11a Staff Report - 303 N. Santa Cruz Avenue)\
DATE:
COUNCIL AGENDA REPORT
March 22,2006
MEETING DATE:4/3/06
ITEM NO.
TO:
FROM:
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANAGER
SUBJECT:CONSIDER A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE
PERMIT FOR A RESTAURANTI BAKERY (LA MAISSON DU
CROISSANT)TO INCREASE THE NUMBER OF SEATS,HOURS OF
OPERATION AND TO SERVE BEER AND WINE FOR A NEW
RESTAURANT (JAMES RANDALL)ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT APPLICATION U-06-3.PROPERTY
LOCATION:303 N.SANTA CRUZ AVENUE (APN 510·14·048).
PROPERTY OWNER:BERT ~LEN.APPLICANT:BRENDA
HAMMOND.
RECOMMENDATION:
1.Hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Approve the application.If the application is approved,the Council should make the required
findings (Attachment 1)and approve the application subject to the proposed conditions
(Attachment 2)(Motion Required).
4.Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
On November 10,1982,Conditional Use Permit (CUP)Application U-82-20 was approved by the
.Planning Commission to operate a restaurant in conjunction with a bakery at 303 N.Santa Cruz
Avenue (La Maisson Du Croissant).The approval allowed 16 seats,hours of operation from 7:30
AM to 6:00 PM,and did not allow service of alcoholic beverages.On September 11,.1985,CUP
Application U-82-20A was approved by the Planning Commission allowing outdoor seating for the
existing restaurant 1bakery on the portion of the existing sidewalk on private restaurant 1bakery on
the portion of the existing sidewalk that is located on private property.
~cTS~'.
PREPARED BY:BUD N.LO Z--
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:~Assistant Town Manager -+f+"'-
_,._.,'_Community Development
Reformatted:5/30/02
own Attorney __Clerk._~Finance
Revised:3/22/06 4:06 pm
Page 2
MAYORANDTOWNCOUNC~
SUBJECT:303 N.Santa Cruz Avenue (James Randall)
March 23,2006
DISCUSSION:
1.Project Summary
The applicant is requesting approval to modify the existing CUP to permit the following:
-.operate a quality restaurant (quality restaurant is defined in the Zoning Code);
•allow an expansion from 16 seats to 24 seats (of which 12 seats would continue to be
permitted outdoors on the existing sidewalk and/or the existing outdoor deck that are located
on private property);
•extend the hours from 7:30 AM to 6:00 PM to 7:30 AM to 10:00 PM;and
•allow beer and wine service in conjunction with meals.
Please see Exhibit E of Attachment 4 for further information regarding the applicant's
justification for the proposed modifications.
The applicant had requested approval of.up to 40 seats and has illustrated 28 seats on the floor
plan,not including any outdoor seating (Exhibit F of Attachment 4).However,the subject parcel
only has two additional parking credits in the parking district that are not being utilized.
Therefore,only a maximum of 8 additional seats can be added tothe 16 currently approved.It
should be noted that a condition has been added to require a barrier for the outdoor seating on
the existing sidewalk on private property (Condition #5 of Attachment 2).This requirement was
notpreviously included because alcohol service was not approved.
2.Planning Commission:
The Planning Commission considered this matter on March 8,2006.A copy of the verbatim
Planning Commission minutes are included as Attachment 3.Pursuant to the Town's Alcoholic
Beverage Policy (Attachment 5),the Commission forwarded the matter to Town Council and
unanimously (6-0)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 CUP (Attachment 1)and they determined that the request is consistent with the Town's
Alcohol Policy (Attachment 5).
The Commission requested that the applicant provide a site plan to the Council showing the area
where outdoor seating would be located and that the Council consider requiring the barrier for
the outdoor seating be curved rather than rectangular so the flow of the sidewalk traffic was not
adversely impacted.The applicant has provided a site plan showing a proposal to accommodate
those requests (Attachment 6).Additionally,the Commission added an additional condition to
regulate outdoor furniture.An additional condition has been added to accommodate this request,
see Attachment 2 Condition #6.
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MAYORANDTOWNCOUNC~
SUBJECT:303 N.Santa Cruz Avenue (James Randall)
March 23,2006
3.Alcohol Policy:
The Council reviews CUP requests for new alcohol service on a case by case basis.The issue
of allowing beer and wine service for a restaurant has been an issue that the Commission and
Council have carefully reviewed to ensure that the proposed restaurant is appropriate for the
proposed location.The Council reviews requests given the location,type ofrestaurant,hours
of operation,and any other additional issues associated with the proposal and to ensure that the
requests meet the requirements of the Alcohol Policy (Attachment 5).
CONCLUSION:
Staff has reviewed this proposal and believes the request to allow beer and wine service should not
create any adverse impacts.
It should be noted that if the Council approves this application and the approved quality restaurant
decides to cease operations and another restaurant type other than quality restaurant (such as high
tum over sit down or fast food)proposes to l;ltilize the existing CUP for this location a modification
of the CUP will be required.
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 March 8,
2006
2.Recommended Conditions of Approval
3.Verbatim Planning Commission minutes for the meeting of March 8,2006
4.Report to the Planning Commission dated March 1,2006 for the meeting of March 8,2006
5.Alcoholic Beverage Policy
6.Site Plan showing the location of the proposed outdoor seating
Distribution:
Bert Millen,18364 Oak Drive,Monte Sereno,CA 95030
Brenda Hammond,18131 June Court,Los Gatos,CA 95033
BNL:JP:mdc
N :\DEV\CNCLRPTS\2006\303NSC.wpd
REQUIRED FINDINGS FOR
303 N.Santa Cruz Avenue
Conditional Use Permit U-06-013
Requesting approv~l to modify a Conditional Use Permit for a restaurantlbakery (La
Maisson Du Croissant),to increase the number of seats,hours of operation and to serve
beer and wine for a new restaurant (James Randall),on property zoned C-Z_.APN 510-14-
048
PROPERTY OWNER:Bert Millen
APPLICANT:Brenda Hammond
•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:
(1)The proposed uses of the property are essential or desirable tothe 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 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N :\DEV\FINDINGS\303NSC.wpd
Attachment 1
RECOMMENDED CONDITIONS OF APPROVAL FOR:
303 N.Santa Cruz Avenue
Conditional Use Permit U-06-013
Requesting approval to modify a Conditional Use Permit for a restaurantlbakery (La Maisson
Du Croissant),to increase the number of seats,hours of operation and to serve beer and wine
for a new restaurant (James Randall),on property zoned C-2.APN 510-14-048
PROPERTY OWNER:Bert Millen
APPLICANT:Brenda Hammond
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 reportto 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 far which the Conditional Use Permit has
been granted is discontinued for a period of one (1)year the approval lapses.
3.USE:The approved use is a quality restaurant.
4.NUMBER OF SEATS:The maximum number of seats for the restaurant shall not exceed 24,
with a maximum of 12 of those seats permitted outdoors on the portion of the sidewalk on
private property and the existing deck.
5.OUTDOOR SEATING:A physical delineation shall be installed and shall be a minimum of 3
feet high,but no higher that 4 feet for outdoor seating on the portion of the sidewalk on pri vate
property,to the satisfaction of the Director of Community Development,Chief of Police,and
Director of Parks and Public Warks.
6.OUTDOOR FURNITURE:Outdoor furniture shall be of high quality in terms of materials
and appearance (Plastic furniture is not permitted).If the outdoor furniture is left outside
it must be of a quality that provides a high quality appearance.
7.HOURS OF OPERATION:Maximum hours of operation for the restaurant shall be 7:30 a.m.
to 10:00 p.m.seven days a week.
8.ALCOHOL SERVICE:The service of beer and wine for the restaurant is permitted only with
meals.A meal is defined as a combination of food items selected from a menu (breakfast,
brunch,,lunch,or dinner).Appetizers such as popcorri,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.There shall be no separate bar for the restaurant.
