10 Staff Report - 42/44 Elm Street10
DATE:
COUNCIL AGENDA REPORT
July 21.2005
MEETING DATE:8/1105
ITEM NO.
RECOMMENDATION:
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TO:
FROM:
SUBJECT:
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANA~GiEE:RRT{tif~~f'"
CONSIDER A REQUEST TO MODIFY A CONDmONAL USE PERMIT TO
EXPAND AN EXISTING RESTAURANT,ADD ADDITIONAL SEATS AND
FORAN ALTERNATING USE OFPARK.1NG ON PROPERTY ZONED C-2.
APN 529-03-035.PROPERTY LOCATION:42/44 ELM STREET
PROPERTY OWNER:MICHAEL T.COBLER APPLICANT:NICHOI,AS A.
DIFU
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.
PROJECT SUMMARY:
The applicant is requesting approval to modify a conditional use permit to expand an existing 668
square foot restaurant into an adjacent personal service space,to increase the seating from 12 to 50
and to allow for an alternating use of parking.If approved,the restaurant will be 1,218 square feet
In SIze.
DISCUSSION:
The applicant is a proposed tenant,not the current owner of the Cafe Rouge restaurant.It has come
to the Town's attention that there is a dispute regarding the lease arrangement between the current
(Continued on Page 2)
PREPARED BY:
F COMMUNITY DEVELOPMENT
Reviewed by:1;))Assistant Town Manager -\01*'-->own Attorney __Clerk.__Finance
-",-.Community Development Revised:7nl105 5:58 pm
Reformalled:5J30f02
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MAYOR AND TOWN COUNCIL
SUBJECT:42/44 ELM STREET
July 21,2005
owner of the restaurant and the property owner.This is not an issue that the Town is involved in
and should be left to the property owner and the current restaurant operator to resolve.
The primary issues that need to be evaluated by Council are:(1)the expansion of a restaurant into
a personal service space,(2)whether the existing tenant spaces are viable for retail use,and (3)and
the alternating use of parking.These issues are discussed below.The Planning Conunission staff
report (Attachment 5)provides additional background information about this application.
Restaurant Expansion -The Town has adopted two ordinances that apply to this application.
First,in 2004,the Town Council adopted an Ordinance to regulate personal service businesses.
Regulations were adopted since the increase in the lltunber of personal service businesses was
found to be a possible threat to the Town's unique retail envirorunent by displacing retail
businesses.Second,in 1996,the Town Council amended the Town Code to provide a more
comprehensive review of additional restaurant uses in the Downtown area.It was found that an
over concentration of restaurants in the Downtown would displace retail uses that are vital to
continued success of the Downtown retail environment.The intent of the amendment is to
discourage the displacement ofretail uses by new restaurant uses.Although the approval of this
application would eliminate a personal service business,it would also reduce the possibility of
a retail use to occupy either of these tenant spaces in the future.
Approval of this request will also create a full restaurant operation given the existing restaurant
only has a minor kitchen prep area and the proposed use will include a full kitchen.Historically,
the existing restaurant space was initially a retail bakery.The bakery was converted to a high
turnover (sit down)restaurant and was issued a Conditional Use Permit (CUP)in 1992.It has
remained a high turnover restaurant since that time under different ownerships.The CUP was
modified in 2000 to allow beer and wine to be served with meals.This application,ifapproved,
would change the high turnover restaurant to a quality restaurant.The applicant proposes to
create an upscale ''white cloth"dining atmosphere (see Exhibit C ofAttachment 5 for a complete
description ofthe proposed restaurant operation).This space has not had a use unrelated to food
sales or service.
Potential Conversion of Existing Tenant Space to Retail Use -Council should consider
whether or not the existing restaurant and personal service tenant spaces are viable locations for
retail uses.\Vhile there is some foot traffic that passes in front ofthese spaces related to people
walking to and from the Town parking lots,the tenant spaces are not considered prime retail
tenant space.It is questionable what type of retail use would find this tenant space attractive
from a business perspective.With the exception ofthe Lite Line lighting store on Elm Street and
Romantiques Lingerie at the corner of Elm and University Avenue,there are no retail uses that
have their sole frontage on Elm Street,Grays Lane or Royce Street.Consequently,retail
businesses may have a difficult time surviving in either ofthese tenant spaces.
Parking -The required parking for the existing uses at the subject property is 15 spaces.The
subject property has 15 parking spaces with the Parking Assessment District (pAD).There are
no on site parking spaces.The proposed application requires nine additional parking spaces
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MAYOR AND TOWN COUNCIL
SUBJECT:42/44 ELM STREET
July 21,2005
when taking into account the additional seating and loss of the personal service business.In
order to meet the parking requirement,the applicant is requesting approval for an alternating use
of parking for nine parking spaces credited to the property located at 227 Almendra Avenue.In
2002,Town Council approved a zone change of the AJmendra property from Office to Single
.Family Residential.Subsequently,a new house was constructed on the vacant lot.The
Almendra property has a parking credit ofl5 parking spaces in the PAD.Therefore,the parking
spaces credited to the Almendra site are unused.A transfer ofthese parking credits is permitted
by Section 29.10.150(e)of the Town Code through the Conditional Use Pennit process.
Approval of this request must be supported by fmdings that the alternating use of such spaces
will not result in fewer parking spaces than required for the use.As stated earlier,none of the
parking spaces are required for the A1rnendra property.Written agreements between the subject
property owner and the owner of the PAD spaces are required as a condition of approval to verifY
the parking arrangement.
The Town has approved numerous requests for an alternating use of parking.These approvals
involve staggering hours of operation of the businesses to ensure that the parking is .available
when needed by each use.Contracts and lease agreements are required and there is always the
possibility that the spaces will become unavailable in the future.Consequently,lease agreements
must be provided annually to ensure parking is available.This proposal is unique in that the
available parking credits have DO encumbrances.The person who owns these parking credits
will sell them to the owner of the subject property.This is the cleanest approach for approving
an alternating use of parking since the parking credits will be permanently transferred to the
subject property.
PLANNING COMMISSION:
The Planning Commission considered this matter on May 25,2005 and denied the application on
the basis that the proposal is not consistent with the General Plan in that the proposed use is not of
a small scale,small town atmosphere and image.The Commission also felt that the expansion
would eliminate the potential for retail use of the subject spaces.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
Attaclunents:
1.Required findings.
2.Recommended conditions of approval.
3.Alcoholic Beverage Policy
4.Verbatim minutes from the Planning Commission meeting of May 25,2005 (previously
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MAYORANDTOWNCOUNC~
SUBJECT 42/44 ELM STREET
July 21.2005
submitted to Council).
5.Report to the Planning Commission from the Development Review Committee dated May 16,
2005 for the meeting of May 25,2005 -excluding Exhibit D,which is now incorporated as
Attachment 9 of this report.
6.Desk item report to the Planning Commission dated May 25,2005 for the meeting of May 25,
2005.
7.Email from Michael Rowe,received June 6.2005.
8.Letter from Larry Arzie (four pages)received July 25,2005.
9.Development Plans (Exhibit D)from Attachment 5 of staff report dated May 16,2005.
Distribution:
Nicholas A Difu,19720 Oakmont Drive,Los Gatos,CA 95033
Michael T.Cobler,900 E.Camphell Avenue,Campbell,CA 95008
BNL:SLB:mdc
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REQUIRED FINDINGS FOR
42 and 44 Elm Street
Conditional Use Permit U-OS-013
Requesting approval to expand an existing restaurant,add additional seats and for an
alternating nse of parking on property zoned C-2.APN:529-03-035
PROPERTY OWNER:Michael T.Cohler
APPLICANT:Nicholas A.Difn
•It has been determined that tbis project is Categorically Exempt pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.The deciding body,on the basis of the evidence submitted at the hearing,may
grant a conditional use pennit when specifically authorized by the provisions of the Town
Code ifit 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 ofthe 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
objectiyesofthe General Plan and the purposes ofthe Town Code.
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As required by Section 29.10.150(e)of the Town Code for alternating use of parking that
the alternating use of such spaces will not result in fewer parking spaces than required for
the use.
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.
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RECOMMENDED CONDITIONS OF APPROVAL FOR:
42 and 44 Elm Street
Conditional Use Permit U-05-013
Requesting approval to expand an existing restaurant,add additional seats and for an
alternating use of parking on property zoned C-2.APN:529-03-035
PROPERTY OWNER:Michael T.Cobler
APPLICANT:Nicholas A.Difu
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.APPROVAL:This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved and noted as Exhibit D in the report to the Planning Commission.Any
changes or modifications made to tbe approved plans shall be approved by the Director
of Community Development,Development Review Committee or the Planning
Commission,depending on the scope of the change(s).
2.EXPIRATION:Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 ofthe Town Code,unless the approval has been vested.
3.COMPLIANCE MEMORANDUM:A memorandum shall be prepared and submitted
with the building permit,detailing how the Conditions of Approval will be addressed.
4.NUMBER OF SEATS.The oumber ofseats shall not exceed 12 teta!,inclttdingbotb indoOI
and OtttdoOi seating 50 (38 inside and 12 outside).
HOURS OF ALCOHOUC BEVERAGE SERVICE.The maxnlltIDl hom'of a!eoholie
beve:tage service shall be £0111 llaILi ti.lll1prn seven days a week.
5.HOURS OF OPERATION.The maximum hours of operation shall be from 6.00=to
l.OOam seVCll days a week 11:30 AM to 9:30 PM seven days a week.
6.RESTAURANT USE.A quality restaurant is permitted.
7.ALCOHOLIC BEVERAGES.Beer and wine are permitted to be served with meals.No
alcoholic beverages 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
oat meals.Meals shall be served at the bar counter area.
8.El\l'fERTAINMENT.There shall be no entertainment.
9.HOLD HARlvlLESS.A hold hannless agreement shall be Iecoldcd maintained releasing
the Town from any liability relating to the outdoor seating.
10.TAKE OUT.Take out food shall be served in recycled material containers.
11.UTENSILS.All beverages and food served on site shall be served on reusable materials.
12.TRASH.Operators ofthe restaurant shall pick up trash in the vicinity ofthe restaurant when
outdoor seating is available.
13.LAPSE FOR DISCONTINUANCE.Ifthe activity for which the Conditional UsePennit has
been granted is discontinued for a period of one (1)year the approval lapses.
14.TRANSFER OF PARKING CREDITS.Prior to filing a building permit for the tenant
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improvements,the applicant/property owner shall snbmit the required written
agreements regarding the transfer of th~parking credits.These documents shall be
reviewed and approved by the Town.
15.MECHANICAL EQUIPMENT.All mechanical equipment shall he screened and the
screening shall match the building in terms of material and color.Screening details
shall be provided on the building permit plans.Noise levels from the equipment shall
not exceed what is permitted by Section 16.20.025 of the Town Code.
16.LOADING AREA.Staff shall evaluate the need for the existing loading area adjacent
to the outside dining area.If it is determined that the loading area should be
eliminated,the developer shall submit a plan to the Town for approval,to landscape
this area.The landscaping must be installed prior to final occupancy.
(Building Division)
17.PERMITS REQUlRED:A building pennit shall be required for the tenant improvement for
the future restaurant.Separate permits are required for electrical,mechanical,and plumbing
work as necessary.
18.CONDITIONS OF APPROVAL:The Conditions ofApproval must be blue-lined in full on
the cover sheet of the construction plans.
