11 Staff Report - 50 University Avenue, Suite 180DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
July 28,2005
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANAGER
MEETING DATE:8/1/05
ITEM NO.II
SUBJECT:CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT
FOR A RESTAURANT (THE WINE CELLAR)TO LEGALIZE THE
INCREASE IN THE NUMBER OF SEATS,TO MODIFY THE TYPE OF
ALLOWED ENTERTAINMENT AND TO INCREASE THE DAYS WHEN
ENTERTAINMENTISAV~ABLEONPROPERTYZONEDC-2:PD:LHP.
CONDITIONAL USE PERMIT U-03-7 APN 529-02-044 LOCATION:50
UNIVERSITY AVENUE,SUITE 180 PROPERTY OWNER:FEDERAL
REALTY APPLICANT:STEVE HAUCK
RECOMMENDATION:
To take action on this application the Council should:
1.Make the required findings (Attachment 8)
2.Approve the application subject to one of the alternatives listed below.Each of the alternatives
allows the requested increase in seating.
a.Private Party Alternative 1 (Attachment 9)
b.Wine Cellar Alternative 2 (Attachment 10)
c.Wine Cellar (staff version)Alternative 3 (Attachment 11)
d.Planning Commission Alternative 4 (Attachment 12)
e.No increased entertainment Alternative 5 (Attachment 13)
3.Refer to the Town Attorney for preparation of the appropriate resolution.
REMARKS:
The applicant,the Wine Cellar,is requesting to modify the existing Conditional Use Permit (CUP)
to increase the number of seats (from 100 to 140 seats)and to intensify the entertainment aspect of
(Continued to Page 2)
PREPARED BY:BUD N.LORTZ '~0V
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:ssistant Town Manager ~Town Attorney Clerk,-------,Finance
_'_Community Development Revised:7/28/05 1:08 pm
Reformatted:5/30102
Page 2
MAYORANDTOWNCOUNC~
SUBJECT:50 UNIVERSITY AVENUE,SUITE 180
July 28,2005
their business (from un amplified acoustic music Thursday through Saturday to amplified music and
dancing seven days a week).The matter was considered by the Planning Commission with a
recommendation from staff supporting the increased seating.However,staff did not recommend the
intensification of entertainment because the Town's Alcoholic Beverage Policy (Attachment 16),
states that "entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted".This request is unique in that the Wine Cellar already
is allowed to have entertainment and is requesting to modify the type of entertainment and when
entertainment is allowed.
The Planning Commission concurred with staff's recommendations and recommended that Council
approve the increased seating but not the modification of entertainment.
Council considered this matter on June 20,2005.The Council had an extensive discussion
(Councilmember Spector was recused and did not participate)involving many issues regarding the
modification of entertainment.The following is a summary of some of the key issues which were
discussed at the meeting.
•Maintain fine dining but permit dancing.
•Days and hours when entertainment with dancing may be allowed.
•Noise levels which would be acceptable outside the restaurant to ensure the residential
neighborhood is not impacted.
•Sunset·of approval for the entertainment use.
Council continued this matter with the direction that staff develop conditions of approval to address
the various issues discussed by Council to assist in reaching a decision on this matter.Due to the
range of issues discussed by Council,staff has provided five alternative sets of conditions as
described below.The applicant was asked to develop their own conditions based on Council
comments which is included as Alternative 2.If Council is inclined to modify the entertainment,
staff recommends Alternative 1.If Council determines that no changes should be made to the
entertainment,staff recommends Alternative 5.All five alternatives allow for the requested increase
in seating.
Alternative 1-Private Parties,(Attachment 9)-Staff is concerned about how to appropriately
regulate the operation of two distinctively different types of businesses;a quality dining
restaurant and what essentially equates to a night club.Staff developed this alternative in
response to the various comments offered by Council and given the close proximity of the Wine
Cellar to the adjacent residential area.It also respects the good neighbor management approach
of the Wine Cellar over many years but recognizes that the use permit is a land use entitlement
that runs with the land,not the owners of the restaurant.
This alternative allows the Wine Cellar the flexibility to operate a quality dining restaurant or
have private parties which are not open to the public.Both uses may not occur at the same time.
When the restaurant is rented out for a private party,this alternative allows dancing and
Page 3
MAYORANDTOWNCOUNC~
SUBJECT:50 UNNERSITY AVENUE,SUITE 180
July 28,2005
amplified music and the service of food and alcohol throughout the interior of the restaurant.
Alcohol service is also allowed without meal service.This permits the applicant a variety of
options for organizing private parties.The conditions that will regulate the operational aspects
ofthe private parties are summarized below.They are designed to give the applicant a great deal
of flexibility but with enforcement controls to address potential neighborhood impacts.
•Hours of operation -The hours of operation for private parties shall end at 12:00
midnight on Friday,Saturday,holidays or evenings before holidays and 10:00 PM on
Monday through Thursday.
•Use -As stated above,this alternative allows a quality restaurant and full service bar or
the option to have private parties.To ensure that a quality restaurant is the principle use,
it is recommended that private parties be limited as follows:
•The restaurant may not be used by the same private party more than one time per
calendar quarter.This restriction is consistent with the Town's Special Event
Ordinance.
•The restaurant may not be used by any other private party more than once a month,
except during the month of December,where a total of three private parties are
permitted.
These limitations allow a maximum of 14 private parties per year.
•One time neighborhood notification -The applicant is required to inform the adjacent
residential property owners and occupants that their permit has been modified to allow
private parties.A phone number shall be provided to the neighbors in the event an issue
arises during an event so that neighbors may contact the restaurant management to
resolve the issue.This notice would be sent out only one time and must be sent prior to
holding the first private party.
•Parking -The users of the facility are required to be provided with a map and
instructions for parking.The instructions shall direct patrons not to use the Mullen
Avenue parking lot for events which end after 10:00 PM.
