06 Staff Report - 14101 Winchester BoulevardMEETING DATE: 12/07/09
ITEM NO:
COUNCIL AGENDA REPORT
DATE: November 25, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER k—s
SUBJECT: CONSIDER A REQUEST OF APPROVAL TO OPERATE A RESTAURANT
WITH BEER AND WINE SERVICE AND OUTDOOR SEATING ON
PROPERTY ZONED C-1. APN 406-30-015. PROPERTY LOCATION: 14101
WINCHESTER BOULEVARD. PROPERTY OWNER: WINCHESTER
ASSOCIATES LLC. APPLICANT: TOUGAS ENTERPRISES. FILE # U-09-
009.
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Make the following motions:
Accept the Planning Commission's recommendation and approve the Conditional Use Permit
Application. If the Council decides to approve the proposed project, the following actions
are recommended:
• Make the required findings for approving the Conditional Use Permit (Attachment 1) and
approve the application subject to the conditions included in Attachment 2 (motion
required).
Alternatively, the Council may take one of the following actions:
• Continue the matter to a date certain with specific direction (motion required); or
• Approve the application with additional and/or modified conditions of approval (motion
required); or
• Deny the Conditional Use Permit Application (motion required).
4. Refer to the Town Attorney for the preparation of the appropriate resolution if approved or
denied (no motion required).
PREPARED BY: @ Wendie R. Rooney, Director of Community Development
Reviewed by: ) Assistant Town Manager own Attorney
Clerk Administrator Finance V Community Development
N:\DEV\CNCLRPTS\2009\14101 Winchester.doc Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 14101 Winchester Boulevard
December 7, 2009
BACKGROUND:
The subject site, 14101 Winchester Boulevard, has been occupied by a restaurant since 1979, and
until recently was occupied by Casa Valencia (Exhibit 1). The space was vacated more than a
year ago, and as a result, the previous Conditional Use Permit (CUP) expired.
DISCUSSION:
A. Project Summary
The applicant is requesting approval to operate a high turnover sit down restaurant with beer
and wine service and outdoor seating. The applicant is also requesting extended hours until 1
a.m. daily. The Town's Alcohol Policy (Exhibit 5 of Attachment 3), requires the following
findings to approve operating hours past 10:00 PM:
• Late night service will not adversely impact adjacent residential neighborhoods.
• The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy.
• The applicant has demonstrated a clear benefit to the community.
Please see Attachment 3 (the October 28, 2009 Planning Commission staff report) for
additional information regarding the proposed project.
B. Planning Commission
On October 28, 2009, the Planning Commission considered the application (see Attachment
4). The Commission recommended approval of the application with the following changes to
condition number three (added wording is underlined, deleted wording is struck out):
HOURS OF OPERATION: Hours of operation shall not exceed 11:00 a.m. to 10:00 p.rn.
daily 11:00 p.m. Sunday through Thursday and 11:00 a.m. to 12:00 a.m. Friday and Saturday
as well as holidays.
The Commission approved extending the closing hours, as permitted by the Town's Alcohol
Policy, to be consistent with the approved closing hours of Aldo's restaurant, which is
located in the same shopping center. Based on the information provided at the hearing, the
Commission determined that the extension of hours would not adversely impact adjacent
residential neighborhoods.
C. Public Comment
During the public hearing, a neighbor raised concerns regarding noise, outdoor seating,
traffic and signage. Subsequent to the Planning Commission meeting staff received two
letters from other nearby neighbors who have concerns with noise and traffic, particularly as
they relate to the hours of operation (Exhibit 5).
