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15 - 303-305 N. Santa Cruz Avenuetowl~~ F :~IEETI\G DATE: OS/02/10 ,:-,~ ;;- ITEM \O: i``'~"~ ` s COtiNCIL AGE\DA REPORT ~g C A~0 DATE: JULY 21. ?010 TO: i~~1AYOR AND TO«~T COUNCIL FROM: GREG CARSON, TO~~`1T MANAGER~~C~ SUBJECT: CONDITIO\TAL USE PERiti~IT U-10-009. PROJECT LOCATIO\: 303-305 \. SA\TA CRtiZ AVE\IIE. PROPERTY O~~V:~ER: BERT It~1ILLEN. APPLICANT: BRENDA HA~IMOND. CONSIDER A REQUEST FOR APPROVAL TO EXPANrD AN EXISTING RESTAURANT (JAtiIES RANDALL RESTAURANT) TO INTCREASE THE NUMBER OF SEATS. TO iVIODIFY THE HOURS OF OPERATIO\T. A~ ~D TO ALLO~~% FULL ALCOHOLIC BEVERAGE SERVICE ON PROPERTY ZONED C-2. AP\T ~ 10-14-048. RECD\~IMENDATIOtiT: After opening and closing the public hearing, it is reconunended the To\vn Council: Adopt the findings supporting the Conditional Use Permit modification (Attachment 1); and Approve the application subject to the recommended conditions of approval as modified by the Planning Commission (Attachment 2). ALTERNATIVES: Instead of the actions above, the Council may: • Approve the application subject to modified or additional condltlons of approtiral (motion required): • Continue the project to a date certain ~yith specific direction (motion required); or • Remand the project to the Planning Commission «•ith specific direction (motion required); or • Move to deny the Conditional Use Permit modification (motion required). ~^' J PREPARED BZ': ~ ~~'endie R. Rooney, Director of Conununity Development Reyie~yed by: E~_Assistant Town ?~~anager WTown Attorney Clerk Administrator Finance `' Colnlnunity Development ~: DE\' C\CLRPTS X010 \SCiO~-30S.doc Reformatted: ~ 3U 0~ PAGE y!IA~"OR A\D TO~~'\ COLICIL SUBJECT: 303-30~ \. Santa Cruz A~'enue li-10-009 Jtrlt•?1, -'010 BACI~GROt~D: A Conditional Use Permit (CL;P) for the James Randall Restaurant. located at 30 ~ \, Santa C111z A~~enue. was approved by To~~~n Council on Apri] 17, ?006. The CUP allows a quality restaurant ~ti~ith beer and «•ine sel~~ice. and outdoor seating. A retail business (Tassels) previously occupied the adjacent commercial space at 30~ \. Santa Cruz A~~enue. Three To«'n Policies -retail conversion, the Alcoholic Beverage Policy (ABP ). and standards for outdoor restaurant seating -provide gniidance in the analysis of this application. The subject application is anal}-zed against these policies in Attachment 4. DISCUSSION: A. Project Sunllnarv The request includes the folio«~ing: • Increase the nla~innull number of seats from ?-1 to 36: • ~-lodifi- the hours of operation from 7:30 a.m. to 10:00 p.m.. seven days a week, to 7:30 a.m. to L:00 a.m., seven days a week; • Allo«~ full alcoholic be~-erage sel-~-iee. Please see Attachment =I for additional information regarding the project. B. Plalllllllg COI11I111SSIO11 On Julv 1=1, ?010, the PlaI111ing COI11111ISSIOII considered the subject application (see Attacl>lnent ~). The Plaluling Commission recommended appro~~al of the CUP subject to the staffs reconunended conditions. including conditions that specifically address hours of alcoholic beverage service. hours of meal service. a one year revie«•, and outdoor restaurant seating separation. The Plaruling Commission noted that the findings required b~~ the To~~•n's Alcoholic Beverage Policy (Attachment 1) could be supported by the deliberations of the Commission and the testimony from the public. In addition. the Planning Commission recommended the language in the alcohol seI-~~ice condition (condition no. l? in Attachment 2) be revised to reflect that alcoholic beverage consumption is allowed in the «~aiting area prior to meal service, but that alcoholic bey era`~e serti~ice and consumption is not allo«-ed at the dininy~ ser~~ice bar. Alone \~-Ith the specific conditions noted above, the revised alcohol service condition is included in Attachment ?. PAGE 3 MA~'OR AND TO~~~N COL`~TCIL SUBJECT: 303-30~ N. Santa Cruz Avenue,%U-10-009 Juh~ 21, ?010 The P1amling Commission also questioned ho~v staff interprets hours of operation. In the case of a restaurant, staff interprets that the business ~i~ill cease ser~•ice at the closure hour. which in this case is conditioned to be 11:00 p.m. As such. food and beverage sen~ice would cease at 11:00 p.m. While staff does not condition the time at which the patrons must leave the premises, staff anticipates that it would be within approximately 30 minutes of the restaurant's closure. Staff's intelpretation of hours of operation differs from the applicant. The applicant has stated that her patrons typically dine over a t«•o hour period; and that if a patron is seated at 10:00, their dining experience may last until midnight. Due to the Alcohol Beverage Policy requirement of limiting alcohol sen~ice to 11:00 p.m. Sunday through Thursday, staff could not support the applicant's request to serve alcohol until midnig~it. Therefore, staff has included Condition \o. 10 on Attaclunent 2 that states, "Alcohol beverage seI-~-ice shall cease at 11:00 p.m., seven days a week." If the Town Council defines hours of operation differently, the Council should provide staff with specific direction regarding how the operation hours are interpreted and make any necessary modifications to Condition No. 9 on Attachment 2 that states, ``Maximum hours of operation for the restaurant shall be 7:30 a.m. to 11:00 p.m., seven days a week." Lastly, the Planning Commission recommended that the applicant work «•ith the neighboring restaurant to find a resolution to the issues that were raised. CON~CLUSIGN: The Clip modification will allow an existing established and successful restaurant to increase hours of operation, provide full alcoholic beverage ser<~ice, and expand into a colnlnercial space previously occupied by a retail use. Based on the proposal's inconsistency with Ordinance 2021, staff had recommended soft denial of the project (Attaclunent 4 provides analysis). Hoy;-ever, staff noted that if the Town were to de~~•elop a policy that identities ~ti~hen exceptions to Ordinance 2021 may be appropriate. the location and characteristics of this application could support an exception since: (a) it is an expansion of an existing successful business. (b) is located outside the Doi~~nto~ti•Ii core. and (c) may further encourage foot traffic along this section of North Santa Cruz. The Plaluling Colninission found merit with the project and reconunended approval. y E\~~IRO\~-1ENTAL ASSESSy~1ENT: The project is Categorically Exempt according to Section 1 X301 Class 1 of CEQA as adopted by the Town, which exempts permitting projects consisting of permitting an existing facility. FISCAL IMPACT: Olle. PAGE -~ ~~1A~'OR A\D T0~~1 COt~~CIL SLBJECT: ~0~-~0> ti. Santa Cruz A~~enueU-10-009 Juh• '1. _'010 Attachments: Required Findings. Recommended Conditions of Appro~~al. E~cerht of the Planning Commission ~~erbatim meeting minutes of Jule 1 ~. ?Ol 0. Report to the Pla~uling Commission for the meeting of ,lulu- 14, ?Ol 0. Desk item report to the Planning Commission for the meeting of July 1-1. ?010. Distribution: cc: Brenda Hammond. 18l ~ 1 June Court, Los Gatos. CA 90,3 Bert vlillen, 1836 Oak Dri~-e. ~-lonte Sereno. CA 9~0~0 ~~"RR:JLS:c;t V~: DEV' C\CLRPTS 2010 V~sC?113-_ll~.doc REQLIRED FL~DI\GS FOR: 303-305 `. Santa Cruz Avenue Conditional tine Permit L'-10-009 Requesting approval to etpand an etisting restaurant (James Randall Restaurant) to increase the number of seats, to modify the hours of operation, and to allo~i~ full alcoholic beverage ser~~ice on propert<• zoned C-2. AP\ 510-14-0-18. PROPERTY O«~ER: Bert Millen APPLICA'~T: Brenda Hammond FL\DI\GS Required finding for CEQ A: ^ The project is Categorically Elempt pursuant to Section 1301 of the State Enviroiunental Guidelines as adopted by the Town. Required findings for a Conditional Cse Permit: ^ As required by Section 29.?0.190 of the To«m Code for granting a Conditional lise Permit: The deciding body,. on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed uses of the property are essential or desirable to the public convenience or welfare in that the use ~~-ill continue to provide food and beverage service to the community; and y (?) The proposed uses «•ill not impair the integrity and character of the zone in that the use ~-i11 be in a commercial zone; and (3) The proposed uses would not be detrimental to public health, safety or general welfare in that the use the conditions of approval will mitigate any potential impacts; and (4) The proposed uses of the property are in harmony «-ith the various elements or objectives of the General Plan and the purposes of the Town Code in that the proposed use meets the objectives of the General Plan and Town Code as discussed within the staff report. 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 Redet•elopment Project Area (Section IV.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. Attachment 1 30 ~- ~0~ \. Santa Cruz A~ enue L~-10-009 .~uaust ?. 2010 Page 2 of 2 Required findings t•or the "I•ow-n's .-~Icoholic I3e~ era~~e Police: ^ _~s required by Chapter I1 Section 6 of the To«~n _~lcohol Beverage Policy for «ranting alcohol sei-~~ice be~'ond the hours of 10 p.m. The deciding bode shall make the follo«~ing findings prior to approving an application for a Conditional Lse Permit to serge alcoholic beverages past 10 p.m.: A. Late night service «'ill not adversely impact adjacent residential neighborhoods in that the rear of the restaurant is located approximately 11 ~ feet fi-orn the nearest residence. B. The applicant does not have a history of complaints and non-compliance «~ith local ordinances or the Alcoholic Beverage Policy in that there is no histor}' of complaints at 30 ~ \. Santa Cniz A~-enuc in the last three years. C. The applicant has demonstrated a clear benefit to the communih in that the project continues to provide the community «~ith an established, successfiil restaurant and the applicant notes the restaurant o~~~ner is acti~~e and supportive of Town activities and e~~ent~. Additii+nall~~, the project would till a vacant commercial space. The findings required b}- the To«-n's Alcoholic Beverage Policy can also be supported by the deliberations of Plamling Commission and the testimony from the public at the June I4, 2010, Planning Commission hearing. ~. DL-~ FI\D[\GS?OIO ~sC_03 ,Ci~.doc RECD\I~iEVDED CONDITIONS OF APPROVAL -August 2, 2010 303-305 N. Santa Cruz Avenue Conditional Cse Pernut L'-10-009 Requesting approval to eipand an elisting restaurant (James Randall Restaurant) to increase the number of seats, to modifi- the hours of operation, and to allow full alcoholic be~•erage service on properh~ zoned C-2. APN 510-14-0-18. PROPERTY O«~NER: Bert Millen APPLICANT: Brenda Hammond TO THE SATISFACTION OF THE DIRECTOR OF COM~~IUNITY DEVELOPMENT: Plaruting Division 1. APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed belo~;~ and in substantial compliance with the plans approved and noted as received by the Town on May 27, 2010. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. LAPSE FOR DISCONTINLiANCE. If the activity for which the Conditional L`se Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoiung Ordinance. 3. USE. The approved use is a quality restaurant. 4. NUMBER OF SEATS. The maximum number of seats for the restaurant shall not exceed 36, inclusive of indoor and outdoor seating. 5. OUTDOOR SEATI~"G. A physical separation between the outdoor seating and the public right-of--way shall be installed and maintained on private property, to the satisfaction of the Director of Community Development, Chief of Police, and Director of Parks and Public Works. The physical separation shall be a minimum of three feet high, but no higher than four feet, and be installed in a manner that allows access only through the restaurant. Plans for the physical separation shall be submitted for review by the Town prior to issuance of a building permit. 6. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE. A restaurant employee must seat patrons in the outdoor seating area. 7. HOLD HAR'~1LESS AGREEMENT. Prior to issuance of building permits or commencement of use, whichever comes first. the applicant or owner shall record a hold harmless a~-eement releasing the Town of anv liability related to the outdoor seating. 8. OUTDOOR FURNITURE. Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). 