19.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
20.TITLE 24 -C01vlM.ERCIAL:For any proposed tenant improvements,on-site general path
of travel shall comply with the latest California Title 24 Accessibility Standards.Work shall
include,but not be limited to,accessibility to building entrances from parking facilities and
sidewalks.
21.TITLE 24 -RESTAURANT USE:Proper size grease trap shall be required for anyrestaurant
use.The following agencies will review the grease trap requirements before issuance of the
building permit:
a.West Valley Sauitation District:(408)378-2407
b.County Health Department:(408)885-4200
c.Town Public Works Department:(408)399-7530
22.SPECIAL INSPECTIONS:When a special inspection isrequired by VEC Section 1701,the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permit.The Town
Special Inspection fonn must be completely filled-out,signed by all requested parties and
be blue-lined on the construction plans.Special Inspection fonns are available from the
Building Division Service Counter or online at www.losgatosca.gov.
23.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part oftbe plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee
0[$2 or at San Jose Blue Print.
24.PLANS:The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer.(Business and Professionals Code Section 5538)
25.APPROVALS REQUIRED:The project requires the following agencies approval before
issuing a building pennit:
a.Community Development:Judie Gilli at 399-5702
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b.Engineering Department:Fletcher Parsons at 395-3460
c.Public Works Department:(408)399-5777
d.Santa Clara County Fire Department:(408)378-4010
e.West Valley Sauitation District:(408)378-2407
f Department of Environmental Health:(408)918-3400
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
26.TRAFFIC IMPACT MITIGATION FEE.The developer shaU 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 building permit applications is made.
The fee shall be paid before the building permit is issued.The traffic impact mitigation
fee for this project,using tbe current fee schedule and the preliminary plans is
$2,784.00.The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the building permit application,using a trip generation rate
based on Quality Restaurant use.
27.GENERAL.All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications.All work shall
conform to the applicable Town ordinances.The adjacent public right-of-way shall be
kept clear of all job related dirt and debris at the end of the day.Dirt and debris shall
not be washed into storm drainage facilities.The storing of goods and materials on the
sidewalk and/or the street will not be allowed unless a special permit is issued.The
developer's represeutative in charge shall be at the job site during all working hours.
Failure to maintain the pUblic right-of-way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
28.ENCROACHMENT PERMIT.All work in the puhlie right-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require construction
security.
29.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated
gross vehicle weight exceeding ten thousand (10,000)pounds shall be allowed to park
on the portion of a street which abuts property in a residential zone without prior
approval from the Town Engineer (§15.40.070).
30.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsihility of contractor
and home owner to make sure that all dirt tracked into the public right-of-way is
cleaned up on a daily basis.Mud,silt,concrete and other construction debris SHALL
NOT be washed into the Town's storm drains.
31.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shaU repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations.Improvements such as,but not limited to:
curbs,gutters,sidewalks,driveways,signs,pavements,raised pavement markers,
thermoplastic pavement markings,etc.sball be repaired and replaced to a condition
equal to or better than the original condition.Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector,and shall
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comply with aU Title 24 Disabled Access provisions.Developer shall request a walk-
through with the Engineering Constructiou Inspector before the start of construction
to verify existing conditions.
32.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused.Install a sanitary sewer lateral clean-out at the property line.
33.SAI'HTARY SEWERBACKWATER VAL YE.Drainage piping serving fixtures which
have flood level rims less than twelve (12)inches (304.8 mm)above the elevation of the
next upstream manhole and/or Oushing inlet cover at the public or private sewer
system serving such drainage piping shall be protected from backflow of sewage by
installing an approved type backwater valve.Fixtures above such elevation shall not
discharge through the backwater valve,unless fIrst approved by the Administrative
(Sec.6.50.025).The Town shall not incur any liability or responsibility for damage
resulting from a sewer overflow where tbe property owner or otber person has failed
to install a backwater valve,as dermed section 103(e)ofthe Uniform Plumbing Code
adopted by section 6.50.010 of the Town Code and maintain such device in a functioual
operating condition.Evidence of West Valley Sanitation District's decision on whether
a backwater device is needed shall be provided prior to issuance of a building permit.
34.OUTDOOR TRASH ENCLOSURES.Prior to bnilding permit final,outdoor trasb
enclosures shall be covered and area drains connected to the sanitary sewer system
sball be provided within the enclosure.Temporary trash enclosures are exempt from
this condition.
35.GREASE TRAPS.Meet all requirement of the Santa Clara County Health
Department and West Valley Sanitation District for the interception,separation or
pretreatment of efOuent.
36.CONSTRUCTION NOISE.Between Ibe hours of8:00 a.m.to 8:00 p.m.,weekdays and
9:00 a.m.to 7:00 p.m.weekends and holidays,construction,alteration or repair
activities shall be allowed.No individual piece of equipment shall produce a noise level
exceeding eighty-five (85)dBA at twenty-five (25)feet.If the device is located within
a structure on the property,the measurement shall be made at distances as close to
twenty-five (25)feet from the device as possible.The noise level at any point outside
of Ibe property plane shall not exceed eighty-five (85)dBA.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
37.ALCOHOLIC BEVERAGES.Beel and wine may be served only WiUl meals at the
rcslamant.No beel or winG IlIay leave the pICHtiStS.A meal is be defIned as a combination
of food items selected hOlD a menu which would constitnte a nOlmally accepted IIleal
(breakfast,lunch,diillleI,01 bIOIlCh).
38.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 ofthe 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.
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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.
c.Taxicab telephone numbers shall be posted in a visible location.
39.ALCOHOLIC BEVERAGE SERVICE OUTDOOR DINING:Beer and wine may be
served with meals in the outside patio area as long as there is a barrier or fencing,3 feet in
height surrounding the patio area and separating it from the sidewalk.The barrier or fencing
may be a combination of fencing and shrubbery to equal 3 feet.A hostess shall be stationed
at the patio entrance at all times.
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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 ofa1coholic beverages,if not regulated,can jeopardize pUblic~afetYl
result in an increase of calls for police services and compromise the quality of life for Town
residents;and
WHEREAS,The Town Cmmcil wap.ts to balance the regulation of alcoholic beverage
service and protection of residential·neighborhoods with the goal of maintaining a vibrant and
succ~~sful Do~to~·and comine~ial are·~~oughout Los Gato~;·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 '\
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17"day,
of September,2001,by the following vote:
COUNCIL MEMBERS:
A YES:Randy Attaway,Steven Blaoton,Sandy Decker;Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:
A1TEST:
None
SIGNED:
.Qt;';;{~
UYORldUrn TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
J
.J
CLERK OF TIlE TOWN OF LOS GATOS
LOS GATOS,CALIFORNlA
2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I.Purpose
The consumption or service of alcoholic beverages,lfnot regulated,can jeopardize public
safety.result in an increase ofcalls for police services and compromise the quality oflife for
Town residents.This policy provides parameters for alcoholic beverage service,particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is least tolerable.
The service of alcoholic beverages,with or without meals.past 10 PM is a discretionary
privilege to be determined on a case by case basis.The following provisions are intended
to balance the protection of residential neighborhoods in close proximity to commercial
districts and still maintain the viability of our commercial centers in which restaurants have
an essential role.Hours of operation may be regulated based on an establishment's
proximity to residential neighborhoods or schools,the concentration of establishments in an
area serving alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the followiIig requirements:
ll.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 pennit process are adopted.
4.Alcoholic beverage service for new conditional use permit applications or
applications for modification of a conditional use permit shall not be allowed:
A.After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,Saturday,holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past.the hours stated above may continue to operate under their existing
hours of operation.
Town ofLos Gatos
Alcoholic Beverage Policy
Page2of4
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 ofPolice if alcohol related problems recur that are
not resolved by the licensed owner.
B.At the discretion ofthe ChiefofPolice.periodic meetings will be conducted
with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general public.
C.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D.All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for
designated drivers.
E.Taxicab telephone numbers shall be posted in a visible location.
6.The deciding body shall make the following findings prior to approving an
application for conditional use permit to serve alcoholic beverages past 10PM:
A.Late night service will not adversely impact adjacent residential
neighborhoods.
B.The applicant does not have a history ofcomplaints 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 ofiood items selected from a menu (breakfast,
lunch or din,ner).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
Page30f4
m.Specific Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restamants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service sha11 be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and eveoings before
holidays,whichever is earlier,iflate 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,s'¥T0undinglimpacted
property owners shall be notified ?nd 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 ofllie business to determine whether there is a violation of the
use permit.
Town ofLos Gatos
Alcoholic Beverage Policy
Page 4 of4
d.If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance.
e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV.Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on-site
shall be snbject to Section 29.20.318(b)of the Town Code authorizing the Town Manager
to take enforcement action ifit is detennined that the sale of alcohol has become a nuisance
to ihe Town's public health,safety or welfare.Enforcement of section 29.20.318(b)of the
Town Code will be based on,but not limited to,the following factors:
I.The number and types ofcalls for service at or near the establishment that are a direct
result of patrons actions;
n.The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
ill.The number of arrests for alcohol,dmg,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
.IV.The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Departinent;
V.Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development.The Town
retains the right of review and approval (or denial)of each project based on its merits.
A P P 8 A RAN CBS,
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Los Gatos Planning
eoo.nis91oner8:
A8sistant Director of
eo.-mlty oevelop..ent:
Town Attorney:
Transcribed by:
Phil Mieciche,Chair
Michael Burke
Michlllll Kane
Tom O'Donnell
Lee Quintana
Joanne Taleetore
Morris Trevithick
Randy Tau&
Orry Xorb
Vicki L.Blandin
5500 Van Pleet Avenue
Richnond ~94804
(510)526·6049
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P R 0 C E B DIN G S:
CHAIR HICCICHE:Okay,Ite~'2.Forty-two and 44
ElM Street.Conditional U••per~lt U-OS-013,requeatinq
approval to expand an existinq restaurant,Caf6 Rouge,add
additional seats,and tor an alternating us.ot parkinq on
property roned &-2 APN529-03-03S.Is the applicant here?
NICHOLAS DIPU:Good evening,ladies and
gentlemen.The letter that I wrote you ehat's in ehe
applicaeion is preeey ~uch self-explanatory.I juse want to
reiterate the fact Ulae I have been working in this town for
twelve years now.I started aa a dishwa.her over at the
Great Bear and worked at I Gatti.I've alao worked at the
Brewing Company.I moved away for a little While to go
seudy,and I went back and worked at caf6 Marcella and ~ved
on to the Wine Cellar,and now I'~opening up a new
restaurant in eown for SUe Farwell and ~rk Achilli ae ehe
180.
The restllurane that I'~planning on designing,or
is going ta be put in,is a fine dining reseaurant.
Just to let you know,I did receive a four star
rating from the San Jose Mercury at Caf'Marcella.I
received a180 a ehree-and-a-half star rating at ehe Wine
Cellar.I wae only there at ehe eime for three-and-a-helf
~nth8.Ie's all about the food,and Jt's all aboue the fine
dining at the restaurant in LOa Gaeos,and that's preeey
LOS GATOS PLANNING COMMISSION OS/2~/2005
Item '2,42/44 Elm Street
1
LOS GATOS PLANNING OOMHISSIQH OS/25/2005
Item '2,42/44 Elm Street
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16 ':00 o'clock in the .emiRg to get things ready ••tar a.
17 prep,but no customers vill be served until 11,]0.
much it.If there are any questions I'd be willing to anewer
1 them.
condition that it you're going to serve dinner you're also
2 going to serve lunch,JUSt so we don't have a large section
]of that frontage dark during the 4ay?