As previously mentioned,this alternative also allows the continuation of a quality restaurant and
unamplified acoustic music inside the restaurant on Thursday,Friday and Saturday only (as
currently allowed).However,staff is suggesting that the hours of operation be restricted to
conform with the Town's Alcohol Policy.The suggested hours are Sunday through Thursday-
9:30 AM to 11 :OOPM and Friday,Saturday,holidays or evenings before holidays -9:30 AM to
1:00 AM.The current Conditions of Approval allow the restaurant to operate until 2:00 AM
seven days a week.In the downtown,there are a total of four bars and two high turnover
restaurants with bars that are permitted to be open until 2:00 AM.These uses predate the current
alcohol policy.If Council is inclined to retain the current hours of operation,Council need only
to indicate this when approving this alternative.
1
I
I
Page 4
MAYORANDTOWNCOUNC~
SUBJECT:50 UNIVERSITY AVENUE,SUITE 180
July 28,2005
Alternative 2 -Wine Cellar,(Attachment 10)-This alternative was developed by the owners
of the Wine Cellar.This alternative allows amplified music until 1:00 AM on Friday,Saturday,
holidays and nights before holidays,and midnight Sunday through Thursday (condition #7).It
also allows dancing with the same hours of the amplified music (condition #9).
Alterative 3-Wine Cellar (Staff Version),(Attachment 11)-This alternative is taken from the
conditions developed by the applicant (Alternative 2),but has been revised to be more realistic
in terms of addressing Town issues as discussed below.The conditions as shown in Attachment
11 show the changes proposed by staff in bold print.The major differences deal with the hours
of operation and the allocation of the inside seats.
•Hours of operation -Staff has adjusted the hours of operation to be consistent with the
Town's Alcohol Policy.Although the applicant is currently permitted to exceed the policy's
hours of operation,the approval ofthese hours were granted with the condition that amplified
music was not allowed.
•Seats -The appl!cant is requesting a maximum number of 94 inside seats without a
restriction on the number of seats in the bar.A restriction is necessary to regulate the number
of seats in the bar area to preserve the use as a quality restaurant and to limit the number of
patrons that can be served alcohol without a meal
Alternative 4 -Planning Commission,(Attachment 12)-This alternative merely restates the
conditions of approval as recommended by the Planning Commission.This allows acoustic
music to be connected to the house sound system.Subsequent to the Planning Commission
offering this recommendation,the owners of the Wine Cellar have indicated that it was not
feasible for the music to be hooked up to the sound system.
Alternative 5 -No Increased Entertainment,(Attachment 13)-This alternative retains the
existing CUP conditions with the modification to allow the additional seating.There is no
change to the entertainment use.The alternative retains the current hours of operation.
Sunset of approval for entertainment use -Based on comments raised at the Council meeting,
staff has included a condition for Alternatives 1 and 3 that the approval for the private
parties/entertainment,shall expire two years from approval.The applicant may request to extend
the expiration date by filing an application to amend the CUP.This condition is not intended
to burden the applicant or to terminate the entertainment use unless complaints have been filed
about issues/concerns relating to the entertainment use.The condition allows the review of any
complaints that may have been received concerning the use over the two year period and to
evaluate the applicant's compliance with the required conditions of approval.The application
to extend the expiration date will be expedited directly to Council and a special fee will be
established next fiscal year to cover this cost and so the applicant does not have to pay the fee
established formodification of a CUP.If Council determines that a sunset condition should not
be required,condition #2 should be eliminated from Alternatives 1 and 3.
Page 5
MAYORANDTOWNCOUNC~
SUBJECT:50 UNIVERSITY AVENUE,SUITE 180
July 28,2005
CONCLUSION:
Staff has attempted to develop conditions of approval for Council consideration which respond to
the applicants desire for expanding their entertainment use and the Town's desire to maintain a
quality restaurant,avoid setting a precedent,and preserve the neighbors'quality of life.If Council
is inclined to intensify the entertainment aspect of the use,staff recommends approval of Alternative
1,which allows private parties,(conditions are set forth in Attachment 9).This alternative ensures
that a quality restaurant is continually maintained except for the times when private parties are held.
Since the parties will not be open to the general public,the use cannot turn into a nightclub.
If Council decides that no changes should be made concerning the entertainment use,it is
recommended that Alternative 5 (Attachment 13),which only allows additional seating,be approved.
ENVIRONMENTAL ASSESSMENT:
As required by Section 15301 of the State Environmental Guidelines as adopted by the Town that
this project is Categorically Exempt.
FISCAL IMPACT:None
Attachments:
Previously Submitted:
1.Required findings.
2.Recommended conditions of approval.
3.Alcoholic Beverage Policy
4.Verbatim minutes from the Planning Commission meeting of May 25,2005.
5.Report to the Planning Commission from the Development Review Committee dated May 2,
2005 for the meeting of May 11,2005.
6.Desk item report to the Planning Commission dated May 24,2005 for the meeting of May 25,
2005.
7.Letter from Larry Arzie (three pages)received June 15,2005.
New Submittals:
8.Required findings.
9.Recommended conditions of approval for Alternative 1,which allows private parties.
10.Conditions of approval recommended by the applicant (Alternative 2).
11.Recommended conditions of approval for Alternative 3,allows amplified music and dancing.
12.Conditions of approval recommended by the Planning Commission (Alternative 4).
13.Recommended conditions of approval for Alternative 5,only changes the seating.
14.Email from Linda Apichell (one page)received July 22,2005.
15.Letter from Larry Justo Arzie (four pages)received July 25,2005.
16.Alcoholic Beverage Policy.
