26 Staff Report - 50 University Ave, Suite 180DATE:
MEETING DATE:6120/05
ITEM NO.;<&
COUNCIL AGENDA REPORT
June 9,2005
TO:
FROM:
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANAGER
SUBJECT:CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT
FOR A RESTAURANT (THE WINE CELLAR)TO LEGALIZE THE
INCREASE IN THE NUMBER OF SEATS,TO MODIFY THE TYPE OF
ALLOWED ENTERTAINMENT AND TO INCREASE THE DAYS WHEN
ENTERTAINMENTISAVA~ABLEONPROPERTYZONEDC-2:PD:LHP.
CONDITIONAL USE PERMIT U-03-7 APN 529-02-044 LOCATION:50
UNIVERSITY AVENUE,SUITE 180 PROPERTY OWNER:FEDERAL
REALTY APPLICANT:STEVE HAUCK
RECOMMENDATION:
1.Hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Approve or deny the application.If the application is approved,make the required findings
(Attachment 1)and approve the application subject to conditions (Attachment 2).
4.Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
In the past,the Wine Cellar Restaurant was a nonconforming use since they did not have a
Conditional Use Permit.The applicant had until August 31,1997 to legalize the use.An application
for a Conditional Use Permit (CUP)was filed after the deadline and,as a result,the application was
treated as a new use and was subject to all Town requirements and policies at that time (including
hours of operation).The CUP was approved on February 10,1999.On October 21,2002,Town
Council approved a modification to the use permit to extend the hours of operation to the times that
existed prior to the approval of the CUP (Exhibit A of Attachment 5).
PREPARED BY:
,~(Co.ntinued to Page 2)
£>~~.
BOON.LOR Z
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:S Assistant Town Manager --I-,I-¥'-.Town Attorney Clerk Finance
__Community Development Revised:6/9/05 2:50 pm
Refonnatted:5/30/02
Page 2
MAYORANDTOWNCOUNC~
SUBJECT:50 University Avenue,Suite 180
June 13,2005
PROJECT SUMMARY:
The applicant is requesting approval to legalize an increase in the number of seats,to modify the type
of allowed entertainment and to increase the days when entertainment is available.Each of these
aspects of the restaurant operations is discussed below.
1.Seating -The approved CUP allows a maximum of 100 seats (inside and outside).The
restaurant currently has a total of 140 seats (94 inside and 46 outside)which is in violation
of their approval.The applicant is requesting to legalize the number of existing seats.
The proposed increase in seats will increase the required parking from 34 to 47 spaces.The
Old Town Center will have a surplus of 139 parking spaces with the increase in seating and,
therefore,complies with the Town's parking standards.Further,no new parking impact is
anticipated since the additional seats already exist.Attachment 5 contains a complete listing
of the Center's parking requirements.
2.Entertainment -The Conditions of Approval allow nonamplified acoustic music Thursday
through Saturday.The applicant is requesting that this condition be modified to allow
amplified and nonamplified entertainment and dancing seven days a week.The restaurant
has recently started to provide amplified acoustic music whlch is in violation of their
approval.The Town has received a citizen complaintregarding the legality of the amplified
music.The applicant has been informed of the violation.Although the applicant has an
application to legalize the use,the applicant was informed that it was in their best interest to
cease providing amplified music.
The Town's Alcoholic Beverage Policy (Attachment 3)states that the Town shall continue
to discourage applications for entertainment establishments serving alcoholic beverages.The
policy also states that entertainment in association with an eating or drinking establishment
may be allowed if standards and a permit process are adopted.Standards and a permit
process have not been adopted.The question for Council is whether or not the requested
intensification of the entertainment use is consistent with the Town's Alcohol Policy and
whether the requested modification is appropriate.
The Police Department has requested that if the request is approved,a condition of approval
be included to review the application within three months of approval to determine whether
or not there are any issues relating to the extended days of entertainment and!or the amplified
music.If an issue does exist,the matter will be referred to the Planning Commission to
determine whether or not additional conditions or modifications to the conditions need to be
made to mitigate concerns.
Subsequent to the application being deemed complete,the applicant informed staff that they
want to have dancing as part of their approval.The applicant had assumed that the request
for amplified music meant that they could also have a dance floor.The applicant proposes
to move the dining tables to allow room for dancing.
Page 3
MAYOR~NDTOWNCOUNCa
SUBJECT:50 University Avenue,Suite 180
June 13,2005
Staff believes that this request could change the character of this establishment from a quality
dining restaurant to a night club.Staff does not support the request for a dance floor and
finds it inconsistent with the Alcohol Policy's purpose of protecting residential
neighborhoods in close proximity to commercial districts.Although the intent of the
applicant is to provide "quality"entertainment for the restaurant,the Town cannot regulate
the type of musical entertainment.Further,the CUP runs with the land;therefore,if the
current operator sells the restaurant,the future operator may not have the same business
intentions regarding the type of entertainment.In the past,restaurants in the Old Town
Center had a history of complaints from the adjacent residential neighborhood.Many of
these complaints were associated with the operation of the restaurants with entertainment.
Over the years,staff has worked with the owners of the Old Town Center and business
operators,to successfully implement conditions of approval to enhance the Center and to
reduce neighborhood complaints.
Since the renovation of the Center through the Planned Development process,the Town has
received no neighborhood complaints regarding the existing businesses.The proposed
conditions have been written to ensure that a quality dining restaurant is maintained,that
dancing is prohibited and that meals be available until the restaurant closes.The Police
Department concurs with this approach.If the Council believes there is merit in approving
the request for unrestricted entertainment (ie:amplified music)and dancing,staff
recommends that the matter be remanded to the Planning Commission and the Development
.Review Committee to allow staff time to further evaluate this request and prepare appropriate
conditions of approval .
.PLANNING COMMISSION:
The Planning Commission considered this matter on May 25,2005 and concurred with staff's
recommendation that unrestricted amplified music and dancing not be permitted (Attachment 4).
In addition,the Commission recommended that acoustic music may be dispersed at low volumes
through the restaurant sound system for a quality dining ambiance,however the days the music is
allowed not be extended.The Commission forwarded the matter to Town Council with a
recommendation for approval with these modified conditions (Attachment 2).The verbatim
transcript of the Planning Commission meeting is included as Attachment 4.
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
Page 4
MAYORANDTOWNCOUNC~
SUBJECT:50 University Avenue,Suite 180
June 13,2005
Attachments:
1.Required findings.
2.Recommended conditions of approval.
3.Alcoholic Beverage Policy
4.Verbatim minutes from the Planning Commission meeting of May 25,2005.
5.Report to the Planning Commission from the Development Review Committee dated May 2,
2005 for the meeting of May 11,2005.
6.Desk item report to the Planning Commission dated May 24,2005 for the meeting of May 25,
2005.
Distribution:
Scott Seaman,Police Chief
Steve and Julie Hauck,The Wine Cellar Restaurant,50 University Avenue,Suite 180
Los Gatos,CA 95032
Doug Badia,Federal Realty Investment Trust,355 Santana Row,Ste 2000,San Jose,CA 95128
BNL:SLB:mdc
N:\DEV\CNCLRPTS\2005\winecellar.wpd
REQUIRED FINDINGS FOR
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Pennit.The deciding body,on the basis ofthe evidence submitted at the hearing,may
grant a conditional use permit when specifically authorized by the provisions ofthe Town
Code if it finds that:
(1)The proposed use of the property is essential or desirable to the public
convenience or welfare;
(2)The proposed use will not impair the integrity and character of the zone;
(3)The proposed use would not be detrimental to public health,safetY or general
welfare;and
(4)The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes ofthe Town Code.
•As required by the Town's Traffic Policy for a community benefit.
•As required by Section N.B ofthe 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.
N:\DEV\FINDINGS\winecellar.wpd
Attachment 1
CONDITIONS OF APPROVAL
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code,unless the approval has been vested.
2.SEATS.The maximum seating allowed is 140 (79 inside dining seats,15 inside bar
seats,and 46 outside dining seats).
3.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of the bar area shall be
served without meal service.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.
4.UTENSILS.All meals shall be served on reusable utensils.
5.HOURS OF OPERATION.Meals must be available up to the closing hour.The hours
of operation are as follows:
Saturday and Sunday -9:30 AM to 2:00 AM.
Monday through Friday-11 :00 AM to 2:00 AM.
6.RESTAURANT USE.A high quality restaurant and full service bar is permitted.
7.ENTERTAINMENT.There shall be no outdoor entertainment.Amplified acoustic
musical entertainment is permitted inside only and shall be limited to Thursday,
Friday,and Saturday only.
8.NOISE.All amplified entertainment shall be connected to the house sound system.The
music coming from the sound system shall be no louder than the sound that is heard
standing in front of the stage.Pursuant to the Noise Ordinance,the exterior noise level
shall be no louder than as follows,measured from the property line:
1 PM to 10 PM -56 decibels
10 PM to 6 AM -51 decibels
6 AM to 1 PM -52 decibels
9.DANCE FLOOR.A dance floor is prohibited.
10.DOORS.When music is playing,exterior doors shall not be propped open.
11.REVIEW.Town staff shall review the use permit three months from approval to evaluate
any complaints received relating to the extended days of entertainment and/or the .
amplified entertainment.If it is determined that the entertainment is resulting in a public
nuisance,the permit will be referred to the Planning Commission for modification ofthe
conditions of approval.
N:\DEV\CONDITNS\2005\winecellar.ap.wpd Page 1 of 2
Attachment 2
12.NOISE METER.The restaurant operator shall purchase and receive training on the
operation of the noise meter.The operator shall monitor the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made available to
Town staff for review upon request.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay a
proportional to the proj ect's share oftransportation improvement needed to serve cumulative
development within the Town of Los Gatos.The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued.The fee shall be paid within
30 days of use permit approval.The traffic impact mitigation fee for this project,using the
current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on
the addition of 40 seats to the existing approved 100-seats.The project will generate 115
additional daily trips (2.86 daily trips per seat),and 11 PM peak hour trips (0.26 peak hour
trips per seat).The final fee shall be calculated from the final plans using the rate schedule
in effect at the time ofthe use permit is approved,using a trip generation rate based on high
quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
14.GENERAL.The restaurant/bar 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 ofthe 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.
15.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
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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,canjeopardize public safetY,
result in an increase of calls for police services and compromise the quality of life for Town
residents;and
WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential·neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos;'and
"WHEREAS,the Town Council held a study session on July 2,2001 to.discuss issues
relating to service of alcoholic beverages;and
WHEREAS,the Town Council has indicated a desire to review 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 3
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17 th day
of September,2001,by the following vote:
COUNCIL :tvffiMBERS:
A YES:Ratldy Attaway,Steven Blanton,Sandy Decker,Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:None
ATTEST:
.-&.~:w:'~SIGNED:.
.'YOR HE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
)
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
2
POLICY REGULATING THE CONSUI\1PTION 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
Tovm residents.This policy provides parameters for alcoholic beverage service,particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service"of alcoholic beverages,with or without meals,past 10·PM is a discretionary
privilege to be determined on a case by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in 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:!
IT.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 ar~adopted.
4.Alcoholic beverage service for new conditional use pennit applications or applications
for modification of a conditional.use permit shall not be allowed:
A After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,Saturday,holidays or evenings before holidays.
An existing establishment with a conditional use peJ;1I1it in good standing allowed to serVe
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Exhibit A
,
ij
Town ofLos Gatos
Alcoholic Beverage Policy .
Page 2 0/4
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 o,n-going employee
training on alcoholic beverB:ge 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 pennit to serve alcoholic beverages past lOPM:
A.Late night service will not adversely impact adjacent residential
neighborhoods.
