12 Staff Report - 368 Village LaneDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
November 22,2005
MAYOR AND TOWN COUNCIL
DEBRA J.FIGONE,TOWN MANAGER
:MEETING DATE:12/5/05
ITEM NO.1 d--
SUBJECT:CONSIDER A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT TO EXPAND FROM BEER AND WINE TO FULL LIQUOR
SERVICE SERVICE (CAFE MARCELLA)ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT APPLICATION U-06-3.PROPERTY
LOCATION:368 VILLAGE LANE (APN 529-04-053).PROPERTY
OWNER:THE WALTER B.FRANCK SUPPORT TRUST APPLICANT:
CAFE MARCELLA,INC.
RECOMMENDATION:
1.Accept report in the form of verbatim meeting minutes from the Planning Commission regarding
a modification of a Conditional Use Permit (Attachment 4).
2.Hold the public hearing and receive public testimony.
3.Close the public hearing.
4.Approve the application.Ifthe application is approved,make the required findings (Attachment
1)and approve the application subject to the proposed conditions (Attachment 3)(Motion
Required).
5.Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
On July 5,1977,the Town Council approved Conditional Use Permit Application U-77-12 for a
restaurant which was allowed to serve beer and wine with meals at 368 Village Lane.On May 27,
1981,the Planning Commission approved Conditional Use Permit Application U-8I:...9'to expand
the floor area of the existing restaurant.Full liquor service was not requested at that time (Exhibit
C of Attachment 5).In the fall of 1991,Cafe Marcella opened at this location.
(Continued on Page 2)
~LW-
PREPARED BY:~UD-N.LORfi~
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:NAssistant Town Manager (9VTown Attorney __Clerk'---------'Finance
~Community Development Revised:11/22/05 5:12 pm
Reformatted:5/30102
Page 2
MAYORANDTOWNCOUNC~
SUBJECT:368 V~LAGE LANE (CAFE MARCELLA)
December 5,2005
DISCUSSION:
1.Project Summary
The applicant is requesting approval to modify the existing Conditional Use Permit to allow an
expansion from beer and wine service to full liquor service in conjunction with meals.The
applicant states that this request is necessary due to competition from other local restaurants that
have obtained approval for full liquor service (Exhibit E of Attachment 5).All other existing
operations,including hours of operation and seating capacity,will remain unchanged.If the
Council approves this request,service of beer,wine,and liquor at the existing restaurant,
including the existing bar,will only be permitted with meals (Conditions #5 and 6 of Attachment
3).
2.Planning Commission:
The Planning Commission considered this matter on October 26,2005.A copy of the verbatim
Planning Commission minutes are included as Attachment 4.Pursuant to the Town's Alcoholic
Beverage Policy (Attachment 7),the Commission forwarded the matter to Town Council and
unanimously recommended that the Council approve the application.The Commission
supported the request because they were able to make the required findings for the approval of
a Conditional Use Permit (Attachment 1)and they determined that the request is consistent with
the Town's Alcohol Policy (Attachment 7).
Additionally,the Commission requested that the Council consider modifying the existing
Alcohol Policy (Attachment 7)to streamline the Conditional Use Permit modification process
for converting from beer and wine service to full liquor service by allowing the Planning
Commission toapprove applications of this nature.The Commission suggested that the Council
consider this request for existing restaurants,of a certain quality and!or which contain an existing
separate bar,which are currently permitted to serve beer and wine.This issue is separate from
theproposed application.Council may offer direction to staff regarding this concept at this time
or may direct staff to bring this concept back to Council as a separate report.
CONCLUSION:
Staff has reviewed this proposal and believes that this is a reasonable request given that the existing
business does not have a history of complaints and is in good standing with the Police Department.
Additionally,staff and the Commission have determined that this request for full liquor service
complies with the Town's Alcohol Policy and that the approval ofthis request will not create any
additional impacts because the existing restaurant will continue to operate in the same manner it has
for the last 14 years.
Additionally,if the Council believes that the Commission's request for a modification of the Town's
Alcohol Policy should be considered then the Council should provide direction at this time or direct
staff to agendize this matter on a future agenda for further consideration.
Page 3
MAYOR AND TOWN COUNCa
SUBJECT:368 VaLAGE LANE (CAFE MARCELLA)
December 5,2005
ENVIRONMENTAL ASSESSMENT:
As required by Section 15301 of the State Environmental Guidelines as adopted by the Town that
this project is Categorically Exempt.
FISCAL IMPACT:None
Attachments:
1.Required findings from the Staff Report for the Planning Commission meeting of October 26,
2005.
2.Existing Conditions of Approval.
3.Recommended Conditions of Approval.
4.Verbatim Planning Commission minutes for the meeting of October 26,2005.
5.Report to the Planning Commission dated October 19,2005 for the meeting of October 26,
2005.
6.Desk Item to the report to the Planning Commission dated October 26,2005 for the meeting of
October 26,2005.
7.Alcoholic Beverage Policy
Distribution:
The Walter B Franck Support Trust, 19050 Skyline Blvd.,Los Gatos,CA 95033
Cafe Marcella,hIc.,368 Village Ln.,Los Gatos,CA 95030
BNL:1P:mdc
N:\DEV\CNCLRPTS\2005\368Village.wpd
REQUIRED FINDINGS FOR
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit Application to expand
from beer and wine to full liquor service (Cafe Marcella)on property zoned C-2.APN
529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
The deciding body,on the basis of the evidence submitted at the hearing,may grant a
conditional use permit when specifically authorized by the provisions of the Town Code
if it finds that:
(l)The proposed uses of the property are essential or desirable to the public
convenience or welfare;and
(2)The proposed uses will not impair the integrity and character ofthe zone;and
(3)The proposed uses would not be detrimental to public health,safety or general
welfare;and
(4)The proposed uses of the property are in harmony with the various elements or
objectives ofthe General Plan and the purposes of the Town Code.
•That the work proposed is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
•As required by Section 15301 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:\DEV\FINDINGS\368Village.wpd
Attachment 1
\
I
Planning Department
354-6872
CONDITIONAL USE PERMIT
U-94-"/3'
On February 22,1994the Los Gatos Town Council adopted the Alcoholic BeveragePolicy and
an ordinance requiring all restaurants and bars to be in compliance with certain provisions of the
Alcoholic Beverage Policy.In addition to the existing conditions,the conditions in bold become
effective on February 22,1995.
This permit issued to Cafe Marcella at 368 Village Lane allows operation of your establishment
subject to the following condtions:
1.So long as this establishment serves alcoholic beverages it shall be subject to the .
following:
a.Uniformed privately provided security guards may be required in or
around the premises.by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
b.At the discretion of the Chief of Police,periodic meetings Will be
conducted ,vith representatives from the Police Department for on-
going employee training on alcoholic beverage service to the general
public..
c.This establishment shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of
the California Restaurant Association.
d.The licensed operator 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.
2.The number of seats shall not exceed 96 ...
