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2011060609 - Attachments - 49 and 51 N. Santa Cruz Avenue - Guardino'sREQUIRED FINDINGS FOR: 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo FINDINGS Required finding for CEQA: • The project is Categorically Exempt pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. Required findings for a Conditional Use Permit: • 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; 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. Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area: • That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. Attachment 1 Page 2 of 2 49-51 N. Santa Cruz Avenue/U-10-023 June 6, 2011 Required findings for the Town's Alcoholic Beverage Policy: ■ As required by Chapter II, Section 6, of the Town's Alcohol Beverage 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. 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. Required by the Town's Traffic Impact Policy: ■ As required by the Town's Traffic Impact policy, projects that generate additional traffic of five or more peak hour trips may only be recommended for approval if the project's benefits to the community override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five or more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must make specific findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. N:\DEV \FINDINGS\20111NSC49-51.docx RESOLUTION 2011- ADOPT RESOLUTION APPROVING A REQUEST TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C-2. APN: 510-44-030 CONDITIONAL USE PERMIT APPLICATION: U-10-023 PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE PROPERTY OWNER: JENNIFER WHITE APPLICANT: PETE JILLO WHEREAS: A. This matter came before the Town Council for public hearing on May 2, 2011, and for reconsideration on June 6, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. Currently, the CUP for 51 N. Santa Cruz Avenue allows 16 seats, beer and wine service, and operation from 9:00 a.m. to 11:00 p.m., seven days a week. However, the applicant is requesting to expand into 49 N. Santa Cruz Avenue, add 29 seats, provide full alcoholic beverage service, and operate from 10:00 a.m. to 12:00 a.m., Sunday to Thursday; and from 10:00 a.m. to 1:00 a.m., Fridays, Saturdays, and holidays. C. On April 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. The Commission recommended approval of the request finding the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and Attachment 2 Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town 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 April 20, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. On May 2, 2011, motion to approve the request to expand an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation as proposed failed. H. On May 2, 2011, motion to approve the request to provide full alcoholic beverage service with meal service and modify hours of operation to maximum allowable by the Alcoholic Beverage Policy for an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue approved. Council found as follows: 1. Pursuant to the Town's Alcoholic Beverage Policy, the request for a CUP modification at 51 N. Santa Cruz Avenue to provide full alcoholic beverage service and operate from 10:00 a.m. to 11:00 p.m., Sunday to Thursday; and from 10:00 a.m. to 1:00 a.m., Fridays, Saturdays, holidays, and evenings before holidays; the establishment does not have a history of complaints and the request would not adversely impact adjacent residential neighbors. This finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011, and incorporates the findings made by the Planning Commission on April 13, 2011, regarding this application. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the Planning Commission on April 13, 2011. I. On May 16, 2011, based on verbal statements made by the applicant's representative, motion to reconsider the request to expand an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation was approved. J. On June 6, 2011, motion to approve the request to expand an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation approved. Council finds as follows: 1. That new information was presented. 2. Pursuant to Town Code section 29.20.190, the requested modification of an existing CUP 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 General Plan and the purposes of the Town Code. This finding is based on the evidence presented in the Council Agenda Report May 23, 2011 and the testimony received at the Council meeting on June 6, 2011. 3. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 4. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. 5. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the Planning Commission on April 13, 2011. RESOLVED: 1. The CUP application U-10-023 to allow an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue to expand into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation is granted. 2. The Conditions of Approval are attached hereto as Exhibit A and are hereby adopted as the Conditions of Approval for modification of this permit. 3. The decision constitutes a final 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 by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 6th day of June 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\Reconsiderr 49-5 INSC. docx SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK CONDITIONS OF APPROVAL — June 6, 2011 49 & 51 N. Santa Cruz Avenue Conditional Use Permit Application U-10-023 Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the development plans noted as received by the Town on February 25, 2011. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. APPROVED USE: The approved use is for a single high turnover (sit-down) non -formula restaurant at 49 and 51 N. Santa Cruz Avenue. Formula restaurant, using the definition of formula retail, means a restaurant business which, along with seven or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized menus, merchandise, services, decor, uniforms, architecture, colors, signs or other similar features. The approved used shall be subject to property owner written consent and to any regulation or policy changes subsequently adopted by the Town Council. 4. INTENT OF APPROVAL: It is the intent of the Town Council to support the expansion of Gardino's restaurant with the commitment that the space at 49 N. Santa Cruz Avenue will eventually revert back to retail. 5. NON-SEVERABILITY: The Conditional Use Permit (U-10-023) for 49 and 51 N. Santa Cruz Avenue is non -severable. Both spaces shall operate under the same restaurant with shared staffing, menus, advertising, and operating hours. The spaces shall operate with unhindered movement between them, with the exception that 49 N. Santa Cruz Avenue can revert back to retail use at any time, excluding wine or other alcohol retail. 6. IMPROVEMENTS AND USE AT 49 N. SANTA CRUZ: The additional tenant space located at 49 N. Santa Cruz Avenue shall be improved as shown on plans noted as received by the Town on February 25, 2011. No kitchen, cooking, food preparation, including the use of microwave ovens or other food cooking, warming or heating, or food storage improvements or uses are allowed in this space so it may easily be reverted to retail use at a future date. Only food and beverage service is allowed in the additional tenant space. 7. SEATS: The maximum number of seats shall not exceed 45, with no more than five seats at the food service counter in the expanded seating area at 49,N. Santa Cruz Avenue. Should the expanded area revert to retail, then original restaurant seating will remain at 16. 8. SEATING CONFIGURATION: The food service counter and high stool seating shall be reduced by at least half of the area shown on the development plans noted as received by the Town on February 25, 2011. Removed food service counter seating may be converted into table top dining and/or waiting area seating. Modifications shall be shown on building Exhibit A of Attachment 2 permit plans at the time of building permit application submittal. 9. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages is permitted only with meals for all seating areas, including at the food service counter. 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. 10. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 11:00 p.m., Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 11. ENTERTAINMENT: Live entertainment is not allowed. 12. UTENSILS: All meals served on -site shall be on re -usable utensils. 13. TAKE-OUT CONTAINERS: Any take-out food shall be served in recyclable containers. 14. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 15. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 16. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 17. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 18. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 19. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and/or issuance of building permits. 20. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney, and will be signed by the applicant. Operators who are successors in interest to the restaurant business and CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. The Operational Agreement shall be reviewed by the Director of Community Development Department and the Town Attorney, biannually for the first five years and then annually thereafter, to ensure compliance with the Conditional Use Permit and operating covenants, including the detailed description of expanded restaurant operations. 21. PROPERTY OWNER AGREEMENT AND COMMITMENT: The property owner shall sign, agree, and commit to the Operational Agreement prior to issuance of building permits or commencement of use, whichever comes first. The property owner shall submit, in writing, agreement and commitment to the Conditional Use Permit prior to issuance of building permits or commencement of use, whichever comes first. 22. COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: two public benches to be placed in front of Los Gatos Cinema. If the proposed location does not have adequate space to accommodate the benches to the satisfaction of the Director of Parks and Public Works, then the applicant shall choose an alternative location to provide public street benches. The benches shall be installed prior to fmal occupancy. 23. 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, and may be secured to the satisfaction of the Town Attorney. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 24. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 25. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Depattnient for review and approval prior to commencement of use and/or issuance of building permits. 26. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and/or issuance of building permits. TO THE SATISFACTION OF THE CHIEF OF POLICE: 27. UNIFORMED SECURITY: Uniformed privately provided security guards maybe required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. 28. 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. 29. 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. 30. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 31. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:\DEV\CONDITNS\2011\NSC49-51 Reconsideration.docx RESOLUTION 2011- ADOPT RESOLUTION APPROVING A REQUEST TO ALLOW FULL ALCOHOLIC BEVERAGE SERVICE AND TO MODIFY HOURS OF OPERATION FOR AN EXISTING RESTAURANT (GARDINO'S), AND DENYING A REQUEST TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING ON PROPERTY ZONED C-2. APN: 510-44-030 CONDITIONAL USE PERMIT APPLICATION: U-10-023 PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE PROPERTY OWNER: JENNIFER WHITE APPLICANT: PETE JILLO WHEREAS: A. This matter came before the Town Council for public hearing on May 2, 2011, and for reconsideration on June 6, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. Currently, the CUP for 51 N. Santa Cruz Avenue allows 16 seats, beer and wine service, and operation from 9:00 a.m. to 11:00 p.m., seven days a week. However, the applicant is requesting to expand into 49 N. Santa Cruz Avenue, add 29 seats, provide full alcoholic beverage service, and operate from 10:00 a.m. to 12:00 a.m., Sunday to Thursday; and from 10:00 a.m. to 1:00 a.m., Fridays, Saturdays, and holidays. C. On April 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. The Commission recommended approval of the request finding the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and Attachment 3 Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town 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 April 20, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. On May 2, 2011, motion to approve the request to expand an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation as proposed failed. H. On May 2, 2011, motion to approve the request to provide full alcoholic beverage service with meal service and modify hours of operation to maximum allowable by the Alcoholic Beverage Policy for an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue approved. Council finds as follows: 1. Pursuant to the Town's Alcoholic Beverage Policy, the request for a CUP modification at 51 N. Santa Cruz Avenue to provide full alcoholic beverage service and operate from 10:00 a.m. to 11:00 p.m. Sunday to Thursday, and from 10:00 a.m. to 1:00 a.m. Fridays, Saturdays, holidays, and evenings before holidays, the establishment does not have a history of complaints and the request would not adversely impact adjacent residential neighbors. This finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011, and incorporates the findings made by the Planning Commission on April 13, 2011, regarding this application. 2. The Alcoholic Beverage Policy allows the Council to 'consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the Planning Commission on April 13, 2011. I. On May 16, 2011, motion to reconsider the request to expand an existing restaurant (Gardino's) at 51 N. Santa Cruz Avenue into 49 N. Santa Cruz Avenue to add seating, provide full alcoholic beverage service, and modify the hours of operation passed. RESOLVED: 1. The CUP application U-10-023 to allow an existing restaurant (Gardino's) to provide full alcoholic beverage service and modify hours of operation at 51 N. Santa Cruz Avenue is granted. 2. The Conditions of Approval for modified hours and alcoholic beverage service at 51 N. Santa Cruz Avenue are attached hereto as Exhibit A and are hereby adopted as the Conditions of Approval for modification of this permit. 3. The decision constitutes a final 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 by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 6th day of June 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\ApproveCUP_ 49-5 INSC.doex CONDITIONS OF APPROVAL —May 2, 2011 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to provide full alcoholic beverage service and modify hours of operation for an existing restaurant (Gardino's) on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. APPROVED USE: The approved use is for a high turnover (sit-down) restaurant. 4. SEATS: The maximum number of seats shall not exceed 16. 5. ALCOHOLIC BEVERAGE 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. 6. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 11:00 p.m., Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 7. ENTERTAINMENT: Live entertainment is not allowed. 8. UTENSILS: All meals served on -site shall be on re -usable utensils. 9. TAKE-OUT KE-OUT CONTAINERS: Any take-out food shall be served in recyclable containers. 10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 11. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 12. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 13. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 14. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 15. