10 Staff Report - 15960 and 15970 Los Gatos BoulevardMEETING DATE:4/16/07
ITEM NO:10
COUNCIL AGENDA REPORT
DATE:April 11,2007
TO:MAYOR AND TOWN COUNCIL
FROM:DEBRA J.FIGONE,TOWN MANAGER
SUBJECT:CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT FOR
A RESTAURANT WITH ALCOHOL SERVICE (VIVA PRIMAVERA)TO
EXPAND THE HOURS OF OPERATION,MODIFY THE OUTDOOR PATIO
DINING AREA,EXPAND TO AN ADJACENT TENANT SPACE
(FORMERLY HIGH TECH BURRITO),EXPAND TO FULL LIQUOR FOR
VIVA A GO-GO AND ALLOW SERVICE OF ALCOHOL IN THE OUTDOOR
SEATING AREA FOR VIVA A GO-GO,AND EXPAND APPROVED
ENTERTAINMENT ON PROPERTY ZONED C-l.APN 523-01-012 AND 013.
CONDITIONAL USE PERMIT U-07-006.PROPERTY LOCATION:15960
AND 15970 LOS GATOS BOULEVARD.PROPERTY OWNER:COLG,LP.
APPLICANT:VIVA PRIMAVERA,LLC.
RECOMMENDATION:
1.Open and hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Approve the Conditional Use Permit application with the required findings (Attachment 1)
and subject to the proposed conditions (Attachment 2)(Motion Required).
4.Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
1.15960 Los Gatos Boulevard (High Tech Burrito)
On May 5,1997,the Town Council approved a Conditional Use Permit (CUP)for a high tum
over sit down restaurant (See Exhibit C of Attachment 4)which allowed:
• A total of 16 seats,indoors and outdoors;
•Hours of operation from 10:00 AM to 10:00 PM;
•Outdoor seating;and
•Beer and wine service with meals,inside only.
PREPARED BY:BUD N.LORTZ,~
Director of Community Development
Reviewed by:E.:SOAssistant Town Manager -L-Town Attorney
__Clerk Administrator __Finance ~Community Development
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MAYOR AND TOWN COUNCIL
SUBJECT:15960-15970 LOS GATOS BOULEVARD/CUP U-07-006
April 12,2007
2.15970 Los Gatos Boulevard (Cafe Primavera)
On January 26,2000,CUP Application U-99-11 was approved by the Planning Commission
to operate a restaurant (Cafe Primavera)with outdoor seating and full liquor service at 15970
Los Gatos Boulevard (See Exhibit D of Attachment 4).The approval was for a quality
restaurant which allowed:
• A total of 160 seats,indoors and outdoors;
•Hours of operation from 8:00 AM to 11 :00 PM Monday through Thursday and 8:00 AM
to 12:00 PM Friday through Sunday;
•Outdoor seating;
•Service of alcoholic beverages with meals;
•One private dining room for banquets and meetings;and
•Occasional,incidental,entertainment such as a piano or harp accompanist.
In February 2006,staff noticed recent construction activity at Viva Primavera and informed
the applicant that the exterior modifications that were done to the outdoor dining area
required Architecture and Site approval and that opening at 6:30 AM was not consistent with
their approved hours of operation.On August 14,2006,the applicant submitted an
Architecture and Site application and an application to modify the two existing Conditional
Use Permits.
DISCUSSION:
Viva Primavera has been operating at 15970 Los Gatos Boulevard since November of2003.The
following applications represent the applicant's requests to expand into an adjacent tenant space
at 15960 Los Gatos Boulevard to operate Viva A Go-Go where High Tech Burrito previously
operated.Viva A Go-Go will be operated in conjunction with Viva Primavera.
Architecture and Site
The applicant requested approval of an Architecture and Site application to expand and modify
the existing outdoor dining area enclosure in the following manner:
•Modify and expand the existing railing and glass panels surrounding the existing outdoor
dining area for Viva Primavera;
•Add a metal gate with glass and glass panels between the columns at the existing
restaurant entry closest to the parking lot;and
•Continue the proposed railing,without the glass panels,to delineate the outdoor seating
area for Viva A Go-Go.
Conditional Use Permit
The applicant (Viva Primavera)is requesting approval to modify the existing CUPs for 15960
and 15970 Los Gatos Boulevard to permit the following:
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MAYOR AND TOWN COUNCIL
SUBJECT:15960-15970 LOS GATOS BOULEVARD/CUP U-07-006
April]2,2007
•Create an opening in the interior wall between the two tenant spaces and operate the
existing quality restaurant (Viva Primavera)in conjunction with an approved high tum
over sit down restaurant (Viva A Go-Go,formerly High Tech Burrito);
•Maintain the 176 seats (total previously approved for both restaurants)which includes
indoor and outdoor seating and banquet/meeting rooms;
•Extending the hours as follows:
Viva Primavera 15970 Los Gatos Blvd Viva A Go-Go (formerly High Tech
Burrito)15960 Los Gatos Blvd.
Approved 8AM -11 PM Monday thru Thursday lOAM .:10PM Seven Days a week
Hours 8AM -12AM Friday thru Sunday
Proposed 6:30AM -11PM Sunday thru Thursday 6:30AM -11PM Sunday thru Thursday
Hours 6:30AM,-lAM Friday,Saturday,6:30AM -lAM Friday,Saturday,
holidays,and evenings before holidays.holidays,and evenings before holidays.
•Expanding from one to two private dining rooms that can be used for banquets and
meetings or general dining;
•Expanding to full liquor for Viva A Go-Go and allow service of alcohol in the outdoor
seating area for Viva A Go-Go;and
•Expanding approved occasional,incidental,entertainment such as a piano or harp
accompanist to include Jazz trios and other live music.
Please see Exhibit F of Attachment 4 for further information regarding the applicant's
justification for the proposed modifications.
Alcohol Service
The proposed hours of operation are 6:30 AM to 11 :00 PM Sunday through Thursday and 6:30
AM to 1:00 AM Friday,Saturday,holidays and evenings before holidays.Additionally,the
applicant is proposing to expand from beer and wine to full liquor for Viva A Go-Go and allow
service of alcohol in the outdoor seating area for Viva A Go-Go.
In order to approve the proposed hours of alcohol service the Council must make the following
findings,pursuant to the Town's Alcohol Policy (Exhibit B of Attachment 4),to allow alcohol
service past 10 PM:
•Late night service will not adversely impact adjacent residential neighborhoods;
•The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy;and
•The applicant has demonstrated a .clear benefit to the community.
The Police Department has reviewed the applicant's proposals and has no concerns with the
requests.This determination is based on the fact that there has not been a history of complaints
on Viva Primavera,no separate bar will be permitted at Viva Primavera or Viva A Go-Go,and
the proposed Conditions of Approval are adequate to ensure that the adjacent residential
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MAYOR AND TOWN COUNCIL
SUBJECT:15960 -15970 LOS GATOS BOULEVARD/CUP U-07-006
April 12,2007
neighborhood should not be adversely impacted.Council will need to consider if the three
findings listed above can be made.
Entertainment
The currently allowed occasional, incidental entertainment (piano or harp accompanist)for Viva
Primavera was approved before the Town adopted the existing Alcohol Policy.The Town's
current Alcohol Policy requires that standards and a permit process be established for
entertainment.To date,standards and a permit process have not been adopted.Viva Primavera
currently has jazz trios and other live music at the restaurant primarily on Friday and Saturday
evemngs.
Staff presents the following options for the Council's consideration regarding the Issue of
entertainment:
•The Council could determine that the request for jazz trios and other live music is not an
intensification and therefore is consistent with the previously allowed occasional,
incidental entertainment;or
•The Council could determine that the request is an intensification of the previously
approved entertainment and therefore cannot be approved because standards and a permit
process have not been adopted for entertainment with alcohol service.
PLANNING COMMISSION:
Architecture and Site
At their February 28,2007 meeting,the Planning Commission approved (voting 4-3)the
applicant's Architecture and Site application requests to expand and modify the existing outdoor
dining area enclosure as outlined above,with the following modification:
•Add a metal gate with glass and glass panels approximately four feet back from the
columns at the existing restaurant entry closest to the parking lot.
Conditional Use Permit
Additionally,the Planning Commission reviewed the CUP modification requests at their meeting
of February 28,2007,voting 7-0 to recommend that the Town Council approve the applicant's
requests with the following modifications:
•Full liquor should not be allowed at Viva A Go-Go;
The Commission determined that the expansion to full liquor for Viva A Go-Go was not
appropriate because the applicant had not presented an adequate plan outlining how
alcohol service would be providedfor Viva A Go-Go.
The applicant has outlined the service of alcohol for patrons of Viva A Go-Go in
Attachment 6.They propose that patrons who order alcoholic beverages at Viva A Go-
Go will only be allowed to do so if a meal is purchased for dining on premises.When the
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MAYOR AND TOWN COUNCIL
SUBJECT:15960 -15970 LOS GATOS BOULEVARD/CUP U-07-006
April 12,2007
order is entered a ticket will be printed at Viva Primavera'shar register and the drink will
be made by the bartender and subsequently delivered by a server.
•Hours should not be extended past the currently approved 12:00AM;
The Commission determined that the hours should not be extended to 1:00 AM because
adequate justification to grant this request was not provided.
•The expansion of entertainment should not be allowed.
The Commission determined that the expansion of the approved entertainment was not
appropriate because the request was not consistent with the Alcohol Policy.
The applicant has submitted a letter (Attachment 6)addressing the Commission's concerns
which are outlined above.
ENVIRONMENTAL ASSESSMENT:
As required by Section 15301 ofthe State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
FISCAL IMPACT:
None.
Attachments:
1.Required Findings (1 page)
2.Recommended Conditions of Approval (4 pages)
3.Verbatim Planning Commission minutes for the meeting February 28,2007 (25 pages)
4.Report to the Planning Commission for the meeting of February 28,2007 (without
development plans)
5.Desk Item to the Planning Commission for the meeting of February 28,2007 (1 page)
6.Letter from applicant,received April 10,2007 (2 pages)
7.Development Plans (3 pages)
Distribution:
COLG,LP,1631 Willow Street #225,San Jose,CA 95125,Attn:Elizabeth Smith
Viva Primavera,LLC,15970 Los Gatos Boulevard,Los Gatos,CA 95032,Attn:Michael
Franges
BNL:RT:JP
N :\DEV\CNCLRPTS\2007\1 5960-1 5970LGB.doc
REQUIRED FINDINGS AND CONSIDERATIONS FOR
15960-15970 Los Gatos Boulevard
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant with alcohol service to expand
the hours of operation,modify outdoor patio dining area,expand to an adjacent tenant space,
and expand approved entertainment on property zoned C-1.APN 523-01-012 and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
FINDINGS
•As required by Section 29.20.190 of the Town Code for granting a Conditional Use Pennit.
The deciding body,on the basis ofthe evidence submitted at the hearing,may grant a conditional
use pennit when specifically authorized by the provisions of the Town Code if it finds that:
(1)The proposed uses ofthe property are essential or desirable to the public convenience or
welfare;and
(2)The proposed uses will not impair the integrity and character of the zone;and
(3)The proposed uses would not be detrimental to public health,safety or general welfare;
and
(4)The proposed uses of the property are in hannony with the various elements or objectives
of the General Plan and the purposes ofthe Town Code.
•As required by the Town's Alcohol Policy,the deciding body shall make the following findings
prior to approving an application for a Conditional Use Pennit to serve alcoholic beverages past
10:00 PM:
(1)Late night service will not adversely impact adjacent residential neighborhoods;
(2)The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy;and
(3)The applicant has demonstrated a clear benefit to the community.
•As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
N:\DEV\FINDINGS\15960-15970LGBCUP .doc
ATTACHMENT 1
CONDITIONS OF APPROVAL FOR:
15960-15970 Los Gatos Boulevard
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant (Viva Primavera)with alcohol
service to expand the hours of operation,modify outdoor patio dining area,expand to an
adjacent tenant space (formerly High Tech Burrito),and expand approved entertainment on
property zoned C-l.APN 523-01-012 and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in compliance with the letter ofjustification (Exhibit F ofAttachment
5)and plans (Attachment 7)approved in the report to the Town Council,unless modified by
conditions contained herein.Any changes or modifications made to the approved plans shall be
approved by the Director of Community Development or the Town Council,depending on the
scope of the changes.
2.LAPSE FOR DISCONTINUANCE:If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1)year the approval lapses.
3.USE:The approved use is for a quality restaurant in conjunction with a high tum over sit down
restaurant.
4.NUMBER OF SEATS:The maximum number ofseats for both restaurants shall not exceed 176
(total includes indoor,outdoor,and banquet/meeting rooms).
5.OUTDOOR SEATING:A physical delineation shall be installed for the outdoor seating to the
satisfaction of the Director of Community Development,ChiefofPolice,and Director ofParks
and Public Works.
6.OUTDOOR FURNITURE:Outdoor furniture shall be of high quality in terms ofmaterials and
appearance (plastic furniture is not permitted).
7.HOURS OF OPERATION:Maximum hours ofoperation for the restaurant shall be6:30AMto
11 :00 PM Sunday through Thursday and 6:30 AMto 12:00 AM Friday,Saturday,holidays and
evenings before holidays.
8.ALCOHOL SERVICE VIVA PRIMAVERA:The service of alcohol for the quality restaurant
is permitted only with meals.A meal is defined as a combination of food items selected from a
menu (breakfast,brunch,lunch,or dinner).Appetizers such as popcotn,nachos,pretzels,potato
skins,relish trays,etc.(hot or cold)are not meals.There shall be no separate bar for the
restaurant.
9.ALCOHOL SERVICE VIVA A GO-GO:The service of beer and wine for the high turn
over sit down restaurant is permitted only with meals.A meal is deimed as a combination
of food items selected from a menu (breakfast,brunch,lunch,or dinner).Appetizers such
as popcorn,nachos,pretzels,potato skins,relish trays~etc.(hot or cold)are not meals.
There shall be no separate bar for the restaurant.
10.LNE ENTERTAINMENT:Occasional,incidental,indoor entertainment such as piano or harp
accompanist is permitted at the quality restaurant location only.
11.NOISE:Amplified entertainment noise levels shall comply with the provisions of the Noise
ATTACHMENT 2
15960-15970 Los Gatos Boulevard /S-07-09 and V-07-06
Page 2 of4
Ordinance as set forth in Section 16.20.040 of the Town Code.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
12.UNIFORMED SECURITY:Unifonned privately provided security guards may be required in or
around the premises by the ChiefofPolice if alcohol related problems recur that are not resolved
by the licensed owner.
13.CONSULTATION AND TRAINING:At the discretion ofthe ChiefofPolice,periodic meetings
will be conducted with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general public.
14.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California Restaurant
Association.
15.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
16.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Building Division)
17.PERMITS REQUIRED:A building pennit shall be required for the restaurant expansion and
alterations to the existing patio area.Separate pennits are required for electrical,mechanical,and
plumbing work as necessary.
18.CONDITIONS OF APPROVAL:The Conditions ofApproval must be blue-lined in full on the
cover sheet of the construction plans.A compliance memorandum shall be prepared and
submitted with the building pennit application detailing how the Conditions of Approval will
be addressed.
