2009120706 Attachments 4 and 5May we please have a Staff
subject site is located at 14101 Winchester Boulevard. It
situated at the northeast corner of the Vasona Station
shopping center. The tenant space was previously occupied
31
rd
U
X
3)
0
)-I
v
rd
•
O
0
J-)
rd
U
3)
5
m
rd
rd
A
restaurant that operated under a Conditional Use Permit
that had originally been approved in 1979 when the center
was being constructed.
C
0
O 0)
U O
w
O 0 C
rO
w 0
0 X 0'
•.I o CD
0
4J C
3 rd
0) 0 0.1
0)
Ca a 3
aS C
0 0 0
o ru rd
ro w 0)
C rd
o 3) ul
U U 3)
>I 3)
a) NPI
�" 3J
w
a
rd
rd 31
4 A
F)
Conditional Use Permit will have to apply as a new use. The
property owner believed they had a tenant that would occupy
space but unfortunately things fell through and the
property owner was unable to maintain the Conditional Use
Permit for the space.
The Applicant is proposing a family style high -
N
H 0)
A
31
-rl C:
0
3) (0
u) H
3)
0 0
rd
C m
RS -II
$4 N
3) 3)
u)
•� rn
3 a)
rt 0
rd
UI
0 0)
rd
F]
rd
0
o
x
m
i) •rl
for several other restaurants in the area, including three
m
0
,O
N �
COy
N N
0 H
1-1
o
0
0
H
U
H
H�"
0" U
0
U
03S
H H
O
ate'
a
m
0
c
t7 �
H
0
a
N
CO o) O ri N r) 00 r W 00 0 .1 NIn
H ri rl .i .-i .-I ri .-i N N N N N N
.H
3
U
o
n0
�•.d m C 3)
H O X 0) 0
Nc.) 3)O)0UO
ta
Ow
0F3 Uto
Q W 3) rd > 0
0 H
0 $4 H-ri
0 0.., rdf-, rd
Hhu aX
Wendie R. Rooney
C
'0 Co
C rn
3
H H
A Wr
0 a0
•4o
} U H
0 >-
00 0
0 0
-30
N 0 >r
a N 4-r 11 0
0 031 0
U) 0 0) O
0 -.-) S-I 3. 1)
4-1m OR,
rda 4_,o FC
Ur) wN
n 0 > g
0 0 •ri 3) 0
a0 aQ H
Transcribed by:
3D
C7
z
H
Q
W
W
U
0
c4
a
H
0
O
o O
N
CO
N
�
O
0 y�
Hcn
0)
II
O
cn H
0
a
.-r N CO d0 ✓) N r N N H N 3))crh CO .-i N M 00
.-i rr .-r ri ri N N N N N
Attachment 4
Seating Policy is to reduce the possibility of alcohol
intent of the policy would be met if the Town required that
the patio not be accessible from the outside. Staff concurs
included to eliminate the gate
reflect what the Applicant is requesting but does provide
compliance with the Town codes and policies. The Planning
the application
4-4
0
0
a
0]
'O
w
0
O
O1
0
10
0
0
0)
0)
0
O
u
subject to those attached conditions, recommend
denial. The
modification of those conditions,
application does involve alcohol service and will
subject to
of the application to the Town Council
the attached conditions.
This concludes Staff's report. We're here if you
0
O
4)
U1
03
03
Are there questions? There
a
0
a
O
a
being no questions I'd ask the Applicant to come forward.
rn
O
O,O
N 0
N
N
O ▪ 0
O
zw
0
H N
U
U N
H
0U
O
u • �
H O
H
ri
ar'
a
4
0
FC • �
U �
0 H
a
.1 N M d' N l0 N W 01 H N M d' 1t7 b NCO 01 .i N M d' 1n
N N N
other Jake's restaurants. The proposal does meet the
current parking requirements and would not impact traffic.
The Applicant is also requesting the allowance
for 12 outdoor seats in the area that is currently fully
the enclosure and construct a covered patio within the same
modifications will require an Architecture and Site
Review Committee if this application is approved.
