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07 Staff Report - 330 North Santa Cruz AvenueCOUNCIL AGENDA REPORT MEETING DATE:10/6/08 lTEMNO. DATE: TO: FROM: SUBJECT: September 26,2008 MAYOR AND TOWN COUNCIL GREG LARSON,TOWN MANAGER ~;;<!-- CONSIDER A REQUEST FOR APPROVAL TO MODIFY AN EXISTfNG CONDITIONAL USE PERMIT TO ALLOW FULL LIQUOR SERVICE WITH MODIFIED HOURS OF OPERATION.PROPERTY LOCATION:330 NORTH SANTA CRUZ A VENUE.FILE#U-08-0 I O.PROPERTY OWNER: MELDIMAR LLC;APPLICANT:M.S.D.RESTAURANT CO.LLC. RECOMMENDATION: I.Open and hold the public hearing and receive public testimony. 2.Close the public hearing. 3.Make the required findings (Attachment 1)and approve the modification to the Conditional Use Pennit application U-08-0 I0 subject to conditions (Attachment 2)(motion required). 4.Refer to the Town Attorney for the preparation of the appropriate resolution (no motion required). BACKGROUND: The subject site is located on the east side of North Santa Cruz Avenue approximately 100 ft north of Petticoat Lane,and directly across from Almendra Avenue.The space was previously occupied by Transylvania restaurant.The current Conditional Use Pennit (CUP)was approved by Town Council on September 2,2003.The Use Permit established operating hours from 10:00 AM until 10:00 PM daily.It also allowed alcohol service (beer and wine)in the small outdoor patio area at the front of the restaurant. On September 10,2008,the Planning Commission considered the subject application and voted 3-2 to recommend approval of the proposed modifications to the existing CUP with conditions. PREPARED BY: Continued on Page 2 ~ Bud N.Lortz,Director of Community Development Reviewed by:]S;X:Assistant Town Manager ITown Attorney __Clerk Finance ~Comnlllllity Developnlent Revised:9/26/08 l:lt p~., Reformatted:5/30/02 PAGE 2 MA YOR AND TOWN COUNCIL SUBJECT:CUP MODIFICATION FOR 330 NO.SANTA CRUZ AVE,FILE #U-08-010 September 26,2008 DISCUSSION Project Summary: The applicant is requesting approval to modify the existing CUP to allow full liquor service.The applicant is also requesting to extend the hours of operation to II :00 PM Sunday thru Thursday and until I :00 AM on Friday and Saturday. Alcohol Policy: The Town's Alcohol Policy requires any change in the service of alcoholic beverages to be approved by the Town Council.The Council reviews CUP requests for a change in alcohol service on a case- by-case basis to ensure that the request is appropriate for the specific restaurant and its location. The Alcohol Policy requires specific findings to be made for service of alcohol past 10:00 PM,as follows: 6.The deciding body shall make thefollowingfindings prior to approving an application for conditional lise permit to serve alcoholic beverages past 10PM: A.Late night service willllot adversely impact adjacent residential neighborhoods. While there are no immediately adjacent residential prope11ies,Staffhas received a letter of opposition to the additional hours from the residents along Almendra Avenue (Attachment 5 Exhibit 10). B.The applical1l does 1I0t have a histoly ofcomplaillts and non-compliance with local ordinances or the A Icoholic Beverage Policy. Neither the subject property nor the applicant has a history of complaints or non- compliance. C The applicant has demonstrated a clear bene(itto the commllnity. The applicant believes he demonstrates a community benefit by offering a late night restaurant option within the downtown. The applicant's existing CUP allows the restaurant to stay open until 10:00 PM.The above findings must be made to allow alcohol service beyond the hours of 10:00 PM as the applicant is requesting. Several restaurants in the immediate vicinity are cUITently permitted to serve alcohol beyond 10:00 PM (Attachment 6). PAGE 3 MA YOR AND TOWN COUNCIL SUBJECT:CUP MODIFICATION FOR 330 NO.SANTA CRUZ AYE,FILE #U-08-0 I0 September 26,2008 PLANNING COMMISSION ACTION The Planning Commission voted 3-2 to recommend approval of the request with a modification to the hours requested by the applicant.The Commissioners had some reservations about the service of alcohol past 10:00 PM,but were able to make the findings that the applicant is demonstrating a community benefit,and that cunent neighborhood conditions will not be negatively effected by the modifications.The Commissioners included or modified the following conditions in the motion: Hours of operation shall be limited to:lOAM to II PM Sunday thm Thursday and lOAM to 12 AM Friday and Saturday,with alcohol service ending one hour before closing. The kitchen shall remain open until the restaurant closes. The applicant shall meet with neighbors at least twice a year for the first year of operation,and as necessary thereafter.Findings shall be presented to the Planning Commission as appropriate. Outdoor speaker usage shall be limited to the hours before 9 PM daily. Attachment 3 is a verbatim transcript of the Commission's discussion. FISCAL IMPACT:None CONCLUSION: If the Council decides to approve the modifications to the CUP,it should make the required findings specified in Attachment I,and approve the application,subject to the conditions in Attachment 2. Attachments: I.Required Findings &Considerations (one page) 2.Recommended Conditions of Approval (two pages) 3.September 10,2008 verbatim Planning Commission Minutes 4.August 27,2008 Rep0I1 to the Planning Commission 5.September 10,2008 Rep0I1 to the Planning Commission 6.Restaurant closing hours chart (one page) Distribution: M.S.D.Restaurant Co.LLC,330 North Santa Cruz Avenue,Los Gatos,CA 95030 Meldimar LLC,140 I M3I1in Ave,Santa Clara,Ca 95050 BNLMM ~:DEV CNCLRI'TS 2008 .330 NSC-Te RPTt DOC REQUIRED FINDINGS FOR 330 North Santa Cruz Avcnuc Conditional Usc Pcrmit U-08-01O Rcqucsting approval to modify a conditional usc pcrmit to allow full liquor scrvicc with modificd hours of opcration on a propcrty zoncd C-2.APN:529-0-1-053 PROPERTY OWNER:Mcldimar LLC APPLICANT:M.S.\).Rcstauraut Co.LLC •As required by Section 29.20.190 of the Town Code lor granting a Conditional Usc Permit. The dcciding body.on the basis of the evidence submittcd at the hcaring.may grant a conditional lise pcrmit whcn speci fically authorized by the provisions of the Town Codc i I'it finds that: (I)The proposed uses of the property arc csscntial or dcsirablc to the public convenience or wei fare;and (2)The proposeduscs will not impair the integrity and character of the zone:and (3)The proposed uses would not be detrimental to public health.safety or gcncral wclfarc: and (4)The proposcduscs of the property arc in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. •I\S required by Chapter 11 Section 6 of the Town Alcohol Policy lor granting alcohol service bcyondthe hours of 10 pm. The deciding body shall makc the lollowing lindings prior to appro\-ing an application lor a Conditional Use Pcrmit to scrvc alcoholic bcvcragcs past 10PM: 1\.l.ate night scrvicc ",ill not advcrscly impact adjaccnt rcsidcntialncighborhoods. 13.The applicant does not havc a history of complaints and non-compliancc with local ordinances or thc Alcoholic Bcvcragc Policy. C.Thc applicant has demonstrated a clear bcncfit to thc community. •That thc work proposed is consistcnt with thc Redcvelopment Plan for the Central Los Gatos RedevelopmcntProject Area (Section IV.B). •As required by Scction 15301 of the State Environmcntal Guidclincs as adopted by thc Town that this projcct is Catcgorically Excmpt. N:\DEV\FtNDINGS\330 NSC.\\'pd AITACHMENT 1 330 North Santa Cruz /U-08-0 I0 October 6.2008 RECOMMENDED CONDITIONS OF APPROVAL FOR: 330 North Santa Cruz Avcnuc Conditional Usc Pcrmit lJ-08-0 10 Rcqucsting approval to modify a conditional usc pcrmit to allow full liquor scrvicc with modilicd hours of opcration on a propcrty zoncd C-2.APN:52'l-O.t-053 PROPERTY OWNER:Mcldimar LLC APPLICANT:M.S.)).Rcstaurant Co.LLC TO II [E S/\IISI/\CIIO",01:1111·:PI./\NN[NG DIRI:CIOR: (Planning Section) I./\PPROV/\I.:This application sha[1 be complclCd in accordancc \\ith all olthc conditions of approval listcd below and in substalllial compliance \\'ith the plans approved and notcd as rcceived by thc Town on .lunc 23.2008.Any changes or modilications to thc approved plans and/or business operation shall be approvcd by the Community Development Director or the Planning Commission. depending on the scope of the changes. 2.L::XPIRAIION OF APPROVAL:The Conditional Use Permit will expire two years from the date of approval unless it is used before expiration.Section 29.20.335 delines what constitutes the use of an approval granted under the Zoning Ordinance. 3.IIOURS OF OPERJ\IION:I-lours of operation shall not excced 10:0()am to II :()O pm Sunday thm Thursday'and 10:00 am to 12:00 am Friday and Saturda~·. -l.SI-:l\IING./\maximum of thirt\,tl\"O (32)scats arc allo\\ed inelusil'c of indoor and olltdoor dining areas.1\maximum or eight scats may be placed in the olltdoor dining area. ).OUIDOOI{DINING /\RI:i\.Ihe outdoor dining area shall be maintained and kept liller frec. 6.OUTDOOR DINING Il/\RRII:R.Ihe barrier around the outdoor dining area shall remain.to provide clear delineation of the cating arca.and to provide adequate separation li'OI11 the adjacent public areas.The final design of\he barrier shall be approved bv the Director of Communitv Development.Consulting Architect and the Police Chicr.prior to issuance 01 any building pcrmits. 7.ALCOIIOI.SERVICE:The service of alcoholic bc\wages is permitted onlv \\'ith meals.A meal is dclincd as a combination of load items selectcd from a mcnu (break last.brunch.lunch.or dinner).Appctizcrs such as popcorn.nachos. pretzels.potato skins.relish trays.etc.(hot or cold)are not meals.Alcohol service shall end one hour before closing. 8.KITCIIEN 1I0URS:The kitchen shall remain open until the restaurant closes. 9.OUTDOOR SPEAKERS:The use of the outdoor speakers shall be limited to the hours before 'l:Il(J pm dail\'. ATTACHMENT 2 330 North Santa Cruz I l;-OX-O I0 Oetober 6.2008 10.TAKE OUT.Take out food shall be served in reeycledmaterial contain~rs. 11.UTENSILS.All beverages and food served on site shall be served on reusable materials. 12 LI V E ENTERTA IN M ENT.No live entertainment shall be provided unless the applicant receives future approval of live entertainment. 13.NEIGHBORHOOD MEETINGS:The applicant shall meet with the neighbors at least twice a year for the first year,and as necessary thereafter to addn.'ss any concerns that may arise. l-t,ONE YEAR REVIEW,Town stat'fshall review the Conditional Usc Permit within one year from approval to determine if t111're arc any problems associated with the Permit and report their findings to the Planning Commission.The Planning:Commission may direct that a public hearing:be held to review the permit as specified in Section 29,2ll.31 0 of the Town Code, 15.LAPSE I'OR DISCONTINUANCE lI'the activity l'or which the Conditional Use Permit has been granted is discontinued for a period of one (1)year.the approval lapses pursuant to Scction 29.20.3-10 ol'the Laning Ordinance. 16.TOWN INI)LMNITY I\pplicants arc notilied that Town Code Section 110.115 requires that an"applieallt who receil'es a permit or cntillemcnl from thc Town shall delCnd.indemnil\·.and hold harmless the Town and its onicials in an" action brought by a third partv 10 ovcrturn.set aside.or I'oid the permit or entitlemcnt.This requirement is a condition of approl'<Ii of all such p~rmits and cntitlements whethcr or not expressly set l'orth in the approval. TO THE SATISFACTION OF TilE CHIEF OF POLICE: 17.UNIFORMED SECURIT'Y:Unil'ormcd privately provided security guards may bc required in or around the prcmises by the Chief of Police ifalcohol related problems recur that are not resolved by the licensed owner. 18.CONSULTATION AND TRAINING:I\t the discretion of the Chief of Police. periodic meetings will be conducted with representatives from the Poliec Department for on-going employee training 011 alcoholic beverage service to the gencral public. 19.TRAINING M/\NU/\L'The restaurant op~rator shall use an cmplov~c training manual that addresses alcoholic beverage service eonsistcllt \\'ith thc standards of the Calil'ornia Restaurant I\ssocimion. 20.DLSIGNATLD DRIVER PI{OGR/\M:Thc rcstaurant operator shall actilclv promotc a dcsignated driver program such as complimentary non-alcoholic beverages for designated drivers. 21 POSTING 01:TAXICAB TELEPHONE NUMBERS:Taxicab telephonc numbers shall be post cd in a visible location. N DEV CONDITi':S 20lJS 330 NSC dIll' Scpt t 7,2008 Los Gatos Planning Commissionets: A P PEA RAN C E $: Michael Kane,Chair Tom O'Donnell,Vice-chair John Bourgeois Marcia Jensen Phil Micciche Joanne Talesfore 2 CHAIR KANE:We go continued public hearings and we have one.Now Commissioners.as you know I'm a candidate for Town Council,and this item'S Applicant and the Applicant's family have been and/or will be very involved 10 11 Director of Comnunity Development; Assistant Director of Community Development: Town Attorney: Transcribed by: Bud Lortz Randy Tsuda Orry Kerb vicki L.Blandin (510)337-1558 in my campaign.I've discussed the matter with the Town Attorney and based on that discussion I feel it is 8 appropriate to recuse myself from this application.The Vice-chair was notified and will take over and I will 10 return with the discussion is concluded. 