19.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
20.TITLE 24 -COMMERCIAL:For any proposed tenant improvements,on-site general path of
travel shall comply with the latest California Title 24 Accessibility Standards.Work shall
include,but not be limited to,accessibility to building entrances from parking facilities and
sidewalks.
21.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page.The specification sheet is,available at the Building Division Service Counter for a fee of$2
or at San Jose Blue Print.
22.PLANS:The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer.(Business and Professionals Code Section 5538)
23.APPRO VALS REQUIRED:The project requires the following departments and agencies
approval before issuing a building pennit:
a.Community Development -Planning Division:Joel Paulson at 354-6879
b.Santa Clara County Fire Department:(408)378-4010
c.West Valley Sanitation District:(408)378-2407
d.Environmental Health Department:(408)918-3400
15960-15970 Los Gatos Boulevard /8-07-09 and U-07-06
Page 3 of4
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
24.GENERAL.All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications.All work shall conform
to the applicable Town ordinances.The adjacent public right-of-way shall be kept clear
ofall job related dirt and debris at the end ofthe day.Dirt and debris shall not be washed
into storm drainage facilities.The storing ofgoods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued.The developer's
representative in charge shall be at the job site during all working hours.Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
25.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require construction
security.
26.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notifY the
Engineering Inspector at least twenty-four (24)hours before starting any work pertaining
to on-site drainage facilities,grading or paving,and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
27.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor
and horne owner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis.Mud,silt,concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
28.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations.Improvements such as,but not limited to:curbs,
gutters,sidewalks,driveways,signs,pavements,raised pavement markers,thermoplastic
pavement markings,etc.shall be repaired and replaced to a condition equal to or better
than the original condition.Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector,and shall comply with all Title
24.Disabled Access provisions.Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verifY existing
conditions.
29 .SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused.Install a sanitary sewer lateral clean-out at the property line.
30.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures which
have flood level rims less than twelve (12)inches (304.8 mm)above the elevation ofthe
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow ofsewage by installing an
approved type backwater valve.Fixtures above such elevation shall not discharge
through the backwater valve,unless first approved by the Administrative (Sec.
6.50.025).The Town shall not incur any liability or responsibility for damage resulting
from a sewer overflow where the property owner or other person has failed to install a
backwater valve,as defined section 103(e)of the Uniform Plumbing Code adopted by
section 6.50.010 of the Town Code and maintain such device in a functional operating
15960-15970 Los Gatos Boulevard /S-07 -09 and V-07 -06
Page 4 of4
condition.Evidence of West Valley Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building pennit.
31.OUTDOOR TRASH ENCLOSURES.Outdoor trash enclosures shall be covered and
area drains connected to the sanitary sewer system shall be provided.
32 GREASE TRAPS.Meet all requirement ofthe Santa Clara County Health Department
and West Valley Sanitation District for the interception,separation or pretreatment of
effluent.
33.CONSTRUCTION NOISE.Between the hours of8:00 a.m.to 8:00 p.m.,weekdays and
9:00 a.m.to 7 :00 p.m.weekends and holidays,construction,alteration or repair activities
shall be allowed.No individual piece ofequipment shall produce a noise level exceeding
eighty-five (85)dBA at twenty-five (25)feet.If the device is located within a structure
on the property,the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible.The noise level at any point outside of the property
plane shall not exceed eighty-five (85)dBA.
N:\DEV\CONDITNS\2007\15960-15970LGBCUP .doc
1 A P PEA RAN C E S:1
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PRO C E E DIN G S:
16 I question:Would they want the conditional use permit if we
17 Iwere to reject the A&S?
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Los Gatos Planning
cOI1UUissioners:
Assistant Director of
COI1UUunity Development:
Town Attorney:
Transcribed by:
Joanne Talesfore,Chair
John Bourgeois
Michael Kane
phil Micciche
Tom O'Donnell
Steve Rice
Marico Sayoc
Randy Tsuda
arry Korb
Vicki L.Blandin
(510l 526-6049
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CHAIR TALESFORE:I would like to call up
the applicant for Agenda Item #4,which is at 15960-15970
Los Gatos Boulevard.It's for Architecture and Site
Application 8-07-009,and a Conditional Use Permit U-07-
006.I'd like us just to do the whole discussion,but then
I would like to have us have two separate motions,and I
think the motion that should come first would be the
conditional use permit,and then we'll go to the
architecture and site as motions,in that order.Thank you.
COMMISSIONER MICCICHE:I would have one
CHAIR TALESFORE:Well,that's a good question.I
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LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
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COMMISSIONER MICCICHE:Yeah.
CHAIR TALESFORE:All right,you want to reverse
it?I want to hear your COI1UUents,COI1UUissioner Micciche.We
can do that.I mean it could work the other way as well.If
I don't get the conditional use permit,I wouldn't make the
changes.cOI1UUissioner Sayoc.
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
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COMMISSIONER SAYOC:Where would the alcohol 1 It's been a wonderful experience,and when the
recommendation fall?2 lopportunity came up to expand into the location next door,
CHAIR TALESFORE:Under the CUP.',,we saw that as a great way to expand our offering to the
make it easier for you.
CHAIR TALESFORE:Thank you.
15970 location,and we've experienced great success,
COMMISSIONER SAYOC:Under the CUP?Okay.
there,so we're not asking for anything more than what was
license and expand that into the place that was occupied by
liquor on premises,and we're hoping to take that liquor
being offered at High Tech Burrito.The Alcohol and Beverage
Commission-we've already discussed it with them-have
High Tech Burrito.They did have a beer and wine license
indicated they're going to leave it up to the Town of Los
Gatos;if they say yes,they have no problem with us taking
our type 47 license next door and serving alcohol out of
up tonight deal with the service of alcohol.we have a type
I think a lot of the issues that are going to come
4 I community,provide some high-end fast food for people to
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5 ,enjoy the taste of (inaudible),get it on the run and take
it to go,and just enjoy what we have to offer.
47 liquor license that allows us to serve beer and wine and
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I guess it was in November of 2003BEAUJACOB:
BEAU JACOB:Yes,my name is Beau Jacob and I
CHAIR TALESFORE:All right,so we will take it in
that our request for the Planning Commission today does not
the order that it's in then,as far as motions.All right,
that being said,Beau Jacob.
Cornerstone Shopping Center,and I guess the good news is
when the current owners took over the operations at the
represent the owners Viva Primavera,the restaurant in the
actually beyond what we had anticipated,and I attribute a
call for the removal of any trees,so I believe that will
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lot of that success to the concept that Jeff Hanson,our
operations Manager and part owner put together.We basically
took over an existing restaurant that had suffered financial
difficulties,and all we did was change the concept;painted
the walls,implemented some new food dishes,incorporated
live jazz trios on Friday and Saturday nights,and appeared
to be greatly received by the community.
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that location.
One thing I would like to add is that there have
been no complaints from the police department,though Joel's
report to the Commission does indicate that the police have
reviewed the application and don't have any issues with what
we're proposing and requesting before the Town of Los Gatos.
I would like to point out that one of our other
requests is to expand our hours of operation.Our request is
LOS GATOS PLANNING COMMISSION 2/28/2007
Item ~4,15960-15970 Los Gatos Blvd.
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LOS GATOS PLANNING COMMISSION 2/28/2007
Item ~4,15960-15970 Los Gatos Blvd.
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completely in line with the Town's alcohol policy,and I
would add that in reviewing the resolution of the Town
Council when they adopted the amended alcohol policy,they
1 CHAIR TALESFORE:You're their attorney.Thank
you.
BEAU JACOB:And also their financial advisor,
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said that the Town Council wanted to balance the regulation
of alcohol beverage service and the production of
residential neighborhoods with the goal of maintaining a
vibrant and successful downtown and commercial areas
throughout Los Gatos,and we feel that what we have to offer
completely complies with the goals of the Town Council in
providing a vibrant place for the community to go and dine
and have a wonderful experience.
I do know that there are going to be a number of
questions that are presented by the members of the Planning
Commission,and I may be able to answer some of those.If I
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business advisor,and I keep a close eye on their financial
records.
CHAIR TALESFORE:All right.So Commissioners,if
you do have questions,there are other people that can
answer them if Mr.Jacob cannot answer them.All right,and
I didn't see who was first.Was it Commissioner Micciche?
Yes.
COMMISSIONER MICCICHE:Just a question so we're
going in the right order here.If the A&S is approved and
the conditional use permit hours were not extended,would
you still go ahead with the expansion?
14 can't answer those,I would like to defer to Elizabeth 14 BEAU JACOB:Yes,we would.
15 Smith,who represents the property owners,or Jeff Hanson,15 COMMISSIONER MICCICHE:You would,so us going
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who is our Operations Manager,who might have some detailed
information to provide appropriate answers to your
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with the A&S first seems to make sense then.Okay.Thank
you.
18 lquestions.18 CHAIR TALESFORE:Thank you.Commissioner
19 CHAIR TALESFORE:Mr.Jacob,are you finished?19 I Bourgeois.
20 BEAU JACOB:Yes.20 COMMISSIONER BOURGEOIS:I know at High Tech
21 CHAIR TALESFORE:Thank you.I may have not heard 21 I they're allowed to sell beer and wine.You said you weren't
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you,but could you tell us your relationship to this
restaurant?
BEAU JACOB:Well I represent the owners.I am
their attorney.
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asking for anything more than they have,but I thought you
were asking for a full liquor?
BEAU JACOB:A full liquor.Yes,that is correct.
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1 COMMISSIONER BOURGEOIS:Okay.I just wanted to 1 Iread our Consulting Architect's perspective on the exterior
2 Imodifications?clarify that.And I also had a question about the existing
bar in the restaurant.Is that a standalone bar or is it to
serve alcohol with meals only?4
BEAU JACOB:I did,yes.
COMMISSIONER RICE:Did you have any comment on
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BEAU JACOB:It's part of the restaurant.We do
serve meals at the bar.That is one of the requirements,
that we do serve meals with alcohol,and that's certainly
what we encourage.
COMMISSIONER BOURGEOIS:That's in the existing
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those?
BEAU JACOB:Well that's one area that I think
that Elizabeth Smith has great knowledge on and I think she
would be able to provide you with the best answers to any
questions you may have relating to the Consulting
20 IGo Go,the intent is for primarily take out?
All right.Thank you.
Well in front of the bar there's
CHAIR TALESFORE:Yes,she is.
COMMISSIONER RICE:Okay.Is she on the speaker
COMMISSIONER RICE:Okay,then I can hold those,
BEAU JACOB:
CHAIR TALESFORE:
COMMISSIONER O'DONNELL:I want to understand the
to do?
free access to either place through the restaurant.
Architect's comments.
list?
because that's where a number of my questions are.Thank
Commissioner O'Donnell,and then Commissioner Sayoc.
about 10'of space.Our intent was to open that up to allow
you.
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19 I concept.I've been to the restaurant a number of times and
You can go first;I'll go
Okay,I thought I either heard
I did,but actually I think I
COMMISSIONER RICE:
COMMISSIONER O'DONNELL:
COMMISSIONER RICE:Just to be clear,with viva a
BEAU JACOB:NO.I think we have room for 16 seats
COMMISSIONER RICE:
CHAIR TALESFORE:Did that answer your question,
BEAU JACOB:Yes.
or read something about takeout.Second question is did you
whenever.
was after Commissioner O'Donnell.I don't care.I can go
Commissioner Rice,did you have your hand up?
Commissioner Bourgeois,about a standalone bar?Okay.
CUP?
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22 Iwithin that place (inaudible)and eat the food or be able to
take it to go.
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COMMISSIONER O'DONNELL:But this other place,
which was the taco place or whatever it was,I guess I'm a
little confused on the full liquor license for that portion.
1 'High Tech Burrito place for them to grab it there so they
2 Idon't have to go around to the other side to get it.
COMMISSIONER O'DONNELL:Thank you.
4 ,Is your concept that really what it would be is an expansion
of the existing restaurant with the capability to serve
takeout?
BEAU JACOB:That is correct.And there will be a
separate menu for the takeout food on the other side.If
they want to order takeout food off the menu from the main
restaurant,they could do that from that side as well.
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COMMISSIONER O'DONNELL:Even though it's named
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'Viva a Go Go,'I guess I was confused.I thought most of
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the concept was to serve food off-site.Well,do you have an
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CHAIR TALESFORE:Commissioners,I can ask Mr.
Hanson or anyone else to fill a card out and come up if you
would like that.In the meantime,Commissioner Sayoc.
COMMISSIONER SAYOC:My first question is have
neighboring residents been notified of the proposed alcohol
change as well as the hour change?
BEAU JACOB:It was my understanding that they
were.
CHAIR TALESFORE:Would Staff like to comment on
that,please?
SANDY BAILY:Yes,we send it out to within 300'.
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expectation of what percentage of the business would be on-
site versus off-site?
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14 CHAIR TALESFORE:And no one called or wrote
15 BEAU JACOB:That would be something that possibly 15 letters obviously;we didn't have any.
16 Jeff Hanson might have worked up in our financial plan for 16 COMMISSIONER SAYOC:A follow-up question.
17 the new place.We kind of took some estimates based upon 17 'Actually I'm going to ask Commissioner O'Donnell to clarify.
18 'what we saw taking place at the High Tech Burrito on what 18 COMMISSIONER O'DONNELL:I'm sorry,just on that
19 Ikind of customer volume we might anticipate,but we don't 19 Ipoint,won't it have to be renoticed for the ABC license?
20 ,really anticipate how many people are going to stay and eat 20 SANDY BAILY:The ABC has some different
21 land how many people are going to take it off-site.
2222COMMISSIONERO'DONNELL:People in this addition
21 I (inaudible).Are you familiar with them?
JOEL PAULSON:No,I'm not familiar with ABC,but
23 to the restaurant would be serviced from the existing bar?23 they will have to go through their separate process.The
24 BEAU JACOB:Yes,as far as probably the alcohol,24 Town does not get involved in that.
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yes.We might have a cooler with beer and wine inside the
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have received from the ABC,they're going to just wait for
2 Iprocess already,and according to the information that we
4 Ithe decision from the Town of Los Gatos,but they approved
1 BEAU JACOB:Yeah,and we've actually begun that 1 BEAU JACOB:Absolutely.
CHAIR TALESFORE:And hearing from the other
audience members.
BEAU JACOB:I will be here until this session is
5 lit and they were just going to allow our existing type 47
license to extend into the new place.
closed.
CHAIR TALESFORE:Okay.Thank you very much.oh,
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it's a lot of duplexes that are just renters.
SANDY BAILY:Yes,it's property owners and
COMMISSIONER SAYOC:My other follow-up to that:
Joel Paulson will go over andCHAIRTALESFORE:
COMMISSIONER KANE:The notice of potential
CHAIR TALESFORE:Yes,the bar does exist.
COMMISSIONER RICE:A point of clarification;the
COMMISSIONER KANE:On the notice question,when
envelope.Is that realistic for neighbors to be concerned
that sort of thing,practically all of the neighbors from
we did the Verizon division of their building and trucks and
Camellia Drive showed up.So when you say 300',I don't know
exactly how much of that neighborhood is inside that 300'
about a bar?
street,they all showed up,so I just wanted to find out how
many of them may have been noticed.
show us on the maps that are on the Town.Is that what
you're doing?Okay,he's going to be right back.
you had a follow-up question,Commissioner Kane?
