RESOLUTION 2015-016 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -14-018 APN: 529-65 -028 CONDITIONAL USE PERMIT APPLICATION: U -14-018 PROPERTY LOCATION: 15991 LOS GATOS BOULEVARD PROPERTY OWNER: TOM CONSUNJI, CHL VENTURES LP. APPLICANT: HANNAH WALBRIDGE, SUPER DUPER BURGERS WHEREAS, This matter came before the Town Council for public hearing March 3, 2015, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approval for a Conditional Use Permit ( CUP) for a high turnover sit down restaurant ( Super Duper Burgers) with outdoor seating and beer and wine service with meals on property zoned CH:PD. The applicant requested 65 seats, with up to 15 of the seats to be located in an adjacent outdoor patio area and maximum hours of operation of 8: 00 a.m. to 10:00 p.m., seven days a week. WHEREAS, On January 14, 2015, the Planning Commission considered a request for approval of CUP application U -14-018 on property zoned CH:PD. The Planning Commission recommended approval of the request with new and modified Conditions of Approval, finding that the proposed use of the property is essential or desirable to the public convenience in that it provides a restaurant service to the Los Gatos residents; the proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone; and the proposed use would not be detrimental to public health, safety or general welfare in that the use will be subject to provisions of the Alcoholic Beverage Policy and conditions placed on the permit will mitigate potential impacts; and 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 as discussed
within the January 14, 2015 Planning Commission Staff Report. 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 Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on March 3, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section 29. 20. 190, the request for a 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 in the Council Agenda Report for its meeting on March 3, 2015, and incorporate the findings made by the Planning Commission on January 14, 2015, regarding this application. B. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were adopted by the Town Council on June 6, 2011, for a mixed use development. No further environmental analysis is required for this application. NOW, THEREFORE, BE IT RESOLVED THAT: 1. CUP application U -14-018 for a high turnover sit down restaurant ( Super Duper Burgers) with outdoor seating and beer and wine service with meals 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 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 be sought 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, held on the 3` d day of March, 2015, by the following vote: COUNCIL MEMBERS: AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: Steve Leonardis 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
Town Council March 3, 2015 CONDITIONS OF APPROVAL 15991 Los Gatos Boulevard Conditional Use Permit U -14-018 Requesting approval of a Conditional Use Permit for a high turnover sit down restaurant Super Duper Burgers) with outdoor seating and beer and wine service with meals on property zoned CH: PD. APN 529-65 -028 PROPERTY OWNER: Tom Consunji, CHL Ventures, LP APPLICANT: Hannah Walbridge, Super Duper Burgers TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received on December 9, 2014. 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 changes. 2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years from the date of approval unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. 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. 4. USE: This approval is for a high- turnover, sit -down restaurant, and is restricted to the areas shown on the approved plans. Any change in the type of business requires modification of the Conditional Use Permit. 5. HOURS OF OPERATION: Hours of operation are limited to 8: 00 a.m. to 10: 00 p.m., daily. 6. SEATS: The maximum number of seats is 65 ( 50 indoors and 15 outdoors). 7. ALCOHOL SERVICE: The service of beer and wine 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. There shall be no separate bar for the restaurant. 8. LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and policies, as amended. 9. OUTDOOR UMBRELLAS: Outdoor umbrellas shall not have any writing, logos or emblems. 10. OUTDOOR PATIO: Any changes to the outdoor patio shall be approved by the Director of Community Development. 11. PORTER: A porter shall be available at all times to maintain the patio area. 12. STORAGE: Storage of outdoor furniture shall be located out of site from the street. 13. RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever such a product is available. EXHIBIT A
14. DELIVERIES: Deliveries shall occur between 9: 00 a. m. and 4: 00 p.m. Deliveries shall not be made from Blossom Hill Road or Los Gatos Boulevard. 15. OUTDOOR SOUNDS: There shall be no outdoor music or outdoor mechanically created noise or sound generated from the tenant space. 16. EXTERIOR MAINTENANCE: All exterior maintenance /work by the tenant' s staff, such as cleaning, shall not occur between 10: 00 p.m. to 8: 00 a.m. to limit the noise impacts. 17. 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 commencing business or prior to issuance of building permits. 18. WINDOWS ALONG LOS GATOS BOULVARD ELEVATION: The windows along the Los Gatos Boulevard building elevation shall remain unobstructed, unblocked and untinted. The Director of Community Development shall approve any artwork or design element proposed to be located on the hallway wall and visible from Los Gatos Boulevard and approved prior to issuance of building permits. The artwork shall not include any signage or images that are literal to the sales of any product sold on -site or off -site. The hallway is to be free and clear of all storage including boxes, products, furniture, highchairs or other items. Healthy, well cared for potted plants may be located in the hallway area. 19. 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. 20. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the Sandy Lane Trash Management Plan prepared by American Trash Management on December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and waste volumes change within the commercial center. 21. 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. 22. 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. 23. 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. 24. 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 entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. Building Division 25. PERMITS REQUIRED: A Building Permit shall be required for the alterations to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 26. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 27. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 28. TITLE 24 ACCESSIBILITY COMMERICAL: For any proposed tenant improvements, on -site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. The building shall be upgraded to comply the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design Architect and then confirmed by Town staff. 29. TITLE 24 RESTAURANT USE: Proper size grease trap may be required for any restaurant use. The following agencies will review the grease trap requirements as well as other food service requirements and approvals before issuance of the building permit: a. West Valley Sanitation District (WVSD): ( 408) 378-2407 b. San Jose /Santa Clara Environmental Services Department: ( 408) 945-5300 c. Santa Clara County Environmental Health Department: ( 408) 918-3400 d. Town Public Works Department: ( 408) 399-7570 30. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development Planning Division: Erin Walters (408) 354-6867 b. Santa Clara County Fire Department: ( 408) 378-4010 c. County Environmental Health Department: ( 408) 918-3400 TO THE SATISFACTION OF THE CHIEF OF POLICE: 31. UNIFORMED SECURITY: 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. 32. 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. 33. 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. 34. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 35. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. NADMCONDMONS\2015U, GB 15991- Exhibit A -65 seats. docx