Attachment 4 through 7ORDINANCE 2021
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF
ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA
'I1IE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The C-2 (Central Business District Commercial) zone of the :rown of Los Gatos · contains a
mix of retail, restaurant, 81\d asspc~d uses that sustains the eeonemic vitality and historic
atmosphere of the area, and is an essential part of the community. However, too many restamants
concentrated in this one area would displace retail uses that are vital to contin~ success and to
having businesses that attract Town reside11ts throughout the-day. This ordinance is intended to
discourage 1he displacement 9f retail uses by restaurailt uses· by requiring the Planning ~mmission to
conduct @ careful ~yiew of all applications for new restaurant uses in the C.2 z.oqe ·through .the public
.he.arin~ J>.toc.ess.
SECTION II
Section 29 .10.020 ~s amende4 to read as foUows:
*****
Bar means a drinking place where alcoholic beverages and snacl;cs are served; possibly with . .
entertainment such as music, television screens, video gam~ or pool ~bl~.
Restaur:ant,fast fopt! m~ ~restaurant with a large c:arry~ut cliemeie, long hq~ of ~~rvice,
some open for breakfast but all open for lunch and dinner, and ~gh turnover rates for eat-in
customers.
Restaurant, high turnover (sit-down) means a restaurant with tunwver rates generally of less
than one hour, is usually moderately priced and frequently belo~ to a restaurant chain, generally
serve breakfast, lunch and dinner, and are sometimes open 24 hours a day .
•••••
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at
ATTACHMENT 4
' .
least one hour or longer, generally do n9t serve breakfast. may not serve lunch, but always serve
dinner .
•••••
SECTION ill
Subsection (16) of Section 29.20.745 is amended to reiad as follows:
(16) Determine and ismie zoning approval for minor restamts that are located outside
Downtown [the C-2 zone].
SECTION IV
Subsection (8) of Section 29 ;20. 750 iS amended to read as follows:
(8) Determines oonditional use permit applicatio~ that ar~rnoi :umgnoo 10 the
Development Review &mmitiee.
SBOrlON"V
nJs or~ w~ intJ;Qduced at a:~gular meettDg of the Town 'COUncll of~ T()wp of
~.s. Gatos on Au~~·· 19% mid adoptea by the followmg;vo~ u ·~ ~ <>'f the Tu.wn of
Los .. '!Juos at a ~ar meeti. •. -of ~e Town Council of~ tfown of tos· Gatos on ~tetri\jet i6,
1996. This ordinance takes effect .30 days after it is tdoptfli t
COUNCIL MBM}3~:
AYES: Joanne Benjamin, steven Bl~ton, Linda Ltlbeek, Patrick O'Laughlin,
Mayor Randy Attaway .
ABSEbl'f:, None
. -' .... . . . ~~~--
. .. . SIUNED: .. ' · MA~O . TOWN ... · .LOS GATOS
LOS QATOS, CALIFO~
.A..:rr~; . r
~u~
C):..EU QF TIIE TOWN QF LOS GATOS
LOS GATOS, CALIFORNIA
2
ATTACHMENT 5
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT FOR A RESTAURANT
(WINE CELLAR) TO ALLOW FOR AN INCREASE OF
60 ADDITIONAL SEATS, TO MODIFY THE DISTRIBUTION
OF EXISTING SEATING, AND TO ALLOW INDOOR ENTERTAINMENT
BEFORE 10:00 P.M. ON PROPERTY ZONED C-2:LHP:PD
APN: 529-02-044
CONDITIONAL USE PERMIT APPLICATION: U-16-004
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
APPLICANT: MARK ENGLISH ARCHITECTS
PROPERTY OWNER: SRI OLD TOWN LLC
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP)
application for an increase of 60 additional seats, to modify the distribution of existing seating,
and to allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
WHEREAS, on September 28, 2016, the Planning Commission considered a request for
approval of CUP application U-16-004 on property zoned C-2:LHP:PD. The Planning
Commission recommended approval of the request with a modified Condition of Approval,
finding that the proposed use of the property is essential or desirable to the public convenience in
that it will provide high quality indoor and outdoor dining options for residents and visitors, the
proposed use will not impair the integrity and character of the zone in that the proposed use
maintains an existing restaurant use with full bar service in a commercial zone, the proposed use
would not be detrimental to public health, safety or general welfare in that the conditions
regarding operating hours and seating on the permit would maintain the welfare of the
community, the proposed use of the property is in harmony with the various elements or
Draft Resolution to
be modified by Town
Council deliberations
and direction.