9. HOURS OF OPERATION, Maximum hours of operation for the restaurant shall be 7:30 a.m. to 11:00 p.m., seven days a week. 10. HOL?RS OF ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverage ser<~ice shall cease at 11:00 p.m., seven days a week. y 11. ONE YEAR REVIEW. One year after issuance of the Certificate of Occupancy, the applicant may request review of the Conditional Use Permit to increase the hours of alcoholic beverage service to 12:00 a.m. consistent with the Tov~~n's Alcoholic Beverage Policy. The request for review shall be submitted by the applicant to the Town of Los Gatos Community Development Department with applicable application materials and fees. The request shall be reviewed by the appropriate Town departments and by the Planning Commission and Town Council. Attachment 2 12. ALCOHOL SERA-'ICE. The sel~~ice of alcoholic beverages for the restaurant is permitted onl~~ ~~~ith meals. A meal is defined as a combination of food items selected from a menu (breakfast, brunch. lw]ch, or dinr]er). Appetizers such as popcorn, nachos. pretzels. potato skins. relish trays, etc. (hot or cold) are not meals. Ho~yeyer. a dining sei~ ice bar ~1•ith no patron sen~ice. seating, or standing is allo~~~ed to prepare beverages to be ser-~-ed ~t•ith meals or to patrons in the ~ti-aiting area prior to receivin~~ meal service. 1 ~. LIFE E\TERT~I\\1E\T. \o live entertaimnent is allo«~ed. 14. TAKE OUT SER~•1CE. There shall be no dedicated walk up counter. 1 ~. DL- LI~'~RIES. Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 16. OUTDOOR LIGIf"fI1G. Exterior lightin` shall be kept to a minimum, and shall be do~yn directed lixtures that ~i•ill not reflect or encroach onto adjacent properties. \o flood li<~hts shall be used unless it can be demonstrated that they are needed for safety or securit~•. The lighting plan shall be reviewed during building plan check. 1 ~. T0~1~~\ I'~DEVI~ITY'. Applicants are notified that Town Code Section 1.10.11 ~ requires that any applicant who receives a permit or entitlement from the To«•n 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 ~~•hether or not expressly set forth in the approval. Btrildi~~g Division 18. PER\-ZITS RL-QCIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing ~~ ork as necessary. ]9. CO\DITIO\S OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance ylemorandum shall be prepared and submitted «•ith the building permit application detailing hope the Conditions of Approval ~yill be addressed. 20. SIZE OF PLA\S: Four sets of construction plans, maximum size 24" x 36". 21. TITLE 24 E~;~ERG1' COtiIPLIA\~CE: California "fide 24 Energy Compliance forms must be blue-lined on the plans including lighting compliance and mandatory measures. ??. '1•ITLE ?~ _'1CCESSIBILITY - COti~Iy~IERICAL: For any proposed tenant improvements, on-site parking and general path of travel shall comply with the latest Califol7]ia Title 24 Accessibility Standards. ~~%ork shall include, but not be limited to, accessibilit~• to building entrances from parking facilities and sidewalks. '_ ~. T1"fLE 24 - CO\Iy~1ER1CAL: For any proposed tenant improvements, the building shall be upgraded to comply the latest California Title 24 Accessibility Standards. \ecessarv work shall be first investi~~ated b~• the design architect and then confirmed by To«•n staff. 24. TITLE 24 - REST:yLR_~NT LSE: Proper size grease trap shall be required for any restaurant use. The follo~;ping agencies will revie~i• the grease trap requirements before issuance of the building peI-mit: a. «-cst ~~allev Sanitation District (~~•~•SD): (=108) 378-2408 b. Environmental Health Department: (408) 88~-4200 c. To~t~n Public \~~orks Depaltment: (408) 399-7>30 ?~. PLA\S: The consu-uction plans sl]all be prepared under the direct super~•ision of a licensed architect or engineer. (Business and Professionals Code Section ~~38) 26. APPRO~~ALS REQUIRED: The project requires the following departments and agencies appri?~~al before issuing a building pcm]it: a. Community Development - PIaIU]ing Division: Jennifer Sa~~age (408) 399-~ i02 b. Santa Clara County Fire Department: (=108) 378-4010 c. Nest ~~'alley Sanitation District: (408) 378-2407 d. County Envirozunental Health Department: (408) 88~-4200 27. ADVISORY" CO\~MENTS for RETAIL TE\ANT I~IPRO~~'EMEtiTS: a. In addition to al] ne«~ work complying with the Code for accessibilih-, when existing Buildings are altered or remodeled the}% must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessiblity for Existing Buildings". Existing accessibility features and,'or elements required to be accessible in order of priority include: (a) Accessible entrance with required signage and door hardware; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible fitting or dressing rooms in compliance with CBC Sections 1 1 17B.8 and 1133B.6.2. (d)Accessible Restrooms. b. ~~~'here the cost of alterations or remodeling is less than a threshold amount (cur-ently at S 128;410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20°'0 of the budget), then the Owner can limit disabled access upgrades to 20°ro of the budget cost for alterations ~~%ith the approval of the Building Official. Please obtain the Town 20°io Rule Form from the Town Permit Counter or download from the To«~n of Los Gatos website at «-~~-tv.losgatosca.gov and completely fill it out showing all the required upgrades that «ill be provided and their costs. This form must be pernanently affixed (i.e. blue-lined, sticky-backed) to the plans. TO THE SATFISFATION OF THE DIRECTOR OF PARKS ~. PUBLIC «%ORKS: L-'zzgineez-izzg Divisio~z 28. GE~ER:~L. All public improvements shall be made according to the latest adopted Town Standard Dra~t•ings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. "I'he adjacent public right-of-~vay shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be «•ashed into storm drainage facilities. The storing of goods and materials on the sidewalk and:'or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-«~a}% according to this condition may result in the To«~n performing the required maintenance at the developer's expense. y 29. ENCROACHI~IEN"T PEI\~1IT. All «~ork in the public right-of-~~~av ~~-i11 require a Construction Encroachment Permit. All work over S~,000y dill require construction security. 30. PUBLIC WORKS li\SPECTIOtiS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all ~~-ork in the Town's right-of-u~av. Failure to do so ~t~ill result in rejection of work that «%ent on «%ithout inspection. 31. ABOVE GROU\D UTILITIES. The applicant shall submit a 7~-percent progress printing to the Town for review of above ground utilities including backflo~i~ prevention devices, fire department connections, gas and water meters. off-street val~~e boxes, hydrants, site lighting, electricaL'communication'cable bores, transformers, and mail boxes. Above ground utilities shall be revie«~ed and approved by Community Development prior to issuance of an.' permit. 32. SITE SUPERVISION. •I'he General Contractor shall provide qualified supervision on the job site at all times during construction. ~. SIDE~~~ALK CLOSURE. Anv proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. -l. PARKI\G. Anv proposed parking restrictions trust be appro~~ed b}- LGP ~~. PL-'~'~ CHECK FEES. Plan check fees shall be deposited «~ith the To«•n prior to plan reyie~y at the Engineering Division of the Parks and Public ~~'orks Department. 36. I~SPECTIO\ FEES. Inspection fees shall be deposited with the Town prior to issuance of anv Permit or recordation of the Final ~Iap. ,7, DESIG\ CHA\GES. The Applicant's registered Engineer shall notif~~ the To~yn Engineer. in ~yriting, at least 72 hours in advance of all differences bet«~een the proposed ~~~ork and the design indicated on the plans. Any proposed changes shall be subject to the approval of the To«~n before altered «•ork is started. .Am° appro~•ed changes shall be incorporated into the final "as-built" dra«~ings. 38. TRAFFIC I~4PACT \~IITIGATIO\' FEE (CO'~t~IERCh1L) The de~-eloper shall pay a fee proportional to the project's share of transportation improvement needed to ser~~e cumulative development ~yithin the Town of Los Gatos. The fee amount will be based upon the To~~~n Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project. using the current fee schedule and the preliminary plans is S6.088. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building pernzit application, using a trip generation rate based on Quality Restaurant use. 39. CONSTRUCTIO\T STREET PARKI_~G. No vehicle having a manufacturer's rated gross ~~ehicle «~eight exceeding ten thousand (10.000) pounds shall be allo«-ed to park on the potrtion of a street ~i-hich abuts propert}- in a residential zone «•ithout prior approval from the To~a-n Engineer (~ 1 x.40.070). 40. RESTORATIO\t OF PUBLIC IMPROI'E?~~iE\TS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as. but not limited to: curbs, gutters, ide«-alks, driyewavs, sills, pavements. raised pavement markers, thermoplastic pavement markings. etc. shall be repaired and replaced to a condition equal to or b -otter than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall compl}- with all Title 24 Disabled Access provisions. Developer shall request awalk-tlu-ough ~t~ith the Engineering Construction Inspector before the start of construction to verify existing conditions. -~1. FE\CI~G. Ana fencing proposed «-ithin 200-feet of an intersection shall comply ~yith To«~n Code Section ~? ~.l 0.080. 42. 5.-~\1T:~R~' SE~~-ER LATERAL. Sanitary se~~-er laterals are televised by ~•est ~'allev Sanitation District and approved b}' the To~yn of Los Gatos before they are used or reused. Install a sanitary se~~~er lateral clean-out at the property line. 4 ~. S:~\ 1T:1R~' SE~~'ER BACK~`':1TER ~'AL~- E. Drainage piping serving fixtures ~a~hich have flood level rims less than t~yelye (12) inches (304.8 mm} above the elevation of the next upstream mat>liole and or flushing inlet cover at the public or private sewer s}~stem ser<~ing such drainage piping shall be protected from backflo~t of se~vagc by installing an appro~~ed t}pe backwater yal~~e. Fixtures above such ele~~ation shall not discharge through the back«~ater valve. unless first approved by the Administratiti~e (Sec. 6.50.020. The To~yn shall not incur anv liability or responsibilit}~ for damage resulting from a sewer overflow «~here the property owner or other person has failed to install a backwater valve. as defined section 1 U3(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of },Vest Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. =1-1. OL"TDOOR TR.~SH E\CLOSLRES. Outdoor trash enclosures shall be co~~ered and area drains colu~ected to the sanitary sewer system shall be provided. Temporary trash enclosures are exempt from this condition. =I~. GREASE TR.~PS. y~Ieet all requirements of the Santa Clara County Health Department and 'L'est Valley Sanitation District for the interception, separation or pretreatment of effluent. =I6. CONSTRUCTION NOISE. Between the hours of 8:00 a.m, to 8:00 p.m., ~reckda}%s and 9:00 a.m, to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (8~) dBA at twenty-five (?~) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (2~) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (8~) dBA. =I7. GOOD HOUSEKEEPING. Good housekeeping practices shall be obsel-~-ed at all times during the course of construction. Superintendence of COI1StrLlct1011 shall be diligently performed by a person or persons authorized to do so at all times during ~vorkina hours. The stol-ing of Goods and-or materials on the side«-alk and'or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of- way shall be kept clear of all job related dirt and debris at the end of the da}%. Dirt and debl-is shall not be washed into stone drainage facilities. The storing of goods and materials on the sidewalk and'or the street «-ill not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all ~rorking hours. Failure to maintain the public right-of-«~av according to this condition may result in the To«~n performing the required maintenance at the developer's expense. 48. PERyIIT ISSUANCE: Pelrnits for each phase; reclamation, landscape; and grading, shall be issued simultaneously. TO THE SATISFACTION OF THE CHIEF OF POLICE.: 49. UNIFORMED SECURITY. Uniformed pl-ivately 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. ~0. CONSULTATION AND TR_~I~IING. At the discretion of the Chief of Police, periodic meetings will be conducted «~ith representatives from the Police Department for on-going employee training on alcoholic beverage sere-ice to the general public. ~1. TIL=yI\ING \Ia\L-11L. The restaurant operator shall use an employee trainin` manual that addresses alcoholic bey erage service consistent «~ith the standards of the California Restaurant ASSOelatl~)11. ~~. DESIGNATED DRIVER PROGR~\1. The restaurant operator shall actively promote a designated driver program such as complimental-_v non-alcoholic beverages for designated drivers. ~~. POST1\G OF T.