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10 Staff Report - 45 W Main StreetSUBJECT:CONSIDER A REQUEST FOR APPROVAL TO ALLOW WINE TASTING AND RETAIL WINE SALE ON PROPERTY ZONED C-2.CONLHTIONAL USE PER.i\1IT U-07-2,APN 529-01-026.PROPERTY LOCATION:45 W. MAIN STREET PROPERTY OWNER:JAY CONOVER AND JOELLA WANAMAKER APPLICANT:CLOS LACHANCE WINES &FLEMING JENKINS LLC. DATE:October 6,2006 \0 MEETING DATE:10/16/06 ITEM NO: COUNCIL AGENDA REPORT FROM:DEBRA J.FIGONE,TOWN MANAGER TO:MAYOR AND TOWN COUNCIL RECOMMENDATION: 1.Hold the public hearing and receive public testimony. 2.Close the public hearing. 3.Approve Conditional Use Permit Application U-07-2 (requires motion). 4.Refer to the Town Attorney for the preparation of the appropriate resolution. BACKGROUND: The subject property is currently a 1,312 sq.ft.retail antique store located in the C-2 Zoning District.The proposed use is a wine tasting room with retail sales of wine for off-site consumption and wine related retail products.Please see the Planning Commission Staff Report for a complete description of the project (Attachment 1). BUDN.LORT DIRECTOR OF '-''-IHU'·LVl PREP ARED BY: PROJECT SUMMARY: The applicant is requesting approval to operate ajoint wine tasting room and retail sales of wine ,for Clos LaChance Winery and Fleming Jenkins LLC.The tasting room will be the second Clos LaChance tasting roern,and the first for Fleming Jenkins LLC.The store will consist of two tasting counters,a retail sales area,and a display for information on wineries in the Santa Cruz Mountains ..The store will be operating under ABC License Type 02,which allows for a primary tasting room at the winery as well as one satellite location according to California Business'and Professions Code Section 23390.5 (b).It does not allow for on-premise consumption of alcohol other than tastings. N:'DEV\REPORTS\2006\45 w main st.doc Reviewed b"";Assistant Town Manager Clerk .·\.dministrator __Finance Town Attorney omrnunity Development PAGE 2 MA YOR AND TOWN COUNCIL SUBJECT:45 W.MAIN STREET October 10.2006 DISCUSSION: PARKING The proposed use has no additional parking impacts above the currently required number of parking spaces.The following is a table detailing the number of required and available spaces associated with the subject property: ----#'PafRingSpac'es-HeqLTirecj---#FafRirfq ·Spa·cesAVaiiaole--:--- Retail Office On-Site Parking District 12 6 4 18 ALCOHOL SERVICE There are currently 65 active on and off-site alcohol sale permits in the DowntowflArea.The applicant is proposing to offer wine tasting with one ounce pours during nQrmal hours of operation.The retail sale of alcohol will be for off-site consumption only.No on-site consumption of alcohol will be allowed,either than the amount allowed for wine tasting. PRNATE EVENTS Private events proposed include staff meetings,special new .release tastings,bottle signings, vendor presentations,and other wip.ery related business.Wine tastings may occur,but will end prior to 10:00 PM.Events are limited to one per month. HOURS OF OPERAnON . The hours of operation will be 11 :00 AM to 7:00 PM seven days a week for normal operations and 11 :00 AM to 10:00 PM for private events. TRAFFIC There will be no additional traffic impacts since the use,specialty retail,is similar to the existing use.Deliveries will occur once a week via a small truck.All other deliveries will be lighter shipments via a car. GENERAL PLAN CONFORMANCE The parcel is designated as Central Business District on the General Plan which allows for community oriented goods and services while maintaining a small town character.The following sections of the General Plan are relevant to the proposed application: -.~ PAGE 3 ~ MAYOR Ai'ID TOWN COUNCIL SUBJECT:45 W.MAIN STREET October 6,2006 L.P.I.3 -Encourage economic and social activityconsistent with a small-scale,small"town atmosphere and image. L.P.5.1 -Maintain a variety of commercial uses (a strong downtown commercial area combined with Los Gatos Blvd and ~trong neighborhood commercial centers)to meet the shopping needs of residents and to preserve the small-town atmosphere. L.G.6.2 -Preserve downtown Los Gatos as the historic center of the Town with goods and services for local residents while maintaining the existing Town identity,environment and commercial viability. PLANNING COMMISSION DISCUSSION: On September 27,2006 the Planning Commission heard public testimony and recommended approval of the Conditional Use Permit by a 6-1 vote.The following changes were made to the Conditions of Approval: •Condition #7:modified to allow retail sale of wine up to 10:00 PM for private events. •Condition #9:modified to allow the hours of operation for private events to occur from 11:00 AM to 10:00 PM. ALTERNATIVES: "The following alternative actions are available to the Town Council: 1.Concur with the Planning Commission's recommendations and approve the CUP with the conditions included as Attachment 3." 2.Modify or delete any of the proposed conditions of approval to address Council concerns. 3.Deny the Conditional Use Permit. CONCLUSION: The Town Council should review the Planning Commission's recommendation and detennine if the proposed use is consistent with the General Plan,Zoning Code,and Town's Alcohol Policy. Pursuant to the Town's Alcohol Policy,the Town Council has the authority to take final action on this application upon consideration of a recomm~ndation from the Planning Commission. ·PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT:45 W.MAIN STREET October 6.2006 ENVIRONMENT AL ASSESSMENT: The project is Categorically Exempt pursuant ,to Section 15301 of the State Environmental Guidelines as adopted by the Town. I FISCAL IMPACT:None I I ATTACHMENTS: -I-----~-----_·_--------------------------------------------------:------------------------------------------ I 1.Staff report to the Planning Commission dated September 21,2006 and Desk Item to the Planning Commission dated September 27,2006. 2.Required Findings and Considerations (1 page). 3.Recommended Conditions of Approval (1 page). 4.Letters in Support of Project dated September 28 -October 3,2006 (5 pages). 5.Verbatim Meeting Minutes from Planning Commission for September 27,2006. Distribution: Jay Conover,25 Reservoir Rd,Los Gatos,CA 95030 Joella Wanamaker,2007 University Ave,San Jose,CA 95128 Clos LaChance Wines,Inc.,Bill and Brenda Murphy,1 Hummingbird Lane,San Martin,CA 95046 Fleming Jenkins·LLC,Greg and Peggy Jenkins,300-A College Avenue,Los Gatos,CA 95030 BNLVBN n:\dev\reports\2006\45 w main st.doc REPORT TO: FROM: LOCATION: .Date:-'-"S"-'e::.t:pc:.:te''_'.m~b"'_'e"_'.r_=2'_"1_'_,=20"'-'0:.t..::=.6 For Agenda Of:September 27,2006 Agenda Item:-,:-.::...3 _ The Plarming Commission The Development Review Conunittee 45 W.Main Street Conditional Use Pennit U-07-2 Requesting approval to·allow wine tasting and retail wine sale on .~.pr_~p~~y.~()_n_e~L~~?_.__~kJ~~~J ..:_QJ ~_Q2.6 .._ PROPERTY OWNER:Jay Conover and Joella Wanamaker APPLICANT:Clos La Chance Wines,Inc &Fleming Jenkins LLC DEEMED COMPLETE:August 2,2006 FINAL DATE TO TAKE ACTION BY:February 2,2006 FINDINGS:-As required by Section 29.20.190 of the Town Code for the granting of 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 detennined that the project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. -As required by the Town's Alcohol Policy to serve alcoholic beverages past 10:00 P.M EXHIBITS:A.Required Findings (1 page) B.Recommended Conditions of Approval (1 page) C.Project Description (3 pages),received July 19,2006.. D.Justification Letter and Photos (19 pages),received July 19,2006. E.Letter with Additional Parking &Tenant Space Infonnation (2 pages),received September 7,2006. F.Building Elevation Along Main Street,received July 19,2006. G.Site Plan/Parking Plan,received July 19,2006. H.Floor Plan (3 pages),received September 7,2006. 1.Town's Alcoholic Beverage Policy,Resolution 2001-106,(4 pages). J.Letter from Sant Cruz Mountains Winegrowers Association (1 page), received September 15,2006'. K.Letter from Sallie Robbins-Dmian &Jay Dmian (two pages), received September 18,2006. L..Letters in Support of Project (15 pages),received September 19-21, 2006. RECOMMENDATION SUMMARY:Forward a recommendation to Town Council .ATIACBMENT l- The Planning Commission -Page 2 45 W.Main St.U-07-02 September 27,2006 A.BACKGROUND: The applicants,Clos LaChance Winery and Fleming Jenkins Vineyards &Winery are applying, for a Conditional Use Pem1it to operate a retail wine sales business with wine tasting 'in an existing 1,312 sq.ft.retail store (currently Antiques &Interiors of Los Gatos).The app lie ant currently operates under Alcoholic Beverage Control (ABC)License Type 02,which allows for a primary tasting room at the winery as well as one satellite location according to Califomia r---.-----~-·--~~~~~:~a:~!~t~!~~i~~-~~~~d~~~~{~Q;~~~S)~~J~~~~i~i;;;:~t~;~i~i~~~~~~~,tl2~~'~~~~~---.:-..-.- I i secondary location was previously at Cannery Row in Monterey,CA,which was closed in favor ,of moving to Los Gatos.Fleming Jenkins Winery does riot currently have a wine tasting room. I i I B.PROJECT SUMMAAY: Clos LaChance Winery and Fleming Jenkins Vineyard &Winery currently operate wineries in San Martin and the Santa Cruz Mountains,respectively.The applicants propose to open a joint retail store/tasting room at the subject property to sell Clos LaChance and Fleming Jenkins wines and wine related retail products (Exhibits C&D).In addition to the retail area,the store will have two wine tasting counters (Exhibit H).There will be no on-premise sale of alcohol as their ABC license only allows for wine tasting and off-premise sales. The following is a summary of the proposed uses and the permit required: Proposed Use Consistency with Town Code Hours of Operation:CUP Required.11 :00 AM to 5 :00 PM,seven days a week'.11:00 AM to 7:00 PM,for holiday seasons •11 :00 AM to 11 :00 PM,for special events Alcohol service during all hours of operation.CUP Required (additional findings required as part of Town's Alcohol Policy) Wine tasting bar CUP Required Retail wine sales .CUP Required Special Events including staff meetings,special CUP Required new release tastings,bottle signings,vendor presentations,and other winery related business. Wine tastings may occur at special events., !-- if- I· I 1 The Planning Commission -Page 3 45 W.Main St.U-07-02 September 27,2006 C.REMARKS 1.Hours'of Operation The applicant is proposing to operate from 11 :00 AM to 5:00,seven days a week and intends to operate later during the following occasions: "11 :00 AM to 7:00 PM for holiday seasons. ____~."__lLOD-AM.to-ll:DD.EM-for_special.ey.ents_. c ..__ The Town's Alcohol P'olicy requires the following findings for alcohol service past 10:00 PM: 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.Staff has confirmed that the current wine tasting room operated by Clos LaChance Winery in SanMartin does not have a history of code violations or complaints with"the Santa Clara County Office of Planning. C.The applicant has demonstrated a clear benefit to the community. 2.Parking The subject building consists ofretail units on the ground floor and one office unit on the second floor.The building contains 4,973 sq.ft.and requires a total of 18 parking spaces. The property is located in the Parking Assessment District and has enough District parking spaces to support the current retail and office spaces.The proposed use lS changing from specialty retail to specialty retail with an ancillary wine tasting component.There will be n9 additional impacton parking due to the change. 3.Alcohol Service Wine Tasting The applicant proposes to offer wine tasting in conjunction with the sale of retail wines for consumption off-site.The taSting will consist of five wines with one ounce pours or four wines for older vintages or smaller production wines.The areas for wine tasting are two designated counters with no proposed seating (exhibit H).The tastings will occur during all hours of operation. The applicant is proposing to operate wine tastings during special events that may occur until 11 :00 PM.The types of events include staff meetings,special new release tastings, bottle signings,vendor presentations,and other winery related business. -';:!.....'. The Planning Commission -Page 4 45 W.Main St.U-07-02 September 27,2006 Retail Alcohol Sales The Alcoholic Beverage Control's Type 02 license allows only for the sale of wines for off-site consumption.Unlike the Type 41 license that restaurants typically utilize,the applicant will not be allowed to sell alcohol for on-site consumption,except for the minimal amount associated with wine tasting.The applicant will only be selling wines fr<1m the two wineries ofClos LaChance and Fleming Jenkins Vineyards.However,the .store will display information for the various other wineries associated with the Santa-1---------~._--------------------.-_...--~'.-.-.----.-.-.-.--~--.-----..-----'-----._---~.----~.-,---..---'.--.----"---...-~-.---.--.----.----------------.-----.-~-_.--------,.----.----I Cruz Mountains Winegrowers Association. i Alcohol Service During Events I 4.Traffic There will be no additional traffic impacts.The proposed specialty retail use is replacing a previous specialty retail use. 5.General Plan Conformance The General Plan designation for the parcel is Central Bus~ness District Zone,which allows.for community oriented goods and services,while maintaining a small town character.The following sections of the General Plan are relevant to the proposed application: L.P.L3 -Encourage economic and social activity consistent with a small-scale,small town atmosphere and image. L.P.S.l -'.Maintain a variety of commercial uses (a strong downtown commercial area combined with Los Gatos Blvd and strongneighborhood commercial centers) to meet the shopping needs of residents and to preserve the small-town atmosphere. I ! I I I~ I L.P.S.2 -Encourage amix ofretail,office and professional uses in commercial areas, except in the Central Business District where retail should be emphasized. L.P.S.S -Encourage the development and retention oflocally-owned stores and shops. L.G.6.2 ~Preserve downtown Los Gatos as the historic center ofthe Town with goods and services for local residents while maintaining the existing Town identity, environment and commercial viability. The Planning Commission -Page 5 45 W.Main St.U-07-02 . September 27,2006 D.CONCLUSION: Staff finds that the proposed CUP is consistent with the Town"s Alcoholic Beverage Policy due to the following: The proposed alcohol service is for wine tasting and not for a fun alcohol service. •The proposed use does not include full alcohol service in the form of a stand alone bar or restaurant with a separate bar: -I----------------------~-.-·-The-use-dues-notinc1ude-anyentertainment-.----------------------------------------~~----~--------- Alcohol service is not proposed after 11 :00 PM. If the Commission is inclined to recommend approval of the service of alcohol past 10:00 PM as proposed,the findings listed in Exhibit A specific to late night alcohol service must be m,ade. If the Commission wishes to recommend approval for the wine tasting,it should make all the findings as stated in Exhibit A and make a recommendation to the Town Council. E.RECOMMENDATION: Pursuant to the Town's Alcohol Policy,this matter must be referred to Town Council with a recommendation from the Plaiming Commission. If the Planning Commission finds merit with the proposal,it should: 1.Make the required findings (Exhibit A), 2.Recommend approval of the application to Council,subject to conditions (Exhibit B). Ifthe Commission has concerns with the application,it can: 1.Recorrimend approval of the application to Council with additional and/or modified conditions of approval,or ·2.Recommend denial of the application. t)~~'L~ Approved ~::J Bud N.Lortz, Director of Community Development BNL:RT N:\OEY\REPORTS\2006\45 w main st.wpd 45 ~V.Main 8t REQUIRED FINDINGS FOR 45 W.Main Street Conditional Use Permit U-07-2 Requesting approval to allow wine tasting and retail wine sale on property zoned C-2.APN. 529-01-026 PROPERTY OWNER:Jay Conover and Joella Wanamaker APPLICANT:Clos La Chance Wines,Inc &Fleming Jenkins LLC FINDINGS -------------_._---------------------_.._------------_._---------------------- •As required by Section 15301 of the State Environmental Guidelines as adopted by the Town that this project is Categorically Exempt. •As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. (a)The deciding body,on the basis of the evidence submitted at the hearing,may grant a conditional use permit when specifically a1.).thorized by the provisions of the Town Code if it finds that: (1)The proposed uses of-the property are essential or desirable to the public convenience or welfare; (2)The proposed uses will not impair the integrity and character of the zone; (3)The proposed uses would not be detrimental to public health,safety or general welfare;and (4)The proposed uses of the property are in harmony with the various .elements or objectives ofthe General Plan and the purposes of the Town Code. .•That the proposed porject is consistent with the Redevelopment Plan for the Central Los Gatos RedevelOpment Project Area (Section IY.B). •As required by the Town's Alcohol Policy for alcohol service past 10:00 PM: 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.' N:\DEV\FINDINGS\45 w main.wpd Exhibit A- CONDITIONS OF APPROVAL FOR: 45 W.Main Street Conditional Use Permit U-07-2 Requesting approval to allow wine tasting and retail wine sale on property zoned C-2.APN. 529-01-026 PROPERTY OWNER:Jay Conover and Joella Wanamaker APPLICANT:Clos La Chance Wines,Inc &Fleming Jenkins LLC, TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR: (Planning Section) 1.CONDITIONS:These conditions of app~oval shall supercede all previously adopted conditions. 2.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 H 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. 3.LAPSE FOR DISCONTINUANC.E:lithe activity for which'the Conditional Use Permit has been granted is discontinued for a period of one (1)year the approval lapses. 4.USE:The approved use is a wine tasting room operated by Clos La Chance Wines,Inc and Fleming Jenkins LLC and retail store selling wines and wine-related retail products from Clos .La Chance and Fleming Jenkins wineries., 5.NUMBER OF SEATS:The maximum number of seats shall not exceed 4 seats total. 6.HOURS OF OPERATION:Hours of operation for the business shall be 11 :00 a.m.to 7:00 a~m.seven days a week. 7.WINE SALES:Retail sale of wine for off-site consumption is permitted from 11:00 AM to 7:00 PM,seven days a week. .8.WINE TASTING:Wine tasting is permitted.The maximum sample size for the tasting shall not exceed one ounce.. 9.SPECIAL EVENTS:Special events such as staffmeetings,special new release tastings,bottle signings,vendor presentations,and other winery related business are allowed.These events are limited to·once a month with hours of operation from 11 :00 Ai\1 to 11:00 PM. Entert,ainment is rrot permitted during these events. 10.PROHIBITED USES:Service of alcohol for consumption on-premises beyondthe minimum allowed for a wine tasting is not allowed. Exhibit B This letter is to outline the proposed Tasting Room to be jointly operated by the Clos LaChance Winery and the Fleming Jenkins Vineyards &Winery.The location for this facility is the Conover Building at 45 West Main Street in the Town of Los Gatos.Currently,the site is Antiques &Interiors,which intends to leave the location once the approval process for our Conditional Use Permit is completed:Other documentation submitted with our Conditional Use Permit request inc!ud~s our current int~rim.lease agreement and outlines tb.eWQ,C~~ lease we Will sign once the location IS approved for our use.RE(;t:.IV tU JUL 1 £)2006 LICENSING .TOWN OF LOS GATOSr--------·----------.---------------------------------.-----------·----PLANNING15WISIOl'J-----~----- I Unlike other operations that offer on-premise and off-premise sales of wine and I other alcoholic beverages,we will be operating under a Type 2 license issued by I the California Department of Alcohol Beverage Control (ABC).This license is i different that the standard Type 41 license required by bars,restaurants or other I businesses serving alcohol on-premise,or the typical retail license required by I businesses selling wine for off-premise consumption.The Type 2 license is an extension of our winery production license that allows us to sell our wines direct for off-premise sales and to sample'our wines on-premise.We are allowed to have one additional location outside our production facility to sample and sell our wines.Each winery will be operating on their own Type 2 license.The application for the license extension for the Los Gatos Tasting Room location will be made to coincide with the approval process of our Conditional Use Permit. It should be made clear that under the provisions of this license,we cannot sell wine for on-premise consumption by the full glass or by the bottle.We can only offer samples of wine for tasting as a tool to promote our off-premise sales.A fee is permitted for wine sampling.. SET-UP The location in question will require no structural modification to turn over the operation from the current antique furniture shop,to a wine tasting room and retail location'.,The unit currently has a large space to set up the wine tasting area,retail.and display.fixtures and information station for other wine associations and wineries in the region.In addition the back office is already set up for storage and has a restroom facility arid small utility room with the appropriate sink and plumbing for a professional dishwasher that ~ill be required for our tasting glasses. The only modifications,aside from built-in and stand-alone retail and display fixtures will be the repainting of the interior,Exterior signage for our operation would be replicated to match the dimensions of the current signage and would be submitted fOr approval to the appropriate department prior to installation. 