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I'm going to call Mr.Jeff
BEAU JACOB:This might be the perfect time for
CHAIR TALESFORE:
Hanson up.I would take it that your presentation is
COMMISSIONER SAYOC:And actually I do have one
little bit more,especially with viva a Go Go.Can people
alcohol?
eating at viva a Go Go go and buy a drink at the bar,then
bring it back?How do you expect diners to get their
tenants.
more question.Could you explain the alcohol service a
Does that also include renters?Because I know behind it
20 IMr.Hanson to come up and help out with some of these
21 I questions.
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CHAIR TALESFORE:Would this be an appropriate
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CHAIR TALESFORE:In the meantime can we go ahead?
2 IThank you,Mr.Jacob,and I have a card I think from Jeff
3 IHanson.
JEFF HANSON:Pardon my cold tonight.I've gotten
1 Iwhat High Tech Burrito was doing in sales,and we looked at
that and said well why make it Viva if we see that there's
this potential of doing this amount of sales as a standalone
restaurant?
this thing out,but I've heard a lot about hillside
property.
5 So what we did was create this venue,which is
Viva a Go Go,which simply is a dual form word,which means
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Just to start off,a little bit about who we are
and what we've been from the beginning.I think those of you
that have dined in the restaurant know that Viva is a very
family-oriented restaurant,and from the start when we had
our first meetings with our staff,that's what we said.Get
used to it,here'S what you're going to see:You'll see
kids,families with kids,parents having a glass of wine and
filet mignon and the kids are having their penne pasta or
the pizza,and right next to them are fine diners having a
$150 bottle of Staglin cabernet and fresh fish or prime rib.
And that's the way Viva'S turned out to be.It has always
kept that image of being a restaurant that was family
oriented,no problems.
So as we move ahead to the new venture,the same
thought,the same soul,was put into that new venture,which
is that we wanted that same image to carryover to the new
restaurant.
I'll try to go back to the question that was asked
originally about the dining between the two.I think the way
we set this up originally,because we did take a look at
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go-go,which kind of takes you back to the 50s and 60s,
which will be our mode of operation;you'll see pictures of
the Temptations.We'll do a lot of things with the 50s and
60s real comfort feel to the restaurant,and at the same
time go-go was the word meaning,"to go."So that's
basically what that restaurant is,but it has its own menu,
it has its own operation.We plan on driving that business
to do its own sales for people that don't want to dine at
Viva that would rather come in and grab sandwiches or wraps
or an entree or salads,and they can just take off and move
home,with a different menu than Viva.
At the same time,we do have the situation where
at happy hour times at Viva,and certain other times,it
happens maybe a couple days a week,we would love to have a
little bit of overflow where people can still sit down and
enjoy their salads.And by the way,our mix of salads and
liquor at Viva right now is 70%-plus food and about 29%to
30%combination of liquor and wine.So our intent is to
continue that same kind of a deal where we want to move
food,and those of you that have dined and had happy hour
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there,you know that the appeal at happy hour is that
wonderful big salad for $5.00,and our whole menu is like
that.
so in essence,that's kind of the thought work
1 Ithat come in there at 5:30-6:00 o'clock and can't get a
2 Iseat.Just during that one window,which is between about,
3 I say,5:00 and about 6:30,and that's it.
COMMISSIONER KANE:So the restaurant people would
behind combining the two restaurants;the both stand on
their own,but there's a little bit of overflow between the
5 jexpand into Viva a GO Go?
JEFF HANSON:I sure would love to see them get an
two.
CHAIR TALESFORE:Thank you.Do we have questions
7
opportunity to get a seat.
COMMISSIONER KANE:I thought that was separate
of Mr.Hanson?Commissioner Kane,and then Commissioner 9
menu.
with meals.
Bourgeois.
a martini while waiting for my hamburger?
COMMISSIONER KANE:I want to go back to
Well part of the decision making
Thank you very much.
COMMISSIONER KANE:I frequent Viva frequently.
JEFF HANSON:
JEFF HANSON:
together,the idea was well how do you police that?You have
one menu there,one menu here.The answer is you don't,
cocktail as well as their food probably from viva a Go Go.
salads from next door and eat it there.But I think there
will find that a lot of those same diners would have a
are enough alternatives at the restaurant itself where we
here is you have two restaurants,and when we put this idea
another someone is going to find a way to grab one of our
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JEFF HANSON:It is a different menu.
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COMMISSIONER KANE:Thank you.
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JEFF HANSON:But I feel like I didn't answer that
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well enough.
13 You answered it.COMMISSIONER KANE:
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18 Ibecause what's going to end up happening,some way or
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Yes.They do not have permission toJOELPAULSON:
COMMISSIONER KANE:And Mr.Hanson,tell me why
quality take-out with counter.I don't know what high-
JEFF HANSON:You wouldn't need a martini,but we
have a lot of people that are fighting for a seat right now
the answer and I didn't get it.For Staff,the bar that's in
and wine that the Staff Report identifies it as a high-
quality,gourmet ketchup,I don't know,but why would I need
have a standalone bar.All alcohol service must be provided
policy that requires meals?
the Viva premises,is that a bar that is under the alcohol
Commissioner Bourgeois's question,because I thought I had
you have to have full service in Viva a Go Go.You have beer
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COMMISSIONER KANE:And I'll come see you
JEFF HANSON:Okay,please do.
2 Ipersonally next time I come in.
19 lof a lot of people that aren't finding seats.
And you are requesting that
Your outdoors seating,do
commissioner Bourgeois,are you
COMMISSIONER SAYOC:
COMMISSIONER SAYOC:For both the old and the new.
JEFF HANSON:For the new entity?
CHAIR TALESFORE:
JEFF HANSON:For Viva,they will be seated by a
COMMISSIONER SAYOC:
that might need a seat and want a martini with their salad.
window.This probably happens once or twice a week,where we
they have to be seated there by a hostess?I'm trying to
hostess.For Viva a Go Go,they're on their own.
need that overflow for just a little bit.But as we grow as
finished?Commissioner Sayoc.
alcohol be permitted outside,is that correct?
going to try to promote that.Now remember,this is a small
remember how that works?
a business,I would love to be able to take care of people
the Viva a Go Go food,you'd go to the counter,and we are
JEFF HANSON:It depends.If you wanted to order
I would sit down and be waited on?
CHAIR TALESFORE:I would order at the counter or
7
1 lorder it?Do I sit down?Is there a waiter?Do I go to the
bar and bring it in?How does that work?
JEFF HANSON:We will have people that can
are in that area that can actually go and help that person.
4 ,actually take those orders for them.We have servers that
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I'm still having a little
I think looking at it from an
COMMISSIONER BOURGEOIS:
CHAIR TALESFORE:Thank you.Commission Bourgeois
JEFF HANSON:
CHAIR TALESFORE:IS there a question?
COMMISSIONER KANE:Don't you?
for a full bar over in the take-out place,when you've
who come in for fine dining would want to go over for
already got the beer and the wine,and I don't think diners
when I see probably all Jan Philips and her crew,they come
in,they can't find a seat.They would love to sit down and
enjoy a happy hour cocktail and food,and if I can at least
an unregulated expansion of full-service alcohol.
burgers,because there was a seat available.I think that's
operator's standpoint,my job is to take care of people,and
swing them into that area for one hour,then I can take care
Go Go;I want to have a cocktail.Do I go to the counter and
want to go to Viva;there are no seats.I go over to Viva a
trouble understanding the logistics of that.So I COme in,I
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5 lis not in favor of unregulated expansion;it discourages it.
I'm just trying to see,and I'm not hearing,the necessity
COMMISSIONER KANE:The Town ordinance on alcohol
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JEFF HANSON:As long as it's within the perimeter 1 JEFF HANSON:What I'm saying is this:When you
2 I boundary,what we designed.I 2 Icreate a new restaurant,and I've seen this before many
3 I COMMISSIONER SAYOC:Right,of both Viva a Go Go 3 times,you can all of the most splendid,wonderful ideas on
as well as Viva?
JEFF HANSON:Of both,yes.
CHAIR TALESFORE:Do I have any other questions?
what's going to happen,until you open your doors.This
happened at the Tech Museum,when I was with Cafe Primavera,
and we thought we had a great way to handle taking care of
Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I'm sorry,you probably
7
the crowds,and we couldn't.We discovered after the first
week of operation exactly what we needed to do,and I see
10
waitresses in the addition too?Or do they go up to the
already answered this,but you are going to have waiters or
desk?
The reason I'm asking theCOMMISSIONERO'DONNELL:
can dedicate a person to help out,I will.But again,I
week or two and I can watch what is really going to happen.
question,we have to decide on that whether we're going to
won't be able to tell until we have that open for about a
Viva being the same way in that I'm going to come in with a
recommend approval,or approve it,whatever we're dealing
plan of action.I would rather not see people having to get
up and move,you know,come in,pile up at the bar,but if I
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JEFF HANSON:Let me take that.I really want to
those people are really going to do their own legwork.Once
discourage anybody waiting tables in the new venue.I think
in a while we might try to help,but in most cases Viva a Go
Go,when they're seated there,they're on their own.
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17 JEFF HANSON:They would have to go to the bar to 17 with,and I personally am concerned today,not a week after
18 Iyou open,what we're approving.
18 lorder it.
19 COMMISSIONER O'DONNELL:So you're going to have 19 And as I visualize it now after listening to you,
20 lall these people,you've got a crowded Viva restaurant,you
you clarify that?
COMMISSIONER O'DONNELL:That's what I heard.Can
standing at the bar?Is that what you're saying?there;they've got to come back in the place where there was
can't get a drink because there'S no waiter or waitress over
not enough room for them.That doesn't make a lot of sense
from a planning standpoint.It may make great business for
you,because you're going to roll with it,but I don't know
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No.JEFF HANSON:
need overflow,now you've got people coming back in and
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1 I that we can say roll with it,and so that's why I was trying
to pin you down a little bit.If in fact we're just going to
build people up standing at your bar,I'm not sure that's a
4 Igood situation from a regulator's standpoint.That's why I
5 lasked the question.
JEFF HANSON:And I understand your concern about
it,and I think in some ways those people that know me and
know the operation can trust that I will do the right things
JEFF HANSON:Yes.
COMMISSIONER MICCICHE:Could they order a drink
there?I mean the same rules are going to apply.They can
4 lonly drink beer,wine,or whatever,if we do approve this,
inside that section of the restaurant?
JEFF HANSON:Yeah.
COMMISSIONER MICCICHE:That's the way I read the
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40 years.
for the people and for the business.I've been at this for restrictions?
But they would have to
Correct.This is not going to be a
COMMISSIONER MICCICHE:
JOEL PAULSON:
JOEL PAULSON:They will have to serve alcohol,
the outdoor seating area with meals.
full liquor,and then to be allowed to serve full alcohol in
whether it's beer and wine or full alcohol service,with
meals.The two expansions they are asking for is to go to
have it there;they can't take it with them?
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COMMISSIONER MICCICHE:Let me ask a couple of
CHAIR TALESFORE:Thank you.Commissioner
The existing small restaurant,the High Tech
O'Donnell,you're finished.commissioner Micciche.
little clearer into this.
Burrito place that serves beer,the rule is that they can
questions of what's happening now and maybe we can lead a
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19 Icorrect?
only order beer and wine if they eat the meal inside the
order this beer and wine at the front of the place I assume,
would somebody bring it to
we'll have interfacing computers.
COMMISSIONER MICCICHE:Okay,so they wouldn't
COMMISSIONER MICCICHE:Why can't they order it
COMMISSIONER MICCICHE:
JEFF HANSON:They can.
JEFF HANSON:
them then?
take out.
have to walk over to the other bar.
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All right.So the onlyCOMMISSIONERMICCICHE:
JOEL PAULSON:Yes,that's correct.
JEFF HANSON:I guess.Is it?
thing you're adding here is they go up to the front now to
right?
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1 Iwhat I'm hearing is we haven't thought that out,but we
2 lought to do it now if people are concerned about it.
JEFF HANSON:That's what I'm saying.When we get
into that situation,which again,does not happen that
often,this happens maybe once to twice a week where I would
need to do that,but I can dedicate a server in that section
for watching a few people that decide (inaudible).
4
JEFF HANSON:Okay.
COMMISSIONER MICCICHE:So I mean right now how
would you structure people getting a mixed drink at Viva a
COMMISSIONER MICCICHE:So if it's important to Go Go?
the Commission that we understand that when somebody's going
to order alcohol,if we expand this license,that they order
it at the existing area where they order beer and wine now,
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JEFF HANSON:I would dedicate a person to
handling anybody that would like a cocktail,and in most
cases those people would order at the computer,because we
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to them where they're sitting?
19 I themselves?
Well,first of all,the waits should
COMMISSIONER MICCICHE:All right.Thank you.
COMMISSIONER MICCICHE:So we could condition that
CHAIR TALESFORE:Because I'm concerned about how
JEFF HANSON:Sure.
JEFF HANSON:
JEFF HANSON:I think if the law said we could do
there will be a person there to bring it to them?
CHAIR TALESFORE:I have a question.If I'm coming
into viva a Go Go to order food,and there's a long wait,
have interfacing computers between the two restaurants.
only happen at Viva,not at viva a Go Go,because it's a
and then I decide to order a drink and not have any food at
your restaurant,would I be served?
much quicker restaurant;it's very different.
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I understand the Viva
See,my concern is that if
COMMISSIONER MICCICHE:
COMMISSIONER MICCICHE:
COMMISSIONER MICCICHE:They don't take it
JEFF HANSON:In most cases anybody that gets a
JEFF HANSON:Well again,trying to police people
JEFF HANSON:Yes.
is not easy.
they're going to sit outside,then I'm not sure how they're
dedicated to that.
themselves?I mean it's brought to them?
that when they sit down then,that liquor would be brought
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majority of our business at Viva a Go Go is going to be
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part;it's Viva a Go Go that's got me confused.So I guess 25
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22 ,in violation of their use permit.
line.
have to have dinner,right?
is not a failsafe restriction?For example,there are a
three to ten diners on the left-hand side who are innocently
CHAIR TALESFORE:Right.Do we have any other
Next speaker card is for Elizabeth Cilker Smith.
ELIZABETH SMITH:Good evening.Thank you for
As owners of Cornerstone Shopping Center,at the
eating,get blasted with cold air.And then the diners that
So what do we do?The sun in the afternoon comes
entranceway,and as a customer is opening the door,the
problems,and Viva's patio has three problems.The first
ought to be made up before we are asked to approve it.
problem is sun.The second problem is wind and weather.And
Withey Avenue in Monte Sereno.
end of the day we want our visitors to feel special.
in with a blinding glare.The winds whisks down the
questions of this speaker?seeing none,thank you very much.
the third problem is customers that want to eat at it,and
are eagerly asking to do that all the time.
going to make it up as we go along.I personally think it
having me here.I'm Elizabeth Cilker Smith and I reside at
However,we don't want them to sweat all the small stuff and
on their part.But I'm still troubled by this idea of we're
order that hamburger now,"I don't think that's a violation
and you say,"You know what?I don't think I'm going to
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3 lis if you go in and you're standing in line in viva a Go Go
2 Ihave dinner,"what are they supposed to do?All I'm saying
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at the bar.Now if you stand up and say,"I'm not going to
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Let me ask a question of
The restaurant doesn't
whatever.Alcohol,a martini,
And what would you order?