3.The hours of operation shall not exceed 11:30 AM to 2:30 PM and 5;30 PM to io:OO
PM.
4.Beer and wine is permitted with meals:
Attachment 2
RECOMMENDED CONDITIONS OF APPROVAL FOR:
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit Application to expand from
beer and wine to full liquor service (Cafe Marcella)on property zoned C-2.APN 529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit F in the report to the Planning Commission.Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission,depending on the scope of the changes.
2.LAPSE FOR DISCONTINUANCE:If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1)year the approval lapses.
3.NUMBER OF SEATS:The maximum number of seats for the restaurant shall not exceed 96.
4.HOURS OF OPERATION:Maximum hours of operation for the restaurant shall be 11 :30 a.m.
to 2:30 p.m.and 5:30 p.m.to 10:00 p.m.seven days a week.
5.ALCOHOL SERVICE:The service ofbeer,wine,and liquor for the restaurantis permitted only
with meals.A meal is defined as a combination of food items selected from a menu (breakfast,
brunch,lunch,or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.
6.EXISTING BAR:The service ofbeer,wine,and liquor at the existing bar is permitted only with
meals.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 meals.
7.LIVE ENTERTAINMENT:No live entertainment shall be provided unless the applicant receives
future approval oflive entertainment.
8.TAKE OUT SERVICE:There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9.UNIFORMED SECURITY:Uniformed privately provided security guards may be required in
or around the premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
10.CONSULTATION AND TRAINING: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.
11.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards ofthe California Restaurant
Association.
12.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
Attachment 3
368 Village Lane /U-06-003
October/26,2005
13.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
14.INDEMNITY AGREEMENT.An indemnity agreement releasing the Town from any liability
associated with the trash enclosure,and stating that the right to maintain a trash enclosure on
Town property may be revoked at any time shall be signed prior to construction.
15.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._
16.ENCROACHMENT PERMIT.All work in the public right-of-way will require a Construction
Encroachment Permit.All work over $5,000 will require construction security.
17.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting any work pertaining to on-
site drainage facilities,grading or paving,and all work in the Town's right-of-way.Failure to
do so will result in rejection of work that went on without inspection.
18.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 the Engineering Construction Inspector before the
start of construction to verify existing conditions.
19.CONSTRUCTION NOISE.Between the 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.Ifthe 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 the property plane shall not exceed eighty-five
(85)dBA.
N :\DEV\CONDITNS\2005\3 68Village.wpd
1
5
Los Gatos Planning
commissioners:
A P PEA RAN C E S:
Michael Burke,Chair
John Bourgeois
Michael Kane
Phil Micciche
Tom O'Donnell
Lee Quintana
Joanne Talesfore
4
5
6
PRO C E E DIN G S:
CHAIR BURKE:Has the Commission read the Desk
Item on Item #3?I'll call us back to session here.Would
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Assistant Director of
community Development:
Town Attorney:
Transcribed by:
Randy Tsuda
Orry Korb
Vicki L.Blandin
5500 Van Fleet Avenue
Richmond CA 94804
(510)526-6049
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the applicant or the representative from 368 Village Lane,
Conditional Use Permit U-06-003 come up?You have five
minutes,sir.
ALAIN STABLER:Good evening.My name is"Alain
Stabler.I am the owner of Cafe Marcella and we are hoping
to get full liquor license.The reason why is when we
opened 15 years ago the trend was more toward wine than
liquor and we never really asked for any liquor license at
that point.For the last ten years now the liquor license
is a must.The liquor industry lost so much money against
the wine industry that lately they've started marketing
their products towards cocktails and gaining a lot of
ground over the wine.So now to appear at the restaurant
it's a must,it's a need to have a liquor license that
includes alcohol.
CHAIR BURKE:If that's it,I'll open for
questions,or do you have any other statement?
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
1
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
2
1 restaurant that has a bar,but we serve food at the bar.We
used to have a clientele that would come and dine at the bar
1
4
ALAIN STABLER:Well,we are losing our base
customers.We are losing a lot of customers due to not
having the liquor license.Our revenues are down.Our
business is not doing as well as it used to.Most of the
4
who doesn't come anymore.We used to be busy at the bar of
course,but the wine was always served with meals.So it's
not a bar that you're going to have a cocktail in any sense
new restaurants in Los Gatos have a liquor license.I would
say just a few:(inaudible),Willow Street,the Brewing
6
7
of the way;it's a restaurant.
COMMISSIONER BOURGEOIS:So you're okay with that
Company recently got their liquor license,and I'm just condition?
wondering if we could get our liquor license like anybody ALAIN STABLER:Yes.
10
11
else.
CHAIR BURKE:Are you ready to take some
10
11
COMMISSIONER BOURGEOIS:Okay.
CHAIR BURKE:I'd like to clarify a question with
Staff,and I know I've asked this for other applications.
16 the conditions of approval?
15
13
12
When they say alcohol only with meals,does that mean the
person has to buy food in order to buy a drink,or they have
to be serving food to be serving alcohol?
RANDY TSUDA:It means that you need to be serving
16 food during all bar hours,number one.It also means that if
14
COMMISSIONER BOURGEOIS:Thank you.Have you read
CHAIR BURKE:Okay,Mr.Bourgeois.
ALAIN STABLER:Sure.
questions?12
15
13
14
17
18
ALAIN STABLER:Yes.
COMMISSIONER BOURGEOIS:Because in your letter of
17 you're coming in for a drink,the intent is that you are a
18 patron that will be getting a table and purchasing a meal.
19
20
21
22
23
24
25
justification you state,"As a result over the last few
years we've watched our bar business erode from a packed bar
from opening to closing to only a handful of guests who are
waiting for their table."Yet condition #6 says that it's
only going to be limited to with meals.So are you okay with
that condition and you understand that condition?
ALAIN STABLER:Yes.Our manager wrote the letter
and he didn't quite understand the business.It's a
19
20
21
22
23
24
25
The intent is to keep it from becoming a destination where
it's just a bar business and not a place you go for a
cocktail or a drink prior to being seated.
CHAIR BURKE:Okay.Commissioner Talesfore.
COMMISSIONER TALESFORE:Thank you.I consider you
a regionally famous restaurant,so why do people come to
your restaurant?
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
3
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
4
1 ALAIN STABLER:well we've been established for 15 1 reflect the restaurant,because we've been very reasonable
2 years now,and we have a very solid based clientele,and now
that we are seeing that solid based clientele kind of
4 disappear,we are getting scared;because the trend is
moving toward liquor:the martinis,the cosmopolitans and
2 for like 15 years.
COMMISSIONER TALESFORE:So you don't have an idea
4 what that could be?
ALAIN STABLER:What,the price of the drinks?
things like this.And now we have people saying,"I would
like to come to your place,but you don't have a bar.You
don't have cocktails to start with,so we're going to go
somewhere else."
6
7
COMMISSIONER TALESFORE:Right.