'IIiii . I Exhibit C OPERATION The Tasting Room will offer the wines of Fleming Jenkins and Clos LaChance. No other wines will be permitted for sampling or sale under our Type 2 licenses. Other non-wine merchandise such as wine accessories,glassware,books, winery log oed clothing and other "Wine Country Lifestyle"merchandise will be offered to our customers. Wine tastings will be offered in several controlled flights.Two primary models ------------W1ir-beufiTized-forouroperafion-.Tfle--frrsns oUr-genefal-wrnefasfing,conslsling------- of five wines offered in one ounce pours.These pours will be measured to assure that we are consistent with the spirit and the rules under our licensing.A five dollar charge will be required for this tasting option.If a guest purchases a bottle of wine,the five dollar tasting fee will be returned as a discount on the purchase. The second option for tasting will be of our Limited Release (small and special production wines)and/or Library (older vintages)wines.This tasting will be a selection of four wines with one and a half ounce pours in a different shaped and sized tasting glass that will benefit these unique wines.The fee for this tasting will be ten dollars,with five dollars being given back as a discount if the customer purchases a bottle of wine. The fees for tasting are not intended as a profit mechanism for the operation,but to help offset the cost of sampling._They also serve as an incentive to purchase bottles or cases of wine,since the customer will receive all or half of their fee as a discount on the purchase.It also serves as a way to discourage those that would try to take advantage of the wine sampling opportunity. The general business hours of the Tasting Room will be limited to a daytime operation.It is our intention to be open by 11 :00 a.m.and closed between 5:00 and 7:00 p.m.based on seasonal considerations.We do plan to periodically utilize the facility in the evenings for winery related business and events.These include staff meetings and activities like special new release tastings,bottle signing events,vendor presentations,and other winery related business.If wine sampling is offered for any of these events,our Type 2 licensing rules will still apply. In addition to our tasting room and retail operation,we will have available information on the entire Santa Cruz Mountain wine growing region.We will allow,and encourage other wineries from the area to provide us with materials and maps on how to get to there wineries facilities and tasting rooms.Both Fleming Jenkins and Clos LaChance are part of several regional wine producer and grower associations and feel that the promotion of the entire Santa Cruz Mountain and Santa Clara Valley appellations will not only a benefit to our tWo wineries,but to the wine region ~s a whole.These benefrts should also extend .beyond the local wine industry and should positively impact local retailers and restaurants as well. Clos LaChance will be responsible for the daily management and training of staff for the joint Tasting Room.Clos LaChance has experience in operating tasting rooms,both at their Winery and Hospitality Center in San Martin,as well as a secondary tasting room in Monterey that was recently closed in favor of pursuing the Los Gatos location.In addition,those involved with the management and training of personnel for this Tasting Room location have been formally trained by --------------the-Court-cf-Mast-efr-So-mmeliers--and--Society-of-Wine-Edoc-ators-.--These-two ---------- .organizations help to set the professional standards for the wine service industry. We will be working with the \ITA as well as private transport and tour services to promote offering that will allow for wine tasting at not only our facility,but other tasting rooms and wineries in the area and encourage a responsible designated driver program. In conclusion,please let me reiterate the fact that our proposed operation is uniquely different than other wine tasting or wine sales venues in the downtown area.Our ABC license is more restrictive and limited than the other ABC licenses.The wine sampling we will be offering is limited to the wines we produce under our two respective labels.Wines cannot be offered or consumed by the glass or by the bottle on premise.Controlled sampling is the only option allowed in the service of selling our wines for off-premise use. The principles and staff of the Fleming Jenkins Vineyards &Winery and the Clos LaChance Winery thank you for your considerations. July 12,2006 To the Town of Los Gatos RECE~VED J!_'L l'2006 TOWN OF LOS GAiO::) PLAf\Jf\!lhIG DIVISION This letter is provide the Los Gatos Planning Commission and Town Council _r ..~informatiQDJ~lgj:edtQQl)LaPpIICg.tiQrLfor_aj~_9JldLtjQ!laL1J.§~J~§IDJit9J19...wjn9.-LL~JQ:--.__ .open a Winery Tasting Room in the downtown business district to be operated jointly by the Fleming Jenkins Vineyards &Winery and the Clos LaChance Winery.,The intended location for our business is 45 West Main Street.The following information is being submitted for your considerations during the permitting process. BACKGROUND Fleming Jenkins LLC 300-A Co//ege Avenue Los Gatos]CA 95030 Dr.Greg Jenkins and his wife,Olympic'Figure Skating Gold Medalist Peggy Fleming have lived in thehill~above Los Gatos since 1978.They have raised their.children in the community and have participated in a number of local community activities throughout the years;In 1999,they planted a small Chardonnay vineyard on their ridge top property and launched the production of their wines with the assistance of the Clos LaChance Winery in San Martin, California.Since that first vintage,Greg and Peggy have moved the winemaking for the Fleming Jenkins Vineyards &Winery closer to home and now share the Historic Novitiate Winery facility with another well known local wine producer, Testarossa Vineyards.Fleming Jenkins production includes Chardonnay,Rose', Syrah and Cabemet Sauvignon.Included in their pqrtfolio is a special bottling of a Syrah based Rose'called Victories Rose'with net profits from the sale of this wine going to support breast cancer research.Fleming Jenkins Vineyards & Winery are members of the Santa Cruz Mountains Winegrowers Association and the Viticulture Association of the Santa Cruz Mountains.Both organizations promote the unique and historic vineyards,wineries and wines of the Santa Cruz Mountains appellation.Additional background material has been included with this letter.(Please see attachments A and B), Clos LaChance Wines,Inc.. 1 Hummingbird Lane San Marlin,CA 95046 -Exhibit D ·/ In 1987,Bill and Brenda Murphy planted a small Chardonnay vineyard in their Saratoga backyard for landscaping purposes,never intending to become vintners.A few years later,the wine that they started to make for themselves and for family and friends·was in such demand,that by 1992,Clos LaChance became a commercial venture.In 1996,in order to ensure a continuing supply of quality fruit for their growing winery,Bill and Brenda started CK Vines,a vineyard management company that specialized in backyard vineyards,many established in the Santa Cruz Mountains.Bill and Brenda continued to produce their wines in rented facilities at other wineries in the Santa Cruz Mountains,including the Novitiate Winery in Los Gatos where Fleming Jenkins is currently producing their wines. As production of Clos LaChance wines grew,the Murphy's moved from --------------purcb.asiog most of thejrJruit to gro_wingJtt~ir._Qwn.__L[lJ~~~Lth~.rv11lJROYS _pJC!D!~_d .__..__ a large vineyard adjacent to the newly developed CordeValle Estates and Resort .. in San Martin,California.In 2001,they moved there winemaking operation to their new,modem winery facility on a hill above the vineyards and in the.spring of 2002,opened the Clos LaChance Winery and Hospitality Center to the public. Today,Clos LaChance produces some 60,000 cases including Viognier, Sauvignon Blanc,Grenache,Merlot;Zinfandel,Cabernet Sauvignon,Syrah,and Petite Sirah form their Estate Vineyards,and Chardonnay and Pinot.Nair from vineyards located in the Santa Cruz Mountains.The winery operation also includes their two daughters,Cheryl and Kristin.In fact,Cheryl currently serves on the Board of Directors for the Santa Cruz Mountains Winegrowers Association,helping to promote the regions wines.For further background information,please see the additional materials provided.(Please see attachments C,0,and E) LOCATION 45 West Main Street Los Gatos,CA 95030 The location we are proposing for our Tasting Room is currently the known as Antiques &Interiors operated by Ms.JoElla Wanamaker.The Conover Building, where the antique shop is located,is jointly owned by Ms.Wanamaker and her business partner Mr.Jay Conover.The antique shop is planning on moving out of the location and we currently have an interim lease to reserve the location effective July 1,2006.The antique shop will remain in the location during the approval period for our Tasting Room and will vacate upon the positive conclusion of the approval process. The terms of our lease are currently month to month until'we obtain final approval from the Town Council.Upon approval,we will be committing to a five year lease,with a five year option and intend to open within 30 to 60 days.Attached is a copy of our Interim Lease Agreement establishing our presence at the location and outlining our intent to sign a longer term lease once our operation is approved.(Please see attachment F) LICENSING The Tasting Room will feature the wines of Clos LaChance and Fleming Jenkins. We will be operated under an extension of our individual State of California Alcohol and Beverage Control Type 2 licenses.This extension of our winery licenses allows us to operate one additional Tasting Room outside our wine production facility.. The Type 2 license is different than the Type 41 license that bars and restaurants are required to have to offer on-premise alcohol sales.It is also different than the licensing required by general retailers to sell bottles of wine and other alcoholic ________~beverage§off~PIerrlis~~I]1e_terms of the Type 2 license only allows us to sample our wines in a tasting room environmenfa-ild-To--s-eli our-wln-e-s for-c)ff:.:-prerrlise-------------------- sales.Each winery will be operating under their own Type 2 license.Both wineries will have to make a public posting 30 days prior to approval of 'the license extension with the A.B.C. It should be made clear that we will not be offering sales of wines by the glass or bottles of wine for consumption on premise.The tasting room will be staffed with knowledgeable and highly trained staff.Wine sampling will be offered in controlled flights with one ounce pours.These pours will be controlled with measured pour spouts on the bottles to assure their accuracy.These practices are common to tasting room operations and provide an effective way to monitor and control the sampling consumption of our guests.It is neither our intention, nor is it permitted under our Type 2 licenses,to create a 'Wine Bar"environment. The purpose for the wine sampling is to provide our customers the ability to make an informed judgment on the wines they will be purchasing from us for their personal off-premise use. TASTING ROOM OPERATION This will be the primary tasting room location for the Fleming Jenkins Vineyards &Winery,and a secondary location for the Clos LaChance Winery.Clos LaChance plans to manage the daily operation of the facility for both wineries. Clos'LaChance has experience in operating tasting rooms as we currently have our primary Hospitality Center at our Winery facility in San Martin,and we previously had a secondary tasting room on Cannery Row in Monterey, California.The location for this operation·was in the Monterey Plaza Hotel complex at 400 Cannery Rowand was operating for 2 years.The facility was recently closed in favor of moving to the Los Gatos area.Attached are photos of the,Monterey facility to give the Planning Commission and Town Council a visLial representation of the type of facility we intend to create for the Los Gatos Tasting Room.(Please see attachments G and H) Wine tastings will be offered in several different flights.Our general wine tasting program will consist of 5 wines offered in one ounce pours.A charge of $5.00 will be required to taste,with the fee being given back as a discount if the cust~mer purchases a minimum of one bottle of wine.Our Limited Release (small lot production wines)or Library jer vintages)tasting program 'will consist of 4 wines with an ounce'and a hal.~our and a charge of $10.00.$5.00 of this fee will be given as a discount if the customer purchases a minimum of one bottle of wine.Fees for sampling wine are to discourage individuals trying to take advantage of the wine tasting opportunity and to encourages retail sales,as customers will be discounted all or a portion of their tasting fee when they purchase wines. In addition to Clos LaChance and Fleming Jenkins wines,we will be selling a variety of wine accessories and home lifestyle merchandise.Some of the products include Riedel glassware,Lagioule corkscrews and kitchen utensils, --'-'---'-"~~-'--------Nachtmarih crystalvaseSEnldS·EfNing·pieces-andGe·a.r for'Sporttlbthing'With-the---._.._-_._.._- logos of the two wineries.These items,along with others,are intended to offer our customers a taste of the Wine Country experience. Hours of operation will vary seasonally and are meant to service both the local community and the tourist trade.We plan to open daily by 11 :00 a.m.and close between 5:00 -7:00 p.m.depending on seasonal traffic.We do not have any plans to remain open for regular business through the evening hours.On occasion,we may have the facility open in the evening for special winery related events,such as new release parties,bottle sign'ings,vendor presentations and other unique and special activities..Once again,the rules of our Type 2 licenses will apply.If wine is being offered at any of these events,they will be in sampling portion only.No wines will be offered by the full glass or for open bottle consumption on premise.These events will conclude no later.than 11 :00 p.m. Along with the Fleming Jenkins and Clos LaChance brochures and materials,we will have available materials from the Santa Cruz Mountains Winegrowers Association.This will include not only the Associations maps and brochures,but flyers and brochures from the membership wineries as well.By having these materials available to our customers,our tasting room will serve as a de facto information center for the region,helping to promote not only our two wineries, but all of the wineries of the Santa Cruz Mountains. As part of policy and to assure that we are good neighbors in the community,we will be'promoting responsible consumption and encouraging the use of designated driv'er when wine tasting.We are working with local tour agencies and the VTA to promote car pooling and the use of contracted or public transportation when visiting our facility and'other wineries in the Santa'Cruz Mountains. IMPACT ON THE COMMUNITY The interest in wine and winemaking is on the rise.In the past year,wine has become the number one beverage choice for Americans,surpassing beer and sodas. ·... The Santa Cruz Mountains is one of the oldest and one of the most historical of all of Califomia's great wine regions.The famed wine writer and critic Robert Parker predicted that over the next decade,the Central Coast wineries,of which the Santa Cruz Mountains is an important participant,will become as globally renowned and recognizable as the wine regions of Napa and Sonoma.The town of Los Gatos is uniquely situated to take advantage of this opportunitY and become the gateway to the Santa Cruz Mountains winegrowing region. This trend should have a positive impact on the local business community as we ll WI:n~'T'~S~'I~~Room~att~~~~~demogr....ph;,...th ....t +r ....rl:~;o~~lly las mo~eII.II ~I 0 ~II\:J II;:)~I av~a a Iv a ~aUIU 110;I disposable income that may directly benefits local retail merchants and ---------------------------restaurants ..-Wine Tasting Rooms .also_attract .a_certainamouot Df.toudsmJrom ._~_ outside the traditional scope of the _community,exposing more people to the benefits and commercial resources that the town of Los Gatos has to offer.The potential positive impact to Los Gatos wjththe inclusion of wine tasting rooms as part of a balanced retail and restaurant business mix in the downtown district can be seen in other towns like Napa,S1.Helena and Healdsburg were the fonnula has created a win-win situation for both local merchants and the community as a -whole.- If you require additional information,please feel free to contact me directly.As the coordinator for this project,I bring with me experience as the Assistant Operations Manager for Robert Mondavi at their Golden Vine Winery project, prior to my current position as the Director of Hospitality for the Clos LaChance Winery.During my tenure with both of these organizations,I was responsible for establishing and operating tasting room facilities and creating public programs for the wineries.As a result,I have worked with a number of vendors,municipalities and regulatory agencies to make sure we operated a fully compliant,responsible and successful tasting room operation that not only benefited our respective companies,but the surrounding communities as well.For this project,I will serve as the lead-contact person to coordinate any materials that you require and make sure that the proper individuals from our respective organizations respond to your requests. The principles and staff of the Fleming Jenkins and Clos LaChance wineries thank you fo~your time and considerations. Sincerely, '---:Lt-~.--r-,/ - Rick Toyota Director of Hospitality and Wine Education Clos LaChance Winery Business Phone:(408)686-1050 x11 0 Cell Phone:(714)329-5074 Email:rick@c1os.com ATTACHMENT A r'LEM ING "J EN KIN S VINEYARDS &WINERY 300-A COLLEGE AVE. LOS GATOS.CA 95030 WWW.FLEMINGJENKINS.COM (408)358 ~4949 17 or the two of us,each botde of wine we produce is a quest to bring to full expression the fruit from our O\Vll small hillside Chardonnay vineyard and from the vineyards of a few of our friends. Ivlany years ago,enchanted by the magic of \vine,we dreamed of cultivating a vineyard and making wine .together.In 1999,we cleared land near our home in the hills above Los Gatos and planted GSU \·Lnes. And from that small start grew a deeper appreciation for Life Ln the vtneyard and a developi.ng comprehension of the winemaking process:\V'ith the help and encouragement of friends and ramll y',the c.l.ream of our oWl1winery became a reality. flcrningJmkins Vineyards &Winery produced its fu:st \vines \vib."t the 2U03 \·i.ntagc -a Chardonnay' from our hand-harvested home vineyard,a Syrah Rose and two Syrahs.Of the latter,one \I:as sourct;L! from our EriendJohn Madden's vineyard in the Livermore Valley,the other from a family owncd vineyard located near the Pacific Ocean. In the future,we plan to craft and release these wines ancl others,tn smaU quantities,from \'erY;pcc,tt vine\arcls. ATIACHMENT 8 F;J FLEMING-JENKINS VINEYARDS a:WINERY Fleming Jenkins Vineyard &Winery Thank you for your interest in Fleming Jenkins Vineyard &Winery.Many years ago, --------------------en-chantedb)7-the-magic -of-wine;-we--dre-amed-of-cultiv-ating-a-vineyard-and-making-wine-------------~- together.In 1999,we cleared land near our home in the hills above Los Gatos and planted 650 vines.And from that small start grew a deeper appreciation for life in the vineyard and a developing comprehension of the winema king process.With the help and encouragement of friends and family,the dream of our own winery became a reality. For the two of us,some of our most cherished and uplifting memories are of joyous occasions made even more special with wine,warm conversation and wonderful food. We hope that our Chardonnay,Syrah Rose'and two Syrahs made from grapes grown in our own vineyard arid those of some of our dearest friends,will become a part of your own Jreasuredcelebrations, whether large or small. Fleming Jenkins Vineyards &Winery produced its first wines with the 2003 vintage - a Chardonnay from our hand-harvested home vineyard,a Syrah Rose and two Syrahs.Of the latter,one was sourced from our friend John Madden's vineyard in the Livermore Valley,the other from a family owned Vineyard located near the Pacific Ocean.Our goal is to produce vineyard focused wines that express the personality of sites and clones, while eXhibiting the grace and finesse we admire in great Wine .. In the future!we plan to craft and release these wines and others,in small quantities, from very special Vineyards.' Winemaking &Vineyards We are a bonded winery and enjoy the privilege and camaraderie of being located alongside Testarossa Vineyards in the historic Novitiate Winery in Los Gatos.This gives us an opportunity to frequently compare notes with Testarossa Vineyards'proprietors Rob and Diana Jensen and their winemaking team.As with most of life's endeavors,we find great value and results in the sharing of knowledge and perspective. At Fleming Jenkins,our goal is the creation of exceptional wines that are reflective of the land and expressive of each vineyard's unique personality.And we have taken great care in locating exceptional single vineyard fruit sources.From bud break to bottling,we take a hands-on approach to every phase and detail in the art of winemaking.At the winery,whole clusters are hand sorted before pressing and the wines are fermented and barrel aged in their original small lots;then bottled and cellared under ideal conditions until release. Fleming ,Jen~jns 'v'lIleY3rcl 2,Winery 300-A Coli",ge ;','/8.'