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and/or issuance of building permits. 16. 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 Exhibit A of Attachment 9 party to overturn, set aside, or void the pelniit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attomey. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 17. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 18. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Department for review and approval prior to commencement of use and/or issuance of building peiniits. 19. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and/or issuance of building permits. TO THE SATISFACTION OF THE CHIEF OF POLICE: 20. 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. 21. 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. 22. 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. 23, DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 24. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:1DEV\CONDITNS\2011\NSC49-5I CUP ExhibitA.docx GARDINO'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California May 23, 2011 Town of Los Gatos Planning Department 110 East Main Street Los Gatos, California 95031 RECEIVED L,;Y252011 TOWN OF LOS GATOS PLANNING DIVISION LETTER OF JUSTIFICATION FOR RECONSIDERATION Gardino's Restaurant has been a well run, well managed family dining restaurant in Los Gatos for over 18 years. It is family owned and operated, and represents the type of successful Local business which helps make Los Gatos such a popular and dynamic community. Gardino's provides high quality family dining at affordable prices, and is a major contributor to the community at large. In its 18 years of operation, Gardino's has not had any police or Department of Alcoholic Beverage Control issues or problems. REQUEST FOR RECONSIDERATION On May 2, 2011, the Town Council approved Gardino's application to modify their Conditional Use Permit (CUP) allowing full liquor service and expanded hours of operation but did not accept Gardino's request to expand into the adjacent retail space at 49 North Santa Cruz Avenue. On May 16, 2011, the Town Council accepted and approved Gardino's request for reconsideration of their CUP modification request. Understanding the Council's reluctance to take any action that permanently reduces the Town's stock of leasable retail space, Gardino's took the unprecedented step of clarifying their request is for a conditional use permit that will guarantee their expansion space will never be available as a stand-alone restaurant. Rather, it will only provide additional seating space and a food service counter for their adjacent existing restaurant. This has never been done before. There will be no kitchen in the expansion area...ever. Gardino's is willing to accept that as a condition of approval of the CUP. The existing kitchen in the existing restaurant can never be moved into the adjacent space thus allowing the new space to easily be reverted to retail in the future. Gardino's owner is even willing to enter 1 Attachment 4 into an operational agreement with the Town. The Council has accepted this approach of controlling the operation of other downtown businesses in the past and it is possible to prepare an operational agreement in this instance that will ensure this space is not improved with a kitchen or food preparation facilities. However, we believe a simple condition of approval reflecting this restriction will suffice to ensure that that the expansion space will never be improved with a kitchen or food preparation facilities thus eliminating concerns that the space could be converted into a stand-alone restaurant. This will preserve its possible use as retail in the future. A second reason the Council accepted Gardino's request for reconsidering this application is that Gardino's continued viability depends on this addition of space. It has become evident in today's market conditions, which include continued rent increases and skyrocketing overhead costs that Gardino's will not be able to maintain its viability without this additional seating. Being able to serve cocktails will help, but the use of existing space for liquor display and drink preparation in their small restaurant would further erode their scarce and critically important table space. While Gardino's appreciates the Council's approval of full liquor service, it is simply not possible to implement that approval without the additional floor area. With their very survival at stake, it is frightening to think of a situation where Gardino's is forced to close in a year when their existing lease expires and shortly thereafter a franchise high turnover sit-down restaurant would move in. It is possible that a Subway Sandwich, a Polio Loco or even a Hooters could move into the Gardino's space. All they would need is a business license. These restaurants are not classified as "fast food"; rather they are high turnover -sit down restaurants and need no discretionary town approval. Clearly it is important that the retail aspect of our downtown be preserved. It is also important that existing businesses such as Gardino's that have for decades served our town's citizens, employed local residents and been owned and operated by local families should receive certain considerations, especially those that give back so much to our town. Change is inevitable but the evolution of our downtown should be carefully controlled. These locally owned businesses should be allowed to reinvest and reinvent themselves so they can compete and evolve in a way that adds vitality to our downtown. As more and more national formula retail outlets seek to open in Los Gatos, such locally owned businesses, be they retail or restaurant, become increasing scarcer and more special and important. Gardino's is exactly this sort of mom and pop business...affordable, family oriented and serving local residents who comprise its cadre of regulars. The Council has carefully and wisely protected our locally owned single site retailers from their national competitors. It is certainly appropriate similar protections be provided our single site restaurants. WHAT WE ARE REQUESTING The space adjacent to Gardino's on the south side has become vacant and Gardino's has picked up the lease and is paying the rent The retail tenant relocated her business to a 2 different location in Los Gatos. Gardino's proposes to completely remodel the interior of the restaurant and expand into the adjacent tenant space located at 49 North Santa Cruz Avenue. Modest improvements in keeping with the architecture are proposed to the facade. The proposed remodel and expansion will provide additional seating, a waiting area for patrons, a food service counter for single diners and couples, and a food service take-out counter area. No kitchen or food preparation facilities are proposed in this new space thereby allowing the space to be reverted into retail in the future. The expansion will enable the restaurant to provide for an enhanced family oriented menu, including full alcohol service with a type 47 restaurant license. CLARFICATION OF HOW THE NEW SPACE WILL BE USED The goal of this expansion is to enhance the dining experience for Gardino's customers, whether they are customers who are waiting for a table, eating at a table or at the food service counter or customers who are obtaining food on a take-out basis. The current restaurant has no waiting area, food service counter nor a separate area to service take-out business, which represents a significant portion of Gardino's business. The expansion will provide a defined waiting area for patrons. It will also provide a defined take-out service counter as part of a proposed food service counter. The food service counter will provide additional seating for singles and doubles without the necessity of occupying larger tables for smaller parties. The addition of this space will also increase the seating capacity for the restaurant while at the same time giving the business a more "open" feel for the patrons. The food service counter and take-out service counter area will function in a similar manner as now exists at Willow Street Pizza and CinCin. The food service counter and the food take-out counter are critically important components of our new upscale restaurant and are increasingly popular to restaurant patrons. Singles and doubles increasingly desire to sit at a food service counter so they can mingle and interact with the people sitting near them. This is increasingly popular and it creates a "propinquity effect" allowing people, especially locals and regulars, to interact and form friendships. We have even developed a special menu for the food service counter (attached) with delectable dishes, smaller portions at a great price point. However, in spite of the importance of this aspect our new business model and in response to Council input, the food service counter and seating has been significantly scaled back and more tables and seating have been added in the new space. This refinement to our floor plan (attached) allowed us to add a hostess greeting station for our customers which will add a refining feature to the upscale ambiance of the restaurant. The existing bathroom in the adjacent space will be remodeled as part of the expansion. There will also be two archways added between the spaces which will allow access both in the dining area and in the area near the food preparation area of the existing restaurant. The expansion and the proposed improvements will bring the restaurant more in line with other fine dining restaurants in Los Gatos and will add to the vitality of our downtown. 3 SEATING CAPACITY Under the existing parking regulations, the addition of the adjacent space will result in a seating capacity for Gardino's of 45. This will include both additional seating at tables and additional seating at the food service counter. PARKING Gardino's does have dedicated parking behind the restaurant as well as public street parking. There are also public parking lots nearby. HOURS OF OPERATION The current conditional use permit for the restaurant allows for daily hours of operation from 10 a.m. to 11 p.m. Gardino's is agreeable to the modification of its hours of operation as approved by the Town Council on May 2, 2011 (i.e. 10 a.m. to 11:00 p.m. on Sundays through Thursdays, and 10 a.m. to 1:00 a.m. on Fridays and Saturdays). These additional hours are needed because Gardino's wants to offer expanded hours to offer a late night dining experience for its patrons. Alcohol will only be served with meals and the kitchen will remain open at all times that the business is open. We have had feedback from our customers who want to have this option available, particularly on weekends. In order to fill this need, we are requesting that this modification of hours be allowed, consistent with the Town's alcohol policy. SIGNAGE The existing signage for the restaurant will be relocated over the adjacent space and slightly enlarged. ACCESSIBILITY Both building spaces are fully accessible. ARCHITECTURAL CHARACTER The exterior of 49 and 51 North Santa Cruz Avenue will not be modified at the upper half of the front. The lower half of the front will be modified to allow for a primary entry door at the south end of 49 North Santa Cruz Avenue. The remainder of the front will be a wall with windows and Italian tile. Gardino's feels that this exterior will be a sparkling addition to the street and a very appealing view for the public. Interior work will include the installation of a food service counter with seating and a take- out food service. Two new archways will connect the spaces and the restaurant will have a uniform finishes and decor throughout. 4 LOSS OF RETAIL SPACE This expansion will not result in the loss of a retailer in Los Gatos as the existing retailer has relocated to another space in the Town. There will be a loss of retail space, but this loss will greatly benefit an existing merchant in the Town. As previously mentioned, Gardino's will accept a condition that prohibits a kitchen or food preparation facilities in the new space thereby allowing it to easily be reverted to retail in the future. Gardino's does have existing retail space to the north of the existing space. There is also substantial retail directly across North Santa Cruz Avenue. To the south is another restaurant, Gilley's, but this business is not open at night. And, the next business to the south is the theater. The loss of this retail space is in an area where there are several other non -restaurant businesses which tend to dominate the streetscape. Gardino's believes these factors will mitigate the loss of this particular retail space. Gardino's proposed interior and exterior improvements will significantly add to the vitality of the downtown and will be a tremendous addition to our downtown dining options. SUMMARY Gardino's has been an active supporter of Los Gatos in its 18 years of operation. Gardino's happily supports the Los Gatos — Monte Sereno Police Officers Association, Music in the Park, Jazz on the Plaza and the Los Gatos Music and Arts Festival. The business also supports St. Mary's Church and School. Gardino's has been and continues to be a very popular destination for both residents of Los Gatos and residents of other communities. However, the restaurant needs significant renovation and improvements to remain competitive and to evolve along with other businesses reflecting the upscale charm and character if our downtown. The expansion Gardino's is requesting will improve the streetscape in this area of North Santa Cruz Avenue. In addition, the expansion will greatly improve the dining experience for the dine -in and dine -out patrons of Gardino's. Please contact me if you have any questions on our proposed use modification. Very truly yours, Pete Jillo 5 THIS PAGE INTENTIONALLY LEFT BLANK I'ST TE 51 N Santa Cruz Avenue • Los Gatos, California 95030 (408) 354-8788 RECEIVED [MY 25 2011 TOWN OF LOS GATOS PLANNING DIVISION STUZZICHINO Fried Fresh Calamari Deep fried lightly seasoned calamari served with marinara and lemon. $10.95 Grilled Spicy Chicken Tenders $8.95 Served with honey mustard sauce. Sauteed Mushrooms $7.95 Sauteed mushrooms with roasted garlic. Fried Mozzarella $6.95 Served with marinara. Mozzarella en Carrozza $8.95 Fresh mozzarella and goat cheese baked in between fresh French bread Served on a bed of marinara Fresh Onion Bread Fresh French bread topped with caramelized onions and mozzarella cheese. Served with marinara $3.95 Garlic Bread $2.95 Our version of this Italian favorite. INSALATA E ZUPPA Insalata di Gardino Fresco $2.95 Romaine Lettuce, tomatoes, onions and tossed with a balsamic vinaigrette. Broiled Cajun Chicken Salad $11.95 Spicy broiled chicken, romaine lettuce, tomatoes, tossed with a light peppercorn ranch dressing. Broiled Chicken Pesto Salad $11.95 Broiled chicken and romaine lettuce tossed with a tangy light basil, garlic and lime dressing. Caesar Salad Romaine lettuce and tomatoes tossed with a creamy Caesar dressing. Chicken Caesar Salad Broiled chicken, romaine lettuce and tomatoes tossed with a creamy Caesar dressing. Assorted Pasta Salad Mixed rotielle with tomatoes, garlic, oregano, extra virgin olive oil and parmesan cheese tossed with pesto and a touch of marinara. Served with Chicken Breast Minestrone di Verdura Gardino Fresco's own vegetable Minestrone Cup $2.50 Bowl $3.50 $4.95 $11.95 $7.95 $11.95 PASTA Fettuccini Carbonara $12.95 Served with Pancetta & light cream sauce Spaghetti Bolognese $12.95 Served with choice of pasta Vongole Italian Linguine and Clams tossed with olive oil, garlic and parsley Vongole Alfredo Linguine and Clams tossed in light cream sauce. Vongole Siciliano $16.95 Linguine and Clams tossed with red crushed chili peppers, garlic, olive oil, marinara and fresh tomatoes. Mitile Siciliano $16.95 Linguine and Mussels tossed with red crushed chili peppers, garlic, olive oil, marinara and fresh tomatoes. Linguine Gamberoni $18.95 Prawns sauteed in their own juices tossed with garlic, parsley and lemon. Fettuccini dell'Oceano $18.95 Prawns, Scallops and clams tossed in a choice of alfredo or pomodori sauce. 