9.LIVE ENTERTAINMENT:No live entertainment shall be provided.
10.TAKE OUT SERVICE:There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11.UNIFORMED SECURITY:Uniformed privately provided security guards may be required in
or around the premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
12.CONSULTATION AND TRAINING:At the discretion of the Chief 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.
Attachment 2
13.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the CalifomiaRestaurant
Association.
14.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
dri~~..
15.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
N,\DEv\CONDITNS\2006\303NSC.wpd
Los Gatos Planning
Commissioners:
A P PEA RAN C E S:
Phil Micciche,Chair
John Bourgeois
D.Michael Kane
Tom O'Donnell
Lee 'Quintana
Stephen M.Rice
Joanne Talesfore
PRO C E E DIN G S:
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CHAIR MICCICHE:Item #2,303 North Santa Cruz
Avenue.Conditional Use Permit U-06-01~.Requesting
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Assistant Director of
Community Development:
Town Attorney:
Transcribed by:
Randy Tsuda
Orry Korb
Vicki L.Blandin
(510)526-6049
approval to modify a conditional use permit for a
restaurant/bakery,to increase the number of seats,hours
of operation,and to serve beer and wine for a new
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restaurant,James Randall,on property zoned Z-2.APN 510-
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14-048.Is the applicant in the audience?Would you please
hours·of operation,and to operate a quality restaurant,and
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one last point,to add a beer and wine service in
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come up and make your presentation?Excuse me one moment.
Randy,could you give us a prelude?
RANDY TSUDA:Sure.This.application is for a
restaurant entitled Restaurant James Randall.This is a
conversion of a previously approved restaurant/bakery at 303
North Santa Cruz.The appl.icant in a nutshell is proposing
to increase the number of seats from 16 to 24,to change the
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conjunction with meals.They will not have a separate bar
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operation in the restaurant.
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LOS GATOS PLANNING COMMISSION 3/8/2006
>Item #2,303 N.Santa Cruz Avenue
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One thing to note is that under the existing CUP
they are allowed to have up to 12 seats outside,and it
specifies in the private portion of the'sidewalk.We have an
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N."Santa Cruz Avenue
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if there were 12 chairs on the outside,there would be only
2 112 chairs on the inside?I don't understand that,·but I'll
wait for the applicant.I'll wait to hear more about the
business plan,because that just doesn't seem workable.I
RANDY TSUDA:It wasn't included as a condition,
but it's a standard part of the building division's plan
check process when they come through the construction plan
4 Ireview process.A standard requirement,but for
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know there's 28 chairs that were drawn on the design,which
is further confusing,but I wouldn't want to'support a
restaurant that's going to fail,and if we can do chairs on
the inside,chairs on the outside,if that's permissible-it
may not be desirable,but.if it's permissible-then you give
clarification you could add that as a specific condition
that the building division review the construction plans for
ADA compliance and to determine whether or not the cost of
the construction triggers ADA complianc~.
COMMISSIONER TALESFORE:Okay,fine.Thank you for
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clearing that up.
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the restaurant a chance for success.But a total of 24
chairs is what,based on the prior use of the .restaurant?
RANDY TSUDA:No:
COMMISSIONER KANE:It's based on the parking.
RANDY TSUDA:It's based on the parking that is
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COMMISSIONER O'DONNELL:That would be the case in
any event,isn't that correct?I mean the law would
supercede whether we say it or not.It's just that's the
law.
14 allowed.So the existing use permit allows for 16 seats,12
14 RANDY TSUDA:Regardless of what the condition
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of which can be outside.There are currently two unused
parking credits on this site,which raises it to 24 total.
COMMISSIONER KANE:Fascinating.Well let's hear
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states,the code requires the building division to do that
evaluation.
CHAIR MICCICHE:Commissioner Quintana.
18 Ifrom the applicant.18 COMMISSIONER QUINTANA:What is the trigger that
19 CHAIR MICCICHE:Are we clear?Commissioner 19 Iwould require the addition of ADA?
20 ITalesfore.20 RANDY TSUDA:I believe under the code it's 20%of
21 COMMISSIONER TALESFORE:Randy,I have a question,21 Ithe value of the current improvements,but I couldn't swear
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and that's about ADA.I was'looking through conditions,et
cetera,and I didn't see anything regarding that.Can you
please explain that to me?
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to that,but that's the number that sticks in my head.It's
a code that the building division will administer.
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1 lexhibit that we can show you that delineates what the
2 Iprivate portion of the sidewalk is.In this case the
building is no~set at the front property line,it's set
between 8'and 10'back,so there is a area that is still
RANDY TSUDA:The applicant's information states
40,and then as the Staff Report states,under the floor
plan that they submitted is 28,so there's a number of
different seat counts in the application material.But in
5 their property.
Now,if they're going get approval for the beer
Staff's analysis,the parking yields 24 seats.
COMMISSIONER QUINTANA:And so if we approve this,
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and wine service they will need to install a barrier to meet
the alcohol requirements,so that would come back to Staff
on the design and appearance and location of that.So with
that I can answer any questions.
CHAIR MICCICHE:Commissioner Quintana.
COMMISSIONER QUINTANA:You said that the
application was,for 24 seats?The applicant's letter
indicates 40.
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we're approving 24?
RANDY TSUDA:Twenty-four seats.
COMMISSIONER QUINTANA:Including the 12 on the
outside?
CHAIR MICCICHE:Total.Go ahead.
COMMISSIONER KANE:Well I can make a decision as
well as anybody else at the eleventh hour,but I had a few
days to prepare this and didn't know what the heck to do
14 CHAIR MICCICHE:Inside is 16 going to 24.Those
14 with it.I don't know if it's two,four,forty,twelve,
21 laffected which way I was leaning or my concerns or
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additional ones outside make up the 40 then.
RANDY TSUDA:Allow me to clarify.The applicant
originally requested 40.When Staff did the parking analysis
we come up with a total of 24 seats that are allowed under
the current parking code,so the commissioner is correct,
the applicant's original proposal was 40.
COMMISSIONER QUINTANA:SO it's 24,including the
12 seats outside,a total of 24?
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nine.I was there when the facility was closed and wondered
where the 40 seats were going to go,because the information
we were given is the information we were given,and the
supplemental information that I received today is that there
is 12 seats outside.So it's a little frustrating on gosh,I
wish I would have known that before because it might have
considerations.I'm not happy with this drawing,that's all
COMMISSIONER QUINTANA:But is the applicant's
proposal 40 or has the applicant changed their proposal?
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RANDY TSUDA:Right,a total of 24.23
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I'm Baying.
We haven't.heard from the applicant yet,but to
clarify again,what we think we're looking at right now is
.LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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1 COMMISSIONER QUINTANA;SO if there have been With regard to the building department,they do
2.I relatively minor improvements on the inside,it's not·likely
to trigger it.Thank you.
4 CHAIR MICCICHE;I'm going to bring up the 4
have my plans right now for the remodel of the inside,and
it is 20%on the ·ADA compliancy,so we're.working on that
with them at this time.
applicant.Did you fill out a card?
BRENDA HAMMOND:No .
5 One of the major reasons why I approached all of
you to ask for those changes to the permit is that the
then fill out a card just for the record afterwards?
BRENDA HAMMOND;.Yes.My name is Brenda Hammond,
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CHAIR MICCICHE:Would you state your name and 7
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existing bakery had been there for probably I was told about
45 to 46 years.Most of the existing eq~ipment in that
location was about 45 years old,some of it actually was,so
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and I guess I'll first address the discussion that you all
just had.And also thank you to those of you that did stop
by.That was great.I did enjoy meeting some of you and
showing you my vision for this restaurant.