~XIC_-~B TELEPHONE NUyIBERS. 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E U c L e: ~ _ ~. ~~ T O v O r C - -= y c 5 ~: - Ti c: >- O - 3 ., ~ 2 ^. v E C ~ ~ ~ - x _ o rc - - L a _ ,~ _ E _ v, c~ > r L v v >- >. 3 -' ~ c .-. y x U rc .. .. 2 ~ 2 r ,W x - o e e ~: = U U ,_, i L•' fJ _ r, } T E _- V < Z C C - ~ C ~_ - ~ ~' C ... C. .... :1 ~^ - _ v 0.J ti' " ~ G ~'. _ r. µ - i _ - - _ ; ~ } _ _ - C - .. - ~. ~ _ o c > C z :J z Z _ z= z J V7 - C s~.~~_~F TOWN OF LOS GATOS ITEII~I NO: 3 ~I,v;j~ ~ PLANNING COII~I'iVIISSION STAFF REPORT SOS ~at`~= Meeting Date: July 14, 2010 PREPARED BY: Jennifer L. Savage, Planner isavaee(c7~.loseatosea. ov APPLICATION NO: Conditional Lase Permit Application U-10-009 LOCATION: 303-305 N. Santa Cruz A~~enue (west side of N. Santa Cruz Avenue, approximately 600 feet south of Los Gatos-Saratoga Road) APPLICANT: Brenda Hammond PROPERTY O~TVNER: Bert It~tillen CONTACT PERSON: Brenda Hammond APPLICATION SUIvINL~LRY: Requesting approval to expand an existing restaurant (James Randall Restaurant) to increase the number of seats, to modify the hours of operation; and to allow full alcoholic beverage service on propert~r zoned C-2. APN 510-14-048. DEEMED C01\~iPLETL: July 7, 2010 FT~TAL DATE TO TAKE ACTION; January 7, 2011 RECOIt11\iENDATION: Forward Conditional Use Pei7nit U-10-009 to the Town Council -ith a Recommendation of Soft Denial. Should the Plamiing Cormnission find that the request meets the Conditional Use Permit approval criteria, staff included recommended conditions in this report. PROJECT D:~TA: General Plan Designation: Central Business District Zoning Designation: C-2 -Central Business District Applicable Plans & Standards: General Plan; Central Los Gatos Redevelopment Plan Parcel Size: 21,000 square feet Surrounding Area: _ _ _ ` Existing Land Use ?General Plan ' Zonine North Conunercial____ _ ~ Central Busi~-tess District - C-2 _ _ East ~ Conunercial ' Central Business District `:: C-2 _ __ South ;Commercial ~ ~ Central Business District ___ __ C-2 Z~fest ~ Commercial :Central Business District C-2 Attachment 4 Plantting Conuttission Staff Repor: -Page 2 303-305 N. Santa Cruz Avenue;2i-10-009 July 14, 2010 CEQA: The project is Categorically Exempt according 'o Section 15301 of the State Environmental Guidelines as adopted by the Town because the project consists o perr:itting ar_ existing facility with no structural expansion. FII`~DI~1GS: ^ As requred by Section 15301 of the State Enviromrental Guidelines as adouted by the ~'o~i-n thzt this project is Categorically Exempt. ^ As required by Section 29.20.140 of the Towr. Code for grantirg a Conditional Use Pct~nit. ^ As requiredl by Section IV.B of the Redevelopment Plan for the Central Les Gatos Redevelopment Project that it meets the use set forth in Elie 'I'o«rn's General Plan. ^ As required by the To~~~n's Alcoholic Beverage Policy to approve a Conditional Use Pcr-n:it to set-~~e alcoholic beverages afar 10:00 p.rn. CONSIDERATIONS: NTone. ACTION: Fo rward Conditional Use Petn~it U-10-009 to the Town Council wi th a Reconm~endation of Soft Denial EXI-III3ITS: 1. Location Map (one page) 2. Findings and Considerations 3. Recommended Conditions of Approval 4. Ordinance 2021 (two paces) 5. Town's Alcoholic Beverage Policy (six pages) 6. Standards for Outdoor Restaurant Seating (tivo pages) 7. Iv1ap of Restaurant and Bar Concentrat7on 8. Lette of Justification (four pages), recc;ived July 7, 2010 9. Dcveloprnent Plans (three pages}, received July 7, 20l 0 BACKGROUND: A Conditional Lse Permit (CUP) for the James Randall Restaurant .if 303 N. Santa Cniz A~,~ettue ~x~as approved by Town Counci: en April 17, 2006. The Clip allotvs a quality restaurant ~~,~ith hoer anr' w°ine service; and outdoor seati:.g. A rota:] b_ts~:ness (Tassels) previously occupied tLe adjacent commercial space at 305 N. Santa Crtiz Avenue. Platu~ing Commission Staff Report -Page 3 303-305 N. Santa Cruz Avenue.R1-10-009 3uly 14, 2010 Three Towv Policies -retail conversion, the Alcoholic Beverage Policy (ABP), and standards for outdoor restaurant seating -provide guidance iu the analysis of this application. In 1996, the To~~nr Council adopted an ordinance that "intended to discourage the displacement of retail uses by restaurant uses by requiring the Plaruvng Coirtmissiot: to conduct a careful review of all applications for new restaurant uses in the C-2 zone tln~ough the public hearing process" (Exhibit 4}. The amended ABP was adopted by the Town Council in September 2001 (Exhibit ~). The propose of the .4BP is to provide parameters for alcoholic beverage service and direction through a General Policy and a Specific Policy. The Town Council adopted standards for outdoor restaurant seating in 1994 (Exhibit 6). The subject application is analyzed against these policies in the Analysis section below. PROJECT DESCRIP"I`ION A. Conditional Use Pet7nit The request includes the following: Increase the maxunum number of seats from 24 to 36; 1~lodify the hours of operation from 7:30 a.m. to 10:00 p,tn., seven days a week, to 7:3U a.m. to 12:00 a.m., seven days a i~-eek; Allow full alcoholic beverage service. The applicant provided a letter of justification describing the proposal (Exhibit 8). The applicant's letter states tl~e.y are not requesting a change in the hours of operation. Hov~~ever; staff was :reformed Neat the applicant wants to operate until 12:00 a.m. Staff reviewed the project based on a 12,00 a.m. closing time. Also, as discussed in the Analysis section below, the parking requirement is the same for 34 seats or 36 seats, and staff evaluated the application based on 36 seats. 'I he service of food and alcoholic beverages requires a Conditional Use Permit. The Plamislg Conunission shall make a recommendation to the Town Council, tvho ~,vill be the final deciding body pursuant to the Alcoholic Beverage Policy (ABP). B, Location and Surroundis~ Nci~hborhood The project site is located at 303 and 305 N, Santa Cruz Avenue, on the west side of N. Santa Cruz Avenue and approximately 600 feet south of Los Gatos-Saratoga Road. The property is sun-ounded by commercial uses in all directions. Plan~uug Conunission Staff Report -Page ~ 303-30~ \. Santa Cruz Avcnue~'LT-10-009 July 1~1, 2010 C. Zoning Compliancz The zoning designat=_on allo«•s food and beverage service subject to the appraval of a Conditional Use Permit. AtiALYSIS: A. Alcoholic Beverage Policti~ (ABP) Pujl~o.se The requirements contained in the ABP are intended to protect nearby residential neighborhoods, while maintaining `the viability of our cotnrsercial centers.' The policy provides assurance that hours of operation will be regulated for a variety of reasons, including proximity to residential neighborhoods and concentration of alcoholic beverage serving establislunents within one area. The restaurant fronts on N. Santa Cruz Avemae. To the rear of the building, and on the same property, is CB Harnegan's restaurant. Beyond CB Flannegan's is a residential neighborhood. Six Police Department service cal]s were made to 303 N. Santa Cruz in the past three years, and none we: e related to noise from the restaurant or its patrons. General Policy The ABP's Gene: al Policy contains eight requirements. The application is subject to requirements no. 1, 4 tl-rough 8. Requirements ?and 3 are not applicable to the subject application because there will be no entertainment. RLquirement No. 1 states `the Town sl;all continue to strongly discourage new applications for staled alone bars or restaurants :vith separate bars.' .Although the proposal does include a dining service bar, tie proposal does not include a separate bar. The applicant's loiter of justification explains the bar will be a service bar only (exhibit 8) and, there ore, this requirement is met. Requirement No. 4 does not pen~it alcoholic beverage service ai~er 11:00 p.m. Sunday through Thursday, except :or holidays and evenings before holidays, or a;"ler 1:00 a.m. Friday, Saturday, holidays, anc: evenings before hoL'days. (Requirement No. 6 requires specific findings for alcoholic beverage service after 10:00 p.m.; see requirement no. 6 below). The ABP allows existing establishme:its with CCPs in good standing and with operating hours afrer those lister' to continue under their existuig approved operating hours. The. project does not meet re4uirement ~:o. ~' because the proposal includes the request to operate until 12:00 a.n:., seven days a week, acid tl-.e existing CLP requires the restaurant to Plaruung Conunission Staff Report -Page 5 303-305 N. Santa Cruz Avemie/li-10-009 July 14, 2010 close at 10:00 p.m. The Police Department {PD} has reviewed the proposal. PD has general concerns with alcoholic beverage service after 11:00 p.m; the concern is not specifically focused for issues associated with the subject restaurant. PD recommends alcoholic beverage service cease at 11:00 p.m. Staff included a recommended condition of approval to restrict the hours of alcoholic beverage service to be consistent with the ABP and the Police Department's recommendations (Exhibit 3). It should be noted that the recommended condition of approval is not consistent with the applicant's proposal. The Police Department is amenable to subsequent review of the CUP to determine if later hours for alcoholic beverage service are appropriate. It should be noted that the current ABP would allow an increase in alcoholic beverage service only on Fridays, Saturdays, holidays, and evenings before holidays. If the Planning Commission finds merit to allow service until 12:00 a.m. on the days allowed by the ABP after one year, staff recommends the following condition is included in the Planning Commission's recommendation: Oi`IE YEAR REVIEW. One year after issuance of the Certificate of Occupancy, the applicant may request review of the Conditional Use Permit to increase the hours of alcoholic beverage service to 12:00 a.m, consistent with the Town's Alcoholic Beverage Policy, The request for review shall be submitted by the applicant to the Town of Los Gatos Gommunity Development Department 4vith applicable application materials and fees. The request shall be reviewed by the appropriate Town departments and by the Planning Commission and Town Council. Requirement No. 5 states an establishment serving alcoholic beverages is subject to five prov7sions related to alcohol service (Exhibit 5). The Police Department has specific discretion over two of the provisions in Requirement 5. The subject application meets this requirement. Requirement No. 6 requires the deciding body to make the following findings to approve an application to serve alcoholic beverages after 10:00 p.m.: 1. Late night service ti;•ill not adversely il-npact adjacent residential neighborhoods; 2. The applicant does not have a history of complaints and on-compliance ~~rith local ordurances or the _4lcoholic Beverage Policy; 3. The applicant has demonstrated a clear benefit to the. community. The approved maximum hours of operation are from 7:30 a.m. to 10:00 p.m, seven days a week. The proposed hours of operation are 1 L•00 a.m. to 12:00 a.m., seven days a week. The rear of the restaurant is located approxunately 115 feet from the nearest residence. A nunimal number of service calls were made to 303 N. Santa Craz (six in the past three years}. The calls were not related to noise from the restaurant or its patrons; the calls were related to a dispute not associated wi+1i the restaurant, a solicitor at the restaurant, and damage to restaurant property. The project continues to provide the community vrith an Planning Conu~ussion Staff Report -Page 6 303-305 h. Santa Cruz Avenue!L-10-009 July 14, 2010 established, successful restaurant and the applicant notes the restaurant owner is active and supportive of Town activities and events {Exhibit 8). Additionally, the project would fill a vacant commercial space. Requirement No. 7 defines a meal as `a combination of food items selected from menu.' The existing business is required, as a condition of approval; to provide meal service with alcoholic beverage service, Staff recorn_~nends ties condition remain if the subject application is approved so that tl.e restaurant continues to comply with this ABP requirement. Requirement No. 8 allows alcohol beverage service ul outdoor seating if adequate separation from public areas is provided. The separation should prevent the passing or canying of alcoholic beverages outside the restaurant seating area. The existing separation does not include separation at the northern end of the seating area and does not clearly