...:JS .Gat.os.CA 95030 c;.fj3-353-L S':!':, 'Nwvv.flemlfl::w::n f..:'l$::':;m Greg Jenkins)Wine maker The skills that helped make Greg a successful physician serve him well as a winemaker. Both professions call for an understanding of science and its application.There are deeper aspects to both endeavors that motivate him as well."Winemaking,like medicine,is a team effort that requires vision and dedication to the craft,"he says,"You can't succeed in either undertaking without a real commitment to the people involved and to the creativity and inspiration they bring." ,Over the years,while his medical career and family consumed his time,Greg's interest in wine and his desire to become a winemaker grew.When the opportunity to realize his ..-----d ream ·came,Greg.p ursuedit.literally from.the ground.up,.and-he-and.R-eggy-planted.a.------...-..- small vineyard next to their home.While the vines matured,Greg developed his winemaking skills,taking courses at U.C.Davis and seeking the counsel of established winemakers."There is both an academic and a practical side to winemaking,"he says. "You leam only by doing,while balancing the science and the art." For Greg,the long journey from wine enthusiast to winemaker has been well worth it. "There is nothing like walking through a vineyard on a warm,summer aftemoon to take away your cares.You immediately appreciate nature's gITts -the earth,the sun and,of course,the vines." Greg Jenkins Peggy Fleming Jenkins Combining poise,athleticism and artistry,Peggy won the coveted gold medal in figure skating at the 1968 Olympics in Grenoble.These same attributes have guided her life ,beyond skating and created many challenging and rewarding.opportunities.Even as her career has brought public acclaim and personal satisfaction,Peggy's true joys have been her home,her family,entertaining friends and spending time in her gardens.So when she and Greg decided to realize their dream of planting a vineyard and making their own wine,Peggy saw it as a natural extension of the things she enjoyed most, approaching the process with her signature enthusiasm and style. Peggy grew up in Morgan Hill,very near the Santa Cruz Mountains where she and Greg now make their home.Her mother and grandfather were both avid gardeners who created and tended wonderful gardens full of native flowers,plants,and many varieties of seasonal produce.Peggy inherited their passion.And for her,grape-growing is a continuation of her family's rich heritage in outdoor cultivation that has led to her g'rowing viticultural expertise. "In skating,when everything is right -technique,choreography,music and costume - a performance lifts an audience's emotions,"says Pegg'y."A wonderful wine can do the same -combining warm conversation and wonderful food with the joy of friends, blending them into the rich,festive moments that become some of our most cherished memories." Peggy Fleming Jenkins Fleming Jenkins Vineyard &Winery 300-A Coli<:;ge A'I;:;L:jS Gatos,Cf",95030 ~08-2::;2-49~SJ 'lfoNlw.f1emin';J!e:,f.1nS,GOln -, ··..3...-· --'0='•r~ b··Daa-'.'.'':;.'--•..',:",,ce ,-_..-,-... San Martin~California ATIACHMENT C ABOUT CLOS LACHANCE WINERY ..~ /...•,......:-'.- ;J"~.u+.:.__j'1' ~. .......~ -"'.~~-..., ......_=r._-~."..._~ ~.....~...........>.-----_.._-.~ .~~-{ ..,......__'-_..._1-;' .-';~",--~......~-' ~......-~.~,-"'. ,~._...,...,.::~--... ~..-¥--&..~-~_.~.....:G~~ ,4 ", :'!'-'~~i ;~\I ------------~~~----1--- :.-.-.~\',·..--et .,~;=~\ ..-....'..! TECHNICAL DATA Owners:The Murphy Family Bill,Brenda,Cheryl and Kristin· Director of Winemaking:Stephen Tebb Estate Vineyard Manager:Ben Scorsur CK Vines Vineyard Manager:Matt Read Hospitality Manager/Sommelier:Rick Toyota 2005 Case Production:45,000 Maior Varietals Produced:Sauvignon Blanc, Chardonnay,Pinol Noir,Merlot,Cabernel Sauvi- non,Merlot,Zinfandel,Syrah NOTE:SANTA CRUZ MOUNTAINS In addition to being one of the most beautiful places in California,the Santa Cruz Mountains also grows some of the state's finest grapes.The rugged topography of the region limits the size of individual vineyards.Via the CK Vines program,Clos LaChance farms approximately 25 acres of Santa Cruz Mountains fruit.' Clos LaChance supervised the installation of the vineyard arid started building a 60,000 case per year production facility and hospitality center on the 6th hole of the golf course.The production facility was completed in August 2001 and the hospitality center (tasting room and banquet facilities)opened to the public in May 2002. ,In 2000 and 2001"Clos LaChance teamed up with the O'Brien Group to plant an additional 80 acres of vineyards surrounding the homes at CordeValle Vineyard Estates,a luxury community adjacent to the CordeValle resort.Clos LaChancels expertise has been utilized to farm and maintain approximately 80 acres of Caber- net Sauvignon,Merlot ang 'Syrah vines.Clos LaChance and the residents of CordeValle Vineyard Estates welcomed the first crop of fruit during the Harvest of 20Q3. SAN MARTIN LOCATION Also in 1996,The Murphy's began to search for a permanent "home"for their growing wine business.They were introduced to the developers of a new resort called CordeValle,which is located in San Martin,CA (about 20 miles south of San Jose,40 miles north of Monterey). CK VINES In 1996,in order to ensure a continuing supply of high-quality fruit,Bill and Brenda establishedCK Vines,a vineyard maintenance and installation company specializing in "back-yard"vineyard development throughout the Santa Cruz Moun- tains appellation.CK Vines is named aher the Murphy's two daughter's,Cheryl and Kristin. HISTORY In 1987,co-owners Bill and Brenda Murphy decided to plant some Chardonnay in their Saratoga backyard.The wine was good enough that people wanted to buy it.It was at this point that Clos LaChance formed into a company.The first commercially released wines were from the 1992 vintage. The hummingbird was chosen as the winery's symbol for both its aesthetic beauty and its ability to keep other birds away from the grapes. THE NAME AND THE HUMMINGBIRD Clos LaChance takes its name from the small fenced-in area encompassing a vineyard (Clos) and from co-owner Brenda Murphy's maiden name. MISSION As part of the permitting for the CordeVaile resort Clos LaChance's mission is to provide our custom-and golf course,a certain amount of land was ers with high quality,stylistically consistent wines required ~o be planted in the historical agricu~ --·--th~t-~e;;-rese~t-the-chcira-cteri·stlcs-a -our -Est·a-te---hJrEl6ftheregion~rapeviries.----,------------· Vineyards and the Santa Cruz Mountains.We strive to capitalize on our current and future resources in the vineyards and facility,as well as provide superior value i'n the ultra premium wine segment. Current Product Line Special Selections Series Biagini Vineyard Pinot Noir Erwin Vineyard Pinot Noir Biagini Vineyard Chardonny Liebler Vineyard Chardonnay The Estate Series Estate Sauvignon Blanc Estate Viognier Estate Grenache .Estate Petite Sirah .Santa-Cruz Mountains Chardonnay ~..Santa Cruz Mountains Pinor Noir The Hummingbird Series Pink-Throated Brilliant Rose Glittering Emerald-Throated Chardo~nay -----~''"':"''~:''''~''-.---YjDlet~CJo\Noed-MeJJoL------~--------------------..\:i:&j Black-Chinned Syrah .-:;<'.~:.Buff-Bellied Zinfandel Ruby-Throated Co bernet Sauvignon ATTACHMENT 0 Clos LaChance Winery 1 Hummingbird Lane San Martin,CA 95046 Phone:(408)686-1050 Fax:(408)686-1052 email:cheryl@dos.com Web site: www.c1oslachance.com Annual Production:30,000 cases Winemaker:Stephen Tebb Winery Owners:Bill and Brenda Murphy Tastings $3 tasting fee;.;I ToLir and tasting (call ahead):$10 <, per person ~:;: Wines:Chardonnay,Cabemet ;, Sauvignon,Merlot,Nebbiolo,Pinot ~\ noir,Syrah,Zinfandel ~; 3'- Sales of wine-related items?Yes i~ Clos LaChance Wine Club Two bottles eight times a year at about $50 each shipment; 20%discount on shipments and purchases at winery; Invitations to additional events Picnics and Programs Picnic area;. VVine education events; Event site for weddings,parties, corPorate events,winemaker dinners and other events; Participates in Santa CI1J2 Mountains Winegrowers Association events ATTACHMENT E Clos LaChance Winery The Clos laChance Winery began in a garage in Saratoga and has grown into an old-world style facility with well-recognized wines."Our goal," says Cheryl Murphy Durzy,marketing director,"is to make good wine that people like to drink.' Unfortunately,Mother Nature had other plans.In 1989 the Loma Prieta earthquake hit,destroying the Murphy's first vintage.The wine was ruined by the oxidation caused when the barrels were knocked over. Ever resilient,they tried again and in 1992 delivered their first co=ercial vintage of 100 cases of Chardonnay.Clos LaChance Winery was born.The Murphys named their winery for Brenda's maiden name (LaChance)and a small fenced-in area encompassing a vineyard (Clos). The pressure to develop more land for housing for nearby Silicon Valley employees decreased the amount of land for agriculture, including vineyards.To counteract this,the Murphys created CK Vines,a company that contracted with homeowners (like former figure skater Peggy fleming)to put vines in their backyards in 1995.CK Vines .managed the vineyard and purchased the grapes,giving Clos LaChance complete control over their fruit.This creative endeavor resulted in contracts with about 20 homeowners and vineyards ranging from 1/2 acre to five acres in size. Like other sta,rt-ups.Clos laChance didn't have an actual winery at first, but relied on Roudon-Smith,Savannah- Chanelle and the Novitiate to house their growing wine business. BtU Murphy believes that It's best to "hire someone who knows how (0 do their job and let them do it:so they've relied on others to perform day-to-day wmemaking and VUleyard management. Still it is the Murphys who proV1de the vision for the style of Clos laChance wines.Their aim is to have a styllstically and varietaily consistent wine that goes· well with food and is pleasant to dnnk_ [n 1996 the Murphys felt that they needed to expand beyond their fabricated winery operation and move into a home of thelI'own.Their small "estates'weren't producmg enough Sunset ov~the Clos laChance vineyard estate wine.[n a serendipitous co=ection,they met With me owners of the planned resort and golf course of CordeValle in San Martin.As part of CordeValle's commilrnent La the community,a certam poroo"ai the land needed to be developed ~'Jr agriculture --specilically the tra,l~L..G~'-'-' agriculture of the area --grapevir,·~s. The Murphys supervised the 'i"-,e:-,,rc: plantings and influenced the deSl5:1 of the 50,OOO-case winery o...,,>::'lr.;,;. incorporating gravity-flow tecr.~'»<;::: -'. Rick Toyota hosting class on Cahiorn.a ;;a;~e:z,,:s The people of Clos laChance Winery consider the Santa Cruz Mountains one of the most important winegrowing regions in California.They invite you to visit to taste their wine,experience their tasting room and learn more about wine and its importance in life. The Murphys acknowledge,however, that for all the gadgets and wizardry, grapes grow at their own pace,rather like children,and there's only so much control one has over the vineyard. white --as well as red Rhone ':aneties_ [n addition.they have five clones of Zinfandel..AJthough still in its infancy, the vineyard promises a sIgnificant crop for future Clos laChance wines. When all is said and done though,it's about the ,,,--ine ..AJthough an advocate for Santa Cruz Mountains'fruit,Clos LaChance also gets grapes from _places that seem more suited to the particular varietal grape.For example,there is a Syrah from Paso Robles and a Zinfandel from El Dorado.The vineyard surrounding the winery in San Martin contains 22 different varieties --the main Bordeaux grapes --both red and The education extends to small group courses with such titles as "What'a Difference a Glass Makes," "The Varietals of California:and "Winemaking 101."Clos laChance's Director of Hospitality,Rick Toyota,is a genial and knowledgeable host at these events. The Murphys begin in the tasting room with an essence table.The table is laid with several goblets containing elements that provide smells similar to those you - might find in wine,for example,lemon, grass and toast.Since the nose is a critical factor of taste,the essence bar allows you to compare the elements you smell with what you taste in the wine. This enhances your vocabulary of wine. Another important component of Clos laChance is its education program. ·Only 10%of people in the United States drink 90%of the wine,"Cheryl says.Part of the reason is that wine appreciation remains a mystery to most people. Clos laChance seeks to cultivate an understanding of wine in its consumers. and small-lot fermencauon canks.The result is a stunning Mediterranean style building in the center of many acres of vineyards.Dnving down HUmmingbird Lane,you can see the namesake birds, hawks and marsh birds,as well as the occasional fox.The Murphys chose the The vineyards are managed in the hummingbird as a symbol because they safest way possible,although Clos are the only beneficial bird in a vineyard;LaChance isn't striving for an organic the rest will eat the grapes.vineyard.Perhaps one of the more Like many small winemakers,the unusual aspects of the vineyard,besides Murphys view wine as something that is its origin,is the use of technology to integral to life,including its celebrations.maintain the vineyard at an optimum Their vision for the winery included a level.Monitors throughout the vineyard facility that is available for corporate check field and soil conditions. events and weddings."Of course:Cheryl Computerized systems also measure Murphy Durzy says,·people do have .and monitor the flow of water and to understand that this .is a working fertilizers throughout the vineyard.This -----'-----------winery."-She mentioned-standing on-the ·-----information-is-fed-tocomputers--in-the------------------------------------------ plaza watching a bridal car wend its way winery so that the vineyard manager, to the winery --in the middle of a series Ben Scorsur,can take the appropriate of trucks bringing grapes to the crush actions.Bill Murphy's experience as a pad for processing at harvest timel top executive in the tech industry has contributed to the impressive use of technology in the vineyard. Reprinted from Mountain Vines,Mountain 1Nines -Exploring the wtneries of the Santa Cruz Mountains ©2003-4 Casey Young -Photography ,~2003-4 Ken Dawes To obtain copies of Mountain Vines,Mountain ',Vines please vlsit"www.mountainvinespub.com CONOVER BlTILDING 25 Reservoir Road Los Gatos,California 95030 (408)354-2755 INTERIM LEASE AGREEMENT July 1,2006 ATIACHMENT F The 'following agreement serves as an Interim Lease Agreement between Bill and Brenda Murphy,dba Clos LaChance Wines,Inc.and Greg and Peggy Jenkins,dba F1emingkn.k,iq~_l,LC,_ -in order-to identify -and-declare -the premises situatedin-tbe -TowllofLos Gatos,County of Santa Clara,State of California described as 45 West Main Street consisting of approximately 1312 square feet of retail space as their place of business pending necessary approvals to do business by the Town of Los Gatos and the State of California. Lessors: Lessees: Contact Person: Premises: Jay Conover 25 Reservoir Road Los Gatos,CA 95030 (408)354-2755 JoElla Wanamaker, 2007 University A venue San Jose,CA 95128 (408)244-2730 . Bill and Brenda Murphy,dba Clos laChance Wines,Inc. 1 Hummingbird Lane San Martin,CA 95046 (408)686-1050 Greg and Peggy Jenkins,dba Fleming Jenkins LLC 300-ACollege Avenue Los Gatos,CA 95030 (408)358-4949 Rick Toyota,Director of Hospitality Clos LaChance Winery 1 Hummingbird Lane San Martin,CA 95046 (408)686-1050 Winery Office --(714)329-5074 Cell Phone Conover Building 45 West Main S-treet Los Gatos,CA 95030 Page 1 of2 Dated: "-7',//.c:J (;,Dated:. Dated:7-1?-~6 Dated:7-1?{)~ ::CONOVER BUILDL"iG 25 Reservoir Road Los Gatos,California 95030 .(408)354-2755 . c)A two month security deposit will be required. b)The rent will be $5,118.00 per month,adjusted on January fIrst of each yearin accordance with the U.S.Consumer Price Index .for All Urban Consumers.The rent will be inclusive of all ordinary triple net expenses. Page 20f2 ,'\ntiques &Interiors may continue to occupy the spac;e during the interim period and will vacate in 14 days upon notice from Lessee. Upon approval of the Lessee's Conditional Use Permit by the Town of Los Gatos,Lessee will agree to a Commercial Lease and Deposit Receipt with the usual provisions.The Lease will state,in part: a)The term will be 5 years with a 5 year option to renew. The term may be extended upon mutual agreement. The term will begin on ]uly 1,2006 and end on or before December 31, 2006,to be determined by date of approvals from the Town of Los Gatos and the State of California. Additional Terms and Conditions: Rent: Term: The rent will be $2,259.00 per month payable on the first day of each month.In the event rent is not received by Lessor within 5 days after due date,Lessee agrees to pay a late charge of$50.00. The rent of $2,259 represents 50%of the normal monthly rent of ._ ..----.-----·-----$5,H 8;00·at-arate-or$3-:90·p-er-square-Toof,-i"ilCfusive o-f alro~dina.ry- triple net expenses. <.9 I- Z W ~ I '..)« l- I- e::( :r: ~z UJ :2:.:r:.). i-« "I,: '..-..: <.9 LU~ f-O-...J(f)_ f-::J zCO LUll..cr::O cr::~::J UU« a:l .~•..- "",'-.....:..~.=..;. ",,: ;. '-'.:d /.'j ,;,':: ,'.'.:;:.;1. .... ".' .-:.,"..' l·~.. ~;.~V.,I,.,:'\,,';-':;''J ,.;:,J ~~~t'~t-~{·~;~{~~}:~f::~'Y!t~ _~I-,.:'"....n.-~..-1.,..·l'\:.1'1'0'"'•.1 ~•,f(:~,;wg'f~~Y','" ,,I.-~.., '.{ ~ UJZ.....-.0...J ,-::>Zco UJu.~o ::>UJ UO (J) f I I Jr ".' i':' ~ Ii' 1:rt' ifr' ,l f'~'' l l _ .- August 2,2006 RECEIVED· ~EP 7 2006 TOWN OF L PLANNING ODS GATOS IV/S/ON This letter is to outline the parking situation for the proposed Tasting Room to be jointly operated by the Clos LaChance Winery and the Fleming.Jenkins Vineyards &Winery.The location for this facility is the Conover Building at 45 West Main Street in the Town of Los Gatos. ----------------~--~.------_.__._-_.-_._---------------- TENANTS AND INTERIOR SIZE ------------------------------- .This location is currently divided into three units on the first floor.Viewed from Main Street.the first unit to the right is currently antique furniture shop measuring 1,190 square feet.The middle unit would be our proposed Tasting Room and Retail Shop measuring 1,312 square feet,and the third unit is currently a retail athletic shoe and clothing store measuring 1,209 square feet.This comes to 3,711 square feet dedicated to retail on the first floor.The second floor is single unit measuring 1,262 square feet of office space.This business is a management training and consulting firm.Total square footage for the entire building interior is 4,973. PARKING SPACES In the back of the building,still on the Conover Building property,are 4 parking spaces identified by markings on the curb and additional signage that are for the exclusive use of the tenants of the building.One space is allocated and identified for each tenant and is·reserved for one of their employees.(Please see the attached diagram for the location of these parking spaces.)Additional public parking is available in front of the building on Main Street and a public parking lot located behind the property. HOURS OF OPERATION AND STAFFING Our proposed hours of operation will be approximately 11 :00 a.m.to 6:00 p.m. daily.We plan to be open seven days a week.Times may vary an hour on each end of the day based On seasonal traffic. Monday through Friday will consist of one manager or facility lead staffing the location.Saturday and Sunday,there will be one manager or facility lead Exhibit E -... working all day,and one additional staff member coming in for a half day shift starting in the mid-afternoon time period. ADDITIONAL PARKING RELIEF MEASURES As previously mentioned in our letter describing our application for our Conditional Use Permit,we are working with private tour and transport companies to encourage the use of their services for wine tasting tours,not only ______________Jo_o_uLJadJity_,__buLas_p_artof_a_generaLwine--tour-program-throl:JghGl:Jt-tl:1e--Sant-a------------- .Cruz Mountain wine region.Weare also working with the Valley Transit Authority to provide information to our visitors of the transportation options related to not only the Santa Cruz Mountains wine route,but general public transportation in and around the Los Gatos area as well. In addition to these direct measures,we are also invcilved with the regional Spare the Air Days program to provide carpooling and alternate transportation options for the staff at our proposed Tasting Room,as well as the winery and office staff for the Fleming Jenkins Vineyards &.Winery also located in Town of Los Gatos when notified of an air quality alert.These proactive options should contribute to reducing any parking impact related to our operation. If further information or clarification is required,please feel free to contact me directly.The principles and staff of the Clos LaChance Winery and Fleming Jenkins Vineyards &Winery thank you for your considerations. Sincerely,. Rick Toyota Director of Hospitality and Wine Education Clos LaChance 'Winery (408)606-1050 ext.110 rick@c1os.com RECEiVED JIJl ~.