The confusion over the number of seats,when I
first had my discussion with the planning department,they
were a little unclear on what the parking availability was
for this particular space,so I approached it from a
standpoint that in a perfect world 40 seats would be
awesome,but also stated and did reflect in my documentation
I provided to you that I'm willing to go with the maximum
number of seats I'm allowed to have based on parking,which
at this point,as Randy said,it was 24.So my paperwork
does indicate the 40,and I'm sorry that was confusing to
you.It's 12 outside during the summer months,and during
the winter months when the weather doesn'~permit,then it's
24 seats inside.
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basically almost everything in there needed to be replaced ..
My vision,along with my son,who is also our
chef,is not a bakery,and so when we looked at the location
it was very charming and we thought that it would be a
really good location for the kind of menu and the kind of
casual relaxed atmosphere that we want to create,along with
our fabulous menu.
So the addition of the beer and wine is something
that I wanted to address a little bit as well.It's pretty
difficult these days to find a large percentage of the
pUblic that does not enjoy a glass of wine with their
dinner.I'm going to skip forward.There are obvious reasons
why I would like to have beer and wine as part of my
service,and my number one reason obviously is the revenue.
With 24 seats it's probably not a good idea to go into that
without being able to serve beer and wine.And also
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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customers don't want to come to a restaurant where they
2 Ican't have a glass of wine.
The other thing I wanted to say too is that what
we are going to do here is to provide the community with a
really great dining experience in an atmosphere that is
very,very casual and affordable.In addition to the other
great restaurants we have in town,I think ours would be a
great addition to that and also help to create Los Gatos as
a destination for really 'great dining.
And so if you have any other questions I'm happy
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to answer them.
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CHAIR MICCICHE:Thank you.Any questions,
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Comi)1issioners?
COMMISSIONER O'DONNELL:This is curiosity on my
part.I'm quite familiar with that location;I've gone to it
myself for years.You have that porch out in front.Could
4 IYou just,so I'd know,where would the 12 people sit?I mean
Randy talked about setbacks.You've got part of what would
otherwise appear to be a sidewalk.How would you arrange,
just generally speaking,the 12 seats?'
BRENDA HAMMOND:The balcony ,itself is 7'by
approximately 10',and then the actual sidewalk,if you go
down those steps,is 9'by about 16'of space that we have
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discussed utilizing as our outdoor seating.So it's not just
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the deck that is the outdoor seating.The property line goes
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to the middle of the sidewalk,and that's kind of hard to
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COMMISSIONER BOURGEOIS:So you think you have a
viable 'business plan with 24 seats?I mean you're okay with
that?
BRENDA HAMMOND:Well,I have a lease,and so I
think that basically my plan has to be fairly flexible.If I
can't be open later to serve dinner and I can't serve beer
and wine,then I maybe would offer the best breakfast you
ever had,but that's,not my dream.I mean I understand that
I have to be able to make this work regardless of what
conditions are put on me.We love food and 'love serving the
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tell.But if you've walked through there you know that
there's the brick line that goes through the middle of the
sidewalk,and the property owner owns to the bricks.
But I also just wanted to state too that in order
to accommodate 12 seats out there,it doesn't have to go to
those bricks,and that's something also that I'm working
with the building department and also the police department
on the separation between public and private area for the
service of the beer and wine,so we have addressed that as
well.
23 community and being here.23 CHAIR MICCICHE:Commissioner Quintana.
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COMMISSIONER BOURGEOIS:Thanks.24
COMMISSIONER QUINTANA:A couple of questions.
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CHAIR MICCICHE:Commipsioner O'Donnell.25
Currently there are how many seats inside the restaurant?
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BRENDA HAMMOND:Inside right now there are 16.I
don't have any outside just because the weather is not good
1 COMMISSIONER QUINTANA:Are you going to be
storing them or are they going to stay outside all the time?
enough.BRENDA HAMMOND:No,we would store them,the
COMMISSIONER QUINTANA:I drove by yesterday and
saw an open sign and went home and immediately walked back,
but you were closed.But I was peeking through the window
and I thought that's what I had counted.You're going to be
doing interior renovations?
extra tables,and actually the seating,if it's approved,is
24 seats,so in summertime there would just be 12 outside
and they would come inside in the winter.But there's also a
full basement in that building as well.for storage of things
like umbrellas or whatever is needed at the outdoor service.
wood.
but I'm a little torn on that because I like the look of the
COMMISSIONER QUINTANA:I agree with that.Let's
COMMISSIONER QUINTANA:SO you don't plan to leave
them outside all the time?
was to do the iron,BRENDA HAMMOND:No,unless
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BRENDA HAMMOND:Only in the kitchen.
COMMISSIONER QUINTANA:SO the actual dining space
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is not going to change?
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BRENDA HAMMOND:No,it stays just like it is.
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COMMISSIONER QUINTANA:Okay.It seemed tight.I
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square footage,you actually can do probably 30 or 36 based
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BRENDA HAMMOND:I think actually based on the
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see,what other questions did I have?Well,how would you
envision splitting the 24 seats?
16 on the clearance,but we're talking about 24,and I've 16 BRENDA HAMMOND:My thought on it is that I would
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measured it out and 3'between tables.Maybe a part of it
too is that some of the tables are against walls where you
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probably have seating for four actually on the deck and then
possibly eight to ten seats down onto the sidewalk.But I
19 don't need 3'on either side.19 have to be careful with that,mainly because I don't want
20 COMMISSIONER QUINTANA:What do you envision for 20 Ithe inside of the restaurant to look too sparse either.So
the furniture for the outside?21
22 BRENDA HAMMOND:My thought is either the sort of
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I'm kind of looking at it probably being the 12 and the 12,
just for the look of it.
23 iron type of garden type furniture,or the same furniture 23 COMMISSIONER QUINTANA:Thank you.That's all for
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that we have on the inside,which is mahogany chairs and
mahogany tables.
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now.
CHAIR MICCICHE:Commissioner Talesfore.
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Item #2,303 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 3/8/2006
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COMMISSIONER TALESFORE:Hi,I came by today and
2 Ivisited.How many (inaudible)?
BRENDA HAMMONn:Well there are 16 seats,so
that's actually eight tables.
COMMISSIONER TALESFORE:There are only eight
tables?
I don't want to see it fail.So I wanted to establish that
you take more if you could get them ...
BRENDA HAMMOND:Yes.
COMMISSIONER KANE:...and then when it comes time
to ask Staff,I'd ask them how to do that if possible.
.BRENDA HAMMOND:How do we get that done,yeah.
CHAIR MICCICHE:You have one more question,
COMMISSIONER KANE:Thank you.
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BRENDA HAMMOND:And I only have tables for two,
but we push them together for groups of four.
COMMISSIONER TALESFORE:And so the other question
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BRENDA HAMMOND:Thank you.
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is,there would be no way you would consider remodeling to
allow more room inside the restaurant?You'd have to take a
little away from the kitchen area.
BRENDA HAMMOND:Well,it's not that I wouldn't
consider that,but I think from a cost standpoint for me,my
major objective right now is to add additional seats and
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Commissioner Quintana?
COMMISSIONER QUINTANA:I've forgotten what it is.
I'll remember later.
BRENDA HAMMOND:I had one thing.Do people get to
speak?I don't know in.what order we do this.It's my first
time.
15 serve beer and wine and see how the revenue goes.
15 CHAIR MICCICHE:Yeah.You speak first and then I
COMMISSIONER KANE:If you could get more seats
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COMMISSIQNER TALESFORE:That's all for now.16
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call the public up,providing they've given me a card.
