Item 12 Staff Report Consider a Request to Modify an Existing Conditional Use Permit to Expand from Beer and Wine to Full Liquor Service Service (Tapestry) on Property Zones C-2. Conditional Use Permit Application U-04-6. Property Location: 11 College AveCOUNCIL AGENDA REPORT
DATE: December 16, 2003
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT:
MEETING DATE: 1/5/04
ITEM NO. a
CONSIDER A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO EXPAND FROM BEER AND WINE TO FULL LIQUOR
SERVICE SERVICE (TAPESTRY) ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT APPLICATION U-04-6. PROPERTY
LOCATION: 11 COLLEGE AVENUE (APN 529-29-052). PROPERTY
OWNER: DAVE FLICK. APPLICANT: TAPESTRY RESTAURANT, LP.
RECOMMENDATION:
1. Accept report in the form of meeting minutes from the Planning Commission regarding a
modification of a Conditional Use Permit (Attachment 4).
2. Hold the public hearing and receive public testimony.
3. Close the public hearing.
4. Approve or deny the application. If the application is approved, make the required findings
(Attachment 1) and approve the application subject to the proposed conditions (Attachment 3).
5. Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
On October 23, 1996, Project Application PRJ-96-68 was approved by the Planning Commission
granting approval of a Conditional Use Permit for a high quality restaurant with outdoor dining for
the building located at 11 College Avenue. The approval also allowed the restaurant to serve beer
and wine with meals, but did not allow full liquor service (See Attachment 2). The building located
at 11 College Avenue is currently occupied by Tapestry Restaurant.
(Continued on Page 2)
PREPARED BY: Bud N. Lortz
Director of Community Development
Scott Seam eD`(/
htiAa,__
Chief of Police
Reviewed by: Pscc Assistant Town Manager 016- Town Attorney Clerk Finance
Community Development Revised: 12/16/03 3:59 pm
Reformatted: 5/30/02
Page 2
MAYOR AND TOWN COUNCIL
SUBJECT: 11 COLLEGE AVENUE (TAPESTRY)
January 5, 2004
DISCUSSION:
1. Project Summary
The applicant is requesting to modify an existing conditional use permit (CUP) to allow full
liquor service with meals at the restaurant (Tapestry) located at 11 College Avenue. To date,
only beer and wine have been permitted to be served with meals.
The applicant believes that this request is justified given the change in the competitive business
environment, since other local restaurants have obtained permission for full liquor service
(Exhibit E of Attachment 5). All other existing operations, including hours of operation and
seating capacity will remain unchanged. It should be noted that Staff has added a condition
(Condition #9 of Attachment 3) which states that a separate bar is not permitted at this location.
2. Planning Commission:
The Planning Commission considered this matter on November 12, 2003. A copy of the Draft
Planning Commission minutes are included as Attachment 4. Pursuant to the Town's Alcoholic
Beverage Policy (Attachment 7), the Commission forwarded the matter to Town Council with
the following recommendation (5-0 vote):
That the Town Council approve application U-04-6 with the following additional condition:
• TAKE OUT SERVICE: There shall be no dedicated walk up counter and no more than
10% of the business shall be take out.
Note: Staff is concerned about how the Town would administer the 10% take-out restriction
that the Commission has recommended as an additional condition.
The Commission supported the request with the additional condition for the following reasons:
* The proposed use is desirable to public convenience since it provides a choice for those
wishing to have a cocktail with dinner; and
* The proposed use will not impair the integrity, character, or use of the zone since the
restaurant will continue to operate in a similar manner; and
* The proposed use will not be detrimental to public health, safety, or general welfare as
shown by other similar restaurants such as Kuletto's and Forbes Mill Steak House which
have separate bars and don't present a problem. This restaurant is not permitted to have
a separate bar which should present less of a problem; and
* Late night service will not adversely impact adjacent residential neighborhoods since the
hours of alcohol service are limited and conditions are included which can require
security guards; and
* There is no history of complaints or non-compliance with local ordinances or the Alcohol
Beverage Policy; and
Page 3
MAYOR AND TOWN COUNCIL
SUBJECT: 11 COLLEGE AVENUE (TAPESTRY)
January 5, 2004
* The applicant is providing a clear benefit by providing choices for diners.
It should be noted that Attachment 3 is the final version of the conditions of approval including
the additional condition recommended by the Commission (Please see staff's note above
regarding Condition #10 of Attachment 3).
3. Conclusion:
Staff has reviewed this proposal and believes that this is a reasonable request given that the
existing business does not have a history of complaints and is in good standing with the Police
Department.
ENVIRONMENTAL ASSESSMENT:
As required by Section 15301 of the State Environmental Guidelines as adopted by the Town that
this project is Categorically Exempt.
FISCAL IMPACT:
None.
Attachments:
1. Required findings from the Staff Report for the Planning Commission meeting of November
12, 2003.
2. Existing Conditions of Approval from the Staff Report for the Planning Commission meeting
of November 12, 2003.
3. Proposed Conditions of Approval including modifications requested by the applicant and
recommendations from the Planning Commission from the meeting of November 12, 2003.
4. Excerpts of the Draft Planning Commission minutes for the meeting of November 12, 2003.
5. Report to the Planning Commission from the Director of Community Development dated
November 3, 2003 for the meeting of November 12, 2003.
6. Addendum to the report from the Development Review Committee to the Planning Commission
dated November 10, 2003 for the meeting of November 12, 2003.
7. Resolution 2001-106
Distribution:
Dave Flick, P.O. Box GF, Los Gatos, CA 95031
Tapestry Restaurant, Attn: Gary Messick, 11 College Ave., Los Gatos, CA 95030
BNL:JP:
N:1DEVICNCLRPTS111College. wpd
REQUIRED FINDINGS FOR
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit Application to expand
from beer and wine to full liquor service (Tapestry) on property zoned C-2. APN 529-29-
052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
■ 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 uses of the property are essential or desirable to the public
convenience or welfare; and
(2) 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.
• As required by Resolution 2001-106 for policies regulating the sale of alcoholic
beverages.
The deciding body shall make the following findings prior to approving an application for
conditional use permit to serve alcoholic beverages past 10 PM:
(1) Late night service will not adversely impact adjacent residential neighborhoods;
and
(2) The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy; and
(3) The applicant has demonstrated a clear benefit to the community.
That the work proposed is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
▪ As required by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:1DE VIFINDINGS111 Co 11ege. wp d
Attachment 1
PLANNING DEPARTMENT
(408) 354-6872
Dave Flick
P.O. Box GF
Los Gatos, CA 95031
RE: 34 E. Main & 11 College Avenue
a. Project Application PRJ-96-68
b. Negative Declaration Application ND-96-12
Requesting approval of an Architecture and Site Application and a Conditional Use Permit
Application to demolish a pre-1941 retail\residential building, to construct a new
retail\residential building, to demolish and reconstruct the historic Soda Works building
and to rehabilitate a pre-1941 residence into a restaurant with outside seating and retail
use on property in the C-2 and R-M:5-12 zone, If no significant environmental impacts are
identified as a result of this project, a Negative Declaration will be recommended and an
Environmental Impact Report will not be required.
PROPERTY OWNER: Dave Flick
The Town of Los Gatos Planning Commission, at its meeting of October 23, 1996, approved the above
application, subject to the conditions below. The conditions in bold are applicable to the Conditional
Use Permit for the restaurant.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. SODA WORKS BUILDING. The Soda Works building shall be dismantled, materials salvaged
and be reconstructed. The reconstruction shall include replacing the facade with the existing
sign, including the insertion of the new wooden storefront and replacing the wall of the building
facing College Avenue.