NICHOLAS DlPU,I don't understand your question.
But nothing in this condition
Thank you.
Any other queetione at this
COMM:ISSIONRK BURXE:
CHAlR MICCICHE:
COMUSSIONBR BtJRICB:
requires you to serve lunch.Would you be willing to accept
a condition that ie you serve dinner on •given day you also
eerve lunch,just eo we don't have evening only restaurants
in the downtown daie during the day?
NICHOLAS DlFO:Yes,I will definitely accept
I'm serving lunch and dinner.
point?Thank you.We're going to caU the public up and.then
we'll caJ.l you back.
NICHOLAS DlFU,Thank you very lIluch for your til!le.
CHAIl/.HICC:ICHB,The first card I have is from Hr.
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COI'7USSIOffE'R BUJUCE:It seelaS to lIle that putting
moment and remin~the commissioners that there i.a desk
CHAIR MICCICHE:Let me JUSt interrupt tor a
service at 11,30.We viII open the doors up probably around
COMMISSIO.'fflR BlJRJCE:How you're planning on
serving lunch I think your letter said.correct?
NICHOLAS DI:f'U:Yes.I aIIl.
ite~on thi •.I adVi&ed you at the beginning and you want to
..aka .~you lQOk at that before ve go on.While you're
00109 that I'll open it to any questions t.hey may have.
i.cutting it kind of close.is it not?
cc.adssianer Burke.
.an 11:30..start tille OQ your condition when you eerve luncb
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mR'l'LV4ONS:My naIlIe is Kurt LeIllOllS.I own a
It's sort ot ny understanding that the
requirements tor II conditional us.permit require.public
benefit and they also have to address intensitication.
Presently there's a cottee shop at this address.The
18 Illrt LemOns.Is he here?
20 shop,Upstrea~Fly Fishing,at St North Santa Cruz Avenue in
the downtown.
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..COMHISSIONER BURltE'SO no plans for SUnday brunch
like cocking breakfast,so that's not going to happen.
COMHl:SSIONBR BURXE,One of Illy concerns,and.1
think it"one of the concerns of other people as Loa Gatos
h,s more restaurants in space,is the possibility ot dark
windows during the middle at the day.would you accept a
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l'or nothing like that?
NIOIOLAS DlPU,Brunch?No.Believe me,1 don't
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LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm Street
3
LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm Street
4
proposed expansion.my understanding,is that they're going
2 to knock down the wall between the existing coffee shop and
CHAIR MICCICHE,Let me see,are there any
2 questions.Thank you.The next card I have is from Suzanne
3 what is now a children'S salon.
I think that we have more pot luck benefit from
O'Gorman.
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the children'S salon,which none exist in the town at the
prescnt,where you have special attention to children and
their haircuts and their well being,that sort of thing.The
coffee shop that is there has been there now for quite some
number of years and does provide public benefit.
Increasing the size of that location to a larger
restaurant is going to increase intensificatIon,which can I
think at Borne future date cause some problems in that
parking lot.
Additionally,I think we have an awfUl lot of
restaurants that are really having troubles at this point in
time.I don't believe that we need an additional restaurant
that we don't even have at that location at this point in
time.I think that we need a lot more time--at least a few
more years--in the downtown area for the existing
restaurants that have undergone tremendOUS turnover over the
past few years to stabilize,and then decide at some time in
the future that we see the need for an additional restaurant
and maybe see the pUblic benefit.I think that's all I have
to say tonight.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm St~eet
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SOZANNE O'GORMAN:Hello.Actually Sandy is my
real nickname.
I'm a longtime Los Gatos resident.I've never been
to the Town Council,never felt compelled to until this
time.I've been here almost twenty-five years,raised my
kids here.
I'm here because for me this is more of an issue
of integrity really than all of the intensification and
whatever all this is.
I read the Weekly like everybody does,and I
thought Caf'Rouge,great,that's Selgis and Farhad,they're
going to expand their service.Their food is fabUlous;their
service is extraordinary.Me and several girlfriends and
colleagues--l work in software--we bring small groups of
bU91ness people from out of town,a lot of Buropeans and
Asians and whatnot,for lunch there because it's a very
comfortable and casual and ~arm environment and the food is
excellent.
So we're just sort of freaked out that all of a
sudden someone sort of slid in and is using their name.I
would never have noticedl I would have assumed it was them
and would never have come.So it'S a couple of reasons.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm Street ,
One,just integrity in our system and kind of the ,CHAIR MICCICHE:Thank you.Any questions?
2 governance ot our process here,because it really was kind 2 Commissioner Kane.
3 of a slimy deal just trom my point of view in terms ot how
it even got on the roster here.
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I think also there's a lot of commercial pressure
to move.I've seen 80 many small business proprietors move
out,and it's really what the charm of LOS Gatos has been
forever,right?so yet another sort of a larger white
tablecloth Forbes Mill,Chart House,Steamer's,larger
environ~ent.r think to Kurt'S point,we just don't need it.
I mean I hear they're Buffering and I don't know why it
makes any sense at all.
So I don't know how many seats they're suggesting,
1 don't know the volume of cars.We have a never~ending
parking problem.I'll bet you I've supported the town just
paying parking tickets for my two teenagers for at least ten
years.I'm sure I'm at the top of your list of revenue
producers,so r mean there is a parking issue for sura.
What else am r wondering about or worried about?
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COMMISSIONER KANE,What do you mean,"slimy
deal?"
SUZANNE O'GORMAN:When I read the Wsekly it says
that Caft!Rougs was expandiny.So to me that means the
current proprietors are expanding Caf6 Rouge,right?I know
that Farhad and Belgis had an idea to.YOU know,Oakville
went out and we really missed having a place you could go
and get kind of appetizer stutf and fresh foods that you
wouldn't wsnt to prepare yourself.So I just assumed that'S
what was happening,that they were expanding to their sort
of vision to provide kind of a quasi-oakville local shop.
COMMISSIONER KANE:And?
SUZANNE O'GORMAN:That's not what it is at sll.
It's a restaurant and lunch and dinner,no more coffee and
all the switches.I go every Saturday and Sunday for coftee
after we run,so it's a complete change.It's a
misrepresentation in my mind to what it really is.
19 It just doesn't make any sense to me.We don't need it.It
20 seemed kind of slimy,snd that's why I'm here.Otherwise
I'll probably never see you all again.Everything else works
great in the town for me,I love it.My kid's graduated from
high school,yes,Whoa-who,they're on to college.I just
felt like I needed to come and say my piece snd that's it.
LOS GATOS PLANNING COMMISSION OS/25/2005
rtem 12,42/44 Elm Street
CHAIR MICCICHE:Excuse me.Did you have a chance
20 to read the Staff Report that they have on list?
SUZANNE O'GORMAN:Staff?
CHAIR MICCICHE,They have a Staff Report on this
thing,and it states,"The applicant is not a proposed
tenant,not the current owner of the Caf6 Rouse
Restaurant."
LOS GATOS PLANNING COMMISSION 05/25/2005
Item 12,42/44 Elm Street ,
r-estaurllnt.
COMMISSIONER QUINTANA:Yeah,I do have"comment
SUZANNE O'GORMAN:Just the misrepresentation of
what it is.And again.I just read the newspaper.
FARHAD PROUSHAHI:I cUd,
referring to,that it was misleading as far as we are
concerned.
CHAIR MICCICHE,Why don't I have it then?Oh,
here it is.I'm sorry.Farhad?
FIl.RHAO PROU$HANI:GOOd evening,Illy name 1s Farhad
PToushani .nd this statement I'm going to ~ke is more
informative than anything else.
He and -r wife,we are the owner.of the caf~
Rouge.we never put any application at this tiee for .ny
expansion.Not only the paper it says,but .lso on the
le.flets that were sent to the neighborhood,it said Caf~
Rouge is expanding.I'm just following what she was
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We are the owners of the caf~ROUge;I say it once
again.we are the legal leaseholders for the next three
years at the same location,and it'S ironic that I can see
1G an application is baing put to turn the pl.ce into •
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CIIAIR MICCICIIE,I don't think it'.an 1II8U8 here.
Let's move on.Commissioner Quintana.
read in the newspaper.
SUZANNB O'OORMAN:Yellh.
SUZANNE O'OORMAN:Oh,okay.
COMMISSIONER KANB:I'm trying to clear up what
she mean.by "sllay deal."It thera'S ao-ething wrong or
inappropriate that you would offer.then .ay 80.
SUZAHNB O·~:1 just read the newspaper.
CHAIR MICCICHE,I know.we aon't write the paper
though.I think that's what he's trying to clear up.It'S
been stated clearly to us that it's not the existing
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stay there for the next three yesrs.Thank you very much.
ar~still working,we are still plsnning,and we intend to
restaurant when the owner is .live and is working.This is
re.lly ridiCUlous.I eean this application.this meeting
regarding that .pplication is co-pletely out of boundS.we"
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on this.Let Ge state it this way:when I read the notice in
the ne...sPllper on the hearings that were going to ce-e before
the Planning eo.adssion before I got -r st.ff report,I .ade
the same a'8~tion that you did.I don't think it ....,
particUl.rly slimy,but it wasn't the complete infOrMation.
That "'as the ",ay th"application was written.
CHAIR MICCICHE:That's fine.Th.nk you,DO I have
any more cards1 Are there any acre speakers on this item1
Did you till out a card,sir?
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CHAIR MICCICHE:Do we h.ve a question?What is
LOS GATOS PLANNING COMMISSION OS/25/2005
Item 12,42/44 E1JII Street
LOS GATOS PLANNING COM~ISSION OS/25/2005
Item 12,42/4.4 Elm Street
9
COMMISSIONER BU'RXE:Do you have a reghtered
2 fictitious busin•••name for Catt Rouge in Santa Clara,or
]do you own the DBA?
FARHAD PROUSltMlt,Yes.sir.we have it for the
FARHAD PROOSKANI,I under'tand.
COKUSSIONER O'DONNBLL:And 80 ve're in a no
lIIan'S land.
CHAIR MICCICHlll No,we're not.That"their
issue;it's not our•.
cotot'IISSIONER O'DONNELL:Here's Mr.KOrb.Orry •
while you _~out thi'que.tion CUle up.
The tenant rea.ona!:lly .ays that he i,the tenant
and is doing what be ought to do and.be'5 going to do it the
ot the property and the applicant,and there eeems to be a
2 dispute between you and the owner.
FARHAD PROUSHANI,I W'Il1er.t.nd.
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COf+IISSIONER BI,1RICl!,You're the owner of that name
and you say you have •valid lease for that location for the
next three Y1!ars1
FARKAO PROt15HAHI:For chI!OeJl:t theet!years.yes.
next four monthl.We need to register it after four monthl.
COMMISSIONeR BURXE:SO you still have it?
PARHAn PROUSHANI:At this point of time,we are
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CQMotISSIClNER BORU:Thank you.next three years.The ~port ve read aays tbe~seeJllS to be
OJ!oMISSIONBR O'DORNELL,Orry Korb is gone I
gu....
CHAIR MICCICHE:Yes,at this point he ia.
CQIoIoIISSIONBR O'DONNELL:When I read the report,ORRY IORB:Again,it"another ot those private"
IIO!M!!dispute betveen the tee OWDer and tbe tenant.We have
an application I a,sUJ:Ie betore u.signed by the owner llnd.
the applicant.and thi.gentlelllollO i,.aying this is cra,..y
16 because he's there.What does that lM!an tor u,1
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Yes,ee-issioner O'Donnell.CfQ.1R MICCICIlll,
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18 .~r.ntly there'S some dispute going between the owners of
19 the property and the tenant of thl!!property.
