12 Staff Report - 11 College AvenueDATE:
TO:
FROM:
SUBJECT:
MEETING DATE:115/04
ITEM NO.IdA
COUNCIL AGENDA REPORT
December 16,2003
MAYOR AND TOWN COUNCIL ~~
DEBRA J.FIGONE,TOWN MANAGER \JvV"'l '<~
.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 A VENUE (APN 529-29-052).PROPERTY
OWNER:DAVB 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)
=5~'&;~
PREPAREQBY:BudN.Lort~\'-"~
Director of Community Development
f~.I
.f\,./'.
Scott SeamaTj 'eJjJ j,~
Chief of Police
Reviewed by:960 Assistant Town Manager ~Town Attorney Clerk.__Finance
"~Community Development Revised:12116/03 3:59 pm
Reformatted:5/30/02
Page 2
MAYORANDTOWNCOUNC~
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 A venue.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,iilc11"lding 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 s,eparate 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 AI~oholic
Beverage Policy (Attachment 7),the CommissIon forwarded the matter to Towl1 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:Staffis 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
T-here is'no history of complaints or non-compliance with local ordinances or the Alcohol
Beverage Policy;and
Page 3
MAYORAND 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 ASSESSNlENT:
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 StaffReport for the Planning Commission meeting of November l
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
oated November 10,2003 for the meeting of November 12,2003.
7.Resolution 2001-106
Distribution:
Dave Flick,:e.O.Box GF,Los Gatos,CA 95031
Tapestry Restaurant,Attn:Gary Messick,11 College Ave.,Los Gatos,CA 95030
BNL:JP:
N:\DEV\CNCl;RPTS\llCollege.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 Comlitional Use
Pennit.
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'.
Tr..e 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 rv.B).
As required by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:\DEV\FINDINGS\llCollege.wpd
Attachment 1
PLANNING DEPARTMENT
(408)3S4~6872
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 Architect.ure 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:S~12 zone.If no significantenvironmentallmpacts 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.H ISTO RIC 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 quamy 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
Da'le Flick -Page 3
84 E.Main Street &11 College Avenue
Octuber 22,2003
i 8.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 withtyp'e,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 specific8ubjects of .approval of this plan,
and must remain on the site.
22.TREE PROTECTION.No construction Of grt;!.dil)g shall takeplace,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.IRRIGAJION.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 sta,keq,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 lancjscape 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.shalJ 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 ma.terials on the sidewa.lk and/or street will not
be allowed unless a special permit is issued.The developer's rEJpresElntative in chargb shall
be at the job site during all working hours.Failure to maintain the ·public right-ot-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 ri~hts to usethe PG&E parcel must
be provided when a,building permit is filed.In addition,When permits are filed,PG&E will be
required tJ be part of the permit process.
28.PUBLIC WORKS INSPECTIONS.The developer or his representative shali notify the
Engineering Construction Inspector at least twenty-four (24)hours before starting any v'fOrk
pertaining to on-site drainage facilities,grading,or paving;and all work ill the Town's right-of-
way.Failure to do so will result in rejection of work that went on without :nSD8ction.
29.EROSldN CONTROL (COMMERCIAL).Interim and final erosion control p(ans shall br"
prepared and submitted to the Engineering Development Sectionof the Planning Departrm.'n~.
A rnaximum of two weeks is allowed between clearing of an area and stabilizing/buifdir,g on
this area if grading that is allowed to go on during the rainy season.In additic,Il,straw bales
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 requirementsofthe 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 7
341=.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
SM17\LETTERS\10-23-96.#2
RECOM:MENDED 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.NU1v1BER 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 oonducted 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
ad¢esse~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 <;>Utside patio area.
N :\DEV\CONDITNS\llCollege.wpd
BSA PUBUC HEARING·NOVEMBER 12,2003
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11 )
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 25
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.WIWAMS:The Council directed ree
lot subdivision.I think if the concern is,the
Town Attorney pointed out,is make a ndition to
grant an easement over that open s ce and condition
the CC&Rs to maintain it.
