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2016-064 - Approve request to modify the Wine Cellar Restaurant CUP at 50 University Ave #180RESOLUTION 2016 -064 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 1 of 9 Resolution 2016 -064 November 1, 2016 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. 2of9 Resolution 2016 -064 November 1, 2016 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. 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. 3 of 9 Resolution 2016 -064 November 1, 2016 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1" day of November, 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie NAYS: None. ABSENT: None. RECUSED: Marico Sayoc, Mayor Barbara Spector L MAYOR p4--FHA'0WN OF LOS GATOS LOS OS, CALIFORNIA _DATE: t j °F- ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: I I(O 4of9 Resolution 2016 -06'1 November I, 2016 TOWN COUNCIL— November 1, 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 200 (72 inside dining seats, 10 bar seats, 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: Indoor entertainment before 10:00 p.m. in conformance with the Town Policy Regulating Late Night Entertainment is allowed. 8. ADMINISTRATIVE REVIEW: An administrative review shall be completed by staff in six months to review the applicant's indoor entertainment. 9. RECYCLED CONTAINERS: Any take -out food shall be served in containers made of recycled materials. 10. REUSABLE CONTAINERS: Pursuant to Town Code all on -site meals shall be served with re- usable dishware and utensils. EXHIBIT A 5 of 9 Resolution 2016 -064 November 1, 2016 11. 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. 12. 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. 13. 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: 14. GENERAL: The restaurant is subject to the following: a. Uniformed privately provided security guards maybe 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 15. 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. 16. 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. 17. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42 ". 18. 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. 19. 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. 6 of 9 Resolution 2016 -064 November 1, 2016 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. Necessary work shall first be investigated by the design Architect and then confirmed by Building Division Staff. 21. 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). 22. 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 23. 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 118 -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 24. 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 7of9 Resolution 2016 -064 November 1, 2016 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. 25. 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. 26. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 8 of 9 Resolution 2016 -064 November 1, 2016 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. 32. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 33. 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: 34. 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. 35. 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. 36. 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. 37. 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. 9of9 Resolution 2016 -064 November 1, 2016