11 12 12 COMMISSIONER O'DONNELL:Okay,we have the one 13 14 15 16 17 continued public hearing,which is Item u.It relates to 13 "330 North Santa Cruz Avenue.It relates to a conditional 15 use permit requesting approval to modify that conditional 16 use permit to allow full liquor service with modified hours 17 of operation.The property is zoned C-2.The property owner 18 19 20 18 19 20 is Meldimar,LLC.The Applicant is Richard Cole and M.S.D. Restaurant Co.,LLC.The item is continued from August 27 c11 , 2008.Ms.Baily,do we have a report? I "" 21 22 23 " 2S PRO C E E DIN G $; LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1.330 N.Santa Cruz Avenue 1 21 we do.Mosley will beSANDYBAILY:Yes,Ms. 22 giving that. 23 MARNI MOSELEY:Thank you,Commissioner "O'Donnell.As Commissioner O'Donnell previously stated, 2S LOS GATOS PLANNING COMMISSION 9/10/2008 Item Ul,330 N.Santa Cruz Avenue 2 3 5 6 10 this application was continued from the Planning C~nmission meeting of August 27,2008 due to a lack of time in that meeting.The Applicant has taken over an existing restaurant space previously occupied by Transylvania and is proposing to modify the conditional use permit.The property is located on the east side of North Santa Avenue in the C-2 central business district just opposite Almendra Avenue. The Applicant is seeking to increase the hours of 5 7 , 10 been made aware of any neighbor concerns until the Planning Commission meeting of August 27~h;at that meeting a letter of opposition was submitted to Staff by neighbors on Almendra Avenue.This letter is included as Exhibit MIO in the Staff Report you received this week.Staff has not received any additional comments from either the Applicant or the neighbors since that meeting. This concludes Staff's report and we are here if you have any questions. 11 operation to include 10:00am until II:OOpm Sunday through 11 COMMISSIONER O'DONNELL:Commissioners,do you 12 13 l' 15 16 Thursday and 10=00am until 1:00am on Friday and Saturday. They are also looking to modify their liquor license to include full liquor service.The application does not propose to increase or modify the seating or existing restaurant space.Due to the type of modifications being 12 13 l' 15 16 have any questions?Commissioner Micciche. COMMISSIONER MICCICHE:The recommended Conditions of Approval,Exhibit M3,I just noticed it this evening or I would have called you,but Item M3 indicates hours of 10:00am to lO:OOpm.Isn't that what's being modified? 17 proposed,the application is to be reviewed by the Planning 17 MARNI MOSELEY:Hold on one second while I locate l' " 20 21 22 " 24 Commission for recommendation to the Town Council.The Applicant's request for additional hours beyond 10:00pm requires the deciding body to make the additional findings under Section 6 of the Town Alcohol policy included in the original Staff Report as Exhibit M7. The Applicant has been instructed to speak with 18 " 20 21 22 " 24 the conditions.The conditions that were included in the Staff Report are such as the Town Code states under the Alcohol Policy.If you can make the findings to allow them to go beyond the lO:OOpm,then YOU'll need to change those. COMMISSIONER MICCICHE:If theY're modified under the condition.Thank you. 25 the neighbors.From the time of application Staff had not 25 COMMISSIONER O'DONNELL:Commissioner Bourgeois. LOS GATOS PLANNING COMMISSION 9/10/2008 Item MI,330 N.Santa Cruz Avenue 3 LOS GATOS PLANNING COMMISSION 9/10/2008 Item MI,330 N.Santa Cruz Avenue 4 CQMMISSIONSR BOURGEOIS:Thank you.Do we know if there are any other businesses in the vicinity that have similar hou::'s open to 1:00am.like Double D's or C8 r~RNI MOSELEY:The speakers would be regulated through our noise ordinance,so it would be subject to the decibel requirements,and if there is a complaint regarding , 10 11 Hannigan's? MARNI MOSELEY;We circulated a similar...I think we did when Cio-Cin went through.Do you want to pass that around?We have Los Gatos Bar &Grill is open till 1:00. Los Gatos Brewing Company is open cill 1:00.cin-cio is open till midnight.The Tai-Rifie is open till midnight, and Dio Deka is open till midnight,and Steamers and , 10 11 the noise levels the police would go out and take their noise meters and determine whether or not the noise exceeded the requirements. COMMISSIONER TALESFORE:Okay,thank you for now. COMMISSIONER O'DONNELL:I have a question on that answer actually.Does that mean then that we could not condition outside speakers? 12 13 California cafe is open till 2:00am.One note to make on those is that I think all except for Cin-Cio were approved 12 13 MARNI MOSELEY: be removed. No,you could condition that they 14 Iprior to the Alcohol policy going into affect.14 COMMISSIONER O'DONNELL:Okay,thank you.Any 15 COMMISSIONER BOURGEOIS:That was my next 15 lather questions?Seeing none,I will now open the public 16 Iquestion.Thank you.16 I hearing.The Applicant will have five minutes to speak. 17 18 19 COY~ISSIONER O'DONNELL: Yes,Commissioner Talesfore. COr~ISSIONER TALESFORE: Any other questions? I have a question about 17 18 19 After that,public members who have hopefully given us a card that they want to speak will be asked to speak.Then when they have spoken the Applicant will have up to three 20 21 22 23 24 25 sound systems in restaurants.When I did visit the site I noticed that there were speakers mounted on the outside of the restaurant and I'm must wondering do we have something that guides us with outdoor speakers with music,or what's going on with that? LOS GATOS PLANNING COMMISSION 9/10/2008 Item ~l,330 N.Santa Cruz Avenue 5 20 21 22 23 24 25 minutes to respond,and then if there are no questions from the Commissioner we will close the public hearing and decide what to do.So I would ask the Applicant to come forward and make his presentation. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 6 2 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GREG KAYS:Good evening,my name is Greg Kays, K-A-Y-S.I did fill out a card and submitted it:hopefully it made it up there.I apologize on behalf of Mr.Cole; he'S ill and could not be here tonight,so I am here in his stead for the Applicant. I would just like to kind of brief you on where the Applicant is today.The Applicant did open for business on Monday and theY're in operation right now.It'S a lovely looking restaurant and I think it's a great addition to North Santa Cruz.Your concern though is what does this offer in terms of why the later hours,and I want to go right there,because that is I think the key issue tonight. This is a restaurant and what it brings to Los Gatos is the late-night dining experience,the late-night dining availability,which is not really currently available.I think Cin-Cin,which has come in on village Lane behind this restaurant,is offering that,and this business,which is known as Chicago Steak and Fish,wants to also offer that late-night dining experience which Los Gatos residents I don't think have a very good choice on right now. It is a restaurant;I want to emphasize that. I've seen the letter of protest that was submitted.This is s, 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not a bar;it is a restaurant.The owners are quite familiar with Lhe requirements that food be served with alcoholic beverages,and food not being an appetizer,food being a meal.This is a family that has operated Gardino's restaurant for years in Los Gatos.This is the sister and she has now opened this restaurant and wants to move forward with the hours as specified to 11:00 o'clock Sunday through Thursday and until 1:00 o'clock on Fridays and Saturdays.They also want to upgrade their license from a beer and wine to a full liquor license. I don't know if any of you have visited the site or are familiar with the site,but if you actually go into the restaurant you will see that there is no separate bar. It is not set up that way:it is set up like a restaurant. There is outdoor seating and there was a mention of speakers.There are two speakers above the outdoor area. The function of those speakers is to provide low-level background music:that's all it is.I would be surprised if someone could hear those speakers on the other side of North Santa Cruz Avenue.The function of this restaurant is to provide a dining establishment where people can have nice food and nice conversation.The function is not to drown out conversation with music,and so these speakers,I LOS GATOS PLANNING COMMISSION 9/10/2008 Item HI,330 N.Santa Cruz Avenue 7 LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 8 , didn't measure chem,but theY're not very large.and again, that function is [or background music in Lhe outdoor area. I[you have any questions of me I'm happy to address those.Yes? COMMISSIONER O'DONNELL:Yes,please go ahead. COMMISSIONER JENSEN:Mr.Kays,I was curious about twO things:One is if you're open until 1:00 o'clock, is your kitchen actually going to be open and serving meals GREG KAYS:\'Jell,in discussions with the owners, I think there's an expectation thaL people who have gone to events in downtown San Jose,perhaps a Sharks game,perhaps a concert,who have maybe not been able to have dinner and 5 maybe have gone from work or gone from something else and caught that Sharks game,or caught that concert,or caught that event in some other locale,have not had a chance to have dinner,and now theY're returning homo,and maybe they 10 11 until,I don't know,12:~5,regardless of whether there'S somebody in your restaurant eating? 10 11 don't get back to Los Gatos until sometime after midnight. If they want to stop in for a meal,theY're there to serve 12 GREG KAYS:Absolutely.12 them,and if they're not going to have a meal,theY're not 13 COMMISSIONER JENSEN:Having had the experience 13 going to be served alcohol. l'lof saying yay,I can get dinner at 10:00,and going to 15 lanother restaurant you mentioned that'S open till 11:00 and 14 15 COMMISSIONER JENSEN:Okay,thank you. COMMISSIONER O'DONNELL:Any other questions? 16 lbeing told our kitchen is closed,because nobody is 16 lcommissioner Bourgeois. 11 Icooking,I thought well okay.So are you prepared to commit 17 COMMISSIONER BOURGEOIS:Thank you,and I 18 l' that your kitchen will be open and serving full meals until 1:00 o'clock in the morning? 18 l' appreciate your comments and cutting right to the chase.I mean you're obviously familiar with the fact that for this 20 GREG KAYS:Yes. 20 body to make a recommendation for extending the hours we 21 22 23 " " COMMISSIONER JENSEN:And if so,who do you anticipate is going to be coming and eating at 1:00 o'clock in the morning? LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 9 21 22 23 " " have to make certain findings,and you touched on two of those findings that I think you understand are going to be of concern.One is that there has to be a clear community benefit,and so what I'm hearing you say is that filling LOS GATOS PLANNING COMMISSION 9/10/2008 Item Hl,330 N.Santa Cruz Avenue 10 that niche is your community benefit,and secondly,we have to make the finding that it will not adversely impact adjacent residential neighborhoods. My concern is that when I see the setup of how you're set up,you have those doors that completely open the restaurant up to your outer seating area;I'm assuming 7 in nice weather you can open that whole thing up,so at 1:00am you're facing right out to a residential street,so at 5:00,so I don't know exactly how far up the noise from just the restaurant will carry,but I mean you've got an awful lot of traffic there on North Santa Cruz Avenue whether it's 10:00 o'clock,11:00 o'clock,12:00 o'clock or 1:00 o'clock.So again,if you're talking about the residential street being Almendra,then I do understand that. 8 COMMISSIONER O'DONNELL:I have a question.You 9 I would hope that you will listen to the public testimony 10 10 said there is no bar in the setup.I did go look at the 11 12 13 14 we hear and come back and help us understand why you think you will not adversely affect the neighbors.So I'm not necessarily looking for a response,but I just want to make it clear that's definitely a finding we need to make. 11 12 13 14 property,and maybe I misunderstood what appeared to be a bar,you can call it a counter,but it had as I recall high seats in front of this whatever you want to call it,it looked like a bar to me,and I'm not criticizing that, 15 GREG KAYS:Could I get a clarification on your 15 Iyou're not serving hard alcohol at the moment.But do you 16 Icomment?16 Inot consider that...If you're going to serve a mixed drink 17 COMMISSIONER BOURGEOIS:Sure.17 or something,wouldn't you serve it at that location? 18 19 20 21 22 23 24 25 GREG KAYS:The street that we face out onto is North Santa Cruz.Now,Almendra does T into it at that point,but the properties at the top of the T there,or whatever you want to call it,those are also commercial properties,and in attempting to speak to some of the residents on Almendra,we found that even as you go up Almendra some of those properties are businesses that close LOS GATOS PLANNING COMMISSION 9/10/2008 Item »1,330 N.Santa Cruz Avenue 11 18 19 20 21 22 23 24 25 GREG KAYS:well that'S actually a waiting area, and those stools or chairs that you speak of,I view that as a counter.and I understand what you're speaking about. I think it's three or four seats,and in my view that'S not a bar,that'S part of the waiting area.Now can someone actually sit there and have a drink?I suppose they could, but the problem with that is conceptually they need to be LOS GATOS PLANNING COMMISSION 9/10/2008 Item »1,330 N.Santa Cruz Avenue 12 ordering a meal,so we would be serving them a meal at that counter rather than letting them sit there and have a drink.Otherwise we wouldn't be in compliance. COMMISSIONER O'DONNELL:Where will the liquor be held from which you will be able to make the drinks? GREG KAYS:Well I assume it'S behind that. because that goes into the kitchen area,it would be behind the counter in that area. 7 COMMISSIONER TALESFORE;I'd like to continue along those lines,because I have another question that kind of goes with that.So if I were to come to your restaurant,let'S just do this scenario with me,and I had four people with me and my reservation wasn't ready-I'm assuming you're going to take reservations,I don't know that-but my reservation wasn't ready,would I be able to go over to this-I thought it was a bar as well-bar area and 10 COMMISSIONER O'DONNELL:What I was curious about 10 order a drink before my table was ready? 