COMMISSIONER QUINTAN Okay.I can see
that,but I think the Council's i tent was three
houses,not necessarily jus hree lots.
MR.WILLIAMS:Itw specifically three
lots.
CO~.MlSSIONER UINTANA:Okay.
CHAIRMAN DU IS:Okay.Do we wish to
make any more odifications to the motion or suggest
modifications?
COMMIS ONER QUINTANA:Well-go ahead.
COMM SIONER TALESFORE:Are you-
CHAI MAN DUBOIS:Commissioner Talesfore.
Turn our mike on.
/
Page 27
(1)going to call for the question.All those in favor
(2)of the motion,signify by saying aye.
(3)(Ayes.)
(4)CHAIRMAN DUBOIS:Opposed?
.(5)COMMISSIONER QUINTANA:No.
(6)CHAIRMAN DUBOIS:Motion car .with one
(7)dissenting,Commissioner Quinta dissenting.
(8)MR.KORB:As stated,this'a
(9)recommended decision on one change to the Town
(10)Council.HaVing been ap oved,it will
(11)automatical"}'be sche led for hearing before the
(12)Town Council.No'e will be provided to all
(13)interested parties.
(14)CHAIRMAN DUBOIS:Next item on the agenda ~
(15).....li.::.s....:.1..:.1..:::C::.::o~lI~eg:::l:e~A~ve~n~u::::e:.....:::C~0~n~d~iti~0~n.liloalwU"'s;l.l;e...P;.,.ie...rrn.u..wjt....U,j;;-~04-=6_~'-_
(16)requesting approval to modify an existing
(17)Conditional Use Permit application to expand from
(18)beer and wine to full liquor service.This is the
(19)Tapestry Restaurant.Property zoned C-2.Can I
(20)have the applicant please come forward and identify
(21)yourself for the record.Yes.
(22)COMMISSIONER TREVITHICK:-recuse mysetf
(23)from this.I'm within 500 feet of the property.
(24)CHAIRMAN DUBOIS:Thank you,Commissioner
(25)Trevithick.
Page 26
(1)COMMISSIONER TALESFORE:I'd like to make
(2)the condition that you just offered to us about the
(3)CC&Rs and the easement.
(4)MR.KORB:Let me make -
(5)COMMISSIONER TALESFORE:Forthe -0 how
(6)we -okay.
(7)MR.KORB:If I could make -
(8)COMMISSIONER TALESFORE:Yes.
(9)MR.KORB:If I could make a sugg tion.
(10)COMMISSIONER TALESFORE:ankyou.
(11)MR.KORB:As you know,this i a PO,
(12)which means that your decision I be a recommended
(13)decision to the Council.If you te in your
(14)motion a -an added conditir be added -addressed
(15)to insure that the open SEa is available to
(16).person -to users other t n the owner of that
(17)parcel,then we Will,se?rate and apartfrom,.you
(18)know,working here t9'hight on language,develop
(19)language with the ~plicant to insure that when it
I
(20)goes to Council Y'fat intent will be futfilled.
(21)COMMISSIq,NER DREXEL:All right.Then
(22)I -then I so ¢'~ommend.
(23)COMMIsSIONER TALESFORE:And I second it.
(24)CHAIRtiAN DUBOIS:Okay.We have a motion
(25)on theJk,or.There are no more comments.I'm
/
Page 28
(1)GARY MESSICK:Good evening.I'm Gary
(2)Messick,representing Tapestry.And we're simply
(3)asking to have our Conditional Use Permit changed so
(4)that we would be allowed to pursue a full and
(5)complete liquor license in our existing (inaudible).
(6)CHAIRMAN DUB9IS:Okay.Are there
(7)questions for Mr.Messick?Commissioner.
