15 Staff Report - Andale Los GatosMEETING DATE:6/4/07
ITEM NO:
COUNCIL AGENDA REPORT
DATE:May 29,2007
TO:MAYOR AND TOWN COUNCIL
FROM:DEBRA 1.FIGONE,TOWN MANAGER
SUBJECT:CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT
(ANDALE)TO ALLOW THE SERVICE OF FULL LIQUOR ON PROPERTY
ZONED C-2-LHP.APN 510-44-036.CONDITIONAL USE PERJvlIT U-07-22.
PROPERTY LOCATION:PROPERTY OWNER:ANDALE PROPERTIES
APPLICANT:ANDALE LOS GATOS
RECOMMENDATION:
1.Hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Approve the 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:
The original Conditional Use Permit (CUP)for the existing Andale restaurant at 21 North Santa
Cruz was issued in 1991,The CUP allowed a total of 46 seats and included approval to serve
beer and wine and non-amplified live entertainment (Exhibit C).The restaurant has
approximately 1,900 square feet of indoor area with an 800 square foot outdoor area (500 square
feet of which is available for tables).
The restaurant has 31 seats indoors and 15 in the outdoor patio.The floor plan (Exhibit G)
shows all the seating inside.However,during the warmer months the applicant has outdoor
seating.The CUP allows a total of 46 seats for both indoor and outdoor seating.The applicant
only has live entertainment once a year during Cinco de Mayo that consists of a Mariachi band
that plays between 7:30 pm and 9 pm.There is no separate bar.
PREPARED BY:BUD N.LORTZ,aLm
Director of Comm~i;yD;~kpment
Reviewed by:P~\Assistant Town Manager L Town Attorney
__Clerk Administrator __Finance _V_~_Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:21 North Santa Cruz Avenue/CUP U-07-22
June 4,2007
DISCUSSION:
1.Project Summary
The applicant is requesting approval to modify the existing Conditional Use Permit to allow
full alcohol service.The applicant is also requesting an amendment to the previously
approved conditions of approval that requires the restaurant to close by 9 pm.seven days a
week.The applicant would like to remain open until 10 pm.The request is consistent with
the Town Alcohol Policy due to the following:
The restaurant will not have a stand alone or separate bar.
There will be no entertainment provided at the restaurant.
The restaurant is not open after 11 PM.
The Conditional Use Permit conditions of approval include conditions recommended by
the Police Department for the service of alcohol.
•Alcohol will only be served with meals.
•Service of alcohol in approved existing outdoor seating areas is separated from public
areas with a physical area.
Attached to the staff report as Exhibit G is map of the all restaurants downtown.There are
14 restaurants downtown with full alcohol service (Exhibit F).Two of the restaurants,
Double D's Sports Grill and Willow Street Pizza,are high turnover restaurants similar to
Andale.
2.Planning Commission
The Planning Commission reviewed the request at their meeting of April 25,2007,voting 5-
2 (Kane and Talesfore dissenting)to recommend that the Town Council approve the request.
The Commission recommendation included amending the conditions of approval to require
that alcohol (except for beer and wine,which is already allowed)be delivered to customers at
their table rather than picked-up at the counter.The Commission was concerned about
someone older than 21 providing alcohol to underage persons.During the hearing,the
applicant indicated he was considering hiring staff to serve alcohol.
The Commission also placed a limitation on live entertainment.The existing conditions of
approval,which were approved in 1991 and predated the alcohol policy,allow unlimited
non-amplified live entertainment.Currently,the applicant only has live entertainment on
Cinco de Mayo,but would like to preserve the option to do of providing enteliainment on a
limited a few days during the year.The condition recommended by the Commission allows
live entertainment on Cinco de Mayo,Friday's and Saturday's and five additional nights
during the year.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT:21 North Santa Cruz Avenue/CUP U-07-22
June 4,2007
3.Police Depariment Review
The Police Depariment has reviewed this request and does not have any concerns with this
proposal.When reviewing requests, the department considers:
•The type of restaurant
•Presence of a stand alone or separate bar
•Calls for service (for existing establishments)
Andale does not have a separate bar and the Town has not received complaints concerning
the operation of the restaurant.The Department has received 11 calls for service to this site
during the last 18 months.The calls are primarily regarding vandalism,alarms,and lost
property.The calls were not alcohol related or related to matters that would cause the police
to be wary about granting the applicant's request.
4.Alcohol Policy:
The Council reviews CUP requests for new alcohol service on a case by case basis.The
issue of allowing beer and wine service for a restaurant has been an issue that the
Commission and Council have carefully reviewed to ensure that the proposed restaurant is
appropriate for the proposed location.The Council reviews requests given the location,type
of restaurant,hours of operation,and any other additional issues associated with the proposal
and to ensure that the requests meet the requirements of the Alcohol Policy (Attachment 5).
CONCLUSION:
The Planning Commission and staff concur that the proposal complies with the Town's Alcohol
Policy and will not result in adverse impacts to the Town.The current owners have operated the
restaurant since 1991 and there have been no complaints regarding the operation.The Police
Department does not have a concern with full service of alcohol at this location.
ENVIRONMENTAL ASSESSMENT:
As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
FISCAL IMPACT:None
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT:21 North Santa Cruz Avenue/CUP U-07-22
June 4.2007
Attachments:
1.Findings (one page)
2.Recommended Conditions of Approval (2 pages)
3.Existing Conditions of Approval (2 pages)
4.Verbatim Planning Commission minutes for the meeting January 10,2007 (19 pages)
5.Report to the Planning Commission for the meeting of January 10,2007 (3 pages/without
attachments)
6.Letter of Justification (1 pages)
7.Alcoholic Beverage Policy (6 pages)
8.Map of Downtown Restaurants (2 pages)
9.Definition of Restaurant from Town Code (1 page)
10.Examples of High Turn-Over Restaurants (1 page)
11.Site Plan (1 page)
Distribution:
Ignacio Flores,21 North Santa Cruz Avenue,Los Gatos,CA 95030
BNL:RT:CB:mdc
N:\DEV\CNCLRPTS\2007\21 NSC.ANDALE.cc.rpt.l.doc
REQUIRED FINDINGS AND CONSIDERATIONS FOR
21 N.Santa Cruz Avenue
Conditional Use Permit U-07-22
Requesting approval to modify a Conditional Use Permit (Andale)to allow the
service of full liquor on property zoned C-2-LHP.APN.510-44-036
PROPERTY O\VNER:Andale Properties
APPLICANT:Andale Los Gatos
FINDINGS
II As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
The deciding body,on the basis of the evidence submitted at the hearing,may grant a
conditional use permit when specifically authorized by the provisions of the Town
Code if it finds that:
(l)The proposed uses of the property are essential or desirable to the public
convenience or welfare;and
(2)The proposed uses will not impair the integrity and character of the zone;and
(3)The proposed uses would not be detrimental to public health,safety or general
welfare;and
(4)The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
II That the work proposed is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (Section lYB).
II As required by Section 15301 of the State Environmental Guidelines as adopted by
the Town that this project is Categorically Exempt.
ATTACHMENT 1
CONDITIONS OF APPRO V AL FOR:
21 N.Santa Cruz Avenue
Conditional Use Permit U-07-22
Requesting approval to modify a Conditional Use Permit (Andale)to allow the service of
full liquor on property zoned C-2-LHP.APN.510-44-036
PROPERTY OWNER:Andale Properties
APPLICANT:Andale Los Gatos
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
I.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit F in the report to the Planning Commission.Any changes or modifications made to
the approved plans shall be approved by the Director of Community Development,the
Development Review Committee 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 (I)year the approval lapses ..
4.NUMBER OF SEATS:There shall be no more than 46 seats for both indoor and outdoor
seating.
5.HOURS OF OPERATION:Maximum hours of operation for the restaurant shall be 11 :00
a.m.to 10 p.m.seven days a week.
6.OUTDOOR LITTER:The owner or employees of the business shall pick up any trash in
outdoor areas adjacent to the restaurant.
7.ALCOHOL SERVICE:Full alcohol service is pennitted as follows:
a.The service of full service alcohol for on-site consumption 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.
b.Alcohol may be served to customers seated inside the restaurant.If the rear patio is
enclosed to the satisfaction of the Chief of Police,alcohol may be served in this area.
c.Alcohol,other than beer and wine,must be delivered to customers at their table by a
server.
8.PLACESETTINGS:No disposable dishes,utensils and cups shall be used for meals served
on premIses.
9.LIVE ENTERTAINMENT:Live entertainment,provided that the music is non-amplified,is
allowed on Cinco de Mayo,Friday and Saturday's and five additional evenings during the
year.
ATTACHMENT 2
Conditions of Approval
Conditional Use Permit U-07-22
Page -2-
TO THE SATISFACTION OF THE CHIEF OF POLICE:
10.UNIFORJvlED SECURITY:Uniformed privately provided security guards may be required
in or around the premises by the Chief of Police if alcohol related problems recur that are not
resolved by the licensed owner.
11.CONSULTATION AND TRAINING:At the discretion of the Chief of Police,periodic
meetings will be conducted with representatives from the Police Department for on-going
employee training on alcoholic beverage service to the general public.