ALAIN STABLER:Well about the same as the price
of the wine.
COMMISSIONER TALESFORE:I'm just trying to figure
10
COMMISSIONER TALESFORE:You have wonderful wine
11
12
13
14
15
there,and I understand that alcohol is a great revenue for
restaurants,but I have to ask you.You sell wine sometimes
by the glass between I'm going to guess,eight and ten
dollars?
ALAIN STABLER:Mmm-hmm (Yes).
COMMISSIONER TALESFORE:Would you be having
10
11
12
13
14
15
out how much more money you could generate selling liquor
than you do selling wine.
ALAIN STABLER:The cost of liquor is less than
the cost of wine,so if I sell at the same price,I will
generate more revenue.
COMMISSIONER TALESFORE:All right.
CHAIR BURKE:I assume it's also an issue though
16 martinis,or liquor that would make a martini,is that what
17 you're thinking?
16
17
that people want to go to a restaurant that has a full
service bar as opposed to one that only serves wine and
18 ALAIN STABLER:Well no.I would love to keep on 18 beer?
19 selling wine and do business as usual,but I cannot anymore.
clarify the standard,the way it's worded in the set of
ALAIN STABLER:Exactly.
CHAIR BURKE:And that's the real issue,not the
profit margin.
ALAIN STABLER:Yes,that's the real issue.
CHAIR BURKE:Commissioner Talesfore.
20
21
22
23
24
25
COMMISSIONER TALESFORE:But what would you be
charging for a martini?I want to see what the cost
difference is.
ALAIN STABLER:What we would like to do is to
start with a very reasonable price as a drink,just to
19
20
21
22
23
24
25
COMMISSIONER TALESFORE:Of Staff.So just to
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
5
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
6
1 conditions,I read that to mean that liquor would only be 1 CHAIR BURKE:Commissioner Kane,followed by
2 served if you were sitting at a table.Now that's not what 2 Commissioner Quintana.
you said,is that correct?COMMISSIONER KANE:From a practical standpoint,
5
4
5
RANDY TSUDA:Right.Well,this is what you can do
is that you have several different options.That if you
order a drink you need to order a meal at the bar.You can
4 Mr.Tsuda,it seems very difficult to enforce.Why have it
in there if we can't enforce it?I mean currently it's a
destination bar for wine.You can have a glass of wine at
order a drink with the intent of then subsequently being the bar,and many people do.I've been there.I was very
seated at a table,or alcohol can be served when you're confused by the language.We have a destination glass of
sitting down at your table.The intent is to keep these bar wine bar;not everybody goes in there to eat.Now we're
10
11
order a meal at the bar.
going to make it you can only have wine or liquor if you
It's a difficult one to enforce.Do we really want
to have language that may be winked at repeatedly and that
12
COMMISSIONER TALESFORE:And I would imagine that
destination unto itself.
there'S also a code as to how many people could actually be
operations that are part of a restaurant from becoming a
12
11
10
in the restaurant at anyone time.13
14 RANDY TSUDA:Right,that's regulated by the fire
13
14
we can't enforce,or can we just take out that final
sentence in Item #6,"Service of beer,wine,or liquor
15 code.
15 without meals at the existing bar is not permitted at this
to have this become just a standup bar,is that how you
16
17
COMMISSIONER TALESFORE:And so we're trying not 16
17
location?"The intent of the Town's liquor policy seems to
be embodied in the first sentence.The last sentence seems
18
19
would call it,where you can just come in and hang out
between the tables and the bar?
18
19
quite unenforceable and I don't think we need it.Your point
about alcohol being served while only meals are being served
20 is embodied in the first sentence.The last sentence seems20
21
RANDY TSUDA:Correct,and that's what's specified
in the Town's alcohol policy.That's where this whole 21 rather specific that you can't go to the bar and have a
leave the last sentence out.
22
23
24
requirement for meals being served during the hours yOU're
serving alcohol fundamentally comes from is the Town's
alcohol policy.
22
23
24
drink.
RANDY TSUDA:I have no problem if you wanted to
25
COMMISSIONER TALESFORE:Thank you.25
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
7
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
8
COMMISSIONER KANE:I couldn't hear you.You said 1 that do not have bars at all.This is a restaurant that has
2 what?a bar area.Well,the way it's been enforced,if you have a
4
RANDY TSUDA,I have no problem if the Commission
wants to delete that last sentence.I believe it still would 4
designated bar area,then we have interpreted that to be a
standalone bar as opposed to a restaurant that has no bar
be consistent with the Town's alcohol policy.area.
CHAIR BURKE,Commissioner Quintana.6
COMMISSIONER QUINTANA:So it currently has a
COMMISSIONER QUINTANA:Along that line,in other 7
standalone bar?
words what this is trying to do is say that a standalone bar RANDY TSUDA,Yes.
10
11
12
13
14
is not permitted,is that correct?
RANDY TSUDA:A standalone bar is permitted if
meals are being served and during the same period of time.
COMMISSIONER QUINTANA,So currently this
restaurant has a standalone bar?
RANDY TSUDA:Right.
COMMISSIONER QUINTANA:Okay.
10
11
12
13
14
COMMISSIONER QUINTANA,Okay.
ALAIN STABLER:And if I may add,since we
anticipate the liquor factor,we also are going to offer
appetizers at the bar for whoever wants to have a glass of
wine and food at the same time.
COMMISSIONER QUINTANA:That's not what this says.
CHAIR BURKE:Okay,we have no speakers on this.
15 RANDY TSUDA:And the alcohol policy has a
15 Oh,I need a speaker card.So I stand corrected,we do have
16 specific section entitled,"Restaurants with Standalone
16 a speaker if you want to bring the speaker card up.You will
17 Bars,"and it states ...
17 have time to rebut at the end and further questions.Please
18 COMMISSIONER QUINTANA:Okay,I think I need a 18 state your name and address for the record.
19 definition of "standalone bar,"because I assumed a 19 DEAN DEVENCINCI:My name is Deal Devencinci.I
20 standalone bar meant that you could go in and order liquor 20 live at 2384 Rupert Drive in San Jose.We own DD's Sports
liquor if you were eating a meal.
without having food,as opposed to a non-standalone bar,
there could be physically a bar,but you could only have
that there are restaurants that have wine,beer,and liquor
We've been through this before with Forbes Mill
but I just want to remind you that a bar doesn't necessarily
don't mean to belittle anybody in the Planning Commission,
Grille and we own Forbes Mill Steakhouse.
Steakhouse.I would like to,for any uneasy minds,and I
24
21
22
23
25
Yes.The way it's been enforced isRANDYTSUDA:
24
22
21
23
25
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 village Lane
9
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 village Lane
10
-----------------------
mean there's a bunch of drunks hanging out there.What I've
seen,what I've heard,being a merchant that lawn two bars
in town,is that people like to have a martini or a scotch
4 before dinner,and then they have wine with dinner.