11 disputes that a~otten raised in the context ot land use
19 applications.
COt9IISSIONSR 0'DONNELL:
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tonight?
CHAIR MICCICHE:
CHAIR MICCICHE:
FARHAIl PROUSHANI,
Correct.
I assume the owner ia not here
NO,!tiro
we're in a position where
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Any approval i,ultiaat'ly 'ubject to the right of
the owner to get access to the property.Merely approving
the application,sbould the eo.mi,.ion choose to da that,
doe5 not aut~tically mean that the Ie••,ia te~inated,it
doesn't arrect the rights at the parties one way ar another.
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we have something,as I understand it,signed by the owner
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LOS GATOS PLANNING CO~MISSION OS/25/2005
Item '2,42/44 Elm Street
LOS GATOS PLANNING COMMISSION OS/25/2005
Item f2,42/44 Elm Street
11
OQMNISSIONRR KANE:~ust ~yes or no f~TOwn
Council.Would it be too involved,would there be any merit
to continue this question until that question was resolved?
modiCyiog an existing use (inaudible)utilize the name of
the current bUsiness in the interest of communicating to the
public where this business is.
CHAIR MICCICHE:Good.00 you have a question?
You .ean eo continue the question of
Hot at this point.Let thea ask.
No,not at aU .
May 11
ORR.Y mRS:
CHAIR HICCICIIE:
CHAIR MICCICHE::
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part of chi,iS8ue,80 it'.a land use isaue.It ten't our
~deal with the tenant.Again.it'S alway.going to be
subject to whatever rights the tenant has.
CHAIR MICCICHE,Thank you.Well then,let'.put
it in context.The Staff Report very clearly said it was not
We a~e not judges of those questions.We don't
have the tacta,and even it we had the facta on both ,ides,
we are not empowered to decide who has the property right
and the property.All the Commission can do i8 act within
its authority on the land use issues and decide,and should
you grant the application that would ulti~tely mean that
the appll.cant and the owner of the propllrty would still have
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issue with this.So if we're going to do it for aca~c the landlord/tenant di~te?
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reasons.that's fine,we c~n do it ~ftervard&,unle.s it'S
relevant to the land use issue."
OOHMISSIOHER KAh~:
resolved?
Until that dispute is
"ORRY KORB,It's relative to the notification and ORRY KORS:It probably would not be a very good
16 the application.
OOHMISSIONBR BURKE:Was the application filed in
16 idea to do that.I mean basically what you're saying ill
I?YOU're prejuaging the isaue.
well again,any action that you take,
OQMMISSIONBR KANE:I'~also saying it adds an
ORRY KORB,
was an approval,it would be subject to--and you can state
it expressly if you wish to do BO--tO the outcome of the
landlord/tenant dispute.If the landlord vere to-lOBS his
assuming--and I'm nOt suggesting·-but assuming that there
I'incentive to the lssue.
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The application vas not filed underRANDYTSUDA:
the name taU Rouge.The Staff has been requested.in
valid application,was it a valid notification,vas my
situations where you are modifying a tenant's space or
question."
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l'under the na-e of caf~Rouge have a right to do that if they
did not avn the fictitious Ilame,IlJId ther.Core vas it •
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LOS GATOS PLANNING COMMISSION OS/25/2005
Item 12,42/44 Elm Street
LOS GATOS PLANNING COMMISSION OS/25/2005
Item 12,42/44 Elm Street
claim of primacy over the property,he can't do anything ,COMMISSIONER BURKE:Question regarding parking
NICHOLAS DIFU:Yes,no.
2 and the parking credits,Have you or the landlord already
3 reached an agreement with the owner of the parking credits
tram Almendra,or is that still speculative?
,CHA.IR MICCICHE:Thank you.Are there any other
Chairman.
2 with the permit.
COMMISSIONBR KANE,Thank you.Thank you,Mr.
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,speakers on this?Seeing none.then I'm going to close the ,COMMIS8ION~R BURKE:YOU have reached au agreement
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public hearing.I'm sorry;I'm going to bring the applicant
back up,if there'S any rebuttal to what's been stated here.
NICHOLAS DIFU,There is no rebuttal.If there'S
any other questions.
I do have one comment though about the children
that was made.I have four nieces,I have a lot of family
and friends,end one of the reasons was to do a fine dining
restaurant where also people can bring in their kids and be
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on that?
NICHOLAS DIFU:Yes .
COMMISSIONER BURKE,Thank you.
CHAIR MICCICHE'Any other questions.Commissioner
Talestore.
COMMISSIONER TALESFORB:I have a question about
he ventilation system.Will this exposition kitChen you're
speaking about,will this require new ventilation apparatus?
"able to teach them how to eat in a fine dining restaurant,
and that'S part of what this town doesn't have as well,but in.
NICHOLAS DIFU,Yes,we will be putting a new hood
16 it's going to be okay."COMMISSIONER TALESFORE:I mean on the roof.
Being able to see a chef cook because of the NICHOLAS DIPU:Yes,it's going to be on the roof,
18 exposition kitchen where the chefs will be in front of you
19 cooking,Los Gatos does not have that completely,and we'll
18 and it's going to be tar enough back where it won't be seen
19 from the street.It will be in the back of the building.
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be doing that in tront at you guys,so we can be showing you
guys what we're doing.
That's basically it.If there's any other
questions."
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CHAIR MICCICHE:Okay?
NICHOLAS DIPU,Thank you.
CHAIR MICCICHE:Thank you.with th$t I'm going to
close the public hearing and open it up to either comments,
CHAIR MICCICHE:Yes,Commissioner Burke.a motion,or questions of Staff.I'm going to make one
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COfl\l11ent t1rst.
LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm Street
LOS GATOS PLANNING COMMISSION OS/25/2005
Item j2,42/44 Elm Street
15 16
When I looked this over I saw this as the issue
2 being whether we're going to give up a pereonal service
3 area,which 18 essentially a retail area,and convert it to
a restaurant.That to me vas the issue hara,and that to me
:tes .
Consist..nt with the G..nsralCHURMICCICHE'
CI~lR MICCICHE:Do we have a second?I have a
COMMISSIONER TALES FORE,
~lan.
vital to us.That is a wondarful littls retail area th~t
could not find that this would adequately .eet what 1 think
opinion and according to the General Plan languag.-the kind
Plan and the eonformances that this would have to reaeh,I
developing ther...c.f6 Rouge is of the Und of-in .y
is very important here,and that is,~consistent with the
that it definitely would displace the retail uses that are
of .-.11 scale that we're looking for.
small seale,small town atmosphere and image,"and also
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it,it can beco-e a restaurant again atter that.
At the present tilNl we have a high turnover
is still the i.sue.
restaurant there with no Xitchen and we're going to co~vert
it to a high quality restaurant with a kitchen,Keep in mind
that if this i.done.that condition use pe~it then will go
.ith the land,80 that even it this restaurant doesn't make
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So that'S our issue.Are we willing to give up a
potential retail space,whIch 1s now a personal service
business,versus making the whole thing a restaurant ~t this
point.That'S the way I look ~t this thing when I looked it
I~over,~nd I just w~nted to .ake that comaent.
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Yes,do you have ~co-ment or a question?
CQMo4ISSIONER TAL8SPOU,No,a .:lOtion to lIl8J<e.
CHAIR MICCICHS:YOI1 have a kltion1 By all _an.,
I'second.Any ea..ents on the motiOD?Do you want to add
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"COMMISSIONER TALSSFORE,I propose--for discussion
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aa.eth1ng to the ~tion?
COMMISSIONER QUI~ANA:Yes,I'd like to
emphaal1e and then add a little bit to what Commissioner
Talesfor..said.
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I hope---but I propose to deny Conditional Use Permit U~OS-
013 requesting approval to expand the existing restaurant,
add additional eeats,for an alternating use of parking on
property toned Z-2.
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I also could not find that this particular
propoaal ~ets moat if not all tho Genecel Plan policy
confoc.aDC8 that is listed in the Staff Report,beeeuse
""
LOS GATOS PLANNING COMMISSION OS/25/2005
Item 12,42/44 Elm Street
17
LOS GATOS ~LANNING C~~lSSIOH 0~/25/2005
Item f2,42/44 Elm Street
18
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one,while the Town had regulations regarding personal
service businesses,we don't went them to have too many.
On the other hand,there is also regulations
regarding increased restaurants,end as C~ssioner
Telesfore said.if we allow this to go through,we have
displaced e personal service business Which might be
considered e plUS,but we've also intensiried e restaurant
which would be considered in my mind a negstive because it
would eliminate the possibility in the neer-term tuture any
type of real retail use in those two spaces.
In addition,and I think it was mentioned by
somebody who spoke referring not exactly in those terms,
but that the Cafe Rouge is a sma~~town character.
A~SO with respect to the a~ternet.parking,whi~e
in theory it meets the requirements,my ree~ing was that
using credits ror a location that is located five or six
blocks away in reality doesn't provide the parking spaces
near the actual use.
CHAIR MICCICHE'Thank you.Any other comments?
Hike
COMMISSIONER BORKE:I was originally when I
started looking at this thinking that giving up a personal
LOS GATOS PLANNING COMMISSION OS/25/2005
Item f2,42/44 Elm Street
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service business for an expanded restaurant was probably a
good idea.Then I started looking at the parking issues.
I don't want to get into small town losing one
restaurant for another,but I am concerned about the
parking issues and taking the parking credits-and I'm
making these statements now because I assume this is going
to go to the Council and I want them to know the way I
feel-is those fifteen spots that are not being used on
Almendra are a critical reSOUrCe for this town and I would
hate to see them used on something that we have a ~ot of,
i.e.a restaurant,no ~tter how good it is,when there are
so many other things we need in the town and those credits
could maybe be better used.
CHAIR MICCICHE:I'm going to call the question.
All those in favor?Against?Seven-zero.Do you ~ant to give
the appeal rights?
COMMISSIONER BURKE:I'm abstaining.
CHAIR MICCICHE,Oh,that's right.You have to
recuse yourself.The vote is six-nothing.We just have
recalled that Commissioner Burke had to recuse himself from
this application.We have a six-nothing vote.
ORRY KORB:Two points.For the record,Mr.Burke
did,slightly late,hut did recuse himself from further
participation in the application because he does,or at
least we think he has a property interest within 500 feet of
LOS GATOS PLANNING COMMISSION OS/25/2005
Item '2,42/44 Elm Street
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the location subject to the application.We didn't have a
2 change to measure that.so to be eonservative,he's recused
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There are appeal rightl.Anyone dissatisfied with
the decision of the eoa-ission .ay appeal the d~i8ion to
the Town council.The appeal must be filed upst.airs in the
Clerk's Office.It must be filed within ten days.There 1s a
tee for filing an appeal.