B.The applicahfdoes 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 offood 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 ofLos Gatos
Alcoholic Beverage Policy
Page 3 0/4
III.Specific Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,if late night bar service is available.Specific hours of
operation for each establishment are determined upon issuance of a conditional use
pennit.
IV.Review Process
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
,Pennit 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.
A P PEA RAN C E S:1
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Los Gatos Planning
Commissioners:
Assistant Director of-
Community Development:
Town Attorney:
Transcribed by:
Phil Micciche,Chair
Michael Burke
Michael Kane
Tom O'Donnell
Lee Quintana
Joanne Talesfore
Morris Trevithick
Randy Tsuda
Orry Korb
Vicki L.Blandin
5500 Van Fleet Avenue
Richmond CA 94804
(510)526-6049
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PRO C E E DIN G S:
CHAIR MICCICHE:Okay,I've reopened the meeting.
The next item is 50 University Avenue,Suite 180,
Conditional Use Permit U-03-07.We (inaudible)the
improvements to modify conditional use permit to legalize
the increase in the number of seats,to modify the type-of
live entertainment,and to increase the days when
entertainment is available in the property zoned Z2
(inaudible).
Before we open it though we're going to have some
opening comments by Mr.Korb.
ORRY KORB:Thank you,Mr.Chair.
COMMISSIONER TREVITHICK:Mr.Chairman,I have to
18 18 recuse myself.
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LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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ORRY KORB:Okay,and I'll make reference to
that.
Just for the record,when the last item was near
being concluded,Mr.Burke recused himself from the vote
because of the possibility that he was within the 500'
"danger zone"under the conflict rules.It turns out that
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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his property was not located within 500'-it was close,but
2 it was outside of the radius,and therefore it is presumed
that there was no material economic impact on his property
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is there and the question for us is whether we choose to
legalize it or not,and I'd like to limit our discussion to
that if we possibly can.
The second issue is whether we want to increase
and no violation,or even potential violation,of the the type of entertainment there,and those are the two
conflict rules.things that I think we want to focus on this evening if we
With regard to Mr.Trevithick,he is recusing may.
himself for the record because he does own property that is COMMISSIONER QUINTANA:In other words,to approve
their violation?
CHAIR MICCICHE;No,to legalize it.
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within 500'of the property that is subject to the next
application that you will be considering,and therefore will
be leaving the room.Thank you very much.10
COMMISSIONER QUINTANA:I mean to legalize their
11 CHAIR MICCICHE:So there's no issue on the vote 11 violation,that's what this is about?
12 that was taken?CHAIR MICCICHE:No,we're not legalizing the
13 ORRY KORB:No,it's okay that he abstained.13 violation.
14 CHAIR MICCICHE:We went six-nothing.14 COMMISSIONER QUINTANA:I don't think that's what
15 Before we get into this,before I call up the 15 I meant to say.Thank you.
CHAIR MICCICHE:The existing CUP limits the
seating to 100 seats.They presently have somewhere up
around 150.We can tonight choose to legalize that or not,
and modify the CUP to increase it to the seats that they
have at this point and that they're asking to legalize it
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violated the CUP and that there's an increase over what the
some time that we mayor may not have to take on it,but
I'll leave it up to the commissioners.Clearly they have
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16 applicant,let me make a couple of statements here.
I looked at this one as another one that may take17
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CUP had limited them to in the number of seats.The issue
there is whether we're going to legalize it or not;that's
the issue tonight.So the issue is not telling them what
they did was wrong,because what they did do was wrong,and
it's not something that we typically would condone,but it
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to.
The second item,which is separate from that,is
adding entertainment.At this point I'll call up the
applicant.
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LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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2
STEVE HAUCK:Thank you.My name is Steve Hauck
for the record.
All we are asking for is to be able to use our
2 underground restaurant the way we had used it prior to
STEVE HAUCK:we've owned and operated the Wine
3 LISA HAUCK:I'm Lisa Hauck.construction.We never did anything that would give the Town
reason to take our rights to provide entertainment away.
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Cellar Restaurant since 1990,and I think we've seen you all
before a couple of times.
I'd like to start with just a brief history of the
Wine Cellar and what it's provided for the Town of Los Gatos
since its creation in 19.66.Please see Exhibi t A for the
background.
From 1966 to 1997,for thirty-one years the Wine
Cellar provided live music and occasional dancing.In 1997 a
property owner asked the Wine Cellar to temporarily close so
the landlord could make improvements to the Center.In
August of 1997 our use was going to expire,so prior to
applying to formalize a new Conditional Use Permit we met
with then planning director Lee Bowman,who told us a new
CUP could not be issued if the business was not in
operation.That is why we filed after the deadline.
During the CUP process we lost our right to have
live entertainment and extended hours of operation,even
though there were no complaints,disturbances,or incidents
in over three decades.If our business had not been
interrupted by construction,our .use as we had enjoyed it
for those three decades would be in place today.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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Prior to closing,the Wine Cellar was the only
live music venue without a police or neighborhood complaint
in the downtown area;no complaints in over three decades.
Despite the fact the Wine Cellar had operated responsibly
over so many years,our privileges were lost.
Currently we have many requests for music from
patrons who enjoyed it in the past,businesses,non-profits,
et cetera.The Wine Cellar is a small,quaint living room
type environment that is the perfect place for a special
celebration.
We are not asking to offer live music outside.All
the entertainment will be underground,indoors,with no
windows.We are asking for our rights to be restored to what
we enjoyed for over thirty-one years.
With reference to another exhibit,which is
Exhibit B of the recommendation,the portion where it says,
"consistent and appropriate for a quality restaurant,"I'd
like to say that operating a restaurant underground with no
windows has its advantage and disadvantages,that's for
sure.
The disadvantages include lack of exposure to
vehicular and pedestrian traffic,and being uninviting to
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
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potential guests on sunny days and warm evenings.The
advantage of being underground is na.tural sound insulation
1 three major differences are the reason why the wine cellar
2 never had a complaint and other establishments did.
I have one more comment."The CUP runs with the
those years the Wine Cellar was a nightclub with a deli
owner of the Wine cellar in thirty-nine years.For twenty of
land,"is another comment that I hear being brought up with
other applications.Please keep in mind we are the eighth
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warm days as well as providing us exposure that we don't get
from pedestrian and vehicular traffic.
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3 along with a distinct feeling of privacy.That is why the
Wine Cellar has always been an ideal location for live
music.This helps offset slow lunch and dinner business on
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with regard to dancing,in the same exhibit,first
let me say there is no dance floor.Dancing will not occur
outside.We would like to have the freedom to occasionally
remove four tables and sixteen seats from our dining room.
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counter.Still there were no complaints,not even from our
closest neighbor,Ron pUlling,who has lived on the corner
of Mullen and Edelen his entire sixty years.Please see the
attached letter.
11 The area created is approximately ten feet by ten feet.
11 In addition,Number Four,the enforcement portion
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Currently we have many requests for music and dancing from
guests who enjoyed it in the past as well as private groups,
including local businesses who negotiate buyouts for their
staff and clients for food,music·,and dancing to help
promote their businesses;non-profit organizations doing
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of the Town's alcohol policy states that,"All conditional
use permits issued to establishments for alcoholic beverage
service onsite shall be subject to Section 29.23.l8B of the
Town Code,authorizing the Town Manager to take enforcement
action if it is determined that the sale of alcohol has
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fundraisers;and Los Gatos residents celebrating their
birthdays,anniversaries,or wedding receptions.
With reference to the Old Town history,in the
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become a public nuisance to the Town's public health,
safety,and welfare."This allows the Town Manager to act
immediately to review and/or modify a use permit at any time
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past there were three other restaurants that regularly or
occasionally offered live music.Although they were similar
in operation there were key differences.Number one,all
three were above ground.We're underground.Number two,all
three had windows.We do not have windows.Number three,one
played music outside.We don't play music outside.These
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if necessary.This code is separate from the conditions of
approval,which we must comply with.
In effect,although the use runs with the land it
can be reviewed and modified at any time necessary."So
please take that into consideration and just keep in mind
that it's difficult to argue with history,and a history of
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no complaints--if that's what the concern is--should 1 establishments in town that have amplified music seven days
2 hopefully affect your decision tonight.Thank you.
CHAIR MICCICHE:Any questions of the applicants
at this point?Commissioner Kane.
COMMISSIONER KANE:Mr.and Mrs.Hauck,when did
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you become owners of the Wine Cellar?
2 a week?
STEVE HAUCK:What information would you like?
COMMISSIONER QUINTANA:What are the other
establishments in town that this would make you competitive
with?In other words,what other restaurants have the same
STEVE HAUCK:In 1990.features?
COMMISSIONER KANE:Back in 1990,1992,above your STEVE HAUCK:We're actually rather unique at this
establishment was the old theater,and behind that was there point.I think we would be the only establishment that would
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offer food into the late nighttime period that would offer
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another nightclub?
STEVE HAUCK:There were two restaurants that had
occasional music.The one did it most regularly;that was
Waves.Prior to that it was a different club,but always the
same space.Unfortunately they were upstairs looking over
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live entertainment.
So basically there'S Number One Broadway.that can
legally play music,and there's Mountain Charlie's.Both of
them are stand-alone bars with no food offered.And I
believe offering food is kind of the direction that the Town
15 is headed in as far as the policy.That'S what we're looking
16 for is to make sure the people are eating and enjoying
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the Edelen neighborhood,and they would open their windows
while they were playing music.
COMMISSIONER KANE:So if I remembered loud music
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17 themselves in a restaurant environment.17 coming from that end of Old Town,it was likely coming from
18 the second story Waves as opposed to the underground Cellar?18 COMMISSIONER QUINTANA:But currently you can have
STEVE HAUCK:Exactly.
CHAIR MICCICHE:Commissioner Quintana.
indicate that in order to remain competitive with other
establishments in town that you feel you should have this Whenever we hire live music,if we have somebody
STEVE HAUCK:Yes.It makes it very difficult for
be heard.
us because as you can see,all of us need amplification to
singing into a microphone and somebody playing into a
system,·that sound can be balanced in such a way that an
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19 live music as long as it's not amplified,is that correct?
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In your letter youCOMMISSIONERQUINTANA:
privilege.Could you give me some information about other
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instrument that maybe is very difficult to hear or can't be
heard over somebody's voice per se,now it can all be mixed
3 and equally balanced so that everybody can be heard and the
music can be enjoyed the way it's supposed to be.In fact,
the Wine Cellar has always played live amplified music,
again,without complaint.
If we told the musicians they would have to come
without amplification gear,they probably wouldn't show up.
So in order to remain competitive in town,if we're
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STEVE HAUCK:Yes.
LISA HAUCK:We're asking for the freedom to be
able do that if we're having a ...
COMMISSIONER KANE:But what you're asking for is
a maximum of a hundred square feet?
LISA HAUCK:Yes.
STEVE HAUCK:Our space is rather small.I don't
know how many of you have had the opportunity to visit it
recently,but it is rather small.This is very small.In
providing something that the folks can't even hear or enjoy,
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why would they come to our place?
COMMISSIONER QUINTANA:Are you aware of any other
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fact the dining rooms are separated and this is tables that
are coming out of one specific area and one dining rOom.
COMMISSIONER KANE:Thank you.
12 restaurant in town that provides amplified live music?
12 CHAIR MICCICHE:Commissioner Burke.
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STEVE HAUCK:Not to my knowledge,legally,no.I
won't mention any names tonight.
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COMMISSIONER BURKE:The dancing,if I understand
you correctly,it sounds like you only want that for private
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COMMISSIONER QUINTANA:Thank you.
CHAIR MICCICHE:Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I'm just curious about
15 parties as opposed to,I won't say every night of the week,
16 but just to be there?Is your minimal request to be able to
17 have a dance floor for private parties only?
