Attachment 5 with Exhibit 1-6M ` TOWN OF LOS GATOS ITEM NO: 5
PLANNING COMMISSION STAFF REPORT
p sAjp9 Meeting Date: April 8, 2015
PREPARED BY: Marni F. Moseley, Associate Planner
mmoseley@los atg osca.gov
APPLICATION NO: Conditional Use Permit U -14 -025
LOCATION: 165 Los Gatos - Saratoga Road (Located at the southwest corner of
University Avenue and Los Gatos - Saratoga Road)
APPLICANT: Alexander Hult
PROPERTY OWNER: Nicholas and Sueanne Gera
CONTACT PERSON: Alexander Hult
APPLICATION
SUMMARY: Requesting approval 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.
DEEMED COMPLETE: March 17, 2015
FINAL DATE TO TAKE ACTION: September 17, 2015
RECOMMENDATION: Forward recommendation of approval to the Town Council
PROJECT DATA: General Plan Designation: Central Business District
Zoning Designation: C -2, Central Business District
Applicable Plans & Standards: Alcoholic Beverage Policy
Commercial Design Guidelines
Parcel Size: 15,570 Sq. Ft.
Surrounding Area:
I Existing Land
General Plan
Zoning
Use
- - -- - - --
North Commercial
-- .... - - ---- - —
Neighborhood Commercial
C -1
East . Commercial
Central Business District
C -2
South Residential
Medium Density Residential
R- I:D:LHP
West Town Parking
Lot ; Central Business District
. C -2
CEQA: The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California Environmental
Quality Act, Section 15301: Existing Facilities. ATTAC1113IENT 5
Planning Commission Staff Report - Page 2
165 Los Gatos - Saratoga Road/ U -14 -025
April 8, 2015
FINDINGS: ■ As required by Section 15061 of the State Environmental Guidelines
as adopted by the Town that this project is Categorically Exempt.
■ As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
■ That the project is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project area.
■ As required by the Town Alcohol Policy.
ACTION: Recommendation to the Town Council
EXHIBITS: 1. Location Map
2. Required Findings (two pages)
3. Proposed Conditions of Approval (two pages)
4. Existing Conditions of Approval (two pages)
5. Town Alcoholic Beverage Policy
6. Letter of Justification (five pages), received March 17, 2015
7. Development plans (six pages) received March 13, 2015
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) in order to modify the permitted 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.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting to modify their existing CUP to permit dining with full liquor
service on a new outdoor patio proposed along the Los Gatos - Saratoga Road frontage and
to increase the permitted seating from 114 to 158.
When reviewing a Conditional Use Permit (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 to the applicant or the applicant's
business plan.
Planning Commission Staff Report - Page 3
165 Los Gatos - Saratoga Road/ U -14 -025
April 8, 2015
B. Location and Surrounding Neighborhood
The subject site is located at the southwest corner of University Avenue and Los Gatos -
Saratoga Road. The property abuts commercial properties to the north and east, a single -
family residence to the south and a Town parking lot to the west.
C. Zoning Compliance
The zoning for the property is C -2 (Central Business District). The C -2 zone permits
outdoor restaurant seating subject to the approval of a CUP.
ANALYSIS:
A. Alcoholic Beverage Policy
The Town Code requires any new or changes to existing service of alcoholic beverages to
be considered with a CUP. The deciding body is the Town Council with a recommendation
by the Planning Commission. The proposed patio, just like the entire restaurant, would be
required to provide full meal service with all alcohol sales. The request is consistent with
the Town Code and the existing Alcoholic Beverage Policy (Exhibit 5).
The deciding body must review the application and determine if the proposal continues to
provide a benefit to the community to continue to operate past 10 p.m. as required by the
Alcoholic Beverage Policy.
The applicant would like to utilize the same hours as the existing restaurant: 9:00 a.m. to
11:00 p.m. Sunday through Thursday and 9:00 a.m. to 12:00 a.m. Friday and Saturday for
the patio. While it is at the discretion of the Commission to include this in their
recommendation to the Town Council, the Commission and the Town Council have
historically restricted the use of outdoor patios, particularly when adjacent to residential
uses, to no later than 10:00 p.m. daily. As a result staff suggests the following condition be
included:
PATIO HOURS: The outdoor patio is to close at 10:00 p.m. daily.
The Police Department has reviewed the application, and has no comments or concerns.
B. Wall Location and Materials
The applicant is proposing to install a new four -foot masonry wall at the edge of the
proposed patio to provide the required delineation (required by Alcohol Beverage Control)
as well as provide screening and protection from the busy street. The wall will reduce in
height to three feet as it nears the corner to provide a clear line of sight. The wall would be
setback a minimum of seven feet from the sidewalk along Los Gatos - Saratoga Road and be
Planning Commission Staff Report - Page 4
165 Los Gatos - Saratoga Road/ U -14 -025
April 8, 2015
faced with the same stacked stone used on the restaurant. New drought tolerant landscaping
will be used between the new wall and the sidewalk.