CHAIR TALESFORE:
JEFF HANSON:
COMMISSIONER O'DONNELL:
COMMISSIONER O'DONNELL:
CHAIR TALESFORE:Do we have any other questions
SANDY BAILY:There are restaurants that have been
JEFF HANSON:Got ya.
CHAIR TALESFORE:So that's my point.
JEFF HANSON:Okay.
CHAIR TALESFORE:You could have 20 people in
JEFF HANSON:Right.
CHAIR TALESFORE:And I see the server and I say,
"Hey,get me a drink."
whatever;I don't drink.
Staff.Is the fact nOw that the restriction on serving food
number of restaurants in town where one goes in to have
dinner,but if you sit down at a bar-I can think of several
oh wait a minute,you can't leave,you had a drink,now you
restaurants in town in which it is permitted-they can't say
of Mr.Hanson?Commissioner O'Donnell.
know when you come in and sit down and order a drink that
you're waiting for dinner.A lot of people have dinner right
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2 I Paulson and he'll hand it to us.Thank you very much.I'm
not sure what you meant by,'some of you came out"and
helped them redesign.
ELIZABETH SMITH:Mr.Paulson suggested an
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are out on the patio are often uncomfortable by these
elements and distracted from the fine dinner that's being
served to them.
We came to you and we solved these problems by
hanging retractable shades down that allow the sun to come
through,but block the blinding glare,and then putting up
glass panels in order to keep the wind and that cold air
from coming in,and then a very attractive door that would
not allow the air to come into Viva as the door is opened.
However,your consultant,Mr.Cannon,and I talked
to him personally,feels that as you drive down the
entranceway the view depth is distracted by a door that
blocks the view and makes a very flat entranceway.So then
Mr.Cannon then suggested that we create a hallway down to
the patio with two adjacent side doors and not have a door.
However,we need the door for the wind that comes in to the
restaurant when that first door is opened.
So Mr.Paulson came out,and some of you came out,
and had an alternative design,and that design was to bring
the door within 8'of the present door.However,when that
door is opened,the other side doors create a very congested
and uncomfortable feeling;there are too many doors opening,
and as both doors open there is no place to stand.So
tonight I come forth to you with an alternative,slightly
different plan.
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CHAIR TALESFORE:Would you just hand it to Mr.
alternative design,and members of the Town had come out;
maybe it was the Staff.
CHAIR TALESFORE:Thank you.Just so we're clear
that it wasn't commissioners that came out and did that.
ELIZABETH SMITH:And the design that I've given
you,we have put the attractive garden door,which does have
glass,we've retracted it and established it 3.5'from the
entranceway,so there's still a sense of depth.
Now I want to clarify to you that the door will
have glass,though at present the doors at Viva do have
glass and do reflect as the cars drive in,which all the
glass does with the headlights and any of the sun.So we
still have reflection,we still have glass,but we need the
glass to protect against the wind;we need that barrier.
These doors are attractive;they give the
pedestrians a sense of anticipation,a sense of almost
mystery as you come into the garden area,which is our
signature patio there.By allowing the doors,and
establishing them at 3',we keep the volume of the height of
the tower intact,and then we allow alignment of the design
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1 Ifrom the fa~ade from Whole Foods to continue on down in a we put the doors3.5'feet from the columns,there's already
2 Istraight line without any type of distraction.
We like to keep a clean and unencumbered space so
2 la beam;it's very easy to construct the doors,and from a
pedestrian point of view,it's very inviting,very enticing.
4 I the servers and the diners can move at ease.If we 4 CHAIR TALESFORE:Do we have any questions for
established a hallway as Cannon had suggested,we have to this speaker?seeing none,thank you very mUCh.
create two more doors;we'd actually have four doors in a 6
ELIZABETH SMITH:Thank you.
back up.Mr.Jacob,would you like to add anything?You have
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very small area,not allowing the service to move at ease.
So I feel that this plan is a compromise and I
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CHAIR TALESFORE:I will now call the applicant
would certainly hope that you would look at it seriously three minutes.
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tonight.This is actually a picture of the door.
CHAIR TALESFORE:Hand that to Joel Paulson.Thank
you.
ELIZABETH SMITH:Are there any questions?
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BEAU JACOB:I think they actually spoke it quite
well,and we just respectfully pray that the Planning
Commissioners consider our request and approve what we're
hoping to do,because we feel like it's a benefit to the
13 CHAIR TALESFORE:I have a question.The gate
13 community.
19 Ithe community of Los Gatos.We certainly invite each and
20 levery one of you to come out and dine with us as often as
17 fallowing us to expand,hopefully we'll have additional funds
18 land time and capital to continue to do the things we do for
21 Ipossible.
CHAIR TALESFORE:commissioners,does anyone have
We hope to continue to provide what we have to the
various organizations,schools here in Los Gatos,and by
community through charitable contributions and donations to
commissioners for discussion,a motion,or questions of
going to close the public hearing and look to the
any questions of Mr.Jacob?No.Thank you very mUCh.I'm
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14 detail,is that the one that's reflected on...
15 ELIZABETH SMITH:I'm passing it out.Yes.
16 CHAIR TALESFORE:Oh,it's not the one that's in...
17 ELIZABETH SMITH:It's the same one.
18 I CHAIR TALESFORE:Exhibit H?
19 ELIZABETH SMITH:Yes.
20 CHAIR TALESFORE:On A2.0?
21 ELIZABETH SMITH:Yes.
22 CHAIR TALESFORE:Thank you.
23 ELIZABETH SMITH:The town that designed that was
24 actually recommended.It's difficult for us because it
causes a lot of detailed additional construction,whereas if
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1 !Staff.Commissioner Rice,you were right up there.And then 1 CHAIR TALESFORE:Okay.Thank you,Mr.Paulson.
not have outdoor seating at all,correct?
COMMISSIONER RICE:Question of Staff.The
Commissioner Sayoc,and then Commissioner O'Donnell.
original restaurant,and I'm going to go back a ways,did
As I look at this drawing that we were just given,
COMMISSIONER O'DONNELL:The compromise location of
the gate would be set back,I don't know how many feet that
the patio door,I understand the two comments.Our
architect,I think,makes a good point,but on the other
hand,I can understand the restaurant's difficulty.
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COMMISSIONER RICE:They were originally?
JOEL PAULSON:Both the original restaurants were
approved for outdoors seating.
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20 Iresidents were notified?
19 lwas an answer to the question of how far on the map the
JOEL PAULSON:Yes.
COMMISSIONER SAYOC:At any point.
Commissioner Micciche.
COMMISSIONER MICCICHE:Would be consider doing it
CHAIR TALESFORE:
The more difficult part of this is while I'm very
this is going to be done,and because of that it's sort of a
be wrong.But in any event,the drawing shows it set back
with direction?
to the satisfaction of the community Development Director,
is,I think there was testimony it might be 4',but that may
me is the easy part of this.
for one would support the set back on the door.So that for
receptive and sympathetic to their request,I'm not
and I can see the difficulty and I guess all I'm saying is I
satisfied that we have received a clear enough plan on how
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20 Ito do,and then we could decide whether we thought that was
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"trust me"kind of thing,and that's not our job,and
18 !therefore on that one,I would be inclined to sending that
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Well,close enough.I mean
COMMISSIONER SAYOC:I just wanted to see if there
CHAIR TALESFORE:Would you like to see that now,
JOEL PAULSON:I showed Mr.Kane.I can pass that
COMMISSIONER RICE:
COMMISSIONER RICE:And were the railing and the
JOEL PAULSON:The railing and glass is new,which
Commissioner Sayoc?
notification list to each of you.
that's fine.Okay,that's good for now.
CHAIR TALESFORE:Commissioner Sayoc.
is what they're proposing to continue on the other sides.
glass that is there part of that approval,or did that come
later?
That was done in I believe 2005 or 2006.
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CHAIR TALESFORE:would you like me to poll the 1 CHAIR TALESFORE:A method of what?
Commission on that?2 COMMISSIONER MICCICHE:Of serving.
COMMISSIONER MICCICHE:No,I'm asking the maker CHAIR TALESFORE:I don't think that's our
4 of the statement that.4 business.
5 CHAIR TALESFORE:Okay,Commissioner O'Donnell?5 COMMISSIONER O'DONNELL:Yeah,this is not our
COMMISSIONER O'DONNELL:I get confused here.On business.
liquor applications we make a recommendation to Council.7
CHAIR TALESFORE:We're here to evaluate and
CHAIR TALESFORE:Yes.approve,or not.
COMMISSIONER MICCICHE:On the liquor,but not on COMMISSIONER MICCICHE:We can suggest it.
the A&S.
COMMISSIONER O'DONNELL:I can't say I'm going to
make the recommendation based on what somebody else decides.
18 Ipeople I think.
CHAIR TALESFORE:Okay Commissioner O'Donnell.Who
COMMISSIONER O'DONNELL:I really think the people
believe they know what they're doing.They've got to sit
who run the business,they run a very good business,I
down and think about it,and then they've got to tell us
to know after their considered reflection,what are they
what they want to do.It's not our business to run their
business,and they're happy about that.So I'd kind of like
asking us?And I can tell you right away,if there's
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20 lis next?Who had their hand up?Okay,my comment is going to
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21 Ibe in line with that.I thought Viva a Go Go was about food,
But I didn't have a
No,I was talking about
I'm talking about the
Oh,I thought you were
No,I'm saying the A&S
Oh,I'm sorry.
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COMMISSIONER MICCICHE:
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isn't a recommendation.
14 COMMISSIONER O'DONNELL:
15 problem with the A&S.
16 COMMISSIONER MICCICHE:
17 referring to the A&S.
18 COMMISSIONER O'DONNELL:
19 I (inaudible).
20 I COMMISSIONER MICCICHE:
21 COMMISSIONER O'DONNELL:
what we're approving,and we don't know.
confusion,in my mind at least,with the service of
essentially hard alcohol,and I'd just kind of like to know
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COMMISSIONER MICCICHE:Could be suggest a method?
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and I'm hearing a lot of other things that it's about,and a
lot of it's about accommodating overflow.He wasn't going to
have a server in the beginning,but then they were going to.
We had to go up to the counter and electronically order a
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makes me very uneasy.
drink in viva a Go Go.I mean I heard a lot of things.It
2 I that.Then what I'd like to suggest maybe is to continue
COMMISSIONER RICE:I don't have a problem with
COMMISSIONER MICCICHE:I would ask Staff if
CHAIR TALESFORE:Okay,I will take that.
Commissioner Micciche,would you like to make a comment?
this to our next meeting,and that might give our applicant
about.
an opportunity to refine some of the issues that he's heard
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I'm sure you're a wonderful manager,Mr.Hanson,
black and white exactly how this is going to work,and I
based on who you are.So I would agree,we need to see in
Paris for the rest of your life,we cannot give you a CUP
don't see that here.
and it's not about you,but if you just decide to go to4
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18 Isingle all or nothing?For example,can we deal with the
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COMMISSIONER RICE:
CHAIR TALESFORE:Right.We could do that.I would
that's possible first.
that issue with how the service goes is ironed out to the
recommendation to the Council,if we can see it in two
items that they're requesting.
little more than we have right now,and before we make a
items.You can individually add direction for each of those
in that I think our recommendations should be based on a
it involves alcohol.So you could make recommendations that
JOEL PAULSON:Well the issue is you're only
making a recommendation to the Council for the CUP,because
and then as well as the hours,the entertainment,the other
satisfaction of the council,not the Community Development
Director,to the Council,before they make their decision,
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20 Isee what they're doing as well.Commissioner Rice,did you
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Just a question:Is the CUP a
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CHAIR TALESFORE:I think it's everything in one,
COMMISSIONER RICE:
the condition of it.And it would also be the entertainment,
On the A&S,I do think that the front gate,I
Okay,Commissioner Rice.
and so if you'd like to comment.
which I haven't heard about from any of the commissioners,
that's where I am on that.
for me that doesn't work.But that's a minor issue.So
really sets a nice model and nice example of our town,and
itself,is out of character with the whole shopping center.
I think that shopping center is beautifully designed and
liked what Mr.Cannon said and I totally agree with him.I
think that front gate detail design,although lovely by
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weeks,or if that's full and we have to go four weeks,I'm
hopeful that that's not burdensome on the applicant,but I
1 Iraise your hand and say aye.That would be four.And all
those opposed say nay.That would be three,so it passes 4-
can't pass this to Council the way it is,or even with some 3 13.
recommendations.
CHAIR TALESFORE:commission Bourgeois had his
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SANDY BAILY:Let me just state for the record
this decision is appealable to the Town Council and appeal
hand up,then Commissioner Kane,and then Commissioner
O'Donnell.
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forms are available upstairs.
CHAIR TALESFORE:Thank you very much.
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the A&S.That's how we wanted to go first?
18 land I have a second as well.So I'm going to call the
COMMISSIONER BOURGEOIS:I think we wanted to deal
That was a motion,correct?CHAIR TALESFORE:
COMMISSIONER RICE:I'll second.
COMMISSIONER O'DONNELL:On the second matter,the
COMMISSIONER MICCICHE:I'd like to ask if there
COMMISSIONER O'DONNELL:Yes.
CHAIR TALESFORE:Okay,and that motion is
that we then set it for a date certain and consider it.
they are.I would like to know what their plan is to
first?Okay.Any discussion on this?Commissioner Micciche.
concerns,and I think they ought to be fairly clear what
details on the plan in particular for the service of alcohol
seconded by commissioner Rice.Do we pick a date certain
are any other comments regarding the entertainment,the
in the Viva a Go Go premises,and that we have expressed our
overcome those questions that we have,and I would suggest
applicant and ask the applicant to provide us with further
CUP,I would suggest that we essentially remand it to the
Commissioner O'Donnell.
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We have a motion to approve the
All right.I'm going to call the
CHAIR TALESFORE:Yes.
COMMISSIONER BOURGEOIS:So I'm going to make a
CHAIR TALESFORE:
COMMISSIONER BOURGEOIS:Yes.
CHAIR TALESFORE:
COMMISSIONER KANE:The maker of the motion,does
that include modify and expand existing rails and glass
009,based on the considerations,and I would like to have
the compromise design that was just handed out to us.
question.So all those in support of Architecture and site,
surrounding the areas,defining a new outdoor eating area?
just handed out to us,which is reflected in #1,whatever,
Architecture and Site with the compromise design that was
motion to approve Architecture and Site Application S-07-
with this in two pieces,so I'm going to make a motion on
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this,but not okay with this,and I got no,we've got to
2 lif we could bifurcate the issue and say that we're okay with
1 Ihours and so forth,so that they can be addressed all at the
2 Isame time.
CHAIR TALESFORE:Yes.
COMMISSIONER MICCICHE:So if anybody has that,
1 COMMISSIONER RICE:That was what I asked earlier,
handle the whole thing in total.So maybe I misunderstood
I'd like to hear it voiced.I'm just asking that all of us
consider that.
5 the answer,or the question was misunderstood.
CHAIR TALESFORE:Staff,can you comment on that?
COMMISSIONER RICE:I'm fine with that.That's my 7
SANDY BAILY:Well I think it was the
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CHAIR TALESFORE:Okay then,could we have the
COMMISSIONER MICCICHE:Yeah,we did that.
COMMISSIONER RICE:But I don't want to.