BRENDA HAMMOND:Got it.Which,'I didn't do and I'm
18 Iyou would take them?i.8 sorry.
19 BRENDA HAMMOND:Yes.19 CHAIR MICCICHE:And then you will have an
20 COMMISSIONER KANE:I know a tiny restaurant 20 I opportunity to come back up and rebut at that point.So I'm
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called Crimson and I think she's got 34 seats in there,and
I think gee,that's a small place and gosh,I hope she's
making it.And you're going to be like 70%of-that,and so I
worry.I mean even if I didn't like the business,it
wouldn't matter,but if ipso facto the business is going in,
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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going to open this up to the public.Anybody wishing to
speak?I only have one card so far,and that's Kathleen
King.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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KATHLEEN KING:I'm sorry ~'m anxious.I am
2 I supposed"to be signing a loan document at 8:00 o'clock.So
Joann,it's very nice to see "you.Michael.
4 I I'm Kathleen King.I'm on the city council of
1 Idowntown almost every other week to eat,and I think this is
just a perfect opportunity to encourage a business member
who can survive well long-term in what is a very tough
economy for small downtown areas.I know you don't want too
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Saratoga.I was the mayor last year.I'm also the chair of
the Silicon Valley Children's Hospital Foundation,and over
the last five years have worked on some businesses with
Brenda,had extremely successful experiences with Brenda,
some through the Chamber of Commerce of Los Gatos.I'm very
impressed with Los Gatos Chamber of Commerce.Brenda does so
much work for that chamber,has done a lot of work for the
hospital.
As a person that spends quite a bit of time
looking at business areas,as a city we have looked all
around the Valley and we compare Los Gatos,Pleasanton and
Mountain View as three of the best run downtown areas,and I
want to tell you why.
You have a good mix of businesses,small companies
and national brands.And I would like to encourage what
Brenda is doing because it very much fits the mix of what
makes businesses run well in a downtown area from my
experience.
For example,last week we were in Pleasanton and
their model is to have many restaurants like this,small
inside,small outside,lots of outside dining.I am not a
resident of Los Gatos,but I can tell you I use Los Gatos
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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many chains,and Brenda I believe can survive with the
economy we have these days.
Casual sidewalk bistro dining is really what's
being encouraged in almost every downto~n that there is,and
if Brenda hadn't signed the lease I wouldn't be here today,
because I have tried desperately to get her to go to
Saratoga,and I could not convince her to go to Saratoga,so
I want to make sure what she's doing in Los Gatos will be
successful and I can use it.
And one small other piece is she's going to have a
Weight Watchers meal that's going to be a good meal,eight
points,and I'm really excited about that.A glass of wine,
eight-point dinner,you just can't beat that.
So personally I would encourage you to put more
seating.We have just done away with our parking ordinance
for three years as a moratorium,so we may give you a little
competition over time.Thanks for listening to a Saratoga
resident.
CHAIR MICCICHE:Do you have any questions of this
speaker?I guess not.Thank you.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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KATHLEEN KING:Michael,I'm not moving,I'm just'BRENDA HAMMOND:No.
refinancing,if anybody wants to know.I'm not starting a CHAIR MICCICHE:Commissioner Talesfore.
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story tonight.He didn't have a question for me.
COMMISSIONER KANE:The same thing I said at the
Chamber.When it comes time,how much is it going to cost
COMMISSIONER TALESFORE:I very much want to see
4 IYoU succeed as well and I want to make sure we can help you
out here:
6 for you to work for me?Thank you very much.But I'm a little concerned about the 12 seats
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KATHLEEN KING:Well right now I make about two
dollars an hour.
CHAIR MICCICHE:Once more,if anybody else would
like to speak on this item,please fill out a card and hand
it'in.
RAY DAVIS:I wasn't going to speak because it's a
little bit out of my line.Architecture,you know,is more
where I'm at normally.However,in my Citizen Ray outreach I
regularly go to city council meetings of Saratoga.I want to
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outside,especially if it takes up sidewalk space.I like
the harmony that that whole area is like,although it could
use some softening with some landscaping,but that's not the
issue tonight.So I would have real concerns about what the
outside barrier will look like if you go down on the
sidewalk.I know,before the owner put about two or three
tables,they were plastic,against the wall,and I'm not
speaking about ,the material of the tables,but against the
wall,and that'didn't really seem to be a problem at all.,
19 I judgment was impeccable.Impeccable.So I'm going to support
They just were casually placed there and they were taken in
every night,and I thought that was fine.I would rather
have that than anything permanent.
CHAIR MICCICHE:Is there a question?
COMMISSIONER TALESFORE:There's a question here.
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tell you that Mayor King fits Citizen Ray's requirement for15
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honesty and integrity to the Nth degree.My experience in
the last three or four years in appearing before the
18 ISaratoga Council and Ms.King show me quite clearly that her
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20 Iher.She's supporting the applicant.Hooray for our side.20 tI'm sorry,I'had to lead into it.The thing is that I took
21 IThank you.21 Iyour grid and I put it on here,and you could get about
22 CHAIR MICCICHE:Are there any other speakers?22 eight seats here.So here's my question:Is there a chance
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Seeing none,I will call the applicant back up for
additional questions since it doesn't appear you'll be
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you could build the deck closer this way?Does that make
sense?So you would probably encroach on the landscaping
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rebutting anything.25
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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that's there now,but I was thinking that way you could get
2 Imore of the tables up on the deck than out on the sidewalk.
BRENDA HAMMOND:I have discussed that with the
approved,then based on the·regulations from the police
department I believe,there has to be a clear separation
between the public and private because of the beer and wine.
4 Iproperty owner and he indicated that he would be willing to
work with me on that to aid financially in a remodel like
4 ISO there was never a structure or any kind of barrier put up
before because there was never any beer and wine.
6 that at some point in the future.COMMISSIONER TALESFORE:Tpank you.
As far as the separation between the public and a CHAIR MICCICHE:CommissioneD Quintana.
BRENDA HAMMOND:I just mean not attached into the
you need a bigger place,that they can be taken down.
sidewalk,so it's just not permanent.Obviously they'd be
structure,do you mean moveable in the sens~that eventually
I can roll it toward the street?I'm sorry;you didn't let
me finish.I mean eventually when you;re so successful and
When you say moveableCOMMISSIONERQUINTANA:
.8·.
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My thought was that right there at the bottom of
3'high row of planter boxes so that it would soften that up
with additional landscaping and flowering plants,and in our
the stairs,that would be the entrance to that outdoor area
p~ivate area,we .also discussed that it would be something
that isn't.permanent,something along the lines of maybe a
case herb and things like that because it's a restaurant.
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14 with some type of arch of some sort that could have,I would
14 quite heavy;they'd be full of wet dirt.
15 like to see grapevines or something,but I just envision it 15 CHAIR MICCICHE:Any other questions?
16 being a lot of additional flowering.plants along a 3'high 16 COMMISSIONER QUINTANA:I have questions of Staff.
17 Iborder that is moveable,17
18 COMMISSIONER TALESFORE:Because here's nothing
CHAIR MICCICHE:Well we'll get to that.Are we
18 I through with the applicant?Thank you.
19 Ihere to show us what that barrier looks like,it's hard to 19 BRENDA HAMMOND:Thank you.
20 lapprove something when you don't see it.20 CHAIR MICCICHE:I'm going to close the public
21 BRENDA HAMMOND:You know,it wasn't included in 21 Ihearing and open it to the commissioners for'comments,a
motion,or questions of Staff.Commissioner Quintana,you
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this as part of my presentation because I wasn't asking
really to change what was already approved on the outdoor.
It's already approved for 12 seats.And so the only thing
that really needs to be changed is if the beer and wine is
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have a question of Staff?
COMMISSIONER QUINTANA:
of Staff.
Yes,I have two questions
LOS GATOS PLANNING.COMMISSION 3/8/2006
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This is an application for a modification of the 1 My second question relates to the barrier.In
2 ICUP for the restaurant,plus to add beer and wine.Can the
Commission approve the restaurant portion and just pass the
alcohol portion as a recommendation to Council,or do we
'have to do it all as one package,a recommendation to
2 I looking at the plan over there,it seems like extending that
area onto their sidewalk does sort of interrupt the flow.So
my question is can that barrier be configured so it doesn't
appear to interrupt the flow as much.In other words,not in
Council?