2. EXTERIOR MATERIALS. Real wood frame windowL shall be used with true divided lites.
3. HISTORIC MARKER. A historic marker with photos of the site shall be in at least one of the
buildings.
4. DENTILS. Dentils shall be added to the elevations of the E. Main Street building.
5. RESTAURANT USE. A high quality restaurant use is permitted in the Puccinelli building. A
separate conditional use permit will be required if a restaurant is proposed in any of the
other buildings on the lot.
6. HOURS. Maximum hours of operation for the restaurant shall be 7:30 a.m. to 11 p.m.
seven days a week. No alcohol shall be served earlier than 11:00 a.m.
7. SEATS. The maximum number of seats for the restaurant shall not exceed 76. A maximum
of 44 outside seats are permitted.
8. ALCOHOL SERVICE. The service of beer and wine 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, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins,
relish trays, etc. (hot or cold) are not meals.
(Engineering Section)
9. GRADING PERMIT. A grading permit is required for the on -site parking lot. A separate
application for a grading permit (with grading plans) shall be made to the Development
Engineering Section of the Planning Department. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Attachment 2
Dave Flick - Page 2
34 E. Main Street & 11 College Avenue
October 22, 2003
Unless specifically allowed by the Director of Building and Engineering Services, the grading
permit will be issued concurrently with the building permit.
10. SOILS REPORT. Two copies of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion control.
The reports shall be signed and "wet stamped" by the engineer, in conformance with Section
6735 of the California Business and Professions Code.
11. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before the issuance of any permits.
a. East Main Street. The chord of a 20-foot radius return at the intersection of College
Avenue.
b. Villa Avenue. An area from the intersection with College Avenue, approximately six
(6) inches behind the existing curb, extending easterly approximately 35 feet.
c. Sidewalk Easement. A Sidewalk Easement shall be provided over the sidewalk to be
constructed along the Villa Avenue frontage.
12. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer.
Plans for those improvements shall be prepared by California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the issuance of a building permit or
recordation of a map. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
a. East Main Street. Curb, gutter, "Villa Hermosa" sidewalk, curb ramp, street light, tie-in
paving, signing, striping, storrn and sanitary sewers, as required.
b. College Avenue. Curb, gutter, sidewalk, curb ramp, driveway approach, street light,
tie-in paving, signing, striping, storm and sanitary sewers, as required.
c. Villa Avenue. Curb, gutter, meandering sidewalk, curb ramp, driveway approach,
street light, tie-in paving, signing, striping, storm and sanitary sewers, as required.
d. Southwesterly corner of East Main Street/College Avenue. Corner improvements, as
shown in the Central Business District Improvements Streetscape Plan, page 4(c).
13. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance of the
building permit.
14. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional to the project's
share of transportation improvements 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 application is made. The fee shall be paid before issuance of
the building permit. The traffic impact mitigation fee for this project using the current fee
schedule and an increase in Average Daily Trips of 277 (Traffic Report dated 8/23/96 by Mark
Wessel, P.E.) is $22,020. The final fee shall be calculated using the rate schedule in effect at
the time of the building permit application.
15. DRIVEWAY WIDTH. The 22 foot width of the proposed driveways on College Avenue and
Villa Avenue shall be increased to 25 feet.
16. AISLEWAY WIDTH. The proposed aisleway of the east -west parking lot shall be narrowed to
a 25 foot minimum width and additional landscaping shall be provided.
17. RADIUS RETURNS. A 4 foot minimum radius curb return shall be provided at the intersection
of the proposed east -west parking lot aisleway and the proposed driveway access to Villa
Avenue. Landscaping shall be provided between parking stall No. 29 and the Villa Avenue
driveway. A minimum 4 foot radius curb return (installed to provide a straight section of curb
that is at least 16 feet long adjacent to parking stall No. 23 and parking stall No. 24) shall be
provided. Minimum 3 foot radius curb returns shall be provided adjacent to parking stall No. 1
at the College Avenue driveway, adjacent to parking stall No. 48 at the College Avenue
driveway, and adjacent to parking stall No. 28 at the Villa Avenue driveway.
Dave Flick - Page 3
4 E, Main Street & 11 College Avenue
October 22, 2003
18, WHEEL STOPS. The concrete wheel stops in the northwest portion of the parking lot shall ' e
removed and replaced with a continuous curb. The proposed 4 foot wide sidewalk within this
area shall be widened to provide a 6 foot width.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES:
19. LANDSCAPE PLAN. A concise landscaping plan will be required prior to issuance of a
building permit. The landscaping plan is required to have Town approved trees, shrubs, and
groundcovers. A plant legend is also required with type, size, and quantity of proposed plant
materials.
20. TREE REMOVAL. A tree removal permit shall be obtained prior to the issuance of any
permits.
21. GENERAL. All existing trees listed on the plan are specific subjects of approval of this plan,
and must remain on the site.
22. TREE PROTECTION. No construction or grading shall take place within the dripline of
existing trees. Prior to any permits being issued, the applicant shall meet with the Parks
Superintendent concerning the need for protective tree fencing. Such fencing shall be
installed prior to and maintained during construction.
23. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and vegetation.
24. NEW TREES. Newly planted trees shall be double staked, using rubber tree ties and shall be
planted prior to final occupancy.
25. WATER CONSERVATION ORDINANCE. This landscape is required to meet the Town of Los
Gatos Water Conservation Ordinance as per Article IV of Chapter 26 of the Town Code.
Working landscape and irrigation plans shall be submitted for review and approved prior to
issuance of a building permit. A review fee based on current Council Resolution shall be paid
when filed.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES:
26. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All work
shall conform to the applicable Town ordinances. Adjacent public right-of-way shall be kept
clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed
into storm sewers. The storing of goods and materials on the sidewalk and/or street will not
be allowed unless a special permit is issued. The developer's representative in charges 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 maintenance at the
developer's expense.
27. PG&E PARCEL. Written verification that the applicant has rights to use the PG&E parcel must
be provided when a building permit is filed. In addition, when permits are filed, PG&E will be
required ' be part of the permit process.
28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction Inspector at least twenty-four (24) hours before starting any work
pertaining to on -site drainage facilities, grading, or paving; and all work in the Town's right-of-
way. Failure to do so will result in rejection of work that went on without inspection.
29. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans shall
prepared and submitted to the Engineering Development Section of the Planning Department.
A maximum of two weeks is allowed between clearing of an area and stabilizing/building on
this area if grading that is allowed to go on during the rainy season. In addition, strew bales
Dave Flick - Page 4
34 E. Main Street & 11 College Avenue
October 22, 2003
and plastic sheeting shall be stored on -site for emergency control, if needed. Install filter
berms, check dams, retention basins, silt fences, and straw bale dikes as needed on the
project site, to protect downstream water quality during winter months.
30. UTILITIES. The developer must agree to install all utility service, including telephone, electric
power, and other communications lines underground, according to Town policy.
31. RESTORATION OF PUBLIC IMPROVEMENTS. 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, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or
pavement signs shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvements to be repaired or replaced shall be at the direction
of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
32. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standards. An inspection made at the time the planning application
was filed showed a minimum of twenty-five (25) linear feet of curb and gutter currently in need
of repair. Limits of curb and gutter repair will be determined by the Engineering Construction
Inspector during the construction phase.
33. CURB RAMPS. The developer shall construct three (3) curb ramp(s) according to State
Standard Drawings, both ends of the crosswalk at E. Main Street/College Avenue and at
College AvenueNilla Avenue. The actual "Case" as shown on the standard to be used will be
decided by the Engineering Construction Inspector during the construction phase.