'j' Sauteed Fresh Vegetable Medley $12.95 Served on a bed of Fcttuccinl with assorted vegetables. '4'r Vegetarian Dish Aloi e Olio Spaghetti with extra virgin olive oil and roasted garlic Mostaccioli Delisiosa $18.95 $16.95 Prawns, green onions, garlic and cream in a white wine and lemon sauce Linguine Puttanesca $12.95 $16.95 Tossed with anchovies, capers, olive, garlic and marinara. Mostaccioli and Broccoli Piccante Fresh broccoli tossed with garlic, olive oil and crushed red chili peppers then topped with parmesan cheese. Cappelini Pomodori With Chicken Dr. Bill's Mostaccioli and Sausage Pomodori $12.95 Tossed with garlic, tomatoes and basil. Cheese or Meat Ravioli $12.95 Tossed with your choice of marinara, or Alfredo sauce Baked Eggplant Mostaccioli $12.95 Eggplant sauteed with garlic, basil, marinara, and mostaccioli then baked with mozzarella cheese. `iLinguine PPyin Served with a fresh basil sauce POLLO Served with Vegetables and Mostaccioli Pasta Chicken Carbonara With light pancetta cream sauce. Broiled Lemon Chicken Marinated in extra virgin olive oil, lemon and shallots. Chicken Marsala Sauteed in a mushroom and marsala wine sauce. Chicken Kebab Broiled marinated chicken tenders skew.1..d vilth f1c,h vcyctables. $11.95 $12.95 $11.95 $15.95 $12.95 $16.95 Chicken Cacciatore $16.95 Sauteed with mushrooms and bell peppers $16.95 in marinara sauce. Chicken Artichoke $16.95 Sauteed with artichoke hearts, mushrooms $16.95 and cream sauce. Chicken Parmesan $16.95 Sauteed in marinara sauce and topped with $16.95 mozzarella and parmesan cheeses. Chicken Picata $16.95 Sauteed with lemon, white wine & capers PASTICCIO DI MARE All Dishes Served with Mostaccioli Pasta & Vegetables Gamberoni del Los Gatos $19.95 Lightly breaded prawns sauteed with olive oil, garlic and lemon. Cioppino Calamari, clams, mussels, scallops, and prawns in a hearty tomatoe sauce. $19.95 Saute dell'Oceano $18.95 Prawns, scallops, calamari, mussels and clams in a lemon and butter sauce. Gamberoni Scampi $19.95 Jumbo prawns sauteed in a delicate lemon, and white wine sauce. Calamari Siciliano $17.95 Fresh calamari sauteed in our own Sicilian style spices then tossed with marinara. Pettini Dore $18.95 Scallops sauteed in olive oil and lemon. Please Ask Server for Daily Specials The Tony Orsino Special Clams, Scallops, Prawns, Mussels, & Calamari with a light tomato basil sauce. Veal Marsala Sauteed with Mushroom Marsala Veal Piccata Capper Lemon Sauce Vitello $19.95 $19.95 $20.95 Veal Parmesan $19.95 Light tomato basil sauce, melted mozzarella Veal Cutlet Fresh herb Wine Sauce $19.95 oz • .o 0 LH O o ; > 0-4oQ 0 Lo J 0 `� az a0 '' ZZ it M� o a - op o c Nil x •E a cn %o 0 II — ut N ? a ti N F— U\ N • o e u yotib O z t`n M L 51 N Santa Cruz 00 N O ro M 0 o ON o nco ro V? t Y N d o p o . C7p Up Up 61 1 u ac4.4 w o • c to O c N o oc C. 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Np O Caun N 0 LLZ U r OZ W zQ Ce Oa z J d o ZU' i 3 i JLL II J 0 m N NJ OW 0- -J 0< K O LL' N CD® O Z m O CO D u -o N w3 a O Z n a aeN } N ono QW omz 0 02fl, THIS PAGE INTENTIONALLY LEFT BLANK for the next 20 e restaufant is old an ardmo s oufda ed 1 1110 dud '"Qtr restaurant at 51141-Santat Customersare always feeling Cruz Ave was dealt a blow by rushed We arethe smallest ie Los. Gatos Toton Qoenal stdotyn restaurant m' down hen rcie#bars split May'2 toWn and thattss tyhy,We want vier a g oposal to allow the 1 ko e�tpandt r Ga['dmo�s tsJ 000 ssquar ffeeeeri ow andishe�,e pahsron would-Lub1egt rspace'f' td 2 000VquaMi,4, et +�,?'he *ad dit on wouldimclude,�a food Iuor license and ro be open aeeFv`tee counters and tiextra lounger t ors , �` r a`b esz u� nQt a kitchen Ylayor Joe Pjrzynski and could aways`go back [bo're r, unedman Steve Leonardts, is 1 h�rllo'`no€pd a � supported the expansion fi�ta diieficultto say tno but gtce�vlaytsr Steve zRic someone ": vbo has been and Courtcdw'oman Dune„ m ou'c community so lon I TcNutt _opposed j Couunctl my0ifdis Paid k ex l;t` e,„: omaa.Barbara�Spectotg w small andd heewvants't_o grotv.� recused because�the aw� 4eonardis.'went,6n to -say slre-is at6hatedwtah as done at'�opposingfftpan, woitlo ea dtn; ould end"tpe„tvr ng Ivluch ,•f e�dtscussion hiessag�asi ly yqutre unoandm the expans�tn�endmga'ttnessage to tfie L fnruse`il'ou the fathaf m or-'hustnss cotnmumt thatvou for Gardmo% to; grow`,ttt can t come to Los''GaEos and'-. old have -to fake over�'the� grow your bgsmesss. Jt OK' til spaced x tfyop remain as long as you It s ahg�'u, a condo naI remain sinall asepermitthat iv ill "run t tth --Puzynskt -` ok> =p s Che land ro e er SZ ce satd et-, tl too man 7es aurants have `eatepn at %jardor s u to 'her s no fear ono or more ears than`I canted jn_y� art'fhaf'lwe:re fomg to,- member+IXsa Mtiusmess ' o all t e taurants ''Pirzyri It s a greaf'c n p4itor fQ tlde sskt said Sye're" of addlrig'; kow but thafs ust ait oti a new Garrdino. Gaarrdinp s oposmg:-to*xpanrt4 s on I,Pirzyniki . added jhatf e's- teazly 20yearsym awn and If eaten at XGardmq s' many o wner Pete illo rsays the tunes and lies often watched expansion jSroposaf, is bts peoplewatung putside who x -, :Tot- far ° ,.,c; r'+,�-�', �o `Italian, eatery Ito expang jnto 2i j adk space next door at'44 lCSanta`Ctuz #- Gardtno s also asked fora p � missio_ n to have a full "' e equa[lon ,, j Gardtno- s clung ttt fiustrated bec? ause cantgetin ' - �iomcally Leonardts gave` MciNutt.and Rice an'y''argu, meat against the expansion` when'he said thatthe small . sw� ee- space at S1N Santa Cru'�z�ts - like,a - starter hope forge ad `Leonardis - &e 'gent �&ttosugges$tthattf un`cil' approve Gasomo S' xpansion - andreonsider-a m ratonum onfutpre€rstaurant expan4 sioons" T7ie3�moratonum des f,. wentts`' owht rthere `�Iwgreat m not gom1 ortmgthe monon said The one porbonr:f'of tl moho nt bat I can support is cmgvtng, of f i alch of bev h" e-servtceanx-p'attdtng NW, hours at F oved an set vtih u ousrgyap 'Gazdtn s quoc3a1og `. eff. here are no,rute; ct5motn and" pope auragts There flare �ru or Tetatl but no,gui("" or restaurants ..� ctlhasagreed, rdma'Es.es r tXparlQ�rO] C h A e me anidjijnmg e space tQ4N'Sant Crui , Ga dmo's �neerl'e J�illo s• he hlloo'ed b ex l--, woulddgsowithThe undeistandmgtl'i fhe'�4i € Santa$ ruzspacb�wbnld revert backto.retail if e: iarev hts =r: le taurant d'oWn staff`m a vate wffl try fo find out af`that sestnction is z ar 'r 5 y� naii CounciltvornhiiiDtatt ? s uit why ongnally opposed kh@„expanstonz a i Using -t tsaratestcase' iI1behelp fi beeeausewholtnotvswhats around the comer'i °"' Attachment 5 Towel re -considers plan for Gardmo's expansion There's a vacant storefront at 49 N Santa Cruz Ave. in downtown Los Gatos. Gardino's restaurant, next door at 51 N. Santa Cruz Ave., is looking to expand.. Seems to us, its a perfect fit. Unfortunately, the Los Gatos Town Council didn't see it that way at its May 2 meeting The Gouncil split 21 2 on Gardmo's r J Irrequest tomove ��- ` into the adlomtng s _ space with IV ayor,q Toe Pnzyhski and Councilman Steve Leonardis sup anstoh and Vice Mayor Steve Rice anIts:- ipcborutinncgdyythnetneaxan,P, Diane McNutt voting their oppositio CouncdwubmBarb Spector was reeused for profs sional reasons ` '"� "` � ,, It didn't seem right The council had approved simr A ,requests in recent9nonths� but Pete Jillo, thepwner o._: he pd1iular Italian restaurant fhaC s operated m town;for n arly,2Q years,'was denietl '„ t t t - Now it seems that McNutt may hail had a(ehange:. ear(-`,i'he council ias-ag teed tq r,e consider,kilo S lest; gnd we belheve that flood for allconcerned 5 r. ,moue is the Conditional use:permit thatwill remain ? . nlhrthe propertyirnperpetuity The concern i`seonce than splice tsapproved as`a resCatirant tt will always4rematn rar estaurant never refurmng to what it stted out mg retailspace ,n�+�� i}S�a i rllo however, is Mffenng the stipulation trhal shofi ever sell the restaurant thespace would revert back su`es involved to il. The town is exploring the Legal ts reta with such an offer The bottom line is this, though There's a storefront sit ting vacant on N Sapfa Cruz Ayenne and a`viable-prof--'._ tablebusmess is inteeeresfed m zpaudmgi into the spar _ fo got allow that move to oEcut we believe -would be flighted on the=part of the [owp �? Y a £Much;has been aid about keeping such'spaces `avall able forsmall ietatl and mom and pop businesses . z �.Iowever m thiseconomy it S unrreahshc to believe manynnew start, ups willt be gyirig for retail space mh ttli u , `igh refit distract drat is downtown Los Gatos 4td we y. on t Agactly see a:i9t of mom and popsknockmg on the: odrs at town hall trying to squ`ee�e into the -retail spate', i that part of towF! it�-tr�: I , a s`fF;✓r<.i.--'; Th0xpansion.wQuld mean everything for Gardmo rrestaurant &requests for a hull liquor license and; Monger hours were both approved at the May 2 conned. . meelirig just notthe ex�ansmn from'us curtent1000 zti square foot space'tq tfie 2000s ware feet that would be'.„ (available by adding' the adloming storefrontt. gt;V,,,na ✓rth`Aomus andhAnteo botFi'-closing their doors dan ..n, now is not Elie. time to stand m the way of [onetime os'CiatoS business( desire �o`grow z �_%" We agree with P�izynski � d Leonardis i� (heir tmhial . support of Jdlo s pibposal anfl we re glad „,,R. see McNutt ,;; coming' around to'giye Gardino's a chanee td expand yyn, .- Leonardis was itglrt when he fold his fellow council ,members ae the May 2 meeting that to deny Jillo rquest " you re sending a message to'fhe business coin ' munitythat you cant come to'Los Gatos' and grow your business , - '. `', • ' ,We.hope that upon further Consideration of Gardmo s .expansionthe council nd re'ersdifferent m 'a very essage. •-._. 16 SILICON VALLEY COMMUNITY NEWSPAPERS Add May 23, 2011 Jennifer Savage Town Of Los Gatos Planning Department 110 East Main St. Los Gatos, California 95031 Dear Ms. Savage: This letter is to verify and confirm my agreement to the revisions to the operational and tenant improvement restrictions being considered by the Town Council regarding my property at 49 and 51 N. Santa Cruz Avenue. Pursuant to the application of Gardino's I specifically agree that the tenant space at 49 N. Santa Cruz Avenue will not be allowed to have a separate kitchen or any food preparation facilities so that it may easily be reverted to retail in the future. I appreciate the Town Council's willingness to reconsider Gardino's CUP modification request so they can create an upscale restaurant with a completely new look. This will be a significant improvement and will continue to improve and evolve the vitality of our downtown. I look forward to many more years as Gardino's being a tenant in my building. Sincerely, Jenniferite Property Owner RECEIVED 1 25 2011 TOWN OF LOS GATOS PLANNING DIVISION Attachment 6 THIS PAGE INTENTIONALLY LEFT BLANK MEETING DATE: 05/02/2011 ITEM NO: 1 COUNCIL AGENDA REPORT DATE: APRIL 20, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT U-10-023. PROJECT LOCATION: 49 & 51 N. SANTA CRUZ AVENUE. PROPERTY OWNER: JENNIFER WI-IITE APPLICANT: PETE JILLO. CONSIDER A REQUEST TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C-2. APN 510-44-030. PLANNING COVLMISSION RECOMMENDATION: After opening and closing the public hearing, it is reconunended the Town Council: 1. Approve Conditional Use Permit U-10-023 (motion required); and 2. Adopt resolution approving a request to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C- 2 (Attachment 2) (motion required). ALTERNATIVES: Instead of the aforementioned actions, the Council may: • Approve the application subject to the recoinmended, modified, or additional conditions of approval (motion required); or • Continue the project to a date certain with specific direction (motion required); or • Remand the project to the Planning Commission with specific direction (Attachment 3) (motion required); or • Deny the application (Attachment 4) (motion required). PREPARED BY: %.3 Wendie R. Rooney, Director of Community Development Reviewed by:Assistant Town Manager Town Attorney Clerk Administrator Finance C. nmunity Development eDEVETC REPORTS`2011 .NSC49-51.docx Reformatted: 5130'02 Attachment 7 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 49 51 N. Santa Cruz Avenue:'U-10-023 April 20; 2011 BACKGROUND: A Conditional Use Permit (CUP) to operate a retail deli and restaurant with beer and wine service with meals was approved in 1992 for 51 N. Santa Cruz Avenue. A modified CUP was approved in 1993 to allow the establishment to open one hour earlier. The applicant's restaurant, Gardino's, currently occupies the restaurant space and has filed an application to expand into 49 N. Santa Cruz Avenue, which was formerly occupied by a retail use, Los Gatos Baby Boutique. Staff analyzed the project against the Town's Alcoholic Beverage Policy (ABP) and the Town's policy regarding displacing retail uses with restaurant uses. DISCUSSION: A. Project Summary The applicant is requesting approval of a Conditional Use Permit (CUP) modification to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation. The following table compares the existing allowable and proposed operations: '-Existing Proposed Alcohol Service Beer and wine with meal service only Full alcoholic beverage service with meal service only Number of Seats 16 45 Hours of Operation Seven days a week, 10:00 a.m. to 11:00 p.m. Sunday to Thursday, 10:00 a.m. to 12:00 a.m.; Fridays, Saturdays, and holidays, 10:00 a.m. to 1:00 a.m. The following aspects of the business proposal may conflict with Town polices: • Hours of operation • Displacement of retail uses by restaurant uses Please see Attachment 8 for additional information regarding the project and for a full analysis for the bulleted items above. Please see Attachment 9 for a map of alcohol beverage serving establishments in the C-2 zoning district. