Attachment 1TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 04/26/2017
ITEM NO: 3
DATE: APRIL 21, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-17-001. PROJECT LOCATION:
681 BLOSSOM HILL ROAD, SUITE 100. PROPERTY OWNER: LINDA LESTER
TRUST. APPLICANT: LING HULLON.
CONSIDER A REQUEST FOR APPROVAL OF A MODIFICATION OF AN
EXISTING CONDITIONAL USE PERMIT (FIRENZA PIZZA) TO ALLOW ON -SITE
BEER AND WINE SERVICE ON PROPERTY ZONED CH:PD. APN 529-65-028.
DEEMED COMPLETE: MARCH 29, 2017
FINAL DATE TO TAKE ACTION: SEPTEMBER, 29 2017
RECOMMENDATION:
Forward a recommendation to Town Council for approval of the Conditional Use Permit (CUP)
application.
PROJECT DATA:
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Surrounding Area:
Mixed Use Commercial
Restricted Highway Commercial: Planned Development, CH:PD
General Plan
48,193 square feet
Existing Land Use
General Plan
Zoning
North
Commercial
Mixed Use Commercial
CH:PD
East
Commercial
Mixed Use Commercial
C-1
South
Commercial
Mixed Use Commercial
CH
West
Residential
Mixed Use Commercial
CH:PD
PREPARED BY:
LEVI HILL
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 • 408-354-6874
www.losgatosca.gov
ATTACHMENT 1
PAGE 2 OF 7
SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
effect on the environment will occur since the project uses an existing structure with no
increase in floor area.
FINDINGS:
■ As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
■ As required by Section 29.20.190 of the Town Code for granting a CUP.
ACTION:
Forward CUP U-17-001 to the Town Council with a recommendation of approval.
BACKGROUND:
The subject site is located on the north side of Blossom Hill. On June 20, 2011, the Town
Council adopted Ordinance 2197 which changed the zoning of the project site from CH to
CH:PD. On March 11, 2015, the Planning Commission approved a CUP (U-14-022) to allow a
new restaurant use (Pizza Studio) in the project space (Exhibit 4).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at 681 Blossom Hill Road, on the north side of Blossom Hill Road
between Los Gatos Boulevard and Farnham Lane (Exhibit 1). The adjacent properties to the
north are developed with commercial buildings and are zoned CH:PD while the adjacent
properties to the south are developed with commercial buildings and are zoned CH. The
adjacent properties to the east are developed with commercial buildings and are zoned C-1
while the adjacent properties to the west are developed with residential buildings and are
zoned CH:PD.
B. Conditional Use Permit
The applicant is requesting the following modifications:
Removal of the condition which restricts alcohol sales and service;
Addition of a condition which allows on -site beer and wine service.
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PAGE 3 OF 7
SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
When reviewing a CUP, the deciding body should consider the information in the applicant's
business plan; however, the key consideration should be the explicit proposed use since the
business plan can change from owner to owner. The explicit use may be, and is often,
defined in the recommended conditions of approval as a "use" condition. The CUP runs
with the land, and the deciding body should review applications based on the explicit use as
opposed to the applicant or the applicant's business plan.
C. Zoning Compliance
The zoning for the property is CH:PD (Restricted Highway Commercial, Planned
Development). Pursuant to the Table of Conditional Uses (Town Code Sec. 29.20.185), a
restaurant use is allowed with a CUP in the CH:PD zone.
DISCUSSION:
A. Project Summary
The applicant is requesting a modification to the existing CUP, which currently prohibits the
service of alcohol. The applicant is proposing the service of beer and wine with the
purchase of a qualified meal pursuant to the Town's Alcoholic Beverage Policy. The
applicant has provided a project description (Exhibit 5) and additional operational
information (Exhibit 6) detailing the proposed operations and compliance with the Town's
Alcoholic Beverage Policy (Exhibit 8). All beer and wine sales and service would cease by
9:00 p.m.
B. Alcoholic Beverage Policy
The Town's 2001 Alcoholic Beverage Policy (ABP) requires any new service of alcoholic
beverages to be reviewed by Planning Commission (Exhibit 8). Pursuant to Town Code, the
Planning Commission will make a recommendation to the Town Council and the Council has
final review authority. The proposed application meets the purpose, general policies, and
specific policies of the Town's ABP.
General Policy
The ABP's General Policy contains eight requirements. Requirement 1 states "the Town
shall continue to strongly discourage new applications for standalone bars or restaurants
with separate bars." The proposed use is an existing restaurant and does not include a
separate bar where beer and wine could be served without a meal.
