Loading...
1994-043-Denial Of Application For Permission To Extend Operating Hours For A Restaurant And Bar In The C-2 ZoneRESOLUTION 1994 -43 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION FOR PERMISSION TO EXTEND OPERATING HOURS FOR A RESTAURANT AND BAR IN THE C -2 ZONE; CONDITIONAL USE PERMIT APPLICATION U- 77 -24E (PROPERTY ADDRESS 130 -G N. SANTA CRUZ AVENUE /PROPERTY OWNER: VARGO PROPERTIES /APPLICANT: LOS GATOS BREWING COMPANY) RESOLVED BY THE TOWN COUNCIL: WHEREAS, Town Code § 29.20.200 allows the Town to approve modifications to a conditional use permit when the modifications are consistent with the existing conditional use permit, and WHEREAS, the Applicant has requested the Town to allow an extension of hours on various days of the week, and WHEREAS, the Town Council has approved a Town -wide Policy Regulating the Service and Consumption of Alcoholic Beverages, and WHEREAS, at a duly noticed public hearing, the Council received testimony and written submittals from a number of neighbors as well as the Applicant, and the Council has considered the recommendations and discussions of the Development Review Committee and the Planning Commission, and WHEREAS, the Applicant has withdrawn its request to remain open past 11 p.m. on Thursday night, and WHEREAS, the extension of the hours will not adversely affect the neighborhood or the Town in that the Applicant has demonstrated that it is able to be a good neighbor, and WHEREAS, there is no record of complaints regarding the current use of the property, and WHEREAS, the community will benefit from the current use serving as an example of how such a use can be operated in a way that does not adversely affect the Town or the neighborhood, and the employment of security guards around the premises as required by this approval will increase the safety of both the patrons and the public, particularly in Parking Lot Nos. 2, 3, and 4, and WHEREAS, the neighbors of this use are generally supportive of the extension of hours as set out in Exhibit A hereto, and WHEREAS, the Planning Commission erred in that the Commission did not, and could not, have before it the revised policy regarding alcohol service and consumption, and therefore could not balance the extension of hours with the imposition of operating conditions, NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS: 1. The appeal of the Applicant from the Planning Commission decision to deny its request for an extension of hours is granted as set forth below. 2. Applicant will be permitted to extend its operating hours in conformance with the terms and conditions set out in Exhibit A hereto. Except as expressly modified by the terms of this Resolution, all other conditions imposed on the use under U- 77 -24E shall remain in effect. 3. This decision does not and shall not establish any precedent for permitting extension of operating hours, and the Town shall continue to examine each such request on a specific operation and location basis under the Town Code and Policy. 4. The Town of Los Gatos has adopted the provisions of Code of Civil Procedure § 1094.6, so any challenge to this decision of the Council must be filed in a court of appropriate jurisdiction no more than ninety (90) days from the date of adoption of this Resolution unless a shorter time is required by State law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of March, 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: MAYOR O LOS GATC � 1 C CLERK OF THE TOWN of LOS GATOS LOS GATOS, CALIFORNIA 2 TOWN OF/LOS GATOS EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT APPLICATION U- 77 -24E PROPERTY ADDRESS: 130 -G NORTH SANTA CRUZ AVENUE TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. Maximum seating in the restaurant and bar shall not exceed 213. 2. Maximum seating in the bar area shall not exceed 50. 3. Beer and wine may be served in the dining area in association with meal service only. 4. This approval includes a separate bar and beer and wine license for on -site consumption. Sale of beer and wine for off -site consumption is prohibited. 5. Hours of operation are limited to: Monday through Thursday 11 AM to 11 PM Friday 11 AM to 1 AM Saturday 10 AM to 1 AM Sunday 10 AM to 11 PM 6. Meal service in the dining area 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 alcoholic beverage service is available. 7. There shall be no live entertainment unless an approved permit process is adopted by Council and a permit has been obtained. 8. Solid brewery waste products shall be stored within the building in sealed, air -tight containers and removed within 24 hours of the time the waste products are generated. Such containers shall be cleaned after each use with the residue trapped and discharged to the sanitary sewer. 9. Should sanitary sewer discharges from the facility be increased above average levels, the brewery operator shall contact the Regional Water Quality Control Plant for disposal instructions, prior to disposal. ATNY020 \CVCLRPTS \LGBREWIVG.RES EXHIBIT A 10. If it is determined that noise emitted form the brewery equipment exceeds ambient noise levels as established by Town Code, the Town will require the applicant to implement necessary insulation or noise mufflers as needed to abate any violations of the noise ordinance. TO THE SATISFACTION OF THE CHIEF OF POLICE: 11. 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. Non - uniformed, privately provided security guards will be required in and around the premises during the following hours: 11 PM each Friday night to 1:15 AM on the following Saturday morning and 11 PM each Saturday night to 1:15 AM on the following Sunday morning 12. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Los Gatos Police Department for on -going employee training on alcoholic beverage service to the general public. 13. An employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association shall be provided to all employees. 14. This establishment shall have and actively promote a designated driver program such as complementary non - alcoholic beverages for designated drivers. 15. Taxicab telephone numbers shall be posted in a visible location. 16. On Saturdays and Sundays, no alcoholic beverages shall be served other than with meals between the hours of 10 AM and 11 AM. 17. The bar shall remain closed until 11 AM. ATNY020 \CNCLRP'PS \LGBREWING.RES EXHIBIT A 2