CHAIR MICCICHE:You can break into two,·I 7
a rectangle perhaps on the south side at an angle,because
there are projections on the buildings'to the north side
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believe.
COMMISSIONER QUINTANA:I'm getting looks of I
that it might fit in better,so it doeEln't just look like an
arbitrary rectangle.
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don't understand from my fellow commissioners.
CHAIR MICCICHE:You're asking if you can split
the,motion into two.
COMMISSIONER QUINTANA:Exactly.Approve the
RANDY TSUDA:So you want it to be angled rather
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than perpendicular from the building,is that what you're
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saying?
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COMMISSIONER QUINTANA:Yeah,or curved,or
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restaurant.We'll have to recommend the alcohol to the
Council.
CHAIR MICCICHE:We're getting an answer,
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whatever.My question is can we make that kind of a
condition?
RANDY TSUDA:Yes.
16 Commissioner.16 CHAIR MICCICHE:Commissioner Kane.
ORRY KORB:Though it's a practical question,it's
a single application,it's a single CUP,so the CUP goes to
Council.I trust that the Council would be most concerned
with the alcohol portion of the application,but I .can't say
that they don't have the power to look at the remainder of
the application as well.And the policy is clear that it
does need to go to the Council.
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COMMISSIONER QUINTANA:For both,okay.
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COMMISSIONER KANE:Just so I have it in mind,
this is a circumstance that it's already there,and one of
the variables is the beer and wine,and although there are
strong feelings on alcohol and we do have an alcohol policy,
it's almost suicide for a restaurant in this town to try to
compete without that license,so I would probably be
supporting that if we're going to support the restaurant and
the restaurant is already there.And we do want it to be a
success.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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And I must also say in good conscience that Ms.
Hammond is a dear friend of mine and I worked very closely
with her on the board of directors of the Chamber.So having
4 Isaid that,it still goes to the fact that if we approve
1 RANDY TSUDA:Third,you could apply for a
variance.They'd have to approve why there is an
extraordinary.circumstance here,and you know how difficult
that can be.
5 something,we should have it be approved so it has a chance COMMISSIONER KANE:We can go under extraordinary
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of being successful,and if she wants up to 40 seats,that
doesn't mean she's going to use 40 seats.It would mean that
the permission to do so was there if she needed it to be a
success.
Well I think 40 seats is too much anyway,so what
I was thinking is,Mr.Tsuda,how do we play the game?How
do we go after two or three more parking credits?How do we
get an additional six to eight chairs?If I was the
applicant;what should I do?
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circumstances.Okay.I've been in on about ten or fifteen
restaurant issues in the past two-and-a-half years when I
was sitting up here,and the issue with the suspect logic on
bargaining chips and parking credits have to do with new
restaurants,as I recall,and I had a strong opinion on
that.
This is an existing condition that is there,and
I'm thinking how can we help it be a success.I don't know
if I'm as bright eyed and bushy tailed about 24 seats being
14 RANDY TSUDA:Well two things I can think of.One
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15 is that I think on various other applications we have
15 RANDY TSUDA:I might suggest that you take action
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discussed,and I think there is about 15 unused parking
credits that are floating around out there.Now the CDAC and
this commission have in the past been very skeptical about
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on the application before you tonight.This whole idea of
them purchasing additional credits,I'm not sure if they can
reach a financial agreement on that.
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21 Imodify the CUP once the business (inaudible).
19 lapproving those and transferring those parking credits,so
20 Ithat's one option.
Two is you could request that the Council ch~nge
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CHAIR MICCICHE:They can always come back,Mike.
COMMISSIONER KANE:They can always come back and
22·the parking ordinance,the parking requirements,for the 22 CHAIR MICCICHE:We can't do it tonight.
take action on this particular application.
CHAIR MICCICHE:Any other questions?
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downtown.
COMMISSIONER KANE:And short of that?
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COMMISSIONER KANE:Thank you.I would suggest you
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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COMMISSIONER BOURGEOIS:If there's no other
questions,I'll go ahead and make a motion.
CHAIR MICCICHE:By all means,please do.
COMMISSIONER.BOURGEOIS:I think I'd like that to
be a consideration,but not necessarily a condition of my
motion.
4 COMMISSIONER BOURGEOIS:I move that we forward
this to the Town Council for approval of the request to
increase the number of seats,the hours of operation,and to
serve beer and wine for the new restaurant,and make the
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who won.
CHAIR MICCICHE:Okay.Any second?
COMMISSIONER TALESFORE:I'll second.
CHAIR MICCICHE:I got three seconds.I don't know
CHAIR MICCICHE:We concede Commissioner Talesfore
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findings that based on the evidence we have heard tonight
and received in the Staff.Report that we find that the
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COMMISSIONER TALESFORE:It was me.
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conditional use permit,that the proposed uses are desirable
to the public convenience,will not impair the integrity and
character of the zone,are not detrimental to tne public
health and safety and welfare,and are in harmony with the
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has won the second.
COMMISSIONER TALESFORE:I would like a condition
on this though.Can I do that?
CHAIR MICCICHE:What's that?
13 various elements of the General Plan,that it is consistent
13 COMMISSIONER TALESFORE:I want to put a condition
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with the redevelopment plan for central Los Gatos
redevelopment project area,and is categorically exempt
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on this.
CHAIR MICCICHE:You can ask the maker of the
16 und~r Section 15301 under the state environmental 16 motion if he'd like to.
17 Iguidelines.17 COMMISSIONER TALESFORE:Would you consider a
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COMMISSIONER TALESFORE:I'll second.
CHAIR MICCICHE:Commissioner Bourgeois?
COMMISSIONER BOURGEOIS:Yes?
CHAIR MICCICHE:Would you want to add the
18 Icondition?Okay,the condition is that the,and maybe this
19 lis already in the conditions,I'm not sure,but for outside
20 \seating that the tables would be brought in,not left
21 Istacked,as I see sometimes they are at some outdoor seating
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condition that Commissioner Quintana suggested about the
curved area,not a straight area,because she did ask for
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areas in town.
CHAIR MICCICHE:You don't like Forbes Mill's
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that?If not,then fine.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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chains?Is that what you're trying to say?
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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COMMISSIONER TALESFORE:I didn't say that.Orry,
2,11 didn't say that.He did.
CHAIR MICCICHE:Go ahead,I'm sorry.You'd like
the tables to go inside at night?
CHAIR MICCICHE:The result is we're not adding it
as a condition.It appears like they're going to do that
anyway.
ORRY KORB:And I think you've given Staff an idea
COMMISSIONER TALESFORE:Yes.Otherwise they're
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going to have to be nailed down or something,I'm not sure.
Or maybe not,I don't know.Maybe not every day.
CHAIR MICCICHE:Wait a minute.We have a request.
Would the maker of the motion like to add the condition that
these tables be removed at night and brought somewhere else?
COMMISSIONER BOURGEOIS:I would not like to add
that condition.
CHAIR MICCICHE:He does not.Are you still
of your concerns regarding the design,and should Council
accept the recommendation and approve the application,then
Staff will have to work on that with ymur concerns in mind.
CHAIR MICCICHE:Okay,we hav~a motion and a
second.Are there any comments or questions?Let's start
with Commissioner Quintana and get that out of the way.
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COMMISSIONER QUINTANA:I'd like the maker of the
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motion to consider an amendment that the outdoor furniture
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be of high quality and not plastic,and that if they choose
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seconding the motion?
COMMISSIONER TALESFORE:I already did.So then
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to leave the tables outside and not to store them,that they
be a of material that is aesthetic at all times with or
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okay.
have another one,if you might accept this,that
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without tablecloths.That's too long.Staff,could you make
it shorter?