Requirement 2 states "the Town shall continue to discourage applications for
entertainment establishments serving alcoholic beverages." Furthermore, requirement 3
states "Entertainment in association with an eating or drinking establishment may be
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SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
allowed if standards and a permit process are adopted." The applicant is not proposing
entertainment, however, the existing conditions of approval allows live entertainment prior
to 10:00 p.m., in compliance with the Late Night Entertainment Policy.
Requirement 4 states "alcoholic beverage service for new conditional use permit
applications or applications for modification of a conditional use permit shall not be allowed
after 11:00 p.m., Sunday through Thursday, except for holidays and evenings before
holidays or after 1:00 a.m., Friday, Saturday, holidays, or evenings before holidays." The
applicant is not proposing beer and wine sales or service beyond 9:00 p.m.; therefore,
requirement 4 is not applicable.
Requirement 5 states "an establishment serving alcoholic beverages is subject to following
five provisions related to alcohol service:
1. Uniformed privately provided security guards may be required in or around the
premises by the Chief of Police if alcohol related problems recur that are not resolved by
the licensed owner.
2. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on -going employee training on alcoholic
beverage service to the general public.
3. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant Association.
4. All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages for designated drivers.
5. Taxicab telephone numbers shall be posted in a visible location."
The five provisions are included as conditions of approval.
Requirement 6 requires the deciding body to make additional findings "prior to approving
an application for a conditional use permit to serve alcoholic beverages past 10:00 p.m."
The applicant is not proposing beer and wine sales or service beyond 9:00 p.m., therefore,
requirement 6 is not applicable.
Requirement 7 defines a meal as "a combination of food items selected from a menu.
Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. are not meals."
The applicant is proposing that patrons who wish to purchase beer and wine will be
required to also purchase a qualified meal. The applicant has provided an operational
description specifying that the purchase of a qualified meal will be required of any patron
wishing to purchase beer or wine (Exhibit 6).
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SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
Requirement 8 states "Alcoholic beverage service in approved outdoor seating areas may
be permitted if adequate separation from public areas is provided." The existing restaurant
use does not provide any outdoor seating and none is proposed, therefore requirement 8 is
not applicable.
Specific Policy
The ABP's Specific Policy states "alcoholic beverages may only be served with meals" at
restaurants without separate bars. The applicant is proposing that patrons who wish to
purchase beer and wine will be required to also purchase a qualified meal as specified in the
operational description (Exhibit 3, Condition 6).
C. Parking and Traffic
The applicant is not proposing additional square footage or seating at the existing
restaurant, therefore no parking or traffic related impacts are expected.
D. General Plan
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
Policy LU-2.1 — Minimize vehicle miles traveled for goods and services by allowing and
encouraging stores that provide these good within walking distance of neighborhoods in
Los Gatos.
Policy LU-9.2 — Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the shopping needs of residents and to preserve the small-
town atmosphere.
Goal LU-12.2 — Encourage a mix of uses along Los Gatos Boulevard, including, where
appropriate, mixed -use parcels that are compatible with surrounding uses.
E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities. No significant effect on the environment will occur since the project uses an
existing structure with no increase in floor area.
F. Conditional Use Permit Findings
In order to grant approval of a CUP, the hearing body must make the following findings:
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SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(3) The proposed use would not be detrimental to public health, safety or general welfare;
and
(4) The proposed use of the property is in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code.
The proposed use is desirable to the public convenience and welfare in that it provides
dining options for residents and visitors of the Town. The proposed use will not impair the
integrity and character of the zone in that the proposed use maintains an existing
restaurant use in a commercial zone. The proposed use will not impact public health,
safety, or general welfare as the conditions regarding operating hours, seating, and alcohol
service would mitigate potential impacts. The use complies with the objectives of the
General Plan and Town Code as discussed within this report.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At this time, the Town has not received any public comment.
CONCLUSION:
A. Summary
The applicant is proposing to modify the conditions of their existing CUP regarding alcohol
sales and service. No additional square footage or seating is being proposed, therefore, no
impacts pertaining to parking or traffic are expected. The existing restaurant use is
proposed to remain and is in conformance with the Town Code and is consistent with the
General Plan.
B. Recommendation
Based on the above information, staff recommends that the Planning Commission forward a
recommendation of approval to the Town Council. If the Planning Commission finds merit
with the proposal, it should:
1. Make the finding that the proposed project is categorically exempt, pursuant to Section
15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2);
and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a CUP (Exhibit 2); and
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SUBJECT: 681 BLOSSOM HILL ROAD/U-17-001
DATE: APRIL 21, 2017
3. Forward a recommendation to Town Council for approval of CUP application U-17-001
with the conditions contained in Exhibit 3.