11 is if in fact you have the liquor right behind what you 11 GREG KAYS:Not unless you order food,because 12 13 call the counter,which looks like a bar to me.then the natural thing would be for somebody to sit at that counter 12 1) the conditional use permit that'S in existence requires that there be no alcoholic beverages sold without food. l~land order a drink,and perhaps order dinner,I'm not 1·'COMMISSIONER TALESFORE:Okay,that'S what I 15 16 17 18 arguing that point,but if you're intending to put the liquor immediately behind the counter,it helps the counter more to look like a bar,so I just want to be clear,is that the location of the liquor? 15 16 17 18 needed to know for now.Thank you.Can I ask another question?This is going to another area,and I know it's not what we're looking at,but an area of landscaping.Are you planning on putting any kind landscaping around the 19 GREG KAYS:That is the location of the liquor.19 patio area at all? 20 Perhaps I deal with too many people who actually have bars, 21 but when I see that I see a waiting area with a small 22 counter.Someone can sit there and wait to be seated. 23 " 25 COMMISSIONER O'DONNELL:Thank you for helping me.Yes,Commissioner Talesfore. LOS GATOS PLANNING CO~~ISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 13 20 21 22 2J " 25 GREG KAYS:The front seating area? COMMISSIONER TALESFORE:Mmm-~~,and by landscaping I mean just something to soften it,perhaps to not make it appear so hard-edged.You know,you could put LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 14 planes in a pot,low hedges,something.I'm must curious. Maybe you can think about that. GREG KAYS:Honestly I don't know,but I'm looking to one of the family here;he's nodded that they 5 are planning on doing that., COMMISSIONER TALESFORE:Okay,and then just one more.I'm sorry.• COMMISSIONER O'DONNELL:Go ahead., GREG KAYS:Thank you. COI1MISSIONER O'DONNELL:And now I'm just going to call the cards I have here.The first card I have is Susan Lee,and you'll have up to three minutes to speak. 5 SUSAN LEE:Thank you.Can you hear me? COMMISSIONER O'DONNELL:Yes,I can. 7 SUSAN LEE:Hello,my name is Susan Lee and I live at 227 Almendra Avenue.I have a petition here signed 10 COMMISSIONER TALESFORE:Just one more is I know 10 by 16 of the homes and the businesses on Almendra Avenue, 11 you have outdoors dining.will you have heaters as well? 11 that includes the businesses close to the T,who are 12 GREG KAYS:Yes.12 evidently concerned about that despite the fact that they 13 COMMISSIONER TALESFORE:Okay,and what will 13 Iclose at 5:00,perhaps because of property damage from 14 Ihappen to that furniture and the heaters at night?will IS Ithey be left out there or will they be taken in? 14 Ipeople leaving,I don't know why,but they also would like IS Ito object to the time changes.I'll summarize the petition l'GREG KAYS:After closing?16 Ilater if I have time,which I may not,because I want to 17 COMMISSIONER TALESFORE:Yes.17 add to some points that you had mentioned. 1. 19 20 21 22 23 24 2S GREG KAYS:Qh,I would assume everything would be brought in. COMMISSIONER TALESFORE:Okay,that's what I needed to know.All right,thank you. COMMISSIONER O'DONNELL:Are there other questions?Seeing none,Thank you very much.You'll have an opportunity for rebuttal. LOS GATOS PLANNING COMMISSION 9/10/2008 Item HI,330 N.Santa Cruz Avenue 15 18 l' 20 21 22 23 24 2S Nobody tried to speak to the residents until this last Saturday about their plans to open. I've lived around the world,I've lives allover the world,and never really in America have I seen people who eat that late at night.MOSt people in America in my experience tend to eat somewhat on the earlier side,unlike Latin American countries where they eat around 10:00 or LOS GATOS PLANNING COMMISSION 9/10/2008 Item MI,330 N.Santa Cruz Avenue 16 10 11 12 13 1-1 15 15 11:00,so I believe that with the extended hours chicago Fish and Steak will change from being a restaurant to being a bar.I actually have the closing times of the restaurants,which differ from the ones that you had mentioned.I actually called them,and most of the restaurants seem to close around lO;OOpm and the bars close around 2:00.I can give you the list that I made up,but I actually called them recently. With their open doors,they had an opening party last weekend,which I could hear from my house.There were people out.They were open reasonably late,I think around 10;00,but I could definitely hear them,and so my question is what parties are they going to have in the future?CB Hannigan's,the bar behind us,had a lobster festival this last weekend,and it started out many years ago they had a 2 10 11 12 13 14 15 15 believe is a bar from seeing the setup,would lower the value of our houses.I currently have to call the police several times a year for some of the other bars in the area to report noise or intoxicated customers;sometimes the police respond,sometimes they don't.My neighbors have complained about people vomiting in their front yards.The party at CB Hannigan's,we weren't even able to take our children outside on a warm weekend night,because the music was so loud,and nobody consulted us,we had no say in the matter. I understand that the current economy is poor, but I'm looking long-term.One of the questions I have for the Planning Commission is will this permission to stay open late pass to the next tenant?Just let us know.Thank you. 17 small.containable party that we were thrilled to go to,17 COMMISSIONER O'DONNELL:Thank you.Are there 18 19 20 21 22 23 24 2S and it was out of control.The music was so loud our windows were vibrating.We called the police;nobody came over,the parking was horrendous,and my question is what control do the residents have once something starts in order to dial it back?That doesn't seem to be possible. Even if they were to close their doors at 10;00 O'clock,I think that having an additional what I really do LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1.330 N.Santa Cruz Avenue 17 18 19 20 21 22 23 24 2S questions of the speaker?Thank you very much,The next speaker is Kerri Dicicco. KERRI DiCICCO:I'm Kerri DiCicco and I live at 238 Almendra and I've lived in Los Gatos since I graduated from college in the Midwest;I've lived here for 15 years and for 10 years I've lived on Almendra Avenue. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 18 , 6 One of the things that kind of made our decision to move into downtown,my husband being from downtown Palo Alto,is that it has more of a family feel.You come to downtown Los Gatos and it just looks like a very nice place. I for one am really excited that Chicago Steak bit after 11:00;there'S still no parking and it's extremely loud.My husband held the phone out for the police dispatcher and she could hear Hannigan's from our balcony.So there's no control until someone complains,and complaining because you're short-staffed on the parking people,short-staffed on the police department,we're being and Fish is coming,because every time something closes and 8 something else opens up it's like oh gosh,is it going to, be a nail salon or an art gallery?We would like a nice 10 10 ignored. So having another what looks like a bar,if you've been there you'll see that the bar/counter is the 11 12 13 14 15 16 17 1. 19 20 21 22 " 24 " place to eat.and we've been to Gardino's,we really like that place.so on the restaurant side I am excited and plan to eat there. But from living downtown for so many years,it's gotten to the point lately where it is juSt a struggle to live here.I have a two year old and a five year old.and we've had toys stolen,we've had people throwing up in our yards.Susan's had a stroller stolen.I don't think it's a restaurant's problem,but I do think a bar open that late will definitely contribute to patrons leaving intoxicated. Just this last Saturday we called the police twice.We called the police at 9:45 because we had people in town for my son's birthday,no place to park.We called again at 11:00 and no one came.We called again a little LOS GATOS PLANNING COMMISSION 9/10/2008 Item HI,330 N.Santa Cruz Avenue 19 11 12 13 14 15 16 17 1. l' 20 21 " " 24 25 biggest part of that area,that is going to lead to people drinking.Even if they're eating food theY're still going to be drinking,theY're going to be parking on our street; theY're going to be loud.We've called the police once, because there was a man beating up his girlfriend in front of our house and they had come from a bar downtown,so with that experience in mind we would really like to just keep the hours as it is with the restaurant,and welcome the restaurant. My question would be theY're going to be open two additional hours,what marketing research has been done to show-I don't think anybody eats a steak at midnight,quite frankly-but to show what additional revenue theY're going to be bringing in?Late-night dining isn't in Los Gatos LOS GATOS PLANNING COMMISSION 9/10/2008 Item HI,330 N.Santa Cruz Avenue 20 because ic doesn'L work.This is not the kind of community KERRI DiCICCO:We are about right across the where you go and eat a stead dt midnight.It doesn't 2 street (rom each other,and between my husband and lone of support,enhance or benefit the community and definitely us is always home,and didn't hear anything either. not my littlo neck o(Lhe woods,and that's why I'm here.COMMISSIONER BOURGEOIS:Thank you. 5 ,So that's my spiel if you have questions for me. COMMISSIONER O'DONNELL:Thank you.I think we 5 , Southard. COMMISSIONER O'DONNELL:The next speaker is Don have that question here.Commissioner Bourgeois. 8 DON SOUTHARD:Thank you.My name is Don COMMISSIONER BOURGEOIS:Thank you for showing up Southard,231 A1mendra Avenue.My wife and I have lived 10 tonight and giving us your input.Were you able to hear the 10 there in Los Gatos for coming up on five years now.I'm CEO II event on Saturday or whenever it was that Ms.Lee was 11 of a medical device company in Mountain view and spend the 12 talking about?12 better part of an hour commuting down to Mountain View 13 KERR!DiCICCO:I don't think it was ehis past:.13 leveryday and schlepping back so I can live in this 14 lSaturday,because alII could hear was Hannigan's,and I 14 Ibeautifu1 place.It'S a great town,wonderful people.The IS lhave walked past before ~nd I believe there's a TV in the IS Igovernance is second to none;having us be given an 16 learner.16 lopportunity to talk about this is fantastic in and of n COMMISSIONER BOURGEOIS:But whatever grand n itself.We avail ourselves of the shops and the restaurants 18 opening party or whatever they had at the restaurant,you 18 and all of the amenities,the Sunday afternoon concerts and 19 were not able to hear it (rom your home?19 the Christmas tree lighting and all this stuff that'S so restaurant on Santa Cruz and it'S a great place.and the 20 cherished here.So I think we gOt it 95%right. 21 1,like my tWO neighbors here,have concerns 22 about not the restaurant,and I have been to the other KERRI DiCICCO:I couldn't distinguish if it was that or Hannigan's,quite honestly. 22 20 COMMISSIONER BOURGEOIS:I don't know which way 23 I 23 the numbers run.Are you closer to North Santa Cruz or 21 "" 25 further away from North Santa Cruz? 25 guy who runs it is a really good guy,and I've had many LOS GATOS PLANNING COMMISSION 9/10/2008 Item HI,330 N.Santa Cruz Avenue 21 LOS GATOS PLANNING COMMISSION 9/10/2008 Item 111,330 N.Santa Cruz Avenue 22 conversations with him.The problem that I have is what my ,neighbors said,which is any night after 10:30 or 11:00 on lan y given day,people are urinating on my fence,throwing up in our yards,swearing and shouting obscenities as they walk out of the bars there,waking up us and our small 6 children in many ways,and then they get in their cars and race up and down our street. The Town is a great town and it's got a lot of MICHAEL SILVA:Thank you,Michael Silva.I'd like to speak in favor of Chicago Steak and Fish for their application to have extended hours,and as well full liquor license.I've known this family for a long,long time.As has been stated,they run Gardino's.They're a family that 6 really loves this town,they do lots of things for this town,theY're integrity is just phenomenal.I've had the opportunity to talk with them in the planning and formation things going for it.I don't think having extra alcohol 10 10 of putting this restaurant together.They've been very 11 12 13 after 10:00 o'clock helps anybody.Thank you. COMMISSIONER O'DONNELL:Are there any questions? Ms.Talesfore. 11 12 13 serious about it. In regard to the alcohol,right from the beginning,yes,the alcohol will help to boost their bottom 14 COMMISSIONER TALESFORE:My question is,your 14 Iline,their profits.It will also help revenue-wise for the 15 Ihouse,is it closer to Santa Cruz or farther?15 ITown as well.Absolutely it was hey,what kinds of problems 16 DON SOUTHARD:It's next door on the other side 16 Iwil1 we have with this?A potential problem would be you 17 lof Santa Cruz from Susan's.17 have people coming from the Black Watch,you'd have people 18 19 COMMISSIONER TALESFORE: COMMISSIONER O'DONNELL: Okay,thank you. Any other questions? 18 19 these late nights want to come over there,grab a drink, because that's what they do,they run around and hit all 20 Thank you very mUCh.The next speaker card I have is for 21 Michael Silva.That also is the last speaker card I have, 22 so if anybody else wants to speak,they should get us a 23 card. " 2S LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 23 20 21 22 23 " 2S the bars.That kind of element they don't want in this restaurant.This is a class act.They don't want that.If you're not ordering food,if you're not having dinner, you're not drinking.Don't come here;get out,that kind of thing. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 24 6 8 10 11 12 13 14 IS 16 17 18 19 20 21 22 2l " 25 There was comment about the noise,the speakers. These speakers,I was at the opening,the tasting dinner last week,and there were a lot of people there.There were 100 people there.There was no way you could hear that music whatsoever.It's background only;it's just a little complement.The doors in the front will open to various sizes,so seasonally in the summertime it might be open, because it allows the air to come in and it's kind of nice, but during fall and winter and whatnot they're going to be closing those things down a little bit,because it would just be too doggone cold;they don't want their customers to be freezing to death. As far as the bar is concerned,it's not really a bar:it's more like a service area.It would be a service bar:people are going to be sitting there eating dinner as they were last week at their tasting,so it's not really a bar.Yeah,it looks like a bar.and that's a good place to keep the stuff,but it adds to the phenomenal ambiance; people just love that thing. And there were comments about the drunks running around in the streets and things like that in reference to Hannigan'S.That'S a one time a year fundraiser thing that happens there.It's publicized for months in advance.All LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 25 5 8 10 11 12 13 1< IS 16 17 18 19 20 21 22 23 24 25 the folks in the neighborhood know about it.they're welcome to complain about it one time a year.It's been going on for so long,I think it's an emotional point at this point,trying to push this thing across.Cin-Cin was approved to have extended hours and alcohol and whatnot, and that kind of sets a precedent in my mind.These people should have the same opportunity.Thank you. COMMISSIONER O'DONNELL:Thank you very much. Let's see if we have any questions before you sit down.Any questions of Mr.Silva?Thank you again.All right,hearing no other speakers opposing this,I'll ask the Applicant to come back.You have three minutes. GREG KAYS:Thank you.I would like to kind of take up on that last point with reference to places like Hannigan'S or the Black Watch or whatever.This place is light years away from what those places are in the sense of what they're going to be serving and how they're going to be serving it.No one,absolutely no one,would be happy with what these folks experience at their homes.No one would be happy with that,but none of that,none of that, is related co Chicago Steak and Fish,and to say that Chicago Steak and Fish cannot have its application go forward and cannot have its application granted because of LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 26 circumstances that exist because of other businesses, businesses that are quite frankly bars,I don't think it'S fair to the Applicant and I don't think it's fair to paint everyone with the same brush.Simply because you serve alcohol does not mean that you're all the same,and certainly this family has demonstrated with their years of business in Los Gatos that they're not going to go the, direction of being yet another problem to the neighbors. restaurant in a new location.So with that being said,I'm wondering,because it seems to be a concern of the neighbors and we have to be sensitive to that,have you developed or thought about developing a plan to meet with the neighbors perhaps twice a year to check in with them? How's this going?Either invite them to your restaurant or ask them to have the neighbors come to a home.We have precedence of that with some other restaurants in town; 10 11 Not only do you have the firm commitment that theY've made through the planning process and it's being made tonight, 10 11 Campo di Bocce that was here a few weeks ago has agreed to do that for the same reason. 12 but you have the commitment of all those years of business 12 GREG KAYS:Well I'm certain that Chicago Steak 13 14 15 where they have been good business people in Los Gatos and have supported the Town and have not been a problem. So that would be the sum and substance of what I 13 14 15 and Fish would do that very same thing.The only thing I would say about that is that the neighbors have a lot of complaints relative to a lot of places of business other 16 Iwould like to convey to you at this point.If there are 16 I than a particular restaurant,so yes,we're happy to meet 17 ladditional comments or questions I'm happy to address them.17 with the neighbors. 18 COMMISSIONER O'DONNELL:Questions?Commissioner 18 COMMISSIONER TALESFORE:Thank you.That's fine. 19 Talesfore.19 GREG KAYS:If they think that keeping those 20 21 " 2J 24 25 COMMISSIONER TALESFORE:Thank you for explaining that.We have to look that there could be potential problems whenever we have any application for conditional use for full bar.I mean that's what we have to do.So there could be a potential here,and this is a new LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 27 20 21 " 2J 24 25 doors open is causing them noise problems,yes,my client will regularly meet with the neighbors and try to work these problems out. COMMISSIONER TALESFORE:Thank you. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 28 COMMISSIONER O'DONNELL:Other questions?Go GREG KAYS:I think that takes away from the ahead,Commissioner Micciche. COMMISSIONER MICCICHE:This counter or bar or whatever it might be,is there any reason to have seats there?It seems to me it would introduce or encourage maybe trying to order a drink [rom there.Is it primarily used as a service bar for your waiters and waitresses to come and 8 get the drinks?Where do they get the drinks to bring to the tables? 10 2 10 seating area;that takes away from the waiting area. MALE:They can eat there. GREG KAYS:And they can eat there. COMMISSIONER O'DONNELL:If you'd like to talk, you could come up. MALE:No,that'S fine. GREG KAYS:As I indicated in my first presentation,they can eat meals there.So they could 11 GREG KAYS:They would get them at that station.11 actually sit there and if they don't want to wait for a 12 COMMISSIONER MICCICHE:So it's really a service 12 table they could actually sit there and if they don't want 13 rbar that they go to?13 Ito wait for a table,they can sit there and have a meal "GREG KAYS;That is one of it's functions,but 14 I there,so it's multi-purpose.For being such a small space, 15 lit's a relatively small restaurant in that sense and it's 16 Idesigned to be part of the waiting area so people can 15 lit serves a lot of functions. 16 I COJ"l.MISSIONER MICCICHE:That'S fine.You've 17 18 19 20 actually sit there and wait for a table,so it serves many functions,it'S not just a service bar. COMMISSIONER MICCICHE:I guess what I'm asking is since it may encourage it being treated like a bar,would 17 18 19 20 answered it. COMMISSIONER O'DONNELL: you have a follow-up? COMMISSIONER TALESFORE: Commissioner Talesfore, I just wanted to follo~- 21 22 2l " 25 you consider removing those from the counter? GREG KAYS:Removing the stools? COMMISSIONER MICCICHE:Stools,yeah. LOS GATOS PLANNING COMMISSION 9/10/2008 Item ~l,330 N.Santa Cruz Avenue 29 21 22 2J " 25 up on that.I heard you say two things for this area:it'S a service area and it's a waiting area and it'S an eating area,that'S like three things. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 30 GREG KAY$:It depends on if there are tables available.It would really depend on the conditions, COMMISSIONER TALESFORE:Okay,thank you. COMMISSIONER O'DONNELL:I have one question.I'm embarrassed to admit I haven't been to Gardino'S.so I don't know,does Gardino's serve hard alcohol? case,let's go ahead and start with the discussion.Does somebody remember Michael'S order?I think that's Commission Bourgeois. COMMISSIONER BOURGEOIS:If I could ask a point of clarification first,then I'll make my comments.So we have basically two requests in front of us:one is for an GREG KAYS:No,I think they've always had just a 10 beer and wine list. COMMISSIONER O'DONNELL:So is it fair to say extension of time and the other is for the full liquor service.Are the findings the same,because I know to extend beyond 10:00pm we have to make the findings in Exhibit H7? 10 IWhere are the findings we have to make to make a 11 12 13 then this is their first experience with a bar?well.not a bar. GREG KAYS:It's not a bar. 11 12 13 recommendation,or do we have to make findings to recommend full liquor? MARNI MOSELEY:There are two findings YOU'd need 14 IS lalcohol. 16 COMMISSIONER O'DONNELL:It's not a bar.Hard GREG KAYS:In terms of serving it in a 14 Ito make,and YOU'd make the findings for the hours of 15 loperation;that's the first findings for the granting of 16 Iservice beyond 10;00,and then the full service alcohol is 17 18 l' 20 21 22 23 " " restaurant setting,to my knowledge it is. COMMISSIONER O'DONNELL:Okay,and nothing wrong with that.I was just curious,because we're talking about experience.Any other questions?If there are not.thank you very much.I will close the public hearing.I'll also ask the Commissioners to disclose who has visited the site and is there anything else that one should disclose before we discuss and make a motion?All right.That being the LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 31 17 18 19 " 21 22 23 " 2S the other part as the conditional use permit. COMMISSIONER BOURGEOIS:And where are those findings? MARNI MOSELEY:That is the first bullet,Exhibit H2 in your first report.It was for the last meeting. COMMISSIONER BOURGEOIS:Okay.I got it. COMMISSIONER O'DONNELL:Do you have a follow-up question? LOS GATOS PLANNING COMMISSION 9/10/2008 Item 'I,330 N.Santa Cruz Avenue 32 COMMISSIO~ER BOURGEOIS:No,I'm ready to make my conunents now. COMMISSIONER O'DONNELL:Okay.go ahead. COMMISSIONER BOURGEOIS:I think this applicant is beyond reproach.I mean Gardino's is a fantastic place, well respected;these are upstanding,great members of the community. But what we have to look at is this is a conditional use permit that'S going to go with the 10 was a little bit bigger crowd than is going to be on a normal weekend,I don't know,but with the evidence I have in front of me I can't make the findings to say that it will not affect the neighbors,and that'S what we're bound to make,and so what we're making to Council is just a recommendation,they make the final decision,and so my 7 reco~~endation would be not to extend the hours,but I'm okay with extending the liquor license. COMMISSIONER O'DONNELL:Thank you.We're just 10 11 12 property.so this is not about the Applicant and who they are.This is about granting a use at a location,and chat's 11 12 going to move down the line,so Commissioner Talesfore,if you'd like to make some comments. 13 all this is about,and to do that we have to make very 13 COMMISSIONER TALESFORE:That was well said, 14 Ispecific findings.Where my concern comes in is if you look 15 I at the Alcohol Policy it says.•Strongly discourages new 14 IJohn,and I know you've been in town a long time,I've been 15 Ito your restaurant and enjoyed it many times,but this is a 16 17 18 19 20 21 22 23 " 25 stand-alone bars,·and if you saw this restaurant,what you're calling a counter someone else may call a bar and we may have a very different animal on our hands,so that'S what concerns me, secondly,the finding of will not affect the neighbors:I don't feel like I have the evidence in front of me to make that finding to extend the hours beyond 10:00pm.I've heard evidence from neighbors on Almendra that they heard your grand opening party,and maybe that LOS GATOS PLA~WING COMMISSION 9/10/2008 Item MI,330 N.Santa Cruz Avenue 33 16 17 18 19 20 21 22 23 24 25 new restaurant in a new place and it happens to be adjacent to a neighborhood and we do have to be sensitive to that, so I would agree with John.I would probably have recommended we just do beer and wine for a certain amount of time to see how this all works and then have you come back before us:that would have been one of my comments, and then I would probably like to add some conditions to whoever makes the motion that I can bring up at that time. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 34 5 6 • • 10 11 12 13 14 l> 16 17 18 19 " 21 22 2J 24 " COMMISSIONER O'DONNELL:That would be fine. Commissioner Micciche. COMMISSIONER MICCICHE:You know,mine is a little bit different on this.I think that neighborhood is adversely affected right now by Hannigan's and others,and I don't see this restaurant more adversely affecting it from that standpoint,so I look at that definition a little differently than what's being stated right now.I think they would be very sensitive if there were issues they were having and I think they would respond;I believe that's true of this family and their reputation in this town.So I don't feel that way. I do feel though however that the Sunday through Thursday extension I think is probably not necessary,but I do agree to be competitive with other restaurants in the area that extending the hours on Friday and Saturday nights would be appropriate.So those are my comments at this time. COMMISSIONER O'DONNELL:Commissioner Jensen. COMMISSIONER JENSEN:In the interest of bringing some direction to our discussion,maybe I'll make a motion and see what happens.Since our motion is simply a recommendation,my motion would be to recommend this LOS GATOS PLANNING COMMISSION 9/10/2008 Item M1,330 N.Santa Cruz Avenue 35 5 • 10 11 12 13 14 15 16 17 I' I' " 21 22 2J 24 " application to the Town Council for approval with some modifications from what is indicated in the Staff Report, Commissioner Bourgeois indicates that we have to find that there will be essentially no impact on the neighborhood,We don't have to find that;we only have to find that there would be no adverse impact,and we certainly have heard that other establishments have an adverse impact,but this one hasn't been really been tried out so I don't know that we could find that it would have. My motion is that we recommend it with hours that are essentially the same as Cin-Cin,which was approved in the resolution that we got from Commissioner Bourgeois for hours from ll:30am to 11:00pm Sunday through Thursday and ll:30am to midnight Friday and Saturday,and I don't see why it can't be that. I also don't see why if my motion would include that there be a specific condition that their kitchen, regardless of the attendance at the restaurant,and regardless of how many people are serving,or regardless of when staff wants to go home,if that there were hours granted that you were open till midnight that your kitchen will remain open and be serving dinner till midnight, because that's not what's happening in other places.To my LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 36 mind that would lend some comfort that you weren't just going to be a bar,because it certainly looks like if you want to stay open till 1:00 o'clock,you're a bar. So if other people would go with a motion to keep the hours not until 1:00 o'clock in the morning on Friday and Saturday,but until midnight and until 11:00,and COI1MISSIONER O'DONNELL:Is there a second? COMMISSIONER MICCICHE:I have a question.I may second it,but I have a question. COMMISSIONER O'DONNELL:I want to make a comment too,but before then I'll be glad to go back,but if there'S a second we can comment on the motion. recommend approval for the full liquor license,and make COMMISSIONER MICCICHE:I'll second it. 10 11 12 13 14 15 16 17 18 19 20 21 n 23 " 25 the findings that are indicated in the Staff Report that there is a cOlrununity benefit to lace-night dining if your kitchen is actually open,which I would put a condition in that I'd recommend and to grant the liquor license,and that there would be no adverse impacts that we can find at least based upon this particular use,albeit only open since Monday. We've heard testimony that CB Hannigan's is a problem.Well,we can't judge this application based on what happens at CB Hannigan's unfortunately.We can't do that;we have to consider each application on its own merits,and so my motion is to recommend approval with hours till I think I said 11:00 and midnight and a specific condition that your kitchen remain open and serve food all that time regardless of the conditions in the restaurant. That'S my motion. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 37 , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " 25 COMMISSIONER O'DONNELL:All right,so we have a motion and a second.Let me first say,Commissioner Jensen, you were not here when Cin-Cin was approved and you may not know,and you may know,that part of the discussion was cin-cin had a somewhat unique location.In fact, Commissioner Rice at that point made I thought a very intelligent remark about that and how it was unique,so I don't think Chic-Chin is wholly applicable. I also think the restriction on keeping the kitchen open,I assume that would mean if the liquor were going to be served the kitchen ought to be open.Obviously if they decided to close early it wouldn't address that. Also,we had recently,and somebody will have to help me with memory,we had somebody who was going to be open for example till midnight,but the serving of liquor stopped one hour before,so we have some flexibility with that. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 38 I would support the idea that I think 1:00 o'clock in the morning is too late.I would also think that 2 COMMISSIONER O'DONNELL:All right,thank you. Does the seconder agree? )the problems that the neighbors are having obviously so far )COMMISSIONER MICCICHE:Yeah,I have one point, 8 • has not been with a restaurant that hasn't been open,and probably it's unlikely that it will be with this kind of restaurant,but I personally would feel more comfortable if it were to have liquor if the serving of liquor would stop earlier and then perhaps another hour to close.That would but I do agree to that.The conditions were 10:00am to whatever they were. COMMISSIONER JENSEN:Oh right,and I said 11:00 by Cin-Cin,yes,so 10:00. COMMISSIONER MICCICHE:Is 10:00 okay with you? 10 11 12 perhaps be the best of both worlds.It would allow the restaurant to be open later,but it would also mean if somebody wants to sit there and have dinner for another 10 11 12 COMMISSIONER BOURGEOIS: COMMISSIONER O'DONNELL: Talesfore. Yes. Okay,and Commissioner 13 Ihour.that's great,but there wouldn't be any more drinks.13 COMMISSIONER TALESFORE:So let me understand the 14 150 I just offered those comments to the motion,and now 15 11'11 look for further comments. 14 Ihours again.The hours will be from Sunday through Thursday 15ltill? 16 COMMISSIONER JENSEN:Well if you'd like me to 16 COMMISSIONER MICCICHE:10:00am to 11:00pm. 17 Imake that part of the motion,that would be to stop liquor 17 COMMISSIONER JENSEN:Correct. l8 service an hour before closing,that's fine with the maker 18 COMMISSIONER TALESFORE:Okay,and then on Friday 19 " 21 22 23 ,. 2S of the motion,and if by saying that the bar cannot be open,that is no alcohol can be served unless the kitchen is open,that'S fine with me.I just want to make sure that if there are extended hours that are ostensibly for the restaurant,there needs to be a restaurant. LOS GATOS PLANNING COMMISSION 9/10/2008 Item MI.330 N.Santa Cruz Avenue 39 19 " 21 22 23 ,. 2S and Saturday? COMMISSIONER MICCICHE:lO:OOam to midnight. COMMISSIONER JENSEN:Midnight,with alcohol service ending an hour prior on each of those and the ki tchen to be... LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 40 8 COMMISSIONER TALESfORE:I might be comfortable with that if we could perhaps,just because it is adjacent to a neighbor and I know there aren't problems yet,but there could be potential to problems,so juSt hear me out on this and I'd like to have your opinions,if we could possibly close the patio dining ear.lier,especially during the summer months at perhaps 10:00 o'clock Sunday through Thursday. COMMISSIONER TALESFORE:Well yeah,I would just ask what's an appropriate time to ask to see if we could get more conditions in there? COMMISSIONER O'DONNELL:Yeah,let me ask a clarifying question. COMMISSIONER TALESFORE:Yes,please. COMMISSIONER O'DONNELL:Mr.Korb,we've had this discussion before.There is some concern here by 10 COMMISSIONER TALESFORE:I won't support that as Commissioner Talesfore as to outdoor serving and that kind 10 11 12 13 the maker of the motion,because you start having so many different closing hours that you can't keep track of it. and so either we should extend it or we shouldn't. 11 12 13 of thing.I forget whether one can say this is what we're going to grant the conditional use permit,however these one or two things,whatever it is,are being granted for " 15 COMMISSIONER TALESFQRE:Leave it at 10:00? COMMISSIONER JENSEN:My motion is to extend the 14 Ithe limited time period of x,let'S say a year or 15 I something,to evaluate how that is working and then you 16 17 18 hours indicated to 11:00 and midnight with the bar closing an hour earlier,but I wouldn't want to add an extra closing obligation in the summer months. 16 17 18 could do one of two things:You could say the Staff,the head of the department,can make the decision or it could come back to the Commission.I don't know whether we can do 19 COMMISSIONER O'DONNELL:Are there other 19 that or not. 20 21 " 23 24 25 questions or comments,because I have a question?I saw Mr. Korb come in just in time,because I have a question of him in a minute.Commissione~Talesfore,were you complete? LOS GATOS PL~~ING COMMISSION 9/10/2008 Item #1.330 N.Santa Cruz Avenue 41 20 21 22 23 24 25 ORRY KORB:What we have generally done in the past is approve without condition,whatever it is that the Commission is concerned with,but set a future date to review performance essentially under the condition.What the Commission has is the authority,and I can't state the LOS GATOS PLANNING COMMISSION 9/10/2008 Item Ill,330 N.Santa Cruz Avenue 42 code section right off the tip of my tongue,but you do [have authority under the code to review and reconsider in a public hearing context any approval if there is a question about whether that approval is in some way causing public health,safety,welfare problems,or resulting in a, violation of the Conditions of Approval.Now I'm not saying, that you can juSt easily take away something that you've•previously granted,but what you do provide yourselves is DIRECTOR LORTZ:No,I don't believe you can do it,unless the Applicant is willing to agree to that condition. COMMISSIONER O'DONNELL:All right. s DIRECTOR LORTZ:And I would certainly invite the, Commission to ask the Applicant if they are willing to do, that .• CO~~ISSIONER O'DONNELL:Okay.Now Commissioner 10 the opportunity to at least review performance and if there 10 Talesfore,you had some other comments I think. 11 are problems to set that hearing and to go into a due 11 COMMISSIONER TALESFORE:Right.The other 12 13 process proceeding. COMMISSIONER O'CONNELL:You both know vested 12 13 conditions I would like to see,and we had talked about this and had an agreement from the Applicant,was that the 14 Irights,and I'm trying to avoid the vested rights issue. 15 IWhat I'm trying to say,and you've juSt told me I can't do 14 Ipatio furniture and outdoor heaters be brought in,and they 15 Ihad agreed to that, 16 lit and that's fine,but give me a direct answer.Can I have 16 COMMISSIONER TALESFORE:I don't have a problem 11 18 19 them come back and not have a vested rights argument if we're to say...I know Commissioner Talesfore is concerned about outdoor dining,I'm not saying at the moment I agree 11 18 19 with that.The main thing that concerns me is that the main thing we'd be doing here is recommending to the Town Council. COMMISSIONER JENSEN:So the more specific we 20 21 " 2J with that or don't agree with that,I just want to know can you condition something so there is no vesting of the right,because what you've giving me is a revocation of the 20 '1 " 2J COMMISSIONER TALESFORE: recommendation. Yes,it'S a " 25 conditional use permit,which I don't want to fool around with. LOS GATOS PLANNING COMMISSION 9/10/2008 Item H1,330 N.Santa Cruz Avenue 43 " 25 get,Mr.Korb can correct me,but I think that may be an issue.I would rather just yes,recommend things that are LOS GATOS PLANNING COMMISSION 9/10/2008 Item H1,330 N.Santa Cruz Avenue 44 not so specific,and I don't have a vested interest in can't hear it,how do you measure that?How do we keep whether this motion succeeds or not,but I think by adding control of that? very,very specific conditions we might go beyond what CO~~ISSIONER O'DONNELL:Commissioner Talesfore. we're supposed to do as a recommendation.if you were to set a time limit on the speakers,might that COMMISSIONER O'DONNELL:Mr.Korb.any comment on address your concern? that?COMMISSIONER TALESFORE;Yes. ORRY KORB:No,I understand the concern,but you COMMISSIONER O'DONNELL:For example,if you, 10 Council can consider them as Council wishes. can certainly recommend conditions.You're not composing chern,but you can certainly recommend conditions and the couldn't use the speakers after 9;00 O'clock or whatever? COMMISSIONER TALESFORE:Right,that would work. 10 COMMISSIONER O'DONNELL:Do you have a time you'd 11 12 like to recommend?COMMISSIONER JENSEN:Okay,then I'm going to add 11 12 13 Ibring the furniture in when you close.13 COMMISSIONER TALESFORE:Because we don't have 14 COMMISSIONER TALESFORE:Okay.Thank you,and 14 lany other restaurants with speakers,I would probably say IS Ichat's how I meant these conditions;they're under the 15 Ijust to eliminate them and maybe for special occasions 16 I recommendation of approval.And then the other one would 16 luntil a certain time,I don't know.It's getting "be,and I think that they also ag::-eed to this,that they "complicated now and we don't have precedence for this and 18 would meet with the residents at least two times a year.18 I'd like to hear what other people think about that. 19 COMMISSIONER JENSEN:No problem. 19 COMMISSIONER JENSEN:I wouldn't be willing to 20 COMMISSIONER TALESFORE:Okay.and then the last 20 add that to the motion,because I think as Staff pointed 21 one was about the speakers,which I'm still very confused 21 out,there's a noise ordinance and they have to comply with 22 23 " about on that.and I understand that it's supposed to be background music and low,but sometimes if someone's ear 22 23 " the noise ordinance and they shouldn't be held to something greater than the noise ordinance. 25 25 LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue " LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 46 COMMISSIONER TALESFORE: you have a noise ordinance... How hard...I mean when ,saying,but I'm also agreeing with Commission Bourgeois thac it runs with the land and therefore it isn't just the COMMISSIONER O'DONNELL:Waie a minute;Lhis is the thing we're not supposed to do.because I get 5 criticized all the time for it. COMMISSIONER TALESFORE:Okay. 7 COMMISSIONER O'DONNELL:If you would go through Applicant.On the other hand,the noise ordinance is all very well,but when you can't get police to show up and do 5 I something about it,it's not very helpful.If on the other hand one simply says the speakers go off at some hour, that's very easy to enforce,because it's either on or it the Chair.Now,you wanted to comment in response?,isn't on,you don't have to measure decibels.So I would 10 COMMISSIONER TALESfORE:I do,and I'd like to 10 personally ask the maker of the motion if she would 11 " 13 14 hear from Staff about this.I don't know another restaurant...This is a new one for t.he Planning Commission. We don't have outdoor speakers,I don'c believe,in any other restaurant with outdoor dining,unless you want to 11 l' 13 14 consider adding to her motion a time limit,and you can put whatever you want to,that the speakers should go off.If you don't want it too,fine,but I am worried about those speakers too. 15 I clarify.15 COMMISSIONER JENSEN:At this point I think there 16 MARNI MOSELEY:I'm not aware of any.16 Ihave been so many comments and so many additions and 17 COMMISSIONER O'DONNELL:We also don't have a 17 subtractions made that I'm going to withdraw the motion and 18 " regulation against it,so they could jusc go hang chern up as I recall. l' " if someone can summarize it and if they want to pUt new recommendations,that's fine,but I'm going to withdraw the 20 MARNI MOSELEY;That is correcc.20 motion. 