Page 6
MAYORANDTOWNCOUNC~
SUBJECT:50 UNNERSITY AVENUE,SUITE 180
July 28,2005
Distribution:
Scott Seaman,Police Chief
Steve and Julie Hauck,The Wine Cellar Restaurant,50 University Avenue,Suite 180
Los Gatos,CA 95032
Doug Badia,Federal Realty Investment Trust,355 Santana Row,Ste 2000,San Jose,CA 95128
Randy Reedy,19A N.Santa Cruz Avenue,Los Gatos,CA 95030
BNL:SLB:kh
N:\DEV\CNCLRPTS\2005\winecellar.2.wpd
REQillRED FINDINGS FOR
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
.•As required by Section 29.20.190 ofthe Town Code for granting a Conditional Use
Permit.The deciding body,on the basis of the evidence submitted at the hearing,may
grant a conditional use permit when specifically authorized by the provisions of the Town
Code 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 of the zone;
(3)The proposed use would not be detrimental to public health,safety or general
welfare;and
(4)The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
•As required by the Town's Traffic Policy for a community benefit.
•As required by Section N.B of the Redevelopment Plan for the Central Los Gatos
Redevelopment Project that it meets the use set forth in the Town's General Plan.
•It has been determined that this project is Categorically Exempt pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
N:\DEV\FINDINGS\winecellar.wpd
Attachment 8
CONDITIONS OF APPROVAL
ALTERNATIVE 1
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days when
entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNlTY DEVELOPMENT
(planning Division)
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code,unless the approval has been vested.
2.SUNSET OF APPROVAL.The approval for private parties as conditioned below,shall
expire two years from approval.The applicant may request to extend the expiration date
by filing an application to amend the Conditional Use Permit,at least 60 days prior to
expiration.The filing of this application does not guarantee the extension.
3.USE.A quality restaurant and full service bar or the option to have private parties on a
limited basis,is permitted.Both uses shall not occur at the same time.A private party is
defined as a party by an individual,organization or group,not opened to the public.The
restaurant may not be used by the same private party more than one time per calendar
quarter.The restaurant may not be used by any other private party more than once a
month,except during the month of December,where a total of three private parties are
permitted.
4.SEATS.The maximum seating allowed is 140 (79 inside dining seats,15 inside bar
seats,and 46 outside dining seats).
5.UTENSILS.All meals shall be served on reusable utensils.
6.NOISE.Pursuant to the Noise Ordinance,the exterior noise level shall be no louder than
as follows,measured from the property line:
1 PM to 10 PM -56 decibels
10 PM to 6 AM -51 decibels
6 AM to 1 PM -52 decibels
7.NOISE METER.The restaurant operator shall purchase and receive training on the
operation of the noise meter.If available,the noise meter shall include a function to
allow the readings to be recorded.The operator shall monitor the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made available to
Town staff for review upon request.
8.RESTAURANT USE
a.ALCOHOLIC BEVERAGES.No alcoholic beverages outside ofthe bar area
shall be served without meal service.A meal is defmed 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
N:\DEV\CONDITNS\2005\winecellar.1.wpd Page 1 of 3
Attachment 9
meals.
b.HOURS OF OPERATION.Meal service shall be available until closing or 11
PM Sunday through Thursday and until 12 midnight Friday,Saturday,holidays
and evenings before holidays,whichever is earlier.The maximum hours of
operation are as follows:
Sunday through Thursday -9:30 AM to 11 PM
Friday,Saturday,holidays or evenings before holidays -9:30 AM to 1 AM
c.ENTERTAINMENT.There shall be no outdoor entertainment.Unamplified
acoustic musical entertainment is permitted inside only and shall be limited to
Thursday,Friday,and Saturday only.
d.DOORS.When music is playing,exterior doors shall not be propped open.
9.PRNATEPARTYUSE
a.HOURS OF OPERATION.The maximum hours of operation are as follows:
Sunday through Thursday - 9 :30 AM to 10 PM
Friday,Saturday,holidays or evenings before holidays -9:30 AM to 12 midnight.
b.ALCOHOLIC BEVERAGE.Alcoholic beverages without meals are permitted
outside of the bar area,inside only.No alcoholic beverages shall be served
outside without a meal.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.
c.ENTERTAINMENT.There shall be no outdoor entertainment.Amplified
musical entertainment with a dance area is permitted inside only.
d.DOORS.When music is playing,exterior doors shall not be propped open.
e.ONE TIME NOTIFICATION.The applicant shall inform the adjacent residential
property owners and occupants by written correspondence that they are permitted
to have private parties.The notification shall include a local phone number for
persons to call if an issue arises during an event.This notice shall be sent only
one time and must be sent prior to holding the first private party.The notification
area shall be approved by Town staff.
.f.PARKlNG FOR PRIVATE PARTIES.The users of the facility shall be provided
with a map and instructions for parking.The instructions shall include a comment
to avoid using the Mullen Avenue parking lot for events which end after 10 PM.
The map and instructions shall be reviewed and approved by the Director of
Community Development.
10.REVIEW.Town staff shall review the use permit three months from approval to evaluate
any complaints received relating to the entertainment.If it is determined that the
entertainment is resulting in a public nuisance,the permit will be referred to the Planning
Commission for modification of the conditions of approval.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
11.TRAFFIC IMP ACT MITIGATION FEE (COMMERCIAL)The developer shall pay a
proportional to the proj ect's share oftransportation improvement needed to serve cumulative
N:\DEV\CONDITNS\2005\winecellar.1.wpd Page 2 of 3
development within the Town of Los Gatos.The fee amount will be based upon the Town
Council resolution in effect at the time the use pennit is issued.The fee shall be paid within
30 days of use pennit approval.The traffic impact mitigation fee for this project,using the
current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on
the addition of 40 seats to the eXIsting approved 100-seats.The project will generate 115
additional daily trips (2.86 daily trips per seat),and 11 PM peak hour trips (0.26 peak hour
trips per seat).The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the use pennit is approved,using a trip generation rate based on high
quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
12.GENERAL.The restaurantlbar is subject to the following:
a.Unifonned privately provided security guards may be required in or around the premises
by the Chief of Police if alcohol related problems recur that are not resolved by the
licensed owner.
b.At the discretion of the Chief of Police,periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on alcoholic
beverage service to the general public.
c.All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards ofthe California Restaurant Association.
d.All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages for designated drivers.
e.Taxicab telephone numbers shall be posted in a visible location.