C. Alternatives
Alternatively, the Commission can:
1. Recommend that the Town Council approve the application with additional and/or
modified conditions of approval; or
2. Recommend that the Town Council deny the application; or
3. Continue the application with direction to a specific hearing date.
EXHIBITS:
1. Location Map
2. Required Findings for a CUP (one page)
3. Recommended Conditions of Approval (two pages)
4. Existing CUP (three pages)
5. Project Description/Letter of Justification, received February 1, 2017 (one page)
6. Operational Information, received April 5, 2017 (two pages)
7. Development Plans, received February 1, 2017 (one page)
8. Alcoholic Beverage Policy (six pages)
9. Public comments received by 11:00 a.m., Friday, April 21, 2017
Distribution:
Ling Hullon, 1025 Windsor Street, San Jose, CA 95129
Linda L. Lester, 2425 Ric Drive, Gilroy, CA 95020
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:s
Id
681 Blossom Hill Road
EXHIBIT 1
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PLANNING COMMISSION - April 26, 2017
REQUIRED FINDINGS FOR:
681 Blossom Hill Road. Suite 100
Conditional Use Permit U-17-001
Requesting approval of a modification of an existing Conditional Use Permit (Firenze
Pizza) to allow on -site beer and wine service on property zoned CH:PD.
APN 529-65-028
PROPERTY OWNER: Linda Lester Trust
APPLICANT: Ling Hullon
FINDINGS:
Required finding for CEQA:
E The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use 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 use is desirable to the public convenience welfare in that it provides
dining options for residents and visitors of the Town; and
2. The proposed use would not impair the integrity of the zone, in that the proposed use
maintains an existing restaurant use in a commercial zone; and
3. The proposed use would not be detrimental to public health, safety, or general welfare,
and the conditions regarding operating hours, seating, and alcohol service would
mitigate potential impacts; and
4. The proposed use is in harmony with the General Plan and Town Code.
EXHIBIT 2
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CONDITIONS OF APPROVAL — April 26, 2017
681 Blossom Hill Road. Suite 100
Conditional Use Permit Application U-17-001
Requesting approval of a modification of an existing Conditional Use Permit (Firenza
Pizza) to allow on -site beer and wine service on property zoned CH:PD. APN 529-65-
028.
PROPERTY OWNER: Linda Lester Trust
APPLICANT: Ling Hullon
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
received on January 13, 2015. Any changes or modifications made to the approved plans
shall be approved by the Director of Community Development, the Development Review
Committee, the Planning Commission, or the Town Council depending on the scope of the
changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years
from the date of approval (March 11, 2017) unless it is used before expiration. Section
29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year the approval lapses..
4. USE: This approval is for a high -turnover, sit-down restaurant, and is restricted to the
areas shown on the approved plans. Any change in the type of business requires
modification of the Conditional Use Permit.
5. HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 10:00 p.m., daily.
6. SEATS: The maximum number of indoor seats is 30. No outdoor seating is permitted.
7. ALCOHOL SERVICE: No alcohol service is permitted. No beer or wine shall be served
without meal service. All alcohol service shall cease no later than 10:00 p.m.
8. LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and
policies, as amended.
9. RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever such a
product is available.
10. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not be
made from Blossom Hill Road or Los Gatos Boulevard.
11. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of
Santa Clara Department of Environmental Health for review prior to commencement of
use. The applicant shall provide a copy of the approval from the County of Santa Clara
Department of Environmental Health prior to commencing business or prior to issuance of
building permits.
EXHIBIT 3
12. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only
be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
13. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the
Sandy Lane Trash Management Plan prepared by American Trash Management on
December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and
waste volumes change within the commercial center.
14. EXTERIOR MAINTENACE: Exterior maintenance by employees shall not occur between the
hours of 10:00 p.m. and 8:00 a.m..
15. WINDOWS ALONG BLOSSOM HILL ROAD ELEVATION: The windows along the Blossom Hill
Road building elevation shall remain unobstructed, unblocked and un-tinted. Windows
are to be free and clear of all stacked materials.
16. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
17. CONSTRUCTION MANAGEMENT PLAN: A construction management plan is required.
18. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement
of use.
19. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new or change of use.
20. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
21. GENERAL: The restaurant is subject to the following:
a. Uniformed privately provided security guards may be required in or around the
premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on -going employee training on
alcoholic beverage service to the general public.
c. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association,
d. All licensed operators shall have and shall actively promote a designated driver
program such as complimentary non-alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
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CONDITIONS OF APPROVAL — March 11, 2015
681 Blossom Hill Road, Suite 100
Conditional Use Permit Application U-14-022
Requesting approval of a Conditional Use Permit for a high turnover sit down restaurant
(Pizza Studio) on property zoned CH:PD. APN 529-65-028.
PROPERTY OWNER: Tom Consungi, CHL Ventures LP
APPLICANT: Jeff Burr:ll, Studio 17, I .r
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as received on January 13, 2015. Any changes or modifications made to the approved plans
shall be approved by the Director of Community Development, the Development Review
Committee, the Planning Commission, or the Town Council depending on the scope of the
changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two
years from the date of approval (March 11, 2017) unless it is used before expiration.
Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. LAPSE FOR DISCONTrNUANCE: If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: This approval is for a high -turnover, sit-down restaurant, and is restricted to the areas
shown on the approved plans. Any change in the type of business requires modification of
the Conditional Use Permit.
5. HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 10:00 p.m.,
daily.
6. SEATS: The maximum number of indoor seats is 30. No outdoor seating is permitted.
7. ALCOHOL SERVICE: No alcohol service is permitted.
8. LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and
policies, as amended.
9. RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever
such a product is available.
10. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not
be made from Blossom Hill Road or Los Gatos Boulevard.
11. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the County
of Santa Clara Department of Environmental Health prior to commencing business or prior
to issuance of building permits.
12. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business
shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
13. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the
Sandy Lane Trash Management Plan prepared by American Trash Management on
EXHIBIT 4
December 1, 2014. The 'brash Management Plan may be adjusted as tenant uses and waste
volumes change within the commercial center,
14. EXTERIOR MAINTENACE: Exterior maintenance by employees shall not occur between
the hours of 10:00 p.m. and 8:00 a.m..
15. WINDOWS ALONG BLOSSOM HILL ROAD ELEVATION: The windows along the
Blossom Hill Road building elevation shall remain unobstructed, unblocked and un-tinted.
Windows are to be free and clear of all stacked materials.
16. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
17. CONSTRUCTION MANAGEMENT PLAN: A construction management plan is required.
18. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department must be obtained prior to
commencement of use.
19. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
20. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Building Division
21. PERMITS REQUIRED: A Building Permit shall be required tor the alterations to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
22. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
23. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36".
24. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then confirmed by Town staff.
25. TITLE 24 — RESTAURANT USE: Proper size grease trap may be required for any
restaurant use. The following agencies will review the grease trap requirements as well as
other food service requirements and approvals before issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378-2407
b. San Jose/Santa Clara Environmental Services Department: (408) 945-5300
c. Santa Clara County Environmental Health Department: (408) 918-3400
d. Town Public Works Department: (408) 399-7570
26. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Erin Walters (408) 354-6867
b. Santa Clara County Fire Department: (408) 378-4010
c. County Environmental Health Department: (408) 918-3400
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LETTER OF JUSTIFICATION
Name : Life of Pie DBA Firenze Pizza
Address : 681 Blossom Hill Road, Los Gatos, CA 95032
Phone Number : 408.442.5433
Date: January 24, 2017
We are writing this letter for the approval of a Conditional Permit. We would like the permit for
Beer and Wine at Firenze Pizza. We have had an overwhelming demand from our guests_
75% of our clientele are Los Gatos residents.
We have been told that "nothing goes better with pizza than beer"!! We also have three 65" TVs
in the restaurant. We would live to provide a bit more of the sports atmosphere to go along with
the family atmosphere we have already set in place. This is the Fifth largest sports market in
the United States and the fans are very passionate. We would love nothing more than giving
them the opportunity to stay and watch an entire sporting event.
Our goal is to provide the best dining experience possible for our guests. Give the people what
they want and keep them corning back!! It took us only 8 weeks to become the highest Yelp
rated restaurant in all of Los Gatos. From the very beginning, we used our grand opening week
to raise money for the community kids soccer teams, The Los Gatos United. We raised just
over $5000. From the start we wanted to show the community we are here for each other.
We believe we are meant to be here and would like to continue to grow and do our part to help
this this close knit community constantly evolve,!
PIZZA LIKE NEVER BEFORE!
