Attachment 3ATTACHMENT 3
RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT
TO ALLOW ON-SITE AND OFF-SITE BEER AND WINE SERVICE AND ENTERTAINMENT
BEFORE 10:00 P.M.
ON PROPERTY ZONED C-2:LHP
APN: 529-01-025
CONDITIONAL USE PERMIT APPLICATION: U-16-008
PROPERTY LOCATION: 91-101 W. MAIN STREET
PROPERTY OWNER: VERMONT BUILDING, LLC
APPLICANT: TERRI HOPE
‘
WHEREAS, the applicant requests approval for a modification to an existing Conditional
Use Permit (CUP) to allow on-site and off-site beer and wine and entertainment before 10:00
p.m. on property zoned C-2:LHP; and
WHEREAS, on March 8, 2017 the Planning Commission considered CUP application, U-
16-008, to modify an existing CUP on property zoned C-2:LHP. The Planning Commission
recommended approval of the request subject to Conditions of Approval, finding that the
proposed use of the property is essential or desirable to the public convenience in that it will
provide dining and entertainment options for residents and visitors downtown; the proposed
use will not impair the integrity and character of the zone in that the proposed use is a
commercial use in a commercial zone; the proposed use will not be detrimental to public
health, safety, or general welfare as the conditions regarding operating hours, seating,
entertainment, and alcohol service would 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
purposes of the Town Code and as discussed within the March 8, 2017 Planning Commission
Staff Report; and
Draft Resolution to be
modified by Town
Council deliberations
and direction.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on April 18, 2017; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A.
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 dining and entertainment options for residents and visitors
downtown; and
2. The proposed use will not impair the integrity and character of the zone, in that
the proposed use is a commercial use 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, seating, entertainment, and
alcohol service would mitigate potential impacts; and
4. The proposed use is in harmony with the General Plan and Town Code.
NOW, THEREFORE, BE IT RESOLVED:
1. The requested modification to the existing CUP to allow on-site and off-site beer and
wine service and entertainment before 10:00 p.m. is approved.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted .
3. The decision constitutes a final administrative decision pursuant to California 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 California 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 18th day of April, 2017, 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
TOWN COUNCIL –April 18, 2017
CONDITIONS OF APPROVAL
91 & 101 W. Main St.
Conditional Use Permit U-16-008
Requesting approval of a Conditional Use Permit to allow on-site and off-site beer
and wine sales as well as entertainment on property zoned C-2: LHP.
APN 529-01-025
PROPERTY OWNER: Vermont Building, LLC
APPLICANT: Teri Hope
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 to the approved plans shall be
approved by the Community Development Director, the Development Review Committee,
the Planning Commission, or Town Council, depending on the scope of the changes.
2. USE: The approved use is a coffee shop, espresso bar, and retail shop.
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 pursuant to
Section 29.20.340 of the Zoning Ordinance.
4. NUMBER OF SEATS: The maximum number of seats shall not exceed 52 indoor seats and 6
seats on the outdoor benches in front of 91 and 101 W. Ma in Street. No additional seats
will be allowed outside of the coffee shop, espresso bar, and retail shop.
5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m.
to 11:00 10:00 p.m., seven days a week.
6. ALCOHOL SERVICE: Neither alcohol service or consumption is permitted at any time. No
beer or wine shall be served without meal service, with the exception of tastings. All
alcohol sales, service, and tastings shall cease no later than 10:00 p.m. No beer or wine
sales or service shall take place in the outdoor seating area.
7. SECURABLE BARRIER: The applicant must maintain a securable barrier between 101 and
109 W. Main Street. The barrier must be secured during all special events noted as
allowed below (see SPECIAL EVENTS condition).
8. LIVE ENTERTAINMENT: No live entertainment shall be provided except as permitted
during special events in the condition below. Entertainment before 10:00 p.m. in
conformance with the Town Policy Regulating Late Night Entertainment is allowed.
9. SPECIAL EVENTS:
Condition
#
Special Event
Event Type
10a.
Events for individuals under
21
A maximum of 12 events per year.
Amplified music and open microphone.
Adult supervision provided for each under
21event. Amplified music shall not go
past 9:30 PM, Sunday through Thursday.
Amplified music shall not go past 10 PM
Friday and Saturdays. Under 21 events
shall not go past 11PM.
10b.
Poetry/Music Weekend
Evening Events
A maximum of 10 events per year. One
event per month scheduled on a weekend
evening. Poetry and amplified music.
Music shall end at 9:30 PM.
10c.
Community Meetings
Weekly community meetings (including
the Los Gatos Art Association Board, co-op
nude figure drawing group, and wine
appreciation lecture group) held within
non-business hours. Music and food
service not permitted. Events will not go
past 10 PM.
10d.
Los Gatos Roasting Company
Annual Events
Two Los Gatos Roasting Company events
per year, by invitation only. Amplified
music permitted. Music shall end at 9:30
PM.
10. WINDOW CURTAINS: Opaque window curtains must be placed in all storefront windows
during nude figure drawing classes.
11. RECYCLED CONTAINERS: Any take-out food shall be served in containers made of recycled
materials.
12. REUSABLE CONTAINERS: Pursuant to Town Code all on -site meals shall be served with re-
usable dishware and utensils.
13. 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.
14. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building perm it detailing how the
conditions of approval will be addressed.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
15. 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.
5.
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