12.TRAINING MANUAL:The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
13.DESIGNATED DRIVER PROGRAM:The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
14.POSTING OF TAXICAB TELEPHONE NUMBERS:Taxicab telephone numbers shall be
posted in a visible location.
TOWN of LOS GATOS
PLANNING DEPARTMENT
(408)354-6872
December 20,1991
Mr.Luis Sanchez
Andale Taqueria
6 N.Santa Cruz Avenue
Los Gatos,CA 95030
Dear Mr.Sanchez:
At their meeting of December 16,1991,the Los Gatos Town Council held the hearing to consider your
request for approval to open and operate a restaurant which includes the serving of wine and beer with
meals,to buy into the parking assessment district and the construction of additional square footage to an
earthquake damaged historic commercial building the C-2 LHP zone,Conditional Use Permit Application EU-
91-9A and Architecture and Site Application ES-91-74,on property located at 21 N.Santa Cruz Avenue.
Council's action was to approve your application with the folloWing conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1.All conditions of this application shall be included on the cover sheet of the Building Permit plans.
2.The maximum number of indoor and outdoor seats shall not exceed 46.
3.The hours of operation shall be between 11 am to 9 pm seven days a week.
4.Beer and wine may only be served with meals on the premises.
5.Beer and wine may be served only to customers seated inside the restaurant.No alcoholic
beverages may be served to customers using outdoor seating.If the rear patio area is enclosed
to the satisfaction of the Chief of Police,a beer and wine may be served in this area.
6.Live entertainment is allowed provided that the music is non-amplified.
7.No disposable dishes,utensils and cups shall be used for meals served on the premises.
8.The applicant shall work with the adjacent property owner to the north to improve the exposed
wall at the rear of the property.
9.The applicant shall pay an in-lieu fee to the parking assessment district for four parking spaces
prior to the issuance of a Certificate of Use and Occupancy.The actual fee shall be determined by
the Planning Director.
10.The interior tongue and groove wall shall be preserved or replicated.
11.The tile entry and its pattern shall be preserved or replicated and extended into the new entry
area.
12.Operators of the restaurant shall pick up any trash in the vicinity of the restaurant when outdoor
seating is available.
13.A separate sign permit shall be obtained.ATTACHMENT 3
CIVIC CENTER·110 EAST MAIN STREET·P.O.BOX 949·LOS GATOS,CALIFORNIA 95031
21 North Santa Cruz
Page 2
December 20,1991
14.Any structural exterior modification must comply with the Secretary of the Interior Standards
and have prior approval of the State Office of Historic Preservation.
TO THE SATISFACTION OF THE TOWN ENGINEER:
15.Any sections of curb,gutter and sidewalk along the frontage of this property that are broken,
or raised during construction,shall be replaced.
16.Any work in the public right-of-way will require a Construction Encroachment Permit.
17.Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West
Valley Sanitation District.
18.A sanitary lateral clean-out shall be installed at the property line.
19.All requirements of the County Health Department and West Valley Sanitation District shall be
met regarding the interception,separation,or pretreatment of effluent from the restaurant.
20.A traffic impact mitigation fee,as established by Council Resolution,shall be paid prior to the
issuance of the Certificate of Use and Occupancy.
TO THE SATISFACTION OFTHE DIRECTOR OF PARKS,FORESTRY &MAINTENANCE SERVICES:
21.Newly planted trees shall be double-staked,using rubber tree ties and shall be planted prior to
occupancy.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
22.The business must meet all current accessibility standards as defined in the Title 24 of the
California Administrative Code.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
23.Plans must meet all fire and life safety codes,inclUding but not limited to eXiting,occupancy
load and extinguishing systems.
24.The abandoned fuel tank under the basement shall be removed and any soil which is
contaminated shall be cleared.
If you have any questions,please contact Sandy Baily of this office at 354-6873.
Very truly yours,
L(.4-.---
Lee E.Bowman
Planning Director
LEB:mb
cc:Frederick C.Kritz,Public Administrator,Crall Estate
Josephine Poole,Estate Administrator,Santa Clara County Public Administrator
Tom Hisata,Architect
Randy Reedy
Dr.V.F.Van Dalsem,Jr.
pcmin04\letters\21 NSC.TC
A P PEA RAN C E S:
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LOS Gatos Planning
Commissioners:
Assistant Director of
Community Development:
Town Attorney:
Transcribed by:
Joanne Talesfore,Chair
John Bourgeois
Michael Kane
Phil Micciche
Tom O'Donnell
Steve Rice
Marico Sayoc
Randy Tsuda
Orry Korb
vicki L.Blandin
(510)526-6049 10
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PRO C E E DIN G S:
CHAIR TALESFORE:Moving on to continued public
hearings;we have 21 North Santa Cruz Avenue.Mr.Tsuda,
will you give the report on that?
RANDY TSUDA:This application is for 21 North
Santa Cruz Avenue.This is Conditional Use Permit
Application U-07-22.This is for Andale Restaurant.They
are requesting approval to modify a Conditional Use Permit
to allow the service of full liquor on property zoned C-2
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LHP.This is a site that's located in the downtown14
15 commercial district and is located in the Historic Overlay
16 Zone.This issue is before the Commission tonight as the
17 applicant is requesting a modification to their alcohol
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LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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sales and to their hours of operation.
under the Town's requirements,changes to alcohol
sales or alcohol operations require a public hearing before
both the Planning Commission and the Town Council,and
therefore tonight the Planning Commission is making a
recommendation for final action to the Town Council.
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
2
1.-_
By way of background,this application was
continued from the meeting of April 5,2007.It was
continued due to the lateness of the hour and the length of
that agenda.
The Conditional Use Permit for this restaurant
was originally approved in 1991.The approved hours of
operation are 11:00am to 9:00pm.The Conditional Use Permit
also allows for a total of 46 seats in both indoor and
may be permitted if there is separation from public areas.
Alcohol may only be served with meals.
The Police Department has reviewed this request
and does not have concerns with the proposal and has not
5 Ireceived complaints regarding the operation.
The applicant is also requesting an amendment to
change the closing time of the restaurant from 9:00pm to
10:00pm.
Also before you tonight is a Desk Item that
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outdoor seating combined;that's 46 for both indoor and
outdoor.They are approved for beer and wine service,and
are approved for live entertainment as long as that
entertainment is unamplified.Currently they offer
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provides information on the definitions of restaurants and
examples of high-turnover sit-down restaurants and quality
restaurants.This was information that was requested by
Chairperson Talesfore.I can answer any questions.
14 lentertainment once a year on Cinco de Mayo.14
CHAIR TALESFORE:Thank you very much,Mr.Tsuda.
16 IConditional Use Permit to allow full alcohol service in
15 The applicant is requesting to modify the 15
16
By the way,who is representing the Andale properties?Do we
know?
RANDY TSUDA:I do not know.
17 addition to the existing beer and wine.17
CHAIR TALESFORE:All right.In that case,
18 Requests for modifications to alcohol service are 18 Commissioner Bourgeois,do you have a question of Staff?
19 guided and governed by the Town's alcohol policy.Among the 19 COMMISSIONER BOURGEOIS:Yes,please.Just to
22 121 North Santa Cruz?
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requirements of that policy,or stipulations to the policy,
is that alcohol beverages should not be allowed after
II:OOpm Sunday through Thursday,and after 1:00am on the
weekends.Alcohol service in approved outdoor seating areas
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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clarify,Mr.Tsuda,this owner also owns the restaurant at 6
North Santa Cruz,Andale,but this application is just for
RANDY TSUDA:That's correct.
CHAIR TALESFORE:Thank you.
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
4
COMMISSIONER BOURGEOIS:Any other questions of
Staff at this time?Seeing none,then I will call Mr.
Ignacio Flores.Welcome,Mr.Flores,and this is the opening
of the public hearing on this item.You will have up to five
minutes to make a presentation,and after your presentation,
if it's five minutes,that's fine,or whenever it's
finished,would you please wait at the podium?And please
adjust your microphone.
IGNACIO FLORES:Okay,thank you.Good evening,
everyone.My name is Ignacio Flores.I am the executive chef
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and co-owner of Andale Mexican restaurant located at 21
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North Santa Cruz Avenue in Los Gatos.
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I am here to request an approval to modify the
We will highly appreciate if the Town Council will
consider Andale's request.Thank you very much for your
time.
CHAIR TALESFORE:Thank you,Mr.Flores.Would you
please stay there?Do we have any questions for Mr.Flores?
Yes,Commissioner Bourgeois.
COMMISSIONER BOURGEOIS:Thank you for your
presentation and I'm very familiar with your two restaurants
on Santa Cruz.What's before us is asking for a
recommendation to Council of full alcohol service,but in
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your statement it sounds like your intention is only to add
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margaritas to your drink mix,is that correct?Is that your
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intention?
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Conditional Use Permit to serve margaritas.At the present
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IGNACIO FLORES:Yes.Margaritas and there are
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time Andale is serving beer and wine only.The reason for
Andale's request is due to a 30%decrease in sales since the
opening of Santana Row.
