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Staff Reportrx MEETING DATE: 04/21/15 ' ITEM NO: �O c�tos COUNCIL AGENDA REPORT 11 DATE: APRIL 15, 2015 TO: MAYOR AND TOWN COUNCIL lR FROM: �,LES WHITE, INTERIM TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -14 -025. PROJECT LOCATION: 165 LOS GATOS SARATOGA ROAD. PROPERTY OWNER: NICHOLAS AND SUEANNE GERA. APPLICANT: ALEXANDER HULT. CONSIDER A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT FOR A RESTAURANT (HULT'S) TO CONSTRUCT AND OPERATE AN OUTDOOR DINING PATIO WITH FULL LIQUOR SERVICE ON PROPERTY ZONED C -2 APN 529 -04 -083. RECOMMENDATION: Adopt a Resolution approving Conditional Use Permit U -14 -025 to construct and operate an outdoor dining patio at an existing restaurant ( Hult's) on property zoned C -2 subject to conditions. BACKGROUND: The subject site is located at the southwest comer of University Avenue and Los Gatos - Saratoga Road. The existing tenant, Hult's, has occupied the space since 2013. Previously the building had been occupied by Hobbee's and prior to that Baker's Square. In 2014, the applicant applied for a modification of the Conditional Use Permit (CUP) to modify the alcohol service from beer and wine to full liquor. At the same time the applicant proposed a reduction in operating hours and a modification to the dining classification from high- turnover sit down to a quality restaurant. The Town Council approved the applicant's requests in April 2014. The applicant is requesting to modify their existing CUP to permit dining and alcoholic beverage service on a new outdoor patio proposed along the Los Gatos - Saratoga Road frontage and to increase the permitted seating from 114 to 158. For a full analysis of the proposal, please see the report to the Planning Commission (Attachment 5). ioLIV tyevelopment PREPARED BY: LAUREL R. PREVETTI Assistant Town Manager irector of Cuni Reviewed by: N/A Assistant Town Manager Town Attorney *Finance N: \DEV \TC REPORTS\2015 \LGSR- 165.dmx Reformatted: 5/30/02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: 165 LOS GATOS - SARATOGA ROAD/U -14 -025 April 15, 2015 When reviewing a Conditional Use Permit (CUP), the deciding bodies 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 bodies should consider this application based on the explicit use as opposed to the applicant or the applicant's business plan. DISCUSSION: A. Planning Commission The applicant is proposing to locate the patio farthest away from the residential use to the south of the property and to provide an improved landscaping buffer between the new patio and the street. The proposed use complies with parking and does not have impact to traffic above that of the previous tenant. The applicant's proposal complies with Town Code and the Town's Alcoholic Beverage Policy. On April 8, 2015, the Planning Commission considered the subject application. Attachment 4 contains the verbatim minutes of the Commission's full discussion. The Planning Commission discussed the merits and concerns of the application. Some of the main points of the discussion included: how the patio would be used, how it would be accessed, the type of patio furniture, the location and height of the proposed patio wall, and the proposed landscaping between the wall and the sidewalk. The Planning Commission recommended approval of the CUP subject to draft conditions with the following modifications: 1. The patio hours be restricted to 10 p.m. daily as recommended by staff (condition 4); and 2. The wall height can be increased from four feet to five feet with the requirement that appropriate landscaping be installed to break up the length of the wall (condition 11). The applicant has provided a revised elevation of the proposed wall based on the direction of the Planning Commission (Attachment 6). A draft resolution has been prepared (Attachment 2), which contains conditions as recommended by the Planning Commission (see Exhibit A to Attachment 2). ALTERNATIVES: Alternatively, the Council may: • Adopt a resolution to approve the application subject to modified or additional conditions of approval such as reducing the wall height to four feet or permitting the outdoor patio to operate beyond 10 p.m. (see Exhibit A to Attachment 2); or PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 165 LOS GATOS - SARATOGA ROAD/U -14 -025 April 15, 2015 Continue the project to a date certain with specific direction; or Adopt a resolution to deny the application (Attachment 3) with the identification of additional facts or findings to support the denial. COORDINATION: The preparation of this report was coordinated with the Community Development Department, Parks and Public Works, the Police Department, and Economic Vitality. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. FISCAL IMPACT: None. Attachments: 1. Required Findings 2. Resolution Approving the Conditional Use Permit (with Exhibit A) 3. Resolution Denying the Conditional Use Permit 4. Excerpt of April 8, 2015 Planning Commission Verbatim Minutes 5. April 8, 2015 Planning Commission Staff Report (including Exhibits 1 through 7) 6. Revised sheet 6 (wall elevation) of the development plans Distribution: cc: Alexander Hult, 515 Blossom Hill Road, #38, Los Gatos CA 95032 Nicholas and Sueanne Gera, 19565 Glen Una Drive, Saratoga, CA 95070 LRP:MFM:cg