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 14101 Winchester Boulevard
December 7, 2009
As discussed in the report to the Planning Commission, the proposed restaurant will not
impact traffic beyond the previous use of the space. In regards to noise concerns, the patio is
located at the southeast corner of the building and will have space for 12 outside seats. The
patio is open on two sides and is oriented towards the parking lot of the shopping center and
to Winchester Boulevard. Due to the location of the patio area, the limited number of outside
seats and the existing highway noise, staff does not believe that there will be noise impacts
associated with the use of the patio. Noise generated in the parking lot from the patrons
arriving and leaving the facility could impact the residential neighborhood, however, the
anticipated noise would not be greater than the previous restaurant use which was approved
for full liquor service and closed at 11:00 PM.
CONCLUSION:
Pursuant to the Town's Alcohol Policy, staff had recommended the general limited hours. As
permitted by the Town's Alcohol Policy, the Planning Commission determined that the late night
service did not adversely impact adjacent residential neighborhoods and extended the closing
hours. Subsequent to the meeting, two additional neighbors have expressed concern regarding
the late night service (Exhibit 5). If Council determines that the neighbor's concerns have merit,
staff recommends that the hours originally recommended be incorporated in the conditions of
approval. The following condition could also be added to evaluate the operation of the use for
whichever hours of operation are approved.
ONE YEAR REVIEW. Town staff shall review the Conditional Use Permit within one
year from approval to determine if there are 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 29.20.310 of the
Town Code.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt according to Section 15301 Class 1 of CEQA as adopted by
the Town, which exempts permitting an existing facility with no expansion.
FISCAL IMPACT:
None.
Attachments:
1. Required Findings.
2. Recommended Conditions of Approval.
3. Report to the Planning Commission for the meeting of October 28, 2009.
4. Excerpt of the Verbatim Planning Commission meeting minutes for October 28, 2009.
5 Email received from Robert Mason (two pages), received November 16, 2009.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 14101 Winchester Boulevard
December 7, 2009
Email received from Duane Medeiros (one page), received November 16, 2009.
Distribution:
cc: Tougas Enterprises, 20604 Wardell Rd, Saratoga CA 95070
Winchester Associates, LLC, 14103 — B Winchester Blvd, Los Gatos CA 95032
WR:MM:cgt
N:\DEV\CNCLRPTS\2009\14101 Wincehster.doc
REQUIRED FINDINGS FOR:
December 7, 2009
14101 Winchester Boulevard
Conditional Use Permit U-09-009
Requesting approval to operate a restaurant with beer and wine service and outdoor seating
on property zoned C-1. APN 406-30-015.
PROPERTY OWNER: Winchester Associates, LLC
APPLICANT: Tougas Enterprises Inc.
• As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
• As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed uses of the property are essential or desirable to the public convenience or
welfare; in that the proposed use provides a family friendly eatery, in a location where
limited options are available to the nearby offices and residents, and
(2) The proposed uses will not impair the integrity and character of the zone in that the C-1
(Neighborhood Commercial) zone is intended for community and neighborhood oriented
business such as this application, and
(3)
The proposed uses would not be detrimental to public health, safety or general welfare in
that the space has always been occupied by similar style sit down restaurants, and
(4) The proposed uses of the property are in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code for properties within the
Neighborhood Commercial designation.
If the deciding body finds it appropriate, they should make the following findings to approve
operating hours past 10 p.m.
• As required by Chapter II Section 6 of the Town Alcohol Policy for granting alcohol service
beyond the hours of 10 p.m.
The deciding body shall make the following findings prior to approving an application for a
Conditional Use Permit to serve alcoholic beverages past 10 p.m.:
A. Late night service will not adversely impact adjacent residential neighborhoods in that
conditions have been applied to the project to reduce potential impacts.
Attachment 1
B. The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy. Although the applicant does not have an
existing Town business, their restaurant businesses in other jurisdictions do not have a
history of complaints.
C. The applicant has demonstrated a clear benefit to the community by supporting nonprofit and
other community organizations.
N:\DEV\FINDINGS\2009\14101 Winchesterwpd
RECOMMENDED CONDITIONS OF APPROVAL FOR:
DECEMBER 7, 2009
14101 Winchester Boulevard
Conditional Use Permit U-09-009
Requesting approval for a restaurant with beer and wine service and outdoors
seating on property zoned C-1. APN 406-30-015.
