown area present similarly difficult situations, so this property is not unusual in that
aspect
F. However, in order to make the existing space more viable and competitive as a sit -
down restaurant, service of beer and wine could be an important element. There are a number
of nearby examples of successful, primarily sit -down restaurants, and those have as an ingredient
a beer and wine sales for on- premises consumption.
G. The proposed conditions would limit the alcohol usage.
I3. The existing space will also accommodate additional seats as specified in Condition
Number 1 in Exhibit A, and placement of these seats will enhance the sit -down quality of the use.
The effect of approval of this project on the parking space credit balance for the La Canada
Building is contained in Exhibit B.
L This combination of increased seating in the existing space with beer and wine
service for on- premises consumption as enhancing the sit -down quality is new information not
available to the Planning Commission, and it is appropriate for the Council to grant the appeal in
this limited way.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit
Application PRJ -96 -83 is granted insofar as follows: the applicant shall be allowed to sell beer
and wine in the existing restaurant space and to have up to 38 seats in the existing restaurant space
subject to the provisions of the Town Code and the conditions specified in Exhibit A hereto. In
all other respects the appeal is denied.
Pursuant to Town Code § 29.20.320, this approval will expire two years from the date that
this resolution was adopted unless the approval is used before expiration. Section 29.20.335
defines what constitutes use of an approval granted under the Zoning Code. Reasonable time
extensions of the approval not exceeding one year may be granted upon application to and
approval by the Planning Commission, but the Commission approval must occur before the initial
expiration of the approval occurs.
This 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
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and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 4th day of November, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Randy Attaway
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MS GATOS
LOS GATOS, CALIFO A
ATTEST:
CL ✓ C U-a .) �t 1
ERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA "
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EXHIBIT A
CONDITIONS OF APPROVAL OF
PROJECT APPLICATION PRJ -96 -83
7 NORTH SANTA CRUZ AVENUE
TO SATISFACTION OF PLANNING DIRECTOR:
(Planning Department)
1
2
[C]
4
5.
63
SEATING: The restaurant seating shall not exceed thirty -eight (38) seats.
ALCOHOL: Beer and wine shall be served only with meals, and all beer and wine
service shall stop at 10:00 p.m.
HOURS: The hours of operation shall be limited to:
Sunday through Thursday
Friday and Saturday
Holidays and evenings
before holidays
- 11:00 a.m. to 10:00 p.m.
- 11:00 a.m. to 11:00 p.m.
- 11:00 a.m. to 11:00 p.m.
TRASH: The area in front of and adjacent to the restaurant shall be kept clear of trash.
RECYCLED CONTAINERS: Any take -out food shall be served in recycled
containers.
REUSABLE UTENSILS: All meals served on -site shall be on re- usable utensils.
7. TRAFFIC IMPACT MITIGATION FEE: A Traffic Impact Mitigation Fee shall be
paid prior to the issuance of a Certificate of Use and Occupancy. The amount of the fee
shall be based on the current fee schedule adopted by Council at the issuance of building
pennits. It is currently estimated at $8,690.51, based on the calculation of previous use as
a combination specialty retail and high turnover restaurant.
TO SATISFACTION OF THE POLICE CHIEF:
8. ALCOHOL RELATED PROBLEMS: 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.
A -1
9. EMPLOYEE TRAINING: At the discretion of the Chief of Police, periodic meetings
will be conducted with representatives from the Police Department for ongoing
employee training on alcoholic beverage service to the general public.
10. EMPLOYEE TRAINING: The restaurant shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
11. DESIGNATED DRIVER PROGRAM: The licensed restaurant operator shall have and
shall actively promote a designated driver program such as complimentary non - alcoholic
beverages for designated drivers.
12. TAXICABS: Taxicab telephone numbers shall be posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
13 PERMITS REQUIRED: A building permit application shall be required for each
proposed structure. Separate Electrical /Mechanical/Plumbing permit shall be required as
necessary.
14. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the
cover sheet of construction plan submitted for building permit.
15. SIZE OF PLANS: The maximum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
16. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms
shall be blue lined on the construction plans.
17. PLANS: The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer. (Business and Professionals Code § 5538)
18. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply
with the latest California Title 24 Accessibility Standards for disabled.
19. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall
comply with the latest California Title 24 Accessibility Standards for disabled. Work
shall include but not limit to have accessibility to building entrances from parking
facilities and sidewalks.
A -2
20. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall be upgraded to
comply with the latest California Title 24 Accessibility Standards for disabled. Necessary
work shall be first investigated by the design architect then confirmed by the Town staff.
21. COMMERCIAL - RESTAURANT USE: Proper size grease trap shall be installed.
The following agencies will review the grease trap requirements before issuance of the
building permit:
a) West Valley Sanitation District: 378 -2408
b) County Health Department: 299 -6060
c) Town Parks - Forestry & Maintenance Department: 354 -6808
22. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section
1701, the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit,
in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Department Service Counter. The Town Special inspection schedule
shall be blue lined on the construction plan.
23. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet (Size 24" X 36 ") is available at the Building
Department service counter.
24. APPROVALS REQUIRED: The Project requires the following agencies approval
before issuing a building permit:
a) Central Fire District: 378 -4015
b) County Health Department: 299 -6060
A -3
REVISED EXHIBIT B
RECALCULATION OF PARKING STATUS
OF THE LA CANADA BUILDING
(1, 3, 5, 7, 9, 11, 13, 15, and 17 N. SANTA CRUZ AVENUE -- APN 510 -44 -077)
FOLLOWING APPROVAL OF RESTAURANT USE IN PRJ -96 -83
AT 7 N. SANTA CRUZ AVENUE
The La Canada Building has a credit of 154 parking spaces in the Parking Assessment District and has 16
spaces on site (total of 170 spaces). Use before PJ -96 -83 required 154 parking spaces, leaving a 16-
space balance. An additional 25 seats is approved for the restaurant use at 7 N. Santa Cruz under PJ -96-
83. This would require 6 additional parking spaces based on the parking required for a restaurant with no
separate bar (1 space for each 4 seats: 38 total seats /4 = 10 total spaces). This leaves a balance of 10
available parking spaces for the La Canada Building under the current Town Code.
PARKING ANALYSIS BASED ON PROPOSED USE
REQUIRED PARKING
Uses
Square Footage
Seating /Ratio
Required Parkin
Office
5034 sq. ft.
n/a
21 spaces
Retail
14,454 sq. ft
n/a
49 spaces
Los Gatos Bar & Grill
120 seats
1 space /3 seats
40 spaces
Mt. Charley's
110 seats
1 space /3 seats
37 spaces
TCBY Yogurt
9 seats
1 space /4 seats
3 spaces
7 N. Santa Cruz
13 seats
1 space /4 seats
4 spaces
(current use)
TOTAL
154 spaces
Additional seating
25 seats
1 space /4 seats
6 spaces
(7 N. Santa Cruz)
TOTAL
160 spaces
PARKING PROVIDED
Location Spaces Provided
On -site 16 spaces
Parking District 154 spaces
Total Available 170 spaces
Total Required 160 spaces
PARKING BALANCE 10 spaces
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