ORRY KORB:You've taken care of that.You've got
CHAIR TALESFORE:Okay,wait a minute.Can I have
ORRY KORB:Well let's just simply say that the
A&S first of all is separate and apart from the CUP.
in with them,so it makes sense,particularly because
entertainment is tired in with alcohol service and there are
liquor for Viva a Go Go as part of the recommendation.
answer now?
some order here?Now wait,are you continuing your line of
questioning to the Staff?Commissioner Rice,and then
a number of issues related to the CUP.The alcohol is tied
misunderstood question and the answer together.
all of the CUP issues and send them off to Council with your
some policies that address that,so it makes sense to bundle
recommendation.But you can recommend denial for the full
Commissioner O'Donnell.
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The only thing that gives
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COMMISSIONER BOURGEOIS:
CHAIR TALESFORE:And Commissioner Bourgeois.
COMMISSIONER RICE:Yes,I'm okay with the hours
the CUP,except for that portion of it,and Council can do
time,if they have more detail and can convince Council to
with more detail,knowing that we recommended approval of
what they please.So that would be my preference.
achieve.They've heard our comments,they'll come to Council
I'd like to just approve the CUP except for that portion.
Send it to Council with that recommendation,and at that
and I'm probably not going to support the motion,because
change that,then I think we've achieved what we wanted to
and the entertainment.
everything else?
me concern is the full liquor in the Viva a Go Go section,
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COMMISSIONER MICCICHE:You're fine with
CHAIR TALESFORE:You're fine with the hours?
comment.
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COMMISSIONER RICE:I don't want to deny the
alcohol.My goal is to be able to send to Council a
recommendation for approval of whatever we have seen.Right
now the only thing that concerns me,of what we have seen
5 ,for the CUP,is the way the alcohol is going to be served in
Viva a Go Go,so my initial thought was to continue this to
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CHAIR TALESFORE:Right,and I would agree with
that.Commissioner Kane as been patiently waiting to speak.
COMMISSIONER KANE:I want an approval to continue
past 11:00.
COMMISSIONER MICCICHE:Past 11:30,it is.
CHAIR TALESFORE:Oh,my gosh.Did you have a
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with a little bit better handle on how the alcohol is going
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question or comment?
COMMISSIONER KANE:The issue for me is that given
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to be served.If we're comfortable with that,then we'll
send it off to Council with a recommendation for approval as
we have seen it at that point.
CHAIR TALESFORE:Okay,that is what I thought I
understood.Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I think that was my
motion,so that's what I understood too.But I just wanted
to say this:While I think Commissioner Bourgeois'S
suggestion is clearly a valid one,I feel our job,our
obligation,is to try to understand something before we pass
it on to the Council.I don't understand this proposal and I
don't think the applicant did either.I think we were
thinking on our feet.I think to discharge our
responsibility to the Council,we ought to try as best we
can to make the applicant understand what he's asking to do,
and then we can decide whether we agree with it.Then we can
tell the Council yea or nay without saying we don't
understand:that's your job.
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the dialogue between Mr.Hanson and Commissioner O'Donnell,
this has not been thought out,and what I'm seeing having
been there is we're going to extend the bar,and that's not
okay.
If you look at the model of Los Gatos Cafe and Los
Gatos Coffee Roasting,there's a system for buying the wine
with the meal.You know,it's all regulated.But if you've
got a happy hour crew,if they're buying a meal at the
existing bar and they overflow to Viva a Go Go,they're not
going to go in there for hamburgers:they're going to take
the booze with them.So I'm not sure you can come up with an
acceptable regulation that the crew is going to fall in
behind.So you've got a good setup,you've got extended
seating,you've got this,that,and the other thing.Leave
the full booze out of Viva a Go Go and go with the wandering
harp and the hours that you asked for.But I don't think the
full service is going to make it to Viva a Go Go:I think
they're just being nice.
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
42
20 lof the approved occasional incidental entertainment,such as
I have a motion to extend the
44
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
ORRY KORB:And Madam Chair,for the record the
CHAIR TALESFORE:
ORRY KORB:And to continue the public hearing to
CHAIR TALESFORE:The motion is to remand the
SALLY BAILY:Can you remind me what the motion
In five minutes it's going to be 11:30.We now
CHAIR TALESFORE:Thank you,Mr.Korb.So I'm
COMMISSIONER MICCICHE:I make a motion to extend
CHAIR TALESFORE:Thank you.So I'm going to call
is?
the motion unless we have a question.
including clarification of the entertainment.
this until 12:00 o'clock if we have to.Now we need to
explanation of the alcohol use in the proposal,and
going to call the motion now.All those in favor,say aye.
the motion dies.
March 28"'.
Opposed?None.Okay,so the motion passes.We will continue
conditional use permit back to the applicant for further
All those opposed?That was three yes and four opposed,so
March 28"'.
meeting to 12:00 o'clock and a second.All in favor say aye.
have to have a motion to extend the meeting.
1
6
4
5
2 Idate of continuance,if you choose to do that,would be
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20 Ithe meeting until 12:00 o'clock.
COMMISSIONER BOURGEOIS:Second.
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Did you read the Staff Report on
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
I would suggest that we take a vote on this
CHAIR TALESFORE:Commissioner Micciche.
CHAIR TALESFORE:
COMMISSIONER MICCICHE:As I understood what Mr.
COMMISSIONER MICCICHE:No,I asked if there were
know what I didn't understand before I send it off.
CHAIR TALESFORE:And that might be good,because
entertainment.
other live music is not consistent with the alcohol policy."
motion.I would support that it comes back to us so that I
that?Because,'The Town's current alcohol policy requires
the one thing we did not discuss or address is the
entertainment,and to date standards and a permit process
its standards and a permit process be established for
I'm feeling that way,that what we should do is recommend
any issues other than that and I didn't hear any.
Go Go;he wasn't leaving it up to anybody else,and I'm
agreeing with that statement,if that's the statement he
approval of the CUP,but without full liquor license in the
Bourgeois said,he said he was not going to support the
viva a Go Go portion.
made.I think I just heard the same thing from Mr.Kane,and
1
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4 Imotion because he didn't want full service liquor in Viva a
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19 Ihave not been adopted,so therefore the proposed expansion
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1 Ifinish this,and I'm looking for another motion.entertainment that they currently have,so they're operating
Commissioner Kane.2 Iwith beer and wine only.Let me just again remind the
COMMISSIONER KANE:I voted no because I didn't I 3 I commissioners,you previously discussed a motion to
10
19 luse.So in effect,what it means is if the want to go to
to know what I'm doing.Could Staff tell me about what we
need to do under the entertainment section?I'm not getting
The hours are okay.
And the hours?
Right.
That's your discussion.ORRY KORE:
ORRY KORE:
COMMISSIONER MICCICHE:
COMMISSIONER KANE:
CHAIR TALESFORE:I would like to discuss the
COMMISSIONER MICCICHE:Alcohol at Viva a Go Go?
COMMISSIONER BOURGEOIS:I'll go ahead and make
So again,if you want to send this on,your
the entertainment under the current alcohol policy,and
entertainment either,because again,that would be modifying
discussing,would be to approve the CUP,except not to
because there is beer and \~ine there already,then that
the entertainment,the alcohol,and you can't approve the
modify the entertainment and alcohol service.
recommendation,it sounds like,based on what you've been
would mean that you can't approve it.
5
4 Irecommend approval of all aspects of the use permit except
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19 Ihours right now.Commissioner Bourgeois.
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ORRY KORE:I'll take a stab at it.They currently
it and it's late.
entertainment until such time as the Town has adopted a
they fall under the current alcohol policy that does say no
even though the High Tech Burrito location did have a beer
and wine license.If they wish to modify,as they have
have approval for some light entertainment;that is allowed
applied to do,their use permit to go to full alcohol,then
expansion of the bar,but it's late and before I vote I want
don't think it's a good idea.I think it's unregulated
try to figure out something I didn't think he could figure
out,but it is possible,but aside from that,because I
4 Iwant to unfairly make the applicant go back for a month and
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20 Ifull alcohol,they can't get the entertainment they're
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COMMISSIONER MICCICHE:And I'll second that
ORRY KORB:And I'll repeat it one more time.The
motion is to recommend approval of the CUP with the
motion.23
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21 I that motion as stated by the Town Attorney.
ORRY KORB:If they stay with their current
license,then they're basically grandfathered in with the
they have,they can?23
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21 lasking for.
COMMISSIONER KANE:But if they stay with what22
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LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
45
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
46
1 lexception of the request to expand liquor service and expand
the existing entertainment.
1 SANDY BAILY:I'm not certain,but I think there's
like the Wine Cellar;I think that's open until 1:00.I'm
COMMISSIONER MICCICHE:No,you're allowing the 3 Inot certain though.
alcohol.4 CHAIR TALESFORE:Well if you're not certain,
CHAIR TALESFORE:Excuse me.Commissioner 5 that's not answer for me,is it?
Micciche,would you like to comment on that?6
SANDY BAILY:Okay,but I think there are some
COMMISSIONER MICCICHE:No,I'm seconding it.7
restaurants.
CHAIR TALESFORE:All right,so you heard it.Any CHAIR TALESFORE:I didn't know that there were.
discussion?I do have an issue with the times,but it SANDY BAILY:We could check that for you.
doesn't sound like I'm going to get any support on that,so
COMMISSIONER BOURGEOIS:Do we know what the
1:00 o'clock.
CHAIR TALESFORE:Well it's not about us being up
Well the existing is what itCHAIRTALESFORE:
existing CUP says?
late,but I don't know that there is a restaurant open until
says in here.Joel,can you help us out with that?
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12:00 o'clock,but then hey,you know,I've been wrong
it may be why I don't support this motion,because I don't
think we've thoroughly thought that through or discussed it.
My issue is the 1:00 o'clock,and the fact that it
sounds to me like that's really when you're in there for
drinking.I can't think people are in there eating past
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16 before.I would think the hours could be at 12:00;I think
16 JOEL PAULSON:12:00am,Friday and Saturday.
17 I that would be reasonable.Do we have another restaurant in 17 CHAIR TALESFORE:Yeah,so would the maker of the
18 Itown that's open until 1:00?This would be the first one?18 motion please accept the existing hours as they stand?I
19 ICommissioner Sayoc.19 don't see a compelling reason here.
21 Ithe latest a restaurant in town is open until?
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COMMISSIONER SAYOC:The question then is what is
CHAIR TALESFORE:Right.I mean I think this is
going to set a precedent.
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COMMISSIONER RICE:You mean closing hours.
CHAIR TALESFORE:Closing hours.
ORRY KORB:If this is a critical question,then
we can run back and pull the files on at the very least,the
Wine Cellar,and see if we can determine their hours.
25 25
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
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LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
48
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CHAIR TALESFORE:I don't think it's that
critical,but thank you for offering to do that,Mr.Korb.
ORRY KORB:I'm not,Sandy is.
CHAIR TALESFORB:Oh,thank you,Ms.Baily.So
maker of the motion,would that be acceptable to you?
COMMISSIONER BOURGEOIS:Yeah,I think that would
be acceptable to me.
COMMISSIONER MICCICHE:Fine.
CHAIR TALESFORE:All right,fine.And the
seconder was as well.Thank you,I see nods of head yes.
Okay,then I'm going to call the question and not restate
the motion.So with that being said,all in favor of the
motion?That's seven.All against?None.Thank you.The
motion passes.
ORRY KORB:This is a recommendation to the Town
Council,which will hold a meeting,which will be scheduled
by Staff,and notification will be sent out accordingly.
LOS GATOS PLANNING COMMISSION 2/28/2007
Item #4,15960-15970 Los Gatos Blvd.
49
1
REPORT TO:
FROM:
LOCATION:
FINDINGS:
CONSIDERATIONS:
ACTION:
EXHIBITS:
Date:~F~e~bru~a~ryI....:.2~2:.>.,_==2.:::.00::::...:...7
For Agenda Of:February 28,2007
Agenda Item:....:.4
The Planning Commission
The Director of Community Development
15960-15970 Los Gatos Boulevard
Architecture and Site Application S-07-009
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant (Viva
Primavera)with alcohol service to expand the hours of operation,modify
outdoor patio dining area,expand to an adjacent tenant space (formerly
High Tech Burrito),expand to full liquor for Viva A Go-Go and allow
service of alcohol in the outdoor seating area for Viva A Go-Go,and
expand approved entertainment on property zoned C-l.APN 523-01-012
and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
DEEMED COMPLETE:February 12,2007
FINAL DATE TO TAKE ACTION:August 12,2007
•As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
•As required by the Town's Alcohol Policy to serve alcoholic
beverages past 10:00 P.M.
•It has been determined that this project is Categorically Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
•As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
The decision ofthe Planning Commission is final unless appealed within
ten days.
A.Required Findings (4 pages)
B.Resolution 2001-106 (6 pages)
C.Existing Conditions of Approval 15960 Los Gatos Boulevard
(Formerly High Tech Burrito)(2 pages)
D.Existing Conditions of Approval 15970 Los Gatos Boulevard (Viva
Primavera)(2 Pages)
E.Proposed Conditions of Approval (4 Pages)
F.Letter of Justification,received February 20,2007 (3 pages)
G.Consulting Architect Comments
H.Development Plans (3 pages)
ATTACHMENT 4
II
15960-15970 Los Gatos Boulevard /S-07-009 and U-07-06
Page 2 of5
RECOMMENDATION
SUMMARY:Forward a recommendation to the Town Council.
A.BACKGROUND:
1.15960 Los Gatos Boulevard (High Tech Burrito)
On May 5,1997,the Town Council approved a Conditional Use Permit (CUP)for a high
tum over sit down restaurant which allowed:
• A total of 16 seats,indoors and outdoors;
•Hours of operation from 10:00 AM to 10:00 PM;
•Outdoor seating;and
•Beer and wine service with meals,inside only.
2.15970 Los Gatos Boulevard (Cafe Primavera)
On January 26,2000,CUP Application U-99-11 was approved by the Planning Commission
to operate a restaurant (Cafe Primavera)with outdoor seating and full liquor service at 15970
Los Gatos Boulevard.The approval was for a quality restaurant which allowed:
• A total of 160 seats,indoors and outdoors;
•Hours of operation from 8 :00 AM to 11 :00 PM Monday through Thursday and 8 :00 AM
to 12:00 PM Friday through Sunday;
•Outdoor seating;
•Service of alcoholic beverages with meals;
•One private dining room for banquets and meetings;and
•Occasional,incidental,entertainment such as a piano or harp accompanist.
In 2006
B.REMARKS:
1.Conditional Use Permit
The applicant (Viva Primavera)is requesting approval to modify the existing CUPs for
15960 and 15970 Los Gatos Boulevard to permit the following:
•Create an opening in the interior wall between the two tenant spaces and operate the
existing quality restaurant (Viva Primavera)in conjunction with an approved high tum
over sit down restaurant (Viva A Go-Go,formerly High Tech Burrito);
•Maintain the 176 seats (total previously approved for both restaurants)which includes
indoor and outdoor seating and banquet/meeting rooms;
•Extending the hours from 10:00 AM to 10:00 PM (Viva A Go-Go formerly High Tech
Burrito)and 8:00 AM to 11:00 PM Monday through Thursday and 8:00 AM to 12:00 PM
Friday through Sunday (Viva Primavera)to 6:30 AM to 11 :00 PM Sunday through
Thursday and 6:30 AM to 1:00 AM Friday,Saturday,holidays and evenings before
holidays;
15960-15970 Los Gatos Boulevard /S-07 -009 and V-07 -06
Page 3 of5
•Expand from one to two private dining rooms that can be used for banquets and meetings
or general dining;
•Expand to full liquor for Viva A Go-Go and allow service of alcohol in the outdoor
seating area for Viva A Go-Go;and
•Expanding approved occasional,incidental,entertainment such as a piano or harp
accompanist to include Jazz trios and other live music.