-,20G6 ---,GATOSTr:\~:~,I'.J,"".:I_I;::;' ./1,..•.',,-:'-,\\/\SIOl'lPLf-..I'.'.,I ..·...J l..) --... .','t· < , \ r ,\ .1 '. ;~: t Exhibit F NOSS>WdOIO ," Exhibit G PLANS FOR THIS ITEM ARE - AV AILABLE Il'-~THE CLERK ---------------------------------------------DEPARTMEN-T----------------~-----------------------------_.---- RESOLUTION 2001-106 RESOLUTION OF TEF,TOWN COUNClL OF THE TOWN OF LOS GATOS ~.--1--------------~-----AlWENDING_IHEIOWN'S_ALCOHOLIC)lEYERAGEEOLICy ------ WHEREAS,the sale of alcoholic beverages,if not regulated,canjeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents;and WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage I I \ I i I I I I I I ! service and protection of residential neighborhoods with the goal of mainfaining 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. Exhibit I I I . I I . ,~ PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17 ili day of September,2001,by the followiilg vote: COUNCIL MEMBERS:. AYES:Randy Attaway,Steven Blanton,Sandy Decker,Steve Glickman, -------~-------~------_..------------Mayor"30e-Pirzyrrski.---·----.-.-------.--~---_.----~----.-------------------------.~.-------_..------------- NAYS:None ABSENT:None ABSTAIN:None ATTEST: SIGNED:s:::t<.~~.U YORCdrLIHE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA CLERK qF THE TOWN OF LOS GATOS· LOS GATOS\CALIFORNIA 2 I .\ I POLICY REGULATING THE CONSUMPTION A.."'ID SERVICE OF ALCOHOLIC BEVERAGES L Purpose. I The consumption or service of alcoholic beverages,if not regulated,can jeopardize public safety,result in an increase of calls for police services and compromise the quality of life for Town residents.Tpj5 policy provides pararneters for alcoholic beverage serVice,particularly addressing late night service when alcohol related incidents are most likely to occur and when ;the disturb'ances to Town residents is least tolerable...---._.1-.----------._--.----.--.------....-....-.'-.".---.---.--..-----..-------..--------..---_.------------------.--~----..----. I[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 I balance the protection of residential neighborhoods in close proximity to commercial districtsIandstillmamtaintheviabilityofourcommercialcentersinwhichrestaurantshaveanessential role.Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or ~hools,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 be~erages based on the merits of the application and subject to the following requirements: II.General policy 1.The Town shall continue to strongly discourage new applications for stand alone bars or restaurants with separate bars. 2.The Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. 3.Entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process ar.e 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 n PM Sunday through Thursday,except for holidays and evenings before holidays.. B.After 1 AM Friday,Saturday,holidays of evenings before holidays. An existing establishment with a conditional use 'peDllit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. !i IJ I I 1 .Exhibit A ....... Town ofLos Gatos Alcoholic Beverage Policy Page 2 of4 5.Any establishment serying alcoholic beverages shall be subject to the following: A.Unifonned privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are L ~9t_resoly~dQytb~-ij~l!s~QWn~L ~-,-_ 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 per:mit 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. i I- I I I I Town ofLos Gatos Alcoholic Beverage Policy Page 3 of4 ill.Specific Policy 1.Restaurants: , ·1i I I i ! I IV. 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 qr 11 PM Sunday through Thursday and until 12 midnight Friday,Saturday,holidays and evenings before holidays,whichever is earlier,ulate night bar service is available.Specific hours of operation for each establishment are determined upon issuance of a conditional use permit. Review Process 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 notifie4 and any comments regarding the operation of the business shall be solicited. c.If the Director of Community Develo'pment 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. Town ofLos Gatos Alcoholic Beverage Policy Page 4 of4 d.If there are violations of the use permit that have not been voluntarily corrected by the business owner the matter will be forwarded to the Planning Commission for public hearing pursuant to Section 29.20_310 of the Zoning Ordinance.- -----_-----------------.------------e.---Pursuant_to Section 29 .2QJL5__of the.2oning~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 actio~if it is determin.edthat the sale of alcohol has become a nuisance to the Towil'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; m..The number of arrests for a1coho~drug,disturbing the peace,fighting and public nuisance violations associated with an establishment; IV.The number and kinds of complaints received.from the State Alcoholic Beverage Control office and the County Health Department; V.Violation of conditions of approval related to alcoholic beverage service. The Alcoholic Beverage Policy is not to be construed to be aright of development.The Town retains the right of review and approval (or denial)of each project based on its merits. N:IDEVISUZANNEICouncUIA1cohol Policyl1001 ak:oool polioy.wpd I 1 I I I I i I ~ i I I I September 12,2006 -r-'---·--------------.------------------------------------~~_~_ Vu-Bang Nguyen Town of Los Gatos-Community Development Department 110 E.Main Street PO Box 949 Los Gatos,CA 95031 Dear Vu-Bang, The Santa Cruz Mountains Winegrowers Association is in,support of the opening of a Tasting Room in the town of Los Gatos.Both Clos LaChance and Fleming-Jenkins wineries have been active members of our association and we feel that the opening of a tasting room in this area would further boost the rapport and commerce in the downtown of Los Gatos. Thank.you fOf taldng the time to hear the interests of variouS supporters for the opening of this tasting room.Wefeel that success would be assured for the Murphy and Fleming Jenkins families and hope that a beautiful tasting room is in their near future. Sincerely,~"-I~~.'i:;,~John Hibbl Exe~utive Directors Santa Cruz Mountains Winegrowers Association 7605-A Old Dominion COlliC,Apcos,CA 95003.(831)479-WINE (9463)fax 688-6961 •SCIOwa.com Exhibit J Page 1 of 1 Vu-Bang Nguyen -Support for Backyard Wineries To Vu-Bang Nguyen: From: To: Date: Subject: CC: "Laude Barna" 09120/2006 11:55 AM Support for Backyard Wineries I,Laurie Barna,a 22-year resident of Los Gatos,support the application of Fleming Jenkins Vineyards &Winery and Clos LaChance Winery to open Backyard Wineries,the Wine Tasting Room and Retail Shop at'45 W.Main Street.I feel that this business will be a valuable asset to the Town of Los Gatos and a service to both its residents and visitors.Backyard Wineries, ______..ownedandoperated .byJQcaLresidents wiLl fit In welLwilh tbe.JoWn'-S_lmt@!Heta.lLcharacter8s well as compJemenLthehoteJ,"_ restaurant and art scene.As a resident and Board member of the Los Gatos Art Association,I am verY supportive of the Town of Los Gatos and hope that Backyard Wineries will receive the required approval from the Town. Thank you, Laurie Barna £i le://C:\Docul11ents and Settlngs\vnguyen\Local Settings\Temp\XPgrpwise\45112C 14TO.,.09120/:.J;(J() -,~ Yu-Bang Nguyen -tasting room From: To: Date: Subject: CC: "Steve Mirassou" 09120/2006 3:43 PM tasting room "tanmlY". Dear Mr.Nguyen I am emailing in favor of the proposed tasting room by Fleming-Jenkins on Main st.We have a long history of wine producing in this valley and all we can do to keep it visible is a good thing. My family has been producing wine here since the 1850s and we in the industry as well as our consumers consider wine an art.As a resident of Los Gatos I feel that more art can only be a good thing.I hope you all feel the same. __._..Ih;;nk YOJd~~........._ .Steve Mirassou fllc://C:\DocLllllenLs and SetLings\vnguyen\Local SeLLi ngs\Temp\XPgrpwise\45 11 G18ATO .._IJ9/?JJ/2(:()(i .... September 13,2006 Town of Los Gatos -Community Development Department C/O Vu-Bang Nguyen -Assistant Plarmer 110 E.Main Street P.O Box 949 Los Gatos,CA 95031 RECEP/~D SEP 20 2006 TOWN OF LO""'-~':ATOS PLANNING D/'v;SION SUBJECT:Conditional Use Permit for Backyard Vineyards Dear Mr.Nguyen, This is a letter of support for the,application of the cios La Chance Winery and the .Fleming Jenkins Vineyards and Winery to open a retail shop and tasting room in down town Los Gatos. As President of the Santa Cruz Mountains Wine Growers Association of which both applicants are members,I commend their excellent reputation and quality wines. Los Gatos is an ideal location for this shop and tasting room.The advantage for the Los,Gatos residents and visitors to Los Gatos is to have the opportunity on their doorstep to visit Backyard Vineyards,to taste and buy their wines made locally from grapes grown in the S~ta Cruz mountain's region and other regions.The custQmers will also benefit from learning first hand the winemaking style and vineyard techniques of each winery and the related history of winegrowing in the Santa Cruz Mountains dating back to 1850. I believe Backyard Vineyard's business style relates well to the ambiance of Los Gatos. I hope the Community Development Department will give favorable consideration to this application. sin~/elY,fvJ~/ Wilma J.Sturrock President Santa Cruz Mountains Winegrowers Association Ridg'e Vineyards Inc.P.O.Box 1810,Cupertino,CA 95015 (408)868-1312 ~:~~~::~:~'2:~:'~~:~~:w .."_~r .•~~••~-=~n~Bser::rviD.~=~ From:"Atina Bertos"Sfp 2 To:10 I Z006 Date:09/20/20065:50 PM PI..VVtv Or: Subject:Backyard Wineries A.NN/IV LOS G~ CC:'''Rick Toyota'"•'''Greg Jenkins'"•'''Tammy Larson'"•'''Elaine Hutchins'","'Chris HulfcrQnllrst'!eQsrt Ferguson'","'Stuart Ferguson'"arv-- Cocoa Bon Fine Chocolates in Los Gatos is proud to support the application of Backyard Wineries,the wine Tasting Room and Retail Shop. --~---------------Fleming -Jenkins-Vineyards-&Winery -and-ClosLaChance-Wineryha-vebeen-p artners -ofCccoa-Bon-pri-or------- to our Los Gatos relocation.We feel that this business will be an appropriate addition to the Town of Los Gatos and a service to its residents,visitors and retailers.We are fortunate with the location of 45 W.Main Street which is across from our retail store. Backyard Wineries is a great fit with the Town's environment and atmosphere.The addition of Backyard Wineries reinforces and preserves the concept of Los Gatos being a unique,local,and upscale scene. As a retailer of Los Gatos we are very supportive of the success of Town of Los Gatos and wish to see Backyard Wineries as part of Los Gatos.. Sincerely, Atina Bertos Retail Store Manager www.cocoabon.com I J file://C:\Docunwnts and Settings\vrig\.ly~n\LoQal Settings\Temp\XPgrpwise\45117F7CTO...0912 I!2(j(){) Page ~or l Vu-Bang Nguyen -tasting room tasting room "'Tanu11Y Latson'" 09120/20069:05 PM "Robert Leibbrand"F?12.CI2Il/~' S[p D .21IOVy Z006 .PI...A,::_O£-l..o·--.__.-..._-.-..._._-- !\.lING 05 G,..q-,.. 0/1./1 laS -We are looking forward to your opening of the tasting room.SION We have a small one i.n Campbell but looking forward for local wines to taste. Thanks, Bob Leibbrand From: To: Date: Subject: CC: .file://C:\Documellts and Settin,gs\vngu¥en\Local·SeltinQs\TemD\XPgmwise\4511AD03T...09/21 i21j(j() Iris Gin <irisgin@yahoo.com> <vnguyen@losgatosca.gov> 09/21/20068:13 AM greg@flemingjenkins.com From: To: Date: Subject: As a Los Gatos resident and business owner,I am writing in support of the proposed Backyard Wineries Tasting Room to be located on Main Street. Backyard Wineries will help reinforce Los Gatos as a destination for locals and visitors It will fit in with the overall feel of Los Gatos - restaurants,specialty stores (high-end retail),art .. ..,-----------------gCfU-elies~-hotels;and th-e overall-esthetic ambience:-----------------------::---------------.-------------------.... It is not a big chain store,but owned and operated by local residents with long history in Los Gatos and Saratoga. This is not a typical bar or restaurant serving alcohol.It is a Tasting Room offering measured sample tastes of their products only. The Tasting Room will provide information on all the other wineries in the Santa Cruz Mountains for people to visit too. Please relay my support to the Planning Commission. Please don't hesitate to contact me with any questions or concerns. Sincerely, Iris Gin,MD Kalia Dermatolology and Laser Center 15055 Los Gatos Blvd Ste.100 Los Gatos,CA 95032 - September 27,2006 September 27,2006 3 Date:------'='-""~~~~~~ For Agenda Of: Agenda Item:-------':.....-_-- DESK ITEM REPORT TO:The Planning Commission FROM:The Director of Community Devel?pment LOCATION:45 W.Main Street Conditional Use Permit U-07-2 Requesting approval to allow wine tasting and retail wine sale on property zoned C-2.APN.529-01-026 PROPERTY OWNER:Jay Conover and JoellaWanamaker· APPLICANT:Clos La Chance Wines,Inc &Fleming Jenkins LLC DEEMED COMPLETE:August 2,2006 FINAL DATE TO TAKE ACTION:February 2,2006 EXHIBITS:A-L..Previously Submitted. M.Letters in Support ofProject (21 pages),received September 21- 27,2006. REMARKS: The attached letters in support of the project were received after the Planning Commission report was finalized. ~/~prep'::;-r Vu-Bang Nguyen,Planner ~0ZQ-Approved by: Bud N.Lortz, Director of Community Development BNL:RT:VBN N:\DEV\REPORTS\2006\45 w main st desk.wpd Vu-Bang Nguyen -Planning Commissionl LG Tasting Room 09/21/200610:01 AJv1 Planning Commission!LG Tasting Room From: To: Date: Subject: CC: ~~C~/~. Sfp 2 ~D 10WN 1 Z006 PLA,Of:1..0 NN/NG S GA,/,D/VIS Os ION I am the owner of Willow Street and Main Street Burgers.WhatClos Las Chance and Fleming Jenkins W~leries plan to open downtown is exacting the type of new concept and energy the downtown needs.Last March I was in Healsburg Ca.and €lxp€lFi€ln68seveal sirailar shoj:!S-<.n tfte.iHlewflt-ewn-wfti:eh is ~'ery similar-to LG.11~-ioo-ttl-thetft'f----- ,doymto"vn.,Los Gatos,s11O.uJcll:JeJglO,wn as,$e gate"".ay to,the Santa ,C::ruz}.491:l1itai:l'l:~vi:nc ,disa19,t \,hi9fl it i.3,JloUW.",'kI.oy"n, for.People do not want to drive the windy roads of the SC Mountains.This kind of business would bring people to the downtown and they would shop and support other businesses.This is new business should be approved. Sincerely,. ED Rathmann Check out the new AOL.Most comprehensive set of free safety and security tools,free access to millions of high-quality videos from across the web,free AOL Mail and more. Exhibit M. ~,:·_1 ·.~;;::i~:-:::il :::l:;:t.::Ld.~~2S ":..l:',,~C:·,.;'~~.~.:.~1:"~8 Se\)tember 2'1,2006 Towr ·:.1 LQS Gatos (;omrr i.J01:y C 2 ...'e~cprr='11 Depa r:rr,a.1 t Co'O \/u-B;;r';j NgU:/2:l ,;Sslstam Pi3nner 110 E.Mall,Street PO.Box 949 -kQ~~\Q~A S';QJ j -..-------..-.....-.....---.-.---------.-----.-_.-_....._--.....---------- ----------..·----Re:-Fl-e:rn;;flg-Jenk,nsVrnDy3rjs&-V·imerr -----------_.. i ar:l wrltlng in support of the application submitted by Fleming Jenkins Vineyards &\Ninery <lnd Clo::> :"aChance 'Ninery to open.Backyard Wineries,t11e ',Vine Tasting Room and Retail Shop at 45 W MClin S:reet I believe !his bUSiness ""'Ill be an attractive asset to the Town of Los Gatos and a service to ;ts fes;dentsand \'!Slters.· .Sack:/ard ":Vineries,owned and operated by local resi·jents.will fit :~l ',vell With the Town's hl,~h-end ,etall character and complement the hotel.restaurant and art scene.As a reSident of r'.'10nte SerBno.I am;/ert supportive of the Town of Los Gatos and would iike to participate in ensuring the Town's continued 'vitality and economic success,I would also like to be a part oi Backyard \'lIineries'success,and w:sh the.'T1 the best in their new endeavor. Sincerely. C~---.ly Miller Cnainman,CEO 16-;61 Bachman Court l'iionte Sereno.CA 9SG30 ".."'. ~.... Page 1 of 1 Vu-Bang Nguyen ..Backyard Wineries "Gabrielle Medrano-Contreras" 09/21/20065:26 PM Backyard Wineries· From: To: Date: Subject: CC: ~ECEIIIED Sf?2· .lOW 2 2006 p tv 0;::L 'Hello Mr.Nguyen,'LANNING aS GA /, .DII/IS1Q ~s ----JI""A4~i1r~y·s'li'ppert-i1ti'hecrpp1Tcat±mI of Fleming J~&Wlllery and elos LaChance /'ytJ------ ----....,.~,6'1-i,Lffiffi:efY:::to open Baclryard-Winer ies,jlren tastingroorn and retail estal5ttsliment ·at4S·W.·Mam St.-As anew·· business of high-end specialty item,I have find that the Tbwn of Los Gatos residents and visitors enjoy and benefit from wonderful retails shop like my own and believe that Backyard Wineries to be a perfect fit.Backyard Wineries,owned and operated by Jocal residents,will complement the hotels,restaurants and art scene of this wonderful town.As a business owner I like to take part in,support and encourage the vitality and economic success of this town.I would also like to be pat of and support the success of Backyard Wineries.I wish them all the best in this new endeavor... Thank you for your time. Regards, ..Gabrielle Gabrielle's Bridal Boutique ~rq T.T1:iYr:'r::ity.1.':c Los Gatos,CA 95030 info@gabriellesbridal.com T.408.399.9393 F·40 8·399·9390 'NVVW.gabriellesbridal.com c::Cc[iLSi'ue gowns for the couture 6ricfe (09/22/2006)Vu-Bal1g Nguyen -Re:Cios LaCJiance Wine Tasting.Page 1 -... Sincerely, "Todd Bennett"<Bennett@ci.monterey.ca.us> "Vu-Bang Nguyen"<VNguyen@losgatosca.gov> 09/22/2006 10:18 AM Re:Clos LaChance Wine Tasting Mr.Nguyen, RECEIVED .SfP 22 2006 TOWN OF LO PLANNING S GA,TOS DIVISION I have reviewed our files for the Clos La Chance wine tasting room located at 400 Cannery Row,Suite E, and there have been no complaints or code enforcement activity associated with this use at this site. Please feel free to contact me if you have any additional questions. From: To: Date: Subject: Todd Bennett Senior Associate Planner City of Monterey »>"Vu-Bang Nguyen"<VNguyen@losgatosca.gov>09/22/06 10:01 AM>>> Todd- The wine tasting room was located at 400 Cannery Row,Suite E.Thanks! Vu-Bang Nguyen,AICP Planner http://www.losgatosca.gov/planning Town of Los Gatos Community Development Department 110 E.Main Street P.O.Box 949 Los Gatos,CA 95031 408.354.6807 vnguyen@losgatosca.gov ,(0.9/22/2006)Vu-Bang Nguyen·Backyard Wi~ries Page 1 RECEIVED SEP 2 2 2006' TOWN OFLOS PLANNING D'V~i~~S Jill Pr'estigiacomo <jillprestigiacomo@sbcglobal.net> <vnguyen@losgatosca.gov> 09/22/2006 11 :17 AM Backyard Wineries From: To: Date: Subject: cc:<greg@flemingjenkins.com>,<rick@clos.com> Dear Town of Los Gatos Community Development Department, I am writing to encourage you to approve the ===~a~p;;1p~li~c;;a~tio~n~fo~r~th~e~F~le7m~Jr1!!q~,~~J~e!.ln~ki~n~s/~9~19~s~L~aC~h~a=n~c~e:===",~=====~=~~__~~_~~_~_.,_.. Backyard Wineries retail shop on 45 W.Main Street. I am a 40 year resident of Saratoga.And,as a graphic designer working out of Old Towne in Los Gatos,I have enjoyed the privilege of working closely with both Greg and Peggy Jenkins at Fleming Jenkins Vineyards & Winery,as well as the Murphy Family who own and operate the Clos La Chance Winery. Both organizations bring their love of our area into everything they do.I am confident they have carefully considered the impact Backyard Wineries will have on this community and will make every effort to represent it with the utmost respect. In recent years,Los Gatos has become a gateway to the Santa Cruz Mountain winegrowing region.Backyard Wineries would join classic Los Gatos hometown haunts, like Le Boulanger,Steamers,The Indian Store,and the Los Gatos Coffee Roasting Company in becoming a great representation of our character,and show off our dedication to excellence. I think such a unique experience would be a good thing for Los Gatos and the surrounding areas.It will .reinforce Los Gatos as a destination for locals as well as folks coming from far and wide. Thanks for your time, Jill Prestigiacomo Saratoga,California 408-378-5406 Page 1 oE2 Vu-Bang Nguyen -Backyard Winery Application From:"Glenn Gramling" To: Date:09/2212006 10:45 AM Subject:Backyard Wmery Application .CC: September 22,2006 -----'------------------~------------------- -----'----------------------~~------------- Town of Los Gatos -Community Development Department c/o Vu-Bang Nguyen -Assistant Planner 110 E.Main Street P.O.Box 949 Los Gatos,CA 95031 Dear Planning Commission,Diane and Members of the Town Council: We understand Fleming Jenkins Vineyards &Winery and Clos LaChance Winery are planning to open a Tasting Room and Retail Shop in Los Gatos at 45 West Main Street and wanted to share my opinion that I feel this will be a great addition to Los Gatos. We have been associated with both wineries for several years.The proprietors _ are outstanding individuals and extremely generous with their time and donations.The Backyard Winery tasting room would be an excellent addition to -our town's expanding merchant base. We hope 'you will support their application. Sincerely, Glenn and Karyn.Gramling 16871 Sheldon Road Los Gatos,CA 95030 Horne:(408)395.8288 glenn.gramling@in.fogain.com furymytoy@yahoo.com Fleming Jenkins and Clos LaChiil'1Ce Tasting room...Page l of 1 Vu-Bang Nguyen -Fleming Jenkins and Clos LaChance Tasting room. From: To: Date: Subject: CC: "Greg Rlline" , 09/22/2006 12:17 PM Flemi.ng Jenkins and Clos LaChance Tasting room "Greg Rhine u , September 21,2006 .Town of Los Gatos -Community Development Department .c/o Vu-Bang Nguyen -Assistant Planner 110 E.Main Street P.O.Box 949 Los Gatos,CA 95031 Dear Planning Commission,Diane and Members of the Town Council: -..