13.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
N:\DEV\CONDITNS\2005\winecellar.1.wpd Page 3 of 3
CONDITIONS OF APPROVAL
50 University Avenue Suite 180
Conditional Use Permit U-03-7
~DRAFT
Requesting approval to modify a Conditional Use Permit to legalize the increase in the number of seats,to modify
the type of allowed entertainment and to increase the days when entertainment is available on property zoned C-
2:PD:LHP.APN 529-02-044 PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE WINE CELLAR RESTAURANT
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the
Town Code,unless the approval has been vested.
2.SEATS.The maximum seating allowed is 140 (94 inside)
3.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of'the bar area shall be served without meal service.
A meal is defined as a combination of food items selected from a menu (breakfast,brunch,lunch,or dinner).
Appetizers such as popcorn,nachos,pretzels,potato skins,relish trays,etc.(hot or cold)are not meals.Meal
Service shall be available until closing or II:OOpm Sunday through Thursday,and until 12 midnight Fridays,
Saturdays,Holidays,and evenings before Holidays,whichever is earlier,if late night bar service is available.
(TOWN of LOS GATOS ALCOHOL POLICY III.2)
4.UTENSILS.All meals shall be served on reusable utensils.
5.HOURS OF OPERATION.The hours of operation are as follows:
Saturday and Sunday -9:30 AM to 2:00 AM.
Monday through Friday-11 :00 AM to 2:00 AM.
6.RESTAURANT USE.A high quality restaurant and full service bar is permitted.
7.ENTERTAINMENT.There shall be no outdoor entertainment.Amplified musical
entertainment is permitted inside until 1:OOam on Friday,Saturday,Holidays &nights before
Holidays,and Midnight Sunday through Thursdays.
8.NOISE.Pursuant to the Noise Ordinance,the exterior noise level shall be no louder than as
follows,measured from the property line:
1 PM to 10 -PM -56 decibels
10PM to 6AM -51 decibels
6 AM to 1 PM -52 decibels
9.DANCING.Dancing shall be allowed -no later than the hours of Entertainment on Thursday,
Friday,Saturdays,Holidays and nights before Holidays.
10.DOORS.When music is playing,exterior door on Mullen Avenue shall not be propped open.
11.REVIEW.Town staff shall review the use permit three months from approval to evaluate any
-complaints received relating to the extended days of entertainment and/or the amplified
entertainment.If it is determined that the entertainment is resulting in a public nuisance,the
permit will be referred to the Planning Commission for modification of the conditions of
approval.
N:\DEV\CONDITNS\2005\winecellar.apwpd Page 1 of 2
RECEIVED
JUL 1 3 2005
Attachment 10
.-~
J-J
DRAF.T
12.NOISE METER.The restaurant operator shall purchase and receive training on the operation of the noise meter.
The operator shall monitor the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made available to Town staff for review
upon request.
TO THE SATISFACTJON OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)~
13.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay a proportional to the
project's share of transportation improvement needed to serve cumulative development within the Town of Los
Gatos.The fee amount will be based upon the Town Council resolution in effect at the time the use pennit is
issued.The fee shall be paid within 30 days of use pennit approval.The traffic impact mitigation fee for this
project,using the current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on the
addition of 40 seats to the existing approved 100-seats.The project will generate 115 additional daily trips (2.86
daily trips per seat),and II PM peak hour trips (0.26 peak hour trips per seat).The final fee shall be calculated
from the final plans using the rate schedule in effect at the time of the use permit is approved,using a trip
generation rate based on high quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
14.GENERAL.The restaurant/bar is subject to the following:
a.Uniformed privately provided security guards may be required in or around the premises by the Chief of
Police if alcohol related problems recur that are not resolved by the licensed owner.
b.At the discretion of the Chief of Police,periodic meetings will be conducted with representatives from the
Police Department for on-going 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 l~cation.
15.OUTDOOR DINING.A hostlhostess station shall be staffed at the entrance to the outside dining area.
N:\DEV\CONDITNS\2005\winecellar.ap.wpd Page 2 of 2
CONDITIONS OF AFFROVAL
ALTERNATIVE 3
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF TIlE VVINE CELLAR
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Plamring Division)
1..EXPlRATION.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.
2.SUNSET OF APPROVAL.The approval for the entertainment and dancing as
conditioned below,shall expire two years from approval.The applicant may
request to extend the expiration date by filing an application to amend the
Conditional Use Permit,at least 60 days prior to expiration.The filing of this
application does not guarantee the extension.
3.SEATS.The maximum seating allowed is 140 (94 inside)(79 inside dining seats,15
inside bar seats,and 46 outside dining seats).Meal service shall be available until
closing or 11 PM Sunday through Thursday and urrtil12 midnight Friday,Saturday,
holidays and evenings before holidays,whichever is earlier,iflate night bar ser vice is
available.
4.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of the bar area shall be
served without meal service.A meal is defined as a combination of food items selected
from a menu (breakfast,brunch,.lunch,or dinner).Appetizers such as popcorn,nachos,.
pretzels,potato skins,relish trays,etc.(hot or cold)are not meals.
5.UTENSILS.All meals shall be served on reusable utensils.
6.HOURS OF OPERATION.Meal service shall be available until closing or 11 PM
Sunday through Thursday and until 12 midnight Friday,Saturday,holidays and
evenings before holidays,whichever is earlier.The maximum hours of operation are
as follows:
Saturday and Sunday -9.30 MYf to 2.00 MY£.
Monday through Friday-11.00 AM to 2.00 MY£.
Sunday through Thursday -9:30 AM to 11 PM
Friday,Saturday,holidays or evenings before holidays -9:30 AM to 1 AM
7.RESTAURANT USE.A high quality restaurant and full service bar is permitted.
8.ENTERTAINMENT.There shall be no outdoor entertainment.Amplified musical
entertainment and dancing,is permitted inside only urttill.00 am on Friday,Saturday,
Holidays &nights before Holidays,and Midniglrt Sunday through Thursdays.