C. Traffic
In 2014 the applicant converted the previously categorized high turn-over sit down
restaurant (Hobbee's) to a quality restaurant. As a result, the proposed application's
increase in seating does not increase traffic beyond the previous high turn -over sit down use.
D. Parkins
The existing and the proposed use require one parking space for every four seats. The
property has 46 spaces in the parking district and 13 spaces onsite for a total of 59 parking
spaces. The proposed use requires 40 parking spaces.
E. General Plan
The goals and policies of the 2020 General Plan applicable to this project includes but is
not limited to:
• Policy LU -9.2 — Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the shopping needs of residents and to preserve the small -
town atmosphere.
• Goal LU -10 - To preserve Downtown Los Gatos as the historic center of the Town with
goods and services for local residents while maintaining the existing Town identity,
environment and commercial vitality.
• Policy CD -3.8 — Solid fencing over 3 feet high shall be designed such that it does not
isolate the structure from the street, or shall be set back and landscaped.
• Policy CD -10.2 — Encourage outdoor seating for restaurants /coffee shops when the
historic character and quality of the Downtown and adjacent neighborhoods can be
maintained.
F. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
G. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be permitted in the Central Los Gatos Redevelopment Project Area.
The subject property is designated commercial and, per the Redevelopment Plan, shall be
Planning Commission Staff Report - Page 5
165 Los Gatos - Saratoga Road/ U -14 -025
April 8, 2015
used for the general commercial uses set forth and described in the Town's General Plan.
The proposed use falls under general commercial uses.
H. CUP Findings
In order to grant approval of a Conditional Use Permit, the hearing body must make the
following findings:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(3) The proposed use would not be detrimental to public health, safety or general welfare;
and
(4) 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.
The proposed use is desirable to the public convenience and welfare in that it will provide
an outdoor dining option for residents and visitors. The proposed use will not impair the
integrity and character of the zone in that the proposed use maintains an existing restaurant
use. The proposed use will not impact public health, safety or general welfare as the
conditions regarding operating hours, seating, and delivery restrictions would mitigate
potential impacts. The use complies with the objectives of the General Plan and Town
Code as discussed within this report.
Public Comments
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The applicant is proposing to locate the patio farthest away from the residential use to the
rear 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 the Town's
Alcoholic Beverage Policy.
B. Recommendation
Based on the above information, Staff recommends the Planning Commission forward a
recommendation of approval to the Town Council. If the Planning Commission finds merit
with the proposal, it should:
Planning Commission Staff Report - Page 6
165 Los Gatos - Saratoga Road/ U -14 -025
April 8, 2015
1. Find that the proposed project is categorically exempt, pursuant to Section 15061 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Make the required finding as required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets the use set forth in the
Town's General Plan (Exhibit 2); and
4. Make the required findings as required by the Town's Alcoholic Beverage Policy to
approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m.
(Exhibit 2); and
5. Recommend approval of Conditional Use Permit application U -14 -025 to the Town
Council with the conditions contained in Exhibit 3 with the inclusion of the restricted
hours for the outdoor patio.
If the Commission has concerns with the proposed use, it can:
1. Continue the matter to a date certain with specific directions; or
2. Recommend approval of the application with additional and/or modified conditions;
or
3. Recommend denial of the application to the Town Council.
�- iA60
Prepared by: Approved by:
Mami Moseley, AICP Laurel R. Prevetti
Associate Planner 6 Assistant Town Manager/ Director of
Community Development
LRP:MM:cgt
cc: Alexander Hult, 515 Blossom Hill Rd. #38, Los Gatos CA 95032
Nicholas and Sueanne Gera, 19565 Glen Una Drive, Saratoga, CA 95070
N: \DEV\PC REPORTS\2015 \LGS Rd 165.dm
165 Los Gatos - Saratoga Road
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4/8/15 PC Staff RPt
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REQUIRED FINDINGS FOR:
165 Los Gatos- Saratop-a Road
Conditional Use Permit Application U -14 -025
Requesting approval to modify an existing Conditional Use Permit for a restaurant (Hult's)
to construct and operate an outdoor dining patio on property zoned C -2. APN 529 -04 -083.
PROPERTY OWNER: Sueanne and Nicholas Gera
APPLICANT: Alexander Hult
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
(1) The proposed use is desirable to the public convenience and welfare in that it will provide
an upscale outdoor dining option for residents and visitors; and
(2) The proposed use will not impair the integrity of the zone, in that the proposed use is
appropriate for the C -2 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 delivery restrictions on the permit
will mitigate potential impacts; and
(4) The proposed use is in harmony with the General Plan and Town Code.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
Required findings for the Town's Alcoholic Beverage Policy:
As required by Chapter II, Section 6, of the Town Alcohol Beverage Policy for granting
alcohol service beyond the hours of 10 p.m.