18 the dancing.Could you tell me a little bit about who else 18 STEVE HAUCK:I guess we would have to define
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in town has dancing to music,whether amplified or not
amplified?
STEVE HAUCK:That would be the same answer.
Number One Broadway and Mountain Charlie's,neither of which
are a restaurant.
COMMISSIONER O'DONNELL:And you're asking for a
ten by ten,100 square foot dancing area?
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private parties.Is that something that's by invitation or
is that something that's a buyout.of a company?
COMMISSIONER BURKE:Something where you have sign
outside that says,"Closed for a private event."
STEVE HAUCK:Like,"Not for hire,"on the side
of a truck kind of thing?
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COMMISSIONER BURKE:I'm sorry;I'm trying to find LISA HAUCK:Oh,it's definitely a restaurant.
COMMISSIONER TALESFORE:Excuse me;I've eaten
STEVE HAUCK:Oh well,then you know what we do.
COMMISSIONER TALESFORE:No,I'm talking about
STEVE HAUCK:Yeah,I apologize for you not having
with the amplified music this will now be?I mean what is
there many times.
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3 attended the"Wine Cellar and what we do over there,but we
do operate a fine dining restaurant.
Very exclusive,but yes they do,for a fee,allow public in
if they're under the capacity,which most of the time
your question is is there's many places across the country
that are actually clubs,you have to be a member of the
facility to even enjoy yourself there,and those are
restaurants.One of "them is the Caribou Club in Colorado.
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2 middle ground here.
STEVE HAUCK:In other words,I think maybe what
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they're not.
COMMISSIONER BURKE:What I was referring to is
you talked about companies wanting to have events,and
that's where I thought you had meant you wanted to have
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the difference then?
LISA HAUCK:It's really a restaurant.
COMMISSIONER TALESFORE:I know it's a restaurant.
LISA HAUCK:It's not looking to be a nightclub.
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dance parties for their Christmas parties and things like
that.
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STEVE HAUCK:Actually it won't be a whole lot
different than it is now.
15 STEVE HAUCK:What I would hope for is a condition
16 that would allow me the opportunity to fill my place to
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LISA HAUCK:Yeah.
CHAIR MICCICHE:Commissioner Kane.I'm going down
17 capacity,even if it meant being open to the public at a 17 the line,Commissioner Quintana.commissioner Kane.
18 certain point,but not have to go to the police department
19 with an application or a special privilege permit every time
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COMMISSIONER KANE:The Chairperson gave us
guidance to not go here again,but you just brought it up.
20 I want to have dancing in my establishment.I think that 20 You said it wouldn't be much of a change because right now
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would be a nuisance for both of us.
CHAIR MICCICHE:Commissioner Talesfore.
COMMISSIONER TALESFORE:So how would you term
this new use that you are envisioning for your restaurant?
Is this a restaurant?IS it a nightclub with dancing?
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you're operating without the permit.
STEVE HAUCK:No.
CHAIR MICCICHE:No,no.They don't operate
dancing or amplified sound at this point.That's just the
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number of seats that they've changed.They do not have 1 you're saying you would only clear the tables for a dance
2 amplified sound at this point.2 floor if you were hosting a special party or something for a
COMMISSIONER KANE:I was reacting to it wouldn't
be much different than it is now.
STEVE HAUCK:Yeah,I'm sorry.I've just made an
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3 business or what have you,and we have a procedure for that
in Town,as you mentioned,getting a permit through the
police department for a special event.
On the other hand you're saying no,you don't want
I don't think he meant that.CHAIR MICCICHE:
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assumption that the question was regarding our atmosphere.to do that,you want to have it in your conditional use
CHAIR MICCICHE:Yeah,it was not related to that.permit that you can have the dance floor seven days a week
DO you have another question?and the amplified music seven days a week.
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COMMISSIONER KANE:Well the remarks are that the
Staff believes the restaurant would change in character from
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So which is it?Are you going to do it every
night,or is it just for special occasions,in which case
11 quality dining to nightclub.I think that's what the
11 there's already an avenue to do that?
STEVE HAUCK:A quality restaurant.
Commissioner is trying to get at.So she was asking your
opinion,what you think it would be.often.We want the freedom to be able to do it when they
come up without having to always go apply for a special
permit.
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15 COMMISSIONER KANE:And the fact that it wouldn't
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LISA HAUCK:These special occasions come up
17 with a potential business client when we're not even sure if
16 be any different than it is now just rubs a little bit
17 against the fact that it shouldn't be the way it is now.So
16 STEVE HAUCK:It's very difficult to negotiate
18 that's not a question unless I say,"Isn't that true?"Now 18 we're going to be able do something.We have to wait for
19 it's a question.19 acceptance from the police department or an application with
20 the police department and the Town.20
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CHAIR MICCICHE:Commissioner O'Donnell,do you
have anything?21 LISA HAUCK:And like we said,it's only a very
22 COMMISSIONER O'DONNELL:I don't.22 small portion.It's just having the freedom to get up if
help me understand what you're saying.On the one hand
Commissioner Quintana.
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CHAIR MICCICHE:
COMMISSIONER QUINTANA:I'm a little confused,so
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they like the music and dance.There might be a few people.
It's not the whole restaurant is dancing.They're eating and
sitting and drinking wine.
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COMMISSIONER QUINTANA:Okay,but no restaurants?
2
CHAIR MICCICHE:Let me ask the question this way.
You've applied for it to be seven days here,so let me ask 2 STEVE HAUCK:Correct.
the question.Do you plan to do this every night?
LISA HAUCK:No way.
COMMISSIONER QUINTANA:Thank you.
CHAIR MICCICHE:Are there any more questions?
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CHAIR MICCICHE:Okay.How often would you plan to
do this?Would it be once a week,once a month?6
Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I have a question for
STEVE HAUCK:Yeah,probably twice a week,Friday Staff.
and Saturday nights primarily.
CHAIR MICCICHE:So Saturday night.Not
CHAIR MICCICHE;we'll get to that,if that's all
right.At this point let me terminate your presentation and
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necessarily a special event but a special night?
STEVE HAUCK:Most likely it would happen on a
Friday or Saturday night,because the people that are going
to stay up that late,they're probably only going to do it
on those particular nights.
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see if the pUblic has any comments,and then we'll call you
back up here.Are there any public comments to be made?I
have no cards on this subject.Seeing none,I'll bring you
right back up again then.Are there any more questions of
the applicants at this point?Commissioner O'Donnell,do you
14 CHAIR MICCICHE:Does that answer your question?14 want to ask your question of Staff before you do?
16 Are you going to stay open until 2:00 o'clock every night,
1515COMMISSIONERQUINTANA:I have another question.COMMISSIONER O'DONNELL:Yeah,that might be
16 helpfUl in case they have some follow-up or something.
17 even when you don't have a special event?
18 STEVE HAUCK:It's not profitable to do that.
17 The only question I have is we've heard nothing
16 about moving the number to consistent with what they're
be Mountain Charlie's and Number One Broadway.
COMMISSIONER QUINTANA:What other restaurants in
town currently offer that that YOU're asking for?
not open seven days a week doing it.
thing?I haven't heard anybody say anything about it.It's
have heard not one word.
doing as opposed to what they had been doing,and normally
I just wonder from Staff,is there any reason why
we're sitting here tonight and trying to increase this
you would like to have some justification to change,and I
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Those establishments,again,wouldSTEVEHAUCK;
why most of the places that offer it in town currently are
There's not enough business in town to justify that.That's
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just assumed that because they're doing it we're going to be reviewed more thoroughly by the police department,fire
2 say oh yeah,fine.2 department,and building departments for occupancy
ORRY KORB:well I think that that's probably a 3 restrictions,because the potential number of bodies in the
question that should be addressed to the applicant.If they space is greater than would be in a normal restaurant use,
5
can't offer any evidence in support of it,I think whatever 5
so that would need to be reviewed by our building and fire
else there is is in the Staff Report.departments.
COMMISSIONER O'DONNELL:In other words,Staff has
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So if that's at all of interest,we would request
nothing they'd like to share with us on why we should that you continue the application,we get that review done,
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increase the number of seats to the violated number as
opposed to the legal number?
CHAIR MICCICHE:No,the only things that have
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and then bring it back to you.But at this point we're
recommending that dancing not be allowed.
secondly,we're very concerned about the change in
11 been stated in the report and what we know is that they do
11 the overall character of this establishment from a quality
12 have that number of seats,have been operating with that
12 restaurant to something else.Call it a nightclub;call it a
number of seats for some period of time.
Staff do they have any thoughts on why we should do this?
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13 restaurant with amplified entertainment.Call it what you
will;it's di£ferent than our normal conception of what
15 quality dining is all about,and that's the nature of our
Right.I'm just askingCOMMISSIONERO'DONNELL:
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16 RANDY TSUDA:We evaluated the request go to 140
17 seats based on the technical requirements of parking.
16 concern.
17 Lastly,there is a significant question in our
18 CHAIR MICCICHE:And they found that okay.18 mind whether this is consistent with the Town's alcohol
19 RANDY TSUDA:In the Staff Report we've documented 19 policy at this point.
ORRY KORB:I would strongly suggest that if
you're seeking any additional evidence in support of the
application to increase the number of seats that you better
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22changes,more specifically the entertainment changes,we are
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20 that there is adequate parking.
In terms of Staff's view on the other proposed
COMMISSIONER O'DONNELL:Well I will.
ask the applicant,and this is your opportunity to do so.
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not in support of a dance floor.If the Commission is at all
interested in that,then that is a recent change that we
only became aware of about ten days ago that would need to
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CHAIR MICCICHE:Do you need to at this point?
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2
CHAIR MICCICHE:Okay.Commissioner Quintana.
COMMISSIONER QUINTANA:Question of staff
regarding the amplified music.It wasn't clear to me whether
Staff was in support of that portion of the application or
Town's alcohol policy?Now we've suggested,if again you are
2 considering that,that we place parameters through the
3 conditions of approval on how that amplification is to occur
and what those decibel levels would be.
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not.
I called a couple of other restaurants around town
and apparently they don't have amplified music.California
Cafe said they didn't have amplified loud music.I thought
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COMMISSIONER O'DONNELL:I'm confused,because
we're talking about amplified music;I think that's the
phrase we're using.
COMMISSIONER QUINTANA:Live music.
Borders had music.COMMISSIONER O'DONNELL:Well amplified,because
CHAIR MICCICHE:Yeah,amplified.
live can be non-amplified.
amplified music is a little bit like what I'm doing right
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STEVE HAUCK:They do.
COMMISSIONER QUINTANA:Yeah,I've been there when
they had music,but apparently their CUP doesn't call for
it.So that's my question.It didn't seem like it was
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COMMISSIONER O'DONNELL:My understanding of
13 consistent with the alcohol policy.
13 now except I'm not singing.In other words,if I turn this
15 our minds whether that is consistent in that this is an
16 intensification from the approved permit as it currently
17 stands,and as you know,the background of the alcohol
18 policy,it says entertainment can be allowed if a policy is
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18 and this is in a basement and who cares?And if they're
off it's not amplified;if I turn it on it is amplified.
Let's say you have a three-piece orchestra and they have a
singer,so they have a microphone.I don't know exactly why
17 that concerns us as long as it doesn't bother the neighbors
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As I stated,there is a question inRANDYTSUDA:
19 adopted.19 going to play without an amplifier,they're still in the
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music.This is a departure,so is that consistent with the
an existing use that does allow for non-amplified acoustic
RANDY TSUDA:It really goes back to a few points.