Please see Exhibit F for further information regarding the applicant's justification for the
proposed modifications.
Alcohol Service
The proposed hours of operation are 6:30 AM to 11 :00 PM Sunday through Thursday and
6:30 AM to 1:00 AM Friday,Saturday,holidays and evenings before holidays.Additionally,
the applicant is proposing to expand from beer and wine to full liquor for Viva A Go-Go and
allow service of alcohol in the outdoor seating area for Viva A Go-Go;and
Staffhas determined that these requests comply with the Town's Alcohol Policy (Exhibit B)
if the Commission is able to make the following findings to allow alcohol service past 10
PM:
•Late night service will not adversely impact adjacent residential neighborhoods;
•The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy;and
•The applicant has demonstrated a clear benefit to the community.
The Police Department has reviewed these proposals and has no concerns with the requests
given that no separate bar will be permitted and based on the proposed Conditions of
Approval.
Entertainment
The currently allowed entertainment for Viva Primavera was approved before the Town
adopted the existing Alcohol Policy.Viva Primavera currently has Jazz trios and other live
music performers at the restaurant on a regular basis.The Town's current Alcohol Policy
requires that standards and a permit process be established for entertainment.To date,
standards and a permit process have not been adopted.Therefore,the proposed expansion of
the approved occasional,incidental,entertainment such as a piano or harp accompanist to
include Jazz trios and other live music is not consistent with the Alcohol Policy.
2.Architecture and Site
The applicant (Viva Primavera)is requesting approval to expand and modify the existing
outdoor dining area enclosure in the following manner:
•Modify and expand the existing railing and glass panels surrounding the existing outdoor
dining area for Viva Primavera;
•Adding a metal gate with glass and glass panels between the columns at the existing
restaurant entry closest to the parking lot;and
i@
15960-15970 Los Gatos Boulevard /S-07-009 and U-07-06
Page 4 of5
•Continuing theproposed railing,without the glass panels,to delineate the outdoor seating
area for Viva A Go-Go.
The Consulting Architect has reviewed the applicant's proposal (Exhibit G).The Consulting
Architect raised the following concerns with the proposed gate and glass infill panels at the
restaurant entry given that this area is the focal point for the entire shopping center from Los
Gatos Boulevard:
•Proposed gate and glass panels at the existing restaurant entry will diminish the depth of
the building at the pedestrian level;and
•The infill glass panels between the columns adjacent to the entry will likely be awkward
given the complexity of the opening.
Staffhas discussed these concerns with the applicant.The applicant suggested a compromise
which would move the proposed gate and glass panels at the existing entry approximately
four feet back from the currently proposed position.Staff spoke with the Consulting
Architect about their revised proposal and he recommended that they move the proposed gate
and glass panels at the existing entry back approximately ten feet,to the columns closest to
the existing restaurant entry doors.Staff supports the Consulting Architect's
recommendation.The Commission should review this issue and the proposed options and
make a recommendation on the appropriate solution.
C.RECOMMENDATION:
Pursuant to the Town's Alcohol Policy,these matters will be forwarded to the Town Council for
final consideration.The Commission should carefully consider the following issues when
formulating a recommendation to be forwarded to the Town Council:
•The proposed gate and glass panels at the entry.If so,where should those elements be
located:at the existing entry,approximately four feet back from existing entry or
approximately ten feet back from the existing entry?
•The proposed expansion of entertainment.
•Findings in the Town's Alcohol Policy to allow alcohol service past 10 PM.
•Expansion to full alcohol service for the high tum over sit down restaurant (Viva AGo-Go)
in the indoor and outdoor seating areas.
15960-15970 Los Gatos Boulevard /S-07-009 and U-07-06
Page 5 of 5
If the Commission has concerns with the application(s),it should:
•Recommend approval of the application(s)with modified conditions,or
•Make the findings and recommend denial ofthe application(s).
pproved by:
Joel Paulson,Associate Planner
ud N.Lortz,
Director of Community Development
BNL:RT:JP:
cc:COLG,LP,1631 Willow Street #225,San Jose,CA 95125,Attn:Elizabeth Smith
Viva Primavera,LLC,15970 Los Gatos Boulevard,Los Gatos,CA 95032,Attn:Michael
Franges
N:\DEV\REPORTS\2006\303NSC.wpd
III
REQUIRED FINDINGS AND CONSIDERATIONS FOR
15960-15970 Los Gatos Boulevard
Architecture and Site Application S-07-009
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant with alcohol service to expand
the hours of operation,modify outdoor patio dining area,expand to an adjacent tenant space,
and expand approved entertainment on property zoned C-l.APN 523-01-012 and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
FINDINGS
II As required by Section 29.20.190 of the Town Code for granting a Conditional Use Pennit.
The deciding body,on the basis of the evidence submitted at the hearing,may grant a
conditional use pennit when specifically authorized by the provisions of the Town Code if it
finds that:
(1)The proposed uses of the property are essential or desirable to the public convenience or
welfare;and
(2)The proposed uses will not impair the integrity and character of the zone;and
(3)The proposed uses would not be detrimental to public health,safety or general welfare;
and
(4)The proposed uses ofthe property are in hannony with the various elements or objectives
of the General Plan and the purposes of the Town Code.
II As required by the Town's Alcohol Policy,the deciding body shall make the following findings
prior to approving an application for a Conditional Use Pennit to serve alcoholic beverages past
10:00 PM:
(1)Late night service will not adversely impact adjacent residential neighborhoods;
(2)The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy;and
(3)The applicant has demonstrated a clear benefit to the community.
II As required by Section 15301 ofthe State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
EXHIBIT A
1 _
CONSIDERATIONS
•As required by Section 29.20.150 of the Town Code for Architecture and Site applications:
The deciding body shall consider all relevant matter including,but not limited to,the
following:
(1)Considerations relating to traffic safety and traffic congestion.The effect of the site
development plan on traffic conditions on abutting streets;the layout ofthe site with
respect to locations and dimensions of vehicular and pedestrian entrances,exits,
drives,and walkways;the adequacy of off-street parking facilities to prevent traffic
congestion;the location,arrangement, and dimension oftruck loading and unloading
facilities;the circulation pattern within the boundaries of the development,and the
surfacing,lighting and handicapped accessibility of off-street parking facilities.
A.Any project or development that will add traffic to roadways and critical
intersections shall be analyzed,and a determination made on the following
matters:
1.The ability of critical roadways and major intersections to
accommodate existing traffic;
2.Increased traffic estimated for approved developments not yet
occupied;and
3.Regional traffic growth and traffic anticipated for the proposed
project one (1)year after occupancy.
B.The deciding body shall review the application for traffic
roadwaylintersection capacity and make one (1)of the following
determinations:
1.The project will not impact any roadways and/or intersections causing
the roadways and/or intersections to exceed their available capacities.
2.The project will impact a roadway(s)and/or intersection(s)causing
the roadway(s)and/or intersection(s)to exceed their available
capacities.
Any project receiving Town determination subsection (1 )b.1.may
proceed.Any project receiving Town determination subsection
(l)b.2.must be modified or denied ifthe deciding body determines
that the impact is unacceptable.In determining the acceptability of a
traffic impact,the deciding body shall consider if the project's
benefits to the community override the traffic impacts as determined
by specific sections from the general plan and any applicable specific
plan.
(2)Considerations relating to outdoor advertising.The number,location,color,size,
height,lighting and landscaping of outdoor advertising signs and structures in
relation to the creation of traffic hazards and the appearance and hannony with
adjacent development.Specialized lighting and sign systems may be used to
distinguish special areas or neighborhoods such as the downtown area and Los Gatos
Boulevard.
(3)Considerations relating to landscaping.The location,height,and materials ofwalls,
fences,hedges and screen plantings to insure hannony with adjacent development or
to conceal storage areas,utility installations,parking lots or unsightly development;
the planting of ground cover or other surfacing to prevent dust and erosion;and the
unnecessary destruction of existing healthy trees.Emphasize the use ofplanter boxes
with seasonal flowers to add color and atmosphere to the central business district.
Trees and plants shall be approved by the Director of Parks,Forestry and
Maintenance Services for the purpose ofmeeting special criteria,including climatic
conditions,maintenance,year-round versus seasonal color change (blossom,summer
foliage,autumn color),special branching effects and other considerations.
(4)Considerations relating to site layout.The orientation and location of buildings and
open spaces in relation to the physical characteristics of the site and the character of
the neighborhood;and the appearance and harmony of the buildings with adjacent
development.
Buildings should strengthen the fonn and image of the neighborhood (e.g.
downtown,Los Gatos Boulevard,etc.).Buildings should maximize preservation of
solar access.In the downtown,mid-block pedestrian arcades linking Santa Cruz
A venue with existing and new parking facilities shall be encouraged,and shall
include such crime prevention elements as good sight lines and lighting systems.
(5)Considerations relating to drainage.The effect of the site development plan on the
adequacy of stonn and surface water drainage.
(6)Considerations relating to the exterior architectural design of buildings and
structures.The effect ofthe height,width,shape and exterior construction and design
of buildings and structures as such factors relate to the existing and future character
of the neighborhood
and purposes of the zone in which they are situated,and the purposes of architecture
and site approva1.Consistency and compatibility shall be encouraged in scale,
massing,materials,color,texture,reflectivity,openings and other details.
(7)Considerations relating to lighting and street furniture.Streets,walkways,and
building lighting should be designed so as to strengthen and reinforce the image of
the Town.Street furniture and equipment,such as lamp standards,traffic signals,fire
hydrants,street signs,telephones,mail boxes,refuse receptacles,bus shelters,
drinking fountains,planters,kiosks,flag poles and other elements of the street
environment should be designated and selected so as to strengthen and reinforce the
Town image.
(8)Considerations relating to access for physically disabled persons.The adequacy of
the site development plan for providing accessibility and adaptability for physically
disabled persons.Any improvements to a nonresidential building where the total
valuation of alterations,structural repairs or additions exceeds a threshold value
established by resolution of the Town Council,shall require the building to be
modified to meet the accessibility requirements of title 24 of the California
Administrative Code adaptability and accessibility.In addition to retail,personal
services and health care services are not allowable uses on nonaccessible floors in
new nonresidential buildings.Any change of use to retail,health care,or personal
service on a nonaccessible floor in a nonresidential building shall require that floor to
be accessible to physically disabled persons pursuant to the accessibility requirements
of title 24 of the California Administrative Code and shall not qualify the building for
unreasonable hardship exemption from meeting any of those requirements.This
provision does not effect lawful uses in existence prior to the enactment of this
chapter.All new residential developments shall comply with the Town's adaptability
and accessibility requirements for physically disabled persons established by
resolution.
(9)Considerations relating to the location ofa hazardous waste managementfacility.A
hazardous waste facility shall not be located closer than five hundred (500)feet to
any residentially zoned or used property or any property then being used as a public
or private school primarily educating persons under the age of eighteen (18).An
application for such a facility will require an environmental impact report,which may
be focused through the initial study process.
N:\DEV\FINDINGS\15960-15970LGB.doc
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN.OF LOS GATOS
AMENDING THE TOWN'S A..LCOHOLIC BEVERAGE POLICY
WHEREAS,the sale of alcoholic beverages,ifnot regulated,canjeopardize public safety,
result in an increase of calls for police services and compromise the quality of life for Town
residents;and
WHEREAS,The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential·neighborhoods with the goal of maintaining a vibrant and
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 B
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1Th day
of September,200 1,by the following vote:
COUNCIL MEMBERS:
AYES:Randy Attaway,Steven Blanton,Sandy Decker,Steve Glickman,
Mayor Joe Pirzynski.
NAYS:None
ABSENT:None
ABSTAIN:
ATTEST:
None
SIGNED:
Qe.~'~
U yo:oo;:,TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
CLERK.OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
L Purpose
The consumption or service of alcoholic beverages,if not regulated,can jeopardize public
safety;result in an increase of calls for police services and compromise the quality oflife for
Town residents.This policy provides parameters for alcoholic beverage service,particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to ToVffi residents is least tolerable.
The service of alcoholic beverages,with or without meals,past 10 PM is a discretionary
privilege to be determ:ined on a case by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in close proximity to commercial districts
and still maintain the viability ofour commercial centers in which restaurants luive an essential
role.Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools,the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing..
The deciding body may approve a conditional use permit to serve alcoholic beverages based
'on the merits of the application and subject to the following requirements:.
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.Entertalnrnent in association with an eating or drinking establishment may be allowed.
if standards and a permit process ar~adopted..
4.Alcoholic beverage service for new conditional use pennit applications or applications
for modification of a conditional use pennit shall not be allowed:
A.After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,Saturday,holidays or evenings before holidays.
An existing establishment with a conditional use peJ;'tllit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
II
Tavm of Los Gatos
Alcoholic Beverage Policy
Page 2014
5.Any establishment serving alcoholic beverages shall be subject to the following:
A.Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
B..At the discretion of the Chief of Police,periodic meetings will be conducted
with representatives from the Police Department for on-going employee
training on alcoholic bevera:ge service to the general public.
C.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D.All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers.
E..Taxicab telephone numbers shall be posted in a visible location.
6.The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past lOPM:
A Late night service will not adversely impact adjacent residential
neighborhoods.
B.The applicant does not have a history of complaints and non-compliance with
local ordinances orthe Alcoholic Beverage Policy.
C.The applicant has demonstrated a dear benefit to the community.
7.A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish
trays,etc.(hot or cold)are not meals.
8.Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager.The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town ofLos Gatos
Alcoholic Beverage Policy
Page 3 0/4
ill.Specific Policy
1.Restaurants:.
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until closing or i i PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,if late night bar service is available.Specific hoUls of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV.Review Process
1.Proposals for new bars or reStaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Pla.I1fling Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have final review authority.
2.Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the'Community Development Department.The following process will
be followed:
a.The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b.One year following issuance of a business ticense,surrounding/impacted
property owners shall be notified and any comments regarding the operation
ofthe business shall be solicited.
c.If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood,the Director shall review
the operation of the business to detennine whether there is a vlolation.ofrhe
use permit.
Town ofLos Gatos
Alcoholic Beverage Policy
Page 4 of 4
d.If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance.
e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV.Enforcement
All conditional 'use permits issued to establisrnnents for alcoholic beverage service on-site
shall be subject to Section 29.30.310(b)of the Town Code authorizing the Town Manager
to take enforcement action ifit is determined that the sale of alcohol has become a nuisance
to the Town's public health.,safety or welfare.Enforcement of section 29.20.31O(b)of the
Town Code will be based on,but not limited to,the following factors:
1.The number and types of calls for service at or near the establishment which tha t are
a direct result of patrons actions;
n,The number of complaints received from residents ad other citiZens concerning the
operation of an establisrnnent;
m.The number of arrests for alcohoL drug,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
IV.The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V.Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be aright of development.The Town retains
the right of review and approval (or denial)of each project based on its merits.