(8)COMMISSIONER TALESFORE:I'm just curious,
(9)you're -are you planning on also making available
(10)to the outside patio area your change in the
(11)liquor -I mean,in hard liquor as well?Will that
(12)be part of it?
(13)GARY MESSICK:No.
(14)COMMISSIONER TALESFORE:And how -pardon
(15)me?
(16)GARY MESSICK:At this point,you know,
(17)it's walled,and we are -we've been serving wine
(18)and beer out there for about a year,so -
(19)COMMISSIONER TALESFORE:That's what I
(20)wanted to know.It's walled?
(21)GARY MESSICK:Yes.
(22)COMMISSIONER TALESFORE:Okay.Thank you.
(23)CHAIRMAN DUBOIS:Are there any other
(24)questions for Mr.Messick?Commissioner Drexel.
(25)COMMISSIONER DREXEL:Do you -do you do
·A'ITACHMENT 4
ADVANTAGE REPORTING SERVICES,LLC (408)920-0222 Page 25 to Page 28
BSA PUBLIC HEARING -NOVEMBER 12,2003 XMAX(818)
Page 29
(1)much take-out?Do you do any?
(2)GARY MESSICK:We do some.
(3)COMMISSIONER DREXEL:Okay,you do a
(4)little bit,all right.And that's -
(5)GARY MESSICK:Not as much we'd like,
(6)but-
(7)COMMISSIONER DREXEL:Okay.That's just a
(8)question for the future.Wouldn't -it wouldn't
(9)bother you if we -if we limited your take-out to,
(10)say,ten percent of your business or something like
(11)that,would it?
(12)GARY MESSICK:No.I'd be happy for it to
(13)graY"to ten percent.
(14)COMMISSIONER DREXEL:All right.That
(15)sounds -that sounds good,thank you.
(16)CHAIRMAN DUBOIS:Okay.Any other
(17)questions?Seeing no other questions,I thank you,
(18)sir.I have one card from the audience,and that is
(19)Mr.Flick.Dave Flick.
(20)DAVE FLICK:Good evening.rm Dave
(21)Flic.k.130 Stacia Street,Los Gatos.I'm the owner
(22)of {inaudible)Plaza and Tapestry RestaLirant
(23)bUilding.And I just)Vanted to point out to you
(24)that it is entirely managed and owned,all the
(25)buildings on the site are owned and controlled by
Page 30
(1)us,so there isn't an issue with the tenants in the
(2)upstairs apartments.They don't have any problem
(3)with it.
(4)They've been really excellent tenants,the
(5)restaurant,for -for a long time.We've never had
(6)any problems with them.I think he's in a little
(7)bit of an unfair disadvantage right now with the
(8)other restaurants in Town that have full bar
(9)service,and I -personally,I've planned things
(10)there.before and had recommendations from people,
(11)well,we'd like to go someplace where we can have a
(12)cocktail or two,some of the people that don't drink
(13)the wine.I think it kinds of puts them on a even
(14)keel with some of the other restaurants,that they
(15)do have that.
(16)Again,it's not a bar.It's not-
(17)alcohol's not allowed without the service of food.
(18)What it is is just an extension of his restaurant
(19)services,and I think he deserves it,and I think he
(20)really needs (inaudible).
(21)CHAIRMAN DUBOIS:Are there any questions
(22)for Mr.Flick?CommissionerTalesfore.
(23)COMMISSIONER TALESFORE:Did you say that
(24)you also managed the apartments that are nearby?
(25)DAVE FLICK:Yeah.The -the upstairs
Page 31
(1)above The Tangles,I own all those buildings,and
(2)part of-
(3)COMMISSIONER TALESFORE:Okay.And so -
(4)DAVE FLICK:-one (inaudible).
(5)COMMISSIONER TALESFORE:-you were
(6)notified about this,obviously,'cause you're here.
(7)I'm just curious,did you -
(8)DAVE FLICK:lawn all the buildings on
(9)site.