Andale has been doing business in the Town of Los
Gatos since 1988.Andale has complied with the Town
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other tropical drinks that we sort of specialize in.Like we
have other bars that we have been operating,or we do have,
for instance in International Airport we have a full bar in
there.We also have a full bar in Palo Alto and we have a
full bar on Chestnut Street in the Marina.
19 I requirements.Andale has been a big supporter of the local 19 To answer your question,our goal is not going to
20 Ischools as well as local events.To mention one of them,
21 IAndale has been a major sponsor of Music in the Park since
20 Ibe like the bar,the (inaudible)drinking,going crazy,and
21 Iwe're not going to have like a huge line of drinks.I would
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22 11996 .Andale supports the high school marching band as well
as the high school football team,the Los Gatos Cat's Hill
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say our focus is more on the margaritas,the mojitos,and
martini flavors.
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race,and many other fundraisers.24
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COMMISSIONER BOURGEOIS:Thank you.
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
5
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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CHAIR TALESFORE:Commissioner Bourgeois,do you
have another question?
COMMISSIONER BOURGEOIS:Yes.It's a different
4 Iline,but I want to make sure I have a correct impression of
IGNACIO FLORES:We will have a menu,a sign,that
will go well with the food and customers will be able to see
that.
COMMISSIONER SAYOC:And then my second question
the two restaurants across the street from each other.
Now when I go to Andale and I want to sit down to
eat,I go to 21 North Santa Cruz Avenue.If I want to pick
something up and take it out,I usually go to 6 North Santa
Cruz Avenue.Is that typical?I mean when I'm there,that's
what I typically see.I see one as more of a destination
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sit-down and one more as a quick service take-out.Is that a
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correct impression?
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IGNACIO FLORES:That's correct,except we will do
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an exception,like if you prefer to order from 21 North
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Santa Cruz Avenue to go,we can do that.No alcohol is
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regarding your Conditional Use Permit on live entertainment.
Right now as I understand it,you have one event for Cinco
de Mayo.Do you anticipate adding onto that?
IGNACIO FLORES:I was anticipating for the time
that we've been processing this,but if it doesn't happen,
then no,we're not going to.
COMMISSIONER SAYOC:The reason why I ask,and we
can discuss it further,is right now the Conditional Use
Permit is very open,saying that you can have live
entertainment as long as it's not amplified,and so if I
were to propose that that be limited in some fashion to
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allowed to go,period.
CHAIR TALESFORE:Commissioner Sayoc.
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perhaps a number of days or weekends,that's the line of
thinking I'm thinking,would you have any objections to that
17 COMMISSIONER SAYOC:Thank you for your comments.17 land can you help me in terms of how I can limit that?
18 II too am familiar with your restaurants and we are very 18 IGNACIO FLORES:One thing,it would be nice if we
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happy with it.
I do have two questions for you tonight,the first
with regard to process of your alcohol sales.Is there a set
menu of these drinks,the mojitos,the sangrias,or is it
something that people can request,like a typical bar,
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can get permission to continue a little more in this area,
like different styles of Latin music and stuff,small
groups,trios,or however.That would be great if we can get
permission for that to do it more occasionally.But for now,
we just have the Cinco de Mayo plan.
24 depending on what they prefer?
24 COMMISSIONER SAYOC:Thank you.
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LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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CHAIR TALESFORE:Commissioner Micciche.
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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COMMISSIONER MICCICHE:Hi,Mr.Flores.When
people order beer or wine,people come up to the counter to
order,if I recall,right?
IGNACIO FLORES:Correct.
COMMISSIONER MICCICHE:They order wine and beer
from the counter?
IGNACIO FLORES:Right now,yes.If you request
COMMISSIONER MICCICHE:Okay.And you'll be
serving the margaritas and mojitos and other drinks the same
way?They won't be going to the table?
IGNACIO FLORES:My plan is to put somebody to
attract,a waitress for instance.
COMMISSIONER MICCICHE:Oh,you will have?
IGNACIO FLORES:Yes,that's something that will
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beer or wine,we serve it to you at the counter.
COMMISSIONER MICCICHE:Right,so someone doesn't
bring it to the table?
IGNACIO FLORES:Correct.
COMMISSIONER MICCICHE:How do you police the fact
that there may be somebody under 21?If somebody over 21
orders and brings it to a table outside,how do you police
that right now?
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be a little more service for everyone.
COMMISSIONER MICCICHE:Thank you.
CHAIR TALESFORE:Commissioner Kane.
COMMISSIONER KANE:First a question to Staff,
please?
CHAIR TALESFORE:Yes.
COMMISSIONER KANE:Mr.Tsuda,the alcohol
beverage policy on page 2,Item #8,says,"Alcoholic
15 IGNACIO FLORES:We have personnel trained for all 15 beverage service in approved outdoor seating areas may be
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those responsibilities.The way they do it is if one person
comes in and looks pretty young and orders two beers,they
have to ask for the ID for this person and also for the
other.In some cases,they make that person go call the
other and bring it over.
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permitted (inaudible)separation from public areas as
provided as determined by the Town Manager.The separation
shall clearly suggest that alcohol is not allowed outside
the restaurant seating area."
In the rear of Andale there is a really pleasant
21 COMMISSIONER MICCICHE:So you ask them to...21 Ipatio seating area with a gateway that goes to the parking
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actually.
IGNACIO FLORES:Yes.It's a requirement,22
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lot,which is adjacent to the school.How does Item #8 apply
to the access and egress through that back fence?
RANDY TSUDA:Well the first part of the policy is
to have a clear delineation on where that outdoor dining
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
10
area is and where the alcohol can be served,and I think a
wall enclosure and the gate serve that purpose.
Now,the approval of the existing restaurant
predates the current alcohol policy,so would the Police
Chief or the Town Manager have stipulated that a sign be
placed at the gate or on the wall?Had this restaurant come
after the alcohol policy,that's probably true.But at this
point,the current restaurant predates the Town's alcohol
policy,so that requirement was not in place when it was
approved originally.
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COMMISSIONER KANE:But now the full liquor
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service is coming before us and I would think that's
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applicable.
In fact,the back patio is not supervised at all.
I've been to your establishment many times,my children have
been to your establishment many times,and in particular
over the past week I've been there twice for prolonged
periods just to stand and watch and learn,and the back
patio to me seems to be wide open.There's no supervision.
Do you understand what I'm saying?
IGNACIO FLORES:Yes,I do.Now we have the
knowledge of managing these types of situations.We've been
in the business and give training to our personnel.The only
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way I can see this happen is if somebody goes in and buys
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it,I would think a beer would be the easiest thing to carry
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out,and we've been serving beer since we opened almost at
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RANDY TSUDA:It is applicable,and if you wanted
13 that location.That's the only way I can see that happening,
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a sign or something to that effect stating that no alcohol
should be permitted beyond this point,you could add that as
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because we have the managers,and also we going to be
training personnel.We are going to add this to it,because
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a condition of approval.
COMMISSIONER KANE:Thank you.Mr.Flores,my
things are going to change a little bit.There are more
17 IthingS that we have to teach our personnel so we can move
18 Iconcern is at the facility,to get in and out of the back
19 Igate and get into the cozy,comfortable patio area,dark at
20 Inight,and there's a parking lot behind the establishment
21 Iwhere young people congregate,and there's a school behind
18 Ion.
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COMMISSIONER KANE:Thank you.
CHAIR TALESFORE:Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I'm going to ask you a
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the establishment.My question is do you think something
should be provided in the way of signs or restrictions or
access and egress through that gate,because the gate is not
monitored?
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couple of questions and I'd like to get a precise answer,
because once we close this the commissioners will probably
be making motions and they may be imposing conditions,and I
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really want to know where you are on some of the potential
conditions.
So you were asked about music and I found your
answer somewhat vague.Nobody's complained about the music
you now have-of course you only had it once a year-and one
of the commissioners has suggested we might want to limit
the number of days.Do you have a preference?If we were to
say for example you could have music on weekends but not
during the week,how would that effect you?
IGNACIO FLORES:Well we probably don't even want
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to have music every weekend.It will be probably more like
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doing celebrations.Talking to somebody in town,we were
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talking about the idea of bringing the people back to town,
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so it just makes it a little more inviting.
COMMISSIONER O'DONNELL:Twice a week?
IGNACIO FLORES:Yes,because entertainment can be
expensive,but the idea is to make it,once again,inviting.
COMMISSIONER O'DONNELL:All right,so that's one.
The second question I have for you,you were asked if you
have full alcohol will you have it served,and I understood
your answer to be that if you have full alcohol it will be
served.I don't know whether that's just hard alcohol or
whether now it's become the beer and wine.What is your
answer?If you have full alcohol,will I be able to go up to
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the bar-not the bar,because there is no bar-go up to the
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counter and say,"I want a martini,"and then I wait till
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somebody gives it to me and I walk back with it?