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 49 & 51 N. Santa Cruz Avenue/U-10-023 April 20, 2011 B. Planning Commission On April 13, 2011, the Planning Commission considered the subject application (see Attachment 8). The Commission discussed the request, the limitations of the ABP regarding hours of operation, and the applicability of the policy regarding displacing retail uses with restaurant uses (Ordinance 2021). See Attachment 6 for the Commission's full discussion. The Planning Commission recommended approval of the CUP as proposed. The recommendation was based on the findings that the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. Additionally, the Planning Commission found the community benefit offered by the applicant was sufficient to address the increased traffic. If the Council finds merit with the community benefit offered by the applicant, staff recommends the following condition to ensure the Town obtains the comrriunitybenefit: COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: two public benches to be placed in front of Los Gatos Cinema. If the proposed location does not have adequate space to accommodate the benches to the satisfaction of the Director of Parks and Public Works, then the applicant shall choose an alternative location to provide public street benches. The benches shall be installed prior to final occupancy.. The Planning Commission also requested direction from the Council regarding Ordinance 2021 and its relation to the desired mix of uses in the downtown (Attachment 6). PUBLIC COMMENTS: The Town received two public comments (Attachment 11). CONCLUSION: The project would allow an existing restaurant to expand into a retail space, increase the number of seats and hours of operation, and allow full alcoholic beverage service. Staff recommended denial of the proposal because the project conflicts with the hours of operation allowed by the Alcoholic Beverage Policy and with the Town's policy regarding additional restaurant use in the downtown. The project would displace a retail use and could result in an overconcentration of restaurant uses in the Town's prime retail district. The Planning Commission recommended approval of the subject application as proposed as discussed above. PAGE4 MAYOR AND TOWN COUNCIL SUBJECT: 49 & 51 N. Santa Cruz Avenue/U-10-023 April20, 2011 ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt according to Section 15061 of the State Environmental Guidelines as adopted by the Town because the project consists of permitting an activity where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the enviromnent. FISCAL IMPACT: None. Attaclunents: I. Required Findings 2. Resolution approving the Conditional Use Permit modification (with Exhibits A and A.1) 3. Resolution remanding the Conditional Use Permit modification to the Planning Commission 4. Resolution denying the Conditional Use Pennit modification 5. Recommended Conditions of Approval for the Conditional Use Permit (with Exhibit A) 6. Excerpt of the Planning Commission verbatim meeting minutes of April 13, 2011 7. Desk Item to the Planning Commission for the meeting of April 13, 2011 8, Report to the Planning Comtission for the meeting of April 13, 2011 9. List of Existing Alcohol Beverage Service and Entertainment Uses in the Central Business District 10. Map of Restaurant Concentration in the Central Business District 11. Public Comments Distribution: cc: Pete Jillo, 51 N. Santa Cruz Avenue, Los Gatos, CA 95030 Jennifer White, PO Box 695, Los Gatos, CA 95031 WRR:JLS:cgt N:;DEV,TC REPORTS`201 i s\SC49-i1.docx REQUIRED FINDINGS FOR: 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to expand an existing restaurant (Garduto's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo FINDINGS Required fording for CEQA: a The project is Categorically Exempt pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. Required findings for a Conditional Use Permit: 11 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; 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. Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area: ® That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. Attachment 1 Page 2 of2 49-51 N. Santa Cruz Avenue/-I0-023 May 2, 2011 Required findings for the Town's Alcoholic Beverage Policy: a As required by Chapter II; Section 6, of the Town's Alcohol Beverage 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. 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. Required by the Town's Traffic Impact Policy: ® As required by the Town's Traffic Impact policy, projects that generate additional traffic of five or more peak hour trips may only be recommended for approval if the project's benefits to the community override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five or more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must make specific findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. NhDEY;FLN DL'GS'3011 W SC49-51.docx RESOLUTION 2011- RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C-2. APN: 510-44-030 CONDITIONAL USE PERMIT APPLICATION: U-10-023 PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE PROPERTY OWNER: JENNIFER WHITE APPLICANT: PETE JII..LO WHEREAS: A. This matter came before the Town Council for public hearing on May 2, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approval for a Conditional Use Pennit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. Currently, the CUP allows 19 seats, beer and wine service, and operation from 9:00 a.m. to 11:00 p.m. seven days a week. However, the applicant is requesting. 45 seats, MI alcoholic beverage service, and operation from 10:00 a.m. to 12:00 a.m. Sunday to Thursday, and from 10.00 a n, to 1:00 a.m. Fridays, Saturdays, and holidays. C. On April 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUT) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. The Commission recommended approval of the request finding the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the AB? and Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. Attachment 2 D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town 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 April 20, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the request for a CUP 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 General Plan and the purposes of the Town Code. This finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011, and incorporates the findings made by the Planning Commission on April 13, 2011, regarding this application. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Enviromnental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the Planning Commission on April 13, 2011. RESOLVED: L The CUP application U-10-023 to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation is granted. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for modification of this permit. 3. The decision constitutes a final 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 by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 2nd day of May 2011, by the following vote. CODICIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BL 4N K CONDITIONS OF APPROVAL - May 2, 2011 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division I. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below, in substantial compliance with the development plans noted as received by the Town on February 25, 2011, and in compliance with the applicant's letter noted as received on March 17, 2011 (Exhibit A.1). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. APPROVED USE: The approved use is for a high turnover (sit-down) restaurant. 4. SEATS: The maximum number of seats shall not exceed 45. 5. ALCOHOLIC: BEVERAGE 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. 6. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 12;00 a.m., Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 7. ENTERTAINMENT: Live entertainment is not allowed. 8. UTENSILS: All meals served on -site shall be on re -usable utensils. 9. TAKE-OUT CONTAINERS: Any take-out food shall be served in recyclable containers. 10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 11. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 12. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 13. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 14. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 1-5.—EA'VIRON IFN-TAL_HEALTFI-. PPROVA The-applicant_shaii subnli plans-to4he- County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and/or issuance of building permits. Exhibit A of Attachment 2 16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a pemiit 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, s_t aside, or void the permit or entitlement. This requirement is a condition of approval of all such pennits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attomey. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 17. TRAFFIC IMPACT MITIGATION FEE (COMMERCL&L). The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $11,410.92. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on use. 18. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 19. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Department for review and approval prior to commencement of use and/or issuance of building permits. 20. EXTINGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and/or issuance of building permits. TO THE SATISFACTION OF THE CHIEF OF POLICE: 21. 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. 22. 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. 23. 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. 24. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 25:—POSTING-OF TA XIEiAB TELEPHONE-NUMBERSt: T-axicab-telephone-numbers-shall-be posted in a visible location. N:DEV\CONDI NS\20t1\NSC49-5 i_CLP_EXhibitA.docs Town of Los Gatos Planning Department 110 East Main Street Los Gatos, California 95031 GARDINO'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California March 15, 2011 LETTER OF JUSTIFICATION liAE 172G11 TOWN- LOS GA-L c-- PLANNING DIVISION Gardino's Restaurant has been a well run, welt managed family dining restaurant in Los Gatos for aver 18 years. It is family owned and operated, and represents the type of successful local business which helps make Los Gatos such a popular and dynamic community. Gardino's provides high quality family dining at affordable prices, and is a major contributor to the community at large. to its 18 years of operation, Gardino's has not had any police or Department of Alcoholic Beverage Control issues or problems. WHAT WE ARE REQUESTING The space adjacent to Gardino's on the south side is becoming vacant next year. The retail tenant is relocating her business to a different location in Los Gatos. Gardino's proposes to remodel the interior of the restaurant and expand into the adjacent tenant space located at 49 North Santa Cruz Avenue. Modest improvements in keeping with the architecture are proposed to the facade. The proposed remodel and expansion will provide additional seating, a waiting area for patrons, a food service counter for single diners and couples, and a food service take-out counter area. The expansion will enable the restaurant to provide for an enhanced family oriented menu, including full alcohol service with a type 47 restaurant license. The food service counter and take-out service counter area will function in a similar manner as now exists at Willow Street Pizza. HOW THE NEW SPACE WILL BE USED The goal of this expansion is to enhance the dining experience for Gardino's customers, whether they are customers who are waiting for a table, eating at a table or obtaining food 1 Exhibit A.I of Attachment 2 on a take-out basis. The current restaurant has no waiting area and no separate area to service take-out business, which represents a significant portion of Gardino's business. The expansion will provide a defined waiting area for patrons. It will also provide a defined take-out service counter as part of a proposed food service counter. The food service counter will provide additional seating for singles and doubles without the necessity of occupying larger tables for smaller parties. The addition of this space will also increase the seating capacity for the restaurant while at the same time giving the business a more "open" feel for the patrons. The existing bathroom in the adjacent space will be remodeled as part of the expansion. There will also be two archways added between the spaces which will allow access both in the dining area and in the area near the food preparation area of the existing restaurant. The expansion will bring the restaurant more in line with other fine dining restaurants in Los Gatos. SEATING CAPACITY Under the existing parking rules, the addition of the adjacent space will result in a seating capacity for Gardino's of 45. This would include both additional seating at tables and additional seating at the food service counter. PARKING Gardino's does have dedicated parking behind the restaurant as well as public street parking. There are also public parking lots nearby. HOURS OF OPERATION The current conditional use permit for the restaurant allows for daily hours of operation from 10 a.m. to 11 p.m. Gardino's is requesting a modification of its hours of operation to 10 a.m. to midnight on Sundays through Thursdays, and a modification to 10 a.m. to 1 an, on Fridays and Saturdays. These additional hours are needed because Gardino's wants to offer a late night dining experience for its patrons. Alcohol will only be served with meals and the kitchen will remain open at all times that the business is open. We have had feedback from our customers who Want to have this option available, particularly on weekends. In order to fill this need, we are requesting that this modification of hours be allowed, consistent with the Town's alcohol policy. SiGNAGE The existing signage for the restaurant will be relocated over the adjacent space and slightly enlarged. ACCESSIBILITY Br lrhttildittt3PNt es- dt'r.-ftriirirt.F.r.s -hir;. 2 ARCHITECTURAL. CHARACTER The exterior of 49 and 51 North Santa Cruz Avenue wilt not be modified at the upper half of the front. The lower half of the front will be modified to allow for an entry door at the south end of 49 North Santa Cruz Avenue. The remainder of the front will be a wall with windows and Italian tile. Gardino's feels that this exterior will be a sparkling addition to the street and a very appealing view for the public. Interior work will include the installation of a food service counter with seating and a take- out food service. Two newarchways will connect the spaces and the restaurant will have a uniform finishes and decor throughout. LOSS OF RETAIL SPACE This expansion will not result in the loss of a retailer in Los Gatos as the existing retailer is relocating to other space in the Town. There will be a loss of retail space, but this loss will greatly benefit an existing merchant in the Town. Gardino's does have existing retail space to the north of the existing space. There is also substantial retail directly across North Santa Cruz Avenue. To the south is another restaurant, Gilley's, but this business is not open at night. And, the next business to the south is the theater. The loss of this retail space is in an area where there are several other non -restaurant businesses which tend to dominate the streetscape. Gardino's believes these factors will mitigate the loss of this particular retail space. SUMMARY Gardino's has been an active supporter of Los Gatos in its 18 years of operation. Gardino's happily supports the Los Gatos - Monte Sereno Police Officers Association, Music in the Park, fan on the Plaza and the Los Gatos Music and Arts Festival. The business also supports St. Mary's Church and School. Gardino's has been and continues to be a very popular destination for both residents of Los Gatos and residents of other communities. The expansion Gardino's is requesting will improve the streetscape in this area of North Santa Cruz Avenue. in addition, the expansion will greatly improve the dining experience for the dine -in and dine -out patrons of Gardino's. Please contact me if you have any questions on our proposed use modification. Very truly yours, Pete Jill° THIS PAGE LYTE_YTIOI%4LLYLEFT BLANK RESOLUTION 2011- RESOLUTION DENYING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C-2. APN: 510-44-030 CONDITIONAL USE PERMIT APPLICATION: U-10-023 PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE PROPERTY OWNER: JENN"IFER WHITE APPLICANT: PETE JILLO WHEREAS: A. This matter came before the Town Council for public hearing on May 2, 201 I, and was regularly noticed in conformance with State and Town Iaw. B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an existing restaurant (Cardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. Currently, the CUP allows 19 seats, beer and wine service, and operation from 9:00 a.m. to 11:00 p.m. seven days a week. However, the applicant is requesting 45 seats, full alcoholic beverage service, and operation from 10:00 a.m. to 12:00 a.m. Sunday to Thursday, and from 10:00 a.m. to 1:00 a.m. Fridays, Saturdays, and holidays. C. On April 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. The Commission recommended approval of the request finding the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. Attachment 3 D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council_ considered all testimony and materials submitted, including the record of the Planning Conunission proceedings and the packet of' material contained in the Council Agenda Report dated April 20, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the requested modification of an existing CUP is not desirable to the public convenience; will impair the integrity and character of the zone; would be detrimental to public health, safety or general welfare; and is not in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. This finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011 and the testimony received at the Council meeting on May 2, 2011. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV,B), as evidenced by the findings made by the Planning Commission on April 13, 2011. RESOLVED: 1. The CUP application U-10-023 to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation is denied. 2. The decision constitutes a final 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 by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 2nd day of May 2011, by the following vote, COLS, CIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TIIIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2011- RESOLUTION DENYING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT (GARDINO'S) TO ADD SEATING, FULL ALCOHOLIC BEVERAGE SERVICE, AND MODIFY HOURS OF OPERATION ON PROPERTY ZONED C-2. APN: 510-44-030 CONDITIONAL USE PERMIT APPLICATION: U-10-023 PROPERTY LOCATION: 49 & 51 N. SANTA CRUZ AVENUE PROPERTY OWNER: JENNIFER WHITE APPLICANT: PETE JH LO WHEREAS: A. This matter came before the Town Council for public hearing on May 2, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approval for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. Currently, the CUT allows 19 seats, beer and wine service, and operation from 9:00 a.m. to 1I:00 p.m. seven days a week. However, the applicant is requesting 45 seats, full alcoholic beverage service, and operation from 10.00 a.m. to 12:00 a.m. Sunday to Thursday, and from 10:00 a.m. to 1:00 a.m. Fridays, Saturdays, and holidays. C. On April 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. The Commission recorrunended approval of the request finding the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan when the ABP and Ordinance 2021 is interpreted to encourage a mix of uses, small town character, and existing businesses. D. The Town's Alcohol Beverage Policy requires any new application for the service Attachment 4 of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for alcohol beverage service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively impact residential neighbors, alcohol related incidents will not occur, and when the application will provide a positive impact to the commercial area. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town 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 April 20, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the requested modification of an existing CUP is not desirable to the public convenience; will impair the integrity and character of the zone; would be detrimental to public health, safety or general welfare; and is not in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. This finding is based on the evidence presented in the Council Agenda Report dated April 20, 2011 and the testimony received at the Council meeting on May 2, 2011. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the Planning Commission on April 13, 2011. RESOLVED: 1. The CUP application U-10-023 to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation is denied. 2. The decision constitutes a final 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 by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 2°a day of May 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIO \?4LL Y LEFT BLANK CONDITIONS OF APPROVAL —May 2, 2011 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo TO THE SATISFACTION OF THE DIRECT OR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below, in substantial compliance with the development plans noted as received by the Town on February 25, 2011., and in compliance with the applicant's letter noted as received on March 17, 2011 (Exhibit A). Any changes or modifications made to the approved plans shall be approved by the Director of Conununity Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20320 of the Town Code, unless the approval has been vested. 3. APPROVED USE: The approved use is for a high turnover (sit-down) restaurant. 4. SEATS: The maximum number of seats shall not exceed 45. 5. ALCOHOLIC BEVERAGE 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, Iunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 6. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 12:00 a.m., Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 7. ENTERTAINMENT: : Live entertainment is not allowed. 3. UTENSILS: All meals served on -site shall be on re -usable utensils. 9. TAKE-OUT CONTAINERS: Any take-out food shall be served in recyclable containers. 10. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing sits or installation of new signs, 11. CERTIFICA1 E OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 12. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Depai Intent must be obtained prior to the commencement of any new or change of use. 13. DELIVERIES: Deliveries shall be Iimited to the hours of 9:00 a.m. to 7:00 p.m. 14. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 15. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to comm. -cmi..at of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use andfor issuance of building permits. Attachment 5 16. TOWN INDEitiNITY: 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, and may be secured to the satisfaction of the Town Attorney. TO THE SATFISFATION OF TELL- DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 17. TRAFFIC I_MPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $11,410.92. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on use. 18. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 19. OCCUPANCY AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Department for review and approval prior to commencement of use and/or issuance of building pennits. 20. EXTINGUISHNG SYS 1 EM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and/or issuance of building permits. TO THE SATISFACTION OF THE CHIEF OF POLICE: 2 h. 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. 22. 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. 23. TRAINING MANUAL: The restaurant operator shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the Califomia Restaurant Association. 24. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 25. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N: W EwcoNorr`S'201 rNsc49-s r_CUP.docx Town of Los Gatos Planning Department 110 East Main Street Los Gatos, California 95031 GARDING'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California March 15, 2011 LETTER OF JUSTIFICATION -PiAR 17 2011 TOtA(N GF LiriS GATOS PLANNUSIG rDIVISIO7.i Gardino's Restaurant has been a well run, well managed family dining restaurant in Los Gatos for over 18 years. It is family owned and operated, and represents the type of successful local business which helps make Los Gatos such a popular and dynamic community. Gardino's provides high quality family dining at affordable prices, and is a major contributor to the community at Large. In its 18 years of operation, Gardino's has not had any police or Department of Alcoholic Beverage Control issues or problems. WHAT WE ARE REQUESTING The space adjacent to Gardino's on the south side is becoming vacant next year. The retail tenant is relocating her business to a different location in Los Gatos. Gardino's proposes to remodel the interior of the restaurant and expand into the adjacent tenant space located at 49 North Santa Cruz Avenue. Modest improvements in keeping with the architecture are proposed to the facade. The proposed remodel and expansion will provide additional seating, a waiting area for patrons, a food service counter for single diners and couples, and a food service take-out counter area. The expansion will enable the restaurant to provide for an enhanced family oriented menu, including full alcohol service with a type 47 restaurant license. The food service counter and take-out service counter area will function in a similar manner as now exists at Willow Street Pizza HOW THE NEW SPACE WILL BE USED The goal of this expansion is to enhance the dining experience for Gardino's customers, whether they are customers who are waiting for a table, eating at a table or obtaining food Exhibit A of Attachment 5 on a take-out basis. The current restaurant has no waiting area and no separate area to service take-out business, which represents a significant portion of Gardino's business. The expansion will provide a defined waiting area for patrons. It will also provide a defined take-out service counter as part of a proposed food service counter. The food service counter will provide additional seating for singles and doubles without the necessity or occupying larger tables for smaller parties. The addition of this space will also increase the seating capacity for the restaurant while at the same time giving the business a more "open" feel for the patrons. The existing bathroom in the adjacent space will be remodeled as part of the expansion. There will also be two archways added between the spaces which will allow access both in the dining area and in the area near the food preparation area of the existing restaurant. The expansion will bring the restaurant more in Line with other fine dining restaurants in Los Gatos. SEATING CAPACITY Under the existing parking rules, the addition of the adjacent space will result in a seating capacity for Gardino's of 45. This would include both additional seating at tables and additional seating at the food service counter. PARKING Gardino's does have dedicated parking behind the restaurant as well as public street parting. There are also public parking lots nearby. HOURS OF OPERATION The current conditional use permit for the restaurant allows for daily hours of operation from 10 a.m. to 11 p.m. Gardino's is requesting a modification of its hours of operation to 10 a.m. to midnight on Sundays through Thursdays, and a modification to 10 a.m. to 1 a.m. on Fridays and Saturdays. These additional hours are needed because Gardino's wants to offer a late night dining experience for its patrons. Alcohol will only be served with meals and the kitchen will remain open at all times that the business is open. We have had feedback from our customers who want to have this option available, particularly on weekends. In order to fill this need, we are requesting that this modification of hours be allowed, consistent with the Town's alcohol policy. SIGNAGE The existing signage for the restaurant will be relocated over the adjacent space and slightly enlarged. ACCESSIBILITY Both spaces are fully ACCe3iliir.. 2 ARCHITECTURAL CHARACTER The exterior of 49 and 51 North Santa Cruz Avenue will not be modified at the upper half of the front. The lower half of the front will be modified to allow for an entry door at the south end of 49 North Santa Cruz Avenue. The remainder of the front wilt be a wall with windows and Italian tile. Gardino's feels that this exterior will be a sparkling addition to the street and a very appealing view for the public. luterior work will include the installation cif food service counter with seating and a take- out food service. Two new archways will connect the spaces and the restaurant will have a uniform finishes and decor throughout. LOSS OF RETAIL SPACE This expansion will not result in the loss of a retailer in Los Gatos as the existing retailer is relocating to other space in the Town. There will be a loss of retail space, but this loss will greatly benefit an existing merchant in the Town, Gardino's does have existing retail space to the north of the existing space. There is also substantial retail directly across North Santa Cruz Avenue. To the south is another restaurant, Gilley's, but this business is not open at night. And, the next business to the south is the theater, The loss of this retail space is in an area where there are several other non -restaurant businesses which tend to dominate the streetscape. Gardino's believes these factors will mitigate the loss of this particular retail space. SUMMARY Gardino's has been an active supporter of Los Gatos in its 18 years of operation. Gardino's happily supports the Los Gatos - Monte Serene Police Officers Association, Music in the Park, Jazz on the Plaza and the Los Gatos Music and Arts Festival. The business also supports St. Mary's Church and School. Gardino's has been and continues to be a very popular destination for both residents of Los Gatos and residents of other communities. The expansion Gardino's is requesting will improve the streetscape in this area of North Santa Cruz Avenue. In addition, the expansion will greatly improve the dining experience for the dine -in and dine -out patrons of Gardino's. Please contact me if you have any questions on our proposed use modification. Very truly yours, Pete Jillo THIS PAGE INTENTIONALLY LEFT BLANK CHAIR SAYOC_: We are now At Item 02, which is at 49-51 North Santa Cruz Avenue. Tt's a 0 a PP 0 a 43 7 .e 0 a G 4 ti re G 0 • tl 0 43 43 6 43 4 0 q n .4 c0 w 4 C. Nal _ 0 0 U p .. i I 0 G H 43 EI O ri • tl - C 4 O C y 43 43 3 4 �Cy 1 N C 4 O 0W f: L 1 .• S In E C O Y '4 41 L H. 1 0 y 11 .e a- o 0 43 ,±4 u 0 y •n 0 N d .r = .N a m 0 G 0O a C 4 4 m >' CL-_' W +i w m • mi J 4 4 • C • 43 C ? • '0 N e: (1 4 U .0 • l+ C • C. 0.)y " ''1 Pi • H J P are o 0 0 14 ea '6 C E. 2 .� G k e; O y2] N .0 y "4 3 ▪ 0 N y E in c al0 C C F O ae O- O Li 1 ''0 0 • H • oe 0 S y_ F 0 0 0 ▪ 4` 4 • 4 0 eF IF0 C C Pi �0 A V 0 0 4 P,. U M Y t0 U 0 G 0 Garpino's, co th Santa Cruz and is proposing to expand into 49 North Santa Cruz The Applicant's request includes 29 additional. Seats, full alcoholic beverage service, and modification 11:00pm Sunday through limits alcoholic beverage service to Saturdays, holidays, and Thursday and 1:00am on E'ridays, 0 43 43 w a G 43 M '3 U C 4 O 0 &s.{ W O 43 0 43 FS TC43C • 7w 0.O+ N G 0' O v 0• 0 w 0-440 43 N 0 4 00C-60 4 L rs E 0 tl ££U i- h 0 0 O 4 0 O C 0 4 E O 43 0 U 0 4 T '+ d G 0 't'own Atcorney: T a a 0 Attachment 6 mi.ssloners, lave a question g t .c 0 0 N a c Ol L a T. G 4 » C F V 0 C ' U h 'O USSIONER JENSEN: U t'.a the Alcohol recommendation to Mown Council, but JENNIFER SAVAGE: It would be a recommendation, 4 2. 0 Ors V0 G and you are correct, on the first a the recommendation does not inc7.0 recommendation, hut the action on the second page do make sure. CHAIR SAYOC: Commissioner O'Donnell. should answer it• th.ia has a Staff recommendation of strong denial, and S understand this recommendation of strong G 0 J H » ' C 4 4 tE c 4 N C 4 x 0 U 0 .{ 0 4 a u a 0 c3 0 33 0 4 0 J 44 N D '3 N -'4 m T H C 0 '3 C 0.) ti 4' the l'Town's policy is contrary to what .is b 3 O 0 0 E c n > o -4 H c 0' a 33 4 41 >. 0 0 0 tot H li L 40_+ W C 2 C G C. O F ot 0 G ! inis O N C T G v E f c c' c 111 conflict with the Alcohol:. Thorn by one hour. Ordinance 2021 discourages the dim m 0 G 3 V U Y 0 m 0 C q V0 G E m C 43 n v 0 m el 310 V 'c c 0 V30 c S. 0 K 0m L H u q c 'q 0 F C . 4 t 0 " S. 0 A % F a 0 . G ti m 14 0 3 m 0 3 0 0, '-• t a -4 44 -.{ S. H 3 0 3 a z N a '1 V F VI 0 '3 E.ry j 0 C 0 R 3 0Li 0 0 U a 00 G a V 0 V1.0 H ttotu a 0 3 0 a c 0' c. e 3 a 0/0G .-' m m 0 a 0 ++ a G u 4 .0 4 0 0 F Cr V I,4 G. 0 H G q al b Y. E0 3 0 i 0 4 CJ 0.c LLi Pursuant to t: than 9:00pm peak -hour traffic tri 0 .13 0 v a 0 2 e F C 4 =T a >. V 0 U A 0 m „. C. H i 0 w 0 m 00 m F 0 El P C. G a i3or of increased outweigh the the project to the Town 0 a 3 G r G o F a F mei a G 0 U m a 9. Wt L 4' F G Ec C U -F u 3 z o c 00 O ' F 234 G Y a v U -03 m 4 G m 3 CO G 0 G' FOE 0 0 C C c. u m V 4' S. w 4 3 q 30 m a 44 0D N A 0 .3 G 3 0 0 0 a 0 The Applicant propos EIL 0 ri add to Ms. Daily, COMISSIONER .IENSEN; 70 }\\\\�\ 1 \\\\\\\ 000004. 