1 percent whoever has those two martinis,or whoever the two
people are that have a martini up at the bar,are having
dinner there.The bar supports the restaurant,not the
restaurant supports the bar,so I'm here just to support our
5
10
11
12
13
14
15
16
17
Unfortunately our friends at Cafe Marcella have
kind of fallen to the backseat because most everybody else
has a liquor license and they're able to do what they're
unable to do.In my opinion I think they have the best
restaurant in town.My wife and I love to go in there,but
it's an inconvenience to got to DD's to have a cocktail
before.
So what I would like to remind everybody is that
from what I read their conditional use permit says that they
close at 10:00 o'clock.Now if it's 10:30,which is last
call,10:00 o'clock,whatever it is,a 10:00 o'clock time
does not allow people to corne in there and get drunk.It's
just not going to happen.If you're worried about the people
that are walking down the street that are going to corne in
5
10
11
12
13
14
15
16
17
friends at Cafe Marcella and just remind everybody on the
Planning Commission that just because it's a bar doesn't
mean it's a big drunk-fest.
CHAIR BURKE:Thank you.And I guess also
competition is good.Jason Farwell.
JASON FARWELL:Hi,Jason Farwell,18841 Blythwood
Drive,Los Gatos.
I've had some experience with this issue in my
time here in town and I certainly support the application.I
also concur with Mr.Kane up there regarding the
enforceability issue because this is extremely hard to
enforce.I've dealt with the issue for a number of years as
a restaurant/bar owner.
I would ask the question,because it is a little
19 venue,it's not going to happen at this wonderful
1818there,have a couple of shots,and then move onto the next unclear at this point,and my understanding of the code was
19 that in order for you to consume a drink at this type of
20
21
22
restaurant.A martini with dinner?Yes.
I agree a hundred-percent with Mr.Kane with
taking out that last sentence.It is a very gray area.If
20
21
22
establishment you'd have to have a meal with it,and it
doesn't sound to me like that's the case anymore,and I was
just wondering if I can get some clarification on that?
23 somebody wants to corne in and have a martini sitting at the 23 CHAIR BURKE:I believe Staff gave the three
24
25
bar,I think that should be allowed.They're not going to
get the young kids in there.Chances are probably ninety-
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
11
24
25
situations where you could order a drink at the bar while
waiting for a table,order a drink at the bar while you had
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
12
1 food at the bar,or have a drink at your table with your
meal.
JASON FARWELL:So exactly,we come back to the
1 could not serve at the bar unless food was being served
along with it?
JASON FARWELL:That's what was stressed to us.
5
point of enforceability,and the fact of the matter is that
you can walk into any establishment here in town under this
4 That's what I was told.
COMMISSIONER QUINTANA:I'm asking you if you
8
10
11
12
13
type of code and have a several drinks without having food.
That's really just a point I'd like to make,and the
enforceability issue here is one that I struggled with,
because I dealt with the Town on a number of occasions where
let's just say I had a number of close meetings with the
Town regarding alcohol use.Thank you.
CHAIR BURKE:Thank you.Commissioner Quintana,it
looks like you have a question or comment.
COMMISSIONER QUINTANA:You're saying from the
7
10
11
12
13
could instruct ...
JASON FARWELL:Absolutely,we certainly did have
a number of employee meetings letting them know what we
expected of them.Again,what our employees did,you know,
I'm sure that there were several drinks served without food,
as there is in every establishment here in town.That's just
a matter of fact.
COMMISSIONER QUINTANA:Thank you.
CHAIR BURKE:Commissioner Micciche.
14 standpoint of a restaurant owner,your ability to enforce
14 COMMISSIONER MICCICHE:Randy,could we put in a
15
16
that condition ...
JASON FARWELL:That condition,and also the
15
16
condition that says if a customer comes in and says,"I have
no intention of eating,"that they refuse to serve them?
17 Town's ability to enforce that condition,and how the Town 17 RANDY TSUDA:I personally would love to have that
18 would enforce that condition.Arbitrarily or ...18 expense account and monitor the situation at this
19
20 are not ...
COMMISSIONER QUINTANA:As a restaurant owner,you 19 restaurant.Let me just point out,if the Commission has
20 concerns about the existing alcohol policy,this is the
21 JASON FARWELL:I'm no longer a restaurant owner.21 Council's alcohol policy and that needs to be referred to
22
23
24
25
I fortunately got out of the business.
COMMISSIONER QUINTANA:As a previous restaurant
owner,you weren't able to instruct your employees that they
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
13
22
23
24
25
the Council.
CHAIR BURKE:Do any of the commissioners who have
their hands raised have a question of Mr.Farwell?
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
14
1 JASON FARWELL:I think yeah,the intent point is a
very good one.Thank you.
CHAIR BURKE:Thank you.Do you want to ask
positive.That's why I have no problem deleting the last
2 sentence;it simply repeats what has already been stated in
the condition,just in a different way.
4 questions of Staff now,or do you want to get a rebuttal?4 COMMISSIONER QUINTANA:Okay,so it's both the
COMMISSIONER KANE:I've got a motion.5 same.Okay.
CHAIR BURKE:Well,we still have a pUblic hearing CHAIR BURKE:Commissioner O'Donnell.
it's a fine restaurant and I agree that I think it
7
going on here.
COMMISSIONER MICCICHE:Wait until we close.8
COMMISSIONER O'DONNELL:I just want to say that
10
11
12
13
14
15
CHAIR BURKE:Yes.So I see no more speaker cards.
Would the applicant like to come back up and,I don't want
to say rebut,but do you have anything?Or does anybody?
Does the Commission have any questions of the applicant?
Seeing none,if you want to remain seated,that's fine.I'll
close the public hearing and I think people are going to
jump the gun and try to get a motion on me.But I'm going to
start at the far end.Commissioner Quintana.
10
11
12
13
14
15
(inaudible)bar would be very helpful.I think the policy
(inaudible)I read the policy (inaudible)intention of the
bar,as I think it was put,bars are to facilitate the
restaurant,not the other way around.It's not a perfect
world,but they could come in ostensibly for dinner and get
up and leave and they can't stop them,but that's not their
fault.And if they close at 10:00 or 10:30,I mean it's not
going to be that kind of bar anyway.So I think the
16 COMMISSIONER QUINTANA:This is a question of 16 conditions we've got,and I agree with Michael that we ought
17 Staff.Since once we approve a conditional use permit it
18 goes with the land,I'm assuming that the last sentence in
19 #6 is somewhat of a protection for the Town should ownership
20 change and the ambience or quality of the restaurant change
17
18
19
20
to take out that last sentence of #6,but if we do that I
think this is a fine thing to do.I would make the motion,
but I think Michael wants to.
CHAIR BURKE:Commissioner Kane,do you have a
21 to give the Town some ability of enforcement should there 21 comment,question?