CONDITiONS OF APPROVAL FOR:
15960 Los Gatos Boulevard
Project Application PRJ-97 -003
Requesting approval of a Conditional Use Permit for a restaurant with indoor beer and wine
service served with meals,and outdoor seating on property zoned C-1.
PROPERTY OWNER:Carl Cilker.
APPLICANT:High Tech Burrito Corporation
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1.EXPIRATION OF APPROVAL.This approval will expire two years from the date of this approval (May
19,1999)unless the approval is used before expiration.Section 29.20.335 defines what constitutes
the use of an approval granted under the Zoning Ordinance.
2.CONDITIONS OF APPROVAL.A copy of the Conditions of Approval letter for this project shall be blue
printed on the coversheet of the plans submitted for Building DepartlTlent approvals.
3.MAXIMUM SEATING.The maximum number of seats for the restaurant and outdoor seating area shall
not exceed a combined total of 16 seats.
4.OUTDOOR SEATING AREA.Beer and wine service shall be prohibited in the outdoor seating area.
The outdoor seating area shall clearly be delineated by means of physical markers or barriers at least
three feet in height.Acceptable methods for delineating an outdoor seating area include:barriers,
landscaping,movable partitions or planters with living plant materials.
•5.UMBRELLA SIGNS.No sign copy or logos are permitted on umbrellas for the outdoor seating area.
6.HOURS OF OPERATION.The hours of operation for the restaurant shall be limited to 10:00 a.m.to
10:00 p.m.daily.
7.TRASH.The managerltenant of the restaurant space shall monitor daily the area in front of and
adjacent to the restaurant and keep it clear of trash.
8.RECYCLED CONTAINERS.Any take-out food shall be served in recyclable containers.
9.REUSABLE UTENSILS.All meals served on-site shall be on re-usable utensils.
10.VENTILATION.Ventilation equipment shall be maintained to a level of operation so that odors are not
disturbing to neighbors.
11.ROOF TOP SCREENING.All rooftop mechanical equipment required for the restaurant use shall be
screened from view.
12.SIGNS.All signs for the restaurant use shall be consistent with the sign program established for this
shopping center and shall comply with the Town's Sign Ordinance.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13.UNIFORMED SECURITY.Uniformed security guards shall be provided by the restaurant operator
for security in and around the premises as may be reqUired by the Chief of Police if alcohol related
problems occur.'
14.CONSULTATION AND TRAINING.At the discretion of the Chief of Police,periodic meetings will be
conducted with representatives from the Police Department for on-going employee training on
alcoholic beverage service to the general public.
15.TRAINING MANUAL.The restaurant operator shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California Restaurant Association.
16.DESIGNATED DRIVER PROGRAM.The restaurant operator shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated drivers.
17.POSTING OF TAXICAB TELEPHONE NUMBERS.'The restaurant operator shall post in a visible
location the telephone numbers of local taxicab companies and operators.
Page 1 of2
EXHIBIT C
m
CONDITIONS OF APPROVAL
15960 Los Gatos Boulevard.PRJ-97-003
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING &ENGINEERING SERVICES:
18.PERMITS REQUIRED:A building permit application shall be required for each proposed structure.
Separate ElectricallMechanical/Plumbing permit shall be required as necessary.
19.CONSTRUCTION PLANS:The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
20.SIZE OF PLANS:The maximum size of construction plans submitted for building permits shall be 24
in.X 36 in.
21.TITLE 24 ENERGY COMPLIANCE:California Title 24 Energy Compliance forms shall be blue lined
on the construction plans.
22.PLANS:The construction plans for this project shall be prepared under direct supervision of a licensed
architect or engineer.(Business and Professionals Code Section 5538)
23.TITLE 24 ACCESSIBILITY -COMMERCiAL:On site parking facility shall comply with the latest
California Title 24 Accessibility Standards for disabled.
24.TITLE 24 ACCESSIBILITY -COMMERCIAL:On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards.Work shall include but not be limited to accessibility to
building entrances from parking facilities and sidewalks.
25.TITLE 24 ACCESSIBILITY -COMMERCIAL:The building shall be upgraded to comply with the latest
California Title 24 Accessibility Standards for disabled.Necessary work shall be first investigated by
the design architect then confirmed by the Town staff.
26.COMMERCIAL -RESTAURANT USE:Proper size grease trap shall be required for any restaurant
use.The following agencies will review the grease trap requirements before issuance of the building
permit:
a)West Valley Sanitation District:378-2408
b)County Health Department:299-6060
27.SPECIAL INSPECTIONS:When a special inspection is required by UBC Section 1701,the architect
or engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the Building Permit,in accordance with UBC Section 106.3.5.
Please obtain Town Special Inspection form from the Building Department Service Counter.The Town
Special inspection schedule shall be blue lined on the construction plan.
28..NON-POINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal.The specification
sheet (Size 24"X 36'')is available at the Building Department service counter.
29.APPROVALS REQUIRED:The Project requires the following agencies approval before issuing a
building permit:
a)West Valley Sanitation District:378-2408
b)Central Fire District:378-4015
c)County Health Department:299-6060
N:\DEV\CONDITNS\HI-TECH.AP
Page 2 of 2
PLANNING COMMISSION MEETING OF JANUARY 26,2000
CONDITIONS OF APPROVAL FOR:
15970 Los Gatos Boulevard
Conditional Use Permit U-99-11
Requesting approval of a Conditional Use Permit to operate a restaurant (Cafe Primavera)with
outside seating and to serve alcohol with meals on property zoned C-1.
PROPERTY OWNER:Carl Cilker
APPLICANT:Wayne Renshaw,Architect
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1.EXPIRATION OF APPROVAL.The Conditional Use Permit approval for the building will expire two
years from the date of approval unless the approval is used before expiration (January 26,2002).
Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
2.RESTAURANT:The type of restaurant service shall be fine dining and designated as "Quality"as
defined in Town Code,Section 29.10.020.
3.LAPSE FOR DISCONTINUANCE.If the activity for which the Conditional Use Permit has been
granted is discontinued for a period of one (1)year the approval lapses.
4.COVER SHEET NOTES.The conditions of approval shall be printed on the cover sheet of the final
plans submitted for building permit approval.
(Building Section)
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING &ENGINEERING SERVICES:
4.PERMITS REQUIRED:A building permit application shall be required for the proposed structure.
Separate electrical/mechanical/plumbing permits shall be required as necessary.
5.CONSTRUCTION PLANS:The Conditions of Approval shall be stated in full on the cover sheet
of construction plan submitted for building permit.
6.SIZE OF PLANS:The maximum size of construction plans submitted for building permits shall
be 24 in.X 36 in.
7.TITLE 24 ACCESSIBILITY -COMMERCIAL:On site parking facility shall comply with the latest
California Title 24 Accessibility Standards for disabled.
8.TITLE 24 ACCESSIBILITY -COMMERCIAL:On site general path of travel shall comply with'the
latest California Title 24 Accessibility Standards.Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
9.'TITLE 24 ACCESSIBILITY -COMMERCIAL:The building shall be upgraded to comply with the
latest California Title 24 Accessibility Standards.Necessary work shall be first investigated by the
design architect then confirmed by the Town staff.
10.COMMERCIAL -RESTAURANT USE:Proper size grease trap shall be required for any
restaurant use.The following agencies will review the grease trap requirements before the
issuance of the building permit:
a)West Valley Sanitation District:378-2407
b)County Health Department:299-6060
11.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal.
The specification sheet (size 24"x 36")is available at the Building Department service counter.
N:\DEV\CONDITNS\U-99-11.wPDap Page 1 of 2
EXHIBIT D
12.APPROVALS REQUIRED:The project requires the following agencies approval before issuing
a building permit:
a.West Valley Sanitation District:378-2407
b.Santa Clara County Fire Department:378-4010
c.County Health Department:299-6060
(Police Department Section)
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13.ALCOHOLIC BEVERAGES:Alcoholic beverages may be served only with meals in the restaurant.
No alcoholic beverages may leave the premises.A meal should be defined as a combination of
food items selected from a menu which would constitute a normally accepted meal (breakfast,
lunch,dinner,or brunch).
14.ALCOHOLIC BEVERAGE SERVICE:Alcoholic beverages may be served with meals in the
outside patio area as long as there is a barrier or fencing,3 feet in height surrounding the patio
area and separating it from the sidewalk.The barrier or fencing may be a combination of fencing
and shrubbery to equal 3 feet.Also,there will be no access to the restaurant from the street
directly to the patio area unless a hostess is stationed at the patio entrance at all times.
(Fire Department Section)
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
15.BUILDING CODE STANDARDS:At time of building permit,the applicant shall show compliance
with the 1998 California Building Code relative to existing from all portions of the building.
16.FIRE PROTECTION STANDARDS:The existing fire protection system shall be modified as
necessary to accommodate the new building design (if appropriate).A State of California licensed
fire protection contractor shall submit plans to this department for review and approval prior to
beginning their work.
N:\OEv\CONOITNS\U-99-11.wPOap Page 2 of 2
CONDITIONS OF APPROVAL FOR:
15960-15970 Los Gatos Boulevard
Architecture and Site Application S-07-009
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant (Viva Primavera)with alcohol
service to expand the hours of operation,modify outdoor patio dining area,expand to an
adjacent tenant space (formerly High Tech Burrito),and expand approved entertainment on
property zoned C-l.APN 523-01-012 and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in compliance with the letter of justification (Exhibit F)and plans
(Exhibit H)approved in.the report to the Planning Commission,unless modified by conditions
contained herein.Any changes or modifications made to the approved plans shall be approved
by the Director of Community Development or the Planning Commission,depending on the
scope of the changes.
2.LAPSE FOR DISCONTINUANCE:If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1)year the approval lapses.
3.USE:The approved use is for a quality restaurant in conjunction with a high tum over sit down
restaurant.
4.NUMBER OF SEATS:The maximum number of seats for the restaurants shall not exceed 176
(total includes indoor,outdoor,and banquet/meeting rooms).
5.OUTDOOR SEATING:A physical delineation shall be installed for the outdoor seating to the
satisfaction of the Director of Community Development,Chief of Police,and Director of Parks
and Public Works.
6.OUTDOOR FURNITURE:Outdoor furniture shall be of high quality in terms of materials and
appearance (plastic furniture is not permitted).
7.HOURS OF OPERATION:Maximum hours ofoperation for the restaurant shall be 6:30 AM to
11 :00 PM Sunday through Thursday and 6:30 AM to 1:00 AM Friday,Saturday,holidays and
evenings before holidays.
8.ALCOHOL SERVICE:The service of alcohol for the restaurants is permitted only with meals.
A meal is defined as a combination of food items selected from a menu (breakfast,brunch,lunch,
or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish trays,etc.(hot or
cold)are not meals.There shall be no separate bar for the restaurant.
9.LIVE ENTERTAINMENT:Occasional,incidental,indoor entertainment such as piano or harp
accompanist is permitted at the quality restaurant location only.
10.NOISE:Amplified entertainment noise levels shall comply with the provisions of the Noise
Ordinance as set forth in Section 16.20.040 of the Town Code.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
11.UNIFORMED SECURITY:Uniformed privately provided security guards may be required in or
around the premises by the Chief of Police if alcohol related problems recur that are not resolved
EXHIBIT E
Ii m
..
15960-15970 Los Gatos Boulevard /S-07-09 and U-07-06
Page 2 of4
by the licensed owner.
12.CONSULTATION AND TRAIN IN G:At the discretion ofthe Chief ofPolice,periodic meetings
will be conducted with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general public.
13.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California Restaurant
Association.
14.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
15.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISF ACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Building Division)
16.PERMITS REQUIRED:A building permit shall be required for the restaurant expansion and
alterations to the existing patio area.Separate permits are required for electrical,mechanical,and
plumbing work as necessary.
17.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans.A compliance memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
18.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
19.TITLE 24 -COMMERCIAL:For any proposed tenant improvements,on-site general path of
travel shall comply with the latest California Title 24 Accessibility Standards.Work shall
include,but not be limited to,accessibility to building entrances from parking facilities and
sidewalks.
20.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee of$2
or at San Jose Blue Print.
21.PLANS:The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer.(Business and Professionals Code Section 5538)
22.APPROVALS REQUIRED:The project requires the following departments and agencies
approval before issuing a building permit:
a.Community Development -Planning Division:Joel Paulson at 354-6879
b.Santa Clara County Fire Department:(408)378-4010
c.West Valley Sanitation District:(408)378-2407
d.Environmental Health Department:(408)918-3400
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
23.GENERAL.All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications.All work shall conform
to the applicable Town ordinances.The adjacent public right-of-way shall be kept clear
15960-15970 Los Gatos Boulevard /8-07-09 and U-07-06
Page 3 of4
of all job related dirt and debris at the end of the day.Dirt and debris shall not be washed
into stonn drainage facilities.The storing of goods and materials on the sidewalk andlor
the street will not be allowed unless a special pennit is issued.The developer's
representative in charge shall be at the job site during all working hours.Failure to
maintain the public right-of-way according to this condition may result in the Town
perfonning the required maintenance at the developer's expense.
24.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
Construction Encroachment Pennit.All work over $5,000 will require construction
security.
25.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting any work pertaining
to on-site drainage facilities, grading or paving,and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
26.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis.Mud,silt,concrete and other construction debris SHALL NOT be
washed into the Town's stonn drains.
27.RESTORAnON OF PUBLIC IMPROVEMENTS.The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations.Improvements such as,but not limited to:curbs,
gutters,sidewalks,driveways,signs,pavements,raised pavement markers,thennoplastic
pavement markings,etc.shall be repaired and replaced to a condition equal to or better
than the original condition.Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector,and shall comply with all Title
24.Disabled Access provisions.Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
28.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused.Install a sanitary sewer lateral clean-out at the property line.
29.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures which
have flood level rims less than twelve (12)inches (304.8 mm)above the elevation ofthe
next upstream manhole andlor flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve.Fixtures above such elevation shall not discharge
through the backwater valve,unless first approved by the Administrative (Sec.
6.50.025).The Town shall not incur any liability or responsibility for damage resulting
from a sewer overflow where the property owner or other person has failed to install a
backwater valve,as defined section 103(e)ofthe Unifonn Plumbing Code adopted by
section 6.50.010 of the Town Code and maintain such device in a functional operating
condition.Evidence of West Valley Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building pennit.
30.OUTDOOR TRASH ENCLOSURES.Outdoor trash enclosures shall be covered and
area drains connected to the sanitary sewer system shall be provided.
31.GREASE TRAPS.Meet all requirement of the Santa Clara County Health Department
i
15960-15970 Los Gatos Boulevard /S-07-09 and U-07-06
Page 4 of4
and West Valley Sanitation District for the interception,separation or pretreatment of
effluent.
32.CONSTRUCTION NOISE.Between the hours of8:00 a.m.to 8:00 p.m.,weekdays and
9:00 a.m.to 7 :00 p.m.weekends and holidays,construction,alteration or repair activities
shall be allowed.No individual piece of equipment shall produce a noise level exceeding
eighty-five (85)dBA at twenty-five (25)feet.Ifthe device is located within a structure
on the property,the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible.The noise level at any point outside of the property
plane shall not exceed eighty-five (85)dBA.