deter alcoholic beverages outside the seating area. Therefore, staff does not believe that this requirement has been met. The project will result in the restaurant's front entry relocation which would allow the outdoor seating area to include separation along the entire northern outdoor seating boundary. The Comsr_ission should car.sider if the existing separation meet the requirements of the Standards for Outdoor Restaurant Seating. Analysis of the project against the Standards for Outdoor Restaurant Seating is provided below in the Analysis section of the same name. Specific Policy The Specific Policy has two requirements that address alcoholic beverage service at restaurants. The first states "alcoholic beverages may only be served «rith meals." The proposed business expansion ~~~ill continue to provide food service from a menu. The second rcquiretnent states that "meal sen~ice shall he available until closing." The restaurant is cun•ently required to provide meal service with alcoholic beverages and will continue to do so (Exhibit 3}. The Plaitu~lg Commission may consider adding a condition that meal service is available anti] closing. B. Restaurant Use in the Dawr_tow~, Area Ordinance 2021 discourages the displacement of retai uses by restaurant uses in the G2 zone and expresses concern about the concentration of restaurant uses (Exhibit =1). Approval of the subject project would allow an existing restaurant to expand into a commercial space previously occupied by a retail use. The commercial kitchen will got expand info the commercial space at 305 N. Santa Cruz; however, the expansion does include a service bar. The minimal improvements of the senfice bar would make it easier to convert the space at 30~ N. Santa Cruz back into a retail space in the future. However. Planning Commission Staff Report -Page 7 303-305 N. Santa Cniz Avenue/U-10-009 July 14, 2010 restaurant space is lirrtited in the downtown and once 305 N. Santa Cruz is used for a restaurant use it is unlikely to convert back to retail. The ordinance does not provide a numerical value for a maximtun concentration of restaurant uses in the C-2 zonng district. Exhibit 7 provides a map of the downtown illustrating the location of restaurants in the C-2 zoning district. Traditionally, the downtown shopping core has been defined as N, Santa Cruz Avenue from Main Street to Royce Street, and University Avenue from Main Street to Elm Street. Downtown streets outside of that area ha~re exhibited higher turnover of businesses and vacancies tend to stay on the market for longer periods of time. Additionally, foot traffic diminishes as you travel north from i~iain Street along N. Santa Cruz Avenue. The subject property is located outside the core and, as noted in Exhibit 7, the area is not concentrated with restaurants. The applicant's letter addresses the loss of retail space (Exhibit 8). The project wit displace a retail space with a restaurant use. However, the restaurant is an existing restaurant (not a new restaurant), will continue to attract foot traffic towards the northern end of N. Santa Cruz Avenue (south of Los Gatos-Saratoga Road), and will help au existing busuiess expand. Although the proposal to expand into an existir_Q retail space maybe appropriate in this location, staff is recommending a soft denial of the proposal due to the project's inconsistency with the intent of Ordinance 2021. C. Standards far Outdoor Restaurant Seating Standards for outdoor restaurant seating were adopted in 199. TY:e standards require a physical separation between private and public property. The standards also require that the physical separation prevent passing or carrying alcoholic beverages outside the restaurant seating area. The site has an existing separation. However, the separation does not clearly preve:~t carrying alcoholic beverages away from the outdoor seating area. The existing separation does not include separation at the northern end of the seating area and, therefore, does not clearly deter alcoholic beverages outsize the seating area. The project will result in die restaurant's front entry relocation. The enhy relocation would allow the outdoor seating area to include separation along the er_tire northern outdoor seating boundary with access only through the restaurant. if the Commission Ends merit with the project; staff included a recommended condition of approval that requires a physical delineation or barrier to be uistalled in a manner that allows access only through the restaurant. D. Parl~na The subject property is located in the Parking Assessrr~ent District. Based on the previous retail use, the space at 305 N. Salta Cruz has tiu•ee spaces allocated to it. Based on the Planning Commission Staf Re:;o--t - Prge 8 303-30~ '~. Santa Cruz A~~enao;! '-10-009 July 14, 2010 required parking ratio of four parking spaces for a restaurant use without a separate bar. the expansion is allowed an additional 12 restaurant seats. Pa-king requi•ements do not change between 34 and 36 seats because the requi_ed number of spaces is rounder up. Therefore. although the applicant's request is for a maximum of 3q seats, staff recommends the maximum number o_'seats to be 36 seats. T}ss will allow the applicant sore flexibility ir. seating without the requirement to modif}~ :he CUP. E. Trafnc The project will result in a net increase of 11.5 ADT and 3 PM peak trips, and a decrease of 1 ~'L1~1 peak trips. The increase in traffic does not require a traf is str:dy or commur_it}• benefit. The project is subject to traffic mitigation fees. General Plan The goals and policies of the General Plan Listed below are applicable to this project. Staff comments for each goal and policy arc provided in italics. • Goal L.G.~.1 - To provide residents with adequate commercial and industrial services. The proposed use provides a com~ner•cial service to the Totivn residents. • Goal L.G.5.2 - To maintai_i a balanced, econoinical:y stable comtmunity within em~ironmental goals. 7{re proposed use fills an othervise vacant commercial space tint would reduce the atrzount of corr~rrzerctal space for• retail asses. • Policy L.P.5.2 - Encourage a mix of retail; office and professional uses in conunercial areas, except in the Central Btainess DisMct where retail should be emphasized. 1'lae use is located in the Central Business district and tia,oulcl rerr~ove a carnmercial space from availability for a r•etnil use. • Policy L.P.5.6 -Encourage development that maintains and expands resident-oriented services and,'or creates employment opportutvties for local residents consistent with overall land use policies of the Town. The project w-i11 maintain a ser~~ice to the Toia~r2 's residents. • Goal L.G.6.2 - To preserve downtown Los Gatos as the historic center of the i own with goods and scraices for local residents vrhile mamt~,L.ing ti~i, existlllg T:.:v,'1; identity, envi•orunent and commercial viability.1'he use maintains art existing restaurmtt that conh•ibutes to the c~~istirrg Tv~~~~u identity and provides a ser ~~ice avcrilu6le fo residents. G. Envirotunenta] Review The project is Categorically Exempt accordi_-~g to Section 1 X301 Class 1 of CEQA as adopted by the Town, which exempts permitting an existing facility with no structural expansion. PIaluung Commission Staff Report -Page 9 303-305 N. Santa Cruz Avenue,fLJ-10-009 July 14, 2010 H. Redevelopment Plan for the Central Los Gatos Redevelopment Proiect Area The Redevelopment Plan contains a Redevelopment Land Use h~fap 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 used for the general commercial uses set forth and described izi the Town's General Plan. The proposed use falls under general commercial uses. I. Conditional Use Perr_lit Findings In order to grant approval of a Conditional Use Permit, the hearing body must make the following findings: {1) The proposed uses of the property are essential or desirable to the public convenience or welfare; and (Z) The proposed uses will not impair the integrity and character of the zone; and (3) The proposed uses would not be detrimental to public health, safety or general welfare; and (4) The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. In regards to finding one, the use will continue io provide food and beverage service to the community. In regards to the second finding, the use will not impair the integrity of the zone since the use ti~~il1 be in a commercial zone. 111 regards to finding three, the use will not be detrimental to public health safety or general welfare because the conditions of approval will mitigate any potential impacts. In regards to the final finding, the proposed use meets the objectives of the General Plan and To«Tn Code as discussed within tlvs report. PUBLIC CO1~~I~VIENTS: At this time, the Town has not received any pt;blic comment. SU~NL~fAR~' A1~ID RBCONfl\~fENDATION: A. Sulnmarv: The project will allow an existing established and successful restaurant to increase hours of operation, provide full alcoholic beverage service, and expand >1-rto a commercial space previously occupied by a retail use. The Planning Commission should consider if the use is consistent with the ABP and outdoor seating standards or if additional conditions are Planning Commission Staff Report -Page 10 30 ~-30~ N. Santa Cniz Avenue;[;-10-009 July l d, 2010 «•arranted. The Commission should also consider if the project is consistent with Ordinance 202 [ which discourages displacement of retails uses by restaurant uses, B. Recommendation: The project can be conditioned to comply with the ABP and Standards for Outdoor Restaurant Seating. Although the project ~z; ill displace a retail :;pace with a restaurant use, the restaurant: Is an existing restaurant, not a new restaurant; Will continue to attract foot traffic towards t'.~e northern end of INT. Santa Cruz Avenue, south of Los Gatos-Saratoga Road; and, Will help the success of an existing business. Based on the proposal's inconsistency with Ordinance 2010, staff must recommend soft denial of the project. However, staff also feels that if the Town wore to develop a policy that identifies when exceptions to Ordinance 2010 may be appropriate, the location acd characteristics of this application could support an exception since it is an expansion o an existing successful business, is located outside the Do~~-mown core, and may fIU•ther encourage foot traffic along this section of North Santa Cnlz. If the Comn-Iission concurs with staff's recormm~e7dation, it should: Recommend dorsal of the application. If the Planning Commission finds merit with the proposal, it should consider the conditions recommended by staff specifically those regarding the hours of alcoholic beverage sen~ice, hours of meal service; the one year revi env, and the outdoor restaurant .seating separation. Then the Commission can: 1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmertai Quality Act as adopted b}' the Town (Exhibit ?); and 2. Make the required findings as requred by Section 29.20.190 of the Town Code for +• r a'~' ~ L t ~~• alld grali~in~ approval of a ~.ivn(il~Iviial LJse P~'.Ii?llt ~~%' llv'It :.,~, 3. Malce the required finding as required by Section IV.B ofthe Redevelopment Plan for the Central Los Gates Redevelopment Project that it meets the use set forth il~ the Town's General Plan (Exllbit 2); and 4. Nlake the required findings as required by the Town's A:coholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after 10:00 pm; al~d 5. Recommend apprava' of Conditional t~se Permit application L-10-0+J % to the Town Council wi(h ?h;: conditions contained iI1 1=xlubit 3. Planning Commission Staff Report -Page 1 I 303-305 N. Santa Cniz Avenue/L'-IO-009 July 14, 2010 Alternatively, if the Col~llnission has concerns with the application, it can: 1. Recomlxlend approval of the application to the Town Council with additional and/or modified conditions of approval. a .~ ~.~ 1~1J~'~ jet, ~C~~~Z. > ~ C• ,; Pry ared'~,y: ~ ~ Approved Jennifer L. Savage, CGBP Tendie R. oney Planner Director of Community Development WRR:JS:cgt cc: Brenda Hammond, 18131 June Court, Los Gatos, CA 95033 Bert Millen, 18364 Oak Drive, iVlonte Sereno, CA 95030 i`I:~DEVIREPORTS~20101N SC303.doc 303-305 N. Santa Cruz Avenue ~ - /; 1/ \ J ~ _ L ~,_,\ T ~, , `\ ~! r ~ '\,7 ! Y V ,_~ ~ ~ ter; J r \r=~ 4' ~~ ' ``'~ - r` ' ~ ='~ / - `,~~ fi `~~,' ~ f ~ r~ ~ :cam , ,,~ ,, `~~„~~ >_ , _ '~ _ ~ / ~.