One is given the way our Town's policy is currently worded
long as they do not violate the noise ordinance?
on entertainment;it states that entertainment will only be
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20 same basement and maybe the people in the basement can't
hear it.I mean I'm concerned,why does the Town care so
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At this time.
And we do not have one.
COMMISSIONER QUINTANA:But we don't have one.
RANDY TSUDA:
CHAIR MICCICHE:
RANDY TSUDA:You have a situation where you have
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allowed if the Town creates a process.We've asked the
Council that question,and at this point they have
determined that they do not want to create that process.
It's not an issue or work program item that's high on their
priority list,so Staff has been directed to do other
things.
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RANDY TSUDA:We've suggested that if you were
allow this that it be amplified to the house system,not
through free-standing amplifiers.If you allow amplified
music it's difficult to regUlate exactly what type of music
you're allowing.Are you allowing a jazz combo,or does it
become Green Day for example?
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COMMISSIONER O'DONNELL:I can tell you that in
this town there is amplified music going on and nobody pays
CHAIR MICCICHE:Let me ask the question;is there
a house-amplified system in the restaurant at the present
any attention to it.I'm not going to go into it,because I time?
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enjoy it.It's crazy.We're telling people they can't have
amplified music because the Town Council doesn't want to
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STEVE HAUCK:We have two house systems.
CHAIR MICCICHE:You do have it?So is there a
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adopt a policy,and yet it's not bothering anybody,and yet
people are doing it?
RANDY TSUDA:The Staff did bring this issue to
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necessity to have an entertainer come in with additional
amplified music?
STEVE HAUCK:Of course.
14 the General Planning Committee about six months ago,once 14 CHAIR MICCICHE:Why is that?
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16 is designed more for residential use;it's a very small
again asked the question if we wanted to request that
16 Council consider a policy,and at that point the decision of
15 STEVE HAUCK:It's a totally different system.One
17 the General Planning Committee was not to pursue it.17 output.
CHAIR MICCICHE:Could it be made larger?
STEVE HAUCK:Not only that,it's not designed to
sustain the radical changes of music instruments or voices,
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CHAIR MICCICHE:Let me ask the question a
19 different way.Assuming that an unamplified guitar player or
what have you couldn't be heard in the whole restaurant.Is
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there a middle ground that says that they could amplify to a
certain DB level to ensure that the whole restaurant could
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so it will blowout all the speakers.That's why you use a
separate amplification system.
similar restaurants in other communities like this.You can
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hear what was going on,but limited in such a way that it
isn't unlimited in that sense.
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RANDY TSUDA:Let me just respond.I've worked on
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design a house system that will accommodate musical
2 instruments.It's possible;it's been required.
STEVE HAUCK:May I comment to that?If you visit
Blowfish Sushi over at Santana Row,they have a house
your tables spread around to give people a choice do I want
2 to eat indoors or outdoors?And could you tell me when's the
last time you've been at 110 tables full of people?
STEVE HAUCK:It's a fortunate day indeed when we
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system.The speakers are probably five times larger than
your house system,so at what point do we want to draw a
line?I guess that's the question I'm asking.
I think that there's also a condition in there
that says that we would have to be responsible to comply
with the noise ordinance,which is there's decibel levels
that are measured from the property line.As long as we
comply with those noise ordinances I think that condition
kind of speaks for itself.
CHAIR MICCICHE:Do you have a question or a
comment to make?Question of the applicant?
COMMISSIONER BURKE:Yeah,question of the
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can be at capacity,and that's what we're striving for.The
outdoor dining has given us an opportunity to continue to do
business in Los Gatos as a restaurant.without that,we
wouldn't be here today.
Like I said,on those sunny days we're completely
empty inside;there are very few people that prefer to eat
inside.They'll wait for an hour.They'll go shop at the
local stores and we'll call them on their cell phone to tell
them when a table is ready.
LISA HAUCK:It does bring a lot of people to Los
Gatos as well because we win a lot of awards for our patio.
COMMISSIONER BURKE:The question is,how often do
16 applicant.This kind of goes to Commissioner O'Donnell's 16 you have more than 100 seats active?
17 question and hopefUlly I'm not stealing his thunder.17 STEVE HAUCK:Very seldom,because most of the
18 I'm not going to ask how you ended up with 140 18 time,especially this year,the weather's been bad,so this
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19 is a seasonal thing.We pray for a good season,we pray for19seats,but you have obviously sub a hundred seats
underground and forty aboveground in a nice patio,and you 20 sunshine,because that's when we do our business outside,
STEVE HAUCK:Drinking and dining is ninety-four.
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talked about the pros and cons of having an underground
restaurant.On a sunny,warm day nobody wants to go
underground.Probably when it's 110·they do.
But I guess the question is,are you ever at
capacity 140,or is it just a function of where you've got
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especially at lunch.
CHAIR MICCICHE:
put inside?
The total load is 115.
What's the maximum number you can
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CHAIR MICCICHE:So on bad days,that's your
2 maximum,ninety-four?You can't put any more than that?Yes,
COMMISSIONER QUINTANA:There's no way of us just
2 saying that you can have a total of X number of seats,be
Commissioner Quintana.
COMMISSIONER QUINTANA:Two questions of Staff
first.
I want to make sure I understand the difference
between amplified and acoustic.My understanding of acoustic
is an instrument that's played that isn't plugged into an
amplifier,is that correct?But if you're playing a guitar,
can you have a microphone in front of you?
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RANDY TSUDA:The way the condition is currently
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they inside or outside?
RANDY TSUDA:That would be unenforceable.
COMMISSIONER QUINTANA:I thought we had a
somewhat similar condition on the Los Gatos Steak House.
RANDY TSUDA:I do not know whether we have that
on Forbes Mill,I assume you were referring to.
COMMISSIONER QUINTANA:Yeah.
RANDY TSUDA:But it would be very,very difficult
to enforce.It would require that the code enforcement
11 worded,no.It specifically says unamplified acoustic music.
11 officer periodically go in and count how many seats are
12 COMMISSIONER QUINTANA:But that would be a far
12 occupied at any given time.It's one thing to state that
13
14
different type of music than amplified instruments that are
going directly into an amplifier?
13
14
you're limited to a total number of seats.It's another to
state that a certain number of tables need to remain vacant
15 RANDY TSUDA:Yes.15 at given times.
16 COMMISSIONER QUINTANA:Okay,that's one question.16 COMMISSIONER QUINTANA:Okay,I have a question of
17 Second question is,is there a way that would be
18 easily monitorable or enforced that we could have a
17 you.I'm probably the only person I think on this commission
18 who was here when you came in for your last application.
19 condition that said you may have your almost hundred seats
20 inside and your forty-six or whatever they have outside,but
19
20
CHAIR MICCICHE:No,we were here.
COMMISSIONER BURKE:We were here.
21 at no time can you have more people seated than the official 21 COMMISSIONER QUINTANA:Were you?
22 CUP now?22
COMMISSIONER BURKE:Yeah.
23
24
25
RANDY TSUDA:That would be very difficult to
enforce.
CHAIR MICCICHE:How would you enforce that?
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23
24
25
COMMISSIONER QUINTANA:You were all here when
they came in for the acoustic music and the patio?
CHAIR MICCICHE:It doesn't matter.
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2
3
COMMISSIONER QUINTANA:Okay,it doesn't matter.I
remember at that time that the condition was sixteen seats
in the patio and that there was a question whether based on
the fact and requirement that you had to have personnel out
2
3
enjoy outside.Now it'S become evidently clear that we would
really love to legalize the whole facility by increasing the
number of seats that we can seat all at the same time.
COMMISSIONER QUINTANA:But you're not willing to
decrease the number of seats inside?
5
6
there in order to have a patio,that that was a number that
was viable for you and you at that time said yes.So I'm
wondering why you went ahead and increased it without coming
5
6
CHAIR MICCICHE:
wouldn't have it.
NO,because on bad days they
back for a change?COMMISSIONER QUINTANA:Thank you for your answer,
STEVE HAUCK:I think there was a floor plan that Mr.Chair.
CHAIR MICCICHE:I thought we'd speed it up that
way.You have any questions,Commissioner O'Donnell?
Commissioner Kane?
10
11
12
was issued.Yeah,it was a floor plan that was issued and
the agreement was we have a total seat count of a hundred
and no more than a hundred and that's it,and it never
stated ...
10
11
12
COMMISSIONER O'DONNELL:
CHAIR MICCICHE,
No.
13 CHAIR MICCICHE:Well the original condition
13 COMMISSIONER KANE:No.
14 states.
14 CHAIR MICCICHE:Commissioner Talesfore?
15 STEVE HAUCK:It never stated ...15 COMMISSIONER TALESFORE:No.
16 CHAIR MICCICHE:It doesn't give you any breakout.16 CHAIR MICCICHE:Commissioner Burke?
17 COMMISSIONER QUINTANA:It doesn't give you any 17 COMMISSIONER BURKE:No.
18 breakout,so that was the original condition.18 CHAIR MICCICHE:Good,I'm going to close the
19 CHAIR MICCICHE:One hundred,period,right.They 19 public hearing and open it to a motion,comments,or
entertainment is available.
modified type of entertainment,increase the days when the
conditional use permit to legalize the number of seats,
for discussion--to deny the request to approve modified
24
20 questions of staff.Thank you very much.Comments?
COMMISSIONER KANE:I'll open with a motion--it's21
25
23
22
At the time we thought that was aSTEVEHAUCK:
with four seats each.
fair request,because we had no idea of the success we would
faulty,because I remember the plan showing just four tables
24
23
20 could do it any way they wanted.
COMMISSIONER QUINTANA:Okay,then my memory is
25
21
22
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The requirements of Section 4B of the
2 Redevelopment Plan,the application does not meet the uses
1
motion?
CHAIR MICCICHE:Okay.Is there a second to this
3 set forth in the Town's General Plan,and it seems not to be 3 COMMISSIONER QUINTANA:Yeah.
consistent with the Town's alcohol beverage policy,which CHAIR MICCICHE:Are you seconding the motion?
I have a question of Staff,if I may?
5
states entertainment in association with an eating and
drinking establishment may be allowed if standard permit
5
COMMISSIONER QUINTANA:Yes,with a comment.First
10
11
12
13
process is adopted.No such process has been adopted.And if
the alcohol policy extends to the essential creation of a
nightclub,I don't think that's consistent with the policy
as well.That's my motion.
CHAIR MICCICHE:Would you make it clearer?I'm
not sure I heard the first part of it.Are you suggesting
that the motion is to deny legalizing the 146 seats,is that
what I heard?
7
10
11
12
13
CHAIR MICCICHE:So you're not seconding the
motion yet?
COMMISSIONER QUINTANA:May I ask my question of
Staff so that I know whether I'm seconding it or not?
CHAIR MICCICHE:Yes you may.Go ahead.
COMMISSIONER QUINTANA:Thank you.Our staff
report says that if we recommend approval it will go to the
Town Council,but that if we don't recommend approval,we
CHAIR MICCICHE:And maintain the existing hundred
1414
15
COMMISSIONER KANE:Yes.deny it.Is that correct,or are we still making a
15 recommendation for denial?
16 seats in total?16 CHAIR MICCICHE:It's a recommendation.
17 COMMISSIONER KANE:Reducing it to a hundred 17 ORRY KORB:If you deny,then it is appealable to
18 seats,yes.
19 CHAIR MICCICHE:No,no.The existing condition
18 the Town Council.If you approve,then it automatically goes
19 to the Town Council.
20 has a hundred seats.20 COMMISSIONER QUINTANA:Okay,so it is a denial?
21 COMMISSIONER KANE:Okay,yes.21 It would go to the Council on appeal if the applicant
22 CHAIR MICCICHE:And you say you want to maintain 22
appealed.I will second it with the recommendation that if
23
24
25
the existing condition?