The deciding body shall make the following findings prior to approving an application for a
Conditional Use Permit to serve alcoholic beverages past 10 p.m.:
A. Late night service will not adversely impact adjacent residential neighborhoods.
4/8/15 PC Staff Rpt
Page 2 of 2
165 Los Gatos - Saratoga Road/U -13 -025
April 8, 2015
B. The applicant does not have a history of complaints and non - compliance with local
ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
N: \DBV \FINDINGS\2015 \165 LGS Rd.docx
PROPOSED CONDITIONS OF APPROVAL —April 8, 2015
165 Los Gatos - Saratoga Road
Conditional Use Permit Application U -14 -025
Requesting approval to modify an existing Conditional Use Permit for a restaurant
(Hult's) to construct and operate an outdoor dining patio on property zoned C -2.
APN 529 -04 -083.
PROPERTY OWNER: Sueanne and Nicholas Gera
APPLICANT: Alexander Hult
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. 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.
2. RESTAURANT USE: A high quality restaurant.
3. HOURS: Maximum hours of operation shall be 9:00 a.m. to 11:00 p.m. Sunday
through Thursday; and 9:00 a.m. to 12:00 a.m., Friday and Saturday.
4. SEATS: The maximum number of seats shall not exceed 158 inclusive of indoor
and outdoor seating. A maximum of 53 seats are permitted in the outdoor patio.
5. ALCOHOL SERVICE: Full liquor service is permitted with meal service only.
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. DELIVERIES: Deliveries shall be limited to the hours of 7:00 a.m. to 12:00 p.m.
7. LIVE ENTERTAINMENT: Live entertainment is not permitted without a valid
entertainment permit.
8. TRASH: All areas directly surrounding the restaurant shall be kept clear of trash.
All trash shall be kept in the dumpsters located in the southwest comer of the
parking lot.
9. OUTDOOR FURNITURE: Outdoor furniture, including tables, chairs, and heat
lamps, shall be placed indoors at or before the close of business.
10. LIGHTING: No string lighting is permitted in the outdoor patio.
11. RECYLCED CONAINERS: Any take -out food shall be served in containers
made of recycled materials,
12. REUSABLE CONAINERS: All meals served on -site shall be on re- usable
utensils.
13. 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 pursuant to Section 29.20.340 of the Zoning Ordinance.
14. 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
EMiiBIT a
4/8/15 PC Staff Rpt
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:
15. 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.
NADEV \C0ND1T10NS\2015 \LGS 165.dm
TOWN COUNCIL —April 7, 2014
CONDITIONS OF APPROVAL FOR:
165 Los Gatos- Saratoea Road
Conditional Use Permit Application U -13 -025
Requesting approval to modify an existing Conditional Use Permit for a restaurant
(Hult's) with beer and wine service to full liquor service on property zoned C -2.
APN 529 -04 -083.
PROPERTY OWNER: Sueanne and Nicholas Gera
APPLICANT: Alexander Hult
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. 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.
2. RESTAURANT USE: A high quality restaurant.
3. HOURS: Maximum hours of operation shall be 9:00 a.m. to 11:00 p.m. Sunday
through Thursday; and 9:00 a.m. to 12:00 a.m., Friday and Saturday.
4. SEATS: The maximum number of seats shall not exceed 114.
5. ALCOHOL SERVICE: Full liquor service is permitted with meal service only.
A meal is defined as a combination of food items selected from a menu
(breakfast, brunch, lunch, or dinner). Appetizers such as popcom, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals.
6. DELIVERIES: Deliveries shall be limited to 7:00 a.m. 12:00 p.m.
7. LIVE ENTERTAINMENT: Live entertainment is not permitted without a valid
entertainment permit.
8. TRASH: All areas directly surrounding the restaurant shall be kept clear of trash.
All trash shall be kept in the dumpsters located in the southwest corner of the
parking lot.
9. RECYLCED CONAINERS: Any take -out food shall be served in containers
made of recycled materials,
10. REUSABLE CONAINERS: All meals served on -site shall be on re- usable
utensils.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11. 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.
FK4-ft t 1!
4/8/15 PC Staff Rpt
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.
N:\DEV \CONDITNS\2014 \165 LGS Rd.doc
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN. OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can j eopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
4/8/15 PC Staff Rpt
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1711 day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None � /
6---^
SIGNED:
YOR HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
k 2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I. Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended
to balance the protection of residential neighborhoods in close proximity to commercial
districts and still maintain the viability of our commercial centers in which restaurants have
an essential role. Hours of operation may be regulated based on an establishment's
proximity to residential neighborhoods or schools, the concentration of establishments in an
area serving alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding bodymay approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements:
H. General policy
1. The Town shall continue to strongly discourage new applications for stand alone
bars or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modification of a conditional use permit shall not be allowed:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After I AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5. Any establishment serving alcoholic beverages shall be 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 Californian
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.
