Staff Report
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community
Development Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/17/2018
ITEM NO: 09
DATE: APRIL 11, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-004. PROJECT LOCATION:
21 COLLEGE AVENUE. PROPERTY OWNER: SHARI FLICK.
APPLICANT: NICHOLAS DIFU.
REQUESTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR A
RESTAURANT WITH ALCOHOL SERVICE (NICK’S RAW BAR) ON PROPERTY
ZONED C-2:LHP. APN 529-29-052.
DEEMED COMPLETE: FEBRUARY 26, 2018
FINAL DATE TO TAKE ACTION: AUGUST 26, 2018
RECOMMENDATION:
Adopt a resolution (Attachment 5) approving a request for a Conditional Use Permit for a
restaurant with alcohol service (Nick’s Raw Bar).
BACKGROUND:
The applicant is requesting a CUP for a restaurant with alcohol service at 21 College Avenue.
When reviewing a CUP, the deciding body should consider the information in the applicant’s
business plan; however, the key consideration should be the explicit proposed use since the
business plan can change from owner to owner. The explicit use may be, and is often, defined
in the recommended conditions of approval as a “use” condition. The CUP runs with the land,
and the deciding body should review applications based on the explicit use as opposed t o the
applicant or the applicant’s business plan.
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SUBJECT: 21 COLLEGE AVENUE/U-18-004
DATE: APRIL 11, 2018
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On March 28, 2018, the Planning Commission held a public hearing and recommended approval
of the application with an additional condition of approval. In accordance with the Town Code,
the Council is the final deciding body for any new request for alcohol service.
DISCUSSION:
A. Project Summary
The applicant is requesting a CUP for a restaurant with alcohol service. The applicant is
proposing the service of alcohol (beer, wine, and distilled spirits) with the purchase of a
qualified meal. The applicant has provided a project description (Attachment 1, Exhibit 4)
and information detailing the proposed operations (Attachment 1, Exhibit 5). All alcohol
service would cease by 11:00 p.m. Monday through Thursday, 12:30 a.m. Friday and
Saturday, and 10:00 p.m. on Sunday.
B. Planning Commission
On March 28, 2018, the Planning Commission considered the application, received public
comment, and recommended approval of the application with an additional condition,
shown in underlined font (Attachment 5, Exhibit A, page 2). Attachment 2 contains the
verbatim minutes.
CONCLUSION:
It is recommended that the Town Council adopt a Resolution (Attachment 5) approving the
request for a CUP for a restaurant with alcohol service subject to the recommended conditions
of approval.
ALTERNATIVES:
Alternatively, the Council may:
1. Adopt a Resolution to approve the application subject to modified or additional conditions
of approval (Attachment 5, Exhibit A); or
2. Adopt a Resolution to remand the application to the Planning Commission with specific
direction (Attachment 6); or
3. Adopt a Resolution to deny the Conditional Use Permit application (Attachment 7).
COORDINATION:
The evaluation of the application was coordinated with the Building Division, Economic Vitality,
Police, and the Parks and Public Works Department.
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SUBJECT: 21 COLLEGE AVENUE/U-18-004
DATE: APRIL 11, 2018
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4/12/2018 4:28 PM
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is Categorically Exempt (Section 15301: Existing
Facilities). A Notice of Exemption will not be filed.
Attachments:
1. March 28, 2018 Planning Commission Staff Report (with Exhibits 1-11)
2. March 28, 2018 Planning Commission Addendum to the Staff Report (with Exhibit 12)
3. March 28, 2018 Planning Commission Desk Item to the Staff Report (with Exhibit 13)
4. March 28, 2018 Planning Commission Verbatim Minutes (34 pages)
5. Draft Resolution to Approve the project (includes Exhibit A – Conditions of Approval)
6. Draft Resolution to Remand the project to the Planning Commission
7. Draft Resolution to Deny the project
8. Public comments received between 11:01 a.m., Wednesday, March 28, 2018 and 11:00
a.m., Thursday, April 12, 2018
Distribution:
Nicholas Difu, 2911 Granite Creek Road, Scotts Valley, CA 95066
Shari Flick, 99 Foster Road, Los Gatos, CA 95030