COMMISSIONER KANE:
yes.
The existing legal condition,
23
24
25
it's appealed to the Council that the Council look at some
method that they could work out on the seating so that they
could maintain their patio seating.
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CHAIR MICCICHE:I'm going to make a comment on about the dancing and I certainly would follow Staff's
the motion.There may be some confusion.I don't believe 2 recommendation on not having the dancing,although it isn't
that the motion has to deny the whole thing.I believe this
thing can be done in parts;there's two pieces to it.I
totally apparent to me if we were to limit the dancing to
special groups as they seem to be asking in a lack of
think we could if we chose to approve the legalization to
the upper number and deny the entertainment aspect of it.I
don't think it has to be treated as one.Am I correct on
that?
5
6
clarity,it might be okay.But I see it broken down into
three possibilities.
CHAIR MICCICHE:Could we get through this motion?
COMMISSIONER O'DONNELL:Yeah.
ORRY KORB:Yes,you are.Essentially what you
would be doing is approving a modification to the CUP,and
you'd state what that modification is and denying the rest
of the requested modifications.But that is not the motion
motion.
CHAIR MICCICHE:I mean more comments on this
Okay,if it's withdrawn,then theCHAIRMICCICHE:
motion dies for lack of a second at this point.Commissioner
COMMISSIONER QUINTANA:I will withdraw my second,
.because I think it should be broken down.
12
13
11
10
Right.I just want to make itCHAIRMICCICHE:
as it currently stands.12
11
10
13
14 Burke.
COMMISSIONER BURKE:May I make a suggestion that
16 we poll the commission members to how they feel on the
15
14
clear.So based on that,I for one will not support this
15 motion at all,and that's my comment at this point.
16 Commissioner O'Donnell.
17 COMMISSIONER O'DONNELL:I'm not going to support 17 expansion,how they feel on amplification.
18 the motion either.I think we in essence have three 18 CHAIR MICCICHE:You would like a consensus on the
Okay.Would you like to commentCHAIRMICCICHE:
CHAIR MICCICHE:How they feel on amplified music,
come up with a motion quickly that we can agree on.
on the four items from Mr.Burke?
and how they feel on dancing,and hours,so we can maybe
25
24
19 three items?
22
23
20
21
The second really is two things.One is this
amplified music.I'm prepared to say I don't know enough
using,which I would do.
frankly,I've heard nothing that makes any sense against the
amplified music and the other is the dancing.And very
22
21
24
20
25
19 possibilities.
One is to approve the number of seats they are now
23
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COMMISSIONER QUINTANA:Four or three?Repeat them COMMISSIONER QUINTANA:Hours.They already have
3 be a question if whether we were going to change them.It's
not at their request,I don't think.
2 hours to 2:00am.It's in their existing CUP,so that would
COMMISSIONER QUINTANA:The first one is the
3
2 please.The hours?
COMMISSIONER BURKE:No,first the seats.
5
seats.I'm ambivalent.I personally like the patio because COMMISSIONER BURKE:I thought they wanted more
it is the kind of activity that we encourage:social,et 6
days,but I could be mistaken.
cetera.But I'm ambivalent because I agree with Mr.Arzi's CHAIR MICCICHE:No.
letter that we seem to approve CUPs,they get violated,they COMMISSIONER QUINTANA:But the hours,that was
come back to legalize it,and it doesn't seem like that's an for the music.
10
appropriate way to govern.So that's my opinion on that.I'm
sympathetic,but it's not quite there.
10
COMMISSIONER BURKE:Right.Excuse me,you're
right.
11 CHAIR MICCICHE:So is it a yes or no;I'm
11 CHAIR MICCICHE:Okay,so there's three things we
12 confused.were commenting on.
13 COMMISSIONER O'DONNELL:It's ambivalent.13 COMMISSIONER QUINTANA:And as far as the hours
14 COMMISSIONER QUINTANA:It's ambivalent,exactly.14 for the music,acoustical,I would like to know if there are
15 CHAIR MICCICHE:You can go either way then.Okay,15 any other restaurants in town that have permits for seven
16 thank you.16 days a week.
17
18 music,right?
COMMISSIONER QUINTANA:I would like to find a way
18 that they can have ...I've already stated it.
17 CHAIR MICCICHE:But you've already said no to the
19 AS far as the amplified music goes,no,because 19 COMMISSIONER QUINTANA:The amplified music,not
20 it's clearly in my mind in violation of the alcohol policy.20 the acoustical.
21 What was the other one?Dancing,same answer:no.21 CHAIR MICCICHE:Commissioner O'Donnell.
increasing the number of seats.I agree with Larry Arzi's
point.On the other hand,so what?I mean we're there.The
23
24
There is a mechanism for them to get permits for special
events.I don't think it needs to go into the CUP.And what
was the fourth one?
22
23
24
COMMISSIONER O'DONNELL:I would be in favor of
COMMISSIONER BURKE:Hours.
25 25
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report is there's no bad effect of this,so I would support
2 that.
in more of a competitive edge than not,but if you want to
2 have it inside that restaurant,make sure you put some
3 secondly,I would support the amplified music.
CHAIR MICCICHE:Indoors?
deadening ...
CHAIR MICCICHE:So would you be in favor of it?
COMMISSIONER O'DONNELL:Oh,absolutely indoors.COMMISSIONER TALESFORE:I'd be in favor of it
5
6
And third,I would not support the dancing.
CHAIR MICCICHE:Commissioner Kane.
COMMISSIONER KANE':'I agree with Commissioner
inside,and no dance floor because that's what I was trying
6
to get at,you'll turn into a nightclUb.
CHAIR MICCICHE:Commissioner Burke.
Quintana,only I would go no on all three,and it has a lot COMMISSIONER KANE:I'm in favor of allowing them
10
11
12
to do with Mr.Arzi's letter and the fact that you don't--
maybe in personal relationships it's easier to ask
forgiveness rather than permission,but I wouldn't want to
send that message out that that's how we govern,so I'm a no
10
11
the extra seats,because I really think it is a different--I
won't say a different audience,but I don't see them having
that many more;it just gives the diners more choices.
I'm against the amplified music because I think
13
14
on all three.I feel I'm also backed up by the General Plan
and the Town policy on alcohol.
13
14
that that will change the whole feel of the restaurant in
the evening and it will no longer be a quiet place to eat.
CHAIR MICCICHE:Commissioner Talesfore?You can always choose to sit by the stage and hear the
16 COMMISSIONER TALESFORE:The seating.I appreciate 16 acoustic music,but if you don't want to and it's amplified,
17 the fact that on lovely,sunny day you are out there and
18 it's a big draw to that area,so I would support it.I
17 it's hard to get away from.
18 And of course,no dance floor.
CHAIR MICCICHE:Well let's see.I have been
have now,based on the fact that parking is there for it,
that it does add to an area that I enjoy an awful lot of
times myself,and I will leave it at that.
24
19
23
20 tallying.This ambivalent one has thrown me off actually.
But clearly I'm in favor of legalizing the seating that they
22
25
21Iknowthat,but I'mCOMMISSIONERTALESFORE:
22 going to say it.
CHAIR MICCICHE:Fine.Go ahead.
23
COMMISSIONER TALESFORE:As far a acoustic inside
24
music,I don't know how amplified music is going to put you
25
19 really have a question with how you got there.
CHAIR MICCICHE:That doesn't matter.20
21
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1 So I will do that.I tend to favor a limited how do you have limited amplification--staff may say don't
2
3
amplified music aspect to it,and that's why I asked the
staff prior to that if they could possibly do that,so it
2
3
do this,but I've heard the term "amplified acoustic,"
which scares the bejeebers out of me because that's
isn't blasting out and remains somewhat calm;but on the efficient government and military intelligence,whatever;
5
other hand not unlimited like my son has at home and drives
me out of the house.I'd like to have a conditional use
5
it's really an oxymoron--and the only thing I can come up
with,especially the way the layout is.I have been to the
permit at my home to stop that.So I would favor a limited Wine Cellar;it was one of the first dates I took my now
one,but not necessarily an open one.wife to.But the idea to me is amplified acoustic music is
And no dancing.So I think there's a consensus music that is put on a house sound system,or anybody's
10
clearly that's there's no dancing,and there seems to be a
mix on the amplified sound.
10
sound system,such that it is no louder anywhere in the
building than it would be if it wasn't amplified at all in
11 COMMISSIONER TALESFORE:No,not really.
11 front of the stage.I don't know if there's any way we could
12 CHAIR MICCICHE:NO,there is.It's mixed.12 put that in a condition.Does that make sense?
13 COMMISSIONER BURKE:Three-three.13 CHAIR MICCICHE:Yeah,I like that.
14 CHAIR MICCICHE:So we seem to be on the fence on 14 COMMISSIONER BURKE:So if I'm sitting at the bar
15 that one,and there seems to be a three-and-a-half to two-15 away from the stage,it's as loud there,or no louder,than
17 in front of the stage.So if we can define that as amplified
16
17
and-a-half on the seating.
COMMISSIONER BURKE:May I propose a compromise on
16 it would be if there was no amplification and I was sitting
18 music?18 acoustics so they could it in different rooms.
19 CHAIR MICCICHE:Could you do it in the form of a 19 CHAIR MICCICHE:So if they could put in a sound
20 motion since we have a consensus?20 system to the satisfaction,then you would allow amplified?
21 COMMISSIONER BURKE:Well,I want to see if this 21 COMMISSIONER BURKE:Right.
22 meets on the consensus access of the music.22
CHAIR MICCICHE:That sounds pretty good.I like
23
CHAIR MICCICHE:To get a fourth one on it.23
that.Is that possible though?
COMMISSIONER BURKE:Well,Commissioner Micciche
24 24
25
had said limited amplification.I've been trying to think,
25
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ORRY KORB:If you were going to allow that,then 1 CHAIR MICCICHE:And then the eighth statement
I would suggest that you include the definition as you 2 says,"All amplified entertainment shall be connected to
3 stated so it will be clear what that was intended to be.
COMMISSIONER BURKE:I will make the motion.
3 the house sound system."
COMMISSIONER BURKE:Yes.
ordinance,the exterior noise level shall be no louder than
as follows."Now is this the portion you're recommending we
change to describe as you've described it?
6
CHAIR MICCICHE:I'll support it,even if I don't
understand it.
COMMISSIONER BURKE:okay,and I'll speak clearly
into the microphone.I make a motion to approve CUP U-03-07
5
CHAIR MICCICHE:"And pursuant to the noise
in the following areas:One is to legalize the increase as COMMISSIONER BURKE:No,I'm saying that we meet
10
11
12
seating_as requested.Two,to allow for amplified acoustic
musical entertainment only,or non-amplified acoustic,but
no direct amplified music,but not to allow the requested
dance floor.
10
11
12
those conditions and the condition of the definition such
that if they want the music to be heard in other areas
instead of just in front of the stage,they can.If they
choose not to do that,they can have no amplification.
COMMISSIONER BURKE:If I understand it,one of
COMMISSIONER KANE:Are you talking an acoustic
guitar,or acoustic guitar,sax,tuba?Any of the above?
15
14
13
My definition of amplified acoustic music is music
14 that has been amplified to be heard in other areas of the
15 restaurant,indoors only,such that it is at no point
13
16 anywhere in the restaurant louder than it would be if you
17 were in front of the stage and there was no amplification.
18 CHAIR MICCICHE:I've been looking at the
16 the issues was that because of the compartmentalized part of
17 the restaurant you could have an acoustic band playing and
18 you couldn't hear it in other areas.And SO you could have a
19 conditions that they've put in here,and one of them states,19 microphone up there to pick up the sound and distribute it.