(10)COMMISSIONER TALESFORE:I know that.
(11)DAVE FLICK:Oh,okay.
(12)COMMISSIONER TALESFORE:And those are
(13)apartments above?
(14)DAVE FLICK:Yes.They're penthouseS,but
(15)they're -they're owned by me.
(16)COMMISSIONER TALESFORE:Okay.So my
(17)question is did you also inform your tenants that
(18)this is going to -
(19)DAVE FLICK:The tenants are well aware of
(20)it,yeah.
(21)COMMISSIONER TALESFORE:Thank you.
(22)DAVE FLICK:They're the ones who get
(23)take-out.
(24)CHAIRMAN DUBOIS:Okay.Are there any
(25)other questions?Okay.Are there any other
Page 32
(1)questions for the applicant?Seeing no other
(2)questions,I'm going to close the pUblic hearing,
(3)return this to the Commission for questions of
(4)Staff,commE;lnts or a motion.Commissioner Drexel,
(5)were you waving your finger at something?
(6)COMMISSIONER DREXEL:I can do a motion -
(7)CHAIRMAN DUBOIS:Let's go for it.You're
(8)a good motion maker.
(9)COMMISSIONER DREXEL:Okay.I move we
(10)forward this request to the Town Council with the
(11)recommendation to modify the applicant's Conditional
(12)Use Permit,U-04-6,with the conditions in
(13)Exhibit 0,plus the following conditions:
(14)That there shall be no dedicated walk-up
(15)counter,no more than ten percent of applicant's
(16)business shall be take-out.That really isn't
(17)directed to the applicant so much as future holders
(18)of this who might be affected by the CUP in the
(19)future,so this is just like posterity.
(20)As required by Section 29.20.190 of the
(21)Town Code for granting a Conditional Use Permit,we
(22)find that the proposed use of the property is
(23)desirable to the public convenience,since it
(24)provides choice for those wishing to have cocktails
(25)with dinner.
Page 29 to Page 32 (408)920-0222 ADVANTAGE REPORTING SERVICES, LLC
BSA PUBUC HEARING -NOVEMBER 12,2003 XMAX(919)
Page 33
(1)The proposed use will not impair the
(2)integrity and character of the zone,since the
(3)restaurant will continue to operate.
(4)The proposed use will not be detrimental
(5)to public health,safety or general welfare as shown
(6)by other similar restaurants in the area,such as
(7)Colletta's and Forbes Mill,which have bars and
(8)don't seem to have any trouble from Scott Seamans,
(9)the Chief of Police,so your facility without a bar
(10)should even present lesser of a threat.
(11)The proposed uses of the property are in
(12)harmony with the various elements and objectives of
(13)the General Plan and its purposes.
(14)As required by Council Resolution 2001-106
(15)for policies regulating the sale of alcoholic
(16)beverages,we make the following findings:
(17)The late night service will not adversely
(18)affect or impact adjacent residential neighborhoods,
(19)since the hours of alcohol service are limited and
(20)conditions have been included which can require
(21)security guards.
(22)The applicant does not have a history of
(23)complaints and noncompliance with local ordinance or
(24)the Alcohol Beverage Policy as stated in our Staff
(25)Report.
Page 34
(1)The applicant has demonstrated a clear
(2)benefit to the community by proViding choices for
(3).diners.
(4)As required by Section 15301 ofthe State
(5)Environmental Guidelines as Adopted by the Town of
(6)Los Gatos,this project is categorically exempt from
(7)environmental review.
(8)CHAIRMAN DUBOIS:Question -question,
(9)Commissioner Talesfore?
(10)COMMISSIONER TALESFORE:No.Oh,I'll
(11)second it.
(12)CHAIRMAN DUBOIS:Do youhave a question?
(13)You're seconding?
(14)COMMISSIONER TALESFORE:Yeah.
(15)CHAIRMAN DUBOIS:Okay.