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IGNACIO FLORES:No,there will be a cocktail
14 COMMISSIONER O'DONNELL:Well I'm trying to help 14 waitress going on the tables offering if you want another
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you too,because it sounds like a good idea.But if we
impose a condition and you're sitting there and you don't
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drink.She will go back,place the order,and bring it back
to you.
17 like the condition,you'll have missed a chance to comment 17 COMMISSIONER O'DONNELL:So if we were to limit
18 Ion it.
19 I We have said in the past to some people you can
18 Iyou such that hard alcohol can only be served by a waiter or
19 la waitress,would that be what you want?
20 Ihave entertainment ten days a year.Some people we've said
21 IYou can have entertainment on the weekend.I'm asking you,
22 Iyou're telling me once or twice,but you may not really mean
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IGNACIO FLORES:The reason we want to do this,
this involves like glasses,the different sizes,and we want
to avoid our clientele carrying these.
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that.
a week.
IGNACIO FLORES:Okay,let's say we have it twice
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COMMISSIONER O'DONNELL:
IGNACIO FLORES:Is yes.
But the answer is yes?
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COMMISSIONER O'DONNELL:Okay,that's all I wanted
to know.Thank you very much.
CHAIR TALESFORE:Commissioners,I see some more
questions.Commissioner Rice.
COMMISSIONER RICE:Just a very simple question.
Since you've had the beer and wine,have you ever been cited
by Alcoholic Beverage Control or the Town Police Department
for serving to underage?
IGNACIO FLORES:We haven't been,no.
COMMISSIONER RICE:Thank you.
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CHAIR TALESFORE:Commissioner Sayoc.
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COMMISSIONER SAYOC:Mr.Flores,I do want to make
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it clear that the reason that we are asking these questions
IGNACIO FLORES:That's correct.This person will
be serving alcohol only.
COMMISSIONER SAYOC:Then my follow-up question is
have you reviewed the alcohol policy,because it does
clearly state there that alcohol must be bought when food is
bought.People cannot technically go in just for drinks.
IGNACIO FLORES:That's correct.Okay,see,that's
a tricky question right there,because well,the cocktail
waitress basically came up at the last minute.The idea is
to serve it as we do right now.If it's going to implicate
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more problems somewhere in there,we just continue as we are
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doing it right now.
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CHAIR TALESFORE:I have some questions too,but
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on your Conditional Use Permit is to be helpful.What I
13 maybe you'll ask them.Okay,Commissioner Sayoc,did you
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don't want personally is to limit it so that you don't have
a chance to do the things you'd like to do,but at the same
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have a follow-up?And then Commissioner O'Donnell.Or were
you finished,Commissioner Sayoc?
16 time make it tight enough so that everyone in town 16 COMMISSIONER SAYOC:Actually I do have one more
17 understands what exactly we have approved,because I 17 Ipoint on that,and then if you do have a question on
18 Ipersonally would not want to just have an open-ended 18 I alcohol , I can defer my live entertainment question.
19 lapproval.
20 So there are two things I still need clarification
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COMMISSIONER O'DONNELL:I do.
CHAIR TALESFORE:Okay,so we'll do a follow-up.
21 Ion.You mentioned the cocktail waitress.This is a new 21 COMMISSIONER O'DONNELL:I think I'd like to
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thing,because I've never been to your restaurant and been
served,so would this waiter or waitress be serving just
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direct this question to Staff,but it relates to the
question being raised,and that's why I'd like to follow-up.
24 alcohol,or would it also be for food that patrons may also
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CHAIR TALESFORE:commissioner Sayoc,were you
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want?
LOS GATOS PLANNING COMMISSION 4/25/2007
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finished with your follow-up?
LOS GATOS PLANNING COMMISSION 4/25/2007
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COMMISSIONER SAYOC:(Inaudible).meal.The intention is good,but I'm just saying it makes it
CHAIR TALESFORE:All right.
COMMISSIONER O'DONNELL:As I understood the
4 Iquestion from the commissioner,as I understood it,it could
go either way,and I just want to make it clear,and so I
guess I'm asking Staff,and that might include the Town
Attorney,my understanding is that this license is given to
an impossible burden on a restaurant owner.
Clearly if you go into Andale,it's not a bar,
it's not going to be a bar,it will serve liquor,and one
would think that most people will go in and have food and
maybe have a drink with it.
All I'm saying is the way we keep saying it,it's
a restaurant with the idea being that the alcohol is being
served with food,but it doesn't mean literally that when
you order a drink you can only get a drink when you have
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food in front of you.So I guess what I'm getting back to
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here is it is possible that one could have a waiter or a
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waitress serve drinks and not serve food and still be
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consistent with the Town policy?That is my question.
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like you couldn't order a drink unless you either order
dinner or promise to order dinner,and neither of those is
correct.You walk in,you order a drink,if you change your
mind and you want to go home,babysitter's sick,nobody can
say,'You can't leave.You didn't have dinner."So the
restaurant is having liquor because they serve food,but we
cannot compel each patron to sign up for the program.Is
14 RANDY TSUDA:And your explanation is correct.The 14 that correct?
15 requirement of the policy is that you can't go into a 15 ORRY KORE:Yes,I have to say based on the
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restaurant and just order drinks.You must be ordering
drinks with a meal.Now if you order the meal,can you have
more than one drink?Yes.But you cannot go in just to have
beer or margaritas or tequila,whatever.
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description that you're giving,you are correct.It is
possible that somebody could walk in,order food,the food
has not been served to them yet,order a drink separately,
have their drink,and get up and leave.I mean that's
20 COMMISSIONER O'DONNELL:But that unfortunately is 20 Icertainly possible.It would be an enforcement issue more
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not quite my understanding.We have restaurants in town,and
I think legally operating,that have a bar,and the reason
they have the bar is because they have the same permission,
because they serve food.You cannot chain someone at the bar
to make sure they don't leave the bar until they've eaten a
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than anything else.
But the intent is that alcohol service is to
accompany food service and it is not to operate as a bar
type of operation.So yes,it's possible that somebody could
sneak through or a few people could sneak through,but
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that's not the intent of the policy or the intent of an
approval if granted by the Commission and there is a
condition that does require that alcohol service be with
food and we would monitor that.
COMMISSIONER O'DONNELL:One last thing,because
you said they ordered food and then changed their mind.I
guess what I'm saying is the fact of the matter is while
you're waiting to be seated for your dining,as is the case
in some restaurants,you can order a drink when you haven't
ordered food,right?
10
ORRY KORB:It's possible,yes.
11
COMMISSIONER O'DONNELL:You know,it seems
12
crystal clear to me,but we keep dancing around that issue,
13
but I think that is the fact.
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wine and then go to the next counter and order the meal.You
cannot come in and sit down and have a drink and leave.
ORRY KORB:I understand what you're saying.The
factual scenario that a fellow commissioner has described is
one that is possible.It is possible that somebody could
walk in,sit down intending on ordering a meal,perhaps with
somebody else who has gone to look at Andale's
configuration,gone to the counter to order a meal,and sits
down and the waitress comes around and says,"Would you like
to order a drink?"and they order a drink,and they may
never ultimately end up eating.It's possible that that
could happen.That's not the way the restaurant is supposed
to operate.It is intended that it doesn't operate as a bar,
and if that was the regular way in which people were
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CHAIR TALESFORE:Commissioner Kane.
COMMISSIONER KANE:I'm uncomfortable with where I
think this is going.Excuse me,Mr.Flores,but to the Town
Attorney,it says,"Alcoholic beverages may only be served
with meals."Now I've been involved in a number of the
alcohol applications,the recommendation to Council,and in
every instance we talked to the restaurant owners about
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obtaining alcohol service without food service at the
restaurant,then we would from a code enforcement standpoint
have a problem with that and we would check it.But that's
currently the configuration,and remember,they have a beer
and wine license now,so somebody could do that right now,
but has it occurred on a regular basis and been a problem?
Apparently not.
21 Iserving food,and we even defined food that it's not chips,21 CHAIR TALESFORE:So I have a follow-up question.
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it's not hors d'oeuvres,that a meal must be served with the
alcohol,and I specifically remember when we talked to Los
Gatos Coffee Roasting,we even wanted to know how the flow
of traffic was going to go,that they would get a glass of
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Another scenario to this is I go in and I order food to go,
and while I'm waiting,because it's crowded or something,I
decide to have a tequila margarita.Am I allowed to do that?
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ORRY KORB:I don't believe you would be allowed
to do that.
IGNACIO FLORES:That's the right answer.
CHAIR TALESFORE:It's the right answer,but it's
also going to require more monitoring,because I do come to
your restaurant,I think we all do,and I will order,and
sometimes if it's going to be a long wait,maybe I've
ordered a Coke and sat down at a table and waited.So it's
just these are a lot of scenarios that I'm wondering if
you've thought them all through?I'm feeling like I'm not
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getting a positive (inaudible).
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IGNACIO FLORES:No,this is part of the training
12
for our staff.We're going to go through the retrain with
My concern was,and I thought you answered it,as
long as somebody is going to bring the drinks to them and
know whom they're giving the drinks to,that was my concern.