~ ;~~. ;, Txhibit 1 REQUIRED FINi DINGS FOR: 303-305 N. Santa Cruz Avenue Conditional Lse Pernut U-10-009 Requesting approval to expand an e~istuig restaurant (James RandaII Restaurant) to increase the number of seats, to modify the hours of operation, and to allov~• full alcoholic beverage ser~~ice on propert3~ zoned C-2. APN 510-14-043. PROPERTY OWNER: Bert I1-Iillen ~-PPL,ICANT: Brenda Hammund FLNDI'_VGS Required finding for CEQA: ^ The project is Categorically Exempt pursuant to Section 1301 of the State Environmental Guidelines as adopted by the To«m. Required findings for a Conditional Use Permit: ^ As required by Section 29.20.190 of the Tewn Code for granting a Conditional lise Permit: The deciding body, on the basis of the evidence submitted at tl,~e hearing, may grant a conditional use permit «~hen specifically aud~orized by the provisions of the To~,vn Cede if it finds that: (1) The proposed uses of the property are essential or desv'able to the public conveiuence or welfare in that the use will continue to provide food and beverage service to he community: and (2) The proposed uses will not impair the integrity and character of the zone in that the use will be in a couvriercial zone: and (3) T11e proposed uses woulr_ not be detrimental to public health, safety or general welfare in that the use the condaions of approval will mitigate any potential impacts; and (4) The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code in that the p,~uposed use meets the objectives ofthe General Plan and To«Jn Code as discussed ~v~_thin the staff repot•;, Required finding for the Redevclopiuent Plan for the Ccntral Los Gatos Redevelopment Project :~•ea: That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section Iti'.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. ~:xhibit 2 303-305 N. Sacita Cruz Aveaue.~IJ-10-009 July 14.2010 Pane 2 of 2 Required findings for the Town's Alcoholic Bey erage Policy: ^ As required by Chap:~~r II Secr_on 6 of the Town Alcohol Policy ror granting alcoho; service beyond the hours of 10 p?n. The deciding body shall take fne following ndings prior to appro=,ir_g an applica`.ion for a Concitional Use Pei-Irut to son-e GlcohoLc beverages past 1CP~I: A. Late night service will not adversely impact adjacent residential neigllborhoocs in that :he rear of the restaurant is located approximately 115 feet from the r_earest residence. B. The applicant does not have a history of complaints and r_on-cetnpliance with local ordinances or the Alcoholic Beverage Policy in that there a ro history of complaints at 303 h;. Santa Cruz Avenue in the last three years. C. The applicant has demonstrated a clear benefit r_o the community in that the project contvtues to provide the conununity with an establisF:ed, successful restaurant and the applicant notes the restaurant owner is active and supportive of Town activities and events. Additionally, the project would fill a vacant conunercial space. NapLV,Pf\DLti~S'3Gl0~NSC303 305.doc RECOI~'LNIENDED CONDITIONS OF APPROVAL - Jrtly 14, 2010 303-305 N. Santa Cruz _Avenue Conditioual Use Peruut L'-10-009 Requestin ; approval to expand an existing restaurant (James Randall Restaurant) to increase the number of seats, to modify the hours of operation, and to allow full alcoholic beverage scrvzce on property zoned C-2. APN 510-1~-043. PROPERTY 0~~7ER: Bert :hlilleu APPLICAi~tT: Brenda Hammond TO THE SATISFACTION OF THE DIRECTOR OF CO~~I~~iUNITY DEVELOPiviENT: Planning Division 1. APPROVAL. This application shall be completed in accordance ~~-ith all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on May 27, 2010. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Platuung Commission, or Town Council, depending cn the scope of the changes. 2, 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. 3. USE. The approved use is a quality restaurant. 4. NUMBER OF SEATS. The maximum number of seats for the restaurant shall not exceed 36; inclusive of indoor and outdoor seating. ~. OUTDOOR SEA1 ING. A physical separation between the outdoor seatuig and the public right-of-«~ay shall be installed and maintained on private property, to the satisfaction of the Director of Community Development, Chief of Police, and Director of Parks and Public Works. The physical separation shall be a mininum of three feet high, but no higher than four feet, and be installed in a manner that allows access only through the restaurant. Plans for the physical separation shall be submitted for re~7ew by the Town prior to issuance of a building per_rit. 6. OUTDOOR FOOD AhID ALCOHOLIC BEVERAGE SERVICE. A restaurant employee must seat patrons in the outdoor sealing area. 7. HOLD H~IRMLESS AGREE\~1ENT. Prior to issuance of building permlits or commencement of use, ~c~hichever comes first, tlne applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE. Outdoor fiamiture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). 9. HOURS OF OPER_aTION. Maxirrum hours of operation for the restaur4nt shall be 7:30 a.m. to 12:00 a.m., seven days a week. 10. HOURS OF ALCOHOLIC BE~~-L-RAGE SERVICE: Alcoholic beverage service shall cease at 11:00 p.m., seven days a week. 11. ALCOHOL SERVICE. The service of alcoholic beverages for the restaurant is permitted only with meals. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, er dinner). Appetizers such as popcorn, nachos. pretzels, potato skins, relish trays, etc. (hat or cold) are not meals. There shall be no separate bar use. However, a diming service bar is allowed to prepare beverages to be serves? with meals. ~hibi~ 3 12. LI4'E ENTERTAIN~~IENT- No live entertaitnmert is allowed. I3. T.AhE OUT SERVICE. Thee shall be no dedicated walk up counter. 14. DELIb'ERIES. Deli~~~eries shall be limited to the hours o= 9:00 a.m. to 7:00 p.tn. 15. OUTDOOR LIGHTING. Exterior lighting shell be kept to a minimum, and s'nall be down directed fixtures twat «-ill not reflect or encroach onto adjacent properties. NTO flood lights shat] be used finless it can be demonstrated that they are needed for safety or security. The lighting plan shall be revie~}~ec during building plar_ check. 16. T01~T1 ItiDE1vIi`IITY. Applicants are notified that To~~ Code Section 1.10.11 ~ requires that any applicant who receives a permit or entitle:n:ent from the TO~T_ shall defend, indemnify, and hold ha-•mless the Town and its of~tcials in any action brought by a third patty to overturn, set aside, or void the pernLt or entitlement. This requirement is a condition of approval o;' all such permits and entitlements whether or not expressly set forth in the approval. ~I{tll~li2g DIl'IS10iI 17. PERIt~IITS REQUIRED: A building permit shall be required for the alteration to the existing connmercial building. Separate permits are required for electrical, mechatnical, and plumbing work as necessary, 18. CONDITIONS OF APPROVAL.: Tlne Conditions of Approval must be blue-lined in fat: on the cover sheet of the construction plans. A Compliance Iv_cmorandum shall be prepared and submitted with the building permit application detailing bow the Conditions of Approval will be addressed. 14. SIZE OF PLANS: Four sets of construction plans, mt~.Yimum size 24" x 36°'. 20. TITLE 24 ENERGY COi\~1I'LL~INCE: California Title 24 Energy Compliance fours must be blue-lined on the plans itncludi_ig ligh~:ng compliance and mandatory measures. 21. 'TITLE 24 ACCESSIBILITY - CONI\~IERICAL: 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 uiclude, but not be limited to, accessibility to building entrances frorn parking facilities and sidewalks. 22. TI`CLE 24 - COIviivIERICAL: For any proposed tenant improvements, the building shall be upgraded to comply the latest California Title 24 Accessibility Standards. Necessar}~ i~~ork shall be first investigated by the desigtl architect a?id then confirned b}~ Town staff: 2 ~. TITLE 24 -RESTAURANT USE: Proper size grease trap shall be required fo:• any restaurant use. The following agencies will review the grease trap requirements before issuatnce of the building permit: a. West Valley Sanitation District (VGR~SD): (408) 373-2408 b. Envirotunental Health Department: (408) 585-4?00 c. Town Public Works Department: (408) 399-730 24. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section ~5 ~8} 25. APPROVALS REQUIRED: The project requires the following depart~ncnts and agencies approval before issuing a building permit: a. Conununity Developmcr_t -Planning Division: Jennifer Savage (408) 399-5702 b. Santa Clara County Fire Department: (408) 378-=1010 c. West Valley Sanitation District: 040`1) 373-2'107 d. County E.nvil•onrnentai Health Department: (408) 885-4200 26. ADVISORY COMMENTS for RETAIL'I'ENAN'1' Il`~IPROVEMT.NTS: a. Ii1 addition to all new work cornpl}ping with the Code for accessibility, ~vhcn existing Bui':dings are altered or remodeled they must be made accessib:c to persons ~i-iih physical disabilities ir_ accordance with the CBC Section I134B, "Accessiblity for Existing Buildings". Existing accessibility features and/or elements required to be accessible in order of priority include: (a) Accessible entrance with required signage and door hardware; (b) Accessible route to altered area (including par'1ci_ng space and path of travel from public «-ay and necessary signage); (c) :Accessible fitting or dressing rooms in compliance with CBC Sections 1117B.8 and 1133B.6.2. (d)Accessible Resri•ooms. b. Where the cost of alterations or remodeling is less than a tlueshold amount (currently at 8128,410.86) and the cost to pro~~ide all those features listed above is disproportionate to the improvement costs (i.e. mere than 20% of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule FotYn from the Town Permit Counter or download fiom the Town of Los Gatos website at wtivw.los~atosca.Qov and completely fill it out showirg all the required upgrades that will be provided and their costs. This form must be pernzanently affixed (i. e. blue-lined, sticky-backed) to the plans. TO THE SATFISFATION OF THE DIRECTOR OF P:ILRKS & PUBLIC ~~~ORKS: Engineet•ing Divisia~z 27. GENERAL. All pttbiic improvements shall be made according to the latest adopted To~~c-n Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-tivay shall be kept clear of all job related dirt and debris at the end of the day, llirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk analor the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required mait~tcnance at the developer's expense. 28. ENCROACHMENT PERMIT, All work in the public right-of--way will require a Construction Encroachment Permit. All work over $5,000 will require construction security, 24. PUBLIC WORILS L~ISPECTIONS. The developer or his representative shall notify the Enguteering Inspector at least tv4~enty-four (2=~) hours before starting any wor'_~c pertaini:•~g to on-site drainage facilities, grading or paving, and all work in the Town's right-of--way. Pailttre to do so will result in resection of work that went on without inspection. 30. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water :peters; off street valve boxes, hydrants, site lighting, electrical;'communication/cable boxes, transformers; and mail boxes. Above ground utilities shall be revie4ved a.td approved by Community Development prior to issuance of any permit. 31. SITE SUPERVIS101~T. The General Contractor shall provide qualified supen~ision on the job site at all times during conshttction. 32. SIDE~'VALK CLOSURE. Any proposed blockage or partial closure of the side;-all: requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be requtred. 33. PAItI{II~TG. Any proposed parking restrictions must be approved by LGP 34. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plate review at the Engineering Division of the Parks and Public Works Department. 3~. TNSPECTIOI~T FEES. Inspection fees sl?all be deposited with the Town prior to issuance of ah}r Pemmi° or recordation of the Final \~Iap. 36. DESIGN CHA\GE-S. The Applicant's registered Engineer shall notify the "I'o~~~n 1=.r_gineer, in writing, at least 72 hot:rs in arvance of all differences bet`veen the proposed work and the design indicated on the plans. Any proposed changes shall be sub;ect to the approval of die Totivn before altered work is started. Any a;~proved changes shall be incorporated into the final "as-built" draw~~lgs. 37. TRAFFIC IMPACT MI T IGATTON FEE (COi1T~tERC~I.) The developer shall pay a ee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. Tile fee shall be paid before the building permit is issued. "The ~"affic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $6,088. The final fee shal} be calcula'~ed from tl:e final plans using the rate schedule in effect at the time of `~}~e building permit application, using a trip generation rate based on Quality Restaurant use. 38, CONS"I'RUCTION STREET PAIZ_K1NG. No vehicle having a manufacturer's rated gross vclvclc weight exceeding ten thotsand (10,000) pounds shall be allowed to park on the portion of a street ti~-hich abuts property in a residential zone without prior approval from the Town Engineer (§ 15.0.070}. 