21 " 23 " 25 COMMISSIONER TALESFORE:Okay,I didn't realize. I didn'C know chaco COMMISSIONER O'DONNELL:Lec me again suggesc chat I'm perfectly willing to take what che Applicant is " " 2J " 25 COMMISSIONER O'DONNELL:Well I will make the motion,and you have made the motion,which I happen to think was a good motion,and it also saves me repeating it, but as far as the conditions are concerned,the only LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 47 LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1,330 N.Santa Cruz Avenue 48 additional com:nent we're talking about right now as far as J understand it is the speaker,and as the maker of the motion 1 would recommend that the Council impose a time limitation on the speakers such that they would not be on 5 after 9:00pm in the evening,and I would ask whether the 6 seconder of the motion...I'Jell.is there a seconder to this motion? COMMISSIONER MICCICHE:I'll second the motion. nights to a period than that.But I am suggesting 9:00, 9:30,but in there,and I'm thinking of children oOlnd people crying to sit in cheir backyard,so you're right, COMMISSIONER MICCICHE;I'll agree with it, whatever time you pick. COMMISSIONER O'DONNELL:Okay,So we have a 7 motion and second.Do we have further discussion?Yes, Commissioner Bourgeois. COMMISSIONER O'DONNELL:So you'd accept the 10 whole mOL ion as made? 11 10 11 COMMISSIONER BOURGEOIS:I'm not going to support the motion,I hearken back to comment that you made earlier 12 COMMISSIONER MICCICHE:Yeah.the 9:00 O'clock 12 that to make those findings for Cin-Cin those were very 13 Itime may be a little carlyon weekends.I would say Stop it 14 Iwith the liquor serving.I'm just suggesting. 13 Ispecial circumstances,that's tucked away in Village Lane 14 land not really exposed to any neighbors,and LO have the 15 COMMISSIONER O'DONNELL;Let me just throw this 15 Isame hours at this location,I do agree that there may be 16 n 16 out for discussion.The neighbors,I assume they put up with toO much,but r also agree with the comment that it'S probably not going to be from these people.On the other 16 17 18 some compromise between 10:00pm and 1:00am,but I don't think 11:00 and midnight is that compromise.so l'm not going to support that motion. "hand,introduce loudspeakers that are quiet except when you l'COMMISSIONER O'DONNELL:Other comments? 20 21 22 23 24 25 turn them up,and I don't know why somebody would be hurt by having to turn their speakers off at 9:00 o'clock at night.Most of the nights around here when I want to sit outside anyway it'S cold,so there are very few nights that...Maybe I'm getting carried away;maybe there are more LOS GATOS PLANNING COMMISSION 9/10/2008 Item 111.330 N.Santa Cruz Avenue '9 20 21 22 23 24 25 COMMISSIONER TALESFORE:I have an issue with the weekend hour as well,but I especially have an i~sue with the limit of the speakers,because they will go with the land and if these people leave and it goes to someone else. It's just we're controlling the speakers and it's a new LOS GATOS PLANNING COMMISSION 9/10/2008 Item ~1,330 N.Santa Cruz Avenue 50 5 7 10 11 12 13 14 15 16 17 l' l' 20 '1 " 23 24 2S COl1cept here,and I know we have an ordinance for sound, but it's hard to enforce it.I may not be able to support this recommendation then unless we could eliminate the speakers.and I don't think I'm going to get that. COMMISSIONER O'DONNELL:Any other comments? Okay,I'm going to call the question.All those in favor of the motion,say aye.All those opposed?Carried 3-2. Michael.you can come back. ORRY KORB:And there are no appeal rights related to this application and this action.Rather the Commission'S decision is a recommendation to the Town Council.A hearing will be noticed before the Town Council on this application. LOS GATOS PLANNING COMMISSION 9/10/2008 Item #1.330 N.Santa Cruz Avenue 51 TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date:August 27,2008 ITEM NO.:6 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT: PROPERTY OWNER COr\TACT PERSO"J: APPLIC ATION SUMMARY Marni F.Iv[oseley.Assistant Planner U-08-0 10 330 North Santa Cruz Avenue (East side of N.Santa Cruz ;\\·c. North of Pellicoat Lane) M.S.D.Restaurant Co.LLC Meldimar LLC Richard Cole (-+08)297-2587 Requesting approval to modify a conditional use permit to allow full liquor service with modified hours of operation on a propert\·zoned C- 2.APN:529-04-053 DEEMED COMPLETE:July 24,2008 FINAL DATE TO TAKE ACTION:January 24,2009 RECOMMENDATION:Forward recommendation for approval to Town Council,subject to conditions. PROJECT DATA:General Plan Designation: Zoning Designation: Applicable Plans &Standards: Parcel Size: Surrounding Area: Central Business District C-2.Central Business District Town Alcohol Policy Restaurant Policy 261-+ CEQA Existing Land Us~.General Plan Zoning North Commercial Central Business District C-2-~ East Commercial Central Business District C-2 ----- South Commercial Central Business District C-2--- -.Central B~~ine~s District - West Commercial C-2 Categorically Exempt pursuant \0 Section 15301 of the State Environmental Guidelines as adopted by the Town. ATTACHMENT 4 Planning Commission Staff Report -Page 2 330 North Santa Cruz A venue/LJ-08-0 I0 August 27,2008 FINDINGS: ACTION: EXHIBITS: BACKGROUND •As required by Section 2920.190 of the Town Code for granting a Conditional Use Permit. •As required by Section IV.B of the Redevelopment Plan for the Central Los Gatos Redevelopment Project that it meets the use set forth in the Town's General Plan. •As required by the Town Alcohol Policy. Recommendation to the Town Council I.Location Map 2.Required Findings (one page). 3.Proposed Conditions of Approval (two pages) 4.Resolution No.2003-98 5.Letter of Justification (three pages) 6.Additional Letter from applicant (five pages) 7.Town Alcohol Policy 8.Floor plan (one page)received on June 23,2008 9.Photos of the site and surrounding area (five pages) ( The subject site is locatcd on the east side of North Santa Cruz Avenue approximately 100 ft north of Petticoat Lane,and directly across from Almendra Avenue.The space was previously occupied by Transylvania restaurant.The current Conditional Use Permit (CUP)was approved by Town Council on September 2,2003.The Use Permit established operating hours from 10:00 AM until 10:00 PM daily.It also allows alcohol service (beer and wine)in the small outdoor patio area at the front 0 f the restaurant. PROJECT DESCRIPTION The applicant is requesting approval to modify the existing CUP to allow full liquor service.The applicant is also requesting to extend the hours of operation to II :00 PM Sunday thru Thursday and until 1:00 AM on Friday and Saturday. ANALYSIS: A.Alcohol Policv The Town's Alcohol Policy requires any change in the service of alcoholic beverages to be approved by the Town Council.The request is consistent with the general policies in Section II and the specific policy in Section IV (see Exhibit 7).The restaurant is currently open until 10,00 PM daily;the applicant is requesting to extend the approved hours of Planning Commission Staff Repoll -Page 3 330 North Santa Cruz Avenue/U-08-0 10 August 27,2008 operation to II :00 PM Sunday thru Thursday,and 1:00 AM Friday and Saturday.The Alcohol Policy requires an additional finding that the applicant has demonstrated a clear benefit to the community to approve alcohol service beyond 10:00 PM (Exhibit 7).The Planning Commission's recommendation will be forwarded to the Town Council for final action. B.Traffic and Parkin!! There is no proposed change in use,therefore traffic and parking will not bc impacted by this application. C.CEQA Determination It has been determined that this project is Categorically Exempt pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. CONCLUSION AND RECOMMENDATION A.Conclusion The proposed modifications of the CUP comply with the regulations set torth for the C-2 zone and thc Town's Alcohol Policy with the exception of the extended hours of operation. The issue of full liquor is an issue for the Planning Commission to consider. B.Recommendation Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit to the Town Council \vith thc rcquested operating hours if the Commission can make the required tindings 10 operate after 10:00 PM: I.Find that the project is categorically exempt pursuant to Section 15301 of the State Environmental Guidelines; 2.Make the findings as required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit,subject to conditions (Exhibit 2);and 3,Determine that the proposed modifications are in compliance with the Town's Alcohol Policy (Exhibit 7).If the Commission can make the findings to allow service beyond 10:00 PM,condition 3 must be modified to reflect the change. Planning Commission Staff Report -Page 4 330 North Santa Cruz Avenuel U-08-010 August 27,2008 C.Alternatives I.Recommend denial of the Conditional Use Permit. 2.Recommend approval of the CUP with modification to any of the following areas: A.Beer and wine service to full liquor service; B.Hours of operation Approveetby:~~'~.~~oC",,------~ l'ttt€~'.Lo _,MCP Director of Community Development Prepared by: Marni F.Moseley CFM Assistant Planner BNL:MM:mdc cc:M.S.D.Restaurant Co.LLC,330 North Santa Cruz Avenue,Los Gatos,CA 95030 Meldimar LLC,1401 Martin Ave,Santa Clara,Ca 95050 ( N DEV\REPORTS\200SU30 NSC doc 330 N.Santa Cruz Avenue EXHIBIT 1 ( REQUIRED FINDINGS FOR 330 North Santa Cruz Avenue Conditional Usc Permit U-08-0 10 Requesting appron"to modify a conditional usc permit to allow full liquor senicc with modilied hours of operation on a proper!)'zoned C-2.APN:529-0-1-053 PROPERTY OWNER:Meldimar LLC APPLICANT:M.S.D.Restaurant Co.LLC •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 ifit finds that: (I)The proposed uses of the property are essential or desirable to the public convenience or welfare;and (2)The proposed uscs 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 (-I)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. •As required by Chapter II Section 6 of the Town Alcohol Policy for granting alcohol servicc beyond the hours of 10 pm. The deciding body shall make the following findings prior to approving an application for a Conditional Use Permit to serve alcoholic beverages past 10PM: A.Late night service will not adversely impact adjacent residential neighborhoods. B.The applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C.The applicant has demonstrated a clear benefit to the community. •That the work proposed is consistent with the Redevelopment Plan for the Ccntral Los Gatos Redevelopment Project Area (Section IV.B). •As required by Section 15301 of the State Environmcntal Guidelines as adopted by thc Town that this project is Catcgorically Exempt. N:DEV I·'INDINGS 330 NSc:."pd EXHIBIT 2 ( 330 North Santa Cruz/U-08-010 August 27,2008 RECOMMENDED CONDITIONS Of APPROVAL fOR: 330 North Santa Cruz Avenue Conditional Use Permit U-08-010 Requesting approval to modify a conditional usc permit to allow full liquor service with modified hours of operation on a property zoned C-2.APN:529-0-t-053 PROPERTY OWNER:Meldimar LLC APPLICANT:M.S.)).Restaurant Co.LLC TO THE SATISFACTION OF THE PLANNI'JG 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 received by the Town on June 23.2008.Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director or the Planning Commission. depending on the scope of the changes. 2.EXPIRATION OF APPROVAL:The Conditional Use Permit will expire two years I'·om the date of approval unless it is used before expiration.Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3.HOURS OF OPERAnON.Hours of operation shall not exceed 10:00 am to 10:00 pm. 4.SEA TfNG.A maximum of thirty two (32)seats are allowed inclusive of indoor and outdoor dining areas.A maximum of eight seats may be placed in the outdoor dining area. 5.OUTDOOR DINING AREA The outdoor dining area shall be maintaincd and kept litter I'·ee. 6.OUTDOOR DI0IING BARRIER.The barrier around thc outdoor dining area shall remain.to pro\'ide clear delineation 01'the eating area.and to providc adequate separation from the adjaccnt public areas.Thc final design of the barrier shall be approved by the DireclOr of Community Development,Consulting Architect and the Police Chief.prior to issuance of any building permits. 7.ALCOHOL SERVICE:The service of alcoholic beverages 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. 8.TAKE OUT.Take out food shall be served in recycled material containers. 9.UTENSILS.All beverages and food served on site shall be served on rcusable materials. 10.LIVE ENTERTAINMENT.No live entertainment shall be provided unless the applicant receives future approval of live entertainment. II.LAPSE FOR DISCONTINUANCE.If the activity for which the Conditional Use EXHIBIT 3 330 North Santa Cruz/U-08-010 August 27,2008 Permit has been granted is discontinued lor a period of one (I)year.the approval lapses pursuant to Section 29.20.3-t0 of the Zoning Ordinance. 12.TOWN lNDENfNITY:Applicants are notified that Town Code Section 1.10.\15 requires that any applicant who receives a permit or entitlement from the Town shall defend,indemnify,and hold harmless the Town and its officials in any action brought by a third party to overturn,set aside,or void the permit or entitlement.This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. TO THE SATISFACTIOI OF THE CHIEF OF POLlCE: 13. 14. 15. 16. 