It wasn't somebody coming in to order just a drink,because
typically they come up there and order the drinks and food
at the same time.So to satisfy the situation,you're not
going to allow people to come up and just order a drink
without ordering food,is that correct?
IGNACIO FLORES:That's correct.
COMMISSIONER MICCICHE:Okay,thank you.
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CHAIR TALESFORE:Commissioner Sayoc.
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COMMISSIONER SAYOC:The last question that I did
12
have with regard to live entertainment,with the
13
videos and whatever we have to apply this.Like I said,we
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Chairwoman's permission I would like for you to think
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have a full bar in Palo Alto,it's a university town,and
SFO.We are supervised by the airport,and also the ABC,and
we have done it.We (inaudible)a bar is San Jose.
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through what would be optimal for you in terms of what
you're anticipating for live entertainment,and perhaps you
can work with Staff on something.But I do want you to think
17 CHAIR TALESFORE:Thank you.Do I have any other 17 labout it and try to be as specific as possible.
18 lquestions at this time from the Commission?Commissioner
19 IMicciche.
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IGNACIO FLORES:(Inaudible).Thank you.
CHAIR TALESFORE:Okay,thank you.Mr.Flores,I'm
20 COMMISSIONER MICCICHE:I'm kind of sorry I 20 Igoing to have you sit down for right now and I'm going to
21 Ibrought this issue up.You're not going to change the way 21 call up the public.I do have two speaker cards on this,and
23
then we'll call you back up,so you can be ready for that.22 IPeoPle are or not.They're going to come up to your counter,
they're going to order the food,and they're going to order
22
23 IGNACIO FLORES:Thank you very much.
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their drinks.
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CHAIR TALESFORE:You're welcome.I have a card
from Mr.Dale Chambers.You will have three minutes,and
could you adjust the microphone?
DALE CHAMBERS:My name is Dale Chambers.I have
been a town resident for over 37 years;I live at 32
Mariposa Avenue in Los Gatos.
First of all,I've had an opportunity not only
tonight but the previous two weeks to sit here and listen to
all of you,and I want to commend each and everyone of you
for as much thought as you put into all the issues that are
in front of you,and I just want to thank you for keeping
LoS Gatos like I remember it,and I hope that it will be in
the future.
I am here tonight to speak on behalf of my friend,
Ignasio Flores,who I've known for 20 years and respect not
only for the food that he puts out,but for his integrity
and his other partners.
English is not Ignacio's first language,and so
expressing himself sometimes,he does a very good job,but I
could see where there were some issues.But I want to assure
you that he's had a license here in Los Gatos for as long as
I can remember and there have never been any issues.
I also want to say that both places,the ones in
San Francisco and in Palo Alto,there have been no problems.
They do train their people;they are very,very supportive.
As a matter of fact,Ignacio is one of the gentlemen that
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makes the employees come to work,enjoy what they're doing,
and police the problems that could be attributed to alcohol.
I just want to say tonight's my birthday,and hopefully in
couple of weeks I can have a margarita and nice torta at
Andale.Thank you.
CHAIR TALESFORE:Just a minute.Do we have any
questions for Mr.Chambers?seeing none,thank you,Mr.
Chambers,and Happy Birthday.
DALE CHAMBERS:Thank you.
COMMISSIONER KANE:That's not a question.
CHAIR TALESFORE:Thank you for correcting me,Mr.
Kane.Tony Jeans.
TONY JEANS:Tony Jeans,170 Stacia Street,Los
Gatos.I didn't come here specifically for this item,but
I'd like to talk a little bit about it.
I probably use Andale more often than I should.
I've probably been in there two or three times in the last
week or so.I normally go in at lunchtime;I occasionally go
in in the evening.When I go in at lunchtime,it's just to
get in fairly quickly,not have alcohol,and get back to
work.When I come in the evenings,I linger a little longer.
It would be really nice to have a margarita rather than
having to go to Left at Albuquerque or somewhere like that
where I might choose to be able to have a margarita and
still enjoy good food.
LOS GATOS PLANNING COMMISSION 4/25/2007
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So I think it's something that if you were to
approve this and the Town Council were to go along with
that,then I think it would be a plus for the Town.I like
events,nothing more than that.If it were something that
would on weekends bring in some business,that might be
something they might try in the future,but there are no
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the idea of a separate person,a waitress who is better
trained at alcohol serving,being the person who distributes
alcohol rather than just making a generally available
selection at the bar.I think it's a very good idea that
that person go out to the tables.They can also police the
tables,see if they're getting a little bit rowdy and see if
that should be cut off.I think it's a very,very good idea
and I think it's something that would be positive for Andale
and for the Town.Thank you.
CHAIR TALESFORE:Any questions of the speaker?
4 IPlans to dramatically change the facility.
All they want to do is provide the sort of drinks
that people like to drink when they are eating Mexican food.
I think what we have to keep in mind is that this is truly a
quality company.It is one that has served the community
well and has not been (inaudible),and so I would request
the Council take that into consideration and give them the
10
maximum amount of flexibility as is possible,because I
11
think they've earned it from their performance in this
12
community.Thanks.
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Seeing none,thank you.I have another speaker card.Daniel
Kaylor.
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CHAIR TALESFORE:Thank you.Any questions?Seeing
none,thank you very much.I just wanted to remark that
15 DANIEL KAYLOR:Thank you for the opportunity to 15 although our motion tonight will be a recommendation to the
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address the Council here.First of all,I have been Andale's
attorney since day one,and I am happy to say that I have
never had a problem from my clients with regard to alcohol
or anything like that.This is simply one of the finest run
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Town Council,this is the Planning Commission,not the
Council that you are addressing,and I just wanted to clear
that up.Thank you very much.
with that,I'd like to bring up Mr.Flores again.
20 loperations that you can find.Year after year they received 20 I Commissioners,if you have additional questions,you'll have
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awards as best in the community.They are a quality outfit.
AS I was listening to Ignacio,I was thinking
Ignacio would love to have music every day,however that's
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the chance and opportunity to talk with Mr.Flores
afterwards,but Mr.Flores,if you have some additional
comments,we'd entertain them.
24 not going to happen.There is not going to be the space.
24
IGNACIO FLORES:Well,I just want to thank
25
It's a restaurant,so that there are going to be occasional
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everyone for giving me the opportunity to be here and do my
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speech.I don't do many of these.That's it.Thank you very
much.
CHAIR TALESFORE:Thank you very much.
Commissioners,do you have any additional questions?Seeing
none,thank you.I'm going to ask you to sit down and turn
this over to the Commission for discussion,a motion,or
questions of Staff.I'm closing the public hearing on this.
Thank you.Commissioner Bourgeois.
COMMISSIONER BOURGEOIS:I have a question of
Staff and probably for the Town Attorney.You've heard us
10
talk about a lot of potential conditions that we may impose.
11
One in particular I'd like to see if we're able to do,
12
because the recommendation is for full liquor license,but
under the same Conditional Use Permit if they can meet the
conditions.
That's not the basis of my answer however,but the
basis of my answer was that defining particular types of
drinks and enforcing those particular requirements are
probably beyond our ability as a code enforcement operation.
CHAIR TALESFORE:And I really wanted you just to
extend that explanation so that we could make it understood.
Thank you.Commissioner O'Donnell.
COMMISSIONER O'DONNELL:I'd like to make a
10
motion.
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CHAIR TALESFORE:All right,let's hear it.
12
COMMISSIONER O'DONNELL:I'd like to make a motion
13
would it be possible to condition our Conditional Use Permit 13
that we recommend to the Town Council the granting of
14 to serve just certain drinks?Is that possible?14 Conditional Use Permit U-07-22,the findings as set forth in
15 ORRY KORB:I really don't think it's possible.I 15 Exhibit A,and that the use would be desirable to public
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think it's going to be very difficult to define and then to
enforce.
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convenience and welfare and would not impair the integrity
or character of the zone,would not be detrimental to the
18 CHAIR TALESFORE:And can I follow-up with a 18 Ipublic health,safety,or general welfare,and the proposed
19 Iquestion on that?Is that because the Conditional Use Permit
20 Ifor full alcohol runs with the land,correct?Would you
21 lexplain that,please?
19 luse would be in harmony with the General Plan and purpose of
20 Ithe Town Code.The work proposed is consistent with the
21 Iredevelopment plan for the Central Los Gatos Redevelopment
22 ORRY KORB:You are correct that the Conditional 22 Project area,and it is exempt under the State Environmental
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Use Permit runs with the land,meaning that it applies to
the property,not to the individual operator,and this
operator could be replaced by another one who could operate
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Guidelines,Section 15301.
I would like to impose a couple of additional
conditions to those that are already attached,and that
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would be that they presently serve beer and alcohol,but to
the extent they are going to serve what I consider to be
"hard alcohol,"that they do it as suggested by the
applicant,that is by a waiter or a waitress.In other
words,that those kinds of drinks would not picked up at the
counter,so that would be a condition.
