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2017-029 - Approve request to modify an existing CUP for Firenza Pizza at 681 Blossom Hill Road Suite 100RESOLUTION 2017 -029 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 BEER AND WINE SERVICE ON PROPERTY ZONED CH:PD APN: 529 -65 -028 CONDITIONAL USE PERMIT APPLICATION: U -17 -001 PROPERTY LOCATION: 681 BLOSSOM HILL, SUITE 100 PROPERTY OWNER: LINDA LESTER TRUST APPLICANT: LING HULLON WHEREAS, the applicant requests approval for a modification to an existing Conditional Use Permit (CUP) to allow on -site beer and wine service on property zoned CH:PD; and WHEREAS, on April 26, 2017 the Planning Commission considered CUP application, U- 17 -001, to modify an existing CUP on property zoned CH:PD; and WHEREAS, 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 options for residents and visitors of the Town; 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, 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 April 26, 2017, Planning Commission staff report; and 1of5 Resolution 2017 -029 June 6, 2017 WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 6, 2017; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for its meeting on June 6, 2017, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council approved the application subject to the Conditions of Approval attached hereto as Exhibit A; and 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; and 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 options for residents and visitors of the Town; 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, and alcohol service would mitigate potential impacts; and 4. The proposed use is in harmony with the General Plan and Town Code. 2of5 Resolution 2017 -029 June 6, 2017 NOW, THEREFORE, BE IT RESOLVED: 1. The requested modification to the existing CUP to allow on -site beer and wine service 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 6th day of June, 2017, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Barbara Spector, Mayor Marico Sayoc NAYS: None. ABSENT: Steve Leonardis ABSTAIN: None. SIGNED: MAYOR OF THE!TO_W 0 OSGATOS LOS GATOS, CALIFORNIA DATE: 4 7-- d -7 ATTEST: CLERK ADMINISTRAi,9)R OF THE TOWN OF LOS GATOS LOS GATOS. CALIFORNIA DATE:. 3 of 5 Resolution 2017 -029 June 6, 2017 TOWN COUNCIL June 6, 2017 CONDITIONS OF APPROVAL 681 Blossom Hill Road, Suite 100 Conditional Use Permit Application U -17 -001 Requesting approval of a modification of an existing Conditional Use Permit (Firenza Pizza) to allow on -site beer and wine service on property zoned CH:PD. APN 529 -65- 028. PROPERTY OWNER: Linda Lester Trust APPLICANT: Ling Hullon TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received on January 13, 2015. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years from the date of approval (March 11, 2017) unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 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. 4. USE: This approval is for a high- turnover, sit -down restaurant, and is restricted to the areas shown on the approved plans. Any change in the type of business requires modification of the Conditional Use Permit. 5. HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 10:00 p.m., daily. 6. SEATS: The maximum number of indoor seats is 30. No outdoor seating is permitted. 7. ALCOHOL SERVICE: No beer or wine shall be served without meal service. All alcohol service shall cease no later than 10:00 p.m. 8. LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and policies, as amended. 9. RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever such a product is available. 10. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not be made from Blossom Hill Road or Los Gatos Boulevard. 11. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara EXHIBIT A 4of5 Resolution 2017 -029 June 6, 2017 Department of Environmental Health prior to commencing business or prior to issuance of building permits. 12. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 13. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the Sandy Lane Trash Management Plan prepared by American Trash Management on December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and waste volumes change within the commercial center. 14. EXTERIOR MAINTENACE: Exterior maintenance by employees shall not occur between the hours of 10:00 p.m. and 8:00 a.m. 15. WINDOWS ALONG BLOSSOM HILL ROAD ELEVATION: The windows along the Blossom Hill Road building elevation shall remain unobstructed, unblocked and un- tinted. Windows are to be free and clear of all stacked materials. 16. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 17. CONSTRUCTION MANAGEMENT PLAN: A construction management plan is required. 18. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 19. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 20. 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. TO THE SATISFACTION OF THE CHIEF OF POLICE: 21. 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. 5of5 Resolution 2017 -029 June 6, 2017