N:\DEV\CONDITNS\2006\303NSC.wpd
Viva Primavera,LLC
15970 Los Gatos Blvd.
Los Gatos,California 95032
Phone:(408)395-6763
Fax:(408)668-1300
February 20,2007
Los Gatos Planning Department
110 E.Main Street
Los Gatos,CA 95030
Re:Letter of Justification for Viva Primavera;15970 Los Gatos Blvd.
Viva Primavera ("Viva"),a family oriented neighborhood restaurant,is located in the
Cornerstone Shopping Center on the comer of Los Gatos Blvd.and Blossom Hill Rd.The
current ownership group has been operating the restaurant since November 2003.Since the
reopening in 2003,the restaurant has been well received by the surrounding residential and
commercial communities.Not only is Viva a great place to dine with family and friends,Viva
offers two private banquet rooms,complete with audio/visual equipment,that are great for
family gatherings,business meetings and many other conceivable group functions,such as
wedding rehearsal dinners and non-profit fund raising events.In addition to the foregoing,Viva
has been proactive in giving back to the community.Please see the attachment listing several
organizations in which Viva has been involved through donations of time and/or money.
As a member of the Los Gatos Chamber of Commerce,Viva would like to further enhance the
value it brings to the community and is seeking approval from the Town of Los Gatos for the
following:
1.Expand the hours of operation,thereby,enabling Viva to serve breakfast and high end
coffees beginning at 6:30 am 7-days a week and remain open until 11 :00 pm Sunday-
Thursday and until 1:00 am Friday,Saturday,holidays and evenings before holidays;
2.Approve the revisions to the outdoor garden patio dining area;
3.Permit the expansion of Viva into the adjacent space within the Cornerstone
Shopping Center.(The space is currently occupied by High Tech Burrito);and
4.Authorize the inclusion of Jazz Trios and other live music as incidental enteliainment
as such is described in the original letter of justification.
Viva began serving breakfast in November 2005 and began serving high end coffees in February
2006.Our decision to open early followed a thorough analysis of our customer's wan&and
desires.Several months following our decision to fulfill the demands of our customefSf,'"fire
informed that our current conditional use permit did not allow us to offer this service ~the "'~lVl:':''''<
community.(8 I)-""IJ
/0 ~0 (,"
f y'/IiIIV 0;::OO?
(///1/'L.o.--'Ilv".8 ("",7/)/·.)/i t-Il.!,Ci/n .qc,
)/1/
EXHIBIT F
II 11
Our request to remain open until 11 :00 pm Sunday-Thursday and until 1:00 am Friday,Saturday,
holidays and evenings before holidays is again based upon the desires of our customers and
complies with the Town's alcohol policy.
Dining in Viva's garden patio is a customer favorite.Due to climate and sun conditions,there
are times that the Viva patio dining experience is not so pleasurable.On hot days our customers
want fans,on cold days our customers want heaters,on windy days our customers want wind
screens and on early sunny evenings our customers want sun shades.In maintaining with the
standards of the Town of Los Gatos,except for the recommended height of patio barriers,Viva is
submitting for approval,the included patio improvement design.Approval of the design would
not only add to the aesthetics of the beautiful Cornerstone Shopping Center,but also improve the
experience of dining outdoors in Viva's garden patio.
Due to the fact that Viva has been well received within the community,Viva would like to
acquire the space currently occupied by High Tech Burrito.We intend to offer a limited menu of
high end food for take-out or for counter service dining.Construction related to our plan of
expansion will be limited to painting the interior,installing new flooring and creating an access
point through the non weight bearing divider between the two spaces.This plan will reduce the
noise,waste and inconvenience associated with a major renovation.
Viva's primary focus is to provide great food and great service to ensure our customers have a
pleasurable and memorable dining experience.We felt this experience could be further
enhanced by the inclusion of incidental entertainment.As such,we decided to include live jazz
on Friday and Saturday evenings.Our customers love dining while being entertained by jazz
trios playing in the background.The trios occupy an area equivalent to the size of one dining
table and typically set up near the front of the restaurant next to the bar.The musicians provide
their own equipment including speakers,amplifiers and microphones.The volume is maintained
at mild levels to ensure the Jazz is incidental and supplemental to the dining experience.We
have also experimented with other types of entertainment such as a solo pianist.All of the live
entertainment has been well received by our customers,and on nights when there was no
entertainment,our customers complained.Approval of our request to provide live entertainment
on Friday,Saturday and occasionally on selected weekday evenings will enable us to continue to
provide the dining experience our customers have grown to love.
For the reasons stated above,we feel that our requests will allow Viva to cater to the needs of
more Los Gatos residents while continuing to offer a necessary compliment to the community.
Respectfully Submitted,
~#fZ
Michael Franges
Owner
Donations &Involvement In
Community Events
Blossom Hill School Pumpkin Festival
Fisher Junior High School Pumpkin Palooza Fund
Raiser
Shir Hadash Simcha Celebration
Assistance League of Los Gatos Fund Raiser
Holiday Shopping Card for Breast Cancer
"Hooray for Hollywood"Los Gatos High School
O'Connor Hospital Foundation
Lexington Elementary School "Tropical Paradise"
Fundraiser
Triton Museum of Art ,\Ruby Anniversary Gala"
Los Gatos Parent Nursery School Fantasy Faire
Lakeside School Community Foundation Auction
VIP League Addiction Prevention Programs
Notre Dame High School Spring Gala
George Mark Children's House
Leigh High School All-Sports Booster Club
Los Gatos Education Foundation
Par~icipation in The Buzz Book
Guest Bartenders Fund Raiser
Los Gatos Catillion Fund Raiser
Annual Los Gatos Food Fest \\A Place For Teens"
Los Gatos Lions Club Golf Tournament
George Mark Children's Golf Tournament
Foundation For Hope &Hope Services Golf
Tournament
Play for a Cure Foundation Tennis Tournament
Alta Vista School Home &School Club "Guest
Bartenders',
Van Meder School Home &School Club
••
m
December 18,2006
Mr.Joel Paulson
Community Development Department
Town of Los Gatos
110 E.Main Street
P.O.Box 949
Los Gatos,CA 95031
RE:15960-15970 los Gatos Blvd.-Viva Restaurant
Dear Joel:
I reviewed the drawings,and visited the site.My comments and recommendations are as follows:
Neighborhood Context
The restaurant is currently located in the Cornerstone Shopping Center which is well designed with
strong visual elements and detailing.The proposed work,as it relates to the exterior of the complex,largely
consists of minor changes to the fence surrounding the outdoor dining area,and the addition of a metal
gate and glass infill panels between columns at the entry.Photographs of the existing exterior conditions
are shown below.
Exisitng glass and metal fence to the left of
the entry
Exisitng restaurant entry
Issues and Concerns
1.I don't see any issues associated with the replacement of the existing steel and glass fence system to the
left ofthe restaurant entry and its extension on either side ofthe entry.
2.I do,however,think that there is an issue with the substantial closing in of the area at the entry itself.
This entry area is essentially the focal point for the entire shopping center from the primary project
entry from Los Gatos Blvd.This is clearly shown in the photograph below which was taken prior to the
TEL,415.331.37~5 FAX 1/15,)31.3797 180 HARROH DItIVEUi\JITE 119,5 EXHIBIT G
,•
•
.15960·15970 Los Gatos Blvd.
Design Review Comments
December 18,2006 Page 2
Viva Restaurant occupying the space.The entry gate and the glass panels between the double columns
at this entry elements will tend to diminish the depth of the building at the pedestrian level which is a
very strong component ofthe design and very good human scale of the project (see also photo below of
the adjacent pedestrian arcade at the grocery store).The drawings are unclear as to the treatment of
the front gate,but it is likely that it will be glazed in addition to having the metal infill.
I also am concerned that fitting the infill glass panels between the columns adjacent to the entry will
likely be awkward given the complexity ofthe opening with their column caps and beam at the top,and
the column wood and stone base elements.
The restaurant entry serves as a primary focal
point for the center at the Los Gatos Blvd.project
entry
The complexity of the profile where the glass
screen is proposed will make a clean installation
difficult
CANNON DESIGN GROUP
The restaurant entry and the adjacent arcade
gives the center its strong sense of human scale
and facade depth
IBO HARBOR DRIVE,StJlTE 119.SAUSALITO.CA9496')
1.5960-15970 Los Gatos Blvd.
Design Review Comments
December 18,2006 Page 3
Recommendations
1.I believe that it would be desirable to keep the entry open as it currently exists.Ifsecurity is the issue,
the use of barriers between the entry columns and the building located at the edge of the outdoor dining
areas would be less disruptive ofthe center's current positive design character.
Add glass and metal barriers
here if more security needed
Joel,please let me know if you have any questions,or if there are specific issues of concern that I did
not address.
Sincerely,
CANNON DESIGN GROUP
C7f~~
Larry L.Cannon AICP
President
CAKNON DESIGN GROUP 180 HARBOR DRIVE ..surru 21l).SAUSALITO.C1\94%5
REPORT TO:
FROM:
LOCATION:
EXHIBITS:
A.REMARKS:
Date:---:;F-=e=bruo..=a::,..ry<...:2::..::8=,=20",-,0,,-,-7
For Agenda Of:February 28,2007
Agenda Item:....:..4
DESK ITEM
The Planning Commission
The Director of Community Development
15960-15970 Los Gatos Boulevard
Architecture and Site Application S-07-009
Conditional Use Permit U-07-006
Requesting approval to modify an existing CUP for a restaurant (Viva
Primavera)with alcohol service to expand the hours ofoperation,modify
outdoor patio dining area,expand to an adjacent tenant space (formerly
High Tech Burrito),expand to full liquor for Viva A Go-Go and allow
service of alcohol in the outdoor seating area for Viva A Go-Go,and
expand approved entertainment on property zoned C-1.APN 523-01-012
and 013.
PROPERTY OWNER:Colg,LP
APPLICANT:Viva Primavera,LLC
DEEMED COMPLETE:February 12,2007
FINAL DATE TO TAKE ACTION:August 12,2007
A-H.Previously Submitted
A portion of the Background Section ofthe previously submitted report was erroneously omitted.
The omitted paragraph which should have been placed at the end of the Background Section
follows:
In February 2006,staff informed the applicant that the exterior modifications that were done
required Architecture and Site approval and that opening at 6:30 AM was not permitted given
their approved hours ofoperation.On August 14,2006,the applicant submitted an Architecture
and Site application and an application to modify the two existing Conditional Use Permits.
BNL:SB:JP
N:\DEV\REPORTS\2007\1 5960&1 5970LGBDesk.doc
ATTACHMENT 5
Viva Primavera,LLC
15970 Los Gatos Blvd.
Los Gatos,Califomia 95032
Phone:(408)779-3276
Fax:(408)668-1300
February 20,2007
Los Gatos Town Council
110 E.Main Street
Los Gatos,CA 95030
Re:CUP Modifications;Viva Primavera;15970 Los Gatos Blvd.
Dear Council Members,
RECEIVED
APR 1 0 2007
TOWN OF L
PIAf\ll\lII\1G ~S GA TOS~.IVISION
On February 28,2007,the Los Gatos Planning Commission considered our application to
modify or clarify certain provisions contained in our Conditional Use Permit.Three such
requests were to expand the hours of operation to 1:OOam on Fridays,Saturdays,holidays and
evenings before holidays;expand the service of liquor,beer and wine to the space formerly
occupied by High Tech Burrito and to clarify the definition of incidental entertainment to include
jazz trios.The Planning Commission is not recommending approval of these requests either due
to lack of information or lack of authority to so recommend.
Although we do not have immediate plans to remain open until 1:OOam on Fridays,Saturdays,
holidays and evenings before holidays,our request confonns to the standards set forth in the
Town of Los Gatos'Policy Regulating the Consumption and Service of Alcoholic Beverages.
Please see section II(4)therein pertaining to hours of operation.There is however a provision in
Section I that reads as follows:"the service of alcoholic beverages,with or without meals,past
10:00pm is a discretionary privilege to be determined on a case by case basis."Viva has been
operating since November 2003 without an alcohol related incident.The Police Department has
reviewed our requests and noted that they do not have any concems.
Weare proud of this record and are committed to being responsible servers of alcoholic
beverages.In order to maintain this record and ensure responsible service,we intend to engage
with the Chief of Police to discuss training programs for servers of alcoholic beverages,
included,but not limited to,the Servsafe training program offered by the Califomia Restaurant
Association.Furthermore,we are in the process of revising our Employee Handbook and
Training Programs to provide comprehensive alcohol service guidance to the members of our
staff.
The second and related matter is our request to provide full liquor,beer and wine service in the
adjacent space;the space formerly occupied by High Tech Burrito.The Conditional Use Pennit
for that space already includes the service of beer and wine.We currently have a type 47 liquor
ATTACHMENT 6
•
i
license,a license to sell liquor,beer and wine for on premises consumption.Any service of
alcohol in the adjacent space will be pursuant to our existing license,as we do not intend to
apply for a new license.We have previously submitted an application with the California
Department of Alcoholic Beverage Control (ABC)to expand the square footage of our restaurant
to include the adjacent space.We have been advised that our request pending with the ABC will
be approved following approval by the Town of Los Gatos.Although we have tentatively given
a name to our expanded operation (Viva a Go Go),I would like to clarify that Viva and Viva a
Go Go are a single entity and all operations will be connected.I would further add that we
intend to create an opening between the two spaces.
I feel the Planning Commission viewed Viva and Viva a Go Go as separate entities and without
further information regarding the service of alcoholic beverages,could not recommend approval
of liquor service in our expanded operation.As indicated previously,we are committed to being
responsible servers of alcoholic beverages.As such,any patrons who order an alcoholic
beverage from within Viva a Go Go will only be pennitted to do so if their order includes food
for dining within.Upon entry of the order,a ticket will be printed at the Viva bar register.The
bar tender will prepare the beverage,and it will be delivered to the appropriate customer by one
of our trained servers.
Our final request seeks clarification of incidental entertainment as such is pennitted by our
existing Conditional Use Permit.Viva is a mid scale community restaurant,and our goal is to
provide a wonderful dining experience by offering first class service and delicious meals.As
part of the Viva experience,we began offering live jazz,primarily on Friday and Saturday
nights.We consider the jazz as an accompaniment to dining and not the main focus of the
evening.Our jazz offering has been well received,and we attribute much of our success to the
inclusion thereof.We have not received complaints from neighbors,as the sound of jazz does
not penetrate the walls of the restaurant,nor have we received any notifications from the Town
of Los Gatos.We have at all times felt that live jazz trios are within the defines of incidental
entertainment.The previously mentioned alcohol policy states that "Entertainment in association
with an eating.or drinking establishment may be allowed if standards and a permit process are
adopted."Please see Section II(3).As ofthe date hereof,a standards and pennit process have
not been adopted.We are not asking to Town Council to adopt such a process,but merely
seeking clarification of incidental entertainment to include jazz trios.
We hereby respectfully request that the members of the Town Council give us every possible
consideration in deciding whether to expand our hours of operation,expand the service of liquor,
beer and wine into the newly acquired space and to clarify the definition of incidental
entertainment to include live jazz trios.
Respectfu~lly(submitted'
;p~.~~<Z:.7'
Michael Franges
Owner
Meeting Date:4/16/07
Subject:15960 and 15970 Los Gatos Blvd./CUP U-07-006
ATTACHMENT 7
Development Plans
are available for review in the Clerk Department