The second condition would be on the frequency of
the use of music.The applicant has said a couple of times
on essentially the weekend,which I take to be Friday and
Saturday night,which I would,again,make that as a
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condition to the Use Permit,but so as not to be more
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stringent than we need be,he already has the ability to
12
celebrate Cinco de Mayo,so I would certainly include that,
COMMISSIONER BOURGEOIS:Thank you,and if the
maker of the motion will consider one additional condition,
and that would be to add the sign at the rear exit of no
alcohol beyond that point.
COMMISSIONER O'DONNELL:Sure,that would be fine.
CHAIR TALESFORE:Do I have any discussion on
this?Commissioner Kane.
COMMISSIONER KANE:To the Town Staff,the aspect
of live entertainment,Mr.Tsuda,isn't it the case that
this is being grandfathered sort of under the existing
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permit that the establishment has?He has a blank check on
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the entertainment right now.He chooses to do only Cinco de
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Mayo.
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and then I would think we ought to give him some flexibility
for maybe three or four other evenings when there is a
holiday or something that people would be off and it would
be consistent with such a celebration.In the past we have
limited it to a number of days,that kind of thing.So here
I'm suggesting Friday and Saturday would be okay.Cinco de
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RANDY TSUDA:And he has proposed to modify the
Conditional Use Permit,which opens up that Conditional Use
Permit,so the Commission could adopt additional
restrictions on the Conditional Use Permit at this time.
COMMISSIONER KANE:Thank you.
CHAIR TALESFORE:I would like to condition also
19 IMayo would be okay.And then they'd have to select let's say
20 I five additional nights of the year.
21 I So that would be the motion.
19 I that before we turn this over as a recommendation that a
20 Iclearly thought out plan about how the service will happen
21 lis somehow written down or forwarded on to Council from the
22 CHAIR TALESFORE:Do I have a second?22 applicant.It sounded like for me I would need to have a
23 COMMISSIONER BOURGEOIS:I'll second that.23 little more service nailed down in that area.
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CHAIR TALESFORE:Commissioner Bourgeois seconds.
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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COMMISSIONER O'DONNELL:Could I ask a question of
the Chair?
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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CHAIR TALESFORE:Yes,Commissioner O'Donnell?
COMMISSIONER O'DONNELL:We have a diagram
attached to our package showing the restaurant.Nothing is
going to change.The only place things are served is the
counter.
CHAIR TALESFORE:Yes.
COMMISSIONER O'DONNELL:We're told that hard
alcohol will only be served by a waitress.What in addition
to that do you need?
CHAIR TALESFORE:Well I guess I'd like to
understand the beer and wine,is that also now going to be
served by the waitress,or is that something I pick up and
take back to my table?
COMMISSIONER O'DONNELL:We are not attempting to
order at the front,and that's fine;they're going to order
with food.I expected the fact that he was going to have
someone special deliver the alcoholic beverages to the table
so they could see who was getting it;that was my concern.
So I'd be all for having all alcohol items delivered by that
person rather than just the hard alcohol.
CHAIR TALESFORE:Commissioner O'Donnell,would
you like to say something?
COMMISSIONER O'DONNELL:Two things.One,by
'served,"I certainly did mean deliver.
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COMMISSIONER MICCICHE:Okay.
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COMMISSIONER O'DONNELL:However,I didn't intend
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to change their method of serving beer and wine,so that if
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presently if somebody comes in and doesn't want a hard
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effect,to my knowledge,the service of beer and wine,nor
did the applicant suggest that he would serve necessarily
beer and wine with a waiter or a waitress.I would assume
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alcohol drink,they want to order their dinner and pick up
their dinner and pick up a bottle of beer,my motion does
not include changing that.
17 that if some hard alcohol is being served at a table and 17 CHAIR TALESFORE:Commissioner Micciche?
18 Isomebody else is ordering a beer at that table,it may all 18 COMMISSIONER MICCICHE:No,I realize that.I'm
19 Ibe together,but my motion does not include expanding the
20 Irestriction of beer and wine.
19 I suggesting we at least look at that,because my concern was
20 jwho's getting the alcoholic beverages?Whether it's beer or
21 CHAIR TALESFORE:Okay,I'd like to think about 21 jalcohol,that's my concern.
22 that.Commissioner Micciche.22 CHAIR TALESFORE:Commissioner O'Donnell.
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COMMISSIONER MICCICHE:I might ask you to just
define something for me.When you're using the word 'serve,"
I was more concerned about the delivery.They're going to
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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COMMISSIONER O'DONNELL:My response to that would
be that we've had a lot of testimony about the number of
restaurants with alcohol that this applicant has had.We've
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
32
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had direct testimony that there have been no ABC violations.
We essentially introduced testimony from our Police
Department saying they've had no problem.In light of that,
it seems like the applicant is doing a very good job.I
think your request is reasonable,I just think that to go
back now and change a good thing and make it more difficult
for him is something that I would prefer not to do.So I say
that with respect for your request.
COMMISSIONER MICCICHE:May I respond?
CHAIR TALESFORE:Commissioner Micciche,you may
respond,and then let's move on.
COMMISSIONER MICCICHE:However,I'll agree,and
I'll support the motion either way,but I would ask Mr.
Flores to take that into consideration.
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time we get together,we're looking at another Conditional
Use Permit for alcohol.When I look at the General Plan,
which talks about the welfare of the Town and the
neighborhood and the family community,I look at the Central
Business District Guidelines,I look at the Alcohol Policy
itself for authority for my objection,and I just want to
make a couple of points.
Two weeks ago we denied a yogurt shop because of
heavy concentration,and the heavy concentration that the
Commission talked about were four other yogurt shops.
In the vicinity of this restaurant that wants to
go to full alcohol there are 12 other bars or restaurants
with bars or restaurants that serve alcohol,and five more
that don't that are probably now getting in line.I'm just
14 CHAIR TALESFORE:A large consideration.I'm sorry 14 concerned about the trend in the direction.We talk about
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that the maker of the motion wouldn't accept that,because I
think it does put things in some kind of uniform aspect and
makes it a little bit easier.Someone when they order
saying,'I'll have one margarita with tequila,and one
beer,"and then having to juggle all of that,I don't know.
That's why I need to see more clearly how this is going to
work and I don't see that.
Do I have any other comments?Commissioner Kane.
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the neighborhood concerns.There's a school right behind
this establishment.
This is not about Mr.Flores.It's not about the
fine history of this establishment.It's my concern as to
what direction we're going in with respect to alcohol
proliferation.Policies are pretty clear.The founding
fathers that wrote these talked about the sale of alcoholic
beverages if not regulated can jeopardize public safety and
23 COMMISSIONER KANE:I'm not going to support the 23 yakety yak,and the Town Council wants to balance the
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motion,and I haven't supported expansion of alcohol motions
for a number of months now,because it seems to me that each
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
33
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regulation,and we're concerned about residential
neighborhoods and on and on and on,and we're approving one
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
34
alcohol Conditional Use Permit after another,and sometimes
the one we don't approve,we get overturned on,and I wonder
what our alcohol policy says,what we're intending?I think
they attempt to have most of their restaurants full alcohol
licensed.
And yet I have to be thinking about the Town,
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of the historical jokes we talk about Los Gatos was whiskey
gulch,and our fathers and mothers before us cleaned that
up,and now we seem to be going back in that direction.
There are 12 bars in the immediate vicinity of this
establishment,five more that can go in that direction,and
that's just within a one-block area one way or the other.
There are more on down the street.
It's a family restaurant and I'm concerned the
family restaurants are going to revert to the way of first
beer and wine,then the full alcohol.It's like dominoes;
because it's not a goal of the General Plan to grant
something because of uniformity.Our goal is to promote and
protect existing small-town character.So I couldn't support
it for that reason,which is the one he has requested.
I also could not support this because Andale is
termed a high,fast-turnover restaurant.Yes,you can sit
there,or you can take your food out to go,and it's all
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happening all at the same time.I'm just wondering if this
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is the trend that we're setting now that we're going to now
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grant full alcohol to high-turnover restaurants?Does that
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they just go down one right after the other.There are many
children in this restaurant and it's a popular place for
teens,and there's a popular parking lot in the back,which
is also a popular place for teens.I think we should be
giving our teens a clear message,not a double message.I
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mean that at some point across the street Mr.Flores might
come before us and ask for that restaurant also to have full
liquor?I don't know,but my recommendation would be to say
no on this one.
Commissioner Bourgeois.
18 Ican't support the motion.18 COMMISSIONER BOURGEOIS:I'd just like to make a
19 CHAIR TALESFORE:I will speak now.I also will 19 lquick comment.I share some of those concerns and I think we
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not be supporting the motion.I do support the restaurant.I
think it's a fabulous restaurant,fabulous food,and high
quality.But in the letter from the applicant he asked to
have a full alcohol,as one of the reasons was to achieve
uniformity with his other restaurants in the Bay Area as
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
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should all be concerned about proliferation of alcohol
licenses,especially at high-turnover restaurants.But one
of the reasons I asked the questions in the beginning is I
do think there is a difference between the two Andales,and
I think the one at 21 North Santa Cruz is more of a sit-down
destination restaurant.Yes,you can get take-out there,but
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
36
I see it very different from the one at 6 North Santa Cruz,
and I think it's perfectly reasonable to expect to walk into
a Mexican restaurant and be able to order a margarita.They
already have beer and wine.