20 "there shall be no outdoor entertainment,"which is 20 YoU can distribute the sound,but not amplify it to other
clearly that's going to be part of it.Then it goes on to
state,"The acoustic or amplified musical entertainment is
COMMISSIONER KANE:Or amplified at the stage.
not trying to make this complicated.
Through the house system.I'm
Through the house system?CHAIR MICCICHE:
COMMISSIONER BURKE:
areas of the restaurant.21
22
24
25
23
Right.COMMISSIONER BURKE:
permitted inside only,"right?
25
23
22
21
24
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COMMISSIONER BURKE:You can (inaudible)it,
regarding the conditions of approval.But then ultimately
the final motion has to make the finding of approval of the
COMMISSIONER BURKE:Or amplified at the stage.So
2 we're not amplifying it at the stage,we are just
3 distributing it throughout the house.Does that make more
sense?And if this is too complicated,I will withdraw it.
COMMISSIONER O'DONNELL:I'll second it.
2 right?
3 ORRY KORB:Yeah,you can do separate motions
CHAIR MICCICHE:We have a second.
COMMISSIONER O'DONNELL:Was that a motion?
CHAIR MICCICHE:Yeah,he made a motion.I have
from Commissioner Quintana.
COMMISSIONER QUINTANA:I would just request that
10
since there are three separate issues being addressed,and
CUP.
CHAIR MICCICHE:Yeah,I'm not seeing many
differences here at this point.
COMMISSIONER QUINTANA:Okay then,can I just make
9
my comment?
10
CHAIR MICCICHE:Yeah,you may.
11
12
13
we didn't address the extension of the days for music,that
we break it down into three different motions so that I
don't have to vote against the whole thing.
11
12
13
COMMISSIONER QUINTANA:I guess I can't support
the motion,although there are two aspects of it that I
would like to,but I can't support it because I can't make
14 CHAIR MICCICHE:What extension of the days?14 the findings under the alcohol policy as currently written.
15 COMMISSIONER QUINTANA:They are asking for 15 CHAIR MICCICHE:Okay.Does anyone else have
16 extension of their music.It currently is Thursday to 16 comments on the motion?Commissioner Kane.
17 Sunday;they're asking for i·t seven days a week.17 COMMISSIONER KANE:As we've done in the past,
18 COMMISSIONER BURKE:My motion did not grant them 18 before I vote I'd like to know if the compromise was
19 an extension to new days.
2020COMMISSIONERQUINTANA:But still.It's going to
19 acceptable to the applicant?Could they commit to it?Can
they do it?Do they want it?
21 be one motion not broken down?21 ORRY KORB:It's appropriate to bring the
22 COMMISSIONER BURKE:It's for one CUP.r don't 22
applicant forward to ask,as was done previously,whether
23
24
25
know how we would break it to multiple motions.That's why I
asked for a consensus.
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23
24
25
they understand and accept the conditions.
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1 I will also suggest very strongly that before you that's a different statement.Do you understand the motion
2 act on the motion that somebody articulate for the record 2 that is being made?
CHAIR MICCICHE:You don't.Okay,so then we'll
repeat it then at this point.Mike,do you want to do it
3 what the findings are in support of the motion.
CHAIR MICCICHE:Before we act on it?
ORRY KORB:Before we act on it.5
STEVE HAUCK:No.
6
CHAIR MICCICHE:Okay,I'm going to open the
hearing for that one statement that's being asked here.
Could you step up?Do you fUlly understand what this motion
6
from here?
COMMISSIONER BURKE:I will try to.
CHAIR MICCICHE:Can we do it from here instead?
is stating?RANDY TSUDA:Sure.I can summarize what we have
STEVE HAUCK:Bits and pieces.
CHAIR MICCICHE:You don't understand it at this
point,okay.Ask any questions you like to make sure we're
CHAIR MICCICHE:Right.
There would be amplified acousticRANDYTSUDA:
entertainment allowed,and that would be distributed through
the house sound system and shall be no louder than would be
heard.That the CUP would grant 140 seats total.
12
11
13
10
I understand all of our cause forSTEVEHAUCK:
on the same wavelength.12
10
13
11
14 concern of playing live music in town due to the
14 when standing in front of the stage.
1515
16
irresponsible acts of other business owners,
RANDY TSUDA:This is not intended to be debate
There's no change to the days in which
16 entertainment is allowed,therefore it's allowed Thursday,
17 about the conditions.I think maybe it would be a good idea
18 just to repeat the motion from the chair.
17 Friday,and Saturday only.
18 The additional condition,condition eight,
19 CHAIR MICCICHE:.And make sure he understands it.19 regarding the limitation on decibel levels at the property
Well,that~s part of the existingCHAIRMICCICHE:
Condition ten on keeping the exterior doors closed
while music is playing is in the motion.
conditions.
22
24
23
21
20 line is also as stated in the draft conditions.
Dance floor is prohibited.
RANDY TSUDA:One more time just to make sure you
CHAIR MICCICHE:That'S really what we're asking.
We will repeat it if you'd like us to,but you made the
statement you do and don't.You may not agree with it,but
understands it.
24
20
23
21
22
25 25
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2
3
5
8
9
10
11
RANDY TSUDA:Part of the existing conditions.And
then eleven is also in the existing conditions,which is a
three-month review to determine if any complaints have been
received.
CHAIR MICCICHE:What about the noise meter
aspect?
RANDY TSUDA:I'm sorry;I didn't go to the next
page.That's existing item twelve regarding the purchase and
training on using the noise meter.
CHAIR MICCICHE:It's maintained?
RANDY TSUDA:Correct.
CHAIR MICCICHE:All right.Is that clear now?
2
3
5
7
10
11
LISA HAUCK:Is it possible for him to ask just a
small question about this letter from Mr.Arzi?It was never
disclosed to us.
CHAIR MICCICHE:It's a desk item.
RANDY TSUDA:It was a desk item submitted after
the distribution of the report.
CHAIR MICCICHE:Could we give them one?
RANDY TSUDA:Sure.
CHAIR MICCICHE:By all means,take one.Yes,
Commissioner Quintana?I'm closing the public hearing by the
way.
COMMISSIONER QUINTANA:Okay.I would ask Staff if
12 STEVE HAUCK:I would agree to all of the
12 they could give the maker of the motion a copy of the
13
14
15
conditions that the finding of the DRC came up with,the
committee I guess you call it,that Mr.Tsuda is
recommending,as you see it,except for Number Nine,which
13
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15
findings that we have to make.Our packet simply says we
have to make the findings from the various sections of the
code,but it doesn't actually have the findings that have to
17
16
18 of the Town Code for conditional use permit--and I'm pulling
19 this from memory--that the requested use is desirable.I
is dancing.I still don't understand why that is a problem.
CHAIR MICCICHE:I'm not asking for your
18 understanding on it.It's clear though that we're not going
19 to allow that in this motion?
16
17
be made.
COMMISSIONER BURKE:I'll start.Section 29.20.190
20 STEVE HAUCK:Sure.20 think enough of us go to that nice patio out there and dine
open up to any more comments you may have.
public hearing and we'll make the findings,and then I'll
COMMISSIONER KANE:
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25
CHAIR MICCICHE:Okay,I'm going to close the
Well,what was the answer?
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that I can say that is not detrimental to the pUblic health.
I can make that finding.Oh wait,it's consistent with the
General Plan and allowed within the zone,which it is
especially because it's a PD.that it specifically calls for
four restaurants in that location.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
47
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
48
2
3
As required by the Town's traffic policy for
community benefit,the benefit outweighs the traffic
impacts.The downtown is all about bringing people together,
the small town atmosphere,and I definitely think that the
2
3
ORRY KORB:I'm not sure if you caught the second
finding on CUP."It does not impair the integrity or
character of the zone."
COMMISSIONER BURKE:Right,and I think I
5
6
CUP there of the restaurant with the outdoor dining really
fi ts into that.
The one that's going to get me is the
5
6
reference also the fact that this zone is the PD of Old Town
and that zoning specifically calls for restaurants.It
certainly does not.
redevelopment plan;that's the one I don't know.
Also,as far as the alcohol policy,do we have to
CHAIR MICCICHE:Okay.And we have a second,
commissioner O'Donnell?
COMMISSIONER O'DONNELL:Second.
CHAIR MICCICHE:I'm going to call the motion.All
those in "favor?Against?
10
11
12
13
address the finding in the alcohol policy,because we're
really,in my opinion,not changing the entertainment or the
alcohol serving?All we're saying is that they're allowed to
relqy the music through their existing sound system,so it
would be my contention--and maybe this would be up to the
10
11
12
13
COMMISSIONER KANE:
applicant?
What was the answer of the-
17 make for the redevelopment agency.
Town Council to decide--that we are not changing that part
15 and don't need the findings for that.
The answer?He understood.CHAIR MICCICHE:
COMMISSIONER KANE:Did he accept it?
CHAIR MICCICHE:He didn't accept it;he said he
17 understood it at this point.That's what we asked him.
15
14
16ButwhatIdonotknowifthefindingIneedto16
18 ORRY KORB:Correct,the redevelopment agency,the 18 ORRY KORB:He understood the conditions.I
four restaurants.
General Plan.We want a vibrant downtown,and like I said,
in the General Plan.So if it's consistent with the General
there is a PD specifically for Old Town which allows for May I just have a
which we had all included in
COMMISSIONER QUINTANA:
CHAIR MICCICHE:
this.I'm calling the question.All in favor?Against?Okay,
it passes four-two.
clarification?I thought the applicant said that he agreed
22
24
25
21
23
19 believe they basically accepted all the conditions but did
20 not agree with the dance floor decision.
It's consistent with theCOMMISSIONERBURKE:
Plan,then ...
applicable section,is a carryover of the land use as stated
24
22
25
19
20
23
21
LOS GATOS PLANNING COMMISSION OS/25/2005
Item *3,50 University Avenue
49
LOS GATOS PLANNING COMMISSION OS/25/2005
Item *3,50 University Avenue
50
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3
5
10
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with the conditions as in the Staff Report,and we changed
some of those conditions.I think he said he understood
them,but he didn't agree with them.
CHAIR MICCICHE:He understood what was read to
him one by one.Appeal rights,please.
ORRY KORB:Anyone dissatisfied with the decision
of the Commission may appeal the decision to the Town
Council.The appeal must be filed within ten days.It must
be filed upstairs in the Clerk's Office.There is a fee for
filing an appeal.Because of the recommendation concerning
the alcohol policy,it's Staff's understanding that this
does fall under the policy and that it would be sent as a
recommendation to the Town Council for final decision.
That's my current understanding.
RANDY TSUDA:It doesn't involve entertainment
under the alcohol policy,so although you're not granting
additional rights under the alcohol section of the policy,
you are granting rights under the entertainment section of
the policy,so it then is forwarded to the Council for final
approval.
ORRY KORB:So what this means then is that
anybody who is interested in this application need not file
an appeal,because it will go automatically to the Council.
All issues that were discussed tonight will be open for
Council decision.Any concerns you have about any of the
commission decisions can be raised again at that time.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
51
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5
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9
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CHAIR MICCICHE,Thank you.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item #3,50 University Avenue
52
REPORT TO:
FROM:
LOCATION:
FINDINGS:
Date:~M=ay~18=,_=2=00:::.::5'__
For Agenda Of:__.=..:M.;:;:a:::.Ly~2=5",-,=20=0=5'--,-
Agenda Item:-:::...3 _
The Planning Commission
The Development Review Committee
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the
increase in the number of seats,.to modify the type of allowed
entertainment and to increase the days when entertainment is available on
property zoned C-2:'PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty Investment Trust
APPLICANT:Steve Hauck (Wine Cellar)
DEEMED COMPLETE:May 10,2005
FINAL DATE TO TAKE ACTION:November 10,2005
•As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
•As required by the Town's Traffic Policy for a community benefit.