34. DRIVEWAY APPROACH. The developer shall install two (2) Town Standard Commercial
driveway approaches. The new driveway approaches shall be constructed per Town
Standard Detail S-5.
35. AS -BUILT PLANS. After completion of the construction of all work in the public right-of-way or
easements, and before the release of the Faithful Performance Security, the original plans
shall have all changes (change orders and field changes) clearly marked. The "As -built" plan
shall again be signed and "wet -stamped" by the engineer of record, attesting to the changes.
A "Mylar" copy of the signed "As -built" plans shall be provided to the Town.
36, ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit.
37. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
38. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
39. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
40. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
41, SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted
with the Building Permit application, This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
Dave Flick - Page 5
34 E. Main Street & 11 College Avenue
October 22, 2003
42. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report
and the building pad elevation and on -site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following itcrns:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
43. MULTI -FAMILY ACCESSIBILITY REGULATIONS: The apartments shall be designed in
accordance with the requirements of the current State of California multi -family accessibility
regulations.
44. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms for
residential and non-residential shall be blue lined on the construction plans.
45. PLANS: The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
46. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with the
latest California Title 24 Accessibility Standards.
47. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards for disabled. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
48. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall comply with the latest
California Title 24 Accessibility Standards.
49. COMMERCIAL - RESTAURANT USE: Meet all requirements of the County Health
Department and West Valley Sanitation District for the interception, separation, or
pretreatment of effluent. Proper size grease trap shall be required for any restaurant use.
The following agencies will review the grease trap requirements before issuance of the
building permit:
a. West Valley Sanitation District: 378-2408
b. County Health Department: 299-6060
c. Town Parks, Forestry & Maintenance Services Department: 354-6808
50. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the Building Permit, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Department Service Counter. The Town Special inspection schedule shall be blue lined on
the construction plan.
51. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal.
The specification sheet (Size 24" X 36") is available at the Building Department service
counter.
52. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a. West Valley Sanitation District: 378-2408
b. Central Fire District: 378-4015
c. Los Gatos School District: 395-5570
Note: Obtain the School district form from the Town Building Department, after the
Building Department has approved the application for permit.
d. County Health Department: 299-6060
Dave Flick - Page 6
34 E. Main Street & 11 College Avenue
October 22, 2003
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
53. REQUIRED FIRE FLOW. The required fire flow for each building is as follows:
Retail/Residential: 3000 GPM at 20 psi. residual pressure.
Restaurant: 1500 GPM at 20 psi. residual pressure.
Soda Works: 1500 GPM at 20 psi. residual pressure.
54. AUTOMATIC FIRE SPRINKLER SYSTEM: Buildings requiring greater than 2000 GPM fire
flow shall be equipped with an automatic fire sprinkler system throughout all portions of the
building.
55. KEY BOX. Provide an approved fire department key box and appropriate building keys.
56. ALARM. Provide approved type monitoring for all fire sprinkler system alarm devices.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
57. 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.
58. MUSIC. There shall be no amplified music or public address system in the outside patio
area.
Pursuant to Section 29.20.320 of the Town Code, this approval will expire two years from the date of this
approval (expires October 23, 1998) unless the approval is used before expiration. Section 29.20.335 defines
what constitutes the use of an approval granted under the Zoning Ordinance.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town
Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be
considered final, and no permits by the Town will be issued until the appeal period has passed.
Reasonable extensions of the time not exceeding one year may be granted upon application to and approval
by the Planning Commission. Extensions can be granted only if approved by the Commission prior to the
expiration of the approval. Therefore, it is recommended that applications for time extension be filed with the
Planning Department at least sixty days prior to the expiration of the approval.
Dave Flick - Page 7
34 E. Main Street & 11 College Avenue
October 22, 2003
Enclosed you will find important information to assist you in completing your project. If you have any
questions, please contact Sandy Bally of this department at (408) 354-6873.
Very truly yours,
Lee E. Bowman
Planning Director
LEB:SLB:sm
SM171LETTERS110-23-96.#2
RECOMMENDED CONDITIONS OF APPROVAL FOR:
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit Application to expand from
beer and wine to full liquor service (Tapestry) on property zoned C-2. APN 529-29-052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
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
Exhibit E in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission, depending on 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.
3. RESTAURANT USE: A high quality restaurant use is permitted in the Puccinelli building. A
separate conditional use permit will be required if a restaurant is proposed in any of the other
buildings on the lot.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 76.
A maximum of 44 outside seats are permitted.
5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 7:30 a.m.
to 11 p.m. seven days a week. No alcohol shall be served earlier than 11:00 a.m.
6. HOURS OF ALCOHOLIC BEVERAGE SERVICE: The maximum hours of alcoholic beverage
service shall be from 11:00 a.m. till 11:00 p.m. seven days a week.
7. ALCOHOL SERVICE: The service of beer, wine, and liquor 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, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
8. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the applicant receives
future approval of live entertainment.
9. SEPARATE BAR: A separate bar is not permitted at this location.
10. TAKE OUT SERVICE: There shall be no dedicated walk up counter and no more than 10% of
the business shall be take out.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11. UNIFORMED SECURITY: Uniformed privately provided security guards may be required in
or around the premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
12. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic meetings
will be conducted with representatives from the Police Department for on -going employee
training on alcoholic beverage service to the general public.
Attachment 3
11 College Avenue / U-04-6
January 5, 2003
Page 2
13. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California Restaurant
Association
14. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
15. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
16. MUSIC: There shall be no amplified music or public address system in the outside patio area.
N:1DEVICOND ITNS111 Co liege. wpd
REPORT TO:
FROM:
LOCATION:
FINDINGS:
Date: November 3, 2003
For Agenda Of: November 12, 2003
Agenda Item: 3
The Planning Commission
The Development Review Committee
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit
Application to expand from beer and wine to full liquor service
(Tapestry) on property zoned C-2. APN 529-29-052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
DEEMED COMPLE1'h: September 23, 2003
FINAL DATE TO TAKE ACTION: March 23, 2003
a As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
• As required by Resolution 2001-106 regulating the sale of alcoholic
beverages.
• As required by Section IV.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set
forth in the Town's General Plan.
• It has been determined that this project is Categorically Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
ACTION: The decision of the Planning Commission is final unless appealed within
ten days.
EXHIBITS:
A. Required Findings
B. Resolution 2001-106
C. Existing Conditions of Approval
D. Proposed Conditions of Approval including the modification
requested by the applicant
E. Letter of Justification, received August 28, 2003
RECOMMENDATION
SUMMARY: Forward a recommendation to the Town Council.
Attachment 5
The Planning Commission - Page 2
11 College Avenue / U-04-6
November 12, 2003
A. BACKGROUND:
On October 23, 1996, Project Application PRJ-96-68 was approved by the Planning Commission
granting approval of a Conditional Use Permit for a high quality restaurant with outdoor dining. The
approval also allowed the restaurant to serve beer and wine with meals, but did not allow full liquor
service (See Exhibit C). As a result of the Conditional Use Permit approval, the building located at
11 College Avenue was occupied by Tapestry Restaurant.
A. REMARKS:
Project Summary
The applicant is requesting approval to modify their Conditional Use Petinit to allow an
expansion from beer and wine service to full liquor service in conjunction with meals. The
applicant believes that this request is justified given the change in the competitive landscape,
since other local restaurants have obtained permission for full liquor service (Exhibit E). All
other existing operations, including hours of operation and seating capacity will remain
unchanged. It should be noted that Staff has added a condition (Condition #9) which states that
a separate bar is not permitted at this location.
The Police Department has reviewed this proposal and believes that this is a reasonable request
given that the existing business does not have a history of complaints and is in good standing
with the Police Department.