The Town's Outdoor Seating Policy does
that a restaurant employee seat patrons when alcohol is
does not include a hostess. The Applicant believes that the
limited patio seating proposed should not require a
hostess. The intent of the requirement within the Outdoor
CO
0)
O
O 'CS
N
COy
N �
C i
o 0
H O
z f°
0
H N
0
E ,0
0 U
U .9
zr,
H
▪ H
a
0)
0
c� „
H
0
a
rl N M d' 1f) l0 lCO Ol rl N M d' O1 t` CO 01 N CO 0]tn
.4 .1 .-i .-i N N N N N N
complex here of
0
Ot
1-1
10
H
U
H
24 hours.
industrial
that's along Winchester with Netflix and other
that are
be either formal
people where
or ad hoc engineers
along that whole
on projects. There is no eatery
Winchester corridor.
Gatos from
0)
O
a
4a
0
0
F
a)
t)
the entrance to
station further up
forth that
being that we're not a fine dining location, we are a place
v
11
m
00
0o
ld
91
3 m m
0 0 k
rt A a)
O 43 O
a) 3 0
93 0 3 >
0 a 4) )0)
m a
>, a) " 0
4-4 4) 0
03 H
17 0
4-)
w
01
O
U
O
v
)1
w
beer and relax
benefit to
h
a)
3
at other
people coming in.
1)
10
0
m
there was a
U)
O a) >,
a) n 0
0 HI
a) CL 0
to our business.
A
cultivating that
th
benefit to
doors at
1:OOam, and if we need
01
v
0
43
0
r0
3
01 N t•'1 W '0 N CO 01 O 01 N 0) 00111 10 N CO 01 O .-1
'i 01 01 •-1
Saratoga.
JAMIE TOUGAS:
Moseley on much
and the hours,
3
4)
ission. But before
little patio
O
C
0
A
HI
)-) 3
4) g a a) 0
a) N a) A 11
o .0 0) 01
0 H p (0
A S)
1-1 O >)
O U ,-)
0 40 � 41
0) 11 0 ro
�
aa)) .0 m a)
,H 4) 0) 0)
3 )4 4-i )+ .0
la 5
0
O
cfl
the police findings
complying with
e
out there, and
n
ev
business for
fine dining where you have waiters and
4-1
0 0)
0
O A m
1.)
0)
O
>~ O
•
4) 01
m m a)
11
(3
waitresses, and it's not fast food as we know. We do
waiters and waitresses in our service. The
food and then you pick it up when it's ready. We
•
G
0
0 .11
03 O 1)
3 0
0) 4)
01 a)
5 43
)-1
a)
0
A
a)
W
N
3
i
present that we feel
till 1:OOam and there's a benefit
stay open
Specifically here what
•
0
A
a)
>
at
33
43
v
4)
.0
0
O O 1)
1) U O
is consistent with our business model in the
unity. This
we're interested in cultivating and
O
a
H W 0) .i N !•) 00 N b 0 CO 00 H N f•') 0 N
a)
0)
• o
4-,
w o 0 o
S 4-1
O O
5
.0. �O
11
o
ro
> ro
ro
O O1
U! U)
O n
rt 0
H 0
o C
U U
0
ro a)
5
Id .0
.0 ro
1-) LH
0
11
a) • 0
O • .0
businesses
problems with
violation in
0
.0
0
U
ro
ro
0
O
0
a)
IE TOUGAS:
I can tell you that. Other
N
4-1
ro
a)
�i
O a) ro
a) C
4.) 0 0
ro 0
O m
o -1
m N
• ,4 tO
a)
up against a set
O
JJ
person who used
come there on Friday nights, but as
situation.
your shops open until
till 2:OOam. The
a)
w
0a
0
h
C
0,
0
for example stays
Saratoga does
The place that we have in
late at night, and
because it's primarily a residential
say, the reason
H
O
N
here is primarily
24-hour business adjacent
a)
0
N
that there
a)
N
4I
because we
try to see what
location. But it does vary. We
Any other questions? Thank you.