LOS GATOS PLANNING COMMISSION O~/2~/2005
Item '2,42/44 Elm Street
21
REPORT TO:
FROM:
LOCATION:
FINDINGS:
EXHIBITS:
A.REMARKS
1.Project Summary
Date:_-:--:::c:-_M,:":,,aY,,--,,16~,~2'1:00~5,;
For Agenda Of:_----'M""'aY':'2""5c-,",20",0",5,---
Agenda Item:-"2~_
The Planning Commission
The Development Review Committee
42 and 44 Elm Street
Conditional Use Permit U-05-0B
Requesting approval to expand an existing restaurant (Cafe:Rouge),add
additional seats and for an alternating use of parking on property zoned
C-2.APN:529-03-035
PROPERTY OWNER:Michael T.Cobler
APPLICANT:Nicholas A.Difu
DEEMED COMPLETE:April 21,2005
FINAL DATE TO TAKE ACTION BY:October 21,2005
•As required by Section 29.20.190 oftbe Town Cod~for the granting
of a Conditional Use Permit
•As required by Section 29.10.150(e)of the Town Code for alternating
use of parking
•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 bas been determined that the project is Categorically Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
A.Required Findings.
B.Recommended Conditions of Approval.
C.Letter of Justification (two pages)received April 15,2005.
D.DevelopmentPlans (two sheets)received April 21,2005 ..
The applicant is requesting approval to modify a conditional use permit to expand an existing
restaurant into an adjacent personal service space,to increase the seating from 12 to 50 and to
allow for an alternating use of parking.If approved,the restaurant will be 1,218 square feet in
size.The primary issues that need to be evaluated by the Commission are the expansion of a
restaurant into a personal service space and the alternating use of parking as discussed below.
Attachment 5
The Planning Commission -Page 2
42 and 44 Elm StreetlU-05-013
May 25,2005
The applicant is a proposed tenant,not the current owner of the Cafe Rouge restaurant.It has
come to the Town's attention that there is a civil issue regarding the lease arrangement between
the current owner of the restaurant and the property owner.This is not an issue that the Town
is involved in and should be left to the property owner and the cunent restaurant operator to
resolve.
2.Use
Expansion -The site currently contains a commercial building with three retail spaces,two
personal service spaces (hair salons)and one restaurant with outside seating.The applicant is
proposing to expand an existing 668 square foot restaurant into an existing 550 square foot hair
salon for a total of 1,218 square feet.The expansion is not considered a new restaurant use,
however,it is an expansion of an existing restaurant.In addition,the existing restaurant only has
a minor kitchen prep area and the proposed use will have a full kitchen.The plans show that a
bar counter is proposed.This counter will operate as a food service bar so that the customers
will have an opportunity to observe the chef.The counter is not intended to operate as a separate
bar area for the purpose of drinking alcoholic beverages.No exterior work is proposed.
The Town has adopted two ordinances that apply to this application.First,in 2004,the Town
Council adopted an Ordinance to regulate the establishment of personal service businesses.
Regulations were adopted since the increase in the number of personal service businesses was
found to be a possible threat to the Town's unique retail environment by displacing retail
businesses.Second,in 1996,the Town Council amended the Town Code to provide a more
comprehensive review of additional restaurant use in the Downtown area.It was found that an
over concentration of restaurants in the Downtown would displace retail uses that are vital to
continued success of the Downtown retail environment.The intent of the amendment is to
discourage the displacement of retail uses by new restaurant uses.Although the approval of this
application would eliminate a personal service business,it would also reduce the possibility of
a retail use occupying either of these tenant spaces in the future.It will also create a full
restaurant operation given the existing restaurant only has a minor kitchen prep area and the
proposed use will include a full kitchen.
Number ofSeatslHours of Operation -The applicant is also requesting approval to increase
the number of seats from 12 to 50.The hours of operation will be reduced from 6:00 AM to 1:00
AM seven days a week to 11 :30 AM to 9:30 PM seven days a week.The existing outside seating
and the service of beer and wine will be maintained.No entertainment is associated with this
use.The Police Department has considered this application and has no concerns.
Restaurant Classification -The existing restaurant is classified as high turnover sit down
restaurant.The proposed restaurant,will operate as an upscale,fine dining restaurant or
"quality"restaurant as defined by the Zoning Ordinance.Following are the definitions of a
"quality"restaurant and a "high turnover"restaurant pursuant to Section 29.10.120 of the Town
Code:
The Planning Commission -Page 3
42 and 44 Elm StreetlU-05-013
May 25,2005
Restaurant,quality means a restaurant ofhigh quality and with turnover rates usually ofat
least one (1)hour or longer,generally do not serve brealifast,may not serve lunch,but
always serve dinner.
Restaurant,high tumover(sit~down)means a restaurant with turnover rates generally a/less
than one (l)hour,is usually moderately prices andfrequently belong to a restaurant chain,
generally serves breakfast,lunch and dinner,and are sometimes open twenty-four (24)hours
a day.
3.Parking
The subject site has 15 parking spaces within the Parking Assessment District (pAD).There are
no on site parking spaces.Following is a breakdown of the required parking.
Parking Existing Use Proposed Use
Radio sq fUreq parking sq fUreq
parking
Retail 11300 sq It 2,423 8.07 2,423 8.07
sq It sq It
Personal 1/300 sq It 1,152 3.84 602 2.01
Service sq It sq It
Restaurant 1 spacel 668 3.00 1,218 13
4 seats sq It sq It
TOTALREQ 15inpA])24 in PA])
PARKING o on site o on site
The proposed application requires nine additional parking spaces adjusted to take into account
the additional seating and loss of the personal service business.In order to meet the parking
requirement,the applicant is requesting approval for an alternating use of parking for nine
parking spaces credited to the property located at 227 Almendra Avenue.In 2002,Town Council
approved a zone change of the Almendra site from Office to Single Family ResidentiaL The
Almendra site has a parking credit of 15 parking spaces in the Parking Assessment District.A
house has been constructed at the Almendra site.Therefore,the parking spaces credited to the
Almendra site are unused and available.A transfer of these parking credits is permitted by
Section 29.1O.150(e)of the Town Code through the Conditional Use Permit process.Approval
of this request mu::;t be supported by findings that the alternating use of such spaces will not
result in fewer parking spaces than required for the use.As stated earlier,none of the parking
spaces are required for the Alrnendra property.In addition,written agreements will be required
as a condition of approval to verify the parking arrangement.
The Planning Commission -Page 4
42 and 44 Elm StreetlU-05-013
May 25.2005
The Town has approved numerous requests for an alternating use of parking.These approvals
involved staggering work hours of the businesses to ensure that the parking was available when
needed by each use.Contracts and lease agreements are required and there is always the
possibility that the spaces will become unavailable in th~future.Consequently,lease agreements
mus be provided annually to ensUre parking is available.This proposal is unique in that the
available parking credits have no encumbrances.The person who has rights to the available
spaces will sell them to the property owner.This is the cleanest approach for approving an
alternating use of parking since the parking credits will be transferred to the subject property.
4.Traffic
The restaurant will change from"a high turnover restaurant to a quality dining restaurant.which
generates fewer trips.However,due to the change of use from personal service to restaurant,
there will be a net increase of 47 ADT and four PM peak hour trips.The traffic impact is
considered minor according to the Town's Traffic Impact Policy and a traffic study and
community benefit are not required.Traffic impact mitigation fees,however,are required as a
condition of approvaL
5.General Plan Conformance
The General Plan desi~ation for the parcel is Central Business District Zone,wbjch allows for
community oriented goods and services,while maintaining a small town character.The
following sections of the General Plan are 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 .5.1 -Maintain a variety of commercial uses (a strong downtown commercial area
combined with Los Gatos Blvd andstrong neighborhood coITUhercial centers)to meet
the shopping needs of residents and to preserve the small-town atmosphere.
L.P.5.2 -Encourage a mix ofretail,office and professional uses in commercial areas,
except in the Central Business District where retail should be emphasized.
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 conunercial viability.
T.P.6.4 -Require adequate parking in commercial areas so as not to impact or affect
adjacent residential properties
The Planning Commission -Page 5
42 and 44 Elm StreetlU-05-013
May 25,2005
C.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
April 19,2005.As discussed above,in considering this application,it must be detennined whether
or not the reStaurant expansion is in the best interest of the community and consistent with the
aforementioned General Plan policies.If the Planning Commission finds merit with the proposal,
it should:
1.Make the required findings (Exhibit A),
2.Recommend approval of the application to Council,subject to conditions (Exhibit B -New
wording is shown in bold and deleted words are struck out).
If the Commission has concerns with ~e application,it can:
1.Continue the matter to a date certain with specific directions,
2.Reconunend approval of the application to Council with additional and/or modified
conditions of approval,or
3.Deny the application.
Bud N.Lortz,Director of Community Development
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
cc:Nicbolas A.Difu,19720 Oakmont Drive,Los Gatos,CA 95033
Michael T.Cobler,900 E.Campbell Avenue,Campbell,CA 95008
N:\DEV\REPORTS\2005\42ELM.wpd
42 and 44 Elm Street
,
REQUIRED FINDINGS FOR
42 and 44 Elm Street
Conditional Use Permit U-OS-013
Requesting approval to expand an existing restaurant (Cafe Rouge),add additional seats
and for an alternating use of parking on property zoned C-2.A..PN:529-03-035
PROPERTY OWNER:Micbael T.Cobler
APPLICANT:Nicbolas A.Ditn
•As required by Section 29.20.190 oftbe Town Code for granting a Conditional Use
Permit.
•As required by Section 29.10.150(e)of the Town Code for alternating use of parking that
the alternating use of such spaces will not result in fewer parking spaces than required for
the use.
•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.
N:\DEV\FINDJNGS\42ebn.wpd
Exhi.bit:A
RECOMMENDED CONDITIONS OF APPROVAL FOR:
42 and 44 Elm Street
Conditional Use Permit U-05-013
Requesting approval to expand an existing restaurant (Cafe Rouge),add additional seats and
for an alternating use of parking on property zoned C-2.APN:529-03-035
PROPERTY OWNER:Michael T.Cobler
APPLICANT:Nicholas A.Difn
TO THE SA TISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.NillvfBER OF SEATS.Thenurnberofseats shall not exceed 12totaf,inclttdillghothindoOI
and OtltdOOI seating 50 (38 inside and 12 outside).
HOURS Of ALCOHOUC BEVERAGE SERVICE.The m.ximmn oom,of aleooolie
Leverage SCI vice shall be from llam till I1pm seven days a week.
2.HOURS OF OPERATION.The maximum hours of operation shall be from 6.00"'n to
1.00am seven days a week:11:30 AM:to 9:30 PM seven days a week.
3.RESTAURANT USE.A fme dIning restanrant Is permitted.
4.ALCOHOLIC BEVERAGES.Beer and wine are permitted to be served with meals.No
alcoholic beverages 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.Meals shall he served at the bar counter area.
5.ENTERTAINMENT.There shall be no entertainment.
6.HOLD HARl\I£LESS.A hold hannless agreement shall be lccolded maintained releasing
the Town from any liability relating to the outdoor seating.
7.TAKE OUT.Take out food shall be served in recycled material containers.
8.UTENSILS.All beverages and food served on site shall be served on reusable materials.
9.TRASH.Operators ofthe restaurant shall pick up trash in the vicinity ofthe restaurant when
outdoor seating is available.
10.LAPSE FOR DISCONTINUANCE.Ifthe activity for which the Conditional Use Pennithas
been granted is discontinued for a period of one (1)year the approval lapses.
I I"TRANSFER OFPARKlNG CREDITS.Prior to filing a building permit for the tenant
improvements,the applicant/property owner shall submit the required written
agreements regarding the transfer of the parking credits.These documents shall be
reviewed and approved by the Town.
(Building Division)
12.PERMITS REQUIRED:A building permit shall be required for the tenant improvement for
the future restaurant.Separate pCffilits are required for electrical,mechanical,and plumbing
work as necessary.