B. RECOMMENDATION:
Pursuant to the Town's Alcohol policy, this matter must be decided by the Town Council. The
Commission should forward this application to the Council with the following recommendation:
1. Denial or approval of the request to expand from beer and wine to full liquor service
depending on whether the Commission determines that this request is in conformance with
the Findings included as Exhibit A; and
2. Any additional suggested modifications to the Conditions of Approval.
Bud N. Lortz, Diretor of o unity Development
Prepared by: Joel Paulson, Planner
BNL:7P:cb
cc: Dave Flick, P.O. Box GF, Los Gatos, CA 95031
Tapestry Restaurant, Attn: Gary Messick, 11 College Ave.,
Los Gatos, CA 95030
N:IDEV\REPORTS111 College2.wpd
REQUIRED FINDINGS FOR
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit Application to expand
from beer and wine to full liquor service (Tapestry) on property zoned C-2. APN 529-29-
052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
• 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 uses of the property are essential or desirable to the public
convenience or welfare; and
(2) 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.
® As required by Resolution 2001-106 for policies regulating the sale of alcoholic
beverages.
The deciding body shall make the following findings prior to approving an application for
conditional use permit to serve alcoholic beverages past 10 PM:
(1) Late night service will not adversely impact adjacent residential neighborhoods;
and
(2) The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy; and
(3) The applicant has demonstrated a clear benefit to the community.
e That the work proposed is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
® As required by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:1DE VIFINDINGS111 Co l lege. wpd
EXHIBIT A
1
(
RESOLUTION 2001 - 106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN, OF LOS GATOS
AMENDING TEE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
res,iit in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town. Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A,
EXHIBIT B
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YORHE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
zu
CLERK OF THE 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 in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability 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:
General policy
•
1. The Town shall continue to strongly discourage new applications for stand atone bars
or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic. beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditions 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 or evenings before holidays,
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Town of Los Gatos
Alcoholic Beverage Policy •
Page 2 of 4
5, Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
B. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on -going employee
training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
E.. Taxicab telephone numbers shall be posted in a visible location.
6, The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past 10PM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
B. The applicant does not havea 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.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
IIL 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, Satuxd.ay, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific houra of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
1. Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
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.
One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
c. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance.
Pursuant to Section 29,20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.310(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;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains
the right of review and approval (or denial) of each project based on its merits.
N:1DEVOU1ANNiCutmalAcobdPobcy12001daito poti y,wpd
PLANNING DEPARTMENT
(408) 354-6872
Dave Flick
P. 0. Box GF
Los Gatos, CA 95031
RE: 34 E. Main & 11 College Avenue
a. Project Application PRJ-96-68
b. Negative Declaration Application ND-96-12
Requesting approval of an Architecture and Site Application and a Conditional Use Permit
Application to demolish a pre-1941 retail\residential building, to construct a new
retail\residential building, to demolish and reconstruct the historic Soda Works building
and to rehabilitate a pre-1941 residence into a restaurant with outside seating and retail
use on property in the C-2 and R-M:5-12 zone. If no significant environmental impacts are
identified as a result of this project, a Negative Declaration will be recommended and an
Environmental Impact Report will not be required.
PROPERTY OWNER: Dave Flick
The Town of Los Gatos Planning Commission, at its meeting of October 23, 1996, approved the above
application, subject to the conditions below. The conditions in bold are applicable to the Conditional
Use Permit for the restaurant.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. SODA WORKS BUILDING. The Soda Works building shall be dismantled, materials salvaged
and be reconstructed. The reconstruction shall include replacing the facade with the existing
sign, including the insertion of the new wooden storefront and replacing the wall of the building
facing College Avenue.
2. EXTERIOR MATERIALS. Real wood frame windows shall be used with true divided lites.
3. HISTORIC MARKER. A historic marker with photos of the site shall be in at least one of the
buildings.
4. DENTILS. Dentils shall be added to the elevations of the E. Main Street building.
5. RESTAURANT USE. A high quality restaurant use is permitted in the Puccinelli building. A
separate conditional use permit will be required if a restaurant is proposed in any of the
other buildings on the lot.
6. HOURS. Maximum hours of operation for the restaurant shall be 7:30 a.m. to 11 p.m.
seven days a week. No alcohol shall be served earlier than 11:00 a.m.
7. SEATS. The maximum number of seats for the restaurant shall not exceed 76. A maximum
of 44 outside seats are permitted.
8. ALCOHOL SERVICE. The service of beer and wine 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, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins,
relish trays, etc. (hot or cold) are not meals.
(Engineering Section)
9. GRADING PERMIT, A grading permit is required for the on -site parking lot. A separate
application for a grading permit (with grading plans) shall be made to the Development
Engineering Section of the Planning Department. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
EXHIBIT C
Dave Flick - Page 2
34 E. Main Street & 11 College Avenue
October 22, 2003
Unless specifically allowed by the Director of Building and Engineering Services, the grading
permit will be issued concurrently with the building permit.
10. SOILS REPORT. Two copies of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion control.
The reports shall be signed and "wet stamped" by the engineer, in conformance with Section
6735 of the California Business and Professions Code.
11. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before the issuance of any permits.
a. East Main Street. The chord of a 20-foot radius return at the intersection of College
Avenue.
b. Villa Avenue. An area from the intersection with College Avenue, approximately six
(6) inches behind the existing curb, extending easterly approximately 35 feet.
c. Sidewalk Easement. A Sidewalk Easement shall be provided over the sidewalk to be
constructed along the Villa Avenue frontage.
12. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer.
Plans for those improvements shall be prepared by California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the issuance of a building permit or
recordation of a map. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
a. East Main Street. Curb, gutter, "Villa Hermosa" sidewalk, curb ramp, street light, tie-in
paving, signing, striping, storm and sanitary sewers, as required.
b. College Avenue. Curb, gutter, sidewalk, curb ramp, driveway approach, street light,
tie-in paving, signing, striping, storm and sanitary sewers, as required.
c. Villa Avenue. Curb, gutter, meandering sidewalk, curb ramp, driveway approach,
street Tight, tie-in paving, signing, striping, storm and sanitary sewers, as required.
d. Southwesterly corner of East Main Street/College Avenue. Corner improvements, as
shown in the Central Business District Improvements Streetscape Plan, page 4(c).
13. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance of the
building permit.
14. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional to the project's
share of transportation improvements 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 application is made. The fee shall be paid before issuance of
the building permit. The traffic impact mitigation fee for this project using the current fee
schedule and an increase in Average Daily Trips of 277 (Traffic Report dated 8/23/96 by Mark
Wessel, P.E.) is $22,020. The final fee shall be calculated using the rate schedule in effect at
the time of the building permit application.
15. DRIVEWAY WIDTH. The 22 foot width of the proposed driveways on College Avenue and
Villa Avenue shall be increased to 25 feet.
16. AISLEWAY WIDTH. The proposed aisleway of the east -west parking lot shall be narrowed to
a 25 foot minimum width and additional landscaping shall be provided.
17. RADIUS RETURNS. A 4 foot minimum radius curb return shall be provided at the intersection
of the proposed east -west parking lot aisleway and the proposed driveway access to Villa
Avenue. Landscaping shall be provided between parking stall No. 29 and the Villa Avenue
driveway. A minimum 4 foot radius curb return (installed to provide a straight section of curb
that is at least 16 feet long adjacent to parking stall No. 23 and parking stall No. 24) shall be
provided. Minimum 3 foot radius curb returns shall be provided adjacent to parking stall No. 1
at the College Avenue driveway, adjacent to parking stall No. 48 at the College Avenue
driveway, and adjacent to parking stall No. 28 at the Villa Avenue driveway.