Those concerns about alcohol in the presence of
our youth,that does concern me,but I think that it's
positive.If the school or if a neighboring business or
resident had filed a negative comment,then I would have
taken that extremely seriously,but for those two reasons,I
will be supporting this.
CHAIR TALESFORE:Thank you very much.I don't see
any other hands up.I'm going to call the motion.All in
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already at the restaurant,and I think adding something that
is very reasonable to expect at a Mexican restaurant is not
going to impair the integrity of our downtown.
CHAIR TALESFORE:A comment back,Commissioner
Bourgeois,is that I have sat in both restaurants,and I've
also taken food out at both restaurants,and I've had
margaritas in both restaurants,which I thought were real
margaritas,so they were delicious,as was the food,but I
still will not support the motion.
Thank you for your comments,and Commissioner
Sayoc,before we take the vote,we need to move on.
COMMISSIONER SAYOC:I will be supporting the
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favor,say aye.And opposed?That's five yes,and two no.
ORRY KORB:The Commission's decision is a
recommendation to the Town Council.A hearing will be
scheduled before the Town Council in the near future.No
further actions are required and notice will be published.
CHAIR TALESFORE:Thank you very much,and
congratulations,Mr.Flores.
18 Imotion and I would like it on record why,for two reasons.I 18
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understand everyone's concern and I think that the two
compelling reasons for my support of this is Andale is a
successful business and they have a proven track record with
no police enforcement issues.Had this been an unknown
entity,I would be concerned.
The second reason I will be supporting it is
because all the comments we've heard to date have been
LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
37
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LOS GATOS PLANNING COMMISSION 4/25/2007
Item #2,21 N.Santa Cruz Avenue
38
1.-_
REPORT TO:
FROM:
LOCATION:
FINDINGS:
ACTION:
EXHIBITS:
A.BACKGROUND:
Date:AprilS,2007
For Agenda Of:AprilS,2007
Agenda Item:5
The Planning Commission
Director of Community Development
21 N.Santa Cruz Avenue
Conditional Use Permit U-07-22
Requesting approval to modify a Conditional Use Permit (Andale)to
allow the service of full liquor on property zoned C-2-LHP.APN.
510-44-036
PROPERTY OWNER:Andale Properties
APPLICANT:Andale Los Gatos
DEEMED COMPLETE:February 28,2007
FINAL DATE TO TAKE ACTION:August 28,2007
•As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
•As required by Section N.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set
forth in the Town's General Plan.
•It has been determined that this project is Categorically Exempt
pursuant to Section 15301 of the State Enviromnental Guidelines as
adopted by the Town.
Forward a recommendation to the Town Council.
A.Required Findings (one page)
B.Proposed Conditions of Approval (two pages)
C.Existing Conditions of Approval (two pages)
D.Letter of Justification,received November 7,2006 (two pages)
E.Resolution 2001-106 -Alcohol Policy (six pages)
F.Map of Restaurants Downtown
G.Floor Plan,received September 12,2006 (one page)
The original Condition Use Pennit (CUP)for the existing Andale restaurant at 21 E.Main
Street was issued in 1991,The CUP allowed a total of 46 seats and included approval to
ATTACHMENT 5
Planning Commission-March 28,2007
21 N.Santa Cruz Avenue U-07-22
Page 2
approximately 1,900 square feet of indoor area with an 800 square foot outdoor area (500
square feet of which is available for tables).
The restaurant has 31 seats indoors and 15 in the outdoor patio.The floor plan (Exhibit G)
shows all the seating inside.However,during the warmer months the applicant has outdoor
seating.The CUP allows a total of 46 seats for both indoor and outdoor seating.The
applicant only has live entertainment once a year during Cinco de Mayo that consists of a
Mariachi band that plays between 7:30 pm and 9 pm.There is no separate bar.
B.DISCUSSION:
The applicant is requesting approval to modify the existing Conditional Use Permit to permit
full alcohol service.The Town has determined that the consumption or service of alcoholic
beverages,if not regulated,can jeopardize public safety,result in increased calls for police
service and compromise the quality of life for Town residents.To that end,the Town has
established an alcohol policy (Exhibit E).The deciding body may approve a conditional use
permit to serve alcoholic beverages based on the merits of applications and subject to the
requirements in the Alcohol Policy.A summary of the relevant policies are as follows:
•New stand along bars and restaurants with separate bars are discouraged.
•New applications for entertainment establishments serving alcohol are discouraged.
•Entertainment associated with an eating or drinking establishment may be allowed if
standards and a pennit process are adopted.
•Alcoholic beverages should not be allowed after 11 PM Sunday through Thursday
(except for holidays and evenings before holidays)and after 1 am,Friday,Saturday,
holidays or evenings before holidays.
•Alcohol service in approved outdoor seating areas may be pern1itted if adequate
separation from public areas is provided.
•Restaurants may only serve alcohol with meals.
Attached to the staff report as Exhibit G is map of the all restaurants downtown.There are
14 restaurants downtown with full alcohol service (Exhibit F).Two of the resta'urants,
Double D's Sports Grill and Willow Street Pizza,are high turnover restaurants similar to
Andale.
Town staff has determined that the request to add full service alcohol to Andale complies
with the Town's Alcohol Policy and that the approval of this request will not create any
adverse impacts.The Police Department has reviewed this request and does not have any
concerns with this proposal.The Town has not received any complaints concerning the
operation of the restaurant.The request is consistent with the Town Alcohol Policy due to the
following:
Planning Commission-March 28,2007
21 N.Santa Cruz Avenue U-07-22
Page 3
The restaurant will not have a stand alone or separate bar.
The restaurant is not open after 10 PM.
The Conditional Use Permit includes conditions of approval recommended by the Police
Department for the service of alcohol.
•Alcohol will only be served with meals.
Service of alcohol in approved existing outdoor seating areas is separated from public
areas with a physical area.
The applicant is requesting an amendment to the previously approved conditions of approval
that requires the restaurant to close by 9 pm.seven days a week.The applicant would like to
remain open until 10 pm.There have not been complaints regarding the restaurant and
remaining open until 10 pm.should not result in impacts to the community.
C.RECOMMENDATION:
Pursuant to the Town's Alcohol Policy,this matter will be forwarded to the Town Council
for final consideration.The Commission should forward this application to the Council with
the following recommendation:
1.Approval of the request to modify Conditional Use Permit to include full service alcohol
sales with the Findings included as Exhibit A;or
2.If the Commission has concerns with the application,it can:
a.Recommend approval of the application with modified conditions,or
b.Recommend denial of the application.
Prepared by:
Curtis Banks,Project Planner
N :10 EVIREPORTSl2007121 NSC.rpt I.doc
~
Approved by:
Bud N.LOliz,Director of Community
Development
cc:Ignacio Flores,Andale,21 N.Santa Cruz Avenue,Los Gatos,CA 95030
February 12,2007
Re:Andale Los Gatos
21 N.Santa Cruz Ave.
Los Gatos,CA 95030
Town of Los Gatos
Community Development Department
110 E.Main Street
Los Gatos,CA 95032
Dear Sir/Madam:
We are attempting to up grade from an on-sale beer and wine license (41)
to an on-sale general license (47).
Andale Taqueria has been at this location since 1991.Andale Taqueria
is a multiple outlet retailer.We are also located at the following
locations:
6 N.Santa Crus Ave.,Los Gatos (41-licensed)
2150 Chestnut St.,S.F.(47-licensed)
209 University Ave.,Palo Alto (47-licensed)
S.F.International Airport,3 locations (47-licensed)
Oakland International Airport (47-licensed)
865 Market St.,S.F.Westfield Center (41-licensed)
We are a community oriented retailer who participate,contribute,and
sponsor local schools and community activities.
Since 1991,we have had numerous request from our customers for tequila
drinks which is a perfect compliment to Mexican cuisine.In order to
accomodate our clientele,we applied for a 47-license.We are not
planning to install a bar at the restaurant.
In order to achieve uniformity,we are attempting to have most of our
restaurants 47-licensed.Whether you dine at Andale at the airport
or at Andale in Los Gatos,our clientele could enjoy a tequila drink
with their meals.
Thank you for your consideration in this matter.
Sincerely,
d:9~~d~acio Flo;es
ATTACHMENT 6
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
1.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.Thispolicy provides parameters for alcoholic beverage service,particularly
addressing late night servicewheri alcohol related incidents are most likely to occur and when ".
the disturbances to Town residents is least tolerable,
The service of alcoholic beverages,with or without meals,past 10 PM isa discretionary
.privilege to be determined on a case by case basis.The following provisions are intended to
balance the protection ofresidential neighborhoods in close proximity to commercial districts
and still maintain the viability ofour commercial centers in whichrestaurants have an essential
role.Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or ~chools,the concentration of establishments in an area serving.
alcoholic beverages or for otner 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:
IT.General policy
1.The Town shall continue to strongly discourage new applications for standalone bars
or restaurants with separate bars.
2.The Town shall continue to discourage a.pplicationsfor entertaimnent establishments
serving alcoholic beverages.