13.CONDITIONS OF APPROVAL:The Conditions ofApproval must be blne-lined in full on
N:\DEV\CONDITNS\2005\42elm.wpd Page 1
Exhibit B
the cover sheet of the construction plans.
14.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
15.TITLE 24 -COMMERCIAL:For any proposed tenant improvements,on-site general path
oftravel shall comply with the latest California Title 24 Accessibility Standards.Work shall
include,but not be limited to,accessibility to building entrances from parking facilities and
sidewalks.
16.TITLE 24 -RESTAURANT USE:Proper size grease trap shall be required for any restaurant
use.The following agencies will review the grease trap requirements before issuance of the
building permit:
a.West Valley Sanitation District:(408)378-2407
b.Cotmty Health Department:(408)885-4200
c.Town Pnblic Works Department:(408)399-7530
17.SPECIAL INSPECTIONS:When a special inspection is reqnired by UBC Section 170 I,the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permit.The Town
Special Inspection form must be completely filled-out,signed by all requested parties and
be blue-lined on the construction plans.Special Inspection forms are available from the
Building Division Service Counter or online at www.losgatosca.gov.
18.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Contrd"i Program shall be part ofthe plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee
of$2 or at San Jose Blue Print.
19.PLANS:The construction plans shall be prepared under the direct supervision ofa licensed
architect or engineer.(Business and Professionals Code Sec'tioD 5538)
20.APPROVALS REQUIRED:The project requires the following agencies approval before
issuing a building pennit:
a.Community Development:Judie Gilli at 399-5702
b.Engineering Department:Fletcher Parsons at 395-3460
c.Public Works Department:(408)399-5777
d.Santa Clara County Fire Department:(408)378-40 I0
e.West Valley Sanitation District:(408)378-2407
f.Department ofEnvirournental Health:(408)918-3400
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21.TRAFFIC IMPACT MITIGATION FEE.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 building permit applications is made.
The fee shall be paid before the building permit is issued.The traf:fic impact mitigation
fee for this project,using the current fee schedule and the preliminary plans is
$2,784.00.The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the building permit application,using a trip generation rate
based on Quality Restaurant use.
N:\DEV\CONDITNS\2005\42eJm.wpd Page 2
22.GENERAL.All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications.All work shall
conform to the applicable Town ordinances.The adjacent public right-of-way shall be
kept clear of all job related dirt and debris at the end of the day.Dirt and debris shall
not be washed into storm drainage facilities.The storing of goods and materials on the
sidewalk and/or the street will not be allowed unless a special permit is issued.The
developer's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
23.ENCROACHMENT PERMIT.All work in the public rigbt-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require construction
security.
24.CONSTRUCTION STREET PARKING.No vehicle haviug a mauufacturer's rated
gross vehicle weight exceeding ten thousand (10,000)pounds shaH be allowed to park
on the portion of a street which abuts property in a residential zone without prior
approval from the Towu Eugineer (§15.40.070).
25.SILT AND MUD 1N PUBLIC RIGHT-OF-WAY.It is the responsibility of coutractor
and home owner to make sure that all dirt tracked into the public right-of-way is
cleaned up on a daily basis.Mud,silt,concrete and other construction debris SHALL
NOT be washed into the Town's storm drains.
26.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations.Improvements such as,but not limited to:
curbs,gutters,sidewalks,driveways,signs,pavements,raised pavement markers,
thermoplastic pavement markings,etc.shall be repaired and replaced to a condition
equal to or better than the original condition.Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector,and shall
comply with all Title 24 Disabled Access provisions.Developer shall request a walk-
through with th~Engineering Construction Inspector before the start of construction
to verify existing conditions.
27.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused.Install a sanitary sewer lateral clean-out at the property line.
28.SANITARY SEWERBACKWATERVAL VE.Drainage piping serviugHxtures which
have flood level rims less than twelve (12)inches (304.8 mm)above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer
system serving such drainage piping shall be protected from backflow of sewage by
installing an approved type backwater valve.Fixtures above sucb elevation shall not
discharge through the backwater valve,unless first approved by the Administrative
(Sec.6.50.025).The Town shall not incur any liability or responsibility for damage
resulting from·a sewer overflow where the property owner or other person has failed
to install a backwater valve,as defined section 103(e)of the Uniform Plumbing Code
adopted by section 6.50.010 of the Town Code and maintain such device in a functional
operating condition.Evidence of West Valley Sanitation District's decision on whether
a backwater device is needed shall be provided prior to issuance of a building permit.
N:\DEV\COND1TNS\2005\42elm.wpd Page 3
29.OUTDOOR TRASH ENCLOSURES.Prior to tiuilding perIiIit fInal,outdoor trash
enclosures shall be covered and area drains connected to the sanitary sewer system
shall be provided within the enclosure.Temporary trash enclosures are exempt from
this condition.
30.GREASE TRAPS.Meet all requirement of the Sauta Clara County Health
Department and West Valley Sanitation District for the interception,separation or
pretreatment of effluent.
31.CONSTRUCtION NOISE.Between theholirs of8:00 a.m.to 8:00 p.m.,weekdays aud
9:00 3.m.to 7:00 p'.m.weekends and holidays,construction,alteration or repair
activities shall be allowed.No individual piece of equipment shall produce a noise level
exceeding eighty-fIve (85)dBA at twenty-fIve (25)feet.If the device is located withiu
a structure on the property,the measurement shall be made at distances as close to
twenty-five (25)feet from the device as possible.The noise level at any point outside
of the property plane shall not exceed eighty-fIve (85)dBA.
TO THE SATISFACTION OF THE ClllEF OF POLICE:
32.ALCOHOLIC BEVERAGES.Beet and wine IlIay be bel l1ed only with meals at the
lcstammrt.no beet 01 wine may leavc the ptetnises.A meal is be defined as a cOlixbinat1011
of food items selected from a montI which VII onId constittlte a norma:l:ly accepted meal
(btcakfast;lunch,dimteI,01 bltmch).
33.GENERAL.The restaurantlbar is subject to the following:
a.Uniformed privately provided security guards maybe 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 oithe Chief of Police,periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on
alcoholic beverage service to the general public.
c.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
ReStaurant Association.
d.All licensed operators shall have and Shall actively promote a designated driver
program such as complimentary non-alcoholic beverages for designated drivers.
e.Taxicab telephone numbers shall be posted in a visible location.
34.ALCOIfOUC BEVERAGE SERVICE OUTDOOR DINING:Beer and wine may be
served with meals in the outside patio area as long as there is a barrier or fencing,3 feet in
height surrounding the patio area and separating it from the sidewalk.The barrier or fencing
.may be a combination offencing and shrubbery to equal 3 feet.A hostess shall be stationed
at the patio entrance at all times.
N:\DEV\CQN DITNS\2005\42elm.wpd Page 4
April 15,2005
TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPT.
110 E.Main Street
Los Gatos,CA 95030
R.ECiEI'VEED
APR 15 2005
Dear Ladies &Gentlemen,TOWN OF 1..0
q,1/:'"'I1~_If':i f)1~,GAToS
My name is Nick Difu and I am'vmting you this letter to e>.'plain my proposal to ope"n~O""1
new restaurant in the downtown area of Los Gatos.I have worked as an Executive Chef
in two well known local restaurants (Cafe Marcella,at which I received 4 stars and The
Wine Cellar,at which I received 3.5 stars)and now I would like to open my personalized
food service establishment in the town in which I have lived in for the past 11 years.
My intentions are to purchase an existing food service space in downtown,remodel the
interior only and redesign the area to create an upscale "white table cloth"dining
atmosphere that will further enhance the already well-known dining culture for which
Los Gatos is known.I would like to buy the existing restamant with it's approval tenant
space,combine that with the adjacent retail space for added seating and start serving the
community with a specialized "fine dining"menu to please the palette.
I have worked hard with the help of :Mike Rowe (local architect),Peter Christensen
(kitchen designer),and Alan Fargo (local contractor)to design a restaurant plan that is in
compliance with all Santa Clara County Health Codes and we are looking forv.rard to
working with the Planning &Building Departments to complete the process.Upon initial
meetings with the To'WIl of Los Gatos plarming Department,the parking has been
determined to be satisfactory with the addition of 9 "Parking Assessment District"
spaees,combined with those spaces already credited to the existing restaurant.This will
give us a total of 50 seats for the interior and exterior patio.This will also include a food
service counter that will hold IO people.This counter and open kitchen is very important
to our "theme"and what our restaurant is all about.There will be at least three Culinary
graduates working in the restaurant so that we may answer,show and explain exactly
what we are doing in the kitchen and how we are doing it.I want our public not only to
enjoy a fancy meal but I also want them to feel that they have there own personal Chef
explaining to them what is going on.Our service staff mIl also have the training by
myself and General Manager Shannon Coker (Los Gatos Alumni)so that they are also
educated in fine dining service.The interior design and remodeling of the space will be
minimal with no impact on the exterior fa9ade other than signage.
The restaurant will be called '':N"ick's on Elm"and will offer an unforgettable dining
experience in a warm and romantic semi·casual environment.We will be open from
11 :30 a.m.ooti12:00 p.m.for lunch Tuesday through Sunday and 5:00 p.m.to 9:30 p.m.
Tuesday through Sunday for dirmer.These hours of operation will allow the customers to
sit longer so that the flow of traffic will be less in town than getting a quick cup of coffee
at a bakery or coffee shop.As Owner and Executive Chef I vrill be offering many of my
signature creations that the community has been enjoying for the past 6 years.I,along
Exhibit C
with my team.will also develop a small but exclusive wine list that will complement our
'T.os Gatos Cuisine".With the help of my architect and kitchen designer we will be
developing an exposition kitchen,which will set the tone for the customer so as if they
were at there own home with there own personal Chef.My goal is to develop a cuisine
that focuses on the Town Of Los Gatos,and that is why my cuisine will he called "Los
Gatos Cuisine".We are a town of young families,students,singles.executives and more
traditional families.I feel with my experience and acute attention to what the public
wants I will develop a menu that will satisfy them all.
We ate excited to provide a new and unique dining experience for which we can all be
proud.I hope that after reviewing my application.resume,design plans and talking with
me personally,you will be able to approve my project with enthusiasm and appetite for
quality dining.
Nicholas A Difu (Chef and Owner)
,-
REPORT TO:
FROM:
LOCATION:
Date:_-:--::c,-_M,:"!,ay-"-":2S,,,,"-,2,,,,0,,:OS-:-
For Agenda Of:_~M"""a",y:"2,,,S~,2",00"",Se-
Agenda Item:...2~_
DESK ITEM
The Planning Commission
The Director of Community Development
42 and 44 Elm Street
Conditional Use Permit U-OS-013
Requesting approval to expand an existing restaurant (Cafe Rouge),add
additional seats and for an alternating use of parking on property zoned
C-2.APN:S29-03-03S
PROPERTY OWNER:Michael T.Cobler
EXHIBITS:
REMARKS:
A-D.
E.
F.
G.
Previously Submitted.April 21,200S.
Letter from L.Justo A-Hernandez aka Larry Arzie (one page)
received May 19,200S
Email from Dena Crawford (one page)received May 25,2005.
Email from Charissa L.Willard (one page)received May 25,
200S.
I
j
i
Attached is a letter (Exhibit E)and emails (Exhibit F &G)from concerned citizens.
If approved,condition #3 should be amended as follows so that the type of restaurant is consistent
with Town Code definitions.
u~">-,......USE.A fine dining high quality restaurant is permitted.