objectives of the General Plan and the purposes of the Town Code as discussed within the
September 28, 2016 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 materials contained in the Council Agenda Report for
their meeting on November 1, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
B. Pursuant to Town Code section 29.20.190:
1. The proposed use is desirable to the public convenience and welfare in that it
will provide high quality indoor and outdoor dining options for residents and
visitors; and
2. The proposed use will not impair the integrity of the zone, in that the proposed
use maintains an existing restaurant use with full bar service in a commercial
zone; and
3. The proposed use will not be detrimental to public health, safety or general
welfare, as the conditions regarding operating hours and seating on the permit
will mitigate potential impacts; and
4. The proposed use is in harmony with the General Plan and Town Code.
C. The Conditional Use Permit is in conformance with Planned Development
Ordinance 2025.
D. 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 general commercial uses.
E. As required by Chapter II, Section 6, of the Town Alcohol Beverage Policy for
granting alcohol service beyond the hours of 10:00 p.m.
1. Late night service will not adversely impact adjacent residential
neighborhoods; and
2. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy; and
3. The applicant has demonstrated a clear benefit to the community.
NOW, THEREFORE, BE IT RESOLVED:
1. CUP application U-16-004 for an increase of 60 additional seats, to modify the
distribution of the existing seating, and to allow indoor entertainment before 10:00 p.m. 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 1st day of November, 2016, 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\RESOS\2016\University-50-Suite 180_Approve.docx
PLANNING COMMISSION – September 28, 2016
CONDITIONS OF APPROVAL
50 University Avenue, Suite 180
Conditional Use Permit Application U-16-004
Requesting approval to modify an existing Conditional Use Permit for a restaurant (Wine
Cellar) to allow for an increase of 60 additional seats, to modify the distribution of existing
seating, and to allow entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
APN 529-02-044.
PROPERTY OWNER: Sri Old Town LLC
APPLICANT: Mark English Architects
CONTACT PERSON: Steve Hauck, Wine Cellar
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, Development Review Committee or the Planning
Commission depending on the scope of the changes.
2. EXPIRATION: The 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.
3. RESTAURANT USE: A quality restaurant and full service bar is permitted.
4. HOURS: The hours of operation for the restaurant shall be 11:00 a.m. to 2:00 am. Monday
through Friday and 9:30 a.m. to 2:00 a.m. Saturday and Sunday.
5. SEATS: The maximum allowed seating is 140 200 (79 72 inside dining seats, 15 10 bar
seats, 46 58 outside dining seats, and 60 private dining seats).
6. ALCOHOL SERVICE: No alcoholic beverages outside of the bar area shall be served
without meal service. 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.ENTERTAINMENT: Acoustic musical entertainment is permitted inside only and shall be
limited to Thursday, Friday, and Saturday only. There shall be no amplified music inside or
outside the restaurant.
7. ENTERTAINMENT: Indoor entertainment before 10:00 p.m. in conformance with the
Town Policy Regulating Late Night Entertainment is allowed.
8. RECYCLED CONTAINERS: Any take-out food shall be served in containers made of
recycled materials.
9. REUSABLE CONTAINERS: Pursuant to Town Code all on-site meals shall be served
with re-usable dishware and utensils.
10. 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 pursuant
to Section 29.20.340 of the Zoning Ordinance.