3. COMMISSIONER JANE OGLE: 0 GUAM SMOG: ge Policy. One Of of Staff on the A.lcahotic Reve 0 0 0 0 Staff analysis found a alsoone of,, the areas whet• Requirement ff basically said new CUP conflict. tge 0 0 fi z. en CD 14 8 Li to 14.7 is to what extent, do we have discretion es the Commissidner 0 te COMMISSIONER JAME OGLE: Ju I am still new to and education about why the preference of retail over restaurant in the dow ze }rows question :{a SANDY' DRILY: l.y came after the LI 0 rts concerned that Loma Prieta earthquake. office space and. that developed pansies to ensure downtown area, so the Tows that retail uses would he maintained downtown so there. cri tn and the new Alcoholic Beverage t'oi.icy would apply In so much that the use involves alcoholic beverage service. issi.oner O'Donnell. U CHAIR SAYOC: The discuss.i,on we have COMMISSIONER O'DOI A J V 42 ll 4 0 40 U 9 y A v .cy that says we don't want offic O office use, we would 5 I understand the and/or restaurant and/or whatever, but R 0 policy as drafted, or as it .is in effect. now, say that, it basically says we don't want you replacing 9 Z. T 1 A Y.; V O , U C A v G >. 5T 0 L. C. A C t 0 0 y U C G O. 42 v-3 0 .3 v A F 0 x 4 y } A 0 a 71 0 i-i4 O V 0 1 T 0 y 3 A ti,G `A K 0 4. 1 G 1 A V C C 0- 0 W J c 2 E j L U 1 C A A 0 r -4 } v C 3 C v A 0 0 0. A' — n m 4 + e at a restaurant use regard, no, it does not say you cannot 1.6 T G O _C G C n C G L .E u .- L v A .t U 7 4 0 4 4 O. G v A 0 • 0 4 0 0 ++ c So the deciding body COMMISSIONER O'DOP that correct.? here will be the Council, we can delineate between the two? Y O to C t> •Jt C C o• o a,C A s ° u V w c u aA A 0. n N M O A U C F > o C N 9 O 0 0 N o0 n _ c C 3 4 C 0 - 0 or p o m A e A t t+ 0 t' c i VIi ri N a C - G A n a U % C 4 i 4 q 3 GC A V 0' u 0 .N. a a YL 0 a J A n 0 X 2 E 1 •. V _. ,I 0 R diC inC >• 0 0 A 9 C A 0 4 „ 1 L O V L > ,A, U c w a A .c 0 0 0 44 G C 0 P. 3U A dv. 4 9 0 l C esA C '3 0 A C U L 0 4a IE:NNIPCR SAVACR: for .interpretati.on, ew applications and this would be a new it does say application. y S. 0 F — +2 0 c '0 >0 0 u c V O' t+ c r. a A O R '4 C n 13 0 0. 7) L 13 V A C p u 'J 4) 3 O O C o _ x y u 0 C .. u T. 1- A 52 0 0 U u 0 Cu 0 4-,_. a A W 0 > n0i O 2 4 j � C: .- 1 4 C a r. c. M O C a 0 tr..i .0 W I u +' A 4. N _ 0 A 2 > G: K O 3 0 u ua. A T A • J o':3 0 i 4 A C N C N 0 :.0 O V N 0 -' L LA 3 CHAIR SA'iOC: s this strictly within the Alcohol Policy? not apply to this. 0 4.1 u 0 w 0 30 G 0 < 0 O T — 0 t x 0 0 0 i c 4 ry J 4 > i 3 G a 7' n c• a 4 n 4 L 4 Ol C 0 o x N • a d t' Y c µ c It Y ,4 O a 4 L q 0 0 U L ro w C O m L c F J. 4 'C L a C .4 m v a 0. 0 I"O .0 a 3 c C u -4 x 14 a '2." 3 3 C C v N .4 a u n m m 3 H 3 m 0 0 0 0 .0 4 0 The other, thing this will allow is that Gardi.no's _. a L L O i 0 0 EO O 4 +2 C 0. .� 4 0 N L .4 9 o 3 % N L 3 4 5 O C Y 4.1 - 0w N C O v G li Z y C a P 3 0 o 'A 0 0 Ai W p U v a,u .L o c a n n O tl 44 0' N L c •4 w 4 a" C 4 0 .0 E v E v a P. 4 by scene for the Town. L th improveme o 1 think you've got and improve nd appearanc pedestrian traffic allow this expansion. the business itself to • 9 0 0 L u 1i now going to move and her' had two businesses; operations will be out of one. have the policy with respect to retail.. Pete reet and through the nik up and down the and I took.a al vacancies for retail, Town the other day. There. are seve COMMISSIOMER O'DOSSM1.1.: call the Applicant and we'11 begin our public input S 0 Y. five minutes, Mr. Kays. GREGG RAYS: Good evening, my name is'Gregg Kays I'm here to address you on behalf of Fete fillo, the Applicant. I suspect most or all. of you know Pete, seated right there in the front and he's been somewhat of a is for over l0 years and .it's a very popular place,so popular in Eact the reason that we're that that's 0 recognize that people come in to get takeout food, hpansion will but .it will allow a defined c* a allow is not only more waiting area that the restaurant currently does not have, w c E ct a o C m 0 0 +' 0 9 C• O N N .4 M 0 U C 0 L O ra ~ a C v 0 W v 0 o 3 0ar 3 OC O v - 4 N 3 U N u a C restaurt h better experience for the patrons; they won't ill be better for foot feel, so cramped and pushed on. ft hts people ha because now on crowded n it wink, also allow the people who are 4.7 C 04 44 H 3 u 0 01 140 V 14 remarkably well., but with difficulty. Dow I would point nut the police had no problem C C G G 0 C C 0 • O t. 4 N C 14 42 j Li. 71. N T 14 0 U C N 4 4 J 0 V L 4 . VI_ 0 G G U m J 14 0, u f' % y G C V M F1 3 m m 0 9 c 0 00 r i U 0 !: ti 3 3 0 0 0 0 O M fl 0 C 0 C N V 9 l O L 0 0 A C C 4 4 > 14 C 4) 44 L N o 0 l C 0 a 0 4 II 1 .A t 0 e3 0 N G > a C C a he happy to respond. H of Mr. Kays? Okay. to have three minutes to come back and everyone has spoken you have L 14 > Y V 00 G" C Pl Y. 0 v 4 N 4 0n 4 N 0 L L v 9 ' ta closing comments. will have three m. podium, if you could j • 4 V L ED BELLeZZR: Dover Street in Los Gatos and I've been going affordable food. 14 0 LV. •.n L iv N C 0 c 14 0 C y 0 C > 1 4 .0 .-. y ' 0 .0 O C 4 -0 r O C N .. 0 4 _j q m ~ N .- T P 4 G V 4 N C 4 L G D C ¢. 4 J 14 i 0 f 4 .a 0 N 4 m .0 C 0 G C G q > C. 4 0 5 .� L 4 4 O P. O G C C L 4 i 0 U M 0 4 0 0 C 0 C 4 O C Lam 0s. O 0 C 0 C t q fl L 4 0 • 0 a- -.i Y. X C0 q T 0 4 p "0O N C a 0q 0 t N 9 C 3 3 U C 4 4 v , O 0 .' 4 v a.3 n 4 Ds 00 F h 1 N 0 L D .0 0 understand. what I hear about the is designed to allow the policy. the policy to Commission and the Council to control. this. It's not to prohibit it, it's t0 evaluate it on a case -by -'case baeis, 3 C 0 30 F N 9 F t You've probably heard these are all tough times and T'm not going to spend a lot : it's doing right supportive I can say there is: no re rat fundraiser, The second thing I'd like to talk about is the ebti and flow of what happens in downtown, because I've know this history, but Opal used to be Mason's Bar„ iced to be the Los Gatos Market. Dumas Restoration Hardware :ing Company used 'S restaurant. The Br used to be into town. There ership when I first mo to be a For .h.ings that happened as the market ebbs and Are a lot of flown and I don't think that it's up to the Town this space so much as. it is what the market demands. IS e prospering these there were very small retailers that vacancies would rent instantly. is to maintain the vigor, of the downtown andnot necessarily dictate exactly what's in each space. and then afterwards will be Lotus Mahon. Joe Caviglia 3'0SGPH CAVIGLIA: and I've lived in Saratoga and the Los Gatos area for about. ndal.e Avenue. 34 years now. I live at 19387 Al D ri 0 0 41 stay in their places, I thank tha speaker is Peter Carter, and after Mr. Carter Joseph Caviglia. rfttl businesses in this town one of the truly•won addition to the fact that they provide a very local C L4 t. 0 V A C J Y C ..I 4 A Y 3 C 4'4 0. .4 t X 4 V 0 C a N .0 u 0 C 48 u 4 7 4 4 m environment with one hundred percent local: owners brings them a >1/2 i) C C 4 43 c 1A.'n. t, 4 a 4 j y 0 ..i X 0 Cl 4 V 4 0 a N > 0 C :1 L u p E 4 N .2 a L A 3 L .0 U 0 > 4 N 4 ti y u 4 0 0 3. a. V In U 0 4: 4 q 4 t+ 0 A O. 0 r U s C C, U J '6 n W W 0 a 4 ii v0 0 73 O. 0 14 to a reasonable C 0 a board n er of the Po supportive. As a A a O J and S go to Oard.ino's frequently N T - - C. O _ K 3 4 0 t“a 3 0 c c c, 4 - c u - c • 0i▪ z m >. 0 C C N EN 4 ▪ J F O O O a E 0 _ C 0 - t_ 4 4 35 _ c C. 0 N 0 0 a 0 • N w WI H. O • 4 L • O • >, u _ O n N 44 E X C H i 0 1 0 O a w .0 C u O m T 0 Y H C O 0 u 0 0. .0 p } U L O 4.,C L N 4 • C O. (I Y > • H 4 c c :. x O • G 0 VI 0,17 H 0 O >. C n a K -3 y Y 0 4 V N O E ti 0 G O N • E4.2 0 N0 • a P> 0 3 U' . O 4 One of the reasons co s t Ic ed because v m C 5 0 at w T. 0 .0 0 0 a >- that's where we end up going. personable a chain that's .in there. It's ve F .I, town common on my sense of community and a 4 0 0 n •K I've been fre u v, m r, 0 T T - T ti back, and that's why t u us all down there almost every single week. 0 N 0 0 0 L T O C E., .-, £ E G G 0 x 0 N E• N 0 4 0- ED 0 Y s 0 f 0 c C way, and anybody that's been down there can see that necessary And it would be doing an injustice to the to expand. Thank you. Any questions? Ok Y CHAIR ,SAVOC: be 0 Y H e 0. Y O n x LATO be a number of different benefits z 4 -4 u 4 c 9 N a 4 a 0 L L L C 44 A m N M 0 { a .a 4 0 N 4 u 4 4 atmosphere anc lesion to move to moat: responsible move for this C support Pete in this endeav ou. Any questions, CHAIR SAYQC: er i.3 Athena fterwards Jorirt ATHENA POG.IESE: 1i1, I'm Athena CI 4 of Gardino's. can restaurant another wonderful tied 0 4 c lien is second X can' t get Greek food, speaker had mentioned about Row because th certain time, do in Los Gatos past for us to keep the revenue that .Gardino's wan of having new stores open 3 a £ .4 here in our to expand into that space. . I wanted to stay in Los up that 1 can go to Sall speaker'is Michael Pelee), and then afterwards will be Athena Pugliese. Commissioners, my name is Michael Pelzel. T. liVe on SO2 0 C ▪ T C 4 C N 11.1 (4 O y { 0 P , W 4 3 ,0 0 N u '0 .4. y 4 a 0 0 C 0 0 { a ▪ • O '.• Gs C 3 4 0, 0 0 { O 0 0 p. L 0 4 fl C 0 0 ? T .0 A_ a '0 0 7 N0 C .-. I N 4 a• 4 0 1.1 0 E 11 0 r 4 X 4 0 CO 4 0 p O 0 0 0 (3 C. q Gardino's i.s the type of place that I feel u w 04 ID • 0 Y M•b ea - p C O. • F Q .0 _ 0 0 3 family a grea information that looks Recta on his window, so he this town. There are diabete .4 more competitive area 0 0 0 0 H 3 E E 0 0 0 0 si N .0 '0 a m C H 0 -a m a a° that with the ad Santana Row and some of t such as Palo Alto there 0 0 0 w • 4 C • N C N • 44 0 W u a C2 c 0 N 5, .0 v T H 0 .0 1} 9 U e the people that sell Por Rent making inoney'in this town should be addressed, and 1 4, :4 person to do that. and there feel that P o �_c L ? G % N 3 u s as 3 n i t. p• c rn E O a+ r Y 0 Y J 4 L t _ 0 eai 0 0 6 u 0 .0 9 a C G V M C J v Y F G l` O _ U 0 y - 0 x ro m ' u _ry i 0 T n ✓ + .0 . •• J 0 G U C 'C 0 > c a Y 0 L. C X t C` U G' r. 0 N _ � 0, 4, ri 3 - a a M E. L u L H O C O :` 40. 4' O V G L r' Ei � J 0 0 .CG t CI t N cIt a a a 3. V' 0 G 0 t L al_ r` Y P. C 6 'A O L j — U L :3 M q G .N re C at P R 0 4., > C U O C T al c c :< a .4 .0 .-4 .' u: 42 0 re Y 0 O u h 14 C 0 .elttat 0 3. N F r } 0 J 0 think tha things that 1 would hope that you cons when she h 3 c awoas and Borders was closing, it's like o happening to out town.. So 1 think if we can expand n 1- n n te a el 0 — C J O 1 L 0 J 0 J 0' C G 7 al 40 x t V1 0' m L -.4 i+. G r: N o C t L 0 3 0 3 tr a 91 el n 0 ^ H w '0 tat m c <3 n f2 to even the psyche of the peep consider that and I think it's a reall hank you very 0 0 5.4 0 a N v r F O .c Q zz Z Y Q N C' C3 E Cr a fa C" a" 0 O F Y V 0 9 C. 0 v M a H a .c a G at 0 C L 114 F 0 0 E O A L' L ant to keep that :h other and we ere we are lucky enough to he X a 6 0 20 0 0 03 41. 0 '0 m t 0 a O el C S 3 u z 0 t a> u 0 t C 0' .nFt CHAIR :KAYO OOAM SMITU: at to say after all of these 0 t hearing us. I: is and their observations, hut 1 G U O n H V O 0 at 4 3 L tel 0 F > TO 0ta 0 e 1 L r et a resident; I live at 120 Carlton Avenue. 1 am currently working at Restoration Hardware A 7 -1 3 N O 0 0 0 O — 0 0 el el 'l U :3 3 a tut 3 P M L 0 c n m 0 C '-a 9 i t 0 '0 0 0: that it used to be. tae at P.e.storat.ton Hardware have a gallery store and meat of our sales are done online, 0' C C 0 0 C 0 0 C 0 G 0 a, a c 'a a e G W 1 0 cl 0 G M C 0 J ~ atEt n Y C3 ntel q _3 0, G s 0 3 c N 0 3 n vv L i V 4 m 0- n 6 cOns.tder in and Z think e of i.es Gatos is, Borders, of with the closing of .Anteo and a lot of. other z M 0 v E L s y 4 0 L Y 33 3. c a 33 y i 0 v 0 0 0 u 0 X G X ., V X c H • J C C H C m a 3 a „ s a O a v > that extra hour that he does not have. now. 0 w o v a O1 'O a G .. J N O 00 3 a » pc o m G - C O C U 0 0 4 ..4 a a H c .r O 'i 33 . 3 0 c e. 00 G• 1 u >. O C H U Z. 34 E c 0 W 0 U K s+ 0 m K an CC 0 ' ti L 0 o a m 0 94 F 33 V P P N N 4 £ 33 C L 0 U C U E 0 m A C T 4 a y w 0 C: 4) > T 4 0)3 and I think it would be good for a wonderful thi But ultimately, since we don't make the de t would like to get some guidance from the Mown Council to be observed in have a policy that sees too, because w don't follow it all, that often anymore and the breach. W there may be good reasons for that. nut it's difficult to Sc it sounds to m all by itself, it sounds that I have. Mr. Mays, you have three minutes to respond, e heard has been. positive. but everything you' (inaudible). that Mr. Rays has declined the three -minute response just: r. z 33 e .. 0 0 0 -3 N N a 71, ,N' CI 9 L] C 0 o. v u c 0 G u ? o O o u T U 033 O 4 m aa. e F. G J m O -4 G >. T O y p m O - 0 ^ '33 y u u a 33 0 _ 0 0 33 3 11 U < 0' o L m _14 a � 3 v .ti T 0 a a a G ,^ A a N a u u a, U LF. 1 f3 G. K ••� 04 3 'c o c o 0' U . v a T 54 3a Y ..1 rs >' K Cn G. 0 O a D O -4 0 O Lv _ 0,0 >. 733 C 34 0. ' 0 it 0• o R 0 C 0 .P >• n a .. > 0 Is MM of conformance with the'Alcoho.lic Beverage one would be out 0 O not sure say it's important, al," but ti c 0 re clefinin nmetb.ing that I 0 0 0 3 EZ Li recommendation, and the Co: attention to what w May, so why don't we On t CHATS SAYOC: 0 C. Tf you could If we understood Commissioner JUDTTH PROPP: :issioner O'Donnell has just shared, 0 C. 0 le el 0 0 0 \ \ { \ \ . C \ \ { o 444 40 0 0 0 \\13 �\\\\7.Oa3 73 0 then it would be nice to get sore e not to the extra So those comments reia :ansides for alcoholic service, but only very, very fundamental question before this evening. Would anyone like to make a CHAIR SAYOC: 23 et -4 it Ci 91 • re 0 en you say you were ti 4-4 ve always referred i Planning Commission and T U C. a .4 C' .0 0 T.N 4 0 a VDE m m P 00 044 N m © a e: C Y p a L• O 4 W ^l T 2 o •c m u C. a N U b• a 3 0 0 0, 4 m 4 a 3 0 s+ '0 k o T H Y N E, 0 pi 0 'V C D at a 44 L 'G 4 Q. a �% t4+ o -: Al 0 y Z 'E,A 3 L V at a 22 G F 4 C C 0 9 9 } w0• o w 4 - C 0 4/ H E+ T y U m • U F a 4 •1 0 .'4 a 0 E O E 0 00 0. E 4 c PIca u 3 al m 3 U t H r £ F 22 c O 4Fi a L F 'PI U a. 0 + PiU a i v 0. � 0 4 q 0 a E u > discussion the other night oneof the things that 0 m H Y 22 C. a et r mf K C 9 d 0 y a 4 u faj c a. N C 4 C AOJ N C U m a 0 m C a a v > .N y N ID 0 6 Y 3 3 C F 0 m 4 P O W D > should we be demanding retail on the North environment, T a D ar i al T W N u ° i E E o_ O k U a a a > a C N c m .a 4 u V O O 0 W' 3 a Y C 0 .4 3 g 3 a nC. a y 4 m 4) a 7 1 U a 22 w n N M 0 V m 0) 4 .4 ...{ m .a q y Y U W 4) 'C 4 x S 4 ci ,{ CaO Cf H C pi C a a 22 ., to try to Control market forces in .retaining various nk the overwhelming ould be a good thing. cakes. that th public testimony in as I recall I think if you look at the existing policy, T ti S a N 3 C 4 3 a a L 4 y a N E a-4 u c a s 0 Y t+ C N O 0 A T Y N 4 E ro a 0 N a 4 t a 44 m L K m c 0 m L 44 a .% 4 0 W ^3 and so it tried to develop policies that would keep L C O Of E .0O 0 COMISSIONER CHAIR SAYOC: lend approval of the application to the Town Council. Just addressing Commissioner O'Donriell's questions, certainly we'd like guidance From the Town asing numbers of this type of Council. We've had inc E. U application that have to make decisions on the could be reviewed and it's no longer applicable it m a So by th',i,s body of changed and it's under, review now. making recommendations which may not fit with the current citizens, then we leave it to the Council to decide whether hether the policy should be or not and that makes sense changed, and I think we also encourage the Town Council to 0 H 0 0,1 4-4 a cf 4) 4 C G a 0 0 G > E } 0 22' that are in process, because then the Town Cou m ,c 24 O 4 44 O 0 4 c 0 n a 4 2 44 4 m G. C a T y O_ L C 0 0 rn t F 42 0 a L a; addressed, hec t:ion that's come before the ype oP applic think similar -i 0 U E y 'n 0 4 2 n N J J ,- V 0 O N L N '6 U n 0 0 (J 4 o m W m 4 t D wo C - 0 O i'+ o a 0 ra u0 ° -0 0 W m C 0 X 3 fa. 0 C. U P. 42 O 3 0 E C ; desirable to the public convenience or welfare certainly heard overwhelming tent 4 0 G 5. 