Bud N.Lortz,Dlrector of Community evelopment
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
N:\DEV\REPORTS\2005\42ELM.dsk.wpd
Attachment 6
May 19th 05 MAY 1 9 2005
'fOWN OF LOS GATOS
U 05 Olll'LANNING DIVISIONFe:42 44 Elm st.Planning Comniasion
'ItJ..m.of IDS Gatos
_noIllBl progression in IDs Gatos for increasing table space over and
above the a1l.<M9d seating is to just do it or go outside to do it._
pr;ogression in changing type of use for a :fcx>d.operation is fran a bakeIy
to a coffee rouse to a cafe and IlOW"!i wine bar is nore dnplicious but
with verasity and tine it can be Cbne as is the case here.W=!were to
have !;topped issuing further use permits for food operatJ.cns in the C.B.D.
or allowing existing ones to grcM in size after the findinq of the general
plan review c:annittee """"issued.But that is not the case.If we allow
increased use of this cafe we are setting ourselves up.'Ihis premises is
currently underut:alized b.1t with the addition of IlDre outdOor seating it
beocrres a viable ~to put on the market and sell to a I'lCre agressive
restauranteer and ~increasing the density and use of the property.
If allowed to happen the logical consideration by you >ot>uld be to close
down part of the hll;dj ng in order to reduce the size if approp,d.ate since
a parking space will be removed.I pres"""this space was factored into
the use permit and without it the property oomer will have to either pay
acre into the parldng district or rEduce the siz.e of the building._.is
a private an rite ~hIt never the less it.was used for l.oadi.nq and
unloading.\lfi.thout it where 00 the tennants trucks unload?_Parking lot?
_street?In any event to the ~ge of thisr neighbors.'lllis
parking space was part of the original permits and should be kept as sarre.
Not too long ago to the shock of a fOM council mentJers I talked with you
allowed this coffee rouse a beer and wine permit to be served with food
only.To rqy krlc::Mledge thel:e is,not even a proffession or legal oounty -
health food code app=vedkitchen in there end they off,er a salad and
sandwich etc not coffee shop or restaurant neals.I have often walked by
or gcme inside to see wine or beer served outdoors with:Jut the noIllBl fenced
in area required or served inside and in both cases without food of \lolli.ch
no it was not forthcoming .If we approve this it will again o:me before you
to increase,thier hours of operation.And again we w1ll re-inforce the belief
that in this town it is the nonnal way to 'tuzn a bakery,a Ice cream parlor I
a jui.d:e bar or any mirnirral,food owratiori into a full fledged restaurant
and in this case a want to be wine bar.
I respecfully request that you deny this continued overintensificat:iJ:m of the
C.B.D.and draw a line in the sand to let it be known that we have enough of
these kinds of progressions.
Exhibit E
From:
To:
Date:
Subject:
Dena Crawford <dnadance@earthlink.net>
Los Gatos Town Planning <planning@losgatosca.gov>
5125/200512:33:30 PM
44 Elm Street Proposal change to restaurant
Dear Town Planning,
I am very concerned to hear of the proposed change of the current
Children's Salon and next door european-style Cafe to yet another fine
restaurant,at 44 Elm Street.We have so many nice restaurants,and t
feel the loss of both the salon for children and the next door cafe
would be a very sad loss for our community.Belgi and her husband who
own these two businesses are very nice people and to replace their
unique businesses with another restaurant would be an unfortunate cha.nge
for not only these two lovely business owners,but also for those of us
who frequent their establishments.
Sincerely,
Dena Crawford
resident,Los Gatos
Exhibit F
.'From:
To:
Date:
Subject:
Charissa Willard <charissa.willard@comcasLnet>
"planning@losgatosca.gov"<planning@losgalosca.gov>
5125/20052:45:11 PM
Against Conditional Use Permit U-OS·013
I am against Conditional Use Permit U-OS-013.My husband and I have
walked our dog to Cafe Rouge almost every Saturday morning for coffee
since it has been in business.We also enjoy being able to go to Cafe
Rouge for a glass of wine in the evening.There is really no other
business like it in town.
Sincerely,
Charissa L.Willard
436 University Ave.
Los Gatos,CA.95032
42 and 44 Elm Street
.Conditional Use Permit U-OS-013
Requesting approval to expand an existing restaurant (Cafe Rouge),add
additional seats and for an alternating use of parking on property zoned
C-2.
APN:529-03-035
PROPERTY OWNER:Michael T.Cobler
APPLICANT:Nicholas A.Divu
Exhibit G
I
I
Ewail received 6/6/05
Dear Mr.Rowe,
Thank you for your letter and your perspective.
Obviously there are numerous issues to consider re this application,but I wanted to respond to one of the
questions you raised in your closing.You asked:"Do we really want to chase local business entrepreneurs out
of town?"
As Mayor of this wonderful Town,I can say,"Definitely not."
Frankly,I don't want to see our current OR potential businesses,going anywhere without a Los Gatos
address.
The ideal would be to see all our vacancies throughout Town (Santa Cruz Ave,Main St,University,Pollard,lG
Blvd,Blossom Hill,etc.etc),filled one day.
Your letter will become part of the file and will be reviewed and considered by all,
Thank you again,.,.Mike Wasserman
»>Michael rowe <pelondto@mac.com>06/02/05 9:30 PM »>
Dear Mr.Mayor &ladies &gentlemen of the Town Coundl,
I am writing to you for a couple of reasons.One,I wanted to make
sure you received this letter well prior to the sdleduled Town
Coundl meeting where the above referenced "Conditional Use Permit"
application will be before you.And two,there is no way I would be
able to get all of 'this out in three minutes @ the public hearing.
I am very concerned about the Planning Commission's logic,reasoning
&the manner in which they substantiated their denial of the CUP
application for an expansion of an existing food service business
located @ 42 &44 Elm Street (currently Cafe Rouge coffee/
restaurant).I am involved with the project in a very limited manner,
specifically a structural engineering aspect.However,I was not
involved with the design of the new space,nor do I have a financial
interest.My concern as a local citizen and spouse of a downtown
merchant is the underlying reason I am writing to you regarding this
application.
I should first summarize what I experienced and understood @ the
Planning Commission hearing dated May 25th,2005.The applicant,chef
Nick Difu who is a four star local dlef responsible for creating
exciting and delicious menus at three of the best restaurants in Los
Gatos (Cafe Marcella,The Wine Cellar ¤tly "180"across from
Mountain Charley's)applied to open his own restaurant at the Cafe
Rouge location,His plans.included a renovation of Cafe Rouge &a
small expansion into the adjacent space,what is currently
"Beba"(Hair Salon).The owner's of Cafe Rouge were present at the
hearing and objected to the application based on a claim that they
have an existing lease and that they had no intention of vacating the
space.Town Attorney,Mr.Korb pointed out to the Planning Commission
that their approval of this application (if granted)had nothing to
do with any landlord/tenant dispute and such approval of the
application would still be contingent on that issue being resolved
before a new business could "open doors".Another downtown merchant
At:tachment 7
·-
op~the application citing,~Intensification of Use"as his
reasoning.Furthermore,one of the planning commissioners was
concerned over the parking situation at this location and In the end
a denial of the application was handed down based on several
inconsistencies of town policy,ulterior motives (in my opinion)and
improper procedure during the hearing.I would like to address each
of these Issues below.
This Information was not made public at the Planning Commission.I
was personally present at a meeting with the current owner's of Cafe
Rouge where they presented Mr.DihJ with a plan they had drawn up by
a well known commercial restaurantfldtchen designer which
Incorporated both spa<:es (cafe Rouge &Beba)~nce they currently own
and operate both businesses.Their plan was very similar to what Mr.
Dlfu submitted and is now part of the Conditional Use Permit
application for your consideration.For some reason the O,ment
owners dedded not to follow through with their own plan and
encouraged Mr.Difu to proceed with the application if he was
interested in buying their business.Two concerns arose immediately.
How many parking spaces are allocated to that space (for seating)&
would the aJrrent tease would granted or transferred to Mr.Difu.Mr.
Difu approached the landlord for verification that he could acquire
and/or be transferred a [ease and whether there would be a problem
removing a wallin the landlord's building.At that point,the issue
of the landlord/tenant dispute became public and apparent Mr.Difu
decided to remain neutral and proceed with his application,hoping
that the dispute would be settled one way or another,knowing his
application would be subject to this dispute.When Mr.Difu decided
•not to buy the existing business until the dispute was settled,Is
when the current owner's of Cafe Rouge and Beba objected to the
application.
Even after advisement by Mr.Korb,the P[annlng Commiss[on was
directing questions to public speakers asking for clarification or
details regarding the ongoing dispute.The Planning Commission Is
definitely not the right forum for this line of question and answer
dialogue.The Planning Commission is NOT a court house!When
questioning started getting back to the actual merit of the
appl1catlon,additional inconsistencies arose.The "Intensification
of Use"argument Is absolutely ridiculous!The existing business
(Cafe Rouge)is a full food service operation with a valid beer &
wine license.Simply stated,a RESTAURANT,not a speciality coffee
store as it was categorized at the hearing.The applicant's
restaurant proJX)Sa1 is not a different or "intensified"use,but
rather one restaurant for another.As far as the space expansion Is
concemed,the removal of a hair salon and/or portion of a coffee
house is hardly a detriment to our town.In fact,I believe there is
an ongoing moratorium on new hair salons being permitted and more
coffee outlets than I can count!
The parldng situation was a concern of the applicants well before the
planning commission even saw or heard of the application.In fact,
the applicant is In contract to purchase several spaces from the
allocated "Parldng Assessment District"spaces which would be
required to make up for the additional proposed seating and for the
additional space of the expansion per Town of Los Gatos Planning
Guidelines.Commissioner Burke was concerned over the use of the
acquired parking spaces at this location,when their origination was
from another commerdal building located a few blocks away.That is
exactly why it is considered a ~Parking Districr.Those spaces are
supposed to be available for use anywhere in the entire district as
long as they are allocated spaces which are part of the Assessment
District (which are PAID for).Furthennore,commissioner Burke made
several potentially persuasive comments before and after the public
portion of the hearing was dosed and only then recused himself due
to a personal conflict of interest,AFTER the vote was already made,
denying the application.
Aside from all of the above facts,the application should have been
approved for the following reasons:
1.Staff recommendation of approval
2.The use of the space is an -identical-use business and NOT an
intensification.
3.The applicant provided all of the required parking for the
proposed use.
4.The applicant is a local dtizen &chef,proposing to operate a
local business and has done so in the past
What more can the Town ask for?Do we really want to dlase local
business entrepreneurs out of town?The Town of Los Gatos is a known
for Its great dining experiences,personal service businesses and
retail stores.I continue to hear how the Town of Los Gatos wants to
remain a friendly,charming community,promoting local businesses.
How can we continue to make this daim if we force this award winning
chef to relocate to santana Row or aoother local community who will
gladly take advantage of the fine dining Mr,Difu can provide.With
this application,It will be our gain or our loss!Feel free to
contact me for further comment.
Sincerely,
Michael Rowe
FROM :DAlJID/JUSJO FAX NO.:4003547042 Ju 1.25 2eB5 11:0:14AM Pi
Town Council,Town of Los Gatos
Re:Changes in conditional use pennits for Cafe Rouge aod ine Cf~N OF LOS GATOS
~CLERK DEPARTMENT
Dear Council members,J'i-~
I would like to point out to you as I did on the letters attached to Planning and to you,that
the vitality of the CBD is aI the mosl precarious puint that I bave seen sinee the 1970s.
w.bave vacant sl<>re fronts with for 1=sigIllI that have been up for month!.Nonnally
it takes 30 days or 1..,to rent a spoce.This is not because of the effects of the recession.