CHAIR O'DO
N
Ed
Ed
and then you'll
have the next
ri
H
0
0 ,O
"
co
N a)
0
O
za4
0
H
H N
O
o
w�
O
O
a)
H
O H
a
CO
0 N lO r- CO Ol .i N N) b 04 CO 01 N 0') d) If)
c-I .i .i N N N N N
reason to hope for
gives us high
others that we
night business,
in the area.
for any questions, and my sister may be
N
0
O
4i
H
able to help as well.
Are there questions?
a
w
•
a)
q • U
0 U
0
H X
01
0
O
N
0
O
U
other eateries?
I think there's a little pizza
0
.0
4-)
ro
a)
a)
3 N
ro o
• 41
• q
C
• 0
0
4-1-10
41
a) N
4 -
'
o >,
U a)
ro 43
0
0
E
w
FD
righ
towards North
seems like
C
0
41
Santa Cruz.
and it's fine
You're comparing it to
ISSIONER MICCICHE:
there other questions?
O'DONNELL:
IR JENSEN:
ACTING C
SO r CO m H N r') 0) )O h CO m .i N i+) d0 ✓)
.1 H .i .i .-I .i .i .-) .-1 .-I N N N N N N
Winchester, what cars would be going up and down West Parr,
a) 0 a)
} O a)
.0 4, Rs
J-) U U
rd a)
a) O. S2
N -.i 1)
-.1 W
ate) .0 h
.0 a-)
unity. I don't
would be going through your co
O • 0
a)
-.-1
Ul
>1 rd
.1 J-)
(d rn
rd t)
0
a) a) a)
d 0
' rd a)
.0
id a) H
RI • -.1 .0
r1 o
a) s1
O 0
a) >,
a) • a)
5, 0)
O H
rd
a) • U
0) -.i
.0 w
w
w rd
.0 0
built a shoddy cover, why
the person who was in
people to tear it do
do you want these
0
3
m -0
0
rd
0 0
0
n• U
a)
a~
11
0
of the amount of
people who
0
0
"3
O.
H
0
a)
11
ow
U O
the noise that will go
of where you're proposing
live within a 100'
(inaudible) to Aldo's
rd
Please visit the area. This is not
the physical
0
have street -level
Aldo's does
from the
N - a
vw-1 a w 0
O a)
a) (1
-0 0 o
O HI . ro w
a) U 0 'a
0 3 C 0
a) id
o C
U CO
7-1
.0 3
1)
w • .1
o x
30'. These people
there. That means
allow them to
w
0
0
.0i
U
a)
there will
up. So I don't think any analysis
noise. by eating outside versus
in Saratoga would not bring their
walls were put
the impact of
44
O
.0 a)
1) 'O
U
3 3
if that were taking
a)
at
for soccer parties at
the back yard.
0
.1 N rn (0 N t0 !` CO r co 01O .i N rl W
.-i
N
w
0
U
a)
51
1~
a)
they have on Saratoga/Sunnyvale
establishment
0
m
N
O
H
20 years could give you very good particulars on
exactly which businesses are open at which hours. No
w
0
the questions
and if you don't
for you to
have is a series
t
er one is the statement about there being no
z
U
rd
01
-a
U
w
(a
s1
U
with the border
01
rd
U
The statement that because you're not
a Jacky Boy's
are ludicrous. There is
0
S1
a)
a▪ )
Q
a)
a-)
y o
a)i w
m
O w
O 0
in this type of establishment and see
off Division Street
01
0
0
ro
rt
would be coming
0
a
H N rn 0) (O r CO 0) O .i N r1 (0 • r` CO O1 .i N rO (0 rfl
.-1
CHAIR O'DONNELL:
0)
}1
0)
4)
0
O
Id
0
0
0
0
m
U
.a
0,
0)
41 0) 4a 0
0
01 3
}� 0 0
0
0
4.1
0
h 0 0
o H
0
44 0)
m
0 03
0) (J
R, (1)
to .0
you very much. All
to respond.