PROPERTY OWNER: Winchester Associates, LLC
APPLICANT: Doris G. Tougas/Tougas Enterprises Inc.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the
approved plans. 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 Ordinance.
3. HOURS OF OPERATION: Hours of operation shall not exceed 11:00 a.m. to
10:00 p.m. daily 11:00 p.m. Sunday through Thursday and 11:00 a.rn. to 12:00
a.m. Friday and Saturday as well as holidays.
4. SEATING: A maximum of one hundred and three (103) seats are allowed
inclusive of indoor and outdoor dining areas. A maximum of 12 seats may be
placed in the outdoor dining area.
5. OUTDOOR DINING AREA: The outdoor dining area shall be maintained and
kept litter free. There shall be no exterior access to or from the outdoor patio.
6. OUTDOOR DINING BARRIER: A barrier around the outdoor dining area shall
be installed to provide clear delineation of the eating area, and to provide
adequate separation from the adjacent public areas. The exterior modifications
shall be reviewed through an Architecture and Site Application.
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 reusable
materials.
10. LIVE ENTERTAINMENT: No live entertainment shall be permitted.
11. DELIVERIES: Deliveries shall be limited to the hours of 7 a.m. to 6 p.m.
12. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use
Pen -nit has been granted is discontinued for a period of one (1) year, the approval
lapses pursuant to Section 29.20.340 of the Zoning Ordinance
Attachment 2
13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115
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 SATISFACTION OF THE CHIEF OF POLICE:
14. UNIFORMED SECURITY: Uniformed privately provided security guards may
be required in or around the premises by the Chief of Police if alcohol related
problems recur that are not resolved by the licensed owner.
15. CONSULTATION AND TRAINING: At the discretion of the Chief of Police,
periodic meetings will be conducted with representatives from the Police
Department for on -going employee training on alcoholic beverage service to the
general public.
16. TRAINING MANUAL: The restaurant operator shall use an employee training
manual that addresses alcoholic beverage service consistent with the standards of
the California Restaurant Association.
17. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers.
18. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
N:\DEV\CONDITNS\2009\14101 Winchester.doc
TOWN OF LOS GATOS
PLANNING COMVIISSION STAFF REPORT
Meeting Date: October 28, 2009
PREPARED BY: Marni F. Moseley, Assistant Planner
mmoseley@losgatosca.gov
APPLICATION NO: Conditional Use Permit U-09-009
LOCATION:
APPLICANT:
ITEM NO: 5
14101 Winchester Boulevard (Located in the Vasona Shopping
Center)
Tougas Enterprises Inc.
PROPERTY OWNER: Winchester Associates, LLC
CONTACT PERSON: Michelle LaBarbera
APPLICATION
SUMMARY:
Requesting approval to operate a restaurant with beer and wine service
and outdoor seating on property zoned C-1. APN: 406-30-015
DEEMED COMPLETE: September 8, 2009
FINAL DATE TO TAKE ACTION: March 8, 2010
RECOMMENDATION: Forward recommendation for approval to Town Council, subject to
conditions.
PROJECT DATA: General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
CEQA:
FINDINGS:
Parcel Size:
Surrounding Area:
Neighborhood Commercial
C-1, Neighborhood Commercial
Town Alcohol Policy
Outdoor Seating Policy
4.4 acres
Existing Land Use
North Commercial
East Commercial
South Commercial
West 1 Office
General Plan ' Zoning
City of Campbell
City of Campbell
Neighborhood Commercial 1 C-1
Office Professional 0
Categorically Exempt pursuant to Section 15301 of the State
Environmental Guidelines as adopted by the Town.
■ As required by Section 15301 of the State Environmental Guidelines
as adopted by the Town that this project is Categorically Exempt.