N:\DEV\CONDITNS\2005\winecellar.2.wpd Page 1 of 3
Attachment 11
9.NOISE.Pursuant to the Noise Ordinance,the exterior noise level shall be no louder than
as follows,measured from the property line:
1 PM to 10 PM -56 decibels
10 PM to 6 AM -51 decibels
6 AM to 1 PM -52 decibels
10.DANCn~G.Dancing shall be allowed no later than the hours of Entertainment on
Thursday,Friday,Saturdays,Holidays and nights before Holidays.
11.DOORS.When music is playing,exterior door on Mullen Avenue doors shall not be
propped open.
12.REVIEW.Town staff shall review the use permit three months from approval to evaluate
any complaints received relating to the extended days of entertainment and/or the
amplified entertainment.If it is determined that the entertainment is resulting in a public
nuisance,the permit will be referred to the Planning Commission for modification of the
conditions of approval.
13.NOISE METER.The restaurant operator shall purchase and receive training on the
operation of the noise meter.If available,the noise meter shall include a function to
allow the readings to be recorded.The operator shall monitor the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made available to
Town staff for review upon request.
14.PARKING.The applicant shall post a sign to encourage customers to avoid using
the Mullen Avenue parking lot after 10 PM.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
15.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay a
proportional to the proj ect's share oftransportation improvement needed to serve cumulative
development within the Town of Los Gatos.The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued.The fee shall be paid within
30 days of use permit approval.The traffic impact mitigation fee for this project,using the
current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on
the addition of 40 seats to the existing approved 100-seats.The project will generate 115
additional daily trips (2.86 daily trips per seat),and 11 PM peak hour trips (0.26 peak hour
trips per seat).The final fee shall be calculated from the final plans using the rate schedule
in effect at the time ofthe use permit is approved,using a trip generation rate based on high
quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
16.GENERAL.The restaurant/bar is subject to the following:
a.Uniformed privately provided security guards may be required in or around the premises
by the Chief of Police if alcohol related problems recur that are not resolved by the
licensed owner.
b.At the discretion of the Chief of Police,periodic meetings will be conducted with
N:\DEV\CONDITNS\2005\winecellar.2.wpd Page 2 of 3
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.
17.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
N:\DEV\CONDITNS\2005\winecellar.2.wpd Page 3 of 3
CONDITIONS OF APPROVAL
RECOMMENDED BY PLANNING COMMISSION
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code,unless the approval has been vested.
2.SEATS.The maximum seating allowed is 140 (79 inside dining seats,15 inside bar
seats,and 46 outside dining seats).
3.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of the bar area shall be
served without meal service.A meal is defined as a combination of food items selected
from a menu (breakfast,brunch,lunch,or dinner).Appetizers such as popcorn,nachos,
pretzels,potato skins,relish trays,etc.(hot or cold)are not meals.
4.UTENSILS.All meals shall be served on reusable utensils.
5.HOURS OF OPERATION.Meals must be available up to the closing hour.The hours
of operation are as follows:
Saturday and Sunday -9:30 AM to 2:00 AM.
Monday through Friday-11 :00 AM to 2:00 AM.
6.RESTAURANT USE.A high quality restaurant and full service bar is permitted.
7.ENTERTAINMENT.There shall be no outdoor entertainment.Amplified acoustic
musical entertainment is permitted inside only and shall be limited to Thursday,Friday,
and Saturday only.
8.NOISE.All amplified entertainment shall be connected to the house sound system.The
music coming from the sound system shall be no louder than the sound that is heard
standing in front of the stage.Pursuant to the Noise Ordinance,the exterior noise level
shall be no louder than as follows,measured from the property line:
1 PM to 10 PM -56 decibels
10 PM to 6 AM -51 decibels
6 AM to 1 PM -52 decibels
9.DANCE FLOOR.A dance floor is prohibited.
10.DOORS.When music is playing,exterior doors shall not be propped open.
11.REVIEW.Town staff shall review the use permit three months from approval to evaluate
any complaints received relating to the extended days of entertainment and/or the
amplified entertainment.If it is determined that the entertainment is resulting in a public
nuisance,the permit will be referred to the Planning Commission for modification ofthe
conditions of approval.
N:\DEV\CONDITNS\2005\winecellar.ap.wpd Page 1 of 2
Attachment 12
12.NOISE METER.The restaurant operator shall purchase and receive training on the
operation ofthe noise meter.The operator shall monito.r the noise levels on an
on-going basis and record the meter readings in a log.The log shall be made available to
Town staff for review upon request.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay a
proportional to the proj ect's share oftransportation improvement needed to serve cumulative
development within the Town of Los Gatos.The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued.The fee shall be paid within
30 days of use permit approval.The traffic impact mitigation fee for this project,using the
current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on
the addition of 40 seats to the existing approved 100-seats.The project will generate 115
additional daily trips (2.86 daily trips per seat),and 11 PM peak hour trips (0.26 peak hour
trips per seat).The final fee shall be calculated from the final plans using the rate schedule
in effect at the time ofthe use permit is approved,using a trip generation rate based on high
quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
14.GENERAL.The restaurant/bar is subject to the following:
a.Uniformed privately provided security guards may be required in or around the premises
by the Chief of Police if alcohol related problems recur that are not resolved by the
licensed owner.
b.At the discretion of the Chief of Police,periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on alcoholic
beverage service to the general public.
c.All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards ofthe California Restaurant Association.
d.All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages for designated drivers.
e.Taxicab telephone numbers shall be posted in a visible location.
15.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
N:\DEV\CONDITNS\2005\winecellar.ap.wpd Page 2 of 2
CONDITIONS OF APPROVAL
ALTERNATIVE 5
50 University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats,to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP.APN 529-02-044
PROPERTY OWNER:Federal Realty
APPLICANT:Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(planning Division)
1.EXPIRATION.Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code,unless the approval has been vested.
2.SEATS.The maximum seating allowed is 140 (79 inside dining seats,15 inside bar
seats,and 46 outside dining seats).
