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Desk Item PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department 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 DESK ITEM DATE: APRIL 17, 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. REMARKS: Attachment 9 contains additional public comments received after distribution of the staff report. The following questions were received from a Councilmember after distribution of the staff report; staff responses follow in italic font: • What was the signage wording used by C. B. Hannegan's requesting that their patrons be quiet as they exited into the neighborhood? The Conditional Use Permit for C. B. Hannegan’s did not contain a sign requirement to advise patrons to be quiet as they left the establishment. Upon an exterior visit to the building, staff did not see such a sign. PAGE 2 OF 2 SUBJECT: 21 COLLEGE AVENUE/U-18-004 APRIL 17, 2018 S:\COUNCIL REPORTS\2018\04-17-18\09 Nick's Raw Bar CUP\Desk Item.docx 4/17/2018 1:18 PM • Have there been any noise complaints for Nick's or the cigar store that cannot be distinguished between the two? If so, when and how many? In 2017, the Police Department received 16 calls for service at 11 College Avenue (Nick’s). After Police responses, only one of them was found to be a disturbance which was quickly resolved when the dining party completed their meal on the patio. All of the calls were placed by the same reporting party/residence except for one – which was a complaint for only the Cigar Shop, however it was logged at Nick’s address. Several of the calls were combination complaints for both the Cigar Shop and Nick’s; however, they were all logged under Nick’s address. Previously received with April 17, 2018 Staff Report: 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 Received with this Desk Item: 9. Public comments received between 11:01 a.m., Thursday, April 12, 2018 and 11:00 a.m., Tuesday, April 17, 2018