17 I we try to keep most of the seating up on the deck if 17 CHAIR MICCICHE:We get the gist.Do you want to
18 Ipossible,so that not all 12 seats are down on the sidewalk.18 ladd that as a condition,Commissioner Bourgeois?
19 II'm not sure how that will work,the 12 seats.19 COMMISSIONER BOURGEOIS:Sure.
20 COMMISSIONER BOURGEOIS:I think that the 20 COMMISSIONER TALESFORE:And I accept it as well.
21 lapplicant has already indicated that they are going to have 21 CHAIR MICCICHE:Okay.Anything else?Commissioner
22 seating as much as possible up on the deck.22 Kane.
COMMISSIONER TALESFORE:Okay,thank you.
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COMMISSIONER BOURGEOIS:So I don't know that that
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COMMISSIONER KANE:For the Town attorney.These
are my friends.Should I back off on this vote?These are my
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necessarily needs to be a condition.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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~__L ~
1 Igood friends,and I have expressed myself passionately and
2 I excessively.
ORRY KORB:Well it's probably a question that
4 ,might have been addressed earlier.
COMMISSIONER KANE;Can you not recognize
CHAIR MICCICHE:Thank you.Maker of the motion,
is it possible to add a condition that adds fried calamari?
We could call it el ducce?I don't expect you to add it.Any
4.lother questions or comments?Oh,we have another one.
COMMISSIONER QUINTANA:I would like.to request,
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progress?I got around to it.
ORRY KO~B:But given all that you have said and
t~e concerns that you are now expressing,my best advice is
not you no longer participate.
CHAIR MICCICHE:Recuse yourself.If you recuse
yourself,under our conditions you have to leave the area.
ORRY KORB:Well actually you can step down and
not participate in the vote.That would be sufficient,This
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and I don't know if .this needs to be a part of the motion or
not,but I'd like to request that when·this is forwarded to
the Council that the site plan be updat~d and accurate to
show the seats inside and the exterior seating space as
well.
CHAIR MICCICHE:Okay,done.Seeing nothing else,
I will call the motion.All those in favor?Against?Six-
zero,passes.
13 is not based on a conflict under any of the statutory rules
13 ORRY KORB:This is not an appealable decision
14 of the FPPC,so you're not required to leave the room.
14 because it is a recommendation to Council.There will be a
CHAIR MICCICHE:Commissioner Quintana.
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a concern.
COMMISSIONER KANE:I have no conflict.I just had notice of public hearing before the Town Council for anybody
interested in the application.Then of course the applicant
17 I should contact the community development department and
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COMMISSIONER QUINTANA:Thank you.I think I
should make the statement also that I did meet the applicant
socially one night and she began to talk about the
restaurant she was going to open.I asked her where it was
going to be and she told me and I said,"No more discussion.
I can't talk about it."So I just want to make you aware,
put it on the record.
LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N ..Santa Cruz Avenue
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18 lobtain information on when the hearing will be scheduled.
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LOS GATOS PLANNING COMMISSION 3/8/2006
Item #2,303 N.Santa Cruz Avenue
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REPORT TO:
FROM:
LOCATION:
Date:March 1,2006______-=..:.==~o...>_::==
For Agenda Of:M,,-,=a=rc=h~8':L...:2=0,,-,,0=6
Agenda Item:-'2==-__~
The Planning Commission
The Development Review Committee
303 N.Santa Cruz A venue
Conditional Use Permit U-06-013
Requesting approval to modify a Conditional Use Permit for a
restaurantlbakery (La Maisson Du Croissant),to increase the number of
seats,hours of operation and to serve beer and wine for a new restaurant
(James Randall),on property zoned C-2.APN 510-14-'048
PROPERTY OWNER:Bert Millen
APPLICANT:Brenda Hammond
DEEMED COMPLETE:February 28,2006
FINAL DATE TO TAKE ACTION:September 8,2006
FINDINGS:-As required 1;Jy Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
-As required by Section N.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set
forth in the Town's General Plan.
-It has been determined that this project is Categorically Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
ACTION:The decision of the Planning Commission is final unless appealed within
ten days.
EXHIBITS:A.Required Findings
B.Resolution 2001-106 (6 pages)
C.Existing Conditions of Approval
D.Proposed Conditions of Approval (2 Pages)
E.Letter of Justification,received February 6,2006 (7 pages)
F.Floor Plan
RECOMMENDATION
SUMMARY:Forward a recommendation to the Town Council.
A.BACKGROUND:
On November 10,1982,Conditional Use Permit Application U -82-20 was approved by the Planning
Commission to operate a restaurant in conjunction with a bakery at 303 N.Santa Cruz Avenue.The
approval allowed up to 16 seats,hours of-operation from 7:30 AM to 6:00 PM,and did not allow
Attachment 4
The Planning Commission -Page 3
303 N.Santa Cmz AvenuelU-06-013
March 8,2006
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.
Approved by:
Bud N.Lortz,
Director of Community Development
BNL:RT:JP:mdc
cc:Bert Millen,18364 Oak Drive,Monte Sereno,CA 95030
Brenda Hammond,18131 June Court,Los Gatos,CA 95033
N:\DEV\REPORTS\2006\303NSC.wpd
303 N.Santa Cruz Avenue
...........",·..f -',/,,,
/,'·i /
·'.f
"
REQUIRED FINDINGS FOR
303 N.Santa Cruz Avenue
Conditional Use Permit U-06-013
Requesting approval to modify a Conditional Use Permit for a restaurantlbakery (La
Maisson Du Cr-oissant),to increase the number of seats,hours of operation and to serve
beer and wine for a new restaurant (James Randall),on property zoned C-2.APN 510-14-
048
PROPERTY OWNER:Bert Millen
APPLICANT:Brenda Hammond
•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:
(1)
(2)
(3),
(4)
The proposed uses of the property are essential or desirable to the public
convenience or welfare;and
The proposed uses will not"impair the integrity and character of the zone;and
The proposed uses would not be detrimental to public health,safety or general
welfare;and
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 of the State Environmental Guidelines as adopted by the
Town that this project is Categorically Exempt.
N :\DEV\FINDINGS\303NSC.wpd
Exhibit A
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,ifnot regulated,canjeopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents;and
WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
..~uccessful Downto~and corniner~iai areas th:!oughout Los G~tos;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 here?y adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
Exhibit B
PASSED AND ADOPTED at a regular meeting of the Town Council h~ld on the 17 th day
of September,200 1,by the following vote:
COUNCIL MEMBERS:
AYES:Randy Attaway,Steven Blanton,Sandy Decker,Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:.None
SIGNED:
ATTEST:
CLERK.OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
w~.~.UYO~TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALcOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize pubFc
safety;tesuit in an increase of calls for police services and compromise the quality of life for
Town residents.This policy provides,parameters for alcoholic beverage service,particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages,with or without meals,past 10 PM is a discretionary
privilege to be determined on a 9ase by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in close proXimity to commercial districts
and still maintain the viability ofour commercial centers in which restaurants have an essential
role.Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools,the concentration of establishments in an area serving
alcoholic beverages or for other reaSons that may arise at the public hearing..
The deciding body may approve a conditional use pennit to serve alcoholic beverages based
on the merits of the application aI.1d subject to the following requirements:
.II..General policy '.
'1..The Town shan continue to strongly disCoUrage new applications for stand atone 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 permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Exhibit A
Town ofLos Gatos
Alcoholic Beverage Policy
Page 20f4
5.Any-establislunent 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 posted in a visible location.
6.The deciding body shall make the following findings prior to approving an application
for conditional use·permit to serve alcoholic beverages past lOPM:
A.Late night service will not adversely impact adjacent residential
neighborhoods.
B.The 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 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 40f4
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.pfanrung
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 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 enforcement action if it is determiiled thatthe sale of alcohol has become a nuisance
to the Town's public health,safety or welfare.Enforcement of section 29.20.31 O(b)of the
Town Code will be based on,but not limited to,the following factors:
1.The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;.