3.ALCOHOLIC BEVERAGES.No alcoholic beverages outside of the bar area shall be
served without meal service.A meal is defined as a combination of food items selected
from a menu (breakfast,brunch,lunch,or dinner).Appetizers such as popcorn,nachos,
pretzels,potato skins,relish trays,etc.(hot or cold)are not meals.
4.UTENSILS.All meals shall be served on reusable utensils.
5.HOURS OF OPERATION.The hours of operation are as follows:
Saturday and Sunday -9:30 AM to 2:00 AM.
Monday through Friday-11 :00 AM to 2:00 AM.
6.RESTAURANT USE.A quality restaurant and full service bar is permitted.
7.ENTERTAINMENT.Acoustic musical entertainment is permitted inside only and shall
be limited to Thursday,Friday,and Saturday only.There shall be no amplified music
inside or outside the restaurant.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
8.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)The developer shall pay a
proportional to the proj ect's share oftransportation improvement needed to serve cumulative
development within the Town of Los Gatos.The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued.The fee shall be paid within
30 days of use permit approval.The traffic impact mitigation fee for this project,using the
current fee schedule and the preliminary plans is $12,300.This preliminary fee is based on
the addition of 40 seats to the existing approved 100-seats.The proj ect will generate 115
additional daily trips (2.86 daily trips per seat),and 11 PM peak hour trips (0.26 peak hour
trips per seat).The final fee shall be calculated from the final plans using the rate schedule
in effect at the time ofthe use permit is approved,using a trip generation rate based on high
quality restaurant use.
N:\DEV\CONDITNS\2005\winecellar.5.wpd Page 1 of 2
Attachment 13
TO THE SATISFACTION OF THE POLICE CHIEF:
9.GENERAL.The restaurantlbar is subject to the following:
a.Uniformed privately provided security guards may be required in or around the premises
by the Chief of Police if alcohol related problems recur that are not resolved by the
licensed owner.
b.At the discretion of the Chief of Police,periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on alcoholic
beverage service to the general public.
c.All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards ofthe California Restaurant Association.
d.All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages for designated drivers.
e.Taxicab telephone numbers shall be posted in a visible location.
10.OUTDOOR DINING.A host/hostess station shall be staffed at the entrance to the outside
dining area.
N:\DEV\CONDITNS\2005\winecellar.5.wpd Page 2 of 2
Page 1 of 1
Sandy Baily -Wine Cellar
From:
To:
Date:
Subject:
CC:
"Linda Apichell"<LApichell@LarkspurHotels.com>
<blortz@town.los-gatos.ca.us>,<mwasserman@losgatosca.gov>
07/22/20052:21:13 PM
Wine Cellar
<Lisa@winecellarslosgatos.com>
Good Day:
I would like to take this opportunity to ask for your support in regards to the modification of the Wine Cellars live
music permit.The enhancement isa benefit to our hotel guests staying at the Toll House Hotel.We are
committed to keeping the business in our lovely community of Los Gatos.The more the town has to offer our
guests/visitors,we all win.
The Toll House is happy to report that we are a busy "wedding"house on the weekends.The wedding parties
and attendees are always looking for fun entertainment into the later hours of the evening.Let's keep our guests
and visitors entertained and I know it will have a positive effect on commerce.Thank you for your time and
consideration.I hope you will be a guest at the lovely Toll House Hotel for lunch,dinner,brunch or try our 3-D
Happy Hour Monday -Friday 3:30pm -6:30pm.
£itufa Jf.piclieU
General Manager
Toll House Hotel
140 S.Santa Cruz Avenue
Los Gatos,CA 95030
Direct Line:408-884-1111
Hotel Line:408-395-7070
Fax:408-395-3730
Please visit our website at www.larkspurhotels.com
Larkspur Hospitality welcomes its newest member of the family,the Sainte Claire,a Larkspur Hotel in
San Jose,CA.We invite you to find out more by clicking here for additonal information on this
historical hotel.
Please visit our website at www.larksp-urhotels.com
Attachment 14
file:!/C:\Documents and Settings\SBaily\Local Settings\Temp\GW}00003 .HTM 07/25/2005
Dear Council members,
Town Council,Town of Los Gatos
Re:Changes in conditional use permits for Cafe Rouge and
F~OM :DAVID/JUSJO FAX.NO.:4083547042 .Jul.25 2005 11:44AM P1,.
i
I
!
I would like to point out to you as I did on the letters attached to Planning and to you,that
the vitality ofthe CBD is at the most precarious point that I have seen since the 19708.
We have vacant store fronts with for lease signs that have been up for months.Normally
it takes 30 days or less to rent a space.This is not because of the effects of the recession.
WH10w Glen does not seem to have this problem.Rather this is due to the transformation
of the CHD from a comfortable mix of tenants to a ghc::tto of food oriented and service
professional operations.The heady days prior to the recession kept us going no matter
the disproportionate High Use encroachments.Due to inappropriate choices of tenants
and lack of proper planning there is considerably less retail in town (not including Old
Town)than there was during the 90s.The days of"we,c:an do no wrong"are over with...
The reality of.this lopsided mix is not just less parking and poor circulation but the loSs of
truly what made Los Gatos Shine and the-desire for upper end stores to locate here.They
brought in the clUriage trade that patronized the mom and pops as well.We have lost ...
most of these operations to mediocrity and redundancy.The handwriting has been on the
wall for years hut unfortunately we have a history of making wrong decisions during
.downturns in the economy.The recommendations of the general plan review committee
have yet to be addressed on this issue and instead of decreasing the intensification of the
CBD we hav~in actuality passed up opportunities to bring in mo~~1 and allomd
new or replacement high use operations to open..
The two applications before you prcsentproblems because we have n.ot taken the action
the general plan review committee has suggested by legislating a halt and reduction of
further intensification in the CBD in order to keep .it a viable RETAIL district.1 would
hope that you take $teps forthwith to do this and deny ANY request for increase in USE.