---------_..----_. I understand Fleming Jenkins Vineyards &Winery and Clos LaChance Winery are planning to open a Tasting Room and Retail Shop in Los Gatos at 45 West Main Street,and I wanted to share my opinion that I believe this will be a terrific addition to Los Gatos.. I believe this will be welcome addition to all local merchants and residents alike,and the downtown community will benefit from the type pf person and demographic this tasting room will attract -mature,high income customers who come to enjoy and spend in downtown.Add to this the fact that this shop is owned by local residents,one of whom is a celebrity will go a long way to ensure its appeal and success. I trust you will support their application. Sincerely, Greg Rhine 140 Belcrest Drive Los Gatos,CA 95032 P~ge 1 of 1 Dear Sirs and Madam, Vu-Bang Nguyen -Clos LaChance and Flemming From: To: Date: Subject: "George Montanari" 09/22/2006 12:07 PM Clos LaChimce and Flemming As a very act,ive family and Realtor in Los Gatos the idea of having two small wineries share a wine tasting room -.-----isan-excellent idea.We are blessed to be at the base of the Santa Cruz Mountains which has a very rich history _____.__=._o=:-:c-jnJMeccl:Jltiv.a{jon=oJ-grapes~and-wine-making;:~TestarGssa~Winep{-lbGateEl::iR -the Sacr-ee-HeartNovitiate-wine"._------. cellars is a prime example of how the town and small wineries can work together for the benefit of all.,.. Thank you for considering and hopefully allowing this small [ocal business to operate.I'm also hoping it will also bring more excitement to this part of the business district. Again thanks and please feel free to call or email me with any questions,thoughts or concerns you may have. George and Jill Montanari 160 Longmeadow Drive Los Gatos,Ca 95032 George Montanari Alain Pinel Realtors www.apr.com/gmontana Top producer since 1980 408-357 -8808 Direct Line www.gmontanari.com Click on this link for my website (MLS listings,school scores,mortgages etc ...) Backyard Winery Application Page I of I Vu-Bang Nguyen -Backyard Winery Application "Hitchcock,Roger" , 09/22/2006 1:07 PM Backyard Winery Application RECE/l/:- Sfp .'ED law 222006 fJLA,N OF La tvN/NG s GA~O/V/S/O~S This IS my personal endorsement of the Backyard Winery Application before you.I believe this is in keeping with the Los Gatos community &ask that you give it serious consideration. From: To: Date: Subject: _.-==_._~I-;3iiQr§lc;i~~Ih::e-.oiectIQ~cQnt[oJTrcens:es:orihISJype_in.o-ill.-tow~s·b;P:,-but.beli~~~~th~-~ePf-·~atur~:;f.th~-;p-pli;atiof1-makes-:t------+-----_._._.- much more in line with the value &spirit of Los Gatos than that which is normally associated with these applications.I personally own a 1/3 acre parcel which has been producing wine for local neighbors &friends for over 10 years.There are scores of private winemakers like us in the Los Gatos area who would be proud of such symbolic representation within the town. Thank You Roger &Penny Hitchcock 17130 Crescent Drive Los Gatos,CA 95030 r::1 ~._-fIr'"'.\T"'\. Vu-Bang Nguyen -Backyard Wineries Please feel free to contact me.408-335~1383 Thank you. Leslie Robidoux 09/23120067:22 PM Backyard WUleries PJge 1 of 1 From: To: Date: Subject: Dear Mr.Vu-Bang, My names is Leslie Robidoux.I am the store owner of Bettina's located at 320 N Santa Cruz Ave.(accross from BofA).[ have recently watched storefront vacancies significantly increase resulting in substantial reductions in foot traffic. Conversely,I have visited Santana Row on multiple occasions,and noted their increasing amount of activities,stores and ___C;ll.S1Omel:S.-lthinlC-thaLLos-Qa.to~~aJ.:ra.gt~~!!~~hQp:S\JQ:h~:5::Backya:rcL-Wmeries:=:It::.would-add=tlJ::t:!1ecdiversity=an"d.:.-=.:.-::-=..:--'---------- -----------attl·actrvelless..of o~~n~tail selection.I would love to take my customers there,and I am sure that they and visiting tourists would enjoy visiting a local winery store. (09/25/2006)Vu-Bang Nguyen -Backyard Vineyards-wine Tasting·Room &Retail Shop Page' From: To: Date: Subject: Attachments: Pleasant Valley Vineyards <chandley@pvvines.com> <vnguyen@losgatosca.gov> 09/25/20063:53 PM Backyard Vineyards-wine Tasting Room &Retail Shop Letter.pdf cc:<rick@clos.com> Dear Mr.Vu-Bang Nguyen attached is a letter in regard to the proposed Backyard Vineyards Wine Tasting Room and Retail Shop.Please distribute this letter to the Town of Los Gatos Planning Commission Members and ___I~~.~_()_u_n~i1_M_e_rllq~.r:s_____ __...__.. --"----------------_..----~--~~--- ------_.._----"------------ -----_..-------- Sincerely Craig &Cathy Handley ---------------"--~---_._~-----------------------.._--~----_..--_.---._-----------------_._-------------.------------------------- Sincerely. Donna &Steve Rubin RECEIVED SfP 25 2006 TOWN OF La PLANNING S GATOS DIVISION "Donna Rubin" 09/25/2006 12:31 PM recommendation for approval of Backyard Wineri~s ,"Greg jenkins". .I;_. •:::'.:!;".::.,.,~:.:=::1',•.:,:,;ii,;,,-..;.....::~:.,;:,;-,iI',;,:....:.:....:.••:::..JJ t::•eJ 1 ......~)-IVI i,Ie;'VI ti,e:i V..,v,t vI l.U:J ~Ul(j~.'.1 C'N0vIU ''':;:50 like to be part of Backyard Wineries'success.and wish them the best in their new endeavor. •Backyard Wineries will help reinforce Los Gatos as a destination for locals and visitors •Los Gatos is a gateway to Ihe Santo Cruz Mountains wine growing region. •Not a big chain store.but owned and operated by local residents with long history in Los Gatos and Saratoga. •Only public place anyone could taste Fleming Jenkins wine. •Wineries are based here in Los Gatos -makes sense for them 10 have their Tasting Room here too. •Tasting Room will provide information on all the other wineries 'In the Santo Cruz Mountains for people to visit as well PaGe of 1::>, We feel that this business will be an attractive asset to the Town of Los Gatos and will fit in well with the Town's high-end retail character as well as enhance local businesses.and t~e community.Thoughts for approval of Backyard Wineries: Vu-Bang Nguyen -recommendation for approval of Backyard Wineries Donna &Steve Rubin.from the neighboring city of Campbell and strong supporters/patrons of Los Gatos.support the application of f'lemrng Jenkins Vineyards &Winery and Clos LaChance Winery to open Backyard Wineries.as a wine Tasting Room and Retail Shop. Town of Los Gatos Community Development Department c/o VU-Bang Nguyen.Assistant Planner From: To: Date: Subject: CC: To Whom It May _Concero. Vu-Bang Nguyen -Backyard Wineries Thank you. Page 1 of 1 "Patti Rice" 09/26/2006 9:lOAM Backyard Wineries .... Patti A.Rice The Spa -Los Gatos 100 South Santa Cruz Avenue Los Gatos,CA 95030 408.354.5901 From: To: Date: Subject: Cc: I?ECE/~ S[p 2 ~D laWN 6 2006' p(OF"(A,NN/~,AS G I vG 0/1/AlOS ISION This is just a quick note to let you know I support the application of Flemings Jenkins Vineyards &Winery and Clos LaChance Winery to open a tasting room on Main Street.I think this type of retailer is a great addition to Los Gatos.It is unique,individual,local,and a great "stepping stone"to the other wineries in the area.I believe it will _~nhanc~LQsGatos as a de..stination_for shoppers,_diners,etc.,.and iListhecaliber-ofestablishment-thatfits well--""'-"+---------------,--_.._-- within the Los Gatos feel.I believe '[t offers another unique experience,and I believe it will be a successful venture being popular with locals as well as visitors. Page 1 of 1 Vu-Bang Nguyen -Support for Backyard Vineyards Tasting Room "Rob Jensen" 09126/200612:18 PM Support for Backyard Vineyards Tasting Room From: To: Date: Subject: CC:~F:CF:III€ Hello Vu-Bang,S[p ?"0 10 ..,0 ZOnr; We would like to offer o.u.r.su.p.port fo..r .th..e .prop..o.s.e.d B..ack.ya..rd V..ine.y.ards Ta.sti.n g..R.oom.for W..~i~..8t~~~.../..A...S t.he.20'05 ..LOS.. .Gatos Chamber of Commerce Businesspersons of the Year,we feel."",e have.~n.e~~Ue~t ':lr:'~l?~~~~m'f1lunLty ._ _._."-'~-spiritinvolvedwith being a part of the Los Gatos Dusiness commUnity.'Through our long term relationsti"~f1l ~d Peggy Jenkins,and Bill and Brenda Murphy we know that both of these excellent companies,both with long his /QA;of community giving,will make an excellent addition to our core downtown business. As was presented at a Chamber of Commerce luncheon earlier this year,core downtown business districts are under assault from big new,overtly commercial facilities like Santana Row.Further expanding downtown Los Gatos'reputation as the gateway to the Santa Cruz Mountains Wine Country will be crucial for us as a business community to now only maintain,but to grow our business success with not only the Bay Area,but with out of state tourists as well. Clos Lachance winery already has a long history and reputation of running first class Tasting Rooms,with excellent staff who are trained to make sure that wine tasters are not drinking too much,or if they arrive inebriated,they will not be served.This ,is our state law,and wineries are very aware of this.It is very important to note that this is not another bar,this is for wine tasting not wine drinking. Some people may think that Testarossa Vineyards,which is only 1/2 mile off of MaiQ Street,might be opposed to this new "competitor"in the neighborhood.Seeing Backyard Vineyards as a competitor would be extremely short sighted on our cart, One c,nl,'has to look at the large number of e,<li'eillely succes:::;ful restaurants ill Los Gatos to i e",II2.8 thell ilavII19 a l:rlli~al mass of restaurants in Los Gatos is WHY peopfe come to Los Gatos to dine.Just look at a city like Los Altos which has a similar economic demographic as Los Gatos,but 1/1Oth as many restaurants.The restaurant scene in Los Altos can best be described as anemic.Thus,we feel the addition of the Backyard Vineyards Tasting Room,along with the new Los Gatos Gourmet (formerly part of the Los Gatos Coffee Roasting Company)will only enhance our business and other wine focused businesses like the French Cellar. Please add our whole hearted support to approving the application for the Backyard Vineyards Tasting Room. Rob &Diana Jensen,Proprietors and 2005 Los Gatos Chamber of Commerce Business Persons of the Year Testarossa Vineyards at the historic Novitiate Winery . 30G-A College Avenue Los Gatos,California 408-354-6150 internet:testarossa.cc Page 1 of 1 Vu·Bang Nguyen·Planning Commission meeting Vu-Bang Nguyen Assistant Planner Town of Los Gatos, --------------------------eJear Mr.-Vu:.Bang-,--------------------- From: To: Date: Subject: 09/26/2006 1:18 PM Planning Commission meeting I am writing in support of the proposed wine tasting room at 45 West Main St. I understand that,over the decades,this town has changed its image many times.From a logging town,to a fruit growing and canning town,to a town full of bakeries,to a town over nowing with antique stores,to a town that some say now has too many hair and nail salons.We live in a town that certainly evolves with the times and one has to wond.er how this town currently would like to be perceived. Ever since the Novitiate Winery and the Los Gatos Cooperative Winery began producing wine in Los Gatos back in the 1880's,this town has produced and sold wine with unique characteristics.Wine from this area and the surrounding Santa Cruz Mountains is said to be "Burgundian"in nature.Meaning the wines are like wines from the Burgundy region of France and specifically that there are more "earth"Aavors in the wine.It is the newest rage of California wine makers to try and make wines like this because they are so food friendly. F'Jrturiately for cur town.you cannot gmw wine like this just 3llywhere.Los Galas,beil;g the ~3le'h2i ~.::,:;--,c Santa·Cruz Mountains wineries,could capitalize on this as well as the growing trend of wine and food travel .. We already have great restaurants (one of them,Manresa,was recently named one ofthe best in the world). What this community now needs is more opportunities to sample the locally grown wines. I hope the town enthusiastically allows the proposed wine tasting room at 45 West Main Street and continues to support business of this nature. Bill Updyke 154 Kensington Way,LG. Graduate,Leadership Los Gatos,2004 William Updyke,D.C. 408-983-4192 . Clinic.al Professor,Quality Improvement Coordinator,Palmer College of Chiropractic West. President Elect,California Cbiropractic Association. \09/27/2006j Vu-8ang Nguyen -Backyard Wineries/Hearing on Conoltional Use Permit 9-27 -C6 Page 1 <greg@flemingjenkins.com> "Kathy Anderson"<gerbinolaw@hotmail.com> <vnguyen@losgatosca.gov> 09/26/20063:00 PM Backyard Wineries/Hearing on Conditional Use Permit 9-27 -06 From: To: Date: Subject: cc: Dear Mr.Nguyen: This email is sent to show our support for approving the conditional use permit submitted by Backyard Wineries.I live on 116 Alta Heights Court in Los Gatos with my wife,Eibhlin Tierney Gerbino.We are very familiar with Fleming Jenkins Wines,the proprietors and their staff.They produce a -+----,------.--..------------Gjuality wine that will confirm ourlooal areaisa prem ierappellation for---------------------------------------- fine wine.The proposed location at 45 .Main Street is a perfect fit for our charming small town.Backyard Wineries will add a touch of class to the downtown by offering fine wine tasting in a boutique setting under a unique collaboration with Clos LaChance.Approval of the conditional use permit will be a "value added"asset to our town. I respectfully request that you take the above input into consideration at· the September 27,2006,Planning Commission Hearing. Very truly yours, Fred W.Gerbino,Jr. Add fun gadgets and colorful themes to express yourself on Windows Live Spaces http://cl k .atd m t.comjMS N/go/msn nkwsp007000000 1msn/directiO 1I?href=http://'W'NW.geLlive .com/spaces/f eatures . Page 1 oEl Vu-Bang Nguyen -FOR:Flemng Jenkins Vineyards &Clos LaChance .Winery "John De Witt" 09/26120064:10 PM FOR:Flemng Jenkins Vineyards &Clos LaChance Winery RECEIVED Sf?26 ..lOW 2006 Pi..NOFLO Dear Vu-Bang Nguyen,.A,NNING DSI GA,laS ,..VISION I am writing in support of the proposed Fleming Jenkins Vineyards and Clos LaChance Winery "Tasting Room"and retail shop at 45 West Main Street. From: To: Date: :Subject: CC: .-.-.._----_._-----------------_..~-_"':"'__.-,---"._----_.- As a Downtown merchant,Pacific Green of Northern Califomia at 210 No.Santa Cruz Avenue,I believe that these local families will work hard to develop a new business with positive synergy complementing our historic Downtown's ambience. The proposed Tasting Room will further establish Los Gatos as a tourist destination and welcoming gateway to our local Santa ----Cruz Mountain winer:ies.Their small scale facility and local family ties will help preserve our small town atmosphere.I am grateful for the time they spent with me explaining their new venture. I wish them'much success with their venue and look forward having them be a part of our Downtown. Best regards, JOHN DEWITI Pacific Green of Northern California,Inc. 210 North Santa Cruz Avenue Los Gatos,CA 95030 399-6400 (store) ",..:,:L::L;"'''''-,;'c;,;rS8ilO filC2:JI.C8 i i) f\ECEIVED SEP 26 2005 TOWt~OF LOS G.D.TOS PLANNlt~G DIVISION l'LE:\S,\""V;\UEY \'1~E".\R05.1:':C. Town of Los Gatos -Community Development Department "SepJemtJer~_~_')_006___ --c/oVu~Bani-Nguye-n =Xs-sistant -Planner------------------------------ 110 E.Main Street P.O.Box 949 Los Gatos,CA 95031 Dear _~~~_~e_~s_Q.tth~j>I'!DI].!ng Com!I1ission and Town Council of the Town of Los Gatos My wife and I recently attended an informational meeting in regard to the proposed Wine Tasting Room and Retail Shop to be known as Backyard Vineyards.We were extremely impressed with the careful thought and concepts p~esented.We have known Bill and Brenda Murphy for over a decade and have witnessed their complete dedication and professionalism in building one of the most re- spected winery operations on the central ~oast.Ctas LaChance Winerv. The Ctas LaChance Winery and Fleming Jenkins Vineyards &Winery partnership's proposal to bring their new business venture,Backyard Vineyards,to your business community would be a major plus to all the members of your town both residential and professional.It will allow your town to become the gateway for our esteemed Santa Cruz Mountain Wine Appellation. The demographics_of premium wine consumer's are a perfect match for your community's high-end premium shops and food establishments.These consumers tend to be highly educated,thoughtful and respectful purchasers with above average disposable incomes.The Backyard Vineyards Wine Tasting Room and Retail Shop would complement all the businesses in your town,provide additional income _,__'__to_J_C_uLtllxJlaSe_aru:Lw-Ould also be an environmentally friendly .venture. We encourage you all to enthusiastically embrace their plans and welcome them into your business community. Sincerely, 4~~ CraigO.Handley President,Sylvan Communications,Inc. CQ:Cl,~#~~ Cathy L Handley President,Pleasant Valley Vineyards,Inc. SYLVAN COMMUNICATIONS,INC. PO Rnx 1S7n •Antnc::r'.A ac:;nn1 '.A':l.1 _~Ac;_~i:::On •!:'",v'Q"l i lOOh_i:::C::OC:: Page 1 of 1 Vu-Bang Nguyen -Backyard Wineries 09/27/20069:10 AM Backyard Wineries Anne KobelFrom: To: Date: Subject: CC: ~~c~ S(p.IV€D"'0 2 i PI.."VA;o~2006"it\!A;/~!..as..GD ~~..,~ The Santa Cruz Mountains is rich In history of wine grape growing and wIne making.It is perhaps the oldest wine growing region In cal~rnla My husband and I are residents af Los Gatos and were surprised at haw many of our friends and neighbors found old wine bottles buried in the dirt around their houses when they excavated to rebuild after the Loma Prieta earthquake af 1989.Today these mountains are dotted with backyard vineyards producing award winning wines. The Santa Cruz Mountains Appellation is respected and becoming more well known outside our area.But the public needs more access :0 lis _._..._",_,__,,_,..__.wineL _.__._..-_..---_---_.-.-.-.-------.----..--.-.---.,.--.-----'".__-----.-.-.-- At the same time.the Slow Food Movement is growing in gtobal popularity.Its members are people who want to know where their food comes from.Being simply organic is not good enough.They want to know fram which ranch comes their meat.which field grows their tomatoes.ThiS also applies to wine I How reassuring to know that the wine you are drinking was grown and produced locally. My husband and I support the application of Fleming Jenkins Vineyards &Winery and Clos LaChance .Winery to open Backyard Wineries.the wine Tasting Room and Retail Shop at 45 W.Main Street.We believe that their wine tasting room will be an attractive asset to Los Gatos.Many tourists flock to Los Gatos for the shopping and dining possibilities.Los Gatos is the gateway to the Santa Cruz Mountains and it ~hould serve as the introduction to its wines. We urge you to approve their ·application. Anne and Andre Kobel Af"\!""'l-r ,"')1',.--," September 27,2006 Town of Los Gatos Planning Commission ;£os""!Jatos CHAMBER OF COMMERCE Board of Directors Patti Rice-President The Spa-Los Gatos Re:Backyard Wineries .Conditional Use Permit RECEiVED SEP 2 7 2006 -ow~~Of LOS GATOS I PI_ANI'!ING OI\fISION No:0Yes:7 On Tuesday,September 19,an email was sent to the Downtown Committee regarding the CUP Application submitted by Backyard Wineries that is before you.Of the seven businesses who responded,the results were as follows: Susan Combs-Bauer BauerCombs Landscape Architects Brenda Hammond President Elect Reseaurant James Randall Erika Brown ..---·Private Mortgage-Advlsors·--------.-.-.-..--------.----.--.-.-----------.----.---_....---.-----.-.--.--.---.------- How do you,as a downtown business owner,feel about the proposed new tasting room? Rich Diu Entrabase Moille Drake Lo.!Gatos Meadows What impact do you think having a tasting room in the downtown will have on existing businesses?. Positive:7 Negative:0 Gary Honts Community Hospital of Los Gatos D.Michael Kane The Kane Group Kevin Kelly Charles Schwab Do you believe this type of store will draw new visitors to downtown? Yes:7 No:O Do you believe this type of store will draw local residents to downtown? Yes:5 No:1 Maybe:1 Blaine Kingsbury.D.C. Community Chiropractic Bill Leonard Ignite Marketing Will you attend the Planning Commission meeting? Yes:1 No:6 Maybe: Keith Plottel LMGW Certified Public Accountanu Janice McCabe Janice McCabe Int'erlors .William Seligmann Law Offices of ·William R.Seiigmann Pam Snowden-Abella Heritage Bank of Commerce Susan Stevens Hotel Los Gatos Greg Stowers Stowers Associate.s Architects Some written comments received: ,The Town needs to be open to new and different types of unique business opportunities. ...hate to see all the same thing in every storefront.The consumer &the economy will dictate su'ccess or failure.'"'think it will be great for downtown.It will bring more people to stay at hotels and dine at restaurants ...to shop,etc.It is different from a bar.The pours are small & they buy bottles to go.'"