23 desirable. It's not essential. I members of the public that have come character of the zone." That's where it's more questionable sinews and we want to is changing and we have an existing 1 T n K 1 L 0 C' t U C C C N D L 2 V V : _ Wiv .0 0 C '0 u. x 4 D '+ a 0 w 0 .1 r 0 N 0 c U n j c o G a H 4 .r 4 D'0 1 u 4) A . u L 4 v 3 a 0 u 0 ) C } 3re 4 '0 u 0 0 m n c W 0 fa 0 0 0 u 4 .0 3 2 r 4 G 0' 0 m 3 4 C o. C O ' E. 6 J 2 R.N C O D C P. Vt 9 C 3 0. n 4 n' maintain and improve it, proposed use of the property is in harmony mix of.uses pedestrian traCf 2 0 0 2) 0 >. V 0) s 20 3 r - 3 =0 4 2 2 K K G N_ 'U L' L C 2 u 0 4' C 6' 43 E 43 4.....4 J O 0 l C 0 G J ✓ 3 >` t C C m 0 0 X L' 4 X u- D '' 0 4 0 m E „ La ..--Ek 4) 4 O E m F 0 T b L W J 3 [n u O 'C Y a0 3 h C 0 0 e-. >. U. a) .+ ✓ 2 0. E 2 1) E 3 9 A a9 0 0 4' °' ^ O 4 t W 12 4 y 0. u E b` V 0 K y. G 1 ^ r n U 0 = 0 2 L 2 0 C 0 C E P J 4 L 0 N A .0 u m 0 J H W 2 :., 'O o t 0 .4 4 e! m E 6 c E W C L 3 A ` 3 J 0 0 o. R C' 4 .4. 0 _G -. 4 0 y C 'f. W_ C C 2 1 2 m 2 m F 4 G. ._ n C u rt S R C. S C c 0 t W 0 y 4) m C _ .0 .., m G ; m .2 N _ 2 Y 0 3 2 t N W .- 0 W_ R O C' m 9 i+ 2 V '0 ^ 4) "6 L J Y V 0 T. 4 C M1• ^ .A 0 43 y 0 J _ c y _ l E -2. C y, q 4 J C 0 43 • 4 0 U 4 W D D .: 0 0 ,_ 0 .i 0 a c 0 C 9) C O 9 0 3 0 r" G µ 4) 1 +) .4 lt ` d W 0 U _43 G U t u 4 4 W U 0 - m X C C C a. 43 C W K n W 0 43 '^ 0 a• S_ C O 0 T U ^ () 3 r 0 ._ .a U m Y i) v 0 m L Al R E 4 W ^ 3 2 y U R 0)O L x G D sa b '' 4 Y 0 G j '4 U 0' 0 0 u _ a.3 C ea d r asking ro parti.cuiarly change an historic facade, they' I'm done with my speech I'll actually make O IS 0 o e 8 ri 114 K2 LE 0. makes sense or vote for the I'll second the CONNISSIONER EflERSON: Ca 0 .1 2 4-4 0 14 01 142 0 0 / / CO 21 seeki.ng to find some kind struggling now because they cts people to the downtown area. of a balance that a vily dependent upon restaurants in They've become more r in the downtown recent years, so maintaining some vi is important, for the Town. 2. \§ be 3 23 as C encouraging a character and { \\(\\\ j{ love to have something that doesn't have its kitchen closed at iO;OO o'clock, and it does allow Los Gatos to compete is a good example for different business. Jazz on the Slat: to have something available to time when you'd retail that hopefully will people downtown nd though the App.lica come i.nand al Id be complementary ink it e.ise mention it, I t movie theater, so when pee omething to drink to me • E. ri 22 214 13 23 0 COMMISSIONER TP.LESFO C 0 0 T 0 3 0 43 On U O t 0 0 F 03 _ .. F - J t O .i F 0 2 F C O 3 c m E O i. 0 41E V i 3 0 u V_ U F m. v c c 0' >. c i a F+ c c 8 14 0' f 0 0 c m _ N i Y v° oc oc Y 0 a :i T V 44 u N L 'U 0 3 u W 4 ¢ k 0 O O Fi N 14 ea 01 .0 0 14 v v E £ 3 -3m N U 0 U F c .0 0 N u r s w '0 4 4 _ oO 0 c U E 0 ¢ V F 0 .0 a ¢ t0l COMMISSIONER TALE COMMISSIONER TALESFORF: rved on. that Committee and I know they WPC very much. I I really respect. excited that they're going to Y a before is true. There were many .times when t was thinking no piece to go afterwards to get something to eec. -4 m c 0 s q n O O v N o s. Nes u x o » 0. .14 E u oo Y '0 ,, } > 4, 0 a 0 0 F O 11 0 4 .V 40 0 ro 4 c it C 0 0 c% .. .0 C o V u _ a of u 14 r E 80 44o „ 0 0 C u N N 0 6 v .1 9 G_. e. E 0 m v v T O E .c 0 G m 44 13) 0 0 u 3 3 F E n 0 L O 0 V 0 10 What the be one that we would want to support the expansion of and support this motion, but I did have a question. b what I wanted to say. 0 U to .0 n 0 u a v o 4 C N 3 3 0 e F x 0 0 0 N 7 0 .0 0 what I want come back to us or 4) O a • 0 .41 q ..i 3 v .0 3 E V e 3 .0 f' Y • v s U r 11 0' m 'u G C 4 O v n Y 0 O o0 U E 3 L O u 0 41 C 0 4 c N ..i i 3 0 been addressed yet. time the changes have JFNNIFER SAVAGE: At 1 been reviewed and approved by t: the Development Review Committee. c F 04 v 4 04 N fa LI N r• - O rn about it or we think it makes sense. 'Frain the ste.ndpoint of precedent, it's just 44 i. U y p O .0 U u P.Aia Q M 4 m 4 .6 44 4 .0 C. 0 0 - 44 14 C m 4 4 0 446 O O 44 0 q S C U 0. .44ot 3 'C 3 0 .4 C 0 44 0 44 0 0 0 Q 4 y 4 0 0 y 4. ) It 4" L 14 G b O L E u 9 0 4 U 44 4 v 4 'O StC 4 4 4 C 4 4 4 4 4 .00 44 C 4 + y 4 44 L H L.> 34 44 3 4 .0 6 4 0 O 4 G C 0 R 0 .4i 3 d, u -4 4) ti 8 0 D. 40 4 0 £ 4 --4m 44 44 4 C. 4 4 0 .4 O 0 41 L C y 44 4 42 C T O 4 v1 4 4 G y4 U C 4 Q ., C .u' > 9 U 0 4 E Q 4 o E O 02 44 V 44 C 3 34 0 'Ci L C Y 2 4_ Y 5 y U C 4a 4 L II Ti'Q H IS 'o an say we've it would be nice if we did some and things like that. decide to do that as we're doing studies on that before w O N 4 On our Desk Item La could see that C. i.ntemherate comments te, us, b t, are you guys doing? What is the. side, that is to say paint of having this policy if ,you happen to like somebody who tames in, does a good job and it makes sense to you, 4 the policy or we're are either ` S C 11 0 N 4 can't do that, because they're the ultimate can say we ught I had, and 0 01 0 C 44 4 H t Ti L 0 4: '1 S .0 the reason they were moving out: was a good thing, because are expanding'. So I .looked at that space as 33 4 bator„ if you wi.l.l., hecause rof the size, and C hoping. that we can develop a mixthat doesn't totally O 42 G 0 0 44 0 4 R 33 0 3 F u 0 Q 0 0. 4 did hate that thought and L will. Data that on: if th that. But other than. Council wants to evalua a goad thing. nothing wrong with mote k You, Commissioner O'Connell, CIIRIR SAYOC: did you wantto add anyth O U Q J .M.4 0 Q C G V 0 E 44 0 • 4 O 4 44 H 0 4 i t 33 4 O W J 4 '+ 2 44 f W C0 4, E v ..0 ti 4F P P COmmIssIONPR 0'a and on page five, whichwe'vebeen, referred to, of den:i.a1., why they couidn ee.lieve that's because Staff is simply following the policy and that's what they 0 •4 0 3 e Q J C 0 0 '4 4 3 h 0 Q 44 4 4 et we're' doing, on a case -by -case bus and we don't know what ru de an ad hoc decision about cl i to support the General Plan in general we 0 0 0 o 3 4 O o is o J Q i N go u m 30 E '0 N rl C u trl .0 9 0 n a 0 0 U U C 4 V 0 P L N V ,0 N (0. Y .. a u C a C N T 0 C J E J 4 E -N 3 another set of hours of operation for a restai and maybe Staff car and I'm wondering, s 3 0 ere some consistency there? It was hard for Inc to nderstand. JENNI.C'ER SAVAGE: N 7 el V a c c 9 cz t E L C N 44 C 3 `. le c) N 4 0 o G L 0 G € u 0 44 "4 O 40 9 0 C al 4 E N M `4 .+ C Le 0 M 0 Y 0 0Pi C C E 0 u 0 N U 4 5, a c 3 N U 43 0. V tl 0 G a O Y O U ea .) 4 W G ..! vs 0 N c e; o uO to N O O eL C ) <. t 1 0 i Y U m C D N u 3 E u m D M 3 O C t O 0 H m C » o w 3 O c sidewalks at once. It's something that Coney, whether L c v `el 0 T m a 0 a GI • .4 ov e+ v 0 1 3 '{ ti 00 0 M 0 O' N A 00 > c t A D a N n 0 N 0 4.4 m N a n c 4, J 0 C Li 0 C a w .. N e c J +. F C. 4 O 0. N .94 c LI V E ..t G .j v E, ' Y a 3 91 4 0 Pl C X '.4 D 3 1 L M 3 a know. So we all sit around and talk about online and we cut of hand Oho Town policy. talk about this and we rejet u. .-- o y yl i i n c C T N V N fJ . N V _ a 0 a o 5- -. 3 0 S C .. 0 O .0 ..0.44 vi Yai N .-• C 40 i '0Lei C_ V a 0 N a m 3 ~ 0 1 2cr. c c F M E ., q 0 J v Ti 0 al c ti -c 0 ° 0 .0 C0 2 G 4, .-< c o, 0 Y O — C O r Y 'O 22 3 approve it:. C 4 u 0 U 3 3 el 0 .0 H f- C A a 3 V 3 E 0 .i c e m 4 E N t 4 0 1 3 .N 72 c 0 44 4 G J u+ 3 4 0 O. N a 0 41 L R Ei N U c 0' - J m ~ 0 0 10 0 a. t+ 0. N At0 4 ,v 0 = a 74 - s ., 0 m W "y 3 O 0 O C' `94 -Eo N E 1 c N 0 '0 3 0 r. 0' D 0 O 0 C 0 0 7 91 'O V V 0 O 0 3 T. G 0, L O w » m business, I don't find that to he a very helpful way tO run 4 u 9 CHAIR SA?OC: Com Thank you. I will. a COMMISSIONER 14 0 C C 0 O T n 41 0 5 E > o • F u C 0 3 o C 0 n k 4 L 0 c m t? .0 n o 4 O V 4 3 0 m D N pk C C C O 4. r O since January and this is at Least the second time that t I guess I'd like to COMMISSIONER ERERSON; C E 0 14 a 0 C u 3- 0 h 0 L 0 0 .- H G 0, a A 9 0 W A C li 0 0 V C 0 m 3 ^ E U 4 A 3 u 0 0 0 j 14 4 V Y 0 3 c c C V al M ..t c A ^ m C N 8 li b C l 0 ..4 u 0 '0 L 0 A ..0 AC .i '0 14 G 0 0 43O 0 .0 al C '0 0 0 H Y ti n al L e. C 0. 0 C %.0 .0 41 •• Y fl 3 u O Ti 00C. T. W 00 43 C 44 t. 0 la. 43 N C 44` H2 0 0 0 '.i G H „ V 0 .0 '0 -Y 0 0 'p y a 0 0 .4 0 Cl C .i al ..,} 0 -C 0 U C '' 0 E. C Y " € m t* 0 n 4 0 -[ C ..- 0 5r 0 2 0 0 T. 1 U a 0 C a N m 0 m o T 0 ;b 4 v 0 0 V u 0 4 .0 V y 0. 0 4t m C 0 0 tl u :l 3 0 v t0 „ e0. 0 43 0 0. '8 L V yl . 0 13 0 0. c n 0. .44 "4 .0 W. 0 E 0 C q C LI a u 0 u �u w 5 .s o C 0 in it d N 0 0' V y 0 3 C n 0 V u 4 . 4 R q y E C L J 0 0 ~ 0 O 0 c a 7. w u 0 some numerical squarefootage comparison of there is no I absolutely share the c balance, and I guess I would want the Council to help us the proper balance at the time that understand that: wa ance was adopted? If that were the proper balance 0 13 14 O. 0 0 ✓ 4 0 A A y N A P u 4 W 0. 3. 0 m C 0 C 4 ra J 0 al.0 k m N „ 6 A T4.3 .3i I A C 0 o .0 D C 0 0 .'Ci L are we s balance that there is. now? There is no numerical valuation But I guess I do feel a bit different about th n ti .i 0 24 0. or not: there Should be something that pe that Iias yet to staggering of the hours of operation, bu be determined. CHAIR SAYOC: 0 0 C 0 C 0 A L } m q 0 O u 44 0 -C J C 0 Q 0 a m F d findings within certainly see strong reasons community benefit, again I see that. Similar with Commissioner O'Oonn move beyond, 'There have I:een several something that I can' a 0 0 0 44 C u 0 and the most applications before us, en that was before the wine bar that was approved, and 'm completely in I.11 be the 43 a u C0 e 14 .. 0 u t1 t L y 0. a E C c 0 N 0 0 0. A L k 40 a t- Gl C •n 0 co co 4 54 N 4! 0 c ended, but wi first one there when you are Toner I can do, I have C. U 0 0 0 0 k A c u 0. .. E 0 v 0 4 4 H w 0 al A .0 :l 3 M C 44 LI -al 0 0 i n, 3 A c a c L 0 C R u Any other comments? Co fine. Maybe retail is dead, I don't know. Mut exactly the point: I don't know. CHAIR SAVOC: en O A E. u Lzo W U C m W 5 L 4 C C J "4 U 34 C 0.1 m n 0. H 4 u .0 L 0 e a and those as everyone can CHAIR SAMOC: tit Lead to 0 T 0 0 i a a 4 u E by Commissioner Erekson, a recommendation for approval.. All r 0 r 3 u) r C >- -4 03 .4 W t: 0 0 C 44 r0 E a C o v IC 34 4' c a v a 44 n 4, C R m i 3 o c c O _ F a C a G .0 0/[a 4 f 0 33 L .0 L 0 J 4! _ _ 3 ti Z m o .. Ti T ma ' F 4) c m J .4 6 e 44 33 does pass diseentin be forwarded to Town Council wi.t:h scheduled out on the matter. C . o a c 0 0t c m .CI L } ' YJ m 1..t C m 0 m M 14 0 0 0 ' ' 0 '4 O O m 0 -3 - N 4] 44 C. el 4 0 m Jre. J 0 34 34 3 = V 4-) .4 C CL 0 C .v O < 14 ... - .. L U 1 C M U .. -.4 O H 0 . 44r. im G' >,4' 9 u 0 m 4 a a m O C 0 ' f4 C. w r, a e r J J 0 0 C L 4 L 44 m c e - 4-' a Utl c G c 0 0 O a V CC' N 1 d u a . .. G 9 0 C m0 J Y 0 - C 0 a C .>- 0 .0 Ni.e m 0 o t 0 J .4 r O 33 0 n 0 ..t V 0) 34i L Y ^ 4 £ 0 S G r 0 T y L C C 04 U G 4 C ? E 0 N 0. 0 m 4 H EE t0 0. U N U 1-4 C C ^ o u m IS m 0' r - c o E 0 C 34 3 33 ti U Y J O C C C U 34 C 4. W C a ..4 ta 9 a,a W .^ . N L C W. )4 _ C 0 0 0 44 C11 ad and do the really important that it get C to Cone ou to the Count c _ ?. W 3 0 C 7.1 00 E U C G O 4 n 9 r .'4 0 ^ 14 0 .4 T N 0 34 4 4) > Y. - E -0 • A t „ U G O G' 0' T C 3 V+ .0 0' > 3 14 W m 41 a05 0i 41 4- 0 tT 3 tr. ... W u C. o J .s , c- m u < .Y 33 el.w m 0 J 3 0 4 _ 33 X reC. C m 14 0 0 t MI ...4 0 41 9 'O 2 .0 'L H J: 34 0 -4. 4) 0 > .. Wa J 0 0 G. 0 _ _ 3 C r 3 0 C G.JN. 3 34 ) .0 U S C.. n .0 s m '9 U ^ 4: 0 m E _ _ W 33 c CC 0 m m 0 4 . 0 4.' >. u' r 0 ILR - C O > 44 0 m C 4) T Li la Y W .7Y4 e- p22 _ 4 33 z W m C U 0 4' u 3 U .1' U 0 4 a4.' E C C C N C a 0 41 m F. C ` a_ C 33 O. - 0 c a 0 L 0.. O E Y rF.' +_ _ 3 L' 0 0 0 t k you do that you don't get that. 0 E m k 0 f1 H 0 M Y O 4 Ei S E m O d C O C • 0 0 c o o • H Y C e v -i 0 IC 0 0 Fr e, .i N t o 0 develop a policy regarding •restaurant expansions, but we arkload. a.t: Where does that fit if obviously have a very large COMMSSSSCNFt o DQt beverage control issues too? re addressing the alcoho 0 hoping to have it done in early fall, but being pushed. out due to Our ether work ▪ E. P C T v fl rt C j Z H U _ G] r C £ h R = :J y m U H 2 2 Z fr. O G T e o ni c <_ c 0 U THIS PAGE INTENTIONALLY LEFT I3LAN7( TOWN OF LOS GATOS ITENI NO: 2 PLANNING COMMISSION STAFF REPORT DESK ITEM Meeting Date: April 13, 2011 PREPARED BY: Jennifer L. Savage, Associate Plauiner jsavaee@loseatosca soy APPLICATION NO: Conditional Use Permit Application U-10-023 LOCATION: 49-51 N. Santa Cruz Avenue (west side of N. Santa Cruz Avenue, approximately 160 feet south of Bean Avenue) APPLICANT: Pete Jill° PROPERTY OWNER: Jennifer White CONTACT PERSON: Pete Jillo APPLICATION SUMMARY: Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. EX"FJIBITS: 1-7. Previously Received with the April 13, 2011 Planning Commission StaffReport 8. Public Commenu (one page), received April 5, 2011 9. Signature Petition (34 pages) REIvL4RKS: The Town received one public comment (Exhibit 8) that was erroneously not included with the staff report. The applicant submitted a signature petition (Exhibit 9) taat consists of 476 signatures of support. GWUI lireti i Prepared by / 0 Jennifer L. Savage, AICP Associate Planner WRR:JS:cgt Tt\DEV\PC REPORIS'\4r',U ISC49-5t °eskd*ex Approved by:( Wendie R. Rob ey Director of Community Development Attachment 7 THIS PAGE INTENTIONALLY LEFT BLANK Apt 0211 12:15p David Sionesifer Planning Commission Apr Re: CLIP AppI: U-10.023 (Gardino's) Re; Removal of Re iail for Restaurant Use. You have no choice or do you? You have been sworn to uphold the rules and regulations and General plan that says not to do this but since you just approved elimination of a retail space for a wine bar it appears you can ignore regulations. Your excuse was that COUNCIL eliminated retail space for James Randall, Enoteca, Cin Cin, the new wine bar and the retail space next to Opa. You are expected to be dutiful servants and do what your told by following example. So don't even think consequences. Certainly this application is no suprise,l mentioned Gardino's desire to expand in writings months ago. You knew it was coming and you laid the groundwork for there by "just following orders". The basis for what Los Gatos was all about is our small retail presence. Mr. Prizinski claims small 1000 sq foot shops can't make a go of it. Ms. McNutt claims the town is not in the business of qualifying tenants. So just do their bidding like good soldiers, A by product of eliminating more retail space will make what is left more expensive and help us landlords make more money as we can charge more. It looks like were finally getting rid of Damns because she can't afford to pay the going rate on the street . Now we can bring a national. in that can. So keep up the good work. Get our rents up there by allowing more CUP tenants who can afford to pay more and make me richer by increasing rents and property values. After all that's why council selected you. A/2/( P 2q 2 -iS» lam 408-354-7042 2,2011 _5 2011 TO'MI OF LOG CATO8 CLERK DEPARTMENT EXHIBIT 8 THIS PAGE INTENTIONALLY LEFT BLANK Petition to expand and improve Gardino's Restaurant RRRTAIT 9 rn CD ' 2 tt ,w �� ' hA 5 • :� 1 v t, 17. ^' - `� u I G its r� u �5 to et Q ` Q O N 0 S ci- `� o --_-\ . 4 NI \L---: k I ?'tt h C V� `Vv�/J -� p 1 5 1 o -� 0 Petition to expand and improve Gardino's Restaurant e 0 o v V v CIE t n cel • u O R w a o Era, 2-6 u • c 0 n fra 0 G a 3 V ' 1 Cis et k � 'ram � `�\k Q ti .-\i . Z ° C G h. Z '4 ° r- _ � 19 rwe t 41 4 �_,% .11111110•10--.. ems} .. 5 , , _ J)4,4c.T T c/ cAor erro; 46P!1ct,„efLO TI n ..1 1 � S , ' (x z-I [ 31 i PA 3y. VIlb —‘NC G "� I" -n �• x �} p `/, G .� Q °- _i C V 4 a _ C� J. 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">-- -----, . --S• c.