Dave Flick - Page 3
34 E. Main Street & 11 College Avenue
October 22, 2003
18. WHEEL STOPS. The concrete wheel stops in the northwest portion of the parking lot shall be
removed and replaced with a continuous curb. The proposed 4 foot wide sidewalk within this
area shall be widened to provide a 6 foot width.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES:
19. LANDSCAPE PLAN. A concise landscaping plan will be required prior to issuance of a
building permit. The landscaping plan is required to have Town approved trees, shrubs, and
groundcovers. A plant legend is also required with type, size, and quantity of proposed plant
materials.
20. TREE REMOVAL. A tree removal permit shall be obtained prior to the issuance of any
permits.
21. GENERAL. All existing trees listed on the plan are specific subjects of approval of this plan,
and must remain on the site.
22. TREE PROTECTION. No construction or grading shall take place within the dripline of
existing trees. Prior to any permits being issued, the applicant shall meet with the Parks
Superintendent concerning the need for protective tree fencing. Such fencing shall be
installed prior to and maintained during construction.
23. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and vegetation.
24. NEW TREES. Newly planted trees shall be double staked, using rubber tree ties and shall be
planted prior to final occupancy.
25. WATER CONSERVATION ORDINANCE. This landscape is required to meet the Town of Los
Gatos Water Conservation Ordinance as per Article IV of Chapter 26 of the Town Code.
Working landscape and irrigation plans shall be submitted for review and approved prior to
issuance of a building permit. A review fee based on current Council Resolution shall be paid
when filed.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES:
26. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All work
shall conform to the applicable Town ordinances. Adjacent public right-of-way shall be kept
clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed
into storm sewers. The storing of goods and materials on the sidewalk and/or 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 maintenance at the
developer's expense.
27. PG&E PARCEL. Written verification that the applicant has rights to use the PG&E parcel must
be provided when a building permit is filed. In addition, when permits are filed, PG&E will be
required to be part of the permit process.
28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall f iotii'y the
Engineering Construction Inspector at least twenty-four (24) hours before starting any work
pertaining to on -site drainage facilities, grading, or paving; and all work in the Town's right-of-
way. Failure to do so will result in rejection of work that went on without inspection.
29. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans shall b�:
prepared and submitted to the Engineering Development Section of the Planning Department,
A maximum of two weeks is allowed between clearing of an area and stabilizing/building on
this area if grading that is allowed to go on during the rainy season. In additici straw bales
Dave Flick - Page 4
34 E. Main Street & 11 College Avenue
October 22, 2003
and plastic sheeting shall be stored on -site for emergency control, if needed. Install filter
berms, check dams, retention basins, silt fences, and straw bale dikes as needed on the
project site, to protect downstream water quality during winter months.
30. UTILITIES. The developer must agree to install all utility service, including telephone, electric
power, and other communications lines underground, according to Town policy.
31. RESTORATION OF PUBLIC IMPROVEMENTS. 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, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or
pavement signs shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvements to be repaired or replaced shall be at the direction
of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
32. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standards. An inspection made at the time the planning application
was filed showed a minimum of twenty-five (25) linear feet of curb and gutter currently in need
of repair. Limits of curb and gutter repair will be determined by the Engineering Construction
Inspector during the construction phase.
33. CURB RAMPS. The developer shall construct three (3) curb ramp(s) according to State
Standard Drawings, both ends of the crosswalk at E. Main Street/College Avenue and at
College AvenueNilla Avenue. The actual "Case" as shown on the standard to be used will be
decided by the Engineering Construction Inspector during the construction phase.
34. DRIVEWAY APPROACH. The developer shall install two (2) Town Standard Commercial
driveway approaches. The new driveway approaches shall be constructed per Town
Standard Detail S-5.
35. AS -BUILT PLANS. After completion of the construction of all work in the public right-of-way or
easements, and before the release of the Faithful Performance Security, the original plans
shall have all changes (change orders and field changes) clearly marked. The "As -built" plan
shall again be signed and "wet -stamped" by the engineer of record, attesting to the changes.
A "Mylar" copy of the signed "As -built" plans shall be provided to the Town.
36. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit.
37. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
38. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
39. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
40. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
41. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted
with the Building Permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
Dave Flick - Page 5
34 E. Main Street & 11 College Avenue
October 22, 2003
42. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report
and the building pad elevation and on -site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
43. MULTI -FAMILY ACCESSIBILITY REGULATIONS: The apartments shall be designed in
accordance with the requirements of the current State of California multi -family accessibility
regulations.
44. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms for
residential and non-residential shall be blue lined on the construction plans.
45. PLANS: The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
46. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with the
latest California Title 24 Accessibility Standards.
47. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards for disabled. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
48. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall comply with the latest
California Title 24 Accessibility Standards.
49. COMMERCIAL - RESTAURANT USE: Meet all requirements of the County Health
Department and West Valley Sanitation District for the interception, separation, or
pretreatment of effluent. Proper size grease trap shall be required for any restaurant use.
The following agencies will review the grease trap requirements before issuance of the
building permit:
a. West Valley Sanitation District: 378-2408
b. County Health Department: 299-6060
c. Town Parks, Forestry & Maintenance Services Department: 354-6808
50. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the Building Permit, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Department Service Counter. The Town Special inspection schedule shall be blue lined on
the construction plan.
51. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal.
The specification sheet (Size 24" X 36") is available at the Building Department service
counter.
52. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a. West Valley Sanitation District: 378-2408
b. Central Fire District: 378-4015
c. Los Gatos School District: 395-5570
Note: Obtain the School district form from the Town Building Department, after the
Building Department has approved the application for permit.
d. County Health Department: 299-6060
Dave Flick - Page 6
34 E. Main Street & 11 College Avenue
October 22, 2003
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
53. REQUIRED FIRE FLOW. The required fire flow for each building is as follows:
Retail/Residential: 3000 GPM at 20 psi. residual pressure.
Restaurant: 1500 GPM at 20 psi. residual pressure.
Soda Works: 1500 GPM at 20 psi. residual pressure.
54. AUTOMATIC FIRE SPRINKLER SYSTEM: Buildings requiring greater than 2000 GPM fire
flow shall be equipped with an automatic fire sprinkler system throughout all portions of the
building.
55. KEY BOX. Provide an approved fire department key box and appropriate building keys.
56. ALARM. Provide approved type monitoring for all fire sprinkler system alarm devices.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
57. 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.
58. MUSIC. There shall be no amplified music or public address system in the outside patio
area.
Pursuant to Section 29,20.320 of the Town Code, this approval will expire two years from the date of this
approval (expires October 23, 1998) unless the approval is used before expiration. Section 29.20.335 defines
what constitutes the use of an approval granted under the Zoning Ordinance.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town
Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be
considered final, and no permits by the Town will be issued until the appeal period has passed.
Reasonable extensions of the time not exceeding one year may be granted upon application to and approval
by the Planning Commission. Extensions can be granted only if approved by the Commission prior to the
expiration of the approval. Therefore, it is recommended that applications for time extension be filed with the
Planning Department at least sixty days prior to the expiration of the approval.
Dave Flick - Page 7
34 E. Main Street & 11 College Avenue
October 22, 2003
Enclosed you will find important information to assist you in completing your project. If you have any
questions, please contact Sandy Baily of this department at (408) 354-6873.
Very truly yours,
Lee E. Bowman
Planning Director
LEB:SLB:sm
SM 17\LETTERS\10-23-96.#2
RECOMMENDED CONDITIONS OF APPROVAL FOR:
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit Application to expand from
beer and wine to full liquor service (Tapestry) on property zoned C-2. APN 529-29-052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
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
Exhibit E in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission, depending on 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.