11. 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
EXHIBIT A
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.
12. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13. 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.
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.
Building Division
14. PERMITS REQUIRED: A Building Permit shall be required for any and all alterations to
the existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
15. 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.
16.SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
17. DEMOLITION REQUIREMENTS: Be sure that all utilities have been disconnected or
“Safe Back” to disconnect. No demolition work shall be done without first obtaining a
Permit from the Town.
18. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
forms must be blue-lined on the plans including lighting compliance resulting from lighting
changes and for the mandatory measures.
19. 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. Necessary work shall first be investigated
by the design Architect and then confirmed by Building Division Staff.
20. PLANS: The plans for this commercial building project shall be prepared under the direct
supervision of a licensed Architect or Engineer. (Business and Professionals Code Section
5537)
21. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a.Community Development – Planning Division: Jocelyn Puga (408) 354-6875
b. Santa Clara County Fire Department: (408) 378-4010
22. ADVISORY COMMENTS for EXTERIOR MODIFICATIONS & TENANT
IMPROVEMENTS:
a.In addition to all new work complying with the Code for accessibility, when existing
Buildings are altered or remodeled they must be made accessible to persons with
physical disabilities in accordance with the CBC Section 11B-202, “Accessibility for
Existing Buildings”. Existing accessibility features and/or elements required to be
accessible in order of priority include: (a) Accessible main entrances with required
signage and door hardware and 24” strike side clearance; (b) Accessible route to altered
area (including parking space and path of travel from public way and necessary
signage); and (c) Accessible Restrooms.
b. If Tenant Improvements are made and the cost of these alterations or remodeling is less
than a threshold amount (currently at $150,244.00) and the cost to provide all those
features listed above is disproportionate to the improvement costs (i.e. more than 20%
of the budget), then the Owner is only required to provide disabled access upgrades to
20% of the project budget or the plans shall show full accessibility compliance. Please
obtain the Town 20% Rule Form from the Town Permit Counter or download from the
Town of Los Gatos website at www.losgatosca.gov and completely fill it out showing
all the required upgrades that will be provided and their costs. This form must be
permanently affixed (i.e. blue-lined, sticky-backed) onto the plans.
c.Exiting and Occupant Load shall be in strict compliance with California Building Code
Chapter 10. A minimum of two exits, adequately separated, are required from the new
dining area.
d. Maintain a minimum aisle width of 36 inches.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
23. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related mud, silt, concrete, dirt and other construction 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 an
encroachment permit is issued. The Applicant'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 issuance of correction notices, citations, or stop work orders and
the Town performing the required maintenance at the Applicant's expense.
24. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use
or occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
25. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
26.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.
27. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to 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. The Town may authorize, on a case-by-
case basis, alternate construction hours. The Applicant shall provide written notice twenty-
four (24) hours in advance of modified construction hours. Approval of this request is at
discretion of the Town.
28. 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 from the source. 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.
29. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan that shall incorporate at a
minimum the Project Schedule, employee parking, construction staging area and proposed
outhouse locations, as applicable.
30.GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised 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 an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. 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 an encroachment permit is issued. The Applicant'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 penalties and/or the Town performing the required
maintenance at the Applicant's expense.
31. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
32. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the Applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
33. FIRE SPRINKLERS: Modification of the existing fire sprinkler system will be required. A
State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work. NOTE: The owner(s), occupant(s), and
any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor
of record in order to determine if any modification or upgrade of the existing water service
is required CRC Sec. 313.2 as adopted and amended by LGTC.
34. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an applicant capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
35. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers, or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers or
alphabetic letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a
minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
36. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and Standard Detail and Specification SI-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the project.