3~. RESTORATION OF PUBLIC IIv1PROVEMENTS. The developer shall re--pair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings; etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engi_Zeering Constntction Inspector, and shall comply with all Title 24 Disabled Access provisions. De~~eloper shall request a,walk-tluough vvitl~ the F.,nginecring Construction Inspector before the start of construction to vet7fy existing conditions. 40. FET~'CI~tG. Atry fencing proposed within 200-fe:,t of an intersection shall comply with Town Code Section §23.10.080. 41. SAKI"1-ARY SEWER LATERAL. Sa~utary sewer laterals are to}evised by West Valley Sanitation District and approved by the Totivn of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at tl}e property line. 42. SANITARY SE~4%ER BACK~ti~ATER VALVE. Drainage piping serving fixhn•es «hich have flood level rims less than twelve (12) inches (304.8 t;nn} above tl;e elevation of the next upstream rlanllole and/or flushing inlet cover at the public or private sever system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above st:ch elevation shall not discharge through the badc~valer valve, unless first approved by the Administrative (Sec. 6.SO.C2~). `The `I'owa shall not incur any liabilit}' or responsibility for damage resulting from a se;~er ovcrflo~v ~ohcrc the property owner or othc;r person has failed to install a baclc~vater valve, as define:; section 103(c) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on t lictl:cr a '~ack~+vater de+;~i:;e i nc::ded shall be provided prior :o issuance of a building permit. 43. OUTDOOR TRASH Ei\tCLOSURES. Outdoor trash enelost:res shall be covcreel and area drains connected to the sanitary sewer system shall be provided. Temporary trash enclost:res are exempt fi•otn this condition. 44. GREASE TRAPS. i1~Ieet all requireLnents of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 45. CONSTRUCTION NOISE. Between the hours of 8:OG a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction; alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (8~} dBA at twenty-five (2s) feet. If the device is located within a structure on the propert}~, the measurement shall be made at distances as close to twenty-five (25} feet from the device as possible. The noise level at any point. outside of the property plane shall not exceed eighty-five (85} dBA. 46. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the coarse of constuction, Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The stoi~tig of goods and/or materials on the sidetivalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of- way shall be kept clear of all job related dirt and debris at the end of the day. Du•t and debris shall not be washed into Storln drais~tage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site dururg all working hours. failure to maintain the public light-of-«~ay according to this condition may result in the Tov~m performing the required maintenance at the developer's expense. 47. PERMIT ISSUANCE: Perrr~its for each phase; reclanlatioil; landscape, and grading, shall be issued simultaneously. TO THE SATISFACTION OF TIC CHIEF OF POLICE: 48. UNIFORIvIED SECURITY. Uniformed privately provided security guards maybe required in or around the premises by the Clue:f of Police if alcohol related problems recur tl<at are not resolved by the li;.ensed o~~=ner. 49. CONSLZTATION AND TRAII~TING. At the discretion of the Chief of Police, periodic- meetings will be conducted with representatives from the Police Departnent for on-going employee training on alcoholic beverage sen~ice to the general public. ~0. TRAINII\7G MANUAL. The restaurant operator shall use an employee training manual that addresses alcoholic beverage service consistent with t'.ie standards of the California Restaurant Association. SI. DESIGNATED DRIVER PROGRAM. The restaurant operator shall actively promote a designated driver prob am such as complimentary non-alcoholic be~~erages for designated drivers. 52. POSTL\'G OF'fA`YICAB TELEPIIOI~~E NUMBERS. Taxicab telep'~ot;e nut~bers shalt be posted ir. a visible location. V:\llGV1C0I~3DIT~?Sti2QIO!~3C303 3o~.doc GRDL~i~~CE 20"si i i ORDLN~NCE OF T?~ TOWN GF LOS GATOS ~~l2ENDL~iC CI?a~'ER 29 TO PROVIDE A MORE CC'~'RE~~,~TSIVE RE~r~.R' OF PDDTI'IONAL REST~U-RA'~'f liSE Lti Try' DO~~iTO~kiti ~~EA THE TOov-N COUy"CIL OF THE TO~v'N OF LOS GATOS DOES 0?tDA~t ~1S FOLLOWS: SECTION I The C-2 (Central Bi:siness Dis~ict Cer ~ro.ercial) zore of the Tower of Los Cra:os contains a mix of retail, restaurant, znd associates uses that sus~r in t?re economic vitality and historic ztmosphere oz %he area, and is an essential part of the commi:nity. However, too many restaurants concentrated in this one area would displace retail uses 'fat are vital to continued success and to having businesses that attract Town residents tl~sou;hoL't the day. This ordinance is intended to _SCOUrage u~1e d15~laces~e4t of r~.ail uses by restat::~~t uses `cy reT,:i_ring the lanni.-~a COII-~55Iv^n to .condnc[ a carefu_ re;ze~x of all appIicat; ~~ns for row res;auran~ ~zses in the C ~ zone ~'~rough tae public heating process. SECTION II Section 29.10.020 is amended to read as foLows: ***~* ' Bar means a drinking place ;;here alcoholic beve-ages and snac'.cs are serrec; possibly ;vial: entertainment such as music, tele~7sian screens; video games or pool tables. **_** ' Restaurant, fast food means a restaurant ,,x~;`h a urge cagy-out clieLtele, long hours of serrice, some open for brea~2st but all open for Iu.^ch and dinne_, and hid turnover rates for eat-in customers: Restaurant, high turnover (sit-dawn} meant a restaurant;;Zth ri~.over rates generally of less tin ore hour, is usua'~y moderately prced and uecLent'.y belauj to a restattiant chain, gerera'ly serre brea_~zct, bench and dinner, and are sometimes op en 24 hens a dz_, . ~**x* Restaurant, gaalty rears a resta~.~rz`rt .^,f hlg~- Q,~°_._~~ i~ a'1d P~ZtI]. tL^..O'; er r~teS i1S.ia:1,`,+ Ct ?: L:xhihit 4 least one bon or longer, generally do not serve brea>ia~t, ~~y not serge lunch, but always serve din:,er. xY*~t SECTION ~ Subsection {1 ~ of. Sedan 29.20.745 is amended to rzad as follows: (1~ - Detei~ine'ana issue zoning aparoval foi;ninor res.ailxaiits that are loca±ed outside Downtown [the C-2 zone]. SECTION IV Subsection (8} of Section 29.20.750 is amended to read as follows: (8) Determines cbnc~itionai use permit applications that are not assigned to the Developrn.ent RetiZew Co~iitee. SECTION V This ordin~ce was introduced at a regular meeting of the Tower Council of the Town of Los Gatos on August 5, ~9Gfi and adopted by the following vote as~ az ordinance of the Town bf Los Gafo~ at a iegular me~tnD of ti,e Town Council of the Taivn of Los Gatos cn September 15, 199b. This ordinance tales effect 30 days aL.er it is adopted. COC~iAICIL 1v~~iBERS; AYES: 7oanne 3enjamin, Steven Blanton, Linda Lubec, Patric? O'Laughi;n., Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGi~'~,D; ATTEST: ffr ~ _ J ~ r n~ UUU ~-u, ~ ~ CLERK OF THE TOWN OF LOS GATGS LOS GATGS, CALIFOR1v.A IviAYOR TO~v`i`i LOS GATGS LOS GATGS, CALLFOP4~lIA ~~~ RESOLLTIO~' 2001 -106 RESQLUTIO~t OF THE TOV4fir COt,?1CII, OF THE TO~V`N OF LOS GATOS A_tilEi~`DL'~TG THIi; TO~Yi~'S ALCOHOLIC BEti~R4GE POLICY ~V~3ERE~~S; the sale ofalcoholic beverages, if not reglilafed; can jegpardize public safety:, resu'_t in an increase of calls for ponce services and compromise t;Ze qualii<y of ~e faz Town zesidents; and `SF'HERE~,S, The Town Council wants to ba ancc the ,xegulaton of alcoholic beverage service and protecfiion of residential neighborhoods with the goat of maintaining a ~=ibrant and successi~l Dowiit©v~n and commercial areas thronghoirt Los Gatos; and !WHEREAS, tae To~tn Council 'geld a study session on .Iizly 2, 2001 tc discuss issues ieta'ung to service of alcoholic beverages;. and R~.REAS, the Town Co~,uicil has indicated a desire to review all applications for new alcahot service ar change in e:~isting service; and a need to arcend the cxisjung .Alcoh.ol Policy, THEREFORE BE IT RESOL=ED: the Town Cou~cit of the ~O~'N Ol" LOS G.4TOS does hereb}° adopt the amended A'_coapli c Beverage Policy attached hereto as E~bit A. Exhibit 5 :*~~ PASSED A?VZ? ADO?TED at a regularmeeting o~ the Town Council held on the 17" day of September, 2001, by the following vote: COUNCIL. ~LcMBEiZS: AYES: Randy Attaway, Steti~en Blanton, Sandy Det;ker, Steve Glickmanx 11~iayor Jae Firz~,rn~ta. NAYS.: i`tone ABSENT: None fiBSTAIN: None ~ ~ ~ . SIGNED; ~- . ~ ir~YOR 1 TOE 4F LQS GATOS L~:S GA.TOS, CAI,IF'OR.VIA AT~'EST: _ . . _- ~ CLERK OF' THE TO~r I OF LOS GATOS LOS G~~'OS; CALffORTt ;. . r ~ 7 7 POLICY REGULAT'L~ G 'THE CONSL"~1PTI01~ AND SERVICE OF ALCOHOLIC BEVER~GE5 I. Purpose The consumptiea or service of alcoholic beverages, if not r egulated, can jeopardize public safety, result in an increase of cats for police services and compromise the quality of life for Town residents. This-policy provide$ parameters fcr alcoholic beverage service, paracularIy addressing late night service wliea alcohol telatea incidents are most likely to accui and when the disturbances to Town residents is Ieasttolerable. The service of alcoholic beverages,. with or Rzt:7out tneals, past 10 PM is a discretionary privilege to be determined on a case by case oasis. The following pro~zsions are intended to balance Elie protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial centersin which restaurants:have an essential role, Hours of opera#ian may be regulated based o^ an establishment's proximity to residential neighborhoods or schools, the cono`ntration of establishments in an area set-vin+g. alcoholic beverages or for other reasons that may arise at the public hearing. The deciding body may approve a~conditionaluse permit to ser4:e alcoholic beverages based on the merits of the application and subject to the folIo~ving requirements: IL General policy 1. The Town shall continue to strongly discourage new applicationsfor stand alone bars or restaurants with separate-bars. 2. The Town shall continue to discourage applications far entertainment establishments serving alcoholic beverages. 3. Entertainment in association with an eating or drinlrng establishment may be allowed if standards and a perrriit process are adopted. 4: Alcoholic beverage service for ne:v conditional use permit applications or applications for modification of a.conditional use permit. shall not be allowed: A_ after 11 Phf Sunday through Thursday, except for holidays and evenings before holidays. B. A$er 1 A1~1 Fzday, Saturday, holidays or evenngs before holidays. An existing establishment ~~r~th a conditional use permit iri good standing allowed to serve alcoholic beveragespast the hours stated above may continue to operate under they existing ho~us of operation. 1 _ ~~b~t A Town of Los Gates Alcoholic Beverage Policy Page 2 of 4 3. Any establishment serving alcoholic beverages stall be subject. to the following: A. I:niformed privately provided security guards maybe required in or around the premises hythe Chief of~'olice if alcohol rotated problems recur t}iat are 'not resolved by the licensed owner. B. At the discreiion of the ChiefofPolice, periodic meetings wi71 be conducted with representatives from the Police ]3epartment for on-going employee training on alcoholic lie~erage ser~~ice to the gerieratpublic. , C. All establishments shaII use an Qmployee training tnanuaY that addresses alcohalie beverage service consistent with. the standards of the Califortvan restaurant Associafion. D;. All [icensed operators shall' have and shall- actively promgte a. designated drivers. 5. E: Taxicab teieghone numbers shall be posted in. a visible location. for conditional use permittto serve alcoholic beverages past 1t?P~: ` A:, bate .night secYice will not adversely "impact adjacent residential -'IIe1~lIbOTl1a0C5. B, The applicant does not bave.a history of complaints and'non-cot:~pliance with Iocal ordinances or the ~Icoholic Beverage Policy. _ C. The applicant has demonstrated a clear benefit to the- community. A meat is defined as a combination offood items selected from a menu (breakfast, lunch or dinner}. appetizers such as popcorn,. nachos, tiretzels, poiato skins, relish trays, etc. (hot or cold) are not meals. Aicahalic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town lvianager. The separation slialI clearly suggest that alcohol is-not allowed auiside t:te restaura~zt seating area. 1 Tox•~r of Los Gatos Alcolwlic Beverage Policy Page 3 of 4 iII. Specific Policy 1. Restaurants: Alcoholic beverages may only be served with meals. 