...Having locally owned businesses has been one of the charms and character of the Town but the high cost of dong business in Los Gatos has discouraged the independent merchant.The partnership ....will bring renewed interest to Main Street,bring attention to the wonderful local boutique wineries ....opportunity to support a local business that can help increase foot traffic to other businesses.''Good addition to town mix.Fits the Los Gatos life style.'"..great idea to increase foot traffic ...will attract adults &.folks with spending power which will flow into other businesses.''...will promote foot traffic and more shopping." Marie Tallman Opec>House Banquet Focility . We hope this is helpful to you in making your decision. .7J!5residerzl S CiRCLE * Platinum Sponsor Community Hospital of Los Gatos TOWN OF LOS GATOS CHAMBER OF COMMERCE ..,/.....,.,.,.....~.__._-- /,Ii'(/\)j .J~tVJ )A:.').---r . I Gold Sponsors The Spa·Los Gatos Los Gatos Mea.dows Greg Stowers VP Legislative Affairs Bronze Sponsor Hotel Los Gatos &Spa Los Gatos Foot &Ankle Center FedEx Kinko's-Los Gatos 349 N.Santa Cruz Avenue,Los Gatos,c.A 95030 PH 408.354.9300 Fax 408.399.1594 www.losgatoschamber.com REQUIRED FINDINGS FOR 45 W.Main Street· Conditional Use Permit U-07-2 Requesting approval to allow wine tasting and retail wine sale on property zoned C-2.APN. 529-01-026 . PROPERTY OWNER:Jay Conover and Joella Wanamaker APPLICANT:Clos La Chance Wines,Inc &Fleming Jenkins LLC FINDINGS •As required by Section 15301 of the State Environmental Guidelines as adopted by the Town that this project is Categorically Exempt. •As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. (a)The deciding body,on the basis of the evidence submitted at the hearing,may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1)The proposed uses of the property are essential or desirable to the public convenience or welfare; (2)The proposed uses will not impair the integrity and character of the zone; (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 propos.ed porject is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section ry.B). •As required by the Town's Alcohol Policy for alcohol service past 10:00 PM: A.Late night service will not adversely impact adj'acent 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 cormnunity. N:\DEV\FINDINGS\45 w main.wpd AITAGHM:ENT 2· '. '. CONDITIONS OF APPROVAL FOR: 45 \-V.Main Street Conditional Use Permit U-07-2 Requesting approval to allow wine tasting and retail wine sale on property zoned C-2.AP:"I. 529-01-026 PROPERTY OWNER:Jay Conover and Joella Wanamaker APPLiCANT:Clos La Chance Wines,Inc &Fieming Jenkins LLC --------------TO--THE-SAIISFAGTIGN-OFIHEGGMMUNTIY-DEVBLOPME-N-T-];)-[RE-G=r:-OR;--------~------------- (Planning Section) 1.CONDITIONS:These conditions of apprQval shall supercede all previously adopted conditions. 2.APPROVAL:This application shall be completed in accordance with all ofthe conditions of approval listed below and in substantial compliance with the plans approved and noted as Exhibit H 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. 3.LAPSE FOR DISCONTINUAJ."fCE:If the activity for which the Conditional Use-Permit has been granted is discontinued for a period of one (1)year the approval lapses. 4.USE:The approved use is a wine tasting room operated by Clos La Chance Wines,Inc and Fleming Jenkins LLC and retail store selling wines and wine-related retail products from Clos La Chance and Fleming Jenkins wineries. 5.NUMBER OF SEATS:The maximum number of seats shall not exceed 4 seats total. 6.HOURS OF OPERATION:Hours of operation for the business shall be 11 :00 a.m.to 7:00 p.m.seven days a week. 7.WINE SALES:Retail sale of wine for off-site consumption is permitted from 11 :00 fu'v1 to 7:00 PM,seven days a week and 11:00 AM to 10:00 PM for private events. -8.WINE TASTING:Wine tasting is permitted.The maximum sample size for the tasting shall not exceed one ounce. 9.PRIV ATE EVENTS:Private events such as staffmeetings,specialnew release tastings,bottle signings,vendor presentations,~d other winery related business are allowed.These events are limited to once a month with hours of operation from 11:00 AJ.\1 to 10:00 P.'v1. Entertainment is riot permitted during these events. 10.PROHIBITED USES:Service of alcohol for consumption on-premises beyond the minimum allowed for a wine tasting is not allowed. 11.OCCUP ANCY:The maximum occupancy shall be as req:uired by the Fire Code. A'ITACBM:E:Nt 3 Page 1 at'1 -... ... From: To: Da'te: Subject: *************** Marilyn D.Cosden J --------------Administrative SeGretary---~------------------------------------------------------------------------------------------------------- Community Development Department Town of Los Gatos 408/354-6874 Email:mcosden@losgatosca.gov *************** »>Debra Figone 10/3/2006 10:57 AM »> For the record »>LOUIS GODOY <Iouisgodoy@sbcglobal.net>10/2/20064:08 PM»> Greetings,my nae is Louis Godoy,I am a Realtor with Synoptic Real Estate Group in your lovely town of Los Gatos.Collectively as a office we are very happy and .feel honored to be able to do business in Los Gatos and are always looking to help people and new business move in and expand in the community. We as an office also share love of a a culture that is affectionately equated to Los Gatos,the love of wines, which brings me to the heart of this communication.We understand that a winery "Clos Le Chance" from Morgan Hill is hoping to open a tasting room in the community and being a big fan of the wine s and great food (as I was chef for many years in area restaurants and hotels)thought this would be a win win opportunity 'forboth the winery and the people of Los Gatos. So at this point I am not sure who I would have to contact to voice my support for this idea,but I thought I would begin at the top and perhaps you would forward this to the proper person. I ho.pe you can join us in the support of this venture and we can all help them to succeed "Here's to a long lasting and successful partnership......Cheer's". Regards, Louis Godoy Louis Godoy -Realtor Synoptic Real Estate Group Cell:408.410.3629 Office:408.358.2717 Fax:408.358.2729 www.sv.:noptic-reg.com AITACBHENT 4 file://C:\Documents and Settings\vnguyen\LQcal Settings\Temp\XPgrpwise\4522584ETO...10/0312001) (10/03/2006)Vu-8ang Nguyen -Ctos La Chanc!'Winery I would like to take a moment of your time regarding Clos La Chance Winery.It was brought to my attention that Clos La Chahce Winery and Fleming Jenkins Vineyard are looking to obtain a permit in the town of Los Gatos. From: To: Date: Subject: cc: Mr.Nguyen, "Fabi Soliemani"<fabi@soltrans~ction.com> <vnguyen@losgatosca.·gov> 09/29/2006 7:38 PM Clos La Chance Winery <rick@c1os.com> As a business owner in Los Gatos for over 10 years,I would like to express my support.If you allow them the opportunity to open their retail shops and tasting rooms,it will be a great benefit for the residents and business owners of our beautiful town. Please contact me if you have any questions regarding this matter.Thank you again for your time. Best Regards, Fabi Soliemani President &CEO Sol Transaction,Inc. Direct:408-202.0604 Fax:408.358.8881 WW'N.soltransaction.com Page 1 of 1 Vu-Bang Nguyen -Clos La Chance Winery From: To: Date: Subject: CC: joseph dadashadeh 09129/2006 10:45 AM Clos La Chance Winery Mr.Nguyen, Before any thing else let me fIrst thank you for all the hard work that you are doing in the beautiful city of Los Gatos.The reason that I inn sending you this e-mail.isin regards with the pennit Clos La Chance Winery and Fleming Jenkins Vineyard --------are looking to obtain in city of Los Gatos.I -would like to fully support as-a business owner in city of Los-Gatos and great ----------- state of California Clos La Chance Winery and Fleming Jenkins Vineyard in being granted the opportunity to open their retail shops and tasting rooms in Los Gatos.I feel the addition would show our clients appreciation. -. Please contact me if you have any questions regarding this matter. Joseph Adeh Senior Loan Officer Synoptic Financial Services joseph@synopticfinancial.com Phone#408-241-5555 . Fax#408-358-2729 --------------------------------------- All-new Yahoo!Mail-Fire up a more powerful email and get things done faster. -f!le://~:\DocLlments anrl S~tti n p's\vn p'lIVp.n\T.n('.~1 S·p.tti n p'c:\Tprim\YP arnUl;c:p\4 C;1 rFC)C;4Tn Page 1 or 1 Vu-Bang Nguyen -Clos La Chance Winery in Los Gatos From: To: Date: Subject: CC: "Arbel Bet-Shliemoun" 09/28/2006 1:21 PM Clos La Chance Winery in Los Gatos RECEIVED SEP 2 8 LUUI) TOWN OF LOS PLANNING GATOS',D/VISION Dear Mr.Nguyen, I am sending this email to request a strong consideration to be given to Clos La Chance Winery to open a retail and a tasting room in the beautiful Town of Los Gatos. I am a frequent visitor to Clos La Chance in San Martin Road and I enjoy the beautiful vineyards and the very elegant and tasteful tasting room that they have olfered us for so many years. By opening a retail shop and a tasting room close to my office I will be able to frequent the Town Center more often whether for business of for personal leisure. Thank you for considering this. 'Arbel Bet-Shliemoun Director/Owner Uccc.net Information Solutions 408.445.8222 file://C:\Documentsand Settings\vngllyen\Local Settin,gs\Temp\XPgrowise\451BCC4BT...09/28i20U6 (09/28/2006)Vu-Bang Nguyen-City Planning Page 1 J We have heard of the possibility of a wine tasting room at 45 Main St by Clos de Chance Winery.We have known this business entity for over 10 years and strongly support their application for such a business venture in Los Gatos. From: To: Date: Subject: <rfiluk@pol.net> <vnguyen@losgatosca.gov> 09/27/20069:20 PM City Planning RECEIVED SfP 2 8 ZUUh TOWNOFL '. PLANNING ODS GATOS IV/SiaN Robert and Heather Filuk 17180 Crescent Dr Los Gatos,Ca 95030 A P PEA RAN C E S: PRO C E E DIN G'S' why I had the concern.(Inaudible)Toyota,an employee of Clos La Chance regarding the availability of the subject i location for the business;I called her when I found out Los Gatos Planning Commissioners: Assistant Director of Community Development: Town Attorney: Phil Micciche,Chair John Bourgeois Michael Kane Tom O'Donnell Lee Quintana Steve Rice Joanne Talesfore Randy Tsuda 'Orry Korb 5 , COMMISSIONER KANE:(Inaudible)...the issue as to COMMISSIONER RICE:What's the prOduction capacity CHAIR MICCICHE:Thank you.Any questions of the I applicant?Commissioner;Rice. that it became available,and I did this prior to the site i to the existence of the• iprl.or I i decision itself and application. 14 11 12 10 13 Vicki L.Blandin (5101 526-6049 'l'ranscribed by: 12 11 14 13 10 15 15 in cases of the two wineries? 16 16 RICK TOYOTA:well for Clos La Chance it's 60,000 17 18 19 20 21 17 18 19 20 21 i cases a year,which believe it or not,makes us actually a small winery.Having wotked for Robert Mandavi prior,where the winery itself produbed over 300,000 cases,and then you add some of their other labels and it went well over 10 million cases;you have to put it in that perspective.I 22 23 24 25 22 2] 24 25 believe for Fleming Jen~ins it's much less. i GREG JENKINS:'We're under 1,500 cases per year. We need to grow signifi~antlY to help our economic vitality and viability,and havirig a tasting room is the major way ~ I LOS GATOS PLANNING COMMISSION 9/27/2006 Item 83,45 W.Main Street I LOS GATOS PLANNING COMMISSION 9/27/2006 Item "3,45 W.Main Street 2 VI that.many wineries are able to have t.heir products .out in ! RICK TOYOTA:ihank you. front of,other people.We get calls all the,dme,'everyday practically,people asking where's our tasting room,where CHAIR MICCICHE:'I have three cards here.Let me get a clarification on the first card.Both you and your can they come see uS,and we have no location at this point.wife are going to speak,is that why I have two cards,'Mr. COMMISSIONER RICE:Does the ABC license that allows you to have a tasting room prohibit you from selling or displaying,allowing tasting of wines other than your Farhad? FARHAD:No,just one. ! CHAIR MICCICHE::Just one of you is going to 8' own? RICK TOYOTA:Absolutely.In fact Ulat's why we have to have two,we're running off two separate licenses. ,,I more tasting rooms basically,two more.You can call it different names,but bas~callY they are tasting rOOms. FARHAn:Thank you,sir,for giving me another I chance.Within the address that the applicant is requiring I you to give ,him permit tq put a tasting room,there are two ends of the podium.Or yqu can do it like Citizen Ray does and do it at the last monlent if you choose.Mr.Farhad. speak?Okay.Then I will ,just call one of the cards then. Again,if anybody would like to speak on this item,please fill out one of these caids and turn it in at one of the 11 14 10 16 15 12 13 So in the conditions,the factCOMMISSIONERRICE: We're running off an extension .o-f each .of .our winery licenses,and under that extension,under the type two,it facility that they produce the wines t.o sample and to sell allows the wineries to have one locati.on offsite of the other winery besides our own. off-premise their wines.We cannot .offer wines from any 10 11 15 14 16 12 13 19 Ibecause the ABC requires that as well? 21 Irequired by ABC. 18 land Fleming Jenkins,that's a non-issue for you because, COMMISSIONER RICE:Thank you.That's all. And what's going to happen if the day after tomorrow another winery qomes down and says,"I need a place in this place. Within walking distance there is Los Gatos Coffee Roasting 23 25, 24 17 22 ,alcohol policy that the ~own has,this application has no 18 I Company,there is Cafe Rouge,and I think there is French 19 'Wine Cellar obviously;that's a different one.So within a 20 Iblock we are talking about three wine tastings. Now to be hone~t with you,I think with the strict21 Any other questions at this time? RICK TOYOTA:Yes,it'S a non-issue,because we're CHAIR MICCICHE: Okay.Thank you.I'm going to open up to the public and we'll call you back. that it says you can only sell products from Clos La Chance 24 23 25 17 20 22 LOS GATOS PLANNING COMMISSION 9/27/2006 Item H),45 W.Main Street 3 LOS GATOS PLANNING COl1MISSION 9/27/2006 Item .3,:45 W.Main Street 4 tasting room because I want to grow"?And there·are 62 of 2 I them from Mountain View to Monterey Bay.Are ·you going to 1 las tasting rooms in the ,area to support the local wineries. 2 I Los Gatos and the Santa ;cru·z Mountain wineries do not. tomorrow when there is another winery coming down and The whole question is what are you going to do concentrate only on Santa Cruz Mountain wines. deny them?Are you going to accept them?It depends·on your ,.' I've come Did you want to pass that letter "Thank God we have something here local ·wines."So just wanted to CHAIR MICCICHE: ! anything like that;it'a different level. I think it wi 1 draw locals to the community. had many people,since he approval of our application, More people will walk d4wn the street.The way that it's done,it's done very re$ponsibility,very professionally.If you go to their tasting :room,they have an educated staff, so I'm not really worri~d about it becoming a wine bar or you have along? Los Gatos is ~perfect spot to support Some of 4 I these wine growers and a'lso wine makers,because one thing i about this area,and I'~e gone and tasted so many wines in this area now,it's realily hard to get to some of these places,and having a ta~ting room that has two local wineries to be able to ~epresent their wines,I think that's, important.I I . I also think qhat it will add to the diversity of I the local businesses.I ifeel a li ttle bi t differently from Ithepersonwhowasspeaking before.At least on Main Street, : 16 15 24 18 17 21 IUP to me and Teri and s~y, 22 Jnow that can showcase oJr ..i 23 ,g1ve my support on th1s.i 10 u 19 11 12 by having another tastiqg room in addition to the French 13 I wine Cellar I·think will be beneficial to our business too.! . 20 25 Any questions?Seeing none,FawnCHAIRMICCICHE: very easily release its wine to the existing tasting places, tasting places.That's the question.Thank you. decision tonight. The winery who is asking for the wine tasting can like to give this·~o you. And then I'd also like to speak on my own behalf A.Skyles. and·they can grow from there.There are two places which th~y specialize as far as I know.One .of them is Cafe Rouge; the other one is Los Gatos Roasting Company,who they or Napa,usually have quite a bit of representation as far that I'd like to support backyard wineries,and one reason is because most other wine regions,whether it be Healdsburg fAWN SKYLES:I'm Fawn Skyles,18065 Lavern Drive. I am working with Ter~Hope with the Los Gatos Coffee Roasting Company and I brought with me a letter of support from her.unfortunately she couldn't be here tonight,so I'd asking?This whole central block would be full of wine 24 5 H 10 18 25 19 23 11 17 12 13 16 15 21 22 20 L9S GATOS PLANNING COMMISSION 9/27/2006 Item *3,~5 w.Main Street 5 LOS GATOS PLANNING COMMISSION 9/27/2006 Item *j,45 W.Main Street 6 ___-l_~..__,~_.__-~.' FAWN SKYLES:I will,please. I CHAIR MICCICHE:'I do have one more card.Mr. CHAIR MICCICHE:Can you bring it to this area?Do 2 IGeorge Montanari. we have any questions of this speaker?seeing none,I have GEORGE MONTAN~I:My nillne is George Montanari,I, no more cards.I have a lase minute one.Mr.Citizen Ray. and all the other stuff that you're so very familiar with. However,I heard this gentleman from Cafe Rouge make the RAY DAVIS:Well,shu~ks.I was all set to give you a reasoned argument based on zoning,land use permits, ;I~ having it being tasted,ike be~ng wine,cheese,or whatever the situation is,it wOU d be great for the Town. wine shop district or getting too many licenses,I'm sure ! the Council and the Pla~ing Department and Staff can deal with all those issues as they come up,like ehey've dealt i with all the other issues.Thank you. ! It is not a baf;it closes at 7:00 o'clock.If I you've ever been up to T~starossa,usually there are just i two or three people up t~ere.Very measured drinks.If you want to buy some wine,ybu can.It's a very enjoyable.i experience;all adult age groups go.It doesn't turn into I any kind of ruckus or anything else. I And the concer~s that people have of i.t being a 4 jlive at 160 Long Meadow Drive in Los Gatos.I've been a 17 18 19 15 12 residene here for 20 som~odd years,and I firse of ail I want to thank everybody for sitting here'and doing your jobs I late at night.I've been ion both sides,and,you guys do really a g~eat job,and someti~es the people in the audience can give you guys a lot ~f grief,and I appreciate you guys I having patience in deali+g with excited audience members. I'm in favor of the wine tasting room.I think the 11 I .: concept of a business having their products out there, 23 22 21 10 16 u 20 H 13 I mean this thing is just getting started.You thousand,fifteen hundred,why wouldn't they start their think this man's caveat,his cautionary comments,are Plazz with a thousand,fifteen hundred,maybe two thousand people down there,and the wine tasting district,which it would be potentially when it gets operative,this 'same juse had the Cafe Rouge recently approval.You just had Teri Hope'S place recently approved.It'S just getting started.I potentially dedicated to wine tasting? Then on a Wednesday night you got Jazz at the think you better think deeply about the Town's alcohol Jazz in the Plazz an hour early by coming to the local wine tasting shops,a little sip if you will,or two,or three,' policy relative to this potentially precedent se.tting, repeat,precedent setting,land use permit. or four,or five,before the music starts?Why not?So I case:What do you do when you have a downtown area that's u 12 H 23 11 10 15 13 16 18 19 22 2i 17 20 25 beautifully appropriate.,Thank you.25 LOS GATOS PLANNING COMMISSION 9/27/2006 Item *3,45 W.Main Street 7 LOS GATOS PLANNING COMMISSION 9/27/2006 Item .3;45 W.Main Street 8 I,f I wine,or hopefully six c~ses of wine. This really is!a showcase for our winery.It's a I little bit different thah some of the other businesses that i are offering wines from a variety of different producers..i There'S a secondary bene~it that'S so important to us,which I is to give us a location;to showcase our products.We do, sell our wines through o'ther venues,and ql1ite frankly we seli more of our wines through other venues,but tasting rooms really are showcases for our products,and that's as 7 of wine,we can't do that.They are simply samplings.They•I 2 lare controlled samples;~here's a limitation to the sampling,and as a resul~,I think we will have minimal situations with abuse.Wf even have a fee attached'to those to discourage people fro~abusing the benefits of going to a I l tasting room and tasting,because now we're giving them an I investment to actually buy a bottle of wine or a case of 15 12 H 11 10 13 I think that we bring a bit of versatility, because we are different than the other businesses that are Healdsburg and other towns where wine is actually part of here.We are representing producers from the Santa Cruz Mountain region,and I think that's a benefit to.this area what's worked very successfully in some other areas like rebuttals. and the number of tasting rooms here. I think one the best examples we can give you is the community.They have put limitations,.and that would definitely be up to you folks who make~hose determinations CHAIR MICCICHE:Any other speakers?One more time.Seeing none then,I'll bring the applicant back up for RICK TOYOTA:Well,let me address some of the concerns that were addressed here about the tasting rooms as future applicants,if any do,come forward. 