22 become problems in the future?That's a question.22 COMMISSIONER KANE:I'm ready to make a motion
23 RANDY TSUDA:My read on the last sentence of that 23 when the chair is ready to receive a motion.
24
25
condition is it's just simply stating exactly what the first
sentence states,but in the negative rather than the
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
15
24
25
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
16
CHAIR BURKE:But are they losing the ability to
2 liquor in addition to beer and wine.
4 have people only at the bar to go get a glass of wine now,
4
5
CHAIR BURKE:Okay,does Commissioner Talesfore
Wish to make a comment or have a question?If not I will
turn it back to Mr.Kane to make a motion.
COMMISSIONER TALESFORE:Can I make a comment?
CHAIR BURKE:You make a comment,and I'll make a
comment,and Mr.Kane can make a motion.
1
6
RANDY TSUDA:The difference is they now can serve
where they won't be able to after this passes?That's what
I'm thinking,not standalone bar,but destination standalone
COMMISSIONER TALESFORE:This is a fine restaurant 7
bar.Or is that already a condition that they're not
10
11
12
13
14
in town.Without a reservation you really can't get in.I
loved having wine with the meal because it enhances it.It
saddens me somewhat to think that you're forced to compete
in this world and you have to offer liquor when wine with
your food is so phenomenal.I tend to think sometimes that
liquor can deaden a meal.Anyway,that being said,I would
support a motion.
COMMISSIONER MICCICHE:You can still order wine,
10
n
12
13
14
technically supposed to be doing?
RANDY TSUDA:Let me check the old condition.
Their current use permit does not have that restriction.The
use permit predates the Town's alcohol policy.
CHAIR BURKE:So basically they're giving up the
right to have somebody come in there for just a glass of
wine to get full alcohol service?
RANDY TSUDA:Right.
15 you know?
15 CHAIR BURKE:Okay,and the applicant is aware of
16 CHAIR BURKE:She will.16 -that?Okay.And as a longtime resident that saddens me,but
17 COMMISSIONER TALESFORE:Let's see,how many of 17 okay.So Mr.Kane,a motion.
18 you in here know me?18 COMMISSIONER KANE:I recommend we approve the
19 CHAIR BURKE:I want to make a question of staff 19 request,that we forward this application to the Town
20
21
just to make sure.Right now they have a permit for a
standalone bar.Assuming this gets passed,they will no
20
21
Council_with the following recommendation that we approve
the request to expand from beer and wine to full liquor
longer have a permit for a standalone?Am I misreading that?22
23
24
RANDY TSUDA:
CHAIR BURKE:
No,they still have a permit.
Oh right,and they have to serve
22
23
24
service with the findings as included in Exhibit A,and the
recommended conditions for approval in Exhibit D with Item
#6 as amended.
25
food with their standalone bar now?
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
17
25
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
18
CHAIR BURKE:Mr.Kane,I'm going to interrupt you
for a minute because I am confused based on the staff
report.Are we making a recommendation?
1 may have full liquor service,or any restaurant of a certain
2 quality may have fUll liquor service,because otherwise
they're noncompetitive with the other restaurants in town.
in Section C of the staff report is what is correct.
10
CHAIR BURKE:Okay.Thank you.
11
COMMISSIONER KANE:That's my motion.
4
5
8
12
13
RANDY TSUDA:You are making a recommendation to
the Town Council.
CHAIR BURKE:It says the action of the Planning
Commission is final unless appealed within ten days on the
staff report.Is that incorrect?It's an error?
RANDY TSUDA:It is an error.The recommendation
CHAIR BURKE:Go ahead.
COMMISSIONER KANE:That's it.
4
6
8
10
11
12
13
ORRY KORB:No doubt,and I'm assuming that that
is a policy'suggestion that you're making to Counsel?
COMMISSIONER QUINTANA:Yes,as part of forwarding
our recommendation.I don't know if that needs to be made as
part of the motion or is that just separate?
CHAIR BURKE:I don't know.Would the maker of the
motion like that to be made part of the motion?Would that
carry more weight?
RANDY TSUDA:It doesn't need to be as part of the
motion.We can simply pass the comment on to the Council.
CHAIR BURKE:Okay.Can I get a consensus on the
14 COMMISSIONER TALESFORE:And I second it.
14 comment?That way it's coming from the Commission.Is that a
15 COMMISSIONER BURKE:Before I call the question,15 consensus on that comment?
16
CHAIR BURKE:Okay,it looks like you have a
do we have any questions or discussion?commissioner
17 Quintana.
16
17
COMMISSIONER MICCICHE:It's okay with me.
18 COMMISSIONER QUINTANA:Yeah,I'm going to support 18 consensus on the comment.Okay,we have a motion,a second.
19 the motion,but I do have a question.Maybe it's a question 19 All those in favor?It's carried.
20 of Counsel.It seems like everyone of these applications 20 ORRY KORB:And there are no appeal rights because
21
22
23
24
25
that comes before us that's some existing restaurant that
has an existing standalone bar and is requesting full liquor
service has been approved.I guess my question is would it
simplify our process if we amended the alcohol policy to say
if you have an existing restaurant with a standalone bar you
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
19
21
22
23
24
25
this is a recommendation to the Town Council,which will be
hearing the application after a public notice.
LOS GATOS PLANNING COMMISSION 10/26/2005
Item #3,368 Village Lane
.20
REPORT TO:
FROM:
LOCATION:
Date:=O-=.ct=0=b=er'-'I=9'-'-,=20.;:;..;0,,-=-5
For Agenda Of:October 26,2005
Agenda Item:--=3::.-_
The Planning Commission
The Development Review Committee
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit
Application to expand from beer and wine to full liquor service (Cafe
Marcella)on property zoned C-2.APN 529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc.
DEEMED COMPLETE:October 11,2005
FINAL DATE TO TAKE ACTION:April 11,2006
FINDINGS:-As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
-As required by Section IV.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set
forth in the Town's General Plan.
-It has been determined that this project is Categorically Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
ACTION:The decision of the Planning Commission is final unless appealed within
ten days.
EXHIBITS:A.Required Findings
B.Resolution 2001-106 (4 pages)
C.Existing Conditions of Approval
D.Proposed Conditions of Approval including the modification
requested by the applicant (2 Pages)
E.Letter of Justification,received August 1,2005 (2 pages)
F.Existing Floor Plan,received August 31,2005
RECOMMENDATION
SUMMARY:Forward a recommendation to the Town Council.
A.BACKGROUND:
On July 5,1977,Conditional Use Permit Application U-77-12 was approved by the Town Council
for a restaurant at 368 Village Lane.On May 27,1981,Conditional Use Permit Application U-81-9
Attachment 5
The Planning Commission -Page 2
368 Village LanefU-06-3
October 26,2005
was approved by the Planning Commission to expand the floor area of the existing restaurant.The
approvals also allowed the restaurant to serve beer and wine with meals.Full liquor service was not
requested at that time (See Exhibit C).In the fall of 1991 Cafe Marcella opened at this location.