•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.
EXHIBITS:A.Resolution 2002-165
B.Resolution 2001-106,Alcohol Policy
C.Letter of Justification (four pages)received April 14,2005.
D.Required Findings.
E.Recommended Conditions of Approval.
RECOMMENDATION
SUMMARY:Forward a recommendation to Town Council.
A.BACKGROUND:
In the past,the Wine Cellar Restaurant was a nonconforming use since they did not have a
Conditional Use Permit.The applicant had until August 31,1997 to legalize the use.An application
for a Conditional Use Permit (CUP)was filed after the deadline and,as a result,the application was
treated as a new use and was subject to all Town requirements and policies at that time (including
Attachment 5
The Planning Commission -Page 2
50 University A venuelU-03-7 .
May 25,2005
hours of operation).The CUP was approved on February 10,1999.On October 21,2002,Town
Council approved a modification to the use permit to extend the hours of operation to the times that
existed prior to the CUP (Exhibit A).
A.REMARKS:
The applicant is requesting approval to legalize an increase in the number of seats,to modify the type
of allowed entertainment and to increase the days when entertainment is available.
Seating -The approved CUP allows a maximum of 100 seats (inside and outside).The
restaurant currently has a total of 140 seats (94 inside and 46 outside)which is in violation of
their approval.The applicant is requesting to legalize the number of existing seats.
Entertainment -The Conditions of Approval allow nonamplified acoustic music Thursday
through Saturday.The applicant is requesting that this condition be modified to allow amplified
an,d nonamplified entertainment seven days a week.The restaurant has recently started to
provide amplified acoustic music which is in violation of their approval.The Town has received
a citizen complaint regarding the legality of the amplified music.The applicant has been
informed of the violation.Although the applicant has an application to legalize the use,the
applicant was informed it was intheir best interest to cease providing amplified music.
The Town's Alcoholic Beverage Policy states that the Town shall continue to discourage
applications forentertainrhent establishments serving alcoholic beverages.The policy also states
that entertainment in association with an eating or'drinking establishment may be allowed if
standards and a permit process are adopted.Standards and a permit process have not been
adopted.The question for the Planning Commission and Town Council is whether or not an
intensification of the entertainment use is consistent with the Town's Alcohol Policy.
The Police Department has requested that a condition of approval be included to review the
application within three months of approval to determine whether or not there are any issues
relating to the extended days of entertainment and the amplified music.If an issue does exist,
the matter will be referred to the Planning Commission to determine whether or not additional
conditions or modifications to the conditions need to be made to mitigate concerns.
Subsequent to the application being deemed complete,the applicant informed staff that they want
to have dancing as part of their approval.The applicant had assumed that the request for
amplified music meant that they could also have a dance floor.The applicant proposes to move
the dining tables to allow room for dancing.
Staff believes that this request could change the character of this establishment from a quality
dining restaurant to a night club.Staff does not support the request for a dance floor and finds
it inconsistent with the Alcohol Policy's purpose of protecting residential neighborhoods in close
The Planning Commission -Page 3
50 University A venuelU-03-7
May 25,2005
proximity to commercial districts.The proposed conditions have been written to ensure that
a fine dining restaurant is maintained,that dancing is prohibited and that meals be available until
the restaurant closes.The Police Department concurs with this approach.If the Commission
believes there is merit in approving the request for dancing,staff recommends that the matter be
continued to a date certain to allow staff time to further evaluate this request and prepare
conditions of approval.
2.Parking
The parking required for the subject use will increase from 34 spaces to 47 spaces.Below is
breakdown of the parking for the Old Town Center with the proposed use.With the proposed
increase in seating,the Center will have an excess of 139 parking spaces.Therefore,there will
be no parking issue associated with this application in terms of compliance with the Town's
parking regulations.In addition,the requested additional seats alreaqy exist,so there will be no
new parking impact associated with the existing spaces relating to the use.
Office
Retail
Restaurants/Classrooms
Wine Cellar w/bar (3,277 sq ft)
California Cafe w/bar (10,088 sq ft)
Steamers w/bar (6,746 sq ft)
Borders (1,741 sq ft)
Sur La Table (1,007 sq ft)
AREAl RATIO PARKING
#OF SEATS REQUIRED
20,450 sq ft %50 sq ft 81.8
64,563 sq ft 1/300 sq ft 215.2
140 seats 1/3 seats 46.70
300 seats 1/3 seats 100.00
216 seats 1/3 seats 72.00
72 seats 1/4 seats 18.00
25 seats 1/3 students 8.33
Existing Parking
In District 463
On Site 218
Total Parking 681
Required Parking 542
Excess Parking 139
3.Traffic
The project will generate 115 additional daily trips (2.86 daily trips per seat),and 11 PM peak
hour trips (0.26 peak hour trips per seat).A traffic impact mitigation fee is required as a
condition of approval.Based on the number of peak hour trips,a finding of community benefit
is also required."The applicant has provided a letter in an attempt to justify the community
benefit (Exhibit C).Based on a preliminary analysis,it appears that there will not be an increase
in traffic trips if a dance floor is permitted.
The Planning Commission -Page 4
50 University AvenuelU-03-7
May 25,2005
4.Noise
Staff has expressed a concern that there may be noise impacts associated with the amplified
music.To mitigate these concerns,conditions have been addedto specify the maximum noise
levels that are permitted for the site and exterior doors are not permitted to be open when music
is playing.As stated above,if the project is approved,staff will be monitoring the use to ensure
that any noise complaints associated with the change of use are addressed.Staff will also
measure the noise levels during a performance so that the restaurant operator will be able to
monitor the noise levels on an on-going basis.A condition of approval is included that requires
the restaurant operator to purchase and receive training on a noise meter.
5.General Plan
The applicant's letter of justification (Exhibit C)states that the project is in compliance with
L.G .1.1 ofthe General Plan in that the restaurant "has always been a maj or part of the small town
character of Los Gatos."The following sections of the General Plan are also relevant to the
proposed application:
L.P.1.3 -Encourage economic and social activity consistent with a small-scale,small town
.atmosphere and image.
L.P.5.5 -Encourage the development and retention of locally-owned stores and shops.
L.G.6.2 -Preserve downtown Los Gatos as the historic center of the Town with goods and
services for local residents while maintaining the existing Town identity,environment and
commercial viability.
N.G.1.2-Ensure that noise from new development and new land uses does not adversely affect
existing land uses.
B.RECOMMENDATION:
Pursuant to the Town's Alcohol Policy,this matter must be referred to Town Council if the
recommendation is for approval.The Development Review Committee considered this matter on
May 10,2005.As discussed above,staff does not support the request for dancing.The question
that remains is how amplified music is consistent and appropriate for a "quality"restaurant and
whether the request for amplified music is consistent with the Town's Alcohol Policy.Although the
intent of the applicant is to provide "quality"entertainment for the restaurant,the Town cannot
regulate the type of musical entertainment.Further,the CUP runs with the land;therefore,if the
current operator sells the restaurant,the future operator may not have the same business intentions
regarding the type of entertainment.In the past,restaurants in the Old Town Center had a history
of complaints from the adjacent residential neighborhood.Many of these complaints were associated
The Planning Commission -Page 5
50 University AvenuelU-03-7
May 25,2005
with the operation of the restaurants with entertainment.Over the years,staff has worked with the
owners of the Old Town Center and business operators,to successfully implement conditions of
approval to enhance the Center and to reduce neighborhood complaints.
If the Commission finds merit with the proposal,they should:
J.Make the required findings (Exhibit D),
2.Recommend approval of the application to Council,subject to conditions (Exhibit E -New
wording is shown in bold and deleted words are struck out).
If the Commission has concerns with the application,they can:
1.Continue the matter to a date certain with specific directions,
2.Recommend approval of the application to Council with additional and/or modified
conditions of approval,or
Deny the ap lication.
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
cc:Scott Seaman,Police Chief
Steve and Julie Hauck,The Wine Cellar Restaurant,50 University Avenue,Suite 180
Los Gatos,CA 95032
Doug Badia,Federal Realty Investment Trust,355 Santana Row,Ste 2000,San Jose,CA
95128
N:\DEV\REPORTS\2005\winecellar.wpd
RESOLUTION 2002 -165
RESOLUTION APPROVThTG A REQUEST TO MODIFY AN EXISTING CONDITIONAL
USE PERMIT TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING
RESTAURANT ON PROPERTY ZONED C-l:LHP:PD.
CONDITIONAL USE PERMIT APPLICATION:U-02-ll
PROPERTY LOCATION:50 UNNERSITYAVENUE,SUITE 180
PROPERTY OWNER:FEDERAL REALTY
APPLICANT:STEVE &JULIE HAUCK f WINE CELLAR RESTAURANT
WHEREAS:
A.This matter came before Council for public hearing on October 7,2002 ,on a request
from the applicant and was regularly noticed in conformance with State and Town law.
B.Council received testimony and documentary evidence from the appel1'ant and all
interested persons who wished to testify or submit documents.Council considered all testimony
and materials submitted,including the record of the Planning Commission proceedings and the
packet of material contained in the Council Agenda Report dated October 2,2002,along with
subsequent reports and materials prepared concerning this application.
C.The applicant is requesting approval to modify the closing hours from 11:00 p.m.
Sunday through Thursday and 12:00 a.m.Friday and Saturday,to 2:00 a.m.seven days a week.
Applicant is also requesting an increase in their morning opening hours on Saturday and Sunday
from 11 :00 a.m.to 9:30 a.m.The requested dosing time is.the same as was in place for the
restaurant prior to its temporary closing during the reconstruction of the Old Town Shopping Center.
D.The Planning Commission considered this matter on August 28,2002 and forwarded
it to Council with a recommendation for approval due to the uniqueness of the situation,which is
not addressed in the Town's Alcohol Beverage policy.
1
Exhibit A
E.Council finds as follows:
1.Pursuant to Town Code section 29.20.190,the proposed use of the property
is desirable to the public convenience;will not impair the integrity and character of the zone;would
not be detrimental to public health,safety or general welfare;and is in harmony with the various
elements or objectives of the Gyneral Plan and the purposes of the Town Code.Evidence in the
record demonstrates that the restaurant had previously operated with the desired closing times in the
same location without causing problems,and that the proposed hours of operation are consistent with
those of the other restaurants located in the Old Town Shopping Center.
2.Pursuant to Resolution 1994-29 the late night service will not adversely
impact adjacent residential neighborhoods;the applicant does not have a history of complaints or
violations of local ordinances or the Alcoholic Beverage policy;and the applicant has demonstrated
a clear benefit to the community in the operation of a quality restaurant.
3.The change in hours is consistent;with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section N.B).
4.The project is categorically exempt pursuant to State Environmental
Guidelines section 15301 as adopted by the Town.
RESOLVED:
1.The request to modify Conditional Use Permit U-02-11 is granted.
2.The conditions of approval as recommended to the Planning Commission on August
16,2002,set out in Attachment 2 of the Town Council Report dated October 2,2002,are hereby
adopted as the Conditions of Approval for this Conditional Use Permit.
3.The decision constitutes a final administrative deCision pursuant to Code of Civil
2
Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los
Gatos.Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure Section 1094.6,or such
shorter time as required by state or federal law .
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos,California held on the 21 SI day of October,2002 by the following vote.
COUNCn...,MEMBERS:
AYES:Steven Blanton,Sandy Decker,Steve Glickman,Joe Pirzynski,
Mayor Randy Attaway.