0)
AV
0
W
IE
that were raised
the traffic would be
It seems to
0
11
0
0
at
different than any other time of
shopping center off
(0
traffic would be entering
0)
day or night.
Winchester
the borderlines between
I'm also not
H
these residents are.
Los Gatos and Campbell
be, and indeed we are,
any enterprise
to issues with
sensitive
challenging to have everybody of course
favor of
unities by
invest in these co
softball
supporting theater groups, drama
investment
to do so at this
different than is allowed by the permitting ordinances of
0
11
to noise, we do not use speakers
With regard
it's a silent pager
1n N
H
H
system. There are 12 seats in this proposed patio area.
rn
0
o,O
N 0
m
N N
'j
0 0
ri O
zm
0
H
( H N U
U
O
O �
H i
w
0
E
C7 23
CO
0
a
ri N tl d� N (0 N CO .-4 N rl W N (0 1� CO Ol ri N t'1 W
r4 .-1 .-1 ci H H ri rl rI .-1 N N N N N N
0
.0
ID
0
1n
H
H
0 >1
ID
4i
0 0
1d -
U 0
x
0) 4)
rl
1n
ID
ri
signage that
4.)
look like when Jake's puts up the
look at to find
4)
their other facilities
up? You have
time really is up. Why
0
0
0
a
a
0
A
O
.0 a
0 H
4 U
0
0
fL /0
That would
I
questions here?
acclimate me to
location, I know I
block away, but my
0)
G
0
r4
H
H
w
0
U
w
H
on Division
there to Capri.
13
O
}1
w
there are four addresses that are
got an additional
v
5
r1
H
0) 0)
5 0
0 A
0
G 4-D
}1 4,
0Li -d
4)
G o
U O
44
0 O)
0 4
0 -0
0
00
0) }
O O 0) .0
U Y. 0 4-1
go back and you have
the addresses on West
is a church. From there you
strange configuration in which
Parr have overlapped between Campbell and Los Gatos, so 660
is earlier than
ri
0
O 41
N 0
co
N W
0 ri
O
zf°
0
H
1n
H N
o
O
U
H i
a,
m `n
0 4'
(9 a�
0
A
(D ri N M W N b rCOm r1 N M d1 10
H H .-I
COMMISSIONER
Applicant to stay,
N
4)
10
H
1-1
.0
w
cn
question of
question for him. So the
the Mexican restaurant allowed daily operation
U
w
0
01
O
U
11:OOpm, is that
H
COMMISSIONER BOURGEOIS:
restrict them
is proposing
w
10
itcn
conditions are written
10:00pm daily.
O
1�
That's what the alcohol
a
a
W
0
to go beyond that.
04
01
G
w
past where hours
The Alcohol
W
a
0) 0
0 0
H U)
0) 1)
4 N
CO CD 44
11
U
0) 0
m 0
the Alcohol
of alcohol. It's
operation have been allowed to go beyond what
cases, so
that's a possibility.
10
.4 N 11 d� 01 l0 1CO D\ r4 N t`l N CO .4 Nro<H
seats. It
d0
seats; it's not going to be
seats. It
H
G'
U
,{
CO
0
a)
U)
a)
N
U
U
o
co
n5 SA
0 (0 w
.O
not going to
be a pretty
the most part, and if
be enclosed
that patio over
an issue that
3
0
0
4-1
0
--1i
44
0)
U)
F.
0
m
rt
43
0
U
a
a
W
CHAIR O'DO
the audience.)
(Inaudible
H
fine, but
and that's
we're fairly informal tonight,
You're making your case.
rt
44
can't be that
3
0
0
-1
v
You made your case.
I misspeak? There is a patio
93
Q
IE TOUGAS:
F7
there now, a semblance of one?
There's a fully enclosed sunroom.