3.Entertainment in association with.an eating or .drinking establishment maybe allowed
if standards and a permit process arp adopted.
4.Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use permit shall not be allowed:
A After 11 PM Sunday through Thursday,except for holidays and evenings
before holidays.
B.After 1 AM Friday,Saturday,·holidaysor evenings before holidays.
An existing establishment with a conditional use 'pe~mit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
ATTACHMENT 7
Town ojLos Gatos
Alcoholic Beverage Policy
Page 20j4
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 ofPolice if alcohol related problems recur that are
'not resolved by the licensed owner.
B.At the discretion of the Chief of Police,periodic meetings will be conducted
with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general·public ..
C.All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D.All licensed operators shall have and shall actively promote a designated
driverprogramsuch as complimentary non-alcoho1icbeverages for designated
drivers..
E.Taxicab telephone numbers shall be posted in a visible location.
6.The deciding body shall makethe following£ndings prior toapproving.anapplication
for conditiomil use pennit to serve alcoholic beverages past 10PM:
A.Late night service win not adversely iInpact adjacent residential
.neighborhoods.
B.The applicant does not have a history ofcomplaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
,-<-'".-'
C.The applicant has demonstrated a clear benefit to th.e 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 of4
III.Specific Policy
1.Restaurants:
Alcoholic beverages may only be served with meals.
2.Restaurants With Separate Bars:
Alcoholic beverage s.ervice is permitted in the dining area only in conjunction with
meal service.Meal service shall be available until dosing qr n PM Sunday through
Thursday and until 12 midnight Friday,Saturday,holidays and evenings before
holidays,whichever is earlier,iflate night bar service is available.Specific hours of
operation for each establislnnent 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 ora change to existing serVice shall be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have fin~.review authority.
2.Changes in ownership for businesses involving service ofalcoholic beverages shall be
reviewed by the'Community Development Department.The following process will
be followed:
a.The Director of Community Developmentsha11 contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b.One year following issuance of a business license,surrcmndinglimpacted
property owners shall be :notified and any comments regarding the operation
of the business shall be solicited.
c.If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood,the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town ojLos Gatos
Alcoholic Beverage Policy
Page 40f4
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 pursuantto Section 29.20.310 of the Zoning
Ordinance..
e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use pennit if it finds that
sufficient grounds exist.
IV.Enforcement
AIl conditional'use permits issued to establishments for alcoholic beverage service on-site
shall be subj ect to Section 29.3 0.31 O(b )of the Town Code authorizing the Town Manager
to take enforcement aetio~1£it is determined that the sale of alcohoL has become a nuisanee
to the Town's public health,safety or welfare.Enforcement of section 29 .20.3 10 (b)ofthe
To'WIl 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 whieh thatare
a direct result of patrons actions;
n.The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
./
ill..The number of arrests for alcoho~drqg,disturbing the peace,fighting and public
nuisance violations associated with an establishment;
IV.The number and kinds of cOlIl,plaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V.Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development.The Town retains
the right of review and approval (or denial)of each project based on its merits.
N:\DEV\5UZ.ANNElCouncil\l\lcolwl Policy\2001 alcohol policy.wpd
RESTAURANTSLOCATEDINZONE:C~
No.Dir Street APN Name of Business
Restaurants with Full Alcohol
1 208 Bachman Ave 51014050 C.B.Hanneaan's
2 160 W Main Street 52903020 Valeriano's Italian Restaurant
3 8 N Santa Cruz Ave 52803046 Carry Nation's
4 15 1/2 N Santa Cruz Ave 51044077 180 Restaurant &Lounqe
5 206 N Santa Cruz Ave 52904089 Forbes Mill Steakhouse
6 316 N Santa Cruz Ave 52904090 Pedro's
7 20 S Santa Cruz Ave 51045075 Willow Street Pizza
8 140 S Santa Cruz Ave 51045065 Toll House
9 115 N Santa Cruz Ave 51017065 Chart House Restaurant
10 354 N Santa Cruz Ave 52904091 Los Gatos Double D's Sports Grille
11 31 University Ave 52902044 Steamer's Grillhouse
12 50 University Ave 52902044 California Cafe Bar &Grill
13 50 University Ave 52902044 Wine Cellar Restaurant
14 368 Villaae Lane 52904053 Cafe Marcella Wine Bar &Restaurant
Restaurants with Beer and Wine Only
1 165 Los Gatos-Saratooa Ave 52904083 Baker's Square
2 235 Los Gatos-Saratoqa Ave 51014074 Diner of Los Gatos
3 25 E Main Street 52928036 I Gatti
5 29 E Main Street 52928036 2wentY-9ine East Main Cafe
6 49 E Main Street 52928032 Pasta ria and Market
7 101 W Main Street 52901025 Los Gatos Roastinq Company
8 6 N Santa Cruz Ave 52803047 Andale
9 9 N Santa Cruz Ave 51044077 Pizza My Heart
10 19 N Santa Cruz Ave 51044068 Great Bear Coffee
11 21 N Santa Cruz Ave 51044036 Andale
12 27 N Santa Cruz Ave 51044033 Vittoria Ristorante
13 47 N Santa Cruz Ave 51044030 Gilley's Coffee Shop
14 51 N Santa Cruz Ave 51044030 Gardino's Ristorante Italino
15 57 N Santa Cruz Ave 51044030 Round Table Pizza
16 130 N Santa Cruz Ave 52903044 Los Gatos Brewinq Company
17 133 N Santa Cruz Ave 51017062 Tandoori Oven
18 135 N Santa Cruz Ave 51017062 Kamakura Restaurant
19 137 N Santa Cruz Ave 51017061 The Green Papaya
20 217 N Santa Cruz Ave 51017091 Shish Kebab
21 303 N Santa Cruz Ave 51014048 James Randall Restaurant
22 330 N Santa Cruz Ave 52904040 Transilvania European Restaurant
23 336 N Santa Cruz Ave 52904041 Sushi Yokohama
24 337 N Santa Cruz Ave 51014011 Thai Spice of Los Gatos
25 20 S Santa Cruz Ave 51045075 Jasmine Restaurant
26 320 Villaqe Lane 52904048 Manresa Restaurant
Restaurants That Do Not Serve Alcohol
1 26 E Main Street 52929052 Cafe Sienna
2 27 E Main Street 52928036 Southern Kitchen
3 111 E Main Street 52928006 Cafe de Flore
4 81 W Main Street 52901025 Blendz
5 125 W Main Street 52901007 Posh Baqels
6 145 W Main Street 52901007 Le Boulanqer
7 13 N Santa Cruz Ave 51044077 TCBY/Mrs.Fields
8 35 N Santa Cruz Ave 51044032 Powell's Sweet Shoppe
9 39 N Santa Cruz Ave 51044032 Fleur de Cocoa
10 114 N Santa Cruz Ave 52803063 Sushi on the Run
11 151 N Santa Cruz Ave 51017060 Maki Yaki
12 221 N Santa Cruz Ave 51017091 Dolce Spazio
13 340 N Santa Cruz Ave 52904042 Los Gatos Cafe
14 20 S Santa Cruz Ave 51045075 Cold Stone Cremerv
15 20 S Santa Cruz Ave 51045075 Main Street Burqers
Source:CA Department of Alcoholic Beverage Control
ATTACHMENT 8
Restaurants that serve alcohol
Restaurants that do not serve alcohol
Town of Los Gatos
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C-2 Zoning District EXHIBIT F
DEFINITION OF RESTAURANTS
Restaurant means a retail food service establishment in which food or beverage is
prepared,served and sold to customers for on-site or take-out consumption.
Restaurant,drive-in means a restaurant where food or beverages are sold to be
eaten in vehicles whether on or off the premises or are delivered directly to the occupants
of vehicles.
Restaurant,.fclstfood means a restaurant with a large carry-out clientele,long
hours of service,some open for breakfast but all open for lunch and dinner,and high
turnover rates for eat-in customers.
Restaurant,high turnover (sit-down)means a restaurant with turnover rates
generally of less than one (1)hour,is usually moderately prices and frequently belong to
a restaurant chain,generally service breakfast,lunch and dinner,and are sometimes open
twenty-four (24)hours a day.
Restaurant (minor)means any restaurant that satisfies the following criteria:
(1)Provides less than 25 seats;
(2)Serves no alcoholic beverages;
(3)Proposes no significant exterior changes that would alter the architectural
character of the building;and
(4)Provides a net increase ofless than five peak hour traffic trips.
Restaurant,quality means a restaurant of high quality and with turnover rates
usually of at least one (1)hour or longer,generally do not serve breakfast,may not serve
lunch,but always serve dinner.
ATTACHMENT 9
EXAMPLES OF QUALITY
AND HIGH TURNOVER RESTAURANTS
Quality
Forbes Mill Steakhouse
Steamer's Grillhouse
Cafe Marcella Wine Bar and Restaurant
I Gatti
High Turnover (sit-down)
Willow Street Pizza
Los Gatos Double D's Sports Grille
Bakers Square
Andale
ATTACHMENT 10
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