NAYS:No~
ABSENT:None
ABSTA1N:None
SIGNED:
.MA€~~LOSGATOS
LOS GATOS,CALIFO .IA
ATTEST ()_/
v'lU.-e1./Lz-CudV
CLERK OF Tff...E TOWN OF LOS GATOS
LOS GATOS,'CALIFORNIA
3
/
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 ~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 vibrant and
successful Downtown"and cOrnInercial areas throughoutLos Gato$;"and
WHEREAS,the Town Council held a study session on July 2,2001 to discuss issues
relating to service of a:lcoholic 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 17 th day
of September,200 1,by the following vote:
COUNCIL MEMBERS:
AYES:Randy Attaway,Steven Blanton,Sandy Decker,Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:
ATTEST:
None
SIGNED:
.~(i:.c:.
Uyo:W:TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
2
POLICY REGULATING THE CONSUMJlTION 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 deterniined on a case by case basis.The following provisions are intended to
balance the protection ofresidential 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 pennit to serve alcoholic beverages based
'on the merits of the application and subject to the following requirements:!
IT.General policy '.
1.The Town shall cOntinue to stron gly 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 ar~adopted.
4.Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
A After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,'Saturday,holidays or evenings before holidays.
An existing establishment with a conditional use per;mit in good standing allowed to serVe
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Tawn ofLos Gatos
Alcoholic Beverage Policy ,
Page 20/4
,5.Any establishment serving alcoholic beverages shall be subject to the following:
A.Uniformed priv~tely provided security guards may be required in or around
the premises by the Chief of Police ifalcqhol'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 o.:n-going employee
training on alcoholic bevera;ge 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 prprnote a designated
driver program such as'compllmentary 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 lOPM:
A.Late night service will not adversely impact adjacent residential
neighborhoods.
B.The applicarifdoes 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 ot 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
adeq\late 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 3014
III.Specific Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,if late night bar'service is available.Specific hours 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
Pennit 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.
Wme ellar
RESTAURANT
A local tradition since 1966
October 21,2004
Town of Los Gatos
Civic Center
110 E.Main Street
Los Gatos,A 95030
RE:Conditional Use Permit Amendment
TO:Town of Los Gatos
RECE~VED
APR 14 2005
TOWN OF LOS GATOS
PLANNIl\JG DIVISION
The purpose of this letter is to request a few changes to our existing Conditional Use Permit.
Seat Count:
We would like to include our existing Patio Tables in our Seat Count which will increase from
100 to 140.
Music:
We have had excellent response providing live "amplified acoustic"music indoors on Thursday,
Friday,and Saturday nights.We would like the option of providing live amplified music without
the "acoustic"limitation seven days a week.The Wine Cellar enjoyed this privilege for over
thirty years prior to the issuing of our use permit.We feel this privilege will allow the Wine
Cellar to remain competitive with other establishments in town.The Wine Cellar will provide an
upscale late night listening/dining experience and will thus be a great asset to our community and
add to the overall charm of the downtown area.We are also aware of the following findings
from the Los Gatos Planning Commission,dated February 10,1999,regarding the adoption of
the Wine Cellar's Conditional Use Permit.
As required by Resolution 1994-29 for policies regulating the sale ofalcoholic beverages,
the Commissionfinds:
1.The late night service will not adversely impact adjacent residential neighborhoods
because the music will only be on Thursday,Friday and Saturday nights and will be
contained indoors.
2.The applicant does not have a history ofcomplaints or non-compliances with local
ordinances or the Alcoholic Beverage Policy.
Exhibit C
3.The applicant has clearly demonstrated a clear benefit to the community by providing a
forumfor live,acoustic entertainment which will showcase,and can showcase,local
musical talent,folks and/or jazz music,wh.ich other restaurants or gathering places in the
community do not provide.
•Wine Cellar has always been a major part of the small town character of Los Gatos.
(L.G.1.l)
•We will continue to work with our closest neighbors to alleviate any of their concerns
regarding our operations.Our good neighbor status is extremely important to us,
• I have recently walked door to door on our neighboring streets (Mullen,Edelen,and
University)to identify any concerns residents may have regarding this application.The
neighbors C01nmented that they have never had a problem with the Wine Cellar playing
live music.They concluded that being underground must provide adequate sound
insulation for the live music.
e We will continue to provide on-site security during the later hours.
Letters of Support:
Ron and Teresa Pulling -Lifetime owner of closest residence (corner of Mullen &Edelen,see
site plan).
Sincerely,
Steve Hauck
Owner
5 0 University Avenue,Los Gatos,C A 95 030 (408)3 54-4 8 0 8
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EXHIBIT A '".'I,.".,,'
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'Paqe 3 of 3
JUly 2,2002
Town of Los Gatos
Civic Center
110 E.Main Street
Los Gatos,CA 95030
-'"._lOWN Of LOS-~A1OS:.;{it.'·~lMIN\NG COM~,,\SSIONr.28'
SUBMI1TEO ",•."".'
fOR THE RECORD
We,Teresa and Ron Pulling,have been residents of Mullen Avenue/Edelen Avenue
for many decades.Throughout this time,we have observed Wine Cellar and fully
support the owners and their business.We are their closest neighbor and actually
live directly across the street from their back door.We have never observed any
problem associated with their business;There is permit parking only and a gate that
protects Edelen Avenue from late night traffic.We have never heard any noise
coming from Wine Cellar during all the years they have had live music.We have no
problem with Wine Cellar doing business until 2 am any day of the week.
Sincerely,
Teresa and Ron Pulling
103 Edelen Avenue
Los Gatos,CA 95030
408-395-4124
REQUlRED FINDINGS FOR
50 University Avenue Suite 180
Conditional Use Permit U-03-7
.Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
•As required by the Town's Traffic Policy for a community benefit.
•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.
N:\DEV\FlNDlNGS\winecellar.vvpd
Exhibit D
CONDITIONS OF APPROVAL
50 University A venue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to .
Section 29.20.320 of the Town Code,unless the approval has been vested.
2.SEATS.The maximum seating allowed is 100 (inside and outside)140 (79 inside
dining seats,15 inside bar seats,and 46 outside dining seats).
3.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of the bar area shall be
served without meal service.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.
4..UTENSILS.All meals shall be served on reusable utensils.
5.HOURS OF OPERATION.Meals must be available up to the closing hour.The
hours of operation are as follows:
Saturday and Sunday -9:30 AM to 2:00 AM.
Monday through Friday-11 :00 AM to 2:00 AM.
6.RESTAURANT USE.A high quality restaurant and full service bar is permitted.
7.ENTERTAINMENT.There shall be no outdoor entertainment.Acoustic musical
entertainment is permitted inside onl)!and shall be limited to Thursdcry,Fridcry,and
Satmdcry onl)!.There shall be no amplified music inside or outside the restatl!ant.
Acoustic or amplified musical entertainment is permitted inside only.
8.NOISE.All amplified entertainment shall be connected to the house sound system.
Pursuant to the Noise Ordinance,the exterior noise level shall be no louder than as
follows,measured from the property line:
1 PM to 10 PM -56 decibels
10 PM to 6 AM -51 decibels
6 AM to 1 PM -52 decibels
9.DANCE FLOOR.A dance floor is prohibited.
10.DOORS.When:music is playing,exterior doors shall not be propped open.
11.REVIEW.Town staff shall review the use permit three months from approval to
evaluate any complaints received relating to the extended days of entertainment
and/or the amplified entertainment.If it is determined that the entertainment is
resulting in a public nuisance,the permit will be referred to the Planning
Commission for modification of the conditions of approval.
N:\DEV\CONDITNS\2005\winecellar Page 1 of 2
Exhibit E
12.NOISE METER.The restaurant operator shall purchase and receive training on
the operation of the noise meter.The operator shall monitor the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made
available to Town staff for review upon request.
TO THE SATISFACTION OF THE :D1RECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay
a proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos.The fee amount will be based
upon the Town Council resolution in effect at the time the use permit is issued.The fee
shall be paid within 30 days of use permit approval.The traffic impact mitigation fee
for this project,using the current ;fee schedule and the preliminary plans is $12,300.
This preliIilinary fee is based on the addition of40 seats to the existing approved 100-
seats.The project will generate 115 additional daily trips (2.86 daily trips per seat),and
11 PM peakhonr trips (0.26 peak honrtrips per seat).The imal fee shall be calculated
from the final plans·using the rate schedule in effect at the time of the uSe permit is
approved,using a trip generation rate based on high quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
14.GENERAL.The restaurant/bar 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 em.ployee 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.
15.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
N:\DEV\CONDITNS\2005\winecellar Page 2 of 2
REPORT TO:
FROM:
LOCATION:
Date:--':..M~a~y~2=_4:..>..,-==2~00::::..:S::.-
For Agenda Of:__..=..:M=a"""y-=2=S-,-,2=0,,-,0=Se-
Agenda Item:3"'--_
DESK ITEM
The Planning Commission
The Director of Community Development
SO University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the
increase in the number of seats,to modify the type of allowed
entertainment and to increase the days when entertainment is available on
property zoned C-2:PD:LHP.APN S29-02-044
PROPERTY OWNER:Federal Realty Investment Trust
APPLICANT:Steve Hauck (Wine Cellar)
EXHIBITS:
REMARKS:
A-E.
F.
Previously Submitted.
Letter from L.Justo A-Hernandez aka Larry Arzie (one page)
received May 19,200S.
Attached is a letter from a concerned citizen (Exhibit F).
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
N:\DEV\REPORTS\2005\winecellar.dsk.wpd
Attachment 6
'lbwn of los Gatos
Planning-COJ:mti.ssion
RECEIVED
MAY 1 9 2005
TOWN OF LOS GATOS
PLANNING DIVISION
Re:50 university 180 0-03-7
Those of you who followed or were on the TOWn general plan reviewcom:ni.ttee
will renember that we finalized our 2 years with a.list of recorrmanded
changes to the general plan.one of these clearly indicated that we wanted
tooo.keep the character of a srrall town and one way to do this was to reduce
the use and activity or density of the central Business District.
Lately 'we haw had a number of cases where this could have been done and in
one case even.overtly going against the recorrendations of the will of the
cormunity through the general plan review canmi.ttee r by allowing a previous
closed.doWn Swensans coffee and Ice cream parlor to be split into tv;o new
restaurant uses and with the addition of rrore seating outside.We had the
oportunity to allow only the new Ice cream "National Franchisell to occupy
part of that space•..By the way I don It think they went through the process
of a fonmla operation review through you,another loophole in our ordinances.
Instead apprmled.even.though.there was no obligation on our part to do so
a second eateJ:Y thereby .mrther:increasing destination operations instead of
allowing rror:e retail connerceto occupy the space in order.to try to return
the C.B.D.toa retail a.e.s'triCt with less food orientati.on.
We cw:rently have other simular problems happening whenproffessional offices
vacate and release to proffessiOnal offices instead of attenpting.to lease to
I:etail as required by ordinance.Anether is <::.the,.retail j~s::..at·.±he...comer
of Bachnan being turned into proffessional.nedical.
With this in nrind we are obligated to be diligent in not allowing further ...~
intensification no matter how small it may seem.to reduce not increase traffic,
parking,and conjestion :in the central business district in order to vitalize
r.etail comnerce instead of making it nore difficult for them.To add m.:Jre
seating inside or out and to increase hours of operations or music venues
to a use permit when not part.of the original requests for operating is not
acceptable or fair to the residents who live adjacent to this restaurante
and the other.'rrerchants in an already O'verburdoned C.B.D..
In this corrmunity it is nor.rral to just do things and ask for peDnission later,
and in IIDst cases it \AIOrks.But in this case if this .:request brings eVBn one
rrore car into town it is on13 rrore straw that in the total outweights our ability
to ope:r::ate an economically viable C.B.D.
FespecfullYl
Exhibit F