4-)
)4
.d
44
w
O 0
X E.
H
W
v
O
4-1
we're concerned with about that, so we don't want
a
v
a
0
there questions of the
N
a
a
0
A
0
a
Applicant? Commissioner Bourgeois.
01
O
o ,O
N }4
CO 5
N N
o
1 O
0
H
N
H N
0
O
r,
O
H
a
v)
O
4
0 Ili
0
a
H N rv� u7 t4 t` m m ri N d0 t11 'o N Co m H N to d0 1tl
N
Correct. The previous restaurant
e
F1
0
4-1
was approved
those extra parking
center, and so that
103, so according to
o
0 0
-I 0
a0 0
3 rt
3 a)
0 0
o '0 U a
U N -H l
m 3 w '0
u) i 0 0
Hi s 0
1d E+ 0 Q
SA 0
a) a
0 H
the sound
reduced their
Engineers'
also take
H
restaurant?
0
HI HI
Hi U -HI .0
-HI N 4-)
0
u) Q a'
0 y,
rt N Hi
.0 0 -4I H 0
International
be subject to
ordinance.
about this and/or a motion. Anybody have anything
o.
O
rt
a)
v•41
0
0 01
0
o w
O
0
traffic engineers and
44
0
point. Independent
would appear to
then there would be additional traffic
impacts traffic or not,
there before.
it to the
care. So my tendency would be
HI N M '0 N l0 r CO O1 O Hi M d0 M t0 r CO 01 N M W 0)
H HI HI HI Hi Hi Hi ri .-1 H1 N N N N N N
Do you have any questions for
the Applicant?
-0
0
0
'0
H 5 00 10) 0
> O HIo a3
x U 0
>1HI
N
0 '1 Hi b1
XI 7, u •
3 0
U(, H U)
X .0
? 0
za S Al .0
z 5 4 wz u
0 0 0O 0
R - O Ca X
0 EA
L4 G' w W U)
x x -oi 0
0 h 0 O 0
0
n
0
u
ro
0
0
COMMISSIONER BOURGEOIS:
questions for the
Appli
the public heari
there any other
0
14
ISSIONER MICCICHE:
establishments open after
H
MOSELEY:
that the only place?
COMM
MOSELEY:
H
a
a
0
O
A
0
a
n-
n-
0 u)
m m
-.i 0
0 0 ro
.0 >1 4
H
include the bar.
44
0
v
Hi
a
O
Let me ask you
a
a
O
A
O
14
questions. My understanding is
saying there already was a restaurant there
m
0
'O
N
m
N
CD 8
Hi O
0
H 0
1n
cn 0
E
O
U-i
H'
01 O
H
a�
P1
0
O
EA
o„
H
0
a
t➢ r N O1 Hi M 0) NLOrCO 01 Hi N M 0) V)
Hi Hi Hi H HI H HI H ci H1 N N N N N N
seating on
and outdoor
0)
w
O
H
0
un
H
0
O
1)
0
0) U1
)1
co
N
C
-H
,0
ro
As required by
zoned C-1.
adopted by
Guidelines
categorically exempt. As required by
be intact for the
O
ri
0
H
H
the time I
m
-0
0
0
the drinking hours until 12:OOpm,
0
0
W
those nights, as
11
O
extend the operating hours to
0
C
0)
0
O
0)
i1
0
confused.
a 3▪ 1 a
0 .o z 0 wii
A „ o Q o
of
o C 0) Oco
0
1: H ,(0: H )d
U 0 0 U H
to the
the hours.