B.REMARKS:
The applicant is requesting approval to modify their existing Conditional Use Permit to allow an
expansion from beer and wine service to full liquor service in conjunction with meals.The applicant
states that this request is necessary due to competition from other local restaurants that have obtained
permission for full liquor service (Exhibit E).All other existing operations,including hours of
operation and seating capacity,will remain unchanged.Staff has added a condition (Exhibit D,
Condition #6)which states that service of beer,wine,and liquor at the existing bar is permitted only
with meals.
The Police Department has reviewed this proposal and believes that this is a reasonable request given
that the existing business does not have a history of complaints and is in good standing with the
Police Department.Additionally,staff has determined that this request for full liquor service
complies with the Town's Alcohol Policy and that the approval of this request will not create any
additional impacts because the existing restaurant will continue to operate in the same manner it has
for the last 14 years.
C.RECOMMENDATION:
Pursuant to the Town's Alcohol policy,this matter will be forwarded to the Town Council for final
consideration.The Commission should forward this application to the Council with the following
recommendation:
1.Approval of the request to expand from beer and wine to full liquor service with the Findings
included as Exhibit A;and
2.If the Commission has concerns with the application,it can:
a.Recommend approval of the application with modified conditions,or
b.Make the findings and recommend denial of the application.
Bud N.Lortz,Director of Community Development
Prepared by:Joel Paulson,Associate Planner
BNL:1P:mdc
cc:The Walter B Franck Support Trust,19050 Skyline Blvd.,Los Gatos,CA 95033
Cafe Marcella,Inc.,368 Village Ln.,Los Gatos,CA 95030
N:\DEV\REPORTS\200S\368Village.wpd
REQUIRED FINDINGS FOR
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit Application to expand
from beer and wine to full liquor service (Cafe Marcella)on property zoned C-2.APN
529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Pennit.
The deciding body,on the basis of the evidence submitted at the hearing,may grant a
conditional use permit when specifically authorized by the provisions of the Town Code
if it finds that:
(1)The proposed uses of the property are essential or desirable to the public
convenience or welfare;and
(2)The proposed uses will not impair the integrity and character of the zone;and
(3)The proposed uses would not be detrimental to public health,safety or general
welfare;and
(4)The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
•That the work proposed is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
•As required by Section 15301 ofthe State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N:\DEV\FINDINGS\368Village.wpd
POLICY REGULATING THE CONSUl'rfPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize public
safety;result in an increase of calls for police services and compromise the quality 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 deterniined on a case by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in close proximity to commercial districts
and still maintain the viability ofour commercial centers in which restaurants have an essential
role.,Hours of operation may be regulated.based on an establishment's proximity to
residential neighborhoods or schools,the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing..
Thedecidingbodyrnay approve a conditional useperrnit to serve alcoholic'beverages based
'onthe merits of the application and subject to the following requirements:'
II.'General policy
1.The Town shall continue to stro ngly discourage new applications for stand alone bars
or restaurants with separate bars.
2.The Town shall continue to discOUrage applications for entertainment establishments
serving alcoholic.beverages.
3.Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ar~adopted.'
4.Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
A After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,Saturday,holidays or evenings before holidays.
An existing establishment with a conditional use pe~t in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
\
.Town of Los Gatos
Alcoholic Beverage Policy .
Page 20/4
5.Any establishment serving alcoholic beverages shall be subject to the following:
A.Uniformed privately provided security guards may be required in or around
the premises by the Chief ofPoli~if alcohol related problems recur that are
not resolved by the licensed owner.
B.-At the discretion of the Chief of Police,periodic meetings will be conducted
with representatives 'from the Police Department for on:..going employee
training on alcoholic beverage service to'the general public.
C.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D.All licensed operators shall have and shall actively promote a designated
driver program suchas-compllmentary non-alcoholic beverages for designated
drivers.
E.,'Taxicab telephone numbers shall be posted in a visible location.
6.'The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past 10PM:
A.Late night service,will not adversely impact adjacent residential
neighborhoods.
B.The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C.The applicant has demonstrated a clear benefit to the community.
7.A meal is defined as a combfuation of food items selected from a menu (breakfast,
lunch or dinner).Appetizers such as .popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.'
8.Alcoholic beverage service in approved outdoor seating areas may be permitted.if
adequate separation from public areas is provided as determined by the Town
Manager.The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.'
,.
Town ofLos Gatos
Alcoholic Beverage Policy
Page 3 of4
IlL 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 1 i PM Sunday through
Thursday and until·12 midnight Friday,SatUrday,holidays and evenings before
holidays,whichever is earlier,iflate night bar·service is available.Specific hou.r~of
operation for each establishment are determined upon issuance of a conditional use
.permit.
IV.·Review Process
.1..Propos8ls for new bars .or .res-taurants with bars and allr·equests for new alcohol
service or a change to existing ·service shall be reviewed by the Pla.Tl.rllng COITuT1jssion.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
2.Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the'Community Development Department.The following process will
be followed:.
a.The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
.Permit for the location ..
b.One year following issuance of a business·license,surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
c.If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood,the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
....-e.
Tcrwn ofLos Gatos
Alcoholic Beverage Policy
Page 4 of 4
d.If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter v.rill 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 pennit if it finds that
sufficient grounds exist.
IV.Enforcement
All conditional'use pennits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.30.310(b)of the Town Code authorizing the Town Manager
to take enforcement action ifit is detennined that the sale of alcOhol has become a nuisance
to the Town's public health,safety or welfare.Enforcement ofsection29.20.310(b)of the
Town Code will be based on,but not limited to,the following factors:
1.The number and types of cal1sJor service at or near the establishment which that are
a direct:result of patrons a?tiq~;
II.The i1~ber of complamts recei~ed from residents ad other citiZens concerning the
operation of an establishment;
m.The numbet;'of arrests for alcohoL drug,disturbing the peace,fighting and public
nuisance violations associated with an establish.m:ent;
IV.The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V.Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development.The Town retains
the right of review and approval (or denial)of each project based on its merits,
.N:\DEV\SlJZ.ANNF.\Counc:il\Alcobo Po!ioy\21lO l alcobol policy.wpd
.......,,7
TOWN of LOS GATOS
Planning Department
354-6872
June 1,1981
Walter and Joan Franck
368 Village Lane
Los Gatos,California 95030
Re:Conditional Use Permit Application U-8l-9
Dear Mr.and Mrs.Franck:
On May 27,1981 the Town Planning Commission approved the above application
requesting approval of plans to expand the floor area of an existin~restaurant
located at 360-368 Village Lane,subj ect to the following condi tioris:
1.The number of seats shall not exceed 96.
2.The hours of operation are limited to the period from 11:30 a.m.to 2:30 p.m.
and 5·;30 p.m.to 10:00 p·~m.daily.
3.Three street tree wells shall be provided subject to the approval of the
Parks and.Forestry and Public Works Departments.
4.Details of the trash enclosure and its location shall be subj ect to the
approval of the·Planning Director and Fire Department.