15 12 10 14 11 13 16 as well.The Santa Cruz Mountain is one of the oldest and 16 important to us as actua~ly selling the quantity of wines. Within the framework of the.policy that the Town has on alcohol,I think Le fall well below the requirements. i Like I said,we are not rffering wine for consumption for sale.The tastings are sitrictlY limited;they go below the amounts that a regular gilass of wine would be offered.They Chardonnay."We can't Someone can't come in 1'1 18 19 20 21 22 23 H 25 most historic wine growing regions in the state,and it doesn't get its due because many of our neighbors in the north do have a lot more publicity and a lot more notice on their wines.But this Tegion really does have some wonderful wineries.I think both of our wineries are good representations of those.There are many others here as well. Because of the restrictions that we have on what we're offering,we're not a bar;we're not offering glasses 'LOS GATOS PLANNING COMMISSION 9/27/2006 Item 83,45 W.Main Street 9 17 18 19 20 21 22 23 24 25 are also in one-ounce measured pours,which are stretched I out over a period of tim~and not poured all at once. I And say,-Give me five pours of your i dol that;we won't do that.We also I I ! LOS GATOS PL~ING COMMISSION 9/27/2006 Item 13;,45 W.Main Street i I I 10 ---~----_....~~-~_..~---------------I. someching like that as well. have our ABC 1 icenses chac we're ,noc going co risk co do those concerns will be well addressed. of these events and I think we fall well below that.We're ,I We've goc whac.15 or 20 hearing and open ic up co or a mocion.Commissioner public I sJaff. i i IKANE: I I COMMISSIONER commencs,questions of Kane. I'm going to close the letcers thac have been provided to us conighc,and I didn'c I see anyone objecting.wa~there one chac had concerns?I .I just wanced to ask,because they all look favorable;thac is I to say again,the neighborhood seems to be in favor of this, ! i We're noc trYi~g co be highway 29 in Napa Valley. One,we don't have enoug~wineries co do chac.and two,I I . don'c think anyone here wancs to see chat,including us..,I What we're looJing at are ex~nples like !'Healdsburg,or a Sainc H~lena,or even the downtown Napa area where chey have pladed limicacions on how many tasting rooms there are there,and it's within che (nix of the restaurancs,of che bouciques and shops,and ocher things, I and chac has made che ca~ting rooms a very welcome part of the business community iJ those areas. I CHAIR MICCICHE;Any other quescions?Thank you. 5 16 14 17 18 15 13 11 12 10 Thank you.I'm going to open icCHAIRMICCICHE: calking about winery business that may relate after hours. COMMISSIONER QUINTANA:You mentioned limitations One last point real quick.I notice,especially chat Healdsburg is placed on wine tasting.Could you che limitation on ho~many pours as well.So I think some of not really talking about the same type of activities.We're with the last presentation,there is a concern with the up to some questions here.Commissioner Quintana. definition of events,and under our conditions there is less have a measure definicion;they jusc say 'cascings and off- premise recail.'We puc in whac we considered an induscry scandard thaC most wineries do with the one-ounce pours,and In facc,the rescriccions chac we've self-imposed I. are scriccer chan whac che ABC has.In che rules,they don'C 5 14 10 17 11 18 16 12 13 15 19 20 21 22 23 24 25 elaborace on that? RICK TOYOTA~'Yes.I believe chey actually have limited how many casting rooms can actually be in the town square area of Healdsburg,and I think it's four or five. They wanted to preserve the mix of the differenc businesses there,and I think that's what's successful about locations that have done that. 19 20 21 22 23 24 25 the speakers seem to be in favor of chis. I do have someJhing I wanc co add and I'll I disclose that I've discussed ic wich Commissioner Talestore I insofar as a concern we have of,somebody phrased it as i 'Tonto put ear to ground;Many,many buffalo coming,'chat I . in fact there may be man~additional applicacions for this developing business in tdwn,and however this discussion I, I LOS GATOS PLANNING COMMISSION 9/27/2006 Icem *3,45 W.Main Screec. 11 LOS GATOS PLANNING COlofMISSION 9/27/2006 Icem n"45 W.Main Streec 12 22 I change,and as its changed and become what it is today,, increasingly the local residents are complaining about the i .d .because the concerns th~t are ra1se are va11d concerns and lack of local serving b~sinesses at the expense of businesses that are ori~nted towards tourists.So it may be I would agree with theCOMMISSIONERQUINTANA: basic sentiment,but I would also point out that over the last six months this isi the third application for tasting. ! previously there's only,been one in town,that's an increase i of 300%,so.I think it is somewhat more immediate that we i have guidance on numbers. I I'll also give some input of observations,having I visited Healdsburg often over the last 25 years because I i have some very good friends there,and I've watched the town ahead of the curve.So I think I agree with the sentiment of what Michael is saying. CHAIR MICCICHE:Cooonissioner Quintana. at some point we've got to say wait a minute,but that would be in my judgment not y~t,and in a sense it's kind of a nice problem.It means bhe people see this as a very successful thing,that'~why they're coming in.The Town can then say we want to p,oFect our mix,and I'm a hundred percent for that ..50 I guess it's a good.thing to say to the Council'this is nice,t~ese people are all intere~ted in this,but keep your eye,on.You can think about it,you can keep tabs on it,and then if we need something,we'll be 5 9 21 20 8 2( 15 19 14 13 11 18 11 12 23 25 10 16 COMMISSIONER O'DONNELL:Speaking to Commissioner looks like it'S being overdone,the Town does look at it and CHAIR MICCICHE:I think the minutes will probably But I would like to know what·the Town/Town things like that.I think it is premature to say the Town development and whatever mo.tion is put forth;I was hoping does adopt,one,interim ordinances moratoria,and other how shall we adjudicate these questions in the future to what the Town wants for the future regarding this the alcohol policy.was intended to address this phenomenon, consistent with what they want the Town to do?I don't think we could strongly communicate that we need their guidance as Council should adopt sOlnething,but I don't think it's premature to say the Town Council should be looking into it, Planning Deparbnent and the Town Council I think we do need we have anything right now that addresses this new Kane'S point,I think in our history here when something 0'Donnell. now reflect what you want,Commissioner Kane.Commissioner potential identification.Thank you. goes tonight,I'd like to,through the Chair,advise the issues as has come before us before. new guidance policy regarding wine tasting.I don't think Council wants and what it sees in its vision for the future, this new thing that's happeni~g,and I don't think there's an issue with selling glasses of wine or police control 20 11 12 14 18 10 25 24 19 22 11 :il 13 23 15 16 LOS GATOS PLANNING COMMISSION 9/27/2006 Item M3,45 W.Main Street 13 LOS GATOS PL~ING COMMISSION 9/27/2006 Item 13,45 W.Main Street i 14 COMMISSIONER TALESFORE:Do you want us to comment RICK TOYOTA:~ou're talking an average of on a 2 Ibusiest day of ten custobers an hour.That's not unusual. out ·first. I'd like to have the questions Okay. i and then we can move on? i CHAIR MICCICHEj: I ! COMMISSIONER ~ALESFORE: ! as well, a welcome part of the business co~nunity,but it may or~may Talesfore. then I may have a cOllunent to Staff_ So I'm understanding that this is a new type COMMISSIONER TALESFORB:I do have a question,and not be as welcome a part of the community as a whole. CHAIR MICCICHE:Is that i·t?Commissioner business actually.It's not a restaurant,it'S not a bar, it's not a retail.And what I'm ndt concerned about,but 20 Iper day,is that i~cluded in that? 19 I COMMISSIONER TALESFORE:And the 100-125 people That's my only question. eOURGEOIS:Because there is no meal It'S the same. I'iRight. I aOURGEOIS:But as far as the tasting COMMISSIONER aOURGEOIS: component,wine bar component.In this case it does not have COMMISSIONER BOURGEOIS:I just want to clarify i with staff that what's before us here and what the I application is is not S~gnificantiy different from what 9 13 14 la wine bar component,id has wine tasting and associated 15 Iretail.So in the scope ~f it,it is actually less and that I 16 I you cannot purchase a fJll glass of wine,you can't purchase i l"1 Ian entire bottle of wine for consumption. i 2( 18 I COMMISSIONER 19 Ibeing served? 20 RANDY TSUDA; 21 COMMISSIONER 22 goes,it's the same? 2l RANDY TSUDA: 10 I , we've granted to the Ro~sting Company and cafe Rouge. 11 I .! RANDY TSUDA:lIn the case of the Roasting Company, 12 I ; it was a retail establishment that had a wine .tasting COMMISSIONER TALESFORE:No,this is what the CHAIR MICCICHE:Square footage. RANDY TSUDA:Well these types of uses are it as far as traffic impact and parking regulations?How did we do that with this,or how did you do this? the intensity that will develop from this?How do we analyze applicant said that he would expect,I believe.Am I right on that,Mr.Toyota?On a busy day it would be 100 to 125, categorized as a form of specialty retail,so it applies the what I'd like to have clarification on,is how do we analyze requirements,one space for every 235 square feet;it'S the ratio that was applied to the French Cellar and to the standard specialty retail traffic numbers and parking 24 23 11 13 12 14 16 17 21 10 15 18 Igrocery store/tasting area of the Roasting campany. 22 25 on a weekend?Yeah.So is that right?25 LOS GATOS PLANNING COMMISSION 9/27/2006 Item 83,45 W.Main Street 15 I LOS GATOS PL~NING COMMISSION 9/27/2006 Item H3i,45 W.Main Street 16 COMMISSIONER ~E:I'll second it. COMMISSIONER ~ALESfORE:I'll second it ...CHAIR MICCICHE:Any mot~ons or cOIDn,ents? COlnmissioner O'Donnell,go to it. COMMISSIONER O'DONNELL:I would move that we COMMISSIONER ~ALESfORE:...but I also had a reco,nmend to the Town Council the approval of this 4 I question,and that is that Tom change.Condition 16 so it's application,and I would include in that that we can make the findings as set forth in Exhibit A,that is to say that .s 11:00am to 7:00pm. COMMISSIONER O'DONNELL:Absolutely. the project is categorically exempt under 15301 of the state guidelines;and that the proposed.use is,I would say, desirable to the public convenience or welfare;and will not COMMISSIONER TALESfORE:Okay. COMMISSIONER P'DONNELL:I was just concerned, , since Randy had his han~up,that maybe I needed to do 10 at this time impair the integrity or character of the zone; 19 Ithe conditions are concerned;they're set forth on Exhibit COMMISSIONER TALESfORE:Right here. -If Well let me ask a new'bottlings,trainings for the There will be apparently wine COMMISSIONER O'DONNELL: RANDY TSUDA:,well,one point of clarification is that they are requesti~g that these winery events be allowed I to go until 11:00pm,w~ich is beyond the 10:OQpm stated in the alcohol policy.You~would need to make that special i finding. question on that.I:gue~s I get back to the question of •I confusion on special events.So would you explain to me your understanding of what t~ey're asking for as a special event? RANDY TSUDA:I Well it's really a winery related business event.It can be a presentation from vendors;it something.else? available at these sess~ons. COMMISSIONER P'DONNELL:Is this to be open to the general public? can be a presentation oi f staff,things like thatl. 23 24 16 19 16 14 13 20 21 12 17 10 15 11 22 25 I'll second it. Who seconded it?CHAIR MICCICHE; COMMISSIONER KANE: CHAIR MICCICHE:Do I have a second? would not be detrimental to the public health,safety,or B.i will not read.~hem;they are ten in number,but I would include those in my motion. general welfare;and would be in harmony with the variou~ elements or objectives of the General Plan and the Town Code;and to continue that the proposed project is consistent with the redevelopment plan of the Central Los Gatos Redevelopment Area;and there is no service proposed after 10:00pm,so the Town'S alcohol policy as to that regard is not applicable. I think those are the complete findings as far as 14 13 23 24 25 12 16 11 17 15 20 18" 22 21 LOS GATOS PLANNING COMMISSION 9/27/2006 Item 13,45 W.Main Street 17 LOS GATOS PLANNING COMMISSION 9/27/2006 Item 13,45 W.Main Street 18 RANDY TSUDA:The way the condition is.worded right now is 'staff meetings,special new release tastings, bottle signings,vendor presentations,and other winery I Obviously there would be!limitations to how many people i could attend based·upon ~he size of our location.To be honest with you,I do not think we will ever need to be related businesses are allowed." COMMISSIONER QUINTANA:Let me say something here. going to 11:00 o'clock.The whole idea of these are after our norm~l operating hours and may be for an hour or two, ·CHAIR MICCICHE:Excuse me.Do we need an answer and so I could see those;things wrapping up easily by 9:00 to that from the applicant,the question that was just or 10:00 o'clock. asked? And the other part of that is we're looking at 8· COMMISSIONER O'DONNELL:I think yeah.some smaller activities,business related,which I wouldn't Iwanttoevencomeclose~o categorizing as an event,and 10 I I these are things that are vendor seminars and training, 9. 10 11 12 13 14 15 16 RANDY TSUDA:Yeah,I would open that up. CHAIR MICCICHE:I'm going to open the hearing for that one question and answer,if I may.Would you restate your question,Commissioner O'Donnell? COMMISSIONER O'DONNELL:Well I heard you say something briefly about that,and I guess I didn't pay enough attention to it".Would you explain to us?We've been using the word 'special events"tonight,and that's a 11 12 13. 14 15 16 staff meetings.We also ~ant to have an opportunity,which has been successful for ~s at several locations,eo work with some of the hotels where they have small groups that want to do private tastings after hours,and usually tnose take place early in the ~vening prior to then going to the ! dinners that were set up;for th~n and things like that,and 17 18 confusing word.~et's not use special events. RICK TOYOTA:Absolutely. 17 18 those are the things we're talking about. CHAIR MICCICHE~So you wouldn't have any problem 19 COMMISSIONER O'DONNELL:Let's use uncustomary 19 Isaying that they would h~ve·to end by 9:55? 20 /events that do not involve the general public walking in?RICK TOYOTA:~o probl~n at all. COMMISSIONER TALESfORE:Fine. I I'm concerned about how many people there might be.you said up to 1,000 invitations 'inaudible). Thank you. What about the number? CHAIR MICCICHE': I COMMISSIONER 0:DONNELL: 24 21 22 23 20 25 RICK TOYOTA:Correct.What we were looking at, books or bottle signings and things of this nature. these are activities like new release events or signing really ·there are two separate categories.We do have some activities that we are would want to do by invitation,and 24 21' 25 23 22 LOS GATOS PLANNING COMMISSION 9/27/2006 Item *3,45 W.Main Street 19 i LOS GATOS PLANNING COMMISSION 9/27/2006 Item .3;45 W.Main Street 20 RICK TOYOTA:Actually,we would noC be sending 1 COMMISSIONER QUINTANA:May I? ouc 1,000 invications.We'd know we have res~rictions on the size of the location;so we would never exceed chat,because we would be in violation of che fire code in doing so.And 2 4 CHAIR MICCICHE!Is it relevanc to che question chat we opened for,or i~chis a brand new one? COMMISSIONER QUINTANA:No,I think ic's relevanc. code is 53 max,by the way. CHAIR MICCICHE:Excuse me,Tom.I think the fire based upon what's actually going on thac time of che year. really,once again,as far as numbers,ic would be flexible 51¥ou may noc.I do. CHAIR MICCICHE!Oh,well you usually do.Go : ahead,we'll give you on~. COMMISSIONER Q?INTANA:Number one,just to clarify;all of these events chat you were talking about (Inaudible).COMMISSIONER O'DONNELL: COMMISSIONER O'DONNELL:Okay,well,I just want to know if you can take a limit,.I'd like to put a limit in COMMISSIONER O'DONNELL: CHAIR MICCICHE: calking about,like I 7 OOpm? es.We'reRICKTOYOTA: Co do after hours. would take place after to do some of chese private accivicies.Small groups from some of the hotels that we arrange wich,or if we have ~ome' of these scaff crainings and chings like chac chac we need 13 10 15 11 , said,outside our normal business operations we wo~ld like 12 14 Okay. With the fire code max,53. I would easily put the fire code inRICKTOYOTA: there. there with no problem. 10' 14 11 13 12 15 19 locher questions? right now. COMMISSIONER O'DONNELL:Well at least now I CHAIR MICCICHE:.'Well you know,I opened this up And does your ABC license ,, that is usually discrecionary co us,RICK TOYOTA: COMMISSIONER QbINTANA; The larger act vities,which would be by invication,would be things chac we would follow whacever I guidelines are seC chis ~vening. require chat you charge for chese wine tascings during chese that require us to puta~investment in,then yes,we do have a charge for them.If there are certain things like new special events? i . and the way we usually do it is there are certain seminars 19 18 17 21 16 20 23 22 24 25 Yeah,puc the fire code. All right.Do we have Yeah.CHAIR MICCICHE: RICK TOYOTA:Okay. COMMISSIONER TALESFORE: COMMISSIONER O'DONNELL: understand. for one question.I'm noc sure where we're going with this H 23 16 20 21 25 18 22 17 LOS GATOS PLANNING COMMISSION 9/27/2006 Item *3,45 w.Main Street 21 LOS GATOS PLANNING COI1MISSION 9/27/2006 Icem *3,:45 W.Main Street . 22 '.J__'~~,_" release tastings and things.,we probably are not doing it with the intent to sell wine. And if I may really quickly,one other condition on here that I think needs to be ...because it's in contradiction to that,is that we would like to see the RICK TOYOTA:I~'S only once a month anyway. COMMISSIONER O'pONNELL:Right.Then those events could be a retail sale of l wine up to 10:00pm,not past 10 :pm.And on number n i nei·.. RICK TOYOTA:That was ten? exception of being able to sell wine at those after hour events outside that timeframe of 7:00 o'clock,and only COMMISSIONER O'DONNELL':Yeah.Instead of 11:00pm, it would become 10:OOpm.;1 think that covers,the two points. be able to sell that wine. CHAIR MICCICHE:We'll take that under advisement. becquse if we're doing like a new release event,we want to motion and then (inaudible)? ·f ,} CHAIR MICCICHE:I Does the seconder agree with i I, COMMISSIONER TAlESFORE:I would agree to that, i i CHAIR MICCICHE:'Okay.Questions? ! COMMISSIONER QUINTANA:Yes.Given that the those amendments? i applicant has stated tha~there,events that are outlined in condition .9 will occui ~utside the regular busineis hours, I would ask that the mak~r of the motion change that to read yes. 15 14 10 12 11 13 The motion,I just want You may,and it's been seconded.CHAIR MICCICHE: COMMISSIONER O'DONNELL: to amend it,and illfiend it in a couple of places.One,as Thank you.I'm closing the public hearing right now. COMMISSIONER O'DONNELL:Can I go back to my 15 12 14 11 10 13 16 17 suggested on paragraph seven of the conditions,the 11:00am to 7:00pm,seven days a week,would be the general rule.On 16 17 from 7:00pm to 10:00pm. COMMISSIONER 0 ';DONNELL: I I'm sorry,I'm just 19 Iwhere there would never be'more than the fire code allows as 21 Idetermined to be special events such as we've just 20 lEar as people withiry,and indeed they would have to be 16 Ispecial events-I'm going to have to use that word,I guess- CHAIR MICCICHE"Why would we nistrict? would occur outside the normal business hours.The normali.. business hours are 11:00 ito 7:OOpm,so that implies that these events would occur 'from 7:00pm to later. staff meetingsl new beve~age release tastings.ec cetera. 23 2( 21 16 Imissing the point.! i 19 I COMMISSIONER QUINTANA:The point is that the ! 20 lapplicant has stated thaq all of these 'special events,· 22 25 taste wine,but new releases,teaching about wine,that kind the day'S business. of thing,truly special events,not merely a continuation of discussed.In other words,not simply inviting people in to H 23 25 22 LOS GATOS PLANNING COMMISSION 9/27/2006 It~n .3,45 W.Main Street 23 LOS GATOS PLANNING COIoIMISSION 9/27/2006 Item n,'45 W.Main Street I ! 24 COMMISSIONER O'DONNELL:Let me just .ask this .. CHAIR MICCICHE:I dDn't think it's arbitrary.He i questiDn:My understanding is if they wanted tD have peDple come in and talk abDut wine during the day,there is nD prDhibitiDn.SD I dDn't exactly knDw why putting sDmething special in nine solves any prDbLem. COMMISSIONER QUINTANA:There's nD prDhibitiDn, 2 lagreed tD it. i COMMISSIONER KANE:Well arbitrary as it'S here 4 land now,but I'm just wondering did we dD anything different for Cafe Rouge Dr Los G~tDS CDffee RDasting? CHAIR MICCICHE:What's the difference? 18 ltD accept that request. 