RECEIVED
FEB 012011
TOWN OF LOS GATOS
"Glr.71C,;:
. FXEiiB1T 5
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Purpose
1. We understand and agree with the policy to serve food with Alcohol. We close at 9 pm
everyday and will not ever serve beer after 10 pm.
General Policy
1. We are not a stand alone bar nor a restaurant with a separate bar. We intend on serving
bottled beer as well as wine. We are a pizza with a high demand to pair beer and wine
with our delicious pizza.
2. This does not apply to us, as we are a restaurant and not an entertainment
establishment.
3. This does not apply to us as we are a restaurant and not a n entertainment
establishment.
4, Our conditional use permit will be for the hours of 11 am - 9 pm daily.
5. A. We understand we need security if we have Alcohol related problems B. We agree
to have any meeting with the Police Chief whenever he wants. C. We will have a Alcohol
service training menu for all or staff. (Only staff 18 years of age or above will be allowed
to serve Alcohol) D. We support all Designated Driver programs. E. We will post
contact info for all taxi cabs companies.
6. A. We close at 9 pm, so this does not pertain to us. - B. We do not have any history of
complaints and non-compliance for Alcohol policy violations. - C. Our opening week we
raised $5004 for The Los Gatos United and have committed donations to Van Meter
Elementary.
7. We understand what constitutes a meal.
8. We do not have any outdoor seating, so this does not apply.
Specific Policy
1. We understand that the customer must order more food if they want to keep drinking
2. This does not apply to us as we don not have a separate bar.
Review. Process
1. We support all decisions made by the Town Council.
2. A. We have spoke with the Director of Community Development. - B. After 1 year, feel
free to notify our neighbors. - C. We support any decisions the Director of Community
Development makes if we get solicited. - D. We support all matters that involve violations
and understand they may be a Public Hearing. - E. We agrees to any decision the the
Planning Commission may rezone us for Zoning Violations.
Enforcement
I. We understand if there are many calls about safety and welfare due to intoxication.
II. We understand there may be complaints from residents.
Ili. We understand there there may be violations for alcohol, drugs,disturbing the peace,
fighting , and public nuisance.
IV. We understand they may be complaints for The State Alcoholic Beveraggt�
and the County Health Department. [[�
APR 05'6"
GATos
To\NN V1S Ofi1
EXHIBIT 6
V. We understand the terms for violation of conditions of the approved related to alcoholic
service.
We will not be doing any construction. We will only be adding a refrigerator for Beer Bottles.
This unit will have a lock. It will only be unlocked between 11 am - 9 pm ie. business hours. No
employee under the age of 18 will be allowed to stock or serve the beer we have. Back up wine
will also be locked up.
EXEW3IT 7
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••
RESOLUTION 2001-106
RESOLUTION OF THE TOWN COUNCIL
OF IRE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages.; and
WHEREAS, the Town Council has indicated a desire to review ail applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol. Policy,
'THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17't day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glirkimin,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
Al'1EST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS) CALIFORNIA
2
YOR i `F i TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result h an increase of calls for policeservices and compromise the quality oflife .for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection ofresidential neighborhoods in dose proximity to commercial districts
and still maintain the viability ofour commercial centers in which restaurants have an essential
role Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that .may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements:
H. General policy
1. The Town shall continue to strongly discourage new applications fair stand alone bars
or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertaimnent in association with an eating or Chi king establishment maybe allowed
if standards and a permit process are adopted.
4. Alcoholic beverage servio efornew conditionalusepennit applications or applications
for modification of a conditional use permit shall not be allowed:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays far evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation_
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5. Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
mot resolved by the licensed owner.
B. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on -going employee
training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training marnial that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
E. Taxicab telephone numbers shall be posted in a visible location.
b. The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past I OPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
B. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
7 A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner) Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
1
Town of Las Gatos
Alcoholic Beverage Policy
Page 3 of 4
T L Specific Policy
1 . Restaurants:
Alcoholic beverages may only be served with meals.
2, Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, iliac night bar service is available. Specific hours of
operation for each establishment are determined upon issuance ofa conditional use
permit.
IV. Review Process
1. Proposals for new bars or restaurants with bats and all requests for new alcohol
service or a change to existing service s aali be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
2. Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the. Community Development Department. The following process will
be followed:
a. The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location_
b. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and arty comments regarding the operation
of the business shall be solicited.
c. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Trrwn of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 2930.3 10(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nnisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.310(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;
II. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishuent;
N. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains
the right of review and approval (or denial) of each project based on its merits.
NAD PolayMinv s:*vd
PUBLIC COMMENTS
No public comments received
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