II.The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
m.Th~number of arrests for alcoho~drug,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
IV.The number and kinds of complaints received from the Stat~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\SlJZANNE\CounciMlcobol Policy\2OOlalcobol policy.wpd
Town olLos Gatos
Alcoholic Beverage Policy
Page 3 0/4
ill Specific.Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,if late night bar service is available.Specific hours of
operation for each establishinent 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 Coinrnission will make a recommendation to the Town Council and the Council
shall have final review authority.
2.Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the'Community Development Department.The following process will
be followed:
a.The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Pennit for the location.
b.One year following issuance of a business license,surrounding/impacted
property owners shall be riotified 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.
Ruptember 20, 1.985
P.LANN1:NG DEPAR-T*M•~i`IF 1081:354-6872
lln
aer t and G.loria 41W e
'M N. Santa-Cruz Avenue
l_os. rata►s, 'CA 950.30
.REw._.~K.....aat, G~u...~x~:ilue
C;and:l tiorial Ua;° Fermi.t.App' Ii.ction 1.1-82-2~A
Requestinsq -P~ermii s:i..on: to have out-door seating An conjunction with an existing
bakery and r.estaiiran•t on propert: -'in the C-2-zone.-
-OWNER." ' 'Gloria and ...Bert Millen
APPLICANT. Thuy -Duong
Dear Mr...and Mrs..Millen.
The''Town of tos Ga.to.", f'.lanning Commission., at . tt meeting of September :1.; 1988
made:the'following findi.ngs*a .required by Se tion,5.c0.21.O o•f the Zoning Ordinance
:For. the g_r-_~Lnting of a ConditionaI Use Permit.
1. The pf-oposed :use iaf the p.roPerty is desir.ab].e '.6 the Public convenience because
it ow:.eustomer.s the choice of eatirig their sandwiches or baked goods
ou.tdbors; ;
?2'h'e RrciPo -6d :-use.' ?ai'11 'not impair the -integrity.: and. char`~+cter. of thiA -zone since
i't' is-xn. a complerC'ial zone with'-si'milAkr,`a.nd compatible "uses;
'3. The* proposed. vise Wi..11 not be detrimental' to public -health,. safety or general
welfire because .t:he. condi•tiona of this permit are intended -to reduce any
unforeseen impac:t..•ofl the urr0Lriding neighborhood; and
4. The proposed. use of tttie praFErty i~ in. harrtroriy wi. tt. the.v-arious eIem~nt~s or
object1i es of the.. Gen.er•al Pl. an' and -Purposes'. of the' Zoning .ordinance."v
.the Commiss.lon approved 'Conditi.onrr ll e Permit_APP~:tcation' U-82-20Av aubjert Lo the
following (including origina.l) conditions..
I.. Total seatinq..-shall- not exceed 16, with .a max:i.mwn of 12 :of those :seats
permitted ou9:td:oor s .cm. the portion of. the. sidew•al.i< on private Property
2. Hours of dpera.t-ic~n sha'l.:l. 'be li.miLed from 7:30 a.m. to 6;00 P.-m_
3,. Alcoholic bever~.9es of -_.ny type may not, be soI.d.
it. lhi{, use is nonconforming as -to parking and if not abated Prior, to fIarch 23,
1986, shall become illegal w:i.thotft fur-Lher action of the Town Council.,
(Continued on Page 2)
Exhibit C
RECOMMENDED CONDITIONS OF APPROVAL FOR:
303 N. Santa Cruz Avenue
Conditional Use Permit U-06-013
Requesting approval to modify a Conditional Use Permit for a restaurant/bakery (La Maisson
Du Croissant), to increase the number of seats, hours of operation and to serve beer and wine
for a new restaurant (James Randall), on property zoned C-2. APN 510-14-048
PROPERTY OWNER: Bert Millen
APPLICANT: Brenda Hammond
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. USE: The approved use is a quality restaurant.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 24,
with a maximum of 12 of those seats permitted outdoors_ on the portion of the sidewalk on
private property and the existing deck.
5. OUTDOOR SEATING: A physical delineation shall be installed and shall be a minimum of 3
feet high, but no higher that 4 feet for outdoor seating on the portion of the sidewalk on private
property, to the satisfaction of the Director of Community Development, Chief of Police, and
Director of Parks and Public Works.
6. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 7:30 a.m.
to 10:00 p.m. seven days a week.
7.. ALCOHOL SERVICE: The service of beer and wine for the restaurant is permitted only with
meals. A meal is defined as a combination of food items selected from a menu (breakfast,
brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals. There shall be no separate bar for the restaurant.
8. LIVE ENTERTAINMENT: No live entertainment shall be provided.
9. TAKE OUT SERVICE: There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
10. 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.
11. CONSULTATION AND TRAINING: 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.
12. 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.
Exhibit D
13. DESIGNATED DRIVER PROGRAM: The. restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated.
drivers.
14. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
N:\DEV\C0NDITNS\2006\303NSC. wpd
RESTAURANT JAMES RANDALL 303 N. SANTA CRUZ AVENUE 408.395.4441
Town of Leos Gatos
for Moc~in a~ ~as~q
~nc~il~ionm We Permit
restaurant
jam---esranziall,
Exhibit E
KCJ 1 AUKAIV I JAIVItJ KANUALL JU3 N. JAN I A UKUL AV tIVUC 4U0.3yJ.'W'F I
restaurant jarnes randall
1) Our restaurant concept focuses on fresh high quality food. Because of.our years of
experience we understand that success comes not only from great food but also a
commitment to quality of service and the overall dining experience. Our plan is to build
an experience for our diners from the first reservation call, to the fabulous taste of the
food, to the well-trained and accommodating staff right up to the next reservation. The
restaurant location is in a vibrant area of the downtown. Our plan includes a unique
interior look that mixes the modem with old world charm. It is colorful, evokes comfort
and warmth to match our food and our staff. Come to our house for dinner!
2) The restaurant will establish its reputation with inventive food, exceptional service and
an imaginative wine list, all at a very fair price. At restaurant james randall we plan to
host monthly wine dinners featuring prestigious local vineyards such as Testarossa,
Byington, Generosa, Silver Mountain, Fleming Jensen, Byington, David Bruce, Burrell
School, and, additionally, our favorite boutique wineries from all over California. Chef
Ross Hanson and our local wine makers will assemble these dinners to show off the
wines with interesting and unpredictable foods, and together they will invent some
very creative food/wine combinations. The five-course wine dinners will. run
approximately $60 including wine, tax, and tip and will occur at least monthly. In
addition to these monthly wine and food pairing dinners our menu will have daily
pairings featuring our specials and the latest "find" from our ever-changing wine list.
We intend to demonstrate that we appreciate and celebrate the marriage of food and
wine. See the attached example of a typical menu at restaurant james randall.
" So what is the definition of a great pairing of wine and food? "When their eyes roll back in their head,
when the lights go on and you can see they've had an epiphany."
Wes Marshall- Austin Chronicle
RESTAURANT JAMES RANDALL 303 N. SANTA CRUZ AVENUE 408.395.4441
restaurant fames randall
1) The current Conditional Use Permit is dated in 1986; the previous bakery/restaurant
was approved for 16 seats including outdoor dining with operational hours from 7am
until 6pm. The second page is missing from town files.
2) La Maisson Du Croissant was a small family owned bakery and sandwich shop
started in the 1960's. The bakery was operated for over 30 years by a French pastry
chef offering the highest quality croissants in the area. During the last 10 years the
bakery changed hands several times but the concept always stayed the same. This
concept failed at this time for many reasons. Our research indicates that to be
successful at 303 N. Santa Cruz Avenue as a small bakery/sandwich shop it would
take a formula retail type food business such as Subway, Togo's or Quizno's. Many
economic factors have proven it impossible for a single location family owned
sandwich shop to succeed. Their business model needed adjusting.