We do not ~eed a.dance hl:lll in Old,Town,we approved their existing permits with.·
Iimitatipns due to existing high density.If you approve it yoli will be Setting a
precedence that others will w~t as well.We do not ,need beer and.wine.served in coffee
,houses ofWbich the precedence has already been set with Cafe Rouge.What will you
say ~o Terri H~pe if she too wants to ~rve beer and wine in her coffee house .
.Further intenSllQations are unacceptable in the CBD,The planni.ng commission ~
the correct dedsion in not allowing the removal of a parking space,allowing more
seating,and c~ges ~f hours.You can not approve one ~plication without the other.
The solution is therefore simple:follow the will of the community through the direction
9fthe .plan 1't'Vicw com.m.ittec an4 start ~ed\.1.cing intensification·in thl;CBD.
RECEIVED
.JUL 2 5 2Ll\tl
Attachment 15
FROM.:DA~ID/JUSrO
........
FAX NO.:4083547042 Ju L 25 2005 11:45AM P2
..1 _,~.--_.•._-
p~C<ftoission ~~2;:st;~.013·
Town of Los Gatos ~_~~~~
ll'he no:x:rcal progression in Los Gatos for increasing table space over and
above the allowed seating is to just do it or go outside to do it.'!be
progression in changing type of use for a food operation is fran a bakery
to a coffee house.to a cafe and now a wine bzIr is rcore d:uplicious but
with verasity and t.ine it can be done as is the case here.We were to
have Stopped issuing further use permits for fced operations in the C.B.D.
or allawing existing ones to grow in size after the finaing of the general
plan review conmittee were issued.But that is not the case.If we allow
increased use of this cafe we are setting ourselvee up.'Ibis premises is
currently underutali~ed but with the addition of nore outdoor seating it
beo:m'es a viable product.to put on the :tTa:I:'ket.and.sell to a nore agressive
restauranteer and therefor increasing the cJe:nsi'\w and use of the property.
If all~to happen the 'logical consideration by 'you would be to close
do\om..part of",the Widing in order to reduce the size if appropr:ia~since
a parking space will be rencved.o I.presun'E this spac~was fac'l::::ored.into
the use pennit and without it '!:he property owner will have to either pay ..
n-o:t:e into the Parking district or reduce the size of the building.'llrls is
a private on site space but never the less it was used for loadi.nq and
unloading"Wl:thout it ~do the tennants trucks unload?The parking lot?
'!he sti:eetr In any event to the d.,i.sadvantage of thier neighbors..This
parking space was,pert of the orig.inal permits and shoul.d be kept as sane...
Not.too long ago to the s~of a few council ne:nbers :r.talked with you
allowed this coffee house a beer and wine permit to be served.with food
only.To nw knowledge there is not even a proffession or legal county
health·food rode app:r:oved kitchen in there and they offer a salad and
sandwich etc not coffee shop or resta-urant m;.als.I have often walked 'by
or gone insioe.to see wine or bee:/:'served outdoors w;l.thout the noIl'Cal fenced
in area required or served wiele and in l:.oth case~without food of which
no it was not.forthcoming.If 'We app:rove this it will again coma before you
to ~mase thier hours of Operation.And again we will re-inforce the belief
that in 'thie town it is the nonnal way to turn a bakery,a Ice cream parlox:',
a juime bar or any mimimal fcx:xl operation into a full fledged restaurant
and in this case a want to be wine bar.
I respecfully :reqUest that you deny this continued overintensifioation of the
C.B.D.and draw a line.iP.the sand to let it be known that we have enough 'of
these kinds of progressions.
FROM :D~UID/JUSTO,"FAX NO.:4083547042 ,luI.25 2005 11:48AM P4
,\
Town of los Gatos'
Planning caTmi.ssion
.0 ...-
50 university 180
'ltlose of you who followed or were on the Town general plan review camti.ttee
will rerrerrber that we finalized our 2 years with a list of ~
changes to the general plan.,One of these clearly indicated that·'we wanted
to._keep the character of a srrall town and one way to do this was to reduce
the use and activity or density of the Central Business District~
.~
.Lately we have had a number of cases where this could have been.done and in
one case even.overtly going against the reconendations of the will of the
comnuni.ty through the general plan review camrl.t~,by allowing'a previous
closed down Swensons coffee and Ice cream parlor to be split into m new
restaurant uSes and.with the addition of rrore seating outside.we had the
oportunity to a11CM only the new'Ice cream "National :P'ranchi.se"to occ;:upy
part.of that space ....By the way I don It think they -went ~h t:heprocess ..
of a formula operation ~ieM through you,another loophole :in our ordinances.
Instead approyeq.even thOugh~there was no obligation on our part to 00 so
a second eatery thereby lurther increasing destination operations instead of
allowing l'lOI'e retail O:mmrce to occupy the space in order to try to return
the C.B.D.to a :tetail Mstriet with less food orientation.
we currently have other simular problems happening when proffessional offices
vacate and release to proffessional offices instead of .attenptingto lease to
retail as rEqUired by ordinance.Anethar..is.:-.the retail j~s.:...at·..:the ..;COmer
of Bachrtv3n beiilg turned'into proffessi.crtal.rcedical •.
With this in mind we are obligated to be diligent in not allowing further .:'.'
intensification 00 matt.er hew small it may seem to reduce not .increase traffic',
parking I and conjestion in the central bqsmess'·district.in order t.o vitalize
retail c:.x:::mrerce instead of making it ncrEl difficult 'for them.'1b addnore
seating inside or'out.and to increase hours of opexations or :musio.venues .'
to a use permit 'When not part of the original requests for oPerating is not
acceptable'or fair to the residents 'Who 1i'le adjacent to this ref?taurante .
and the ot:heJ:.ne:.rchan~in an ~overburdoned C.B .D~
In this o:mm.mity it ·is norinal to just do things and ask for permission later,
and·in nost cases it.works.I:lut in this case if this,requeSt brings even one .
rrore c~into town it is one nore straw that in the total ou~ights our ability
to operate an,econarnica1.ly viable C.B.D.