5.Interior exit signs,panic hardware and exhaust hood and duct system fire
protection shall be installed to the satisfaction of the Fire Department.
NOTE:Pursuant to Section 5.·20.050 of the Zoning Ordinance".-this approval maybe
appealed to -the Town Council within seven (7)days of the da-te -the approval is.
.granted.Therefore"-this ac-tion for approval should not be considered final"and
no permits by the Town will be issued ~ntil the appeal period has passed..
Very truly yours,
LEE E.BOWMAN
Planning Director
LEB:pd
cc:Ms.Sharon Silver
Development Review Committee
CIVIC CENTER ~110 EAST MAIN STREET ~P.O.BOX 949 <l>LO$GATOS,CALIFI Exhibit C
RECOMMENDED CONDITIONS OF APPROVAL FOR:
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit Application to expand from
beer and wine to full liquor service (Cafe Marcella)on property zoned C-2.APN 529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit F in the report to the Planning Commission.Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission,depending on the scope of the changes.
2.LAPSE FOR DISCONTINUANCE:If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1)year the approva11apses.
3.NUMBER OF SEATS:The maximum number of seats for the restaurant shall not exceed 96.
4.HOURS OF OPERATION:Maximum hours of operation for the restaurant shall be 11:30 a.m .
.to 2:30 p.m.and 5:30 p.m.to 10:00 p.m.seven days a week.
5.ALCOHOL SERVICE:The service ofbeer,wine,and liquor for the restaurant is permitted only
with meals.A meal is defined as a combination of food items selected from a menu (breakfast,
brunch,lunch,or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.
6.EXISTING BAR:The service ofbeer,wine,and liquor at the existing bar is permitted only with
meals.A meal is defined as a combination of food items selected from a menu (breakfast,
brunch,lunch,or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.Service of beer,wine,or liquor without meals at the
existing bar is not permitted at this location.
7.LIVE ENTERTAINMENT:No live entertainment shall be provided unless the applicant receives
future approval of live entertainment.
8.TAKE OUT SERVICE:There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9.UNIFORMED SECURITY: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.
10.CONSULTATION AND TRAINING: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.
11.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California Restaurant
Association.
12.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
Exhibit D
368 Village Lane /U-06-003
October 26,2005
drivers.
13.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
14.INDEMNITY AGREEMENT.An indemnity agreement releasing the Town from any liability
associated with the trash enclosure,and stating that the right to maintain a trash enclosure on
Town property may be revoked at any time shall be signed prior to construction.
15.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.
16.ENCROACHMENT PERMIT.All work in the public right-of-way will require a Construction
Encroachment Permit.All work over $5,000 will require construction security.
17.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting any work pertaining to on-
site drainage facilities,grading or paving,and all work in the Town'sright~of..·way;Failure to
do so will result in rejection of work that went on without inspection.
18.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,themioplastic 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 the Engineering Construction Inspector before the
start of construction to verify existing conditions.
19.CONSTRUCTION NOISE.Between the 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 the property plane shall not exceed eighty-five
(85)dBA.
N:\DEV\CONDITNS\2005\368ViIIage.wpd
Letter of Justification
Cafe Marcella,Inc.
368 Village Lane"'
Los Gatos,CA 95030
408590-0901
RECElVE:D
AUG.1 2005
TOWN OF LOS GATOS
PLANNING DIVISION"
.lbis letter ofjustification pertains to our request for a change in the Use Pennit for Cafe
Marcella to allow the service of liquor on the premises.
Introduction
Cafe Marcella began in the full of 1991 as a small start up with expectations ofbecoming
an exceptional restaurant highly regarded by restaurant goers as a place for fine food,:fine
wine,neighborhood comfort,and great value,and by the town as a successful,growing
bUsiness.We have achieved most of what we had expected.However,competition has
increased significantly in Los Gatos since our inception,and we are fmding it .
increasingly difficult to compete successfully with other licensed restaurants who hold
on-preniise beer,wine,and spirit licenses."
·.When we first opened we believed that beverage consumption trends jUstified having
only an on-premise beer and wine license.However,those trends have changed
radically,and liquorconsumptio~as an aperitif or cocktail,has increased significantly.
As a resul~over the last few years we have watched our bar business erode from a
·packed bar from opening to closing to only a handful of guests who are waiting for their
table~This trend has forced us to examine our competition and to re-think.our initial.
business strategy.
.".
For us to continue as a successful member of the Los Gatos business community it has
become imperative that we obtain an on-premise license for the sale of liquor in the
Restaurant.We.are writiilg this letter ofjustification in order to obtain a change in our
·Use Permit so that we can apply to the Alcoholic Beverage Control in order to obtain that
license..
The Plan
As we already have a bar in the restaurant,we do not plan to make any changes in the
current design of the restaurant.There will be no construction or alterations which would
require a filing with the Town ofLos Gatos.The liquor selection will be a simple one
with only a few selections that 'repr~sent the quality ofthe restaurant and will require no
additional storage space in the bar ar~
Environmental Concerns
As there will be nO changes to the existing facility there will be no impact .on the
enviromilent.We will have no additional drains affecting the plumbing or any chab.ges in
the electrical corifiguration which would affect the existing wiring.
Exhibit E
55'
35'
I
o
J....-+--12·4·''--.....H
Dining Room
ALK-IN
,-----,
I....__.._....._J
I
6'x9'
-......----16·4,----.........
cafe Marcella Restaurant On Primise Beer and Wine License
41-265963
I
1--...
I 24'S"I
22'w
LkI~
I----1"""----.-
I
I
U------•
I I
I I
Pizza I I
Oven I I
I I
J
L...J
r---
1S'4
9"1-...
Bar
-19'6'
I Dining Room I
~11-----------37'--------__
Exhibit F
REPORT TO:
FROM:
LOCATION:
Date:~O~ct~o~b~er'_.:2~6~·,.::.20,:,:.;0=5
For Agenda Of:October 26,2005
Agenda Item:---'3~_
DESK ITEM
The Planning Commission
The Development Review Committee
368 Village Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit
Application to expand from beer and wine to full liquor service (Cafe
Marcella)on property zoned C-2.APN 529-04-053.
PROPERTY OWNER:The Walter B.Franck Support Trust
APPLICANT:Cafe Marcella,Inc.
EXHIBITS:
A.REMARKS:
A-F.
G.
Previously Submitted
Complete copy of Letter of Justification (2 Pages)
During photocopying of Planning Commission packet materials the second page of the applicant's
Letter of Justification was not reproduced.As a result,Exhibit G shall replace Exhibit E.
Bud N.Lortz,Director of Community Development
Prepared by:Joel Paulson,Associate Planner
BNL:JP:
N:\DEV\REPORTS\2005\368VillageDesk.wpd
Attachment 6
~!
.{'
------~._--~~-..
Letter of Justification
Cafe Marcella,Inc.