(16)COMMISSIONER TALESFORE:With -and the
(17)reason-
(18)CHAIRMAN DUBOIS:I have a question of
(19)Staff here.Do we have a -do we have to a -find
(20)a consistency for redevelopment plan?
(21)MR.WILLIAMS:No.'Cause you're just
(22)forwarding the recommendation on the CUP to -
(23)CHAIRMAN DUBOIS:Okay.I mean,it's one
(24)of the findings in here.I was just checking.
(25)COMMISSIONER DREXEL:Oh,did I miss
Page 35
(1)something?
(2)CHAIRMAN DUBOIS:Well,I j.ustwantto
(3)check with - I -
(4)MR.WIWAMS:Yes,you should make that
(5)finding,that it's consistent with the General Plan.
(6)CHAIRMAN DUBOIS:And our redevelopment
(7)plan.
(8)COMMISSIONER DREXEL:Oh,I didn't do
(9)that.
(10)CHAIRMAN DUBOIS:No.
(11)COMMISSIONER DREXEL:Redevelopment,okay.
(12)Where is it?
(13)CHAIRMAN DUBOIS:It's consistent with the
(14)Redevelopment Plan for the Central Los Gatos
(15)Redevelopment Project Area.
(16)COMMISSIONER DREXEL:It's consistent with
(17)the Redevelopment Plan for the Central Los Gatos
(1~)Redevelopment Area.
(19)CHAIRMAN DUBOIS:Project Area.
(20)COMMISSIONER DREXEL:Project Area.
(21)COMMISSIONER MICCICHE:I still second.·
(22)CHAIRMAN DUBOIS:You're still seconding
(23)it.Okay.Do we have questions?Commissioner
(24)Talesfore.
(25)COMMISSIONER TALESFORE:No,I -I just
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 khow 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.
(16)CHAIRMAN DUBOIS:Yeah.Okay.All those
(17)in favor of the motion,signify by saying aye.
(18)(Ayes.)
(19)CHAIRMAN DUBOIS:Carries unanimously,
(20)with Commissioner Trevithick recused.I'm sorry?
(21)
(22)
(23)
(24)III
(25)III
ADVANTAGE REPORTING SERVICES,LLC (408)920-0222 Page 33 to Page 36
BSA PUBLIC HEARING·NOVEMBER 12,2003 XMAX(10/10)
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.)
(6)
(7)-000-
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
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Page 38
(1 )
(2)I,LISA A.GLANVILLE,C.S.R.#9932,a
(3)Certified Shorthand Reporter in and for the State of
(4)California,do hereby certify:
(5)That the preceding tape transcription was
(6)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.
(15)Witness my hand this day of
(16)December,2003.
(17)
(18)
(19)LISA A.GLANVILLE
CSR No.9932
(20)State of California
(21)
(22)
(23)
(24)
(25)
Page 37 to Page 38 (408)920-0222 ADVANTAGE REPORTING SERVICES,LLC
REPORT TO:
FROM:
LOCATION:
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 COMPLETE:September 23,2003
FlNALDATE TO TAKE ACTION:March 23,2003
FINDINGS:-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 N.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
REQUIRED FINDI;NGS 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
Pennit.
The deciding body,on the basis of the evidence submitted at the hearing,may grant a
conditional use pennit 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.
II 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).
