Use Permit ( CUP) for a restaurant ( Hult' s) to construct and operate an outdoor dining patio with

Transcription

1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING A REQUEST TO APPROVE CONDITIONAL USE PERMIT APPLICATION U APN: CONDITIONAL USE PERMIT APPLICATION: U PROPERTY LOCATION: 165 LOS GATOS SARATOGA ROAD PROPERTY OWNER: NICHOLAS AND SUEANNE GERA APPLICANT: ALEXANDER HULT WHEREAS, the applicant seeks approval for a modification of an existing Conditional Use Permit ( CUP) for a restaurant ( Hult' s) to construct and operate an outdoor dining patio with full liquor service. WHEREAS, on April 8, 2015, the Planning Commission considered the request to modify the existing CUP. The Planning Commission recommended approval of the CUP subject to the modified conditions. WHEREAS, the Town Code requires any application for new or modification to the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. WHEREAS, this matter came before the Town Council for public hearing on April 21, 2015, and was regularly noticed in conformance with State and Town law. WHEREAS, 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

2 Commission proceedings and the packet of material contained in the Council Agenda Report, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section , the request for modification of this CUP is desirable to the public convenience; will not impair the integrity and character of the zone; would not be detrimental to public health, safety or general welfare; and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. These findings are based on the evidence presented at the April 21, 2015 Council meeting, including all written materials and testimony regarding this application. B. The project is categorically exempt from environmental review pursuant to Section of the State Environmental Guidelines as adopted by the Town. NOW, THEREFORE, BE IT RESOLVED THAT: 1. CUP application U to modify an existing CUP for a restaurant ( Hult' s) to construct and operate an outdoor dining patio with full liquor service on property zoned C -2 is Approved. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section as adopted by section of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section , or such shorter time as required state and by federal Law.

3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21 st day of April, 2015, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, and Mayor Marcia Jensen NAYS: None ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADEV\ RES0S\2015 \Appr0Ve_ 165 LGSR.docx

4 CONDITIONS OF APPROVAL April 21, Los Gatos- Saratoea Road Conditional Use Permit Application U 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 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 of the Town Code, unless the approval has been vested. 2. RESTAURANT USE: A high quality restaurant. 3. HOURS: Maximum hours of operation for both the restaurant and the patio 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 corner of the parking lot. 9. OUTDOOR FURNITURE: Outdoor furniture, including tables, chairs, and heat lamps, shall be secured and properly covered before the close of business each day. 10. PATIO WALL: A masonry wall up to five feet in height shall be installed along the perimeter of the patio. Landscape screening, approved by the Community Development Director, shall be installed between the wall and the sidewalk to soften the wall from the street. 11. LIGHTING: No string lighting is permitted in the outdoor patio. 12. RECYCLED CONTAINERS: Any take -out food shall be served in containers made of recycled materials. 13. REUSABLE CONTAINERS: Pursuant to Town Code all on -site meals shall be served with re- usable dishware and utensils.

5 14. 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 of the Zoning Ordinance. 15. TOWN INDEMNITY: Applicants are notified that Town Code Section 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 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: 16. 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. NADEWONDITIONS\2015U. GS 165.doc