MOSELEY:
till 11:00pm Sunday
0
0
)41
td
0
allow till 1:00am with your
)n X
0) 0) Id
• '0 )4
1 ) JJ
m .0
IC-) >, o
III
I'm only allowing it till
ISSIONER MICCICHE:
Thank you.
w
a
0
rn
0
0,O
Nya
CO
C9
N
o 0
H O
1
0
H
O
cn
U)
�H�"" �
0"
U -0
C7 �
w
w ))
o
U u
1n
0
a
CO
H
H N M <X (0 lO 0 CO 01 H N M 00 N CO 01
H H H .-1
question. I
Let me ask you
0)
0
0
you're saying. I guess the
to agree with what
therefore
alcohol cutoff
have is whether
0)�1
0
1) 13
the restaurant day, so
should be earlier than
think when it was
COMMISSIONER MICCICHE:
serve until that
Aldo's has
I believe
see no reason to restrict this
what you said, isn't
would say about
The only thing I
H
f-i • U 1-)
03 O H 0.
0) fl C ,d )
O • ) H rl -0
X
!I ,O 03 (d
-0 rd
-00 00 1)
• (I) -0 0) • )I
rd •C On C 01 03
)4 is H H
O ,•0 ,O
w 3 E 31 0 31 G
C 0 ▪ 0) 5 0)
-0 C ▪ 0 .01 0
n c 0
N X }-I H 0
..-1
C 00 • 01
a ▪ 0) El,0 O O) N 0)
RI 'Fa '0 }I
.O -00 • y• � H G,' 01 • O SI 0)
0
S. V i1 0 ▪ ▪ 0) 0 O }-I 0
- -,-I
0
Pi 0 N A Si 0 • 4)) -00 • -00
H. O .0 0 .0 0) g 0
X
U FC T C ▪ to 03 • J-1 qSv
1� 0 ..-1 2 C C 0
• 1) CL ▪ m -00 -00
5° v 0 0 0 03 0
.0 • rt 01 03 • 01 . • .0 U
Al
e
simply the late
e
h
a motion? You're all being shy here.
to approve
0
O
-0
4-)
0
of
0)
)d
01
H
COMMISSIONER MICCICHE:
1`
0) H
.0.
i)
11
0
w
ci N M d� v) l9 N CO al .-I N M d0 N l0 00 CO cn N
-1 ci r1
That's what
COMMISSIONER MICCICHE:
to remind the Commission, the
a)
41
m
0 rn
.0 '0 H
H
0 a)
•.1 -�
O - m
N .0 m
.0 .0 .0 rd
0
H -
1-) 0
o 1)
J O
-a m
the weekend hours as no
Alcohol Policy sets
s
the weekend hours
1:OOam and it defines
holidays, or evenings
Friday, Saturday,
ISSIONER MICCICHE:
O
U
a
O
U
w
In
with that. Would
motion and
CHAIR O'DONNELL:
issioner Erekson.
any questions? Co
w
m
a)
0
0
0
U
0
m
rt
to make sure I
43
0
Ul
H
COMMISSIONER EREKSON:
of operation.
0
0
about the
understand. You're
alcohol. They're
ISSIONER MICCICHE:
O
U
consistent with each other.
Other questions or comments? All
a
a
0
a
0
rt
x H
0 4
U
each other.
those in
issioner being absent.
it's unanimous with one Co
0 0
•H 4)
to anybody who
endation
0
a)
•-11
U
o W
0 0
o
o •0
E U
0
a) 0
,0 0
+) U
the matter will be discussed once again.
0)
0
0
"
cO
CO
N
0 i
H
O
0
H N
m„
H (n
H N
00
O
zH
H
a
U) In
0
U r,
H
O
a
0
N
C O1 )O N CO 01
N N N N N N
1)
(a
0) (n
0
H 00 01
O 0
O 0
00
a) (d -)
00
H
n -0
In rt
Ul
U W L )-i
0
0
(I)
za O N za
0
Z a H Z
O 0 H 0
H J-
0 m 4) 0
C4 H a
U U -•i U
to ask for
clarificat
so we're clear, let me
'0
a)
a)
H
4)
w
G 0
}0 .-i
3 H
H
o'clock on those nights
issioner Micciche say
0
U
Friday and Saturday, right?