Attachment 3
Planning Commission Staff Report - Page 2
14101 Winchester Blvd\ U-09-009
October 28, 2009
o As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
■ As required by the Town Alcohol Policy.
ACTION: Recommendation to the Town Council
EXHIBITS: 1. Location Map
2. Required Findings (two pages).
3. Proposed Conditions of Approval (two pages)
4. Letter of Justification (one page), received August 6, 2009
5. Town Alcohol Policy
6. Standards for Outdoor Seating
7. Floor plan and elevation (two pages) received September 8,
2009
BACKGROUND:
The subject site, 14101 Winchester Boulevard, has been occupied by a restaurant since 1979, and
until recently was occupied by Casa Valencia (Exhibit 1). The space was vacated more than a
year ago, and as a result the previous Conditional Use Permit (CUP) expired.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting the approval to operate a restaurant with beer and wine service.
A CUP is required to allow operation of a new restaurant. The proposal includes 103 seats,
with 12 seats located in a renovated outdoor patio area. The applicant is proposing
operating hours from 11 a.m. to 1 a.m. daily.
B. Location and Surrounding Neighborhood
The site is located in the Vasona Shopping Center on the west side of Winchester Boulevard
between Knowles Drive and Division Street. It is bordered by commercial and multifamily
to the north, light industrial to the east, an office complex to the west, and commercial uses
to the south. The properties to the north and east of the subject site are located in the City of
Campbell.
Planning Commission Staff Report - Page 3
14101 Winchester Blvd\ U-09-009
October 28, 2009
C. Zoning Compliance
The designated zoning for the property is C-1 Neighborhood Commercial. The C-1 zone
allows restaurant uses subject to the approval of a CUP. Outside dining and on premise
alcohol sales associated with a restaurant also require a CUP.
ANALYSIS:
A. Outdoor Seating
The existing facility currently has a completely enclosed sunroom, which provides a semi -
outdoor environment. This room was an addition and was not constructed with quality
materials or workmanship. The applicant would like to remove the enclosure and construct
a covered patio within the same footprint. The patio will have railings enclosing the space
as required by the Town Alcohol Policy. The applicant has provided elevations (Exhibit 7).
An Architecture and Site Application will be processed through the Development Review
Committee if this application is approved.
The Town's Outdoor Seating Policy (Exhibit 6) requires that patrons be seated by a
restaurant employee when alcohol service is provided. The proposed restaurant is open
seating, and the applicant believes that with the limited patio seating, a hostess should not be
necessary. The intent of the requirement for requiring a hostess in outdoor seating areas is to
reduce the possibility of alcohol leaving the outdoor patio. The Police Department has
stated that the intent of the Policy would be met if the Town required that the patio not be
accessible from the outside. Staff concurs with the Police Department and a condition has
been included to eliminate the gate in the patio area.
B. Alcohol Policy
The Town's Alcohol Policy requires any new or changes to existing 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 (Exhibit 5).
The applicant is requesting extended hours until 1 a.m. daily. The Alcohol Policy restricts
the hours of operation to 11 p.m. Sunday through Thursday, and 1 a.m. Friday and Saturday.
It also requires an additional finding that the applicant has demonstrated a clear benefit to
the community to approve alcohol service beyond 10 p.m. (Exhibit 5). The applicant
discusses their benefits to the community in a letter of justification (Exhibit 4). The
deciding body must review the application and determine if the proposal is providing a
benefit to the community. The Planning Commission's recommendation will be forwarded
to the Town Council for final action.
Planning Commission Staff Report - Page 4
14101 Winchester Blvd\ U-09-009
October 28, 2009
It should be noted that the expired CUP previously held by Casa Valencia allowed the
restaurant to operate until 11 p.m. daily. In addition, the other major restaurant tenant in the
Vasona Shopping Center, Aldo's, has approved operating hours until 12 midnight daily.
The Police Department has not received any complaints or reported any issues with
operating hours past 10 p.m. in the center.