ReSf?BCfully 1
I
i
/rrri
F~QM :DrlU lD/.JUSrO FAX NO.:4083547042 Jul.2S 2005 11:47AM P3
'I.'CWN COU'~IL·:re:50 University Ave.Suite 180 COnditional Use Pexmit U"'0307
Sane day I will lea:rn how to ~my coot'UteJ:'to write letters and use spell check.
I just can't get it printed on the paper correctly.But r am getting ~.
In the ~an tin'e you have to suffer through my using the J:BM typewriter..:..'
I have 'been aocused by serre of you as too exagerating.This.r Cbn,t do but will
admit to a b~of dranatizationfor sure.In ~case of o:mtinUed approval of
increased density in the .C.B.D.exageratian might be called for but I,ll stick
with nurrbers instead..
Danielle SW:din recently outlined the quantatative ni.mber of 18%national or ,
fo:anula operationS.in Towtl..I have discussai with ~that this figure ~d be,
Ir01:El informative if it·~based.on c;rl:her factors sucll as square footage,and
locations to give a truer pic:tl.rre of how they effect.the camunity.'~in;:o~t
might be caleulat~irn::orfOrating many'factoz:s of what effects high USE operations
have an the central Business District.By this I nean ~ything not:.retail and .
incunpaEiing,Office,proffes.sional,service proffessiOnal t food service,bars,etc.
I pose this thought as I trully believe that the vitality of the C~B.D.has been
so incumbered by non-retail operation that we are at a po.int of tJ:ue conoerne..
'Ib refine the .i.mpaet of non retail operaqon we need to grid out the C.B.D.'to find
true ratios of carpa:l:'ison.before we can continue to grant increa~seating,ItUSic,
hours,or concessions to high use operations.U1till this is done I hope that you
allow no further intensification no matter how SIIa1l.
,,..
On Main st.alone framLynd:>n Plaza to the Bridge there a:re 27 store fronts.
of this there are 11'in use for food operations.Slightly 8l:OI.1nd 40%.til .;r.am
going tospecu1ate not em.a.gerate.If you facto:!:.in heM much square.fO(rt!l,ge they
occupy I,would guess 50%of the ground space.If you factor all other high use
ope:r:ations and i:hrc:M in residential as well based an ~e footage it might be '
around 80t·.Santa cruz ave.frCm Main st.:to Baqhman is etv.en .np;re Clen.se ......
,I,,0:'"......,.•..
_-r .......·..........::._~_...._......._...,_.::""1..,"..tl '••'..
I ~lize that Old ,'I'cMn is asking fo~·very.little ncM that oakville .grocery is no
long~serving foOd which w::>uld bring it back to statsls qlD but that is'not the point.,
We have been.asked by the Gener?\l Plan Retiew'CGmnittee to re&.x:e :the usage not
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
residents and rrerchants and we rrust do everthing'}?Ossible to eliviate this..
Pl~se .say 'no t.o this request for further inCrease of intensity in tiu;;Use Permit:
and any.otoors un.till.a proper eqllA:t;:.ion can be arrived at that Merta us to the
.~or being lopsided with destination locations.Itrul1y believe we are at
a turning p::>int to the worse (a little exaseration)and need to protect the vitality
of the Villa ""'
,
,/
l
I
....,l
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN.OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS,the sale of alcoholic beverages,if not regulated,canjeopardize public safetY,
result in an increase of calls for police services and compromise tp.e quality of life for Town
residents;and
WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential·neighborhoods with the goal of maintaining a vibrant and
succe~sful Downtown'and corru.1J.ercial areas throughout Los Gato1?;'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.
Attacbment 16
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17 th day
of September,200 1,by the following vote:
I
COUNCIL MEMBERS:
AYES:Ratldy Attaway,Steven Blanton,Sandy Decker;Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:None
ATTEST:
"a~'~SIGNED:~
YOiCdrLt'HE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
!
I
I
J
I
I
,
)
}
...."..l
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
2
.-,"
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I.Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize public
safety,result in an increase of calls for police services and compromise the quality 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 he 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 followirig requirements:
II.General policy
1.The Town shall continue to strongly discourage new applications for stand alone
bars or restaurants with separate bars.
2.The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3.Entertainment in association with an eating or drinking establishment may be allowed.
if standards and a permit process are adopted.
4.Alcoholic beverage service for new conditional use permit applications or
applications for modification of a conditional use permit shall not be allowed:
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 pennit in good standing allowed to serve
alcoholic beverages pastthe hours stated above may continue to operate under their existing
hOUTS of operation.
Wllua.A
Town ofLos Gatos
Alcoholic Beverage Policy
Page 2 of4
5.Any establishment serving alcoholic beverages shall be subj ect 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 Chief ofPolice,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 pennit to serve alcoholic beverages past 10PM:
A.Late night service will not adversely impact adj acent 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 of food 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 olLos Gatos
Alcoholic Beverage Policy
Page 3 014
III.Specific Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,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
Permit for the location.
b.One year following issuance of a business license,surrounding/impacted
property owners shall be notified and any comments regarding the operation
.of the business shall be solicited.
c.If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood,the Director shall review
the operation ofthe business to determine whether there is a violation ofthe
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
con-ected by the business owner the matter will be forwarded to the Planning
Commission forpublichearingpursuantto Section 29.20.310 of the Zoning
Ordinance.
e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV.Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.20.318(b)of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health,safety or welfare.Enforcement of section 29 .20.318(b)of the
Town Code will be based on,but not limited to,the following factors:
1.The number and types ofcalls for service at or near the establishment that are a direct
result of patrons actions;
n.The number of comp laints received frOID residents ad·other citizens concerning the
operation of an establishment;
m.The number of an-ests for alcohol,drug,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
.N.The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V.Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development.The Town
retains the right of review and approval (or denial)of each proj ect based on its merits.
N:IDEVISUZANNBICouncilIP0IiciesI200 Ialcohol policy.wpd