17 I that I think would be cDunterprDductive,SD I wDuld decline but the applicant has stated that that's nDt their intent, and the General Plan says that if the applicant has stated sDmething as a descriptiDn Df their prDpDsal,that it shDuld COMMISSIONER TALESFORE:ND. l,t think it is cDnsistent. Let's take it,right. COMMISSIONER iANE:GoDd,let'S dD it. CHAIR MICCICHE:Anything else?cDmmissioner CHAIR MICCICHE: CHAIR MICCICH~:Yeah. COMMISSIONER KANE:Okay. CHAIR MICCICHE:Yeah,I think it is tDD. I COMMISSIONER TALESFORE:That's why I allDwed it. COMMISSIONER ~ALESFORE: COMMISSIONER q'OONNELL:And·I'm trying tD stay I away from the Town's alcohDl pDlicy after 10:00pm.I think I it's to their advantage 'and they've agreed to it. 8 COMMISSIONER KANE:Oh,my CDncern is cDnsistency. H 16 17 10 15 12 18 1-1 13 COMMISSIONER QUINTANA:That's okay. COMMISSIONER O'DONNELL:Simply because I don't COMMISSIONER O'DONNELL:Well,I wDuld decline tD be included in the cDnditiDns Df apprDval.That's my pDint. accept that,and I'll explain why. think it hurts anything tD have those kinds of things gDing Dn in the day.In fact,we'd all prefer to have them befDre. 7:00 rather than after 7:00,SD tD in essence discourage 14 11 16 10 15 12 13 19 IBDurgeDis.19 20 21 22 23 H 25 CHAIR MICCICHE:Okay,it'S been declined.YDU dDn't have to dD anything.Anything else.CDmmissiDner Kane. COMMISSIONER KANE:Well the applicant's asked for 11:00 D'clock and I think we're mDving it toward 10:00 D'clock.,and if 'that's an arbitrary discussion,I wanted tD know if we've done any ...Pardon me? 20 21 22 23 H 25 COMMISSIONER BOURGEOIS:I was wDndering if it I might also be prudent,Jince the mDtion is just a recommendatiDn to Counc~L also to ta,ck DntD that,that council gives some ...I'm alsD very cDncerned about where this tipping pDint is'iri the number of facilities. COMMISSIONER TALESFORE:AbsDlutely. LOS GATOS PLANNING COMMISSION 9/27/2006 Item .3,~5 W.Main Street 25 LOS GATOS PLANNING COMMISSION 9/27/2006 Item .3,45 W,Main Street I 26 CHAIR MICCICHE:Yeah,I think we do that in our comments that we would look for that from the Town Council. COMMISSIONER BOURGEOIS:Okay. reasonable,so where do we stop?And again,emphasizing that in the last six months t~is particular (inaudible).okay? CHAIR MICCICHE:And I think we all agree that the CHAIR MICCICHE:I don't think that should be part of the motion.Anything else? COMMISSIONER QUINTANA: (inaudible)? So do the comments 7 council should look at t~at.If there's nothing else,I'd like to call the motion.All in favor?Against?Vote is six to one,with Commissioner Quintana dissenting.Appeal rights? CHAIR MICCICHE:The co~ents have been made for them to look at.It's already been stated in the minutes, ORRY KORB;This action is appealable.Actually, let me take that back.This is automatically forwarded to 10 unless we want to restate them a different way. 11 12 13 14 ,IS COMMISSIONER KANE:Restating might not hurt. CHAIR MICCICHE:Or we like to hear ourselves talk again or something,I'm not sure. COMMISSIONER QUINTANA:Okay.All right. CHAIR MICCICHE;Do you have another comment, Commissioner Quintana? 10 11 12 13 14 15 the Town Council. CHAIR MICCICHE;:That's the end of it.Thank you. (END) ,J'f. 16 COMMISSIONER QUINTANA:You know,'this is a very 17 Idifficult one for me,because basically I think the idea is 18 'I good,but what is the tipping point?And by voting for 16 17 18 19 20 21 22 23 H 25 recommendation,we're sort of saying yes,it's okay. So basicqlly I am in favor of it,but because I have to cast my vote one way or the other,I'm going to vote to not recommend,so that I can emphasize the point to Council that we need direction on where they're going with this in terms of the acceptable number,because each application that comes before us on a case-by-case basis is LOS GATOS PL!\.NNING COMMISSION 9/27/2006 Item H3,45 W.Main Street 27 19 20 21 22 23 24 25 LOS GATOS PLANNING COMMISSION 9/27/2006 Item H3"45 W.Main Street 28 Sallie Robbins-Dmian &Jay Dmian The French Cellar 32 East Main Street FROM: TO:Los Gatos Town Council:Mayor Diane McNutt,Vice-Mayor Joe Pirzynski,' Council Members Mike Wasserman, Steve Glickman and Barbara Spector .Los Gatos Planning Commission Members Los Gatos Town Manager Debra Figone RE:Wine Tasting BarslRetail Wine &Wine Service Venues in Los Gatos It has been brought to our attention by Teri Hope,that a few members of the Los Gatos Town Council have asked her opinion regarding the proposed tasting room/retail wine/high-end wine accessories shop "Backyard Wineries",Considering that Los Gatos Roasting &Deli (the deli portion now "Los Gatos Gourmet")will only be allowed by the ABC to serve wine with food as a restaurant/eating-place type licensee,we wondered why the inquiry was to a dissimilar business,considering the close proximity and like- licensing of our wine shop and tasting bar;"The French Cellar".We recall that Los Gatos Roasting Company was given a green light by the Town Council to proceed on all major aspects of the application,with some adjustments.A Pandora's Box was opened, and some people observed that if these licenses/permits were given approval to proceed to one party,in all fairness,they likely could be given to all who apply. We now hear on the street,that other vineyards are following very closely the Clos La Chance and Flemings-Jenkins application -and if "Backyard Wineries"is successful, they will be making the same application when their leases are tentatively secured in town.The "buzz"and "rush"to open primary/secondary vineyard tasting rooms,more retail wine shops (including the franchise "WineStyles"and th~former partners of "Uncorked!"in Saratoga)and CUP applications/changes for sandwich shopslburger shops to serve wine in the core retail downtown area is building.We forecasted this movement in our letter to the Town Council and Planning Commission April 14th,with regard to Teri Hope's multi-venue CUP application,and the run to similar applications by other local vineyards,shops and restaurants. Please understand that while "The French Cellar"is a business exclusively dedicated to . the wines of France,it does not mean that we stand alone in growing our customer base, unaffected by other wine competition and venues.Wine is wine,and a hand-sell to taste or varietal.We continue to have wine merchants and vineyard owners inform us 'that they are looking to open in downtown Los Gatos -and near us.The comm<:m denominator among them all,is "tasting room/wine sales"-including the possible lease of available rental space across our street and across the bridge on Main Street.No one seems to be interested in developing a tasting room or appellation co-operative in another part of Los Gatos,where there may be better freeway/road accessibility and parking.These potential new wine venues admit that their location preferences are intended to feed off existing,popular businesses and hotels,in the immediate walk- Exhibit K about areas ofthe core business districts on North Santa Cruz and University avenues,as well as West Main and East Main streets.For such businesses to operate successfully downtown,they need adequate street or lot parking,unless the emphasis is only on casual walk-in tasting,or the sales of one bottle at a time.However,all of this may be a mute point,if the ABC 2005 New Moratorium for Type 20 permits in Los Gatos is true for the next four-plus years.Please refer to this link www.abc.ca.gov/pelmits/pennits.html for the listing. Nonetheless,we are approaching our tenth year in business in Los Gatos and must plan for the future. We will be up for renewal for the next five year lease.We will be ..thinking very c.ar~ful1Y:aQQuLthe yalueof Qur location"~sp~ciallY ifYL~.fincl.Qms~l\,es _._."..__. surrounded bywine shops or tasting rooms selling retail wine.We have helped to anchor. East Main Street with our lease committment and personal dedication,added to the ambience and balance to our slow but persistent developing street,and supported the community.We patie:ntly waited six years fOf the opportunity to app ly for a tasting permit.We have watched the interest in wine businesses in Los Gatos explode since March,and we would say that the time is now for the Town Council to take control and consider a limit or town moratorium on tasting room/wine retail shops,as well as those permits.to serve wine with food in the immediate downtown,including East Main Street.At the very least,for the record,please consider limitations of wine venues on a per street basis if a moratorium is not an agreeable option. And if the Town is interested in her historic ties to the many excellent and high- profile vineyards in the Los Gatos Hills and Santa Cruz Mountains,then create incentive programs for those ABC permited vineyards to open tasting rooms/wine sales in other attractive parts of town.We are bursting at the seams,with too many like-business categories in our downtown area.And apart from the changing landscape ofretail in Los Gatos,we are facing a potential crisis regarding the approval to issue alcohol permits, particularly with the serving of wine.We ask that you create a plan for balance now,for the future of downtown and the community of Los Gatos in general. Sincerely Yours, Sallie Robbins-Druian &Jay Druian . Exhibit L . " ReCeiVeD - ---------...--.-----.-.------.--.-.-----------------8£p·---------.-.-- row 1 .Cl 2006 PI 11 ,N OFLo -"IIIII/N s GAr G D/v/S as/Oty 09/19/20062:01 PM Conditional Use Permit for Backyard Vineyards To:Vu-Bang Nguyen,Assistant Planner Town of Los Gatos -Community Development Department Date:09/19/06 Cordially, Marie Tallman V.P.Marketing Opera House 140 West Main Street Los Gatos,CA 95030 408.354.6080 PH 408.399.0608 Fax www.OperaHouseEventSite.com marketing@OperaHouseEventSite.com Vu·Bang Nguyen·Conditional Use Permit for Backyard Vineyards Page 1 or 1 From: To: Date: Subject: CC: file://C:\Documents and Settings\vnguyen\Local Settings\Temo\XPgrpwise\450FF84AT...09/19/2006 On behalf of the Opera House Event Site,please accept this in support of the Clos LaChance/Fleming'Jenkins conditional use permit for their Backyard Vineyards retail shop and.tasting room to be located on Main Street.Sadly,there has been a negative change in economic health of downtown Los Gatos visible by the number of vacancies.Having locally owned businesses has been one of the charms and character of of the Town,but the high cost of doing business in Los Gatos has discouraged the independent merchant.The partnership of Clos LaChance and Fleming'Jenkins wineries to open a shop in downtown will bring renewed interest to Main Street,bring attention to the wonderful local boutique wineries,and also enhance the quaint and charming characteristics that is associated with Los Gatos.Downtown Los Gatos needs to be reo vitalized and this is an opportunity to support a local business that can help in increasing foot traffic to other businesses,as well. Thank you for your consideration in approving the Conditional Use Permit for Backyard Vineyards. Page 1 of 1 Vu-Bang Nguyen -Backyard Winery Application ~~m:RECEoVED Date:09/2012006 8:31 AM SEP ~.(,2006 Subject:Backyard Winery Application TOWN OF LO" ._--.---.---------------_..---------------------------..-------------.---------P-l:;,.(Lf.-itrri"rr-.-r-~GATOS---· ..:lfl/IS/ON ________________?~Et_~_tn~~~~~_l,_~9.QCJ_... .._ Town of Los Gatos -Community Development Department clo Vu-Bang Nguyen -Assistant Planner 110 E.Main Street- P.O.Box 949 Los Gatos,CA 95031 Dear Planning Commission,Diane and Members of the Town Council: I understand Fleming Jenkins Vineyards &Winery and cros LaChance Winery are planning to open a Tasting Room and Retail Shop in Los Gatos at 45 West Main Street ."and wanted to share my opinion that I feel this wiH be a nice addition to Los Gatos. Saratoga has had a very good experience with IIUncorked,1I which has become one of the more successful businesses in Saratoga.It is supported not only by locals but also people from out of town,who like the local flavor of the small tasting room. We hope you will support.their application. Sincerely, Gay and Roy Crawford 14711 Aloha Ave. Saratoga,CA 95070 Home Business:(408)867-2606 Fax:(408)741-5766 gayc@aol.com Barbara Mager in Saratoga supparts the application of Fleming Jenkins Vineyards &Winery and elos LaChance Winery 10 open Backyard Wineries.the wine Tasting Room and Retail Shop at 45 W.Main Street.I feel that this business will be on attractive asset to the Town Of Las Gatos .and a service to both its residents and visitors.Backyard Wineries.owned and operated by local residents.will fit in well with the Town's high-end retail character as well as complement the hotel.restaurant and art scene.As a resident of Saratoga}I am very supportive of the Town of Las Gatos and would like to be part of the Town's vitality and economic success.I would also like to be part of Backyard Wineries'success,and wish them the best in their new endeavor. Vu-Bang Nguyen -Tasting Room and wine shop _..'.,.•"":,,,,o.:.c,,,--_~""':-"-,-"h':':"'-'''''--''''''~.L:·::l::':":''"''''''''-'''''=;;;.''''',,'··m'·.'"=.~=.~::c-..c,=~"n :-l.~..:;:~,.:..:;~~c..REe-EE'l VE'b '::_'-" F 0 B b a Mager Sr:-p c,J'•r m:ar ar .'-'"\.'{GUo To: Date:09/20/2006 8:28 AM..TOWN OF LOS Subject:Tasting Room and W1l1e shop PL~~II':!,I'~.:rd'/~r-.~TOS ._...-..._....-._.-----'-.--..--..------------.------..--.-.--.--.-.------.-....--.-----.--'--"------------__._.!.lON . l asung .K.OOlll al1U w we ::>llU[J Barbara Mager Mager Consulting 1932.4 Athos PI Saratoga,CA 95070 408/741-02.36 barbaramager@comcast,net .. file://C:\Documenls and Settings\vllgUyen\Local SeltillQs\Temo\XPlZrDwise\45 1 OFBB 1T...09/201?/H ;() Page 1 ot I Vu~nang Nguyen -message to deliver to the Planning Commission 09/20/2006 8:lOAM message to deliver to the Planning Commission Shawn RaoFrom: To: Date: Subject: CC: RECEH/ED SEP ,~'(1 20lJ6 TOWN OF <:'---,--Pt "..-.-LO,oo-G "iTO,.\~..II"'I\lr:-r f"1 S f.,.~'1\I:......f Shawn and Mandy Rao in Los Gdtos support the application of Fleming Jenkins Vineyards &Winery ~nd'CI~sN LaChance Winery to open Backyard Wineries,the wine Tasting Room and Retail Shop at 45 W.Main Street.I/we feel that this business will be an attractive asset to the Town of Los Gatos and a service to both its residents and visitors.Backyard Wineries,owned and operated by local residents,will fit in well with the TownOs high-end retail character as well as complement the hotel.restaurant and art scene.As a residents and business owners of Los '7--'---'------Gotos we ore '"e-r;5uppoiilve'orfhe-fown 'aT Cos'Gafos and would like-lobe'part6ftheTown'svialilyclnd'-.------ economic success.We would also like to be part of Backyard WineriesO success,and wish them the best in their new endeavor, Regards, Shawn Rao CEO Versa Shore Inc. shawnrao@versashore.com http://www.versashore.com Alternate:shawnrao@yahoo.com Cell:408-355-5363 Fax:650-745-2465 file://C:\DocLlments and Settings\vnguyen\Local Settill(!s\TemD\XP[<rDwise\451 OF78AT...09/20!?Jj(j(j \U.;;jliU/LIJUOj Vu-oan\:J 1~\dUyt:11 - I d::>lIfl\d IUUIII III L.U::>'-.)OCU;' cc:Barbara Kay <barbara@dbkay.com> Dear Los Gatos Cqmmunity Development Department: I'm writing to support the establishment of a tasting room for Los Gatos area wineries such as Clos LaChance and Fleming-Jacobs in the town of Los Gatos itself. From: To: Date: Subject: David Kay <david@dbkay.com> <vnguyen@losgatosca.gov> 09/19/2006 11 :37 PM Tasting room in Los Gatos RECEiVED SEP ~0 2006 fOWN OF LOS G P!jlf'/.fli,.Ir:'r'AToS".~..ltV/SION Viticulture has been woven into the spirit of the area long before Fairchild brought silicon ct"lips into our valley.Local wineries like Ridge and David Bruce continue to set world standards.Clos LaChance and Fleming-Jacobs are working their own paths to greatness,and deserve our support as a local community. Please let me know the most effective way for me to show my support for. a local winery tasting room -other than by visiting it once established. Best, David David Kay DB Kay &Associates david@dbkay.com www.dbkay.com 408.568.3551 Page 1 of 1 Vu-Ballg Nguyen -Wine Tasting Room Proposal/TIackyard Wineries From: To: Date: Subject: CC: The Abene Family 09/20/20069:35 AM Wine Tasting.Room Proposal/Backyard Wineries RECEIVED SEP 2 0 2006 .T°'!J~.Of LOS.GATOS.--. PLAi'.II\!/f\!G DIVISION Deqr Vu-Bang Nguyen, I We are very excited by a new business proposal put forward by Fleming-Jenkins Vineyards and Ctos La L .c:hanceWln~!ies'__'rYe_believ.e.th(]J thisJc:lstillgrooQl~i11 ~elpL()s~gtos.9_es:ornesknqwJ}.as.a "wi,n.e.___ . I destination".Although we do not know Mrs.Fleming-Jenkins personally,we are familiar with her stellar career as well as her participation in charity events and worthy causes.We believe she (and her husband!)are valuable members of our community. My wife and I fully support the application of Fleming Jenkins Vineyards &Winery and C10s LaChance Winery to open Backyard Wineries,the wine Tasting Room and Retail Shop at 45 W.Main street.We feel that this business will be an attractive asset to the Town of Los Gatos and a service to both its residents and visitors,Backyard Wineries,owned and operated by local residents,will fit in well with the Town's high-end retail character as well as complement the hotel,restaurant and art scene.As a resident of Los Gatos we are very supportive of the Town of Los Gatos and would like to be part of the Town's vitality and economic success.We would also like to be part of Backyard Wineries'success,and wish them the best in their new endeavor.. Anthony Abene,MD,MBA Michelle Schwartz Los Gatos Residents and Wine Lovers .._._.-------_._-_._-------------_.-'------ Want to be your own boss?Learn how on Yahoo!Small Business. l:'age 1 ot l Dear Town of Los Gatos,' Get your email andmore.rightonthe.newYahoo.com RECEiVED SEP 2 0 2006 TOWN OF LOS GATOS PlIW/\'!h'G [ltV/SiaN---------------;----':---'--- Gina Krieg 09/20/20069:37 AM .Fleming Jenkins &Clos La Chance Vineyards &Winery file://C:\Oocumenls and Sellings\vnguyen\Local SeLti i1gs\Temp\XPgrpwise\45 11 OBO 1T...09120/20(J6 Thank you for your support on this request. Regards, Gina Krieg 109 Palmer Drive Los Gatos,CA 95032 408-391-0871 . My name is Gina Krieg and I have been a resident of Los Gatos for ten years.I support the application of fleming Jenkins Vineyards_&Winery andClos LaChance_Winery_to open_Backyard WJne ries,the wir:1e------. Tasting Room and Retail Shop at 45 W.Main Street. I feel that this business will be an attractive asset to the Town of Los Gatos and a service to both its residents and visitors.Backyard Wineries,owned and operated by local residents,will fit in well with the Town's high-end retail character as well as complement the hotel.restaurant and art scene.As a resident owner of Los Gatos I am extremely supportive of the Town of Los Gatos and would like to be part ofthe Town's vitality and economic success.I would also like to be part of Backyard Wineries' success,and wish them the best in their new endeavor. Vu-Bang Nguyen -Fleming Jenkins &Clos La Chance Vineyards &Winery From: To: Date: Subject: CC: Attachments: Page 1 of 1 Vu-Bang Nguyen "Chisholm,Jo" 09120/2006 10:54 AM RECEIVED sEP ,'~0 2006 .-_...-_.-.--_..-.----._.-.-.-----.-...--.__._--."----.-----.---.----.--.__._-._.--.-.---.--..--__.lo.w f\I-o F-toS""<------ .PI./'/'11,1 11I GATOS •. .'I \c nl\!/s . To the Los Gatos Town Council,.,ION From: To: Date: CC: As a property owner and mountain resident of Unincorporated Los Gatos,I support the retail application of Fleming Jenkins and Clos LaChance Vineyards for a tasting room,Backyard Wineries,at 45 W.Main Street.I think it highly important that we support our local residents towards success in their business endeavors.It is also an opportunity for this community to give ..back to its residents.who have great family cl1aracter,and a soJidwork.ethic...._._...._.____.....__....__....._..._ It should also be acknowledged that these businesses actively and whole-heartedly support local charities,and are truly assets that this community should continue to encourage.'They set a standard of care that all businesses in Los Gatos should aspire to achieve. Jo Piazza Chisholm ) / Page 1 of 1 Vu-Bang Nguyen -In Favor of Fleming Jenkins Winery Retail Shoppe ~_:::_:~:Jl!:.~-=',...:•.::2:_:1"""'-'-'''-=i:Ja'':'=..:1.=.'··_...t.",;;..,..·"'Pu.,;;;;...·v ."'"If ....·'.·n~~...,..,.,.,."...."'"'~~.•,.=,..:.:::"'-= .1SC~ From:.S ~/v~ To:(p 'D Date:09/20/200611:41 AM lOW 2 0!U. Subject:In Favor of Fleming Jenkins Winery Retail Shoppe f::J1...tv Of:'U6 CC:,(1,/\//\//tl/I...Os G ........................."-'"--------------..-----..-..------G-O/l//S;6~S"'''-''- Dear Councilor whom it may concern, We at the Los Gatos Lodge are in favor of the proposed retail opportunity being requested by the Fleming Jenkins Winery. As a hotel and conference center and an original hotel for Los Gatos,I feel that this business will serve not only our locals but also assist in tourism.The local Santa Cruz Mountain wineries are gaining wide attentionfrorn all over the United States.-........... I see this as an asset to our town's tourism market.Our guests are always inquiring aboutthe local wineries.To be able to . send them to a shoppe in town will just increase their interest. TIlank you in advance for considering this venture to be a positive addition to Los Gatos! Kind Regards, Donna Wynne Director of Sales &Marketing Los Gatos Lodge 50 Los Gatos -Saratoga Road Los Gatos,California 95032 tel:408.354.3300 X 100 toll free:800.231.8676 fax:408.354.9978 www:losgatoslodge.com .dwynne@losgatoslodge.com file://C:\Documents and Setti nQs\vn P"11VP.ll\T.n('.::Il ~p.fl·i 11 n-c;:\Tpl1l n\YP rn'nUJi "p\L1 c:;1 1')5<F 1Tn ()C)!/nr).()()(,