2. restaurants Wr±h Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service: I~feal service shall be available until closing or 11 Pl~i Sunday through Thursday and until IZ midnight Friday, Saturday, holidays and evenings before holidays; whichever is earlier, if laic night bar service is available. Specific hours of -operation for each establishment are detera~in.ed upon issuance of a conditional use permit. I~%. ReF2e~v Process I. Proposals for new bars or restaurants. with bats -.and a',l requests for new alcohol service or a change to ~~isting ser~zce shall be re~rievvecl by the planning Commission. The- Commission will make a recommendation to the Town Council and the Coutrcil shall Dave final review authority. Z. Changes in ow-dership for businesses involving service of alcoholic beverages shall be re~•iewed by the Community Development Department. Tl.ie follovring process ~azll be followed: a. Tl;e Director of Community Development shall contact the ne~~c business owner to-make them aware of the conditions of approval attached to the Use Permit for the location. b. One year following issuannce of a business license, surroundingrmpacted property owners shall be notified and an}' comments regarding the operation. of the business shall be solicited. c. If ;>te Director of Community Development becomes aware of any alcohol related impacts on the surrounding neiahberhood, the Director shall review t1,e operation oi'the business to determine w:~etser there is 3 ~ZOatiori of she use permit, Fawn of dos Gatos Rlcbholic Beverage Policy Page. 4 of 4 . d. I~ there are vio(ations bf the use permit "that have not 6eev vo(vntarily ' corrected by the business o~kner the matterv~rii he forwarded to the Planning. Comrussion for pablic hearing pursuant to Section 2~3?0.31Q of the Zontng • Ordinance, •e. Ptirsu.ant to Section 2920.315 of the honing ordinance the Plarning Commission.may revoke or modify the conditional: use permit if it Finds that su?'~icent grounds east. IV. Enforcement ~ , :All conditional use perinit5 issued to establishments for` alcoholic bevera¢e service on-site -shall be subject to Section 29.30,3100 ofthe Town Code authorizing the Town Manager fo take. enforcement action_ifit is determined'that the saie of alcohol.has become a nuisance to the Town's public health2 safety or welfare. Enforcement of section 29.20.31.0(b) q£-the 'Town Code will bebased- onz but not limited #o; the follou~ng factors.. I.. -The number and types of calls for service at or near the establishment ro~ich That are a direct result of patror>s actions; II. The number of ¢omplaints received from residents ad other citizens eoncerniiig the operation of an establishment; ~, f ~:. The number of arrests for alcohol,.ttnig, dssturbing the peace, fighting and public nuisance violations associated with an. establishment; IV, The cumber and -kinds of complaints received from the State ~lcaholic-Beverage Control office and the County Health Department;: V. ~iolatian of conditions of approval related.to alcoholic beverage service.. The Alcoholic Bevecaae Policy is not to be construed to be a right of development. The Town retains the. right of re~~iew and approval (or denial) of each project based on its merits, ;1C,~[AAhT'E.Cacxi"[~Stco*a1 Yo1ri~1u0le~:ho1 yc~rr.~! RESOLL~'IG?ti 199473 RESOLL~O:~? OF TNT TOV~'~T COLt'_vCIL OF THE TO~~'N CF LOS G ATOS ADO~~i G ST.4~IDAF,DS FOR OUTDOOR RESTAL`R,4'~ ~ SEATLVG WHEREAS, outdoor resta•.~rant seat;~+g can 'Ge an enjoyable experience, the arder!y placenent and aes`:Letics n'~st :;e regilated to protect the public hear:, safety ~;d we~~~e. RESOLVED: Exh~~bit A; the Standards ter Outdoor Restar::atit Seatng area ap:°d. PASSED A~V"D ADOPTED at 2 regular meeting o~ the Town CoLncil helc cn the 6:h day of Tune, 1994, by the foiawi:..g vote: COUiw'CIL MEMBERS: . AYES: Joie Benja"fin- St°ven Blanen, Li^_da LLbeck, Pas-ic4; O'La~~~ •~ ~, Mavor Randy Attaway NAYS: None ABSENT: None . ABST.ATN: None SIGNED; /s/ Randy A:taway MAYOR OF THE TOW'iv' OF LCS GATOS _ LCS GATOS, CALIFOR~Z.A ATTEST: /s/ Marian V. Cosgrove CLERK OF TPIE TO'W:N OF LOS G.4TOS LOS GATOS, CALII~CRI~'IA s}s33'~z:'`r-so ~ou[dct~zs~d Exhibit G STAt3DARDS FOR OUTDOOR RESTAURANT SEATihIG 1. Outdoor seaming is prohibited on public property. Outdoor seatirc may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design aad plant material should compliment the desio of the building and prevent passing or carrying alcoholic beverages outside the restaurant seat-~-rg area. Plant material shall be alive. When alcoholic beverages are permitted in outdoor seating areas tzat are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seatir_g area. 4. For outdoor seating areas i~riediately adjacent to the public right-of-way, a hold harmless a~eement shall he recorded re'_eas~g the Town from any liabLliy related to the au;door seating. 5. When alcoholic beverage service is pern-iit=ed outside, a restaurant employee s~all seat patrons. sy-82`~a:~,misc~eutd oorstd Tlris Page Ii1re11tl0llalj)' Leff BIC111~i r Cf~ ~C cy~sr~ ~ ~ ~ ~ ~.~~ :~~ ~ ~ -~~ ~~ 0 "off Pal ~ .~ ~ , ~ , ~ '91i, ,_ ` ~' ~ ~ ~~ ~ ~ ~ p - Pei G~~ / ; ~~c~ ~ ~ . ~ - C~~!c ~ ~ ~, . .. - ~~ , %q~ G N S _~~ '~ ~.~ . ~' ~~S ~;J= 0 . .N Y q~._ ~-, , 5~;~ m_ ,,~~ ~ ~~ _ R°~ _ ~ sT. `~~~. = qp~ ~ _. _ •-. . ~. 0 `~~' ~J . ~5 ~~~~ ~`~ ~ ~Wv `~~ '• ~~.~?~q~ . ~~J~~~ MILLS ST ~~ o~ ~ T CH ~. ~~ ~ Qe•• ~N1R1 P~ Q~ W • ,. N Sr Q ~~ W Q o ~ ~~ ~ .lti ~~ a EAN ^ ~,r, . .P Z S~ a z ~~~ , ° ~ ; . , .. Town of Los Gatos - Restaurant Concentration - in the = C-2 Zoning District oF. Legend .' a C-2 Zoning District Boundary ~~ RestaurantslBars Denoted byA((owed Food and Beverage Service`; G o Food Service Only o Beer and Wine w/Food Service o Full Alcohol wlFood Service °~ Full Alcohol wlout Food Service 'Establishments may different restrictions in certain areas within the estobltshments. See each Conditionoi Use Permit for particular resbictions. `l~ rY° ,~_ _ ~... ~ ~~~~ ~' : S STS, ~ ~p5 ,~S'T., P ~ 810°kiY~ ~ ~ __ o~~ \~~~~ ~V~ G~ ~, QP~ Q~ ~ Q ~ ~~~ ~0 _ E-MAIN ST ~ 'A~ ~'Y,~ s~"-0f ~ 0 C~, ~~~-~PF~~ Z °2 GQ'GS~ rn ~,~d~c ~ THIS P.~1GE [1TE\TIO\.~LLI~ LEFT $L~~I: May 25, 2010 Town of Los Gatos Planning Department 110 East Main Street Los Gatos, CA 95031 Re: Modification of Conditional Use Permit for the Expansion of Restaurant James Randall Restaurant James Randall is an existing restaurant in town, located at 303 North Santa Cruz Avenue. Restaurant James Randall is a family owner and operated American Bistro featuring a well-prepared, organic menu highlighting the freshest of local ingredients. The restaurant has received many accolades, including naming Ross Hanson as a Rising Star Chef by Gentry Magazine as well as the 2010 Diner's Choice winner by Opentable.com. WHAT WE ARE REQUESTING: The space next to the existing restaurant (305 N. Santa Cruz AveJ has become vacant due to the retail tenant relocating to another location in Town. Restaurant James Randall is requesting a modification to their existing CUP to allow them to expand the restaurant into this neighboring space which was previously used as retail. In addition to expanding the restaurant, we are asking to include a full liquor license for a small bar area. HOW WILL THE NEW SPACE BE USED: The primary goal of expanding the restaurant is to create a proper reception and a living room style waiting area with couches and comfortable chairs for customers to use while waiting for their tables. The current restaurant does not have any sitting areas for people to wait for the next available tables. We are creating a new small bar area that is adjacent to the waiting area. This will be a dinner service bar only. This will allow the restaurant greater flexibility in providing a full service fine dining experience. The new area will also increase the dining seating capacity. Because the existing dining area is so intimate, it is difficult for larger parties to enjoy the restaurant without the feeling of them taking the place over. -n. t~~ Page 2 of 4 This proposed expansion will create a separate dining area which will allow for more flexibility in accommodating larger gatherings, will bring the restaurant more in line with the other fine dining restaurants in Town in their ability to provide a memorable dining experience, and will still maintain the quaint character and quality that Restaurant James Randall is known for. Additionally, the increased seating will provide Restaurant James Randall the ability to be open for lunch, which is currently a hardship due to their current space constraints. The new space will also include office, storage and staff serving areas, which are very limited in the existing restaurant. As a side component to the expansion, Restaurant James Randall will be including a retail component which will include the sale of gourmet items that are related to the branding and marketing of Executive Chef Ross Hanson and the restaurant. Items proposed include a P,estaurant James Randall cookbook, spice rubs, dipping sauces, and similar items that are on the menu and have been requested by their guests. A small display area will be created at the dining service bar adjacent to the waiting area, but will primarily be sold tableside to guests eating at the restaurant. RESTAURANT SEATING CAPACITY The existing restaurant has a dining room with a seating capacity of 24. This capacity will be decreased due to the new archway connecting the two spaces, but with the proposed new dining area, the seating capacity of the restaurant will be increased by 10, bringing the total restaurant seating up to 34. The current outdoor sidewalk seating shall remain and it is not anticipated that the number of sidewalk tables will be increased. This is seasonal seating from May to September. Currently there are 8 seats at the sidewalk dining area. When the sidewalk seating is being used, the number of tables available inside the dining room is reduced, keeping the maximum seating capacity at 34. HOURS OF OPERATION The current CUP for the restaurant allows for it to be open from 7:30am to 10:OOpm, seven days a week. This shall remain unchanged. PARKING There is no on-site parking associated with either 303 or 305 North Santa Cruz Avenue. All parking is public street parking. Page 3 of 4 SIGNAGE The existing hanging monument sign shall be relocated to be adjacent to the entry door at 305 North Santa Cruz Avenue. ACCESIBILITY Both building spaces are not fully accessible due to multiple steps at the front entry of the buildings. Since full compliance would be a hardship to the Owner in respect to construction costs, we are proposing through the town's 20% Accessibility Rule to make the interior renovations to bring the bathroom facilities up to full compliance as part of the scope for this project. We acknowledge that this does not gain the building a fully accessible front street entrance, but the work required to achieve this pushes the construction cost well beyond what is proposed for this work scope. The existing restaurant does have a rear door that is accessible from the back public alley and this entrance shall remain available to customers. ARCHITECTURAL CHARACTER The exterior of 305 North Santa Cruz Avenue will be painted to match the color of the existing restaurant. There are no proposed modifications to the architectural character of the building to change it from its current design. Interior work will include the installation of new archway to connect the two spaces, the modification of the existing bathroom to create a fully accessible bathroom, and new interior finishes that will include paint and flooring. The goal of the new space is to match the character and quality of the existing restaurant. LOSS OF RETAIL SPACE Although we acknowledge that this expansion is depleting the available retail space in downtown, we believe that it is critical in helping the success of an existing Los Gatos merchant. This restaurant has retail spaces on both sides, allowing for the flow of the streetscape experience for visitors and shoppers walking the town to remain positive and engaging. We believe that the critical balance of retail to restaurant use is maintained because within the block that Restaurant James Randall is located, James Randall is the only restaurant, leaving the majority to retail and banking. Page 4 of 4 SUMMARY Since they opened 5 years ago, Restaurant James Randall has been a model business in Las Gatos. The Owner is extremely active and supportive of Los Gatos activities and events and takes pride of ownership with maintaining the aesthetics of the building and the streetscape in front of the restaurant. Additionally, Restaurant James Randall is a good neighbor to the surrounding retail spaces with no noise complaints or incidents that require use of town services. This expansion allows Restaurant James Randall to create a much needed draw to the "quieter" end of North Santa Cruz Avenue. And by having an award winning restaurant with lively sidewalk seating at the entrance of our downtown, we are creating a welcoming experience to visitors and the residents of our community. If you have any questions on the proposed use modification, please do not hesitate to contact me. 