Asrequired by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:\DEV\FINDINGS\ll College.wpd
EXHIBIT A
RESOLUTION 2001 ·106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOYVN.OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS,the sale of alcoholic beverages,ifnot regulated,canjeopardize public~afety,
result in an increase of calls for police services an~compromise the quality of life for Tovm
residents;and
WHEREAS,The To\\'11 Council wants to balance the regulation of alcoholic beverage
service and protection of residential·neighborhoods with the goal of maintaining a vibrant and
successful Downto'NIl and commercial areas throughout Los Gato~;and
WHEREAS,the To\VIl Council held a study session on July 2,200 1 to discuss issue?
relating to service of alcoholic beverages;and
WHEREAS,the To\VIl Council has indicated a desire to revlew all applications for new
alcohol service or change in existing service,and a need to amend the existing Alcohol PolLey,
THEREFORE BE IT RESOLYED:the Town Council of the TOVIN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
EXHIBIT B
POLICY REGULATING THE CONSU1\1PTION AND
SERVICE OF ALCOHOL~C BEVERAGES
1 Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize public
safety;result in an increase ofcal1s for police services and compromise the quality of life for
Town residents.This policy provides pa-;rametetsfor alcoholic beverage service,particularly
addressing late nlghtservice when alcohol related incidents are most likely to occur and when
the disturbances to Town residents'is least tolerable.
.,
The service'of alcoholic beverages,\¥ith or'mthout meals,past 10 PM is a discretionary
privilege to be deterniined on a case by case basis.ThefoUowing provisions are intended to
balance the protection ofresidential 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:'
II.'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 establislunents
serving alcoholic.beverages.
3.Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ar~adopted..
4.Alcoholic beverage service for new conditional use pern1it applications or applications
for modification of a conditional use pennit shall not be allowed:
A After 11 PM Sunday through Thursday,except for holidays and evenlngs
before holidays.
B,After 1 AM Friday,Saturday,holidays or evenings before holidays.
,,'
"
--An existing establishment with a conditional use peJ;mit 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 3 0/4
ill Specific Policy
1.Restaurants:'
".Alcoholic beverages may only be served with meals.
2..Restaurants With Separate Bars:
Alcoholic beverage service tS permitted.in the dining area only in conjunction with
meal service.Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,SatUrday,holidays and evenings before
holidays,whichever is earlier,iflate night bar'service is available.Specific hou.n of
operation for each establishmentare determined upon issuance of a·conditional use
permit.'.
IV.Review Process
..
1.Proposats for new bars ,or ,reStaurants with bars and all 'requests for new akoho t
service or a change to existing 'service shall be reviewed.by the Planning Commission.
The Commission will make a recommendation to the To'WI1 Council and the Council
shall have final review authority.
2.Changes tnownersrup for businesses involving semce of alcoholic beverages shall be
reviewed by the'Community Development Department.The follovring process will
be followed:.
a.The Director of Community Development shall contact the new business
owner tomake them aware of the conditions of approval attached to the Use
.'Permit for the location ..
b.One y~ar follovving issuance ofa business·ticense,surroundingJimracted
property owners shall be notified and any comments regarding the operatiDn
of the business shall be solicited:.
c.If the Director of Community Development becomes aware of any alcohol
related impacts an the'surrounding neighborh~ad,the Director shaU review
the operation of the business to determine whether there is a v1olation of the
use permit..
PLANNING DEPARTMENT
(408)3S4~6872
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:S-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.
PROp·ERTY 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.Rea.'wood frame windows shall be used with true divided lites.
3.HISTOFlIC 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 pennitted 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 restai.:lrant 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.GRt"DING 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
DaIle 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 onthe 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 paiq
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 chargF'::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 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 bf,
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/buiidirrg on
this area if grading that is allowed to go on during the rainy season.In additiGIl,strav'l bales
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
SM17\LETIERS\10-23-96.#2
RECOMlVIENDED CONDITIONS OF APPROVAL FOR:
11 College A venue
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 DffiECTOR:
(planning Section)
1.AFPROVAL: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 Commun!ty 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 approvallapses.
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 ALCOHOUC 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 onl y
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 Ii ve entertainment shall be provided unless the applicant recei yes
future approval of live entertainment.
9.SEPARATE BAR:A separate bar is not permitted at this location.
TO THE SATISFACTION OF THE CIDEF OF POLICE:
10.UNIFORl\1ED 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
resol ve<!by the licensed owner.