3. RESTAURANT USE: A high quality restaurant use is permitted in the Puccinelli building. A
separate conditional use permit will be required if a restaurant is proposed in any of the other
buildings on the lot.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 76.
A maximum of 44 outside seats are permitted.
5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shaII be 7:30 a.m.
to 11 p.m. seven days a week. No alcohol shall be served earlier than 11:00 a.m.
6. HOURS OF ALCOHOLIC BEVERAGE SERVICE: The maximum hours of alcoholic beverage
service shall be from 11:00 a.m. till 11:00 p.m. seven days a week.
7. ALCOHOL SERVICE: The service of beer, wine, and liquor 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, or dinner). Appetizers such as popcom, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
8. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the applicant receives
future approval of live entertainment.
9. SEPARATE BAR: A separate bar is not permitted at this location.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
10. UNIFORMED SECURITY: Uniformed privately provided security guards may be required in
or around the premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
11. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic meetings
will be conducted with representatives from the Police Department for on -going employee
training on alcoholic beverage service to the general public.
12. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California Restaurant -
EXHIBIT D
11 College Avenue / U-04-6
November 12, 2003
Page 2
Association
13. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
14. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
15. MUSIC: There shall be no amplified music or public address system in the outside patio area.
N:1DEVICONDITNS111College.wpd
To Whom It May Concern,
We, Tapition, Ltd., as General Partner for Tapestry Restaurant, L.P.,
are requesting that the Town of Los Gatos amend our existing Conditional
Use Permit to allow us to pursue a Type 47 Liquor License.
Tapestry was opened five years ago. We applied for a Type 41 (On -
Sale Beer and Wine) license for a number of reasons. We had very limited
seating for our bar (6 seats) and not much storage space to work with. We
wanted our focus to be on food and wine, as Tapestry is a restaurant, not a
bar. Most of the other local restaurants were working with wine and beer
licenses, so we felt that we would be on equal footing with the competition.
The trend at that time among diners at restaurants such as Tapestry was to
drink wine with dinner, and the pre -dinner cocktail was not a part of most
people's experience.
Much has changed during the past five years. We still have limited
seating and storage, and no desire to transform ourselves into a bar.
However, since we opened our doors, the competitive landscape has
changed. Willow Street Pizza added a full bar as did the Los Gatos Brewing
Company. California Cafe and Steamers both reopened, with full bars. Cafe
Primavera came to town, with a full bar, as have both Kuleto's and most
recently, Forbes Mill Steak House. This, along with the opening of Santana
Row and all of its restaurants, has significantly altered the restaurant
business landscape. We feel that we are now at a competitive disadvantage,
and seek permission to address this problem. As I'm sure you know, the
economic slowdown has created a multitude of problems for small
businesses. Many such businesses are struggling to survive. We feel that it
is crucial to our continued survival that we be permitted to purchase the
liquor license we now need.
Thank you very much for your consideration of this request.
According to the ABC, new Type 47 licenses will be available in a few
weeks, and we hope to be able to obtain one. We appreciate your help in
this matter.
Gary Messick
For Tapestry Restaurant L.P.
;> 200
GATOS
DEVELOPMENI
� � E
REPORT TO:
FROM:
LOCATION:
EXHIBITS:
REMARKS:
Date: November 10, 2003
For Agenda Of: November 12, 2003
Agenda Item: 3
ADDENDUM
The Planning Commission
The Director of Community Development
11 College Avenue
Conditional Use Permit U-04-6
Requesting approval to modify an existing Conditional Use Permit
Application to expand from beer and wine to full liquor service
(Tapestry) on property zoned C-2. APN 529-29-052
PROPERTY OWNERS: Dave Flick
APPLICANT: Tapestry Restaurant, LP
A-E. Previously Submitted
F. E-mail from neighbor, received November 5, 2003
Exhibit F was received after the report on this matter was finalized.
Bud N. Lortz Direc or of ' ctununity Development
Prepared by: Joel Paulson, Planner
BNL:JP:mdc
cc: Dave Flick, P.O. Box GF, Los Gatos, CA 95031
Tapestry Restaurant, Attn: Gary Messick, 11 College Ave.,
Los Gatos, CA 95030
N:1DEVIREPORTSI11 College2ADD.wpd
Attachment 6
Page 1 of 1
Marilyn Cosden - CUP U-04-6
From: BOB SIMONS <bob.simons@usa.net>
To: <attorney@town.los-gatos.ca.us>
Date: 11/4/2003 8:35 PM
Subject: CUP U-04-6
NOV 0 6 2003
TOWN OF LOS GATOS
PLANNING DEPARTMENT
Mrs. Simons and I have resioded at 51 College Ave for 25+ years. We are
unable to attend the Planning Commission's 11/12 meeting and would appreciate
having our views passed along to the Commission. We are in FAVOR of permiting
the Tapestry restaurant to have full liquor service. This is a relatively
small restaurant that caters to locals for outstanding food. Full liquor
service is a good idea to complement this specific restaurant's menu and
clientele and we envision no problems whatsoever. Thank you. BoB Simons
Exhibit F
file://C:\Documents%20and%20Settings\MCosden\Local%20Settings\Temp\GW 100001.... 11/5/2003
RESOLUTION 2001 - 106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
resalt n an increase of calls for police services and compromise the quality of life for Town
reside rtts; 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 is_=.ues
relating to service of alcoholic beverages; and
WHEREAS, the Tovm Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
Attachment 7
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YORHE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE 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 in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. .Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
.on the merits of the application and subject to the following requirements:
General policy
1. The Town shall continue to strongly discourage new applications for stand alone bars
or restaurants with separate bars,
2, The Town shall continue to discourage applications for entertainment establishments
serving alcoholic.beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
Ar After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays,
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5 Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
B. • At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on -going employee
training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
I7. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
E. , Taxicab telephone numbers shall be posted in a visible .location.
6. The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past 10PM:
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.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
DI Specific Policy
1, Restaurants:
Alcoholic beverages may only be served with meals,
2. Restaurants With Separate Bars:
'Alcoholic beverag , service is permittedin the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 FM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific houi-q of
operation for each establishment are determined upon issuance of a conditional use
permit. .
rv. Review Process
1. •Proposals for new bars or, restaurants with bars and ail 'requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
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 any comments regarding the operation
of the business shall be solicited.
c. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the. Director ,shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing 'pursuant to Section 29.20.3 l0 of the Zoning
Ordinance.
Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.3 l0(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;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains
the right of review and approval (or denial) of each project based on its merits.
N:TENSUZAINECatrnalAkobotPo6cy12901SvfnfpoEcy.ivpd
' BSA
PUBLIC HEARING - NOVEMBER 12,' 103
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MR. KORB: Right.
COMMISSIONER TREVITHICK: Thank you.
CHAIRMAN DUBOIS: Okay. Commissioner
Quintana.
COMMISSIONER QUINTANA: What is the
difficulty of there being four lots instead of
three?
MR. WILLIAMS: The Council directed ree
the
ndition to
lot subdivision. I think ifthe concern is,
Town Attorney pointed out, is make a ens ce and condition
grant an easement over that o
p
the CC&Rs to maintain it.
COMMISSIONER QUIN
that, but I think the Council'
houses, not necessarily jus
MR. WILLIAMS: It w
lots.
COMMISSION
CHAIRMAN DU
make any more
modifications?
co
co
CH
Turn
COMM
TAN Okay. I can see
s i tent was three
hree lots.
specifically three
ER UINTANA: Okay.