" To exist is to change, to change is to mature, to mature is to go on creating oneself endlessly."
Henri Bergson
2
RESTAURANT JAMES RANDALL 303 N. SANTA CRUZ AVENUE 408.395.4441
restaurant james randall
We are requesting the following modifications to the existing Conditional Use Permit:
• Additional seating of up to 40
• Extend the hours of operation to 10pm
• Allow Wine and Beer. Sales
1) Additional Seating
After several conversations with our town planning staff they have indicated that the
parking requirements will support an additional 8 seats bringing the total to 24. In
addition, the properly owners have informed us that they feel they have. additional
allotted spaces in. order to support seating over 24. We would like the town staff and
the owners to partner with us to determine the exact number available. It seems
interesting that the existing CUP only allows for 16 seats but also allows for additional
outdoor dining. With almost 600 sq ft of indoor space and almost 300 sq ft of outdoor
space there is enough square footage to support dining for at least 50 people. The
location of the restaurant is only two blocks from the Free Public Parking lot on Hwy 9
behind Washington Mutual and only a half a block from the Free Public Parking
corridor west of N. Santa Cruz Avenue.
We'd like to maximize our dining space within the criteria set by the town. Again, this
location needs the maximum number of seats allowed in order to succeed.
2) Hours of Operation
In order to offer the town the dining experience previously described, the hours of
operation must include evenings. The highest percentage of our projected revenues
will be generated by dinner service. According to the preliminary traffic study recently
conducted by planning, the addition of the evening hours of operation will not pose
any traffic issues in the area.
3) Beer and Wine Sales
There are several reasons why we feel beer and wine service is crucial to our
restaurant. One of the reasons we are requesting permission to serve beer and wine
is because we need the revenue to survive. The percentage of consumers that enjoy
a glass of wine with dinner is substantial. Wine drinking has been proven to have
health. benefits, which has lead to an increase in consumption. The wine industry has
3
r CJINU Rh\IVI JNIVICJ f'Ch11VUNL~ ~~~iv. Jr~IVIN L.f~uL nv L~rv~ ~vv..i.i.i.-wry
done a fabulous job of educating the public about wine making, wine tasting and the
fascinating flavors and influences derived from each type of. grape. There are
countless magazines, television shows, Internet sites and industry associations all
devoted to researching, teaching and enhancing our wine tasting experiences. By de-
mystifying (removing the snob factor) wine appreciation has expanded to a larger
percentage of consumers.
Another important reason we would like to serve beer and wine with our food is
because that has been our passion for many years. We have been studying and
enjoying the ceremonial aspects of wine consumption for over 10 years. From the
appropriate glassware to determining the best bottle of wine priced under $5, we
thoroughly enjoy researching, tasting and sharing our opinions and our knowledge
with anyone who is interested. It isn't surprising that we have taken our. passion into
our business decisions. And in case you didn't know, we can create a beer and food
tasting menu that even a beer hater "might' enjoy..
We have noticed that the percentage of restaurants in town that do not serve beer
and wine is very low. Beer and wine sales can make a substantial difference 'in the
restaurant industry, which averages a 3-5% profit margin. We feel beer and wine
sales are an important factor for the success of our restaurant and would put us on
the same playing field with restaurants of the same concept.
After reviewing the Resolution 2001-106 we feel that we meet the criteria for this
approval.
1. We are not a "stand alone bar or a restaurant with a separate bar" as in
Section II -1
2. We are not an entertainment establishment per Section 11- 2 and 3
3. Our hours of operation are within the guidelines set forth in Section II - 4
4. We understand Section 5 and are willing to cooperate with the Police
Department, offer non-alcoholic beverages and promote the designated
driver program, and consistently train our staff in alcoholic beverage service.
We do not believe we will impact our residential neighbors in a negative way and we
do feel that we demonstrate a huge benefit to the community. We have had a
tremendous amount of positive reaction from the community and we promote the
essence of what downtown Los Gatos is, a walking town full of charm and unique
appeal.
The Town of Los Gatos is a great place to eat. We feel honored and fortunate to have
the opportunity to serve the community along with the other fabulous restaurants in
town. We know that the ability to see our restaurant vision come to fruition is a
privilege, not a right. We feel that our vision of a casual sidewalk bistro fits perfectly
into the existing charm of Los Gatos. We do need your help in order to compete and
succeed. Thank you for your consideration of our modification requests.
" As we express our gratitude we must never forget that the highest appreciation is not to utter words,
but to live by them." John F Kennedy
4
RESTAURANT JAMES RANDALL 303 N. SANTA CRUZ AVENUE 408.395.4441
Current Restaurant Alcohol Sales
The following informational table provides an overview of the existing restaurants in the downtown
district. The restaurants without beer and wine sales are few, and they are also breakfast/lunch cafes or
have a completely different business model from restaurant james randall.
Competitor
No Alcohol
Beer and Wine
Full Bar
Cafe Marcella
X
Manresa
X
180
X
The Wine Cellar
X
Tapestry
X
Gatti
X
Three Degrees
X
Forbes Mill
X
Thai Spice
X
Valeriano's
X
California Cafe
X
Los Gatos Brewing Company
X
Steamers
X
Andale's
X
Tandoori Oven
X
Gardino's
X
Willow Street Pizza
X
CB Hannegan's
X
Double D's
X
Medit. Shish Kebobs
X
The Green Papaya
X
Kamakura
X
Double D's
X
Main Street Burger
X
A Matter of Taste
X
Transilvania
X
*Los Gatos Cafe
X
*Southern Kitchen
X
*Gilley's
X
Round Table
X
Sushi On The Run
X
*Not open for dinner
5
jamesrandall.
Small Plates
Arugula Salad -9
w/Roasted Red and Gold Beets
goat cheese, pine nuts
Randy's Tempura Roll -10
ahi, avocado, macadamia nut, wasabi sauce
. Pan Seared Sea Scallops -11
citrus-fennel salad, and orange curry sauce
Romaine Hearts Salad -7
blue cheese, cucumber, garlic croutons
Roasted Brussels Sprouts -8
parmesan reggianno, truffle oil
Winter Mixed Greens -7
candied pecans, dried cranberries, dijon dressing
White Bean and Chorizo Soup -8
Entree's
Goat Cheese Tamales -17
three bean chili, pear tomato salsa, lime and avocado, tortilla strips
Grilled Pork Chop -21
brown butter sweet potatoes, braised chard, maple jus
Pan Roasted Sea Bass 19.50
baby bok choy, sticky rice, soy butter, and sesame seed
Stuffed Chicken Breast ---19
W/ Fontina and Basil
creamy polenta, broccoli rabe, tomato sauce
Braised Lamb Shank -22
roasted baby carrots and turnips, raisin couscous, orange gremolata
Grilled Flank Steak -21
parmesan mashed potatoes, green beans, green peppercorn sauce
This is a sample menu; our menu will change with the seasons.
FS5
i
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sin. eu.
EXISTING EXIT DOOR
xu;hw~c ~ I lv-al-,_~
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS,'the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
Attachment 5
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17`h day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None ~ 6--~
SIGNED:
YOR HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, -result in an increase of calls for police services and compromise the quality of He for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
.addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements:
11 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 1.1 PM Sunday through Thursday; except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Ezhibit A
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
Any-establistunent 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 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 l OPM:
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 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 of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III, Specific Policy
1. Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
-l. Proposals fof new bars..or.restaurants with bars and all 'requests for dew 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 of the business to determine whether there is a violation of the
use permit.
Tmvn of Las Gatos .
Alcoholic Beverage Policy
Page 4 of 4
cl. if there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.3 10 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 29.30.310(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 29.20.310(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;
II. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. . The number of arrests for alcohol, 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 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.
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