11.CONSULTATION AND TRAINING:At the cI1scretion of the Chief of Police,peri odic meetings
will be conducted with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general public.
12.TRAIN(NG 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
Gary Messick
F or Tapestry Restaurant L.P.
'-.
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 r.eopened,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
Rowand 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.
l:/~~
./
EXHTBIT E
REPORT TO:
FROM:.
LOCATION:
Date:--'N~0..:...ve~m~b~er~1O:::..>,_=2~00~3
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
EXHIBITS:
REMARKS:
A-E.
F.
Previously Submitted
E-mail from neighbor,received November 5,2003
Exhibit F was received after the report on this matter was finalized.
unity 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:\DEV\REPORTS\11College2ADD.wpd
Attachment 6
Page 1 of 1
Marilyn Cosden -CUP U-04-6
From:BOB SIMONS <bbb.simons@usa.net>
To:.<attorney@town.los-gatos.ca.us>
Date:11/4/2003 8:35 PM
Subject:CUP U-04-6
NOV a ~2003
TOWN OF LOS GATOS
PLA~~i'!!i\jG O~P,';AT\1E;-JT
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}OOOOl....11/512003
,
I
I
RESOLUTION 2001 ·106
RESOLUTION OF THE TOWN COUNCIL
OF THE TO"'YY"N.OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS,the sale of alcoholic bever~ges,ifnot regulated,canjeopardize public ~afety,'
result in an increase of calls for police serviCes and compromise the quality of life for Town
residents;and
WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential ,neighborhoods with the goal of maintaining a vibrar.t and
successful DOVvnto'WU and commercial areas throughout Los Gato q;'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 rev lew 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
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 quaJlty of life for
Town residents.This policy provides parameters for alcoholic beverage service,particularly
addressing late rtlghtservice when alcohol relat~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 determ1ned on a case by case basis.The following provisions are intended to
balance the protectimiofresidential neighborhoods in close proximlty to commercial districts
and still maJntain 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 servmg
alcoholic be.verages 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 ments of the application and subject to the following requirements:'
IT.'General policy'.
."
1.The Town shall cdnt'inueto strongly discourage ~ew applications for stand alone bars
or restaurants with separate bars.,
2,The Town shall continue to discOurage appllcations for entertalnment establishments
serving alcoholic,beverages.
3.Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ar,e adopted.'
4.Alcoholic beverage service for new conditional use permit applications or applications
for modification of a cancli~iqnal use permit shall not be allowed:
A.After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B..After 1 AM Fri~ay,Saturday,holidays or ev.enings before holidays,
"..
'-An existing establishment with a conditional use peJ;tUit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation..
,,
Tawn of Los Gatos
Alcoholic Beverage 'Policy
Page 30f4
TIL Specific 'Policy
1.Restaurants:'
..,Alcoholic beverages may only be served vtith meals.
2.'Restaurants With Separate Bars:
'Ncohblic 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,SatUrdaYl holidays and evenlngg 'before.
holidays,whichever is earlier,if late night bar'service is available.Spednc hOlln of
operation for each establishment are determined upon issuance of a conditional use
penriit.',
IV.Review Process
..
'1.ProposaIs for··newbars ,or ,restailr:ants 'Nith bars and all 'requests for new akoho l
service or a change to existing 'service shall be reviewed.by the Planning Cormnission,
The Commission will make a recommendation to the Town Council and the Courrcil
shaH have final review authority,
2.Changes inovrnership for buslnesSes 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
ovrner to make them a'Y/are of the conditions of approval attached to the Use
.Permit for the location ..
b.One y~ar following issuance of a business .license,surroundir1g/imr acted
property ovmers sball be notified and any comments rega.:ding the operation
of the business shall be solicited.
c.If the Director of Community Development becomes aware 0 f any alcohol
related impacts on the surrounding neighborhood,the.Director shall review
the operation of the business to determine whether there \s a vlolation of the
.use permit...