2011051603 - 49 and 51 N. Santa Cruz Avenue - Gardino's Restaurant. N P
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COUNCIL AGENDA REPORT
DATE: MAY 3, 2011
MEETING DATE: 05/16/2011
ITEM NO:
CONSENT
TO: MAYOR AND TOWN COUNCIL
FROM: JUDITH J. PROPP, TOWN ATTORNEY
SUBJECT: ADOPT RESOLUTION APPROVING A REQUEST TO ALLOW FULL
ALCOHOLIC BEVERAGE SERVICE AND TO MODIFY HOURS OF
OPERATION FOR AN EXISTING RESTAURANT (GARDINO'S), AND
DENYING A REQUEST TO EXPAND AN EXISTING RESTAURANT
(GARDINO'S) TO ADD SEATING ON PROPERTY ZONED C -2. APN: 510-
44 -030; CONDITIONAL USE PERMIT APPLICATION: U -10 -023;
PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE; PROPERTY
OWNER: JENNIFER WHITE; APPLICANT: PETE JILLO.
RECOMMENDATION
Adopt resolution approving a request to allow full alcoholic beverage service and to modify
hours of operation for an existing restaurant (Gardino's), and denying a request to expand an
existing restaurant (Gardino's) to add seating on property zoned C -2.
DISCUSSION
On May 2, 2011, Council considered and voted to approve a modification to the existing
conditional use permit to allow an existing restaurant (Gardino's) to provide full alcoholic
beverage service and modify hours of operation on property zoned C -2. The attached resolution
finalizes that decision.
Attachments:
1. Proposed Resolution (with Exhibit A).
PREPARED BY : Judith J. Propp, Town Attorney
Reviewed by:. wn Manager
Assistant Town Manager
. Clerk
Finance
Community Development
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RESOLUTION 2011-
ADOPT RESOLUTION APPROVING A REQUEST TO ALLOW FULL ALCOHOLIC
BEVERAGE SERVICE AND TO MODIFY HOURS OF OPERATION FOR AN EXISTING
RESTAURANT (GARDINO'S), AND DENYING A REQUEST TO EXPAND AN EXISTING
RESTAURANT (GARDINO'S) TO ADD SEATING ON PROPERTY ZONED C -2.
APN: 510 -44 -030
CONDITIONAL USE PERMIT APPLICATION: U -10 -023
PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE
PROPERTY OWNER: JENNIFER WHITE
APPLICANT: PETE JILLO
WHEREAS:
A. This matter came before the Town Council for public hearing on May 2, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an
existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of
operation on property zoned C -2. Currently, the CUP for 51 N. Santa Cruz Avenue allows 16
seats, beer and wine service, and operation from 9:00 a.m. to 11:00 p.m. seven days a week.
However, the applicant is requesting to expand into 49 N. Santa Cruz Avenue, add 29 seats,
provide full alcoholic beverage service, and operate from 10:00 a.m. to 12:00 a.m. Sunday to
Thursday, and from 10:00 a.m. to 1:00 a.m. Fridays, Saturdays, and holidays.
C. On April 13, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full
alcoholic beverage service, and modify hours of operation on property zoned C -2. The
Commission recommended approval of the request finding the proposal was desirable to the
public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or
welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and
Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing
businesses.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for
alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the
specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. 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 material contained in the Council Agenda Report dated April 20,
2011, along with any and all subsequent reports and materials prepared concerning this
application.
G. Motion to approve the request to expand an existing restaurant (Gardino's) at 51 N.
Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage
service, and modify the hours of operation as proposed failed.
H. Motion to approve the request to provide full alcoholic beverage service with meal
service and modify hours of operation to maximum allowable by the Alcoholic Beverage Policy
for an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue approved. Council finds as
follows:
1. Pursuant to the Town's Alcoholic Beverage Policy, the request for a CUP
modification at 51 N. Santa Cruz Avenue to provide full alcoholic beverage service and operate
from 10:00 a.m, to 11:00 p.m. Sunday to Thursday, and from 10:00 a.m. to 1:00 a.m. Fridays,
Saturdays, holidays, and evenings before holidays, the establishment does not have a history of
complaints and the request would not adversely impact adjacent residential neighbors. This
finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011, and
incorporates the findings made by the Planning Commission on April 13, 2011, regarding this
application.
2. The Alcoholic Beverage Policy allows the Council to consider unique
circumstances which apply to the subject application.
3. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
4. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the
Planning Commission on April 13, 2011.
RESOLVED:
1. The CUP application U -10 -023 to allow an existing restaurant (Gardino's) to
provide full alcoholic beverage service and modify hours of operation at 51 N. Santa Cruz Avenue
is granted.
2. The Conditions of Approval for modified hours and alcoholic beverage service at 51
N. Santa Cruz Avenue are attached hereto as Exhibit A and are hereby adopted as the Conditions
of Approval for modification of this permit.
3. 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 besought 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 16"' day of May 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL —May 2, 2011
51 N. Santa Cruz Avenue
Conditional Use Permit U -10 -023
Requesting approval to provide full alcoholic beverage service and modify hours of
operation for an existing restaurant (Gardino's) on property zoned C -2. APN 510 -44 -030.
PROPERTY OWNER: Jennifer White
APPLICANT: Pete Jillo
TO THE SATISFACTION OF THE 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 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
change(s).
2. EXPIRATION: Zoning 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. APPROVED USE: The approved use is for a high turnover (sit -down) restaurant.
4. SEATS: The maximum number of seats shall not exceed 16.
5. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages is permitted
only with meals. 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.
6. HOURS OF OPERATION: Maximum hours . of operation are 10:00 a.m. to 11:00 p.m.,
Sunday to Thursday; and 10:00 a.m. to 1:00 a.m.; Friday, Saturday, holidays, and evenings
before holidays.
7. ENTERTAINMENT: Live entertainment is not allowed.
8. UTENSILS: All meals served on -site shall be on re- usable utensils.
9, TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
10. 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.
11. 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.
12. 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.
13. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
14. 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.
15. 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 Department of Environmental Health prior to commencement of use and/or
issuance of building permits.
16. TOWN INDEMNITY: Applicants are notified th Town rode 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
E:ffiIBIT A
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 secured to the satisfaction of the Town Attorney.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
17. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
18. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant
load and required exits to the Fire Department for review and approval prior to
commencement of use and/or issuance of building permits.
19. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300
fixed extinguishing system in the kitchen to ensure compliance with applicable regulations
prior to commencement of use.and/or issuance of building permits.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
20. UNIFORMED SECURITY: 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.
21. CONSULTATION AND TRAINING: 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.
22. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
23. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated >
drivers.
24. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
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