The Police Department has reviewed the application, and with the removal of the patio gate,
as discussed above, and has no additional comments or concerns.
C. Traffic
The proposed use generates less trips than the previous use due to a reduction in seats to
meet the parking requirement for the center. Therefore, there are no traffic impacts
associated with this application.
D. Parking
With the current tenant makeup in the Vasona Shopping Center, the parking requirements
limit the restaurant to 103 seats. Following is a breakdown of the parking allocation for the
entire center.
Parking Analysis Table
Suite
Business Name
Type of Use
Square Footage/seating
Req. Spaces
14103-A
Marvegos Fine Art School
school
3 staff, 14 students
7.7
14103-B
March Development Co.
office
2,065
8.8
14103-C
La Maison Du Cafe
restaurant
18 seats
6
14103-D
Alef Bet
retail
1,464
6.3
14103-E
Vladimir Frank Architects
office
810
3.5
14103-F
The Metabolic Project
1-on-1 fitness
820
3.5
14103-G
Law Office
office
3,416
14.5
14107-H
(vacant)
(vacant)
4,440
18.9
14107-K
(vacant)
(vacant)
2,400
10.2
14107-M
Silicon Valley Pharmacy
retail pharmacy
2,160
9.2
14107-N
Net Fuel
office
1,144
4.9
14107-0
San Jose Blue
retail
2,707
11.5
14107-P
AS Designs
office
1,500
6.4
14107-Q
Orchid Cleaners
dry cleaners
1,445
6.2
14107-R
The Spot Deli
restaurant
18 seats
6
14107-S
Yeung Shing
restaurant
30 seats
10
14107-T
Dream Dinners
specialty retail
1,200
5.1
Planning Commission Staff Report - Page 5
14101 Winchester Blvd\ U-09-009
October 28, 2009
14107-U
Buschi Salon
personal service
1,220
5.2
14107-V
Integra Insurance Services
office
3,076
13.1
14109
Aldo's
restaurant
140 seats
46.7
14101
Jake's
restaurant
103 seats
35.3
Total Required Parking
239
Total Provided Parking
239
E. 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.
F. CUP Findings
In order to grant approval of a Conditional Use Permit, the hearing body must make the
following findings:
(1) The proposed uses of the property are essential or desirable to the public convenience
or welfare; and
(2) The proposed uses will not impair the integrity and character of the zone; and
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
The proposed use is desirable to the public convenience and welfare in that it provides a
family friendly eatery in a location where limited options are available to the nearby offices
and residents. The proposed use will not impair the integrity of the zone in that the C-1
(Neighborhood Commercial zone is intended for community and neighborhood oriented
businesses such as this application. The proposed use will not impact public health, safety
or general welfare in that that space has always been occupied by similar style sit down
restaurants. The use complies with the objectives of the General Plan and Town Code for
properties within the Neighborhood Commercial designation.
G. Public Comments
At this time, the Town has not received any public comment.
Planning Commission Staff Report - Page 6
14101 Winchester Blvd\ U-09-009
October 28, 2009
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The application complies with the Town Code and Town Standards and policies with the
exception of:
1. Hours of operation exceed those permitted in the Town Alcohol Policy.
2. Outdoor seating, when alcohol is available must be seated by a restaurant employee.
Staff has provided conditions (Exhibit 3) that limit the operating hours to 10 p.m., and
requires that the exterior gate to the outdoor patio be removed during the Architecture and
Site Application process.
B. Recommendation
Staff recommends that the Planning Commission recommend approval of the Conditional
Use Permit to the Town Council subject to the modifications noted above. If the
Commission finds merit with the proposal it should:
1. 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 3); and
3. Determine that the project is in compliance with the Town's Alcohol Policy (Exhibit
5).
C. Alternatives
1. Recommend approval of the CUP with additional and/or modified conditions of
approval.