IS: Okay. Do we wish to
odttfications to the motion or suggest
VA
•
COMMIS ONER QUINTANA: Well - go ahead.
SIONER TALESFORE: Are you -
AI MAN DUBOIS: Commissioner Talesfore.
our mike on.
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Page 26
COMMISSIONER TALESFORE: I'd like to make
the condition that you just offered to us about the
CC&Rs and the easement.
MR. KORB: Let me make -
COMMISSIONER TALESFORE: For the - o how
we - okay.
MR. KORB: If I could make -
COMMISSIONER TALESFORE: Yes.
MR. KORB: If I could make a sugg= tion.
COMMISSIONER TALESFORE: ank you.
MR. KORB: As you know, this i- a PD,
which means that your decision I be a recommended
decision to the Council. If you -te in your
motion a - an added conditio be added - addressed
to insure that the open spa.- is available to
person - to users other t - n the owner of that
parcel, then we will, se. - rate and apart from, you
know, working here t• night on language, develop
language with the _ . plicant to insure that when it
goes to Council at intent will be fulfilled.
COMMISSIO ER DREXEL: All right. Then
I - then I so r •commend.
COMMI IONER TALESFORE: And I second it.
CHAI AN DUBOIS: Okay. We have a motion
on the oor. There are no more comments. I'm
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Page 27
going to call for the question. All those in favor
of the motion, signify by saying aye.
(Ayes.)
CHAIRMAN DUBOIS: Opposed?
COMMISSIONER QUINTANA: No.
CHAIRMAN DUBOIS: Motion car with one
dissenting, Commissioner Quinta • dissenting.
MR. KORB: As stated, this a
recommended decision on - one change to the Town
Council. Having been ap ' oved, it will
automatically be sche' led for hearing before the
Town Council. Not e will be provided to all
interested parties.
CHAIRMAN DUBOIS: Next item on the agenda
is 11 College Avenue, Conditional Use Permit U-04-6,
requesting approval to modify an existing
Conditional Use Permit application to expand from
beer and wine to full liquor service. This is the
Tapestry Restaurant. Property zoned C-2. Can I
have the applicant please come forward and identify
yourself for the record. Yes.
COMMISSIONER TREVITHICK: - recuse myself
from this. I'm within 500 feet of the property.
CHAIRMAN DUBOIS: Thank you, Commissioner
Trevithick.
Page 28
GARY MESSICK: Good evening. I'm Gary
Messick, representing Tapestry. And we're simply
asking to have our Conditional Use Permit changed so
that we would be allowed to pursue a full and
complete liquor license in our existing (inaudible).
CHAIRMAN DUBOIS: Okay. Are there
questions for Mr. Messick? Commissioner.
COMMISSIONER TALESFORE: I'm just curious,
you're - are you planning on also making available
to the outside patio area your change in the
liquor - I mean, in hard liquor as well? Will that
be part of it?
GARY MESSICK: No.
COMMISSIONER TALESFORE: And how - pardon
me?
GARY MESSICK: At this point, you know,
it's walled, and we are - we've been serving wine
and beer out there for about a year, so -
COMMISSIONER TALESFORE:
wanted to know. It's walled?
GARY MESSICK: Yes.
COMMISSIONER TALESFORE:
That's what I
Okay. Thank you.
CHAIRMAN DUBOIS: Are there any other
questions for Mr. Messick? Commissioner Drexel.
COMMISSIONER DREXEL: Do you - do you do
ATTACHMENT 4
ADVANTAGE REPORTING SERVICES, LLC (408) 920-0222
Page 25 to Page 28
BSA
IBLIC HEARING -
NOVEMBER 12, 200?
X Ax(818)
Page 29
much take-out? Do you do any?
GARY MESSICK: We do some.
COMMISSIONER DREXEL: Okay, you do a
little bit, all right. And that's -
GARY MESSICK: Not as much we'd like,
but -
COMMISSIONER DREXEL: Okay. That's just a
question for the future. Wouldn't - it wouldn't
bother you if we - if we limited your take-out to,
say, ten percent of your business or something like
that, would it?
GARY MESSICK: No. I'd be happy for it to
grow to ten percent.
COMMISSIONER DREXEL: All right. That
sounds - that sounds good, thank you.
CHAIRMAN DUBOIS: Okay. Any other
questions? Seeing no other questions, I thank you,
sir. I have one card from the audience, and that is
Mr. Flick. Dave Flick.
DAVE FLICK: Good evening. I'm Dave
Flick. 130 Stacia Street, Los Gatos. I'm the owner
of (inaudible) Plaza and Tapestry Restaurant
building. And I just wanted to point out to you
that it is entirely managed and owned, all the
buildings on the site are owned and controlled by
Page 30
us, so there isn't an issue with the tenants in the
upstairs apartments. They don't have any problem
with it.
They've been really excellent tenants, the
restaurant, for - for a long time. We've never had
any problems with them. I think he's in a little
bit of an unfair disadvantage right now with the
other restaurants in Town that have full bar
service, and I - personally, I've planned things
there before and had recommendations from people,
well, we'd like to go someplace where we can have a
cocktail or two, some of the people that don't drink
the wine. I think it kinds of puts them on a even
keel with some of the other restaurants, that they
do have that.
Again, it's not a bar. It's not -
alcohol's not allowed without the service of food.
What it is is just an extension of his restaurant
services, and I think he deserves it, and I think he
really needs (inaudible).
CHAIRMAN DUBOIS: Are there any questions
for Mr. Flick? Commissioner Talesfore.
COMMISSIONER TALESFORE: Did you say that
you also managed the apartments that are nearby?
DAVE FLICK: Yeah. The - the upstairs
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Page 31
above The Tangles, I own all those buildings, and
part of -
COMMISSIONER TALESFORE: Okay. And so -
DAVE FLICK: - one (inaudible).
COMMISSIONER TALESFORE: - you were
notified about this, obviously, 'cause you're here.
I'm just curious, did you -
DAVE FLICK: I own all the buildings on
site.
COMMISSIONER TALESFORE: I know that.
DAVE FUCK: Oh, okay.
COMMISSIONER TALESFORE: And those are
apartments above?
DAVE FLICK: Yes. They're penthouses, but
they're - they're owned by me.
COMMISSIONER TALESFORE: Okay. So my
question is did you also inform your tenants that
this is going to -
DAVE FLICK: The tenants are well aware of
it, yeah.
COMMISSIONER TALESFORE: Thank you.
DAVE FLICK: They're the ones who get
take-out.
CHAIRMAN DUBOIS: Okay. Are there any
other questions? Okay. Are there any other
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Page 32
questions for the applicant? Seeing no other
questions, I'm going to close the public hearing,
return this to the Commission for questions of
Staff, comments or a motion. Commissioner Drexel,
were you waving your finger at something?
COMMISSIONER DREXEL: I can do a motion -
CHAIRMAN DUBOIS: Let's go for it. You're
a good motion maker.
COMMISSIONER DREXEL: Okay. I move we
forward this request to the Town Council with the
recommendation to modify the applicant's Conditional
Use Permit, U-04-6, with the conditions in
Exhibit D, plus the following conditions:
That there shall be no dedicated walk-up
counter, no more than ten percent of applicant's
business shall be take-out. That really isn't
directed to the applicant so much as future holders
of this who might be affected by the CUP in the
future, so this is just like posterity.
As required by Section 29.20.190 of the
Town Code for granting a Conditional Use Permit, we
find that the proposed use of the property is
desirable to the public convenience, since it
provides choice for those wishing to have cocktails
with dinner.