The reason I
ISSIONER MICCICHE:
O
U
WENDIE R. ROONEY:
condition then. Condition #3,
operation shall not exceed 11:00am to 11:OOpm
00
O
N
0
4)
O
x
Sunday through Thursday, and 11:00am till 12:00am Friday and
I think Attorney Korb was
a
a
w
m
0 '0
0 H
0
a. .0
some mention about the
talking about
I don't know what your
11:00 o'clock?
On holidays,
0
a
0
w
1)
holidays in
$1
0
U
Ot
rig
.i
pleasure is. Is it
0
(d
a)
O
U
holidays as
0
0
N �
c0
co
N W
1 i
CD g
1 O
zw
0
Hcn
(n
H
H
o 0
U U
U
U �
H ci
0
.-i
aH
w
"'
0�*
0 a3
cn
000 H
a
.1 N (+) <M vl 1O r CO m .1 N 0) d0 )f) b r co cr, N 10 10 Ol
.-)
Page 1 of 2
Marni Moseley - RE: C.U.P. U-09-009
From: "ramason9" <ramason9@sbcglobal.net>
To: <mmoseley@losgatosca.gov>
Date: 11/14/2009 2:11 PM
Subject: RE: C.U.P. U-09-009
To:
Ms. Marni F. Moseley
Assistant Planner
Town of Los Gatos
Email: mmoseley@losgatosca.gov
From:
Robert Mason
14119 Capri Dr.
Los Gatos, CA 95032
Email: ramason9@sbcglobal.net
Re: C.U.P U-09-009
Dear Ms. Moseley,
I have received the staff's mailing regarding the application of Tougas Enterprises for operation of a
restaurant at 14101 Winchester Boulevard, a property owned by Winchester Associates, LLC. I have
also reviewed the proceedings of the Planning Commission held on Wednesday, October 28, 2009 and
the attendant documents as posted on losgatos.granicus.com. I congratulate the staff on a proposal that
would permit the applicant to operate within the guidelines of the Town Alcohol Policy and balance the
needs of the applicant restaurateur with those of the adjacent multiple -family residential area.
Unfortunately, the Planning Commission, with the passage of a motion by Commissioner Micicche_ has
voted to extend the hours of operation daily until 11 PM and on Friday and Saturday evenings until 12
AM. This extension appears to have been motivated by fairness, given that the nearby restaurant known
as Aldo's has permission to operate until 12 AM on Friday and Saturday evening. However, I believe
that this decision was not well founded for the following reasons:
1) Aldo's ceases to operate at 10 PM on Friday and Saturday evenings, and 9 PM on week nights
according to their posted hours. These hours establish the current de facto end of commercial operations
within the Vasona Station mall. Allowing the applicant to operate past these hours would extend the
actual hours of operation of the mall and impact the residential community with their operations.
2) The Town of Los Gatos Alcoholic Beverage Policy states on page 2 of 4,11.6. "The deciding body
shall make the following findings prior to approving an application for conditional use permit to serve
alcoholic beverages past 10PM." and II.6.A that "Late night service will not adversely impact adjacent
residential neighborhoods." Rather than attempt to determine impact on the adjacent neighborhood, the
Planning Commission instead used the hours allowed by an existing conditional use permit as precedent
in establishing the hours of operation for the applicant. This process was clearly faulty and may leave
the Town open to litigation on behalf of its residents unless it takes appropriate corrective action.
3) The applicant has stated that the proposed restaurant belongs to what is known as the "casual dining"
segment and is meant to he a "family friendly" operation. This clearly distinguishes the proposal from
file://C:ADocuments and Settings\mmoseley\Local Settings\Temp\XPgrpwise\4AFEBAA... 1 1/16/2009
Attachment 5
Page 2 of 2
Aldo's, which belongs to what may belong to what is known as the "formal dining" segment. Aldo's
uses waiters and has a menu that features elegant entrees at higher prices than a casual dining operation.