17. lFORMED 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. COl SULTATIO 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. TRAI ING MAN AL:The restauranl operator shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. DESIGNATED DRIVER PROGRAM:The restauranl operalor shall aClively promote a designated driver program such as complimentary non-alcoholic beverages for designatcd dri verso POSTING OF TAXICAB TELEPHONE UMBERS:Taxicab telephone numbers shall be posted in a visible location. ( N·DEV'CONDITNS'I2008 330 NSC doc l I RESOLUTION 2003 -98 RESOUJTION OF THE TOWN OF LOS GATOS APPROVING REQUEST TO MODIFY A CONDITIONAL USE PERi\tlIT TO INCREASE THE H01.J'RS OF OPERATION A..t'ID TO MODIFY TERi\tlS OF SERVICE OF ALCOHOLIC BEVERAGES FOR A RESTAURANT ON PROPERTY ZONED C-2 CONDITIONAL USE PERiVlIT APPLICATION:U-03-4 PROPERTY LOCATION:330 N.SANTA CRUZ AVENUE PROPERTY OWNER:MELIDIMAR,LLC APPLICA..t'IT:CAROL HENNESSY AND SIMONA TODORA..t'l . .WHEREAS: A.This matter came before Council for public hearing on August 4,2003, on a request from the applicant and was regularly noticed in conformance with State and Town law. B.Council received testimony and documentary evidence from the appellant and·all interested persons who wished to testify or submit documents.Council considered all testimony and materials submitted.,including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated July 28,2003 along with subsequent reports and materials prepared concerning this application. C.The current restaurant occupying the tenant space the subject use permit applies to is moving out of Town in August.Applicant is requesting approval to modify the Conditional Use Permit to extend the evening hours of operation to 10:00 p.m.seven days a week,and to serve beer and wine to patrons sitting in the outdoor dining area. The outside seating area (eight seats)would be used when weather permits and are included in the total number of seats (32)allowed for the restaurant. D.The Planning Commission considered this matter on May 14,2003 and forwarded it to Council with a recommendation for approval due to the uniqueness of tbe situation,which is not addressed in the Town's Alcohol Beverage policy. E.Council fmds as foUm"s: I.The project is categorically exempt pursuant to State Environmental Guidelines section 15301 as adopted by the Town. 2.The change in hours is consistent with the Redevelopment Plan for the central Los Gatos Redevelopment Project (section IV.B). 1 EXHIBIT 4 3.Pursuant to Town Code section 29.20.190,the proposed use of the property is desirable to the public convenience;will not impair the integrity and character of the zone;would not be detrimental to public health, safety or general welfare; and is in harmony with the various elements or objectives of the geoeral plan and purposes of the Town Code. RESOLVED: 1.The request to modify Conditional Use Permit U-03-4 is granted. 2.The revised Conditions of Approval,attached hereto as Exhibit A,are applied to this Application. 3.The decision constitutes a fillal administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos.Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established hy Code of Civil Procedure Section 1094.6,or such shorier time as required by state or federal law. PASSED Al"lD ADOPTED at a regular meeting of the Towo Council of the Town of Los Gatos,California held on the 2""day of September,2003 by the following vote. COUNCIL MEMJ3ERS: AYES: NAYS: ABSENT: Steve glickman,Diane McNutt,Joe Pirzynski,Mike Wasserman, Mayor Sandy Decker. None None ( ABSTAJN:None SIGNED: A~ CLERK OFTHE·tOWNOFLO~ LOS GATOS,CALIFORNIA 2 I ~ \ PLANNII 'G COlVIMISSI0,'i RECOM:'iIENDED CONDITIONS OF APPROVAL 330 N.Santa Cruz Ave Conditional Use Permit U-03-4 Requesting approval to modify a conditional use permit to increase the houts of operation and to modify terms of service of alcoholic beverages for a restaurant on property zoned C-2.APN 529-04-040 PROPERTY OW~"ER:Melidimar,LLC APPLICAl\'T:Carol Hennessy and Simona Todoran TO THE SATISFACTION OF THE DIRECTOR OF COlVINfUNITY DEVELOPMENT: Planning Division 1.APPROVAL:This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on May 5,2003.Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director or the Planning Commission,depending on the scope of the changes. 2.EXPIRATION OF APPROVAL:The Conditional Use Permit will expire two years from the date of approval unless it is used before expiration.Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinanqe. 3.HOURS OF OPERATION.Hours of operation shall not exceed 10:00 am to 10:00 pm. 4.SEATING.A maximum of thirty two (32)seats are allowed inclusive of indoor and outdoor dining areas.A maximum of eight seats may be placed in the outdoor dining area. 5.OUTDOOR DlNlNG AREA.The outdoor dining area shall be maintained and kept liner free.Signage,lighting and furniture shall be designed to maintain the architectural integrity of the building. 6.OUTDOOR DDIlNG BARRIER.The barrier around the outdoor dining area shall be modified to provide clear delineation of the eating area,and to provide adequate separation from the adjacent public areas.The final design of the barrier shall be approved by the Director of Community Development, Consulting Architect and the Police Chief,prior to issuance of any building permits. 7.ALCOHOL SERVICE.The'service of alcohol shall be limited to beer and wine and may only be served with meals. 8.RETAlL SALES.The use shall include retail sales in conjunction with the restaurant. 9.TAKE OUT.Take out food shall be served in recycled material containers. 10.UTENSILS.All beverages and food served on site shall be served on reusable materials. 11.LIVE ENTERTAINMENT.No live entertainment shall be provided unless the applicant receives future approval of live entertainment. 12.LAPSE FOR DISCONTINlJANCE.If the activityfor which the Conditional Use Permit has been granted is discontinued for a period of one (I)year,the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 13.ROOF MOUNTED EQUIPMENT.Any roof mounted equipment shall be fully screened. 3 Conditions of Approval 330 N.Santa Cruz AvenuelU-03-4 Page 2 of2 TO THE SATISFACTION OF THE POLICE CHIEF: 14 ALCOHOL SALES.If it is determined that the sale of alcohol is a nuisance,the use permit shall be subject to reevaluation by the Planning Commission. 15.EM,PLOYEE TRAINING:The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. 16.DESIGNATED DRNER PROGRA1\1:The establishment shall have and actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 17 TAXI NUMBERS:Taxicab telephone numbers shall be posted at a visible location. N':\SHARE\Adopted k.ro·Ords\Transilvmia-C~e.RES.wpd 4 ( Jul 25 08 12:12p LIQUOR LICENSE SERVICES L 408·999..Q784 p.1 LIQUOR LICENSE SERVICES,LTD. A DIVISION OF COLE &COWA-'l,lNC A CALIFORNIA LICENSED REAL ESTATE BROKER LIQUOR LICENSED BUSINESS CONSULTANTS ESTABLISHED 1965 SPECL<l.LIZING IN THE SALE OF LIQUOR LICENSES AND UQUOR LICENSED BUSINESSES KOTARY·USE PERMITS-PL'L'JNED DEVELOPMENT PERMITS SBA.WAN"S CAL1FORNlA-NEVAD.'\-ARJZONA·MICHIGA..~·WYO~n.""'G-MONTANA 1060 Minn~Ola Avt:nuc 520 Jose,CaliJomia 408-297-2587 Fa."408-999-0784 e-mail:rickcole(ci)pacbelI.net 3 PAGES INCLUDING THlS COVERSHEET VIA FACSIMILE July 25,2008 ATT:MARNI MOSELEY,CFM RE:CHICAGO STEAK &FISH RESTAURANT 330 N.SANTA CRUZ AVE.,LOS GATOS PURSUANT TO OUR TELEPHONE CONVERSATION TODAY, TRANSMITTED IS THE REVISED LETTER IF YOU HAVE ANY QUESTIONS,PLEASE CALL THANK YOU. SINCERELY, RICK COLE EXHIBIT 5 Jul 2508 12:12p LIQUOR LICENSE SERVICES L 408-999-0784 p.2 Letter to Town of Los Gatos re:Chicago Steak &Fish liquor license Community Development Department Town of Los Gatos 110 East Main Street Los Gatos,California 95032 July 25,2008 We are writing to you in regard to the new restaurant our family is opening here in Los Gatos.It will be called Chicago Steak & Fish and is located at 330 North Santa Cruz Avenue at the site of the former Transylvania restaurant.Many years ago,our family moved to this area from Chicago.It has been our goal to one day open a friendly,intimate and affordable restaurant here similar to the ones we loved as we were growing up in the neighborhoods of Chicago. ABOUT US: This will be the second restaurant our family will operate in on North Santa Cruz Boulevard.For some 16 years my brother Pete Jillo and other members of our family have owned and operated Gardino Fresco,located just north of the Los Gatos Theater.We are proud that we have earned an excellent reputation for serving local residents and for contributing to the betterment of our community thru our support of local charities and local youth groups. Gardino's is the sort of restaurant that has a great following of local residents,many of whom eat in our restaurant several times a month.In all the years Gardino's has been open,there has not been a single time the police have been summoned indeed,there has never been an incident or problem of any sort. ( This is exactly the way we plan on operating Steak &Fish restaurant.We plan on building following with a continued commitment to contributors to the town. our new Chicago a strong local be long term Jul 25 08 12:12p LIQUOR LICENSE SERVICES L 408-999-0784 p.3 My husband,Michael Machado,is the Dean at Valley Christian High School.He is a career educator and administrator.He has also served as head football coach for the past 12 years.Prior to that,he served in a similar capacity at Saratoga High School for 12 years.He holds a bachelor 1 s degree in public administration from the University of San Francisco and a state teaching credential. For the past 14 years,I have served as a corporate finance director after receiving my bachelor's degree in the administration of justice from San Jose State University.I left the corporate world several months ago to pursue our dream of operating a small business here in Los Gatos;and I am most excited about this new phase my life and career will enter. OUR REQUEST: We respectfully request that the Town of Los Gatos grant an upgrade to us to a Type 47 Liquor License to serve with meals in our new restaurant,and to allow us hours to the maximum Los Gatos permits. Open Sunday till through Thursday from 10 am to 11:00 pm with alcohol served with meals to 11:00 pm .Open Friday and Saturday 10:00 am to 1:00 am with alcohol served only with meals to 1:00 am. We are planning to keep the same number of seats -32.We want to strongly emphasize that we do plan on running a restaurant, not a bar.We will not have a separate bar area;and liquor will be served before,during and after normal dining. Thank you for your consideration. So seek Machado Partner Chicago Steak &Fish 330 North Santa Cruz Avenue Los Gatos,California 95030 408.393.5950 ( August S,2008 Marni F.Moseley CFM fown of Los Gatos Assistant Planner Re:Chicago Steak and Fish Dear Ms.Moseley, Please include this letter in those materials to be included in the staff report on this application. This letter addresses tllOse issues related to the issuance of a conditional use permit which allows for the service of alcoholic beverages after 10 PM. Although this may be somewhat repetitive of other materi"ls submitted on beh"lf of the applicant,it is important to focus on the central theme of Chicago Steak and Fish -it is First and foremost to be a restaurant providing excellent food service to Los Gatos and its visitors.This primary goal needs to be supported by the ability to serve and sell alcoholic beverages after 10 PM. Will late night service adversely impact the adjacent residential neighborhoods?We believe that there will be no adverse impact on these neighborhoods.The orientation of the restaurant is removed from adjacent residential neighborhoods.The restaurant is also near to the location of the Baker's Square restaurant,which is now closed.So,the addition of this restaurant with late night service,in the location of a former restaurant,will not negatively impact adjacent neighborhoods. Does the applicant have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy?There is no such history.This applicant's family has owned and operated Gardino Fresco on North Santa Cruz Avenue for 16 years.During that time,there have been no complaints or acts of non-compliance with the Alcoholic Beverage Policy.This applicant has the benefit of that knowledge,experience and support in operating this restaurant in full compliance with all ordinances,regulations and policies. Chicago Steak and Fish will offer a clear benefit to the community by providing late night food and beverage service.There are a number of persons in Los Gatos who would seek out the food service provided by Chicago Steak and Fish,including employees of other establishments who get off of work at 10 PM and visitors to the area desiring a late night meal.The menu offerings of our restaurant will be more affordable than other restaurants in the immediate area. EXHIBIT 6 M.s.Marni Moseley August 5,2008 Page 2 Additonally,this late night service will also allow patrons of Chicago 5teak and Fish to continue to be served alcoholic beverages when they have stayed beyond the 10 PM cutoff. Thank you for your consideration. Soseek Machado,Partner 330 North Santa Cruz Avenue los Gatos,California 95030 408.393.5950 ( 1 __••••. TOWN OF LOS GATOS RECtJIJEL JUN :J 3 2008 ·, Recap of Comments in Support of Amendment to the Conditional Use Permit 1)Looking forward to good times!(San Jose) 2)Wow!Great news.Will check it out!(Los Gatos) 3)Every time I visit Gardino's when I'm in town,have a great experience!I look forward to eating and drinking a cocktail at the new steakhouse (Los Gatos) 4)Forbes Mill has one,Why not Chicago?(Los Gatos) S)Ability to stay competent with other restraints.(Los Gatos) 6)I'm looking forward to trying the new restaurant.(Los Gatos) 7)Liquor is OK!(Los Gatos) 8)We need another steak house.(Los Gatos) 9)Drink Up!(Los Gatos) 10)I strongly support a fair playing field for Machado and Pete (Los Gatos) 11)I support Soseek &Pete and am confident in their ability to responsibly run a restaurant with a full liquor licence!(Los Gatos) 12)We need another food place to enjoy wine and dinner.(Los Gatos) 13)I like Martini with my steak (Los Gatos) 14)Cocktails would enhance the restaurant.(Los Gatos) 1S)What's a steakhouse without cocktails?(San Jose) 16)A great family.(Los Gatos) 17)It will be a Well run restraint.(Los Gatos) 18)This town needs more reasonably priced and family oriented steak and fish restraint.