Page 29 to Page 32
(408) 920-0222 ADVANTAGE REPORTING SERVICES, LLC
BSA
PUBLIC HEARING -
NOVEMBER 12, 2"03
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The proposed use will not impair the
integrity and character of the zone, since the
restaurant will continue to operate.
The proposed use will not be detrimental
to public health, safety or general welfare as shown
by other similar restaurants in the area, such as
Colletto's and Forbes Mill, which have bars and
don't seem to have any trouble from Scott Seamans,
the Chief of Police, so your facility without a bar
should even present lesser of a threat.
The proposed uses of the property are in
harmony with the various elements and objectives of
the General Plan and its purposes.
As required by Council Resolution 2001-106
for policies regulating the sale of alcoholic
beverages, we make the following findings:
The late night service will not adversely
affect or impact adjacent residential neighborhoods,
since the hours of alcohol service are limited and
conditions have been included which can require
security guards.
The applicant does not have a history of
complaints and noncompliance with local ordinance or
the Alcohol Beverage Policy as stated in our Staff
Report.
Page 34
The applicant has demonstrated a clear
benefit to the community by providing choices for
diners.
As required by Section 15301 of the State
Environmental Guidelines as Adopted by the Town of
Los Gatos, this project is categorically exempt from
environmental review.
CHAIRMAN DUBOIS: Question - question,
Commissioner Talesfore?
COMMISSIONER TALESFORE: No. Oh, I'll
second it.
CHAIRMAN DUBOIS: Do you have a question?
You're seconding?
COMMISSIONER TALESFORE: Yeah.
CHAIRMAN DUBOIS: Okay.
COMMISSIONER TALESFORE: With - and the
reason -
CHAIRMAN DUBOIS: I have a question of
Staff here. Do we have a - do we have to a - find
a consistency for redevelopment plan?
MR. WILLIAMS: No. 'Cause you're just
forwarding the recommendation on the CUP to -
CHAIRMAN DUBOIS: Okay. I mean, its one
of the findings in here. I was just checking.
COMMISSIONER DREXEL: Oh, did I miss
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Page 35
something?
CHAIRMAN DUBOIS: Well, I just want to
check with - I -
MR. WILLIAMS: Yes, you should make that
finding, that it's consistent with the General Plan.
CHAIRMAN DUBOIS: And our redevelopment
plan.
COMMISSIONER DREXEL: Oh, I didn't do
that.
CHAIRMAN DUBOIS: No.
COMMISSIONER DREXEL:
Where is it?
CHAIRMAN DUBOIS: It's consistent with the
Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area.
COMMISSIONER DREXEL: It's consistent with
the Redevelopment Plan for the Central Los Gatos
Redevelopment Area.
CHAIRMAN DUBOIS: Project Area.
COMMISSIONER DREXEL: Project Area.
COMMISSIONER MICCICHE: I still second.
CHAIRMAN DUBOIS: You're still seconding
it. Okay. Do we have questions? Commissioner
Talesfore.
COMMISSIONER TALESFORE: No, I - I just
Redevelopment, okay.
Page 36
(1) wanted to make a comment that I would support this,
(2) because I don't believe that the intent here is to
(3) turn this into a bar area inside the restaurant.
(4) Okay. And that's why I'm supporting it. I know you
(5) have a little tasting bar there, but I don't think
(6) that you're going to encourage a standing crowd.
(7) Thank you.
(8) CHAIRMAN DUBOIS: Okay. All those in
(9) favor of the motion - you have a comment,
(10) Commissioner Quintana, before I call the motion?
(11) COMMISSIONER QUINTANA: Do we want to make
(12) that one of the conditions? That -
(13) CHAIRMAN DUBOIS: It's already in there.
(14) COMMISSIONER QUINTANA: It's already in
(15) there? Okay.
(1s) CHAIRMAN DUBOIS: Yeah. Okay. All those
(17) in favor of the motion, signify by saying aye.
(1s) (Ayes.)
(19) CHAIRMAN DUBOIS: Carries unanimously,
(20) with Commissioner Trevithick recused. I'm sorry?
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(24) ///
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ADVANTAGE REPORTING SERVICES, LLC
(408) 920-0222 Page 33 to Page 36
B IBLIC HEARING - NOVEMBER 12, 200?
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Page 37
(1) MR. KORB: Okay. Again, this is a
(2) recommended decision to the Town Council. A public
(3) hearing will be held before the Council. Separate
(4) notice will be provided.
(5) (End of Items 2 and 3.)
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Page 38
(1)
(2) I, LISAA. GLANVILLE, C.S.R. #9932, a
(3) Certified Shorthand Reporter in and for the State of
(4) California, do hereby certify:
(s) That the preceding tape transcription was
(s) taken down by me in shorthand to the best of my
(7) ability and thereafter reduced to computerized
(8) transcription under my direction and supervision,
(9) and I hereby certify the foregoing transcript is a
(10) full, true and correct transcript of my shorthand
(11) notes so taken.
(12) I further certify that I am neither
(13) counsel for nor related to any party to said action
(14) nor interested in the outcome of this action.
(1s) Witness my hand this day of
(1s) December, 2003.
(17)
(18)
(19) LISA A. GLANVILLE
CSR No. 9932
(20) State of California
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Page 37 to Page 38
(408) 920-0222 ADVANTAGE REPORTING SERVICES, LLC
Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time
ITEM
ACTION ON ITEM
ITEM 11 continued
Motion by Mrs. Decker, seconded by Mr. Pirzynski. To waive the
reading of the Proposed Ordinance. Carried unanimously.
TITLE READ
The Town Clerk read the Title of the Proposed Ordinance.
ITEM 11
Motion by Mrs Decker, seconded by Mr. Pirzynski, that Council
Introduce Proposed Ordinance entitled, ORDINANCE OF THE
10 MONROE COURT
TOWN OF LOS GATOS AMENDING THE ZONING 1
ORDINANCE EFFECTING A ZONE CHANGE FROM RM:12-
FINAL MOTION
20 TO RM:12-20:PD AT 10 MONROE COURT. Carried
unanimously.
PUBLIC HEARING
PUBLIC HEARING
8:35 PM
ITEM 12
TAPESTRY
RESTAURANT
COLLAGE AVENUE
11 COLLEGE AVENUE/TAPESTRY RESTAURANT (12.15)
Mayor Glickman stated that this was the time and place duly noted
for public hearing to consider recommendation of the Planning
Commission for approval to modify an existing Conditional Use
Permit Application to expand from beer and wine to full liquor
service (Tapestry) on property zoned C-2. APN 529-29-052.
Conditional Use Permit U-04-6. Property Location: 11 College
Avenue. Property Owner: Dave Flick. Applicant: Tapestry
Restaurant.
Bud Lortz, Director of Community Development, gave an overview
of the proposal and recommendations from the staff report.
Council Comments: That this restaurant will not be considered as a
take out restaurant. That there will be no stand alone bar installed in
the restaurant. That outside diners will be able to receive a drink.
ITEM 12
SPEAKER
Gary Messick, applicant, representing Tapestry, asked for the
opportunity to compete with other local restaurants that have been
allowed full liquor service with their restaurants.
18:43 PM
ITEM 12
TAPESTRY
RESTAURANT
Mayor Glickman closed the public hearing.
Council Consensus that council accept the report in the form of
meeting minutes from the Planning Commission regarding a
modification of a Conditional Use Permit.
ITEM 12
11 COLLEGE
AVENUE
FINAL MOTION
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to approve
the application subject to the proposed conditions, making the
required findings in Attachment 1, and requiring that there shall be
no dedicated walk up counter for take out . Carried unanimously
A:1MM-01-05-04-Converted Word Perfect from Word Doc-2.wpol/27/2004
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