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Savage. associate Planner isavage~alosgatosca.gov APPLICATION \O: Conditional Use Permit Application U-10-009 LOCATION: 303-305 ~. Santa Cruz Avenue (west side of\. Santa Cruz Avenue, approximately 600 feet south of Los Gatos-Saratoga Road) y APPLICA~iT: PROPERTY 0`~~ER: COtiTACTPERSO Brenda Hammond Bert Llillen Brenda Hammond APPLICATION SUMMARY: Requesting approval to expand an existing restaurant (James Randall Restaurant) to increase the number of seats, to modifi~ the hours of operation, and to allow full alcoholic beverage service on property zoned C-2. APN X10-14-048. EXHIBITS: 1-9. Previously receivecT. 10. Public Comments (eight pages), received July 13 and 14, ?010. REM_~RKS: After the staff report was circulated. the Town received six public comir~ents (Exhibit 10) -five in support of the project; one against. - ;~ ~~~~ P e ared by ~ ' Jennifer L. Savage, AICP, ACGBP Associate Plaiu~er ~t"RR:JS:c~ N: DE~r'REPORTS_010`_ti~C303 des}azem.doc i ~.~~, ~"~~.9, ~:N Approved by:~ \ `. ~G'endie R• Rooney Director of Community Development Attachment 5 This Prra e Irttentionalh~ Left Bla~tlc Jennifer Savage To: Planning ,ubject: RE: In Support of Restaurant James Randall's Expansion (CUP U-10-009) From: Mary Lindsay, Muns Vineyard [mailto;mary@munsvineyard.com] Sent: Tuesday, July 13, 2010 9:32 AM To: Planning Subject: In Support of Restaurant James Randall's Expansion (CUP U-10-009) To the Los Gatos Plaluung Commission: I am writing in support of the application from Brenda Hammond to expand her restaurant at 303 N. Santa Cruz Ave., Restaurant James Randall. Not only will the restaurant benefit from this expansion, but I believe the town as a whole will benefit as well. Restaurant James Randall gives Los Gatos a wonderful dining experience. It is «-arrn, friendly, inviting -and the food is fantastic! It is also small. In this case. I think more of a good thing will be better. Part of its charm is in being warm and intimate, but adding another dozen seats (per the application) is not going to change this ambience. It will only enable more people to enjoy it on any given night. It will also allow the restaurant to do and give better business. As well, I believe this is an excellent and beneficial use of the space next door to the restaurant; which is currently empty. Brenda Hammond has been a very strong supporter of the town and civic activities, and she romotes a vitality that, with a little more space, will further enhance this part of N. Santa Cruz Ave. I believe tive would all benefit by a little more of Restaurant James Randall. Thank you. ivlary Lindsay i~7uns Vineyard ?600 Loma Prieta Ave., Los Gatos PO Box 1877. Los Gatos 9031 408-?34-2079 303 - 305 N. Santa Cruz Avenue. Conditional Use Permit U-10-009. Requesting approval to expand an existing restaurant (James Randall Restaurant) to increase the number of seats, to modify the hours of operation, and to allow full alcoholic beverage service on property zoned C- 2. APN 510-14-048. PROPERTY OWNER: Bert Millen. APPLICANT: Brenda Hammond. PROJECT PLANNER: Jennifer Savage. EXIIIBIT 10 Jennifer Savage From: Kathleen King <kk2king@comcast.net> Sent: Tuesday, July 13, 2010 10:51 PM To: Jennifer Savage Subject: James Randall Restaurant Dear Jennifer, I would like to request that James Randall Restaurant be allowed to expand. This is a good location for a restaurant and it attracts many out of town people to Los Gatos even a few of us from Saratoga. It is a wonderful restaurant and it has many loyal customers. I understand the need for retail but a mixture of retail and restaurants attract additional patrons to a town. James Randall Restaurant encourages this. Thank you for your consideration, Kathleen King Mayor of Saratoga July 14, ? 010 Plarmin~ Commission Members. I recently heard what I would describe as Qood news! The expansion plans of Restaurant James Randall. While the chain-rich and traffic-heavy southern end of Santa Cruz Ave is busy and generates lots of interest for the visitor to Los Gatos. The northern end of Santa Cruz is my favorite; it embraces the independent and unique part of Los Gatos. As a local resident, I can think of nothing better than to allow one of our favorite restaurants and business owners to produce more of a good thing. Now that would be GREAT news. Because, after all, it is the unique that brims the folks from all over to Los Gatos, otherwise they could go to the Mall. y Please lend your support to this endevor. Thanks, Nancy `White 59 Ellenwood Ave Los Gatos, CA 9030 ~~~~~~~® ``"- ~ Q 2010 TG~'N PLA~'rVOn G ~S/tSIONS July I ~ tr. ~ 010 ~ _ . ~ TowN of P~ANNIIVG oS ~ATpS To `~~hom It May Concern: DIVISION Recently C.B. Hannegan's recei~-ed a public hearing notice concerning the expansion of use and the addition of a full alcoholic beverage service right next door to C.B. Hannegan's. C.B. Hanne~an's is against this modification at this time until ~~-e ~.. v understand the full ramification of the expanded use. We do agree that Ross Hanson is a rising star chef and wish him the best. Due to the economic climate and the cost of rent there are vacancies on both sides of the existing restaurant. Why not take both? Maybe C.B. Hannegan's should expand as well. By our many phone calls and inquiries we also are in need of a banquet room for large-scale parties. Many other restaurants feel the need to expand. There are also mangy- restaurants for sale due to the economic climate. I am not sure the to`vn wants to make it a restaurant ro«-. In terms of the general plan goal (5-2) to maintain and encourage a retail use ~~-e think is more appropriate. As a neighboring business adjacent to James Randall, C.B. Hanne~an's has a number of concerns for the landlord and the To«-n of Los Gatos. `~Te «-ould like to address some of those concerns: 1. Health and sanitation - C.B. Hanne~an's and James Randall V no«- share cleaning and garbage areas. It has already been a financial burden. Due to ~~'est Valley sanitation la«-s, C.B. Hannegan's has had to upgrade its current sanitation procedures, ~~-hich James Randal now uses. Will this increase or is a new s~~stem to be put in place. Are the restrooms being upgraded to include handicap access or «-ill they- be using C.B. Hannegan's. `Ve already- have a large plumbing problem. The 20°'o rule I think should be discussed. 2. Parking -Will this increase the competition for nighttime parking? I understand the imaginary parking allotment system that business owners have bought into, but there simply is a problem. If this was not the case, the Almond Grove parking policy at night would not be needed. A number of already existing restaurants compete for what little parking there is. A retail use during the day is more beneficial to the surrounding businesses. That is what was there before and should be again. Tassel's was a wonderful neighbor. That type of retail use is more consistent for the neighborhood and general plan. 3. Hours of operation -Restaurant James Randall cu1-rently has the ability to open for breakfast and lunch. We do compete in an already hard market to make ends meet. By already expanding the outside seating there has been an increase in use. We do not agree that this is the quieter end of Santa Cruz Avenue. The development of Double D's, Chicago Steak House, Cin Cin, Manresa, Pedro's, Forbes Mill, etc. along with C.B. Hannegan's is sufficient. We do need unique and interesting retail spaces to compliment what already exists. 4. Adding a full alcoholic beverage license - We understand the Town of Los Gatos does desire to have outside cafes. But to what extent and how far are we willing to go? In evening hours w-e now- collect glasses coming in, as well as trying to keep them from going out. Our security costs are high. Are cafes like James Randall going to initiate such a security program or is it an additional item C.B. Hannegan's may have to take into consideration. We agree with the police department recommendation of 11:00 p.m. and a new barrier system to contain the flow of cocktails to the sidewalk. C.B. Hannegan's is against this expansion at this time until ~~~e understand the fiill ramifications of the expanded use. Will the bathroom modifications include handicap access? Will this include a cleaning area in the back, or will ~~~e still be using it jointly? Is there an`- additional garbage pick-up? With the increase of alcohol, ho~~~ «-i11 it be controlled? `~rhere are the~~ going to park? ~~'e understand that times are continually changing. It has been explained to us that these expansions and changes are on a case by case basis. `Vi'e ~~-ish James Randall ~~rell and hope they are the largest restaurant in to«n and increase their space tenfold. Just not at this location. Thank y-ou for -our time, / ~ / 'L~' ~1!' ~~ Jc~~ Bohn 3'. Hann Bari, Co-Owner C.B. Hanne~an's ~.. July 12, ? o l o Town of Los Gatos RE: Restaurant James Randall (RJR) Expansion Dear Council Llembers, ~~~~~_ ~ 4 2010 TOWN OF LOS GATOS PLANNING DIVISION I work and patronize the downtown area on a daily basis. I feel RJR expanding into the now vacant Tassels space would be a delightful addition to the east end of town. RJR has proven to be a well-run, reputable restaurant of impeccable quality and service. It is driven by a savtiy &;. diligent mother and son team of unique entrepreneurial vision. This expansion would allow them to enhance on their already wonderful achievements. This town has many wonderful restaurants of worthy patronage, such as CinCin, C.B. Hannegan's, L.G. Brewery, Steamer's, to name a few. There are plenty of people to go around so this, in my opinion, should not be the sole factor in your decision. Tlus expansion is but a small cog in the Toy;en's restaurant wheel. Simply put, I am one person who'd like to be heard as a SL`PPORTER of the expansion of RESTAL~4~T JAtiIES R4'~~D aLL. They are great and I ~z-ant more of them. Thank you in advance. Toni Zicovich Zicovich Builders. Inc. ~~~~~~~~ JUL ? 4 2Q10 Dear Commuivty ylembers, - TOV':~N OP LOS GATOS PLANh'iN . ~~I+~'SION I am one of the luck- people to work ~;•ith the Restaurant James Randall team. ~am~~ Randall is more than just a «~ork place. but instead a family of co-workers that I can count on to provide a positive «ork enviroiunent. I really feel that I have found a unique place to be a part of eyei~~ time I come to «•ork. Additionally, I believe this unique enviromment is transmitted to our customers. The RJR team takes pride in proyidiny~ a place not where people just come to eat, but a place «•here people are invited to ha~~e a dining experience «~hile they are ~z•ith us. Beim that Los Gatos is such aclose-knit conununity it would be my understanding that we, as community members. would fully embrace being able to expand such a delightful place to be. If you are not already aware, Restaurant James Randall is also sustainable. `Vi'e gro« our o~; n herbs, use fresh flo«•ers from our garden and take every step possible to recycle. `~'e support the local fanners, fisherman and wineries. In a time `where this movement is becoming more and more of a priority to people, I personally want to offer support for its continuation and expansion. Lastly, Ross Hanson (Executive Chef and Owner) has clearly found «•hat he loves to do. You can taste it in the food. And, that is exactly what I tell every- customer who rages about how wonderful his'her meal ~s~as. Brenda Hammond (Owner) does a fantastic job of not only welcoming each guest «-ho comes to dine with us, but also making sure we uphold the fine dining environment the community should expect fi-om us. Clearly I am in support of the expansion. It is my desire that you, too, will also support the gro«-th of something special. If you have not already enjoyed a dining experience «~ith us, please take the time to crnne in and join us for an evening. 5incerelti . Erin Hartnett Restaurant lames Randall