6. The deciding body shall make the following findings prior to approving an
application for conditional use permit to serve alcoholic beverages past l OPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
B. The applicant does not have a history of complaints and non - compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. Specific Policy
Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning
Commission. The Commission will make a recommendation to the Town Council
and the Council shall have final review authority.
Changes in ownership for businesses involving service of alcoholic beverages shall
be reviewed by the Community Development Department. The following process
will be followed:
a. The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
C. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.3 10 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.20.318(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.318(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment that are a direct
result of patrons actions;
11. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town
retains the right of review and approval (or denial) of each project based on its merits.
NADB� NNMGoumWolick MO)nk hol paliq.wpd
AADVANCE DESIGN
ONSULTANTS, INC.
Date: 17 March 2015
RECEIVED
To: Planning Department
MAR 17 2015
Los Gatos Planning & Zoning
110 E. Main St., Los Gatos, CA 95030
TOWN OF LOS GATOS
PLANNING DIVISION
From: Lorenzo Rios Jr., P.E.
Project Manager
Advance Design Consultants, Inc.
998 Park Ave., San Jose, CA 95126
Proposal #:
Subject: Hults Restaurant Patio Construction — Justification Letter
Address: 165 Los Gatos - Saratoga Road, Los Gatos CA 95030
Attn: To whom it may concern
We are pleased to present you with this letter of justification for the planning of a new patio at
Hults Restaurant. Since Hults Restaurant is one of the first businesses one sees when entering
the Town of Los Gatos; having a vibrant and fun outdoor patio will set the tone for what one
can except from the friendly, beautiful downtown setting. This patio, along with the large
windows that surround Hults Restaurant, will encourage people to check out the all the
wonderful offerings the restaurant has as well as remind one of the charm that the Town of Los
Gatos possesses. The patio will be located on the Saratoga /Highway 9 and University Avenue
intersection furthest away from the abutting residences and will also be one of the last things
one sees before leaving the Town of Los Gatos; leaving one with the impression that Los Gatos
is a place to come back too.
A. Project Scope of Work
The project scope of work will entail the planning for the construction of a new patio at Hults
Restaurant. The construction of the Patio will take place after the Town Council's approval of
the project. The scope of work will be as follows:
The new patio at Hults will use permeable concrete along with Native and Drought Tolerant
California Vegetation. No additional lot coverage is proposed for the construction of the new
patio.
Hults Restaurant has two required exits and three exits in total. The entrance to the new patio
shall have a host /hostess stationed at it during all hours of patio operation.
EXMBIT 8
4/8/15 PC Staff Rpt
998 Park Avenue, San Jose CA 95126 Advance Design Consultants, Inc.
P:408.291.1881 F: 408.294.3186 Experience. Passion. Excellence.
Page 2 of 5
Parkins Data:
Parkins- calculations
Per LG municipal code sec. 29.10.150(b)(4):
One (1) parking space for each four (4) seats
Existing seats: 105 (114 permitted by CUP)
Proposed seats: 53
Total seats = 158 / 4 = 40
Parkins- orovided
Existing standard spaces 13 spaces
Parking Assessment District spaces 46 spaces
Existing handicap accessible -van 01 space
Total 59 spaces
A ADVANCE DESIGN
CONSULTANTS, INC.
The construction of the new patio shall conform to all the latest codes and regulations as well
as take advantage of all the latest Green Building construction techniques.
Please let us know if you have any questions. Thank you for your consideration.
Best Regards,
Laat t a a RZ04 A.
Lorenzo Rios Jr., P. E.
Project Manager
(Sent by email)
Attachments: 1
998 Park Avenue, San Jose CA 95126 Advance Design Consultants, Inc.
P: 408.297.1881 F: 408.294.3186 Experience. Passion. Excellence.
Page 3 of 5
AADVANCE DESIGN
ONSULTANTS, INC.
998 Park Avenue, San Jose CA 95126 Advance Design Consultants, Inc.
P: 408.297.1881 F: 408.294.3186 Experience. Passion. Excellence.
Page 4 of 5
AADVANCE DESIGN
ONSULTANTS, INC.
998 Park Avenue, San Jose CA 95126 Advance Design Consultants, Inc.
P: 408.297.1881 F: 408.294.3186 Experience. Passion. Excellence.
Page 5 of 5
PROPOSED MASONARY WALL FACADE:
A ADVANCE DESIGN
CONSULTANTS, INC.
998 Park Avenue, San Jose CA 95126
P: 408.297.1881 F: 408.294.3186
Advance Design Consultants, Inc.
Experience. Passion. Excellence.
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