368 Village Lane"
Los Gatos,CA 95030
408590-0901
RECEtVE:D
AUG.1 2005
TOWN OF LOS GATOS
PLANNING DIVISiON'
.'This letter ofjustification pertains to om request for a change in the Use Permit for Cafe
Marcella to allow the service of liquor Qn the premises.
Introduction
Cafe Marcella began in the fii.ll of 1991 as a small start up with ex.pectations of becoming
an exceptional restaurant highly regarded by restamant goers as a place for :fine food;:fine
wine,neighborhood comfort,and gr~at value,and by the town as a successful,growing
bUsiness.We have achieved most of what we had expected.However,competition has
increased slgnificantly in Los Gatos since om inception,and we are finding it .
increasingly difficult to compete successfully with other licensed restaurants who hold
on-preniise beer,wine,and spirit licenses.'.
·.When we first opened we believed thatbeverage consumption trends justified having
·only an on-premise beer and wine license.However,those trends have changed .
radically,and liquor.consumption,as an aperitif or CQcktail,has increased significantly.
As a result,.over the last few years we have watched om bar business erode from a
·packed bar from opening to closing.to only a handful of guests who are waiting for their
.table~This trend has forced us to examine our competition and to re-think our initial.
business strategy.
For us to continue as a'successfulmemberofthe Los Gatos business community it has
become imperative that we obtain an on-premise license for the sale of liquor in the
Res1aUrant.We.are writmg this letter ofjustification in order to obtain a change in our
,Use Permit so that we can apply to the Alcoholic Beverage Control in order to obtain that
license.
The Plan
As we already have a bar in the restamant,we do not plan to make any changes in the
current design oftbe restaurant.There will be no construction or alterations which would
require a filing with the Town of Los Gatos.The liquor selection will be a simple one
with only a few selections thatrepresentthequality ofthe restaurant and will require no
additional storage space in the bar ar~a.
Environmental Concerns
As there will be :0.0 changes to the existing facility there will be no impact .on the
environment.We will have no additional drains affecting the plumbing or any chahges in
the electrical co:rifiguration which would affect the existing wiring.
Exhibit G
Hazardous Material~and Air Quality
The inclusion of liquor in our beverage selection will not create any hazardous materials
or impact the restaurant's air quality.
Conclusion .
As a long time member of the Los Gatos business community we feel it is incumbent
upon the town to grant us our request for a change in our Use Permit~As this is a simple
alteration in the Use Permit which requires no structural,plumbing,or electrical
modifications in order to make the chaliges;we see no reason why the Town ofLos
Gatos would decline to grant us this change..The granting ofthis change would give us
the ability to offer our guests what they want.In the interim our guests have found it
necessary to drink elsewhere before they come to·dine,or,even worse,to dine at an
establishtnent where they can order cocktails and spirits.
Ifwe are to contintie to succeed in this highly competitive inarketas a member of the Los
Gatos business community we need to be able to compete on an even level with:the other
restaurants.We ask that you grant us the opportunity to do just that.Please find.it in
your thoughtful jurisdiction to grant our request for this change in our Use Permit.
Sincerely,
Alain and Martine Staebler,
Proprietors Cafe Marcella
...-::::-.-_.._"........
~€i:~
~0
POLICY REGULATING THE CONSU1\1PTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize public
safety;result in an increase of calls for poUce services and compromise the quality of life for·
Tovrn residents.This policy provides parameters for alcohoUc beverage service,particularly.
addressing late nlght service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
".
The semce"of alcoholic beverages,:with or·without meals,past 10 PM is a discretionary
privilege to be determined on a case by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in close proximity to commercial districts
and still maintainthe viability ofour commercial centers in which restaurants have an essential
.role ..Hours of operation maybe 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
'onthe merits of the application and subject to the following requirements:.
IL .General policy
...
1.The Town shall continue to stro ngly discourage new applications for stand alone bars
.or restaurants with separate bars.
2.The Town shall continue to discOUrage applications for entertainment establishments
seiving alcoholic.beverages.
3.Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ar~adopted."
4.Alcoholic beverage service for new conditional use permit applicatio.ns or applications
for modification of a conditiornil 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 pe~t in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Attachment 7
\
,Tawn of Los Gatos
Alcohoiic Beverage Policy .
Page 2of4
5.Any establishment serving alcoholic beverages-shall be subject to the following:
A.Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
.not resolved by the licensed owner.
B..At the discretion of the Chief of Police,periodic meetings will be conducted
with representatives 'from the Police Department for on:.going employee
training on alcoholic beverage service to'the general public.
C.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D.All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
E.,Taxicab telephone numbers shall be pasted in a visible lo~ation.
6.'The deciding body shall make the following findings prior to approving an·application
for conditional use permit to serve alcoholic beverages past lOPM:
A.Late night service.will not adversely impact.adjacent residential
neighborhoods.
B.The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C.The applicant has demonstrated a clear benefit to the community.
7,A meal is defined as a combination offood items selected from a menu (breakfast,
lunch or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals..
8.Alcoholic beverage service in approvecl outdoor seating areas may be pennitted.if
adequate separation from public areas is provided as determined by the ToVlTl
Manager.The separation shall clearly suggest that alcohol is nat allowed outside the
restaurant seating area.
:,
-'.
Town oj Los Gatos
Alcoholic Beverage Policy
Page 3014
III.Specific Policy
1.Restaurants:-
Alcoholic beverages may only be served with meals.
2.-Restaurants With Separate-Bars:
Alcoholic beverage service is permitted in the dining area orily 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,ifhlte night bar-service is available.Spee1fi.c hour~of
operation for each establishment_are determined upon issuance ofa conditional use
_permit.--
IV.-Review Process
-1._Proposals for new bars _or _reStaurants withbars and all :r-equests for new alcohol
service or a change to existing-service shall be reviewed.by the Planrling Corrunjssion_
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 shaH be
reviewed by the'Conirnunity 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 Di.rector of Community Development becomes aware of anyalcohoi
related impacts on the surrounding neighborhood,the.Director .shall review
the operation of the business to determine whether there is a violation.of the
use permit.
Town ofLos Gatos
Alcoholic Beverage Policy
Page 4 of 4
d.If there are violations of the use pennit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Corrunission for public hearing 'pursuant to Section 29.20.3 10 of the Zoning
Ordinance.
e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
~Corrunission may revoke or modify the conditional use pennit.if it finds that
sufficient grounds exist.
N.Enforcement
All conditional'use permits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.30.310(b)of the Town Code authorizing the Town Manager
to take enfofcement action ifit is determined that the sale of alcohol has become a nuiSBllGe
to the Town's public health,safety or welfare.Enforcement of section 29.20.31O(b)ofthe
Town Code will be based on,but not limited to,the following factors:
L The number and types of eausfor service at or near the estal;llishment which that are
a direct:result of patrons actiqns;
II.The n~ber of complaints recei~ed from residents ad other citiZens Concerning the
operation of an establishment;
m.The number of arrests fOf a1coho~drug,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
IV.The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V.Violation of conditions of approval related.to alcoholic bever~e 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.