(Los Gatos) 19)Great addition to the town!(Los Gatos) 20)Give them an upgrade we need the competition.(Los Gatos) 21)Having upgraded liquor license will provide a much needed boost to the slipping Los Gatos economy.(Santa Clara) 22)We need a good steak house.(Los Gatos) 23)Please support those who bring great food,culture,environment and service together! (Los Gatos) 24)These are quality people with great food and honesty.(Los Gatos) 2S)These are great restauranteers.They ran a good business.(Los Gatos) 26)Very delivering business.(Los Gatos) 27)Invite us to the grand opening!(Los Gatos) 28)Great food!(San Jose) 29)We need another place to drink and dine.(Los Gatos) 30)Great idea for a new restraint in Los Gatos (Saratoga) 31)Yum!(Danville) 32)Very good food.Wish you guys the best of luck!(Santa Cruz) 33)Give it to em!(Watsonville) 34)A great addition to Los Gatos.(Los Gatos) 3S)Please proceed with license We need another affordable steak house in town (Los Gatos) len T(ir,v S"I~ SGt./J'lcr.ILr 0"::'-I a<u.~ I..A~s~4fJCnl-.t1Jt? CHICAGO STEAK &FISH 330.N SANTA CRUZ AVE LOS GATOS,CA 95030 36)Please proceed with license would love to have a martini with my adult dinner (Los Gatos) 37)We need (desperately)a good fair priced steakhouse in town!(Los Gatos) 38)Positive contributor provides for our town.(Los Gatos) 39)Very responsible +always provide excellent service.(Los Gatos) 40)Great and Responsible people. 41)Excellent service +quality on a consistent basis.(Los Gatos) 42)Responsible community members +it would be a great addition to the town.(Los Gatos) 43)Much needed in Los Gatos affordable steak and libation.(Los Gatos) 44)I love There other restraint.(Los Gatos) 45)We needed another steak house.(San Jose) 46)Will be much better than the other steak house.(San Jose) 47)Excellent food,Great service asset to Los Gatos.(Los Gatos) r"r ( ( PETITION OF SUPPORT JUN 2 3 2008 TOWN OF LOS GAV"~ Liquor license upgrade 1_,:..:..... For Chicago Steak &Fish Restaurant PRESENTED-TO'THE LOS GATOS TOWN COUNCIL (" 1..""j .....,../,.".. Soseek Machado and her husband Michael,with the help of their brother Pete Jillo and other family members,plan on opening and operating Chicago Steak &Fish at 330 North Santa Cruz Avenue in downtown Los Gatos. We support their request for an upgraded liquor license that will enable them to serve cocktails with meals at their new restaurant. Respectfully submitted, Name:.AJiAv'(P(l {St>-{q 1-------------- Comments..t... (optional):k DO 1\M 'j Address:J,--,:Q"",-,=,f):....>.8L----'C=--Cl"'-<I11:.....:(~-'''I-'''o'----k ,'eel ('de)ct'jU 6 S)l A- d:vV~f 3 ,{ ( 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.This policy provides parameters for alcoholic beverage service,particularly addressing late night service when alcohol related incidents are most likely to occur and when the disturbances to Town residents is least tolerable. The service of alcoholic beverages,with or without meals,past 10 PM is a discretionary privilege to be determined on a case by case basis.The following provisions are intended to balance the protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial centers in which restaurants have an essential role.Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or schools,the concentration of establishments in an area serving alcoholic beverages or for other reasons that may arise at the public hearing. The deciding body may approve a conditional use permit to serve alcoholic beverages based on the merits of the application and subject to the following requirements: II.General policy 1.The Town shall continue to strongly discourage new applications for stand alone bars or restaurants with separate bars. 2.The Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. 3.Entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process are adopted. 4.Alcoholic beverage service for new conditional use permit applications or applications for modification of a conditional use permit shall not be allowed: A.After 11 PM Sunday through Thursday,except for holidays and evenings before holidays. B.After 1 AM Friday,Saturday,holidays or evenings before holidays. An existing establishment with a conditional use permit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. EXHIBIT 7 Town ofLos Gatos Alcoholic Beverage Policy Page 2 of4 5.AJly 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 Po lice if alcohol related problems recur that are not resolved by the licensed owner. B.At the discretion of the Chief of Police,periodic meetings will be conducted with representatives from the Police Department for on-going employee training on alcoholic beverage service to the general public. C.All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the Californian restaurant Association. D.All licensed operators shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. E.Taxicab telephone numbers shall be posted in a visible location.(\ / 6.The deciding body shall make the following findings prior to approving an application for conditional use permit to serve alcoholic beverages past lOPM: A.Late night service will not adversely impact adjacent residential neighborhoods. B.The applicant does not have a history ofcomplaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C.The applicant has demonstrated a clear benefit to the community. 7.A meal is defined as a combination of food items selected from a menu (breakfast, lunch or dinner).Appetizers such as popcorn,nachos,pretzels,potato skins,relish trays,etc.(hot or cold)are not meals. 8.Alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town Manager.The separation shall clearly suggest that alcohol is not allowed outside the restaurant seating area. .J Town ofLos Galas Alcoholic Beverage Policy Page 3 of4 In.Specific Policy 1.Restaurants: Alcoholic beverages may only be served with meals. 2.Restaurants With Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service.Meal service shall be available until closing or 11 PM Sunday through Thursday and until 12 midnight Friday,Saturday,holidays and evenings before holidays,whichever is earlier,iflate night bar service is available.Specific hours 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 Planning Commission.The Commission will make a recommendation to the Town Council and the Council shall have final review authority. 2.Changes in ownership for businesses involving service of alcoholic beverages shall be reviewed by the Community Development Department.The following process will be followed: a.The Director of Community Development shall contact the new business owner to make them aware of the conditions of approval attached to the Use Permit for the location. b.One year following issuance of a business license,surrounding/impacted property owners shall be notified and any comments regarding the operation of the business shall be solicited. c.lf 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 of Los Calos Alcoholic Beverage Policy Page 4 of4 d.If there are violations of the use permit that have not been voluntarily corrected by the business owner the matter will be forwarded to the Planning Commission for public hearing pursuant to Section 29.20.310 of the Zoning Ordinance. e.Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning Commission may revoke or modify the conditional use permit if it finds that sufficient grounds exist. IV.Enforcement All conditional use permits issued to establishments for alcoholic beverage service on-site shall be subject to Section 29.20.3 18(b)of the Town Code authorizing the Town Manager to take enforcement action if it is determined that the sale of alcohol has become a nuisance to the Town's public health,safety or welfare.Enforcement of section 29.20.3 18(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 that are a direct result of patrons actions; I II.The number of complaints received from residents ad other citizens concerning the operation of an establishment; 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 a right of development.The Town retains the right of review and approval (or denial)of each project based on its merits. N:\OEV\SUZANN E\Council\Policia\200 Ialcohol polk-y."'pd ••• 00 00 _ -.- EXHIBIT 8 -~-. I 17>II l;1I I o F..- f<.f ii .~ ,- .,. 74 ().,. () U' 111 U,. r () () 74 11r :)-z , 330 N SANTA CRUZ AVE LOS GATOS,CA "-."~:.>!J:,o FRONT PATIO AREA CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA --~- FRONT OF BUILDING CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA EXHIBIT 9 ENTRANCE NEXT BLDG CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA AI J ,EY BETWEEN CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA ( - ALLEY WEST VIEW CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA ENTRANCE OF CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA ( BUSINESS SOUTH OF -., CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA ( BUSINESS NORTH OF CHICAGO STEAK &FISH 330 N SANTA CRUZ AVE. LOS GATOS,CA TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date:September 10,2008 ITEM NO.:1 PREPARED BY: APPUCA nON NO LOCATION: APPLICANT: PROPERTY OWNER: CONTACT PERSON: APPUCATION SUMMARY: -XHIBITS: DISCUSSIOl : Marni F.Moseley.Assistant Planner U-08-010 330 Nortb Santa Cruz Avenue (East side of N.Santa Cruz Ave. lorth of Petticoat Lane) M.S.D.Restaurant Co.LLC Meldimar LLC Richard Cole (408)297-2587 Requesting approval to modify a conditional use permit to allow full liquor service with modified hours of operation on a property zoned C- 2.APN:529-04-053 DEEMED COMPLETE:July 24,2008 FINAL DATE TO TAKE ACTION:January 24,2009 1-9.Previously received 10.Letter from neighbors (one page)received at August 27,2008 Planning Commission meeting. This item was continued to this agenda as there was not enough time to hear the application at the August 27,2008 meeting.A letter from the neighbors was received by staff during the Planning Commission meeting on August 27,2008.This letter was forwarded to the applicant and is attached as Exhibit 10. Prepared by: Marni F.Moseley CFM Assistant Planner BNL:MM:mdc D\C(6 ~~,-,-------- Approved by:~ Bud N.Lortz,AICP Director of Community Development cc:M.S.D.Restaurant Co.LLC,330 North Santa Cruz Avenue,Los Gatos.CA 95030 Meldimar LLC,1401 Martin Ave,Santa Clara.Ca 95050 N IJEV'KEI'ORTS 2008.,lJO NSC doc ATTACHMENT 5 1X1I1I ,':Dl ~WO d~f\\~~~I\{L Ctl~ ZLj-L t\l~fJJttl\~L ,.~-tt Q~~t J~' To the Los Gatos PI We,the residents of Almendra Avenue,wish to protest the proposal by 330 N.Santa Cruz Avenue (Chicago Fish and Steak)to extend its hours of operation at night until II :00 p.m.from Sunday through Thursday and until I :00 a.m.Friday and Saturday. Almendra Avenue is a mostly residential area,with many small children.Chicago Fish and Steak, although on Santa Cruz Avenue,is directly at the end of Almendra Avenue.The Almond Grove area is a desirable area for families because it is safe and pleasant for children.While we want to see the businesses on Santa Cruz Avenue succeed,we feel that the business should seek to maintain the quality of life of the residents.We feel that this request by Chicago Fish and Steak would harm that quality of life in these ways: Parking There is limited monitoring of parking on Almendra,Although parking is not allowed on our street after 6:30 p,m.,we've had many issues with cars remaining on our street until late at night,due to limited parking patrols.With the restaurants'increased hours,this would be an even greater problem.This would limit the parking available to residents of the street,who have paid for permits to park in front of their own houses,Also,the people returning to their cars late at night can be noisy and disrespectful to sleeping residents, Issues with eurrent eating/alcohol establishments Another local eating and alcohol serving establishment is open until 2:00 a.m.on Bachman Avenue. Despite a very responsive attitude from the owner,the residents of Almendra have experienced: •Noise keeping residents awake •Disposing of bottles (sounds of breaking glass)in the early hours of the morning •Patrons leaving the establishment intoxicated,yelling obscenities as they return to their cars, which often wake children up •The police not able to monitor disturbances unless phoned by a resident We aren't seeking to prevent Chicago Fish and Steak from serving~erelY to limit its hours of operation.L WVL ,~~ EXHIBIT 10 ( Last Cup Closing Closing Address:Restaurant reviewed Sun-Thurs Fri-Sat note: 206 N.Santa Cruz Ave Forbes Mill 2003 10:00 PM 11:00 PM • 50 University Ave,St 180 Wine Cellar 2002 2:00 AM 2:00 AM • 11 College Ave Tapestry 2004 11:00 PM 11:00 PM • 15 1/2 N.Santa Cruz Ave Los Gatos Bar and Grill/180 2002 11:00 PM 1:00 AM • 130 N.Santa Cruz Ave SI.G Los Gatos Brewing Co.2004 1100 PM 100 AM • 368 Village Lane Cin Cin 2008 11:00 PM 1200 PM will be reviewed in March 09 330 N.Santa Cruz Transylvania 2003 1000 PM 1000 PM • 101-111 W Main St Los Gatos Roasting Co.2006 10:00 PM 1000 PM Wine bar closes at 9:30 PM 217 N.Santa Cruz Ave Thai Riffic 2003 10:00 PM 1200 AM No alcohol after 10 PM 20 S.Santa Cruz Ave,SI.200 Main Street Burgers 2007 1000 PM 1000 PM 27 N.Santa Cruz Ave Vittoria 2007 11:00 PM 11:00 PM • 25 E.Main SI.I Gatti 2007 11 :00 PM 11 :00 PM • 303 N.Santa Cruz Ave James Randall 2006 10:00 PM 1000 PM 21 N.Santa Cruz Ave Andale 2007 10:00 PM 10:00 PM • 210 E.Main SI.Dio Deka 2003 1100 PM 1200 AM • 31 University Ave Steamer's Grillhouse 1994 2:00 AM 200 AM • 320 Village Ln Manressa 2000 11:00 PM 1100 PM • 50 University Ave,St 260 California Cafe 1998 2:00 AM 200 AM • 15 North Santa Cruz Ave Mountain Charlie's 1994 2:00 AM 200 AM' 208 Bachman Ave CB Hannegans 1995 200AM 200 AM •No outdoor seating after 12 AM 8 North Santa Cruz Ave Carry Nations 1997 2:00 AM 200 AM •No alcohol after 1:30 AM,Bar only 102 South Santa Cruz Ave Number 1 Broadway 1994 2:00 AM 2:00 AM •Bar only 354 North Santa Cruz Ave Double D's 1994 2:00 AM 200 AM' 'Original or existing CUP predates the approval of the modified Alcohol Policy