WHlow Olen does not seem to have:this problem.Rather this is due to the transfonnation
of the CllD from a comfortable mix oftenants to a ghetto of food oriented and service
professional operations.The heady days prior to the recession kept us going no maner
the disproportional<High Use encroachments.Due to inapplOpriate choices oftenants
and Isck of proper planning there is considerably less retaiJ in town (not including Old
Town)than !here was during the 90s.The days of "weo.ao do no wrong"are over with...
The reality of.thls lopsided mix is not just less parking and poor ciJeulation but the loss of.
truly what made Los Galos Shine and tho desire for upper end stores to loeole bore.They
brought in the carriage trade that patronized the mom and pops as well.We haveloat ..
most of these operations to mediocrity and redundancy.The handwriting has been on the
wall fory..,.but unfortunately we bave a histDr)'of making wrong decisiona during
downturns in the economy.The recommendations of the general plan review committee
have yet to be addressed on this issue and instead of dooreasing tfif in~fication of the
CBD we have in actuality passed up opportunities to bring in m","retl!il ...,d lillowOO
new or replscemaot high use operatioO!to open..
The two applicatioos before you present problems because we have not laken the action
the general plan review committee has suggested by lesislatin&a halt and reduction of .
further intensification in the eRO in order to keep it a viable RETAIL district.1 would
hope that you take steps forthwith to do this and deny ANY r<qucsl for increase in USE.
We do not need a dance hall in Old.Town,we approved their existing permits with
limitati.on!;due to exi~ting high density.[fyou approve it you will be Setting a
precedence that others will want as well.We do not.need beer and wine .•erved in coffee
.houses of Which the precedence has already been set with Cafe Rouge.Whal will you
say ~Terri H~if she too wants to ~e beer and wine in her coffee house .
.Further inteosificatioO!ere unacoep1able in the CBD.The planning commission made
the correct decision in not allowing the removal of a parking spaCe,allowing more
seating.and ~ges ?fhours.You can not approve one application without the other.
The solution is therefore simple:follow the will of the community through the direction
~fthe,plan review cornm.ittee an4 start reducing intensification"in th~CBD.
I~'.'t1 .
o e '.
tfda~S.06
Attachment 8
R,ECEIVED
.JUL 2 5 1Ull)
TOWN OF LOS GftTOS
PLANNING DIVIS,,,",I\!
FROM :DAU ID/JlIS.TO
.'...,
FAXt-D.:4083547042 Jul.25 2effi 11:45l=tl P2,,1..,._-,..-.__
I'e:42 44 Elm st.U 05 013Planningcaam...ion
'l.bwn of Los Gatos
'!he nonnal progression in Los Gatos for increasing table space over and
above the allC7Wed seating is to just do it or <p outside to do It.'Il1e
progress1on 1n changing type of use for a food operation is fJ:an a bakery
to a coffea house to a cafe and now a wine bar is rrore duplicious oot
with verasity and t.iJre it can be oone as is the case here.we were to
have Iobopped issuing further use peonits for food operations in the C.B.D.
or allowing existi..ng ones to grOW"in size after the finding of the general
plan review ecmn1ttee were ISsued.But that is not the case.If ""allow
increased use of this cafe we are setting cursel'reS up.'1llia premises is
etJrn!ntly underutali%ed but with the addition of nore outdoor seating It
becomes a viable p2:Oduet to put on the narket and.sell to a IlDre agressive
restauranteat'and therefor increasing the ~i'ty and use of the property.
If allowed to haJ?l?"'1 the logical oonsicleration by you "">Uld be to close
down part.of-·the buiding in order to reduce the size if awzop:date since
a parking space will be rerroved..I.pres~this space was factored into
the use peonit and without it the property owner will have to eIther pay ..
rrore into the Parking district.or'reduce the size of the building.'Ihis 19
a private on aite space but never the less it was used for loadinq and
unloadin<}.WLthoUt it ~do the tennants trucks unload?'!he PW<lng lot?
'!be Street?In any event to the d,i.sadvantage of thier neighbors.lbis
parkjng space was.part of the orIginal pennits and shauld be kept as sane.
N:.lt too long ago to the sOOck of a few council rrent:ers I talked with you
allC7Wed this coffee house a beer and wine pennit to be served with food
only.To l'!f knowledge there is not even a proffessian or J.ega.l county
health food code approved kitchen in thel;e and they offer a salad and
sandwich etc not coffee shop or restaurant moals.I have often waJkedby
or gone inside .to see wine or beer served outdoors without the nonral fenced
in __requ1l:ed or served i.nsiAe and In both easel;without food of .nich
00 it was not forthcoming.If -we approve :th.:Ls it will again cone before you
'to ~se thier hours of Operation.1md again we will re-inforce the belief
that in t:hie tcMn it is the nornal way to tlln'l.a bakery,a Ice cream parlor,a jui.d:e bar or any mimi.ma.l food operatioh into a full fledged restaurant
and in this case a want to be wine bar.
I respecfully reqUest that you dany this continued overlntensification of the
C.B.D.and draw a line.in the sai>d to let it be known that we have enough ·of
these kinds of px:og:ressians..
:FROM :Dt:¥J I D/JLSJO FAX NO.:4083547042 Jul.25 20ffi 11:48AM Pd
'1'cMn of los Gatos'
Planning Ccrimission
....-
!le;SO university 180 U-03-7
=se of you """followed or were on the Town genero1 plan review ccmnittee
will rarent>ar that we finalized our 2 years with a list of recamended
chan9<'s to the gene=l plan..();)e of the""clearly indieated that we wanted
to..keep the character of a Sl'Sl1 town and one way to do this was to reduce
the use and activity OJ:::density of the Central Business District .
.,
'Lately we have had a nunber of cases ¥.here this oould have been done and in
one case eIIl>Il overtly going against the re<::c>rendations of the will of the
eatm.mity through the general plan IGView ccmnitte<>,by all",ing a previous
closed do<in Swensons coffee and loe croarn parlor to be split into _new
restaurant uSes and with the addition of !lOre seating outside.we had the
oportunity to allCM only the new-Ice cre&ll llNatia1al Franchise"to ~
part of that space •..By tha way I den't thi:nk they went tlu:olJgh the p>=E!ss ..
of a foJ::mula operation review through you,another loophole in our ortllnances.
Instead approYe<j even thOuglLthere was 00 obligatIon on our part to do so
a second eatery thexeby :further increasing destination oper.ltions instead of
aUCMing !lOre retail 0:mIer0e to occupy the space in order to try to return
the C.B.D.to a mtail Mstriet with less food orientation.
we currently have other s:l.mJ1ar problEllllS ha,-,penJng when proffessional offices
vacate and release to proffessional offices instead of .attenpting'to lease to
>:etai.l as ~by ordinance.A!Wther _is ~.the reta.il j~,_at·..I:1'L<:onler
of Bachm!n be.u1q turned'into pEOffessli:mal.rre:lical .
With this in mind we are obligated to be diligent in not allCMing further .:•.
intensification 00 matter how srall it nay seem to reduce not increase traffic~,
parking,and conjestion in the central bQs1ness ·district in order to vitalize
retail ex:::tII'1BrCe instead of makinq it rrore difficult for them.'lb add rrore
seating inside or'out.and to increase hours of q;erations or nusic.venues .'
to a use peJ:mi.t when not part of the orig.inal.request..S for operating is not
acceptable or·fair to the residents """live adjacent to this restaurante
and the other rrerchants in an already ~C.B.D.
In this """"'-"lit,.it ·is norinal to just do things and ask for pemission later,
and..in IIPst cases it \<\Orks.But in this case.if t:his,requeSt brings even one
rrore eM'into tcMn it is one nore straw that in the total:outweights our ability
to operate an economically viable C.B.P.
Respecfully,
..
FR><1'£1.:4003547042 Jul.2S 23a5 11 :47AM P3
'lCW c:x:>Ul:lL.,::e:50 lbiversity Ave.SUite 180 ClnlitiDnal Use Pezmit U-0307
Sare day I will 1="""to """"'i ~to write letters and use spell check.
I just can't get it printed on the paper ==ect1y.But X am getting then>.
In the Meon tJJre you have to suffer through "'i using the lJt.I typewriter.....
X have been accused l:1j sooe of you as too exagersting.'lhJ.s ~don,t eX>but will
admit to a bi.;of dranatizatim for su::e.In ~case of continued awrovU of
increased density in the C.B.D.E!l<&Jer"tiOO might be called for but 1,11 stick
with nunbers instead..
Daniells Surdin NCCm.tly outl.ined the quantatative nimi::ler of 181 nationa.l or
£ornu1a operationSin 'lbwn.I have discussed with her that this figu::e """l1d be
nm:e infonnative if it \oIEU::e based.on Qther factors S\):h as BqUare footage,and
locati:>ns to giw a t=er picture of """they affect the oc:ummity.More lJlt:qtant
might be calcula~in<=p=atingmany.factors of>Ohat eff8Cts high tJSE operaticns
have on the central Business District.ay this I rrean anythi.n&;J D:Jt retail and
:1.nculxpasi.ng,of:fide,prof.fe9;lional,service proffestjODl!;l,food service,ban,etc.
I pose this thought as I trully belleve that the vitality of the C.ll.D.has been
so ~by n:a-retail operation ~t we are at a point of true cxxx:e:rne.
To refine the iJI»ad:of non retail operation \<E ..-l to grid out the C.B.D.to find
true ratios.of CX'JT'{e.X'iSCll.before \1118 can cCntinue to grant ~seating",Itl1Sic,
!-ours,or ~to high use operati:>ns.aJtill this i.00ne X lx:>pe that you
allow no further intensification no IIiltter row small .
•en Main st.alone fran Lyndon Plaza to the Bridge the::e are 27 store froots.
of this there are 11 in use for food operations.Slightly amund 49%.bleW ;r om
gOing to speculate not exageratB.If you factor in """n1JCh squa>:El.foou.ge they
=up:(I IoIOUld guess 50%of the ground space.If you factor all other high use
oporations and throw in ::esidential as ",],1 based en squa>:El footage it might be
around 80\..santa CI:U2 ave.:fran Main St.:to Bac;1nan is.euen.ItPXe dense •....
::.:..:;.............,=",,:.:,:,_._:,-',_:._':;',~-
I "",.u.ize that Old.'lbwn i.asJdr>J for:very .little row that C>lkville gr=ery is no
l.ong-ef serving food ..t>i.ch """l1d bring it back to statlis quo but that is not the point.
We have been asked by !be Gener,ll Plon Fev.iew.Cannil±ee to reduce .the usage oot
increase it in the C.B.D.·With 80%(speculation)of the squa:re footage in
the ·C,B.D.being destination locations,it has to be a hardship on·both the nearby
::esidents and rerchants and ""!lUst eX>everthi.ng.possible to eliviate this•.
Pl~.say no to this request for further :inCrease of intensity in t1v;;Use Permit:
and a:rr:t.others \lIl.ti11.a proper equation can be azrivee1 at tha.t alerts us to the
~of being lop.sided with destination locations.I tru11y believe ",.;a=at
a tuming point to the """se (a little exageration)and need to protect the vitality
of the Vi!'