-• N . p 0 c L d ., to dd w 0 b) V C7 ° gi E 'b G Tb to ns tcl ion V 4 io w A v �y� F ,y f U ' 1 t8i X A QJ M 0 to 1/41 o� c arra zi g � A n 2 k—r- O ' 0 1) S' 1� C (\M1 1 „ ` f cy' t `� I k e° 7 Crk C� a tO It f f%% j - i ;wsg C LL- CV c> f } yr { 00 ifiis t�_ c (r Q \}. s M e3 itPO N ti it, N' 3 NIv.) U C o v -,,s L in � i t) , \ 5 .a t 1 - 45- fc.rTiOt n.a 1Jr. pLftcrsori C2S3' c' (� UM7 f C�l Aqua Ikmon 4 AuesPaA .: r, Cch °1,3(.03 w]' ` t O o b .) �" ,Cc _ C zg ai lui I \ i 1/4 1 Sr ,' L 3 2 TOWN OTLOSGATOS PLANNING COMMISSION STAFF REPORT Meeting Date: April 13, 2011 PREPARED BY: Jennifer L. Savage, Associate Planter isavaae c-losaatosca.aov ITEM NO: 2 APPLICATION NO: Conditional Use Permit Application U-10-023 LOCATION: 49-51 N. Santa Cruz Avenue (west side of N. Santa Cruz Avenue, approximately 160 feet south of Bean Avenue) APPLICANT: Pete Jillo PROPERTY OWNER: :Jennifer White CONTACT PERSON: Pete 'ilia APPLICATION SUMMARY: Requesting approval to expand an existing restaurant (Gardino's) to add seating., full alcoholic beverage service; and modify hours of operation on property zoned C-2. APN 510-44-030. DEEMED COMPLETE: March 17, 2011 FINAL DATE TO TAKE ACTION: September 17, 2011 RECOMMENDATION: Strong Denial. PROJECT DATA: CEQk General Plan Designation: Central Business District Zoning Designation: C-2 — Central Business District Applicable Plans 8: Standards: General Plan; Central Los Gatos Parcel Size: Surrounding Area: Redevelopment Plan; Commercial Design Guidelines - .12,827 square feet Existina Land Use ( General Plan ( Zoning j Central Business District ( C-2 North I Commercial East ( Commercial 1 Central Business District ( C-2 South j Coininercial j Central Business District { C-2 West ; Residential 1 Medium Density Residential G R-IT} The project is Categorically Exempt according to Section 15061 of the State Environmental Guidelines as adopted by the Town because the project consists of permitting an activity where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Attachment f Planning Commission Staff Report - Page 49-51 N. Santa Cruz Avenue:IU-10-0'23 April13,2011 FINDINGS: ra As required by Section 15061 of the State Environmental Guidelines as adopted by the Town that this project is Categorically Exempt. tit As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. a 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. a As required by the Town's Alcoholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m. rt As required by the Town's Traffic Impact Policy that the benefits of the project outweigh the project's traffic impacts. CONSIDERATIONS: None. ACTION: Forward Conditional Use Permit U-10-023 to the Town Council with a Recommendation of Denial. EXHIBITS: 1. Location Map 2. Findings and Considerations 3. Recommended Conditional Use Permit Application Conditions of Approval 4. Map of Existing Downtown Food and Beverage Establishments 5. Letter of Justification (three pages), received March 17, 2011 6. Community Benefit Letter (hero pages), received March 28, 2011 7. Development Plans (two pages), received February 25, 2011 BACKGROUND: A Conditional Use Permit (CUP) to operate a retail deli and restaurant with beer and wine service with meals was approved in 1992 for 51 N. Santa Cruz Avenue. A modified CUP was approved in 1993 to allow the establislmtent to open one hour earlier. The applicant's restaurant, Gardino's, currently occupies the restaurant space and has filed an application to expand into 49 N. Santa Cruz Avenue which was formerly occupied by a retail use, Los Gatos Baby Boutique. Staff analyzed the project against the Town's Alcoholic Beverage Policy (ABP) and the Town's policy regarding displacing retail uses with restaurant uses. Planning Commission Staff Report - Page 3 49-51 N. Santa Cruz Avenue 1U-10-023 April 13, 2011 PROJECT DESCRIPTION: A. Proicct Sumtnary The applicant is requesting approval of a Conditional Use Permit (CUT) to allow an existing restaurant, Gardino's, to expand into an adjacent commercial space, add 29 seats, and provide full alcoholic beverage service. The CUP requires a recommendation from the Planning Commission and review by the Town Council because the use involves the service of alcoholic beverages. The applicant is proposing exterior modifications separate from the CUP which are minor and can be approved by the Development Review Committee whether or not a restaurant use is proposed in the retail space. The applicant provided a letter of justification (Exhibit 5) and plans (Exhibit 7). The applicant is requesting the following changes noted in the table below. 'Existing ..: q'raposed "='-= Alcohol Service Beer and wine with meal service only Full alcoholic beverage service with meal service only Number of Seats 16 45 Hours of Operation Seven days a week, 10:00 a.m. to 1I:00- p.m. Sunday to Thursday, 10:00 a.m. to 12:00 a.m.; Fridays, Saturdays, and holidays, 10:00 a.m. to 1:00 a.m. B. Location and Suncounding Neighborhood The project site is located at 49 and 51 N. Santa Cruz Avenue on the west side of N Santa Cruz Avenue, approximately 160 feet south of Bean Avenue. The project is adjacent to commercial uses on all sides. C. Zoning. Compliance The zoning designation allows restaurants subject to the approval of a Conditional Use Permit. Planning Commission Staff Report - Page 4 49-51 N. Santa Cruz Avenue /U-10-023 April 13, 2011 ANALYSIS: A. Alcoholic Beverage Policy (ABP} The proposed application appears to be in conflict with requirement number four of the ABP. Requirement No. 4 states that alcoholic beverage service for new CUP applications shall not be allowed after 11:00 p.m. Sunday through Thursday, and after 1:00 a.m. Friday, Saturday, holidays, and evenings before holidays. The subject application includes the request to serve alcoholic beverages until 12:00 a.m. Sunday through Thursday. Therefore, the subject proposal conflicts with this requirement. B. R.estaurant Use in the Downtown Area Ordinance 2021 discourages the displacement of retail uses by restaurant uses in the C-2 zone and expresses concern about the concentration of restaurant uses. The space into which this application would allow the restaurant to expand was previously occupied by a retail use. Although the proposal would allow an existing restaurant to expand, the project would displace a retail use in the C-2 zoning district. The ordinance does not provide a numerical value for a maximum concentration of restaurant uses in the C-2 zoning district. Exhibit 4 provides a map of the downtown illustrating the location of restaurants in the C-2 zoning district. Traditionally, the downtown shopping core has been defined as N. Santa Cruz Avenue from Main Street to Royce Street, and University Avenue from Main Street to Ehn Street. The subject property is located within the downtown core. Additionally, the project would remove a retail space that separates two restaurant uses. C. Parking and Traffic The applicant is requesting a maximum of 45 seats (Exhibits 5 and 7). The use requires one parking space per three seats. The property has parking on site and parking credits in the Parking Assessment District. Based on the parking spaces required for the previous retail and existing restaurant use, the project meets the parking requirements. The project will result in an increase of more than nine PM peak hour trips and is required to pay traffic mitigation fees. In addition, the deciding body may approve a project with a traffic impact of five to 19 additional AM or PM peak hour trips only if it is determined that the benefits of the project to the Town outweigh the impact of increased traffic. The applicant proposes to install two public benches at Los Gatos Cinema (Exhibit 6). D. Police Department Comments The Police Department reviewed the proposal and finds the proposed restaurant expansion acceptable. Planning Commission Staff Report - Page 5 49-51 N. Santa Cruz Avenue IU-10-023 April 13, 2011 E. Conditional Use Permit Findings In order to grant approval of a Conditional Use Permit, the deciding 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. In regards to finding one,. the use is not essential or desirable to the public convenience or welfare in that it would displace a retail Use with a restaurant. In regards to the second finding, the use may impair the integrity of the zone since the use will displace a retail use and may result in an overconcentration of restaurant uses. In regards- to finding three, the recommended conditions of approval will mitigate potential impacts, specifically those that may result from late night alcoholic beverage service. In regards to the final finding, the proposed use does not meet the objectives of the General Plan and Town Code as discussed -Within this report. F. General Plan The goals and policies of the 2020 General Plan listed below are applicable to this project. Staffs comments regarding the goals and policies are italicized. e Policy LU-9.2 -Maintain a variety of commercial uses, including a strong Downtown commercial area combined with Los Gatos Boulevard and strong neighborhood commercial enters to meet the shopping needs of residents and to preserve the small- town- atmosphere, The proposed use would displace a retail space in the Downtown eomunercial area and, therefore, would be inconsistent with this policy. • Policy LU-9.3 - Encourage a mix of retail and office uses in commercial areas, except in the Central Business District designation, where retail should be emphasized and office should be limited. to upper floors and other areas as defined by the Town Code. The proposed use would displace a retail space with a restaurant where retail should be emphasised, • Goal LU-10 - To preserve Downtown Los Gatos as the historic center of the Town with goods and services for local residents while maintaining the existing Town identity, environment and Commercial Vitality. The proposed use would- allow an existing restaurant to expand but would displace a retail use. Planning Commission Staff Report - Page 6 49-51 N. Santa Cniz Avenue /U-10-023 April 13, 2011 G. Environmental Revic's The project is Categorically Exempt according to Section 15061 of CEQA as adopted by the Town, which exempts permitting an activity where it can be seen with certainty that tliere is no possibility that the activity may have a significant effect on the environment. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. H. Redevelopment Plan for the Central Los Gatos Redevelopment Project .Area The Redevelopment Plan contains a Redevelopment Land Use Map that designates proposed land uses to be permitted in the Central Los Gatos Redevelopment Project Area. The subject property is designated commercial and, per the Redevelopment Plan, shall be used for the general commercial uses set forth and described in the Town's General Plan. The proposed use falls under general commercial uses. PUBLIC COMMENTS: At this time, the Town has not received any public comment. SUMMARY AND RECOMMENDATION: A. Sununary The project would allow an existing restaurant to expand into a retail space, increase the number of seats and hours of operation, and allow fill alcoholic beverage service. The project conflicts with the hours of operation allowed by the Alcoholic Beverage Policy (ABP). Moreover, the project conflicts with the Town's policy regarding additional restaurant use in the downtown since the project would displace a retail use. Finally, the restaurant expansion could result in an overconcentration of restaurant uses in the Town's prime retail district. B. Recommendation The project conflicts with the ABP and Ordinance 2021. Therefore, staff recommends denial of the proposed project. lithe deciding body concurs with staffs recommendation; it should recommend denial of the application to the Town Council. If the deciding body finds merit with the proposed project, it should: 1. Find that the proposed project is categorically exempt, pursuant to Section 15061 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and Planning Commission Staff Report - Page 7 49-51 N. Santa Cruz Avenue /U-10-023 April 13, 2011 2. Make the required findings as required by Section 29.20.190 of the Town Code for granting approval of a Conditional Use Permit (Exhibit 2); and 3. Make the required finding 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 (Exhibit 2); and 4. Make the required findings as required by the Town's Alcoholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after10;00 p.m. (Exhibit 2); and 5. As required by the Town's Traffic Itnpact Policy for community benefit (Exhibit 2); and 6. Recommend approval of Conditional Use Permit application U-10-023 to the Town Council with the conditions contained in Exhibit 3. It should be rioted that the Commission mast expand the findings noted in Exhibit 2 if the Commission recommends approval of the proposal. Alternatively, if the Commission has concerns with the application, it can recommend approval of the application to the Town Council with additional and/or modified conditions of approval. 6frU.1 P epared Wy: Jennifer L. Savage, AICP Associate Planner WRR:JS:cet CiGYc9G. U 6' Approved br "4Mndie R. R o ey Director of Community Developm n cc: Pete Jillo, 51 N. Santa Cruz Avenue, Los Gatos, CA 95030 Jennifer White, PO Box 695, Los Gatos, CA 95031 N DEV4'C REPORTS'Tan I'ti5C19-51.dacx THIS PAGE INTENTIONALLY LEFT BLANK 49 and 51 N. Santa Cruz Avenue EXHIBIT 1 THIS PAGE INTENTIONALLY LEFT BLANK REQUIRED FINDINGS FOR: 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-1Q-023 Requesting approval to expand an existing restaurant (Gardino's) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030, PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo FINDINGS Required finding for CEQA: c The project is Categorically Exempt pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. Required findings for a Conditional Use Permit: ri As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, an 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 rises 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 pahlic 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 oft e Town Code. Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area: kt That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Arca. (Section 1V D) to that the subject property is designated commercial and the proposed use falls under general commercial uses. rxlTIlIT 2 Page? oft 49-51 N. Santa Cruz AvenueiU-10-023 April 13, 2011 Required findings For the Ton n's Alcoholic Beverage Policy: n As required by Chapter II, Section 6, of the Town's Alcohol Beverage 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 Lrse Permit to serve alcoholic beverages past 10 p.m.: 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. Required by the Town's Traffic Impact Policy: et As required by the Town's Traffic Impact policy, projects that generate additional traffic of five or more peak hour trips may only be recommended for approval if the project's benefits to the community override the traffic impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a project generates additional traffic of five or more peak hour trips the burden is on the applicant to cite economic or housing benefits to the Town. and/or specific sections of the General Plan and any applicable Specific Plan that demonstrate the project's benefit to the Community which outweighs the traffic impact. The deciding body must stake specific findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. N:'DE f.FIN)t\GS-4et I MSC49S I docx CONDITIONS OF APPROVAL —April 13, 2011 49 & 51 N. Santa Cruz Avenue Conditional Use Permit U-10-023 Requesting approval to expand an existing restaurant (Cardinals) to add seating, full alcoholic beverage service, and modify hours of operation on property zoned C-2. APN 510-44-030. PROPERTY OWNER: Jennifer White APPLICANT: Pete Jillo TO THE SATI-SFACTION OF THE DIREGTOR OF COMMUNITY DEVELOPMENT: Planning Division 1, APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below, in substantial compliance with the development plans noted as received by the Town on February 