2. Recommend denial of the Conditional Use Permit
Prepared by:
Marni F. Moseley
Assistant Planner
App9ved by:
Vendie R. Rooney
Director of Community Development
WRR:MM:cgt
cc: Tougas Enterprises, 20604 Wardell Rd, Saratoga CA 95070
Winchester Associates, LLC, 14103 — B Winchester Blvd, Los Gatos CA 95032
N:\DEV\REPORTS\2009\14101 Winchester.doc
14101 Winchester Boulevard
EXHIBIT 1
REQUIRED FINDINGS FOR:
October 28, 2009
14101 Winchester Boulevard
Conditional Use Permit U-09-009
Requesting approval to operate a restaurant with beer and wine service and outdoor seating
on property zoned C-L APN 406-30-015.
PROPERTY OWNER: Winchester Associates, LLC
APPLICANT: Tougas Enterprises Inc.
■ As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed uses of the property are essential or desirable to the public convenience or
welfare; in that the proposed use provides a family friendly eatery, in a location where
limited options are available to the nearby offices and residents, and
(2) The proposed uses will not impair the integrity and character of the zone in that the C-1
(Neighborhood Commercial) zone is intended for community and neighborhood oriented
business such as this application, and
(3)
The proposed uses would not be detrimental to public health, safety or general welfare in
that the space has always been occupied by similar style sit down restaurants, and
(4) The proposed uses of the property are in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code for properties within the
Neighborhood Commercial designation.
If the deciding body finds it appropriate, they should make the following findings to approve
operating hours past 10 p.m.
• As required by Chapter II Section 6 of the Town Alcohol Policy for granting alcohol service
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.
EXHIBIT 2
B. The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
N:\DEV\FINDINGS\2009\14101 Winchesterwpd
RECOMMENDED CONDITIONS OF APPROVAL FOR:
OCTOBER 28, 2009
14101 Winchester Boulevard
Conditional Use Permit U-09-009
Requesting approval for a restaurant with beer and wine service and outdoors
seating on property zoned C-1. APN 406-30-015.
PROPERTY OWNER: Winchester Associates, LLC
APPLICANT: Doris G. Tougas/Tougas Enterprises Inc.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the
approved plans. 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 Ordinance.
3. HOURS OF OPERATION: Hours of operation shall not exceed 11:00 a.m. to
10:00 p.m. daily.
4. SEATING: A maximum of one hundred and three (103) seats are allowed
inclusive of indoor and outdoor dining areas. A maximum of 12 seats may be
placed in the outdoor dining area.
5. OUTDOOR DINING AREA: The outdoor dining area shall be maintained and
kept litter free. There shall be no exterior access to or from the outdoor patio.
6. OUTDOOR DINING BARRIER: A barrier around the outdoor dining area shall
be installed to provide clear delineation of the eating area, and to provide
adequate separation from the adjacent public areas. The exterior modifications
shall be reviewed through an Architecture and Site Application.
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. TAKEOUT: Take out food shall be served in recycled material containers.
9. UTENSILS: All beverages and food served on site shall be served on reusable
materials.
10. LIVE ENTERTAINMENT: No live entertainment shall be permitted.
11. DELIVERIES: Deliveries shall he limited to the hours of 7 a.m. to 6 p.m.
12. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use
Permit has been granted is discontinued for a period of one (1) year, the approval
lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
EXHIBIT 3
13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115
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 SATISFACTION OF THE CHIEF OF POLICE:
14. UNIFORMED SECURITY: Uniformed privately provided security guards may
be required in or around the premises by the Chief of Police if alcohol related
problems recur that are not resolved by the licensed owner.
15. CONSULTATION AND TRAINING: At the discretion of the Chief of Police,
periodic meetings will be conducted with representatives from the Police
Department for on -going employee training on alcoholic beverage service to the
general public.
16. TRAINING MANUAL: The restaurant operator shall use an employee training
manual that addresses alcoholic beverage service consistent with the standards of
the California Restaurant Association.
17. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers.
18. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
N:\DEV\CONDITNS\2009\14101 Winchestecdoc
Restaurant Group
174 E. Fremont Avenue Sunnyvale, CA 94087
www.jakesrestaurantgroup.com
To: Town of Los Gatos
Community Development Department
We are writing this letter to request a conditional use permit for an existing building at
14101 Winchester Blvd located in the Vasona Station Shopping Center. We are a
restaurant group serving hamburgers, pizza, salads, beer & wine. Tougas Enterprises
is a family owned and operated business that has been in existence for over 50 years.
The company owns and operates six existing business in the bay area. Our
restaurants are widely known in their respective communities: The Garret in
Campbell, The Oasis in Menlo Park, The Boardwalk in Los Altos and Jakes of
Saratoga, Sunnyvale and Willow Glen.
Each and every restaurant in the company is very active in supporting their
communities. We actively support youth soccer, little league baseball, and many other
organizations in each surrounding community. We have recently begun our "STAR
AWARD" Program in which we give a percentage of our business back to a chosen
non-profit organization four times a year. This program allows our employees and
customers to participate in giving back to its own community. We strongly believe in
supporting local non-profit organizations.
We feel that our new location at Vasona Station will be a great addition to Los
Gatos. We will create an atmosphere that is inviting to families in the neighborhood,
youth and adult sports teams, and for people that work in the area that desire a good
casual meal. We truly believe that Los Gatos will be a successful addition to our
restaurant group. The restaurant will be family oriented with an open kitchen and bar
in the main dining area. Patrons will be able to order from our full menu at the bar.
We will have an arcade area for family entertainment. The patio room will be converted
to an outside patio.
Our menu will consist of a variety of Pizzas, a selection of great Hamburgers,
Grilled Sandwiches, Soups and Salads. Our drink menu will consist of Beer and Wine
as well as soft drinks and juices. We also offer catering to nearby businesses. Our
normal hours of operation would be from 11:00 am to 1:00 am seven days a week. We
currently sell beer and wine in our other six locations and we take this privilege very
seriously. As a company we have been serving alcohol in our restaurants for more
than 50 years. We serve thousands of customers each year at all of our locations. We
are confident in our ability to manage alcohol responsibly in our Vasona Station
location. We hope that you will approve our application for this use permit and we look
forward to a great mutual relationship with the Town of Los Gatos.
Sincerely,
A9
DorisG Tdug s
ash/
President, Tougas Enterprises, Inc
AUG
2009
OF Los GAT
enla liar„
sE Altos
EXHIBIT
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I. 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 of life 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 maybe 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.
ffiIBIT 5
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5. Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
B. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department for on -going employee
training on alcoholic 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 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.
7. A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. 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, if late 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 Depaitnient. 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. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use peuiiit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
V. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.20.318(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 29.20.318(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment that are a direct
result of patrons actions;
II. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. 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:\DEV\SUZANNE\Council\Poicies\200lalcohol policy.wpd
STANDARDS FOR OUTDOOR RESTAURANT SEATING
1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed
on private property with a conditional use permit.
2. A physical delineation in the form of landscaping or planters is required to separate
public and private property. The height of the separation shall be a minimum of
three feet but no higher than four feet. The physical design and plant material
should compliment the design of the building and prevent passing or carrying
alcoholic beverages outside the restaurant seating area. Plant material shall be alive.
3. When alcoholic beverages are permitted in outdoor seating areas that are
immediately adjacent to a public pedestrian way, the landscape separation shall be
designed to clearly suggest that alcohol is not allowed outside the restaurant seating
area.
4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold •
harmless agreement shall be recorded releasing the Town from any liability related
to the outdoor seating.
5. When alcoholic beverage service is permitted outside, a restaurant employee shall
seat patrons.
sys82\a: \misc\outdoor.s td
EXHIBIT 6