N:\DEV\CONDITIONS\2016\University50Suite180 TC Final.docx
ATTACHMENT 6
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REMANDING A REQUEST TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT FOR A RESTAURANT
(WINE CELLAR) TO ALLOW FOR AN INCREASE OF
60 ADDITIONAL SEATS, TO MODIFY THE DISTRIBUTION
OF EXISTING SEATING, AND TO ALLOW INDOOR ENTERTAINMENT
BEFORE 10:00 P.M.ON PROPERTY ZONED C-2:LHP:PD
TO THE PLANNING COMMISSION
APN: 529-02-044
CONDITIONAL USE PERMIT APPLICATION: U-16-004
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
APPLICANT: MARK ENGLISH ARCHITECTS
PROPERTY OWNER: SRI OLD TOWN LLC
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP)
application for an increase of 60 additional seats, to modify the distribution of existing seating,
and to allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
WHEREAS, on September 28, 2016, the Planning Commission considered a request for
approval of CUP application U-16-004 on property zoned C-2:LHP:PD. The Planning
Commission recommended approval of the request with a modified Condition of Approval,
finding that the proposed use of the property is essential or desirable to the public convenience in
that it will provide high quality indoor and outdoor dining options for residents and visitors, the
proposed use will not impair the integrity and character of the zone in that the proposed use
maintains an existing restaurant use with full bar service in a commercial zone, the proposed use
would not be detrimental to public health, safety or general welfare in that the conditions
regarding operating hours and seating on the permit would maintain the welfare of the
community, the proposed use of the property is in harmony with the various elements or
Draft Resolution to
be modified by Town
Council deliberations
and direction.
objectives of the General Plan and the purposes of the Town Code as discussed within the
September 28, 2016 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 materials contained in the Council Agenda Report for
their meeting on November 1, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. CUP application U-16-004 for an increase of 60 additional seats, to modify the
distribution of the existing seating, and to allow indoor entertainment before 10:00 p.m. 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 1st day of November, 2016, 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\RESOS\2016\University-50-Suite 180_Remand.docx
ATTACHMENT 7
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT FOR A RESTAURANT
(WINE CELLAR) TO ALLOW FOR AN INCREASE OF
60 ADDITIONAL SEATS, TO MODIFY THE DISTRIBUTION
OF EXISTING SEATING, AND TO ALLOW INDOOR ENTERTAINMENT
BEFORE 10:00 P.M. ON PROPERTY ZONED C-2:LHP:PD
APN: 529-02-044
CONDITIONAL USE PERMIT APPLICATION: U-16-004
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
APPLICANT: MARK ENGLISH ARCHITECTS
PROPERTY OWNER: SRI OLD TOWN LLC
WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP)
application for an increase of 60 additional seats, to modify the distribution of existing seating,
and to allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
WHEREAS, on September 28, 2016, the Planning Commission considered a request for
approval of CUP application U-16-004 on property zoned C-2:LHP:PD. The Planning
Commission recommended approval of the request with a modified Condition of Approval,
finding that the proposed use of the property is essential or desirable to the public convenience in
that it will provide high quality indoor and outdoor dining options for residents and visitors, the
proposed use will not impair the integrity and character of the zone in that the proposed use
maintains an existing restaurant use with full bar service in a commercial zone, the proposed use
would not be detrimental to public health, safety or general welfare in that the conditions
regarding operating hours and seating on the permit would maintain the welfare of the
community, the proposed use of the property is in harmony with the various elements or
Draft Resolution to
be modified by Town
Council deliberations
and direction.
objectives of the General Plan and the purposes of the Town Code as discussed within the
September 28, 2016 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 materials contained in the Council Agenda Report for
their meeting on November 1, 2016, 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 at the November 1, 2016 Council meeting, including all
written materials and testimony regarding this application
NOW, THEREFORE, BE IT RESOLVED:
1. CUP application U-16-004 for an increase of 60 additional seats, to modify the
distribution of the existing seating, and allow indoor entertainment before 10:00 p.m. 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 1st day of November, 2016, 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\RESOS\2016\University-50-Suite 180_Deny.docx