This means that the applicant can expect a higher volume of customers than Aldo's because they are
attracted by lower prices. Due to a shorter expected average dining time associated with casual dining
and lower staffing requirements, the applicant may expect to be more profitable than if the operation
belonged to the formal dining segment. This is a good business strategy, but it relies upon a higher
volume of clientele than the formal dining segment. This means that even though the applicant's permit
will have fewer seats and fewer assigned parking spaces than Aldo's, they can be expected to generate
as much, and possibly more traffic than Aldo's, especially if the applicant operates with hours that
exceed those of Aldos.
4) The applicant's other operations incorporate what is called a "take-out" service, so it is fair to assume
that the proposed restaurant will operate in the same way. Such a service, if successful, can generate
even higher volumes of clientele since the patrons of this service come to the restaurant only briefly to
pick up their order. Although we do not know how much this will increase the applicant's patronage, it
can be expected to bring some additional revenue_ and the attendant traffic in addition to that provided
by the casual dining business model. This leads us to conclude, along with item (3) above, that using
another nearby business in a less volume -dependent dining segment as a comparable operation has
rather limited, if any, validity in establishing impact on the residential community.
I would also like to bring to your attention a minor architectural feature that would serve both the
patrons of the applicant and the residential community. I understand that the applicant will be required
to install a railing on the border of the outside patio to clearly suggest that alcoholic beverages are
associated with the restaurant, and that this is a private, not a public area. Aldo's has a similar area next
to its entrance on Winchester Boulevard and encloses the area overhead with an awning and large glass
window panes on the front. I see this arrangement as providing patrons with privacy and protection from
wind as well as providing the surrounding area with a modest means of noise abatement. I believe that
the applicant would be well advised to discuss a similar arrangement with Winchester Associates, who
would install the railing and glass for the applicant.
Thank you for planning efforts on behalf of our town. I look forward to receiving the Planning
Commission's response to the points that this letter raises and to a revised decision that more clearly
reflects the rights of the residents in the immediate area of the applicant to our peace in the late evening
hours.
Sincerely,
Robert Mason
Ps. 14119 Capri Dr. is exactly one block from 14101 Winchester Boulevard at the end of Division
Street.
file://C:ADocuments and Settings\nunoseley\Local Settings\Temp\XPgrpwise\4AFBBAA... 11/16/2009
Page 1 of 1
Marni Moseley - 14101 Winchester Boulevard
From:
To:
Date:
Subject:
Attachments:
"D Medeiros MSN-NP" <orthonp@lycos.com>
<mmoseley@losgatosca.gov>
11/15/2009 2:25 PM
14101 Winchester Boulevard
Part.001
Dear Ms. Marni F. Moseley - Assistant Planner Town of Los Gatos,
I am sending this correspondence in regard to the proposed establishment of both business license and alcohol sale permit for Tougas
Enterprises Restaurant at 14101 Winchester Boulevard. I have digested Robert Mason's letter sent to you via Email and 1 support and
concur with this gentleman's standpoint and issues. I am going to add to this with a very brief and extremely pedestrian point rather
then reinvent the wheel as proposed by Mr. Mason.
A very simple fact is that there is absolutely no comparative demographic or geographic characteristic between Aldo's and this
proposed site. Aldo's has a completely different demographic of clientele, presentation and menu. What's more, Aldo's is not in the
same proximity for location in distance from it to the nearest residential dwelling. This property is some 25 yards from residential
dwellings where Aldos is some 100+ yards to the nearest residential dwelling. Noise is key to the existence of alcohol service of a
business in a residential neighborhood.
I understand the desire of the Town of Los Gatos to accomodate the needs of a business to promote the desire for tax revenue.
However, certainly some consideration for the residents' need for a peaceful period of the day in which to sleep within The Town the
reside should be made. This consideration seems to be devoid in the recent proposal. If this is something which will require the
residents in the area to respond to in person to the town counsel, please advise so that we residents may mobilize to move toward this
action.
Sincerely,
Duane Medeiros
PO Box 161
Los Gatos, CA 95031
file://C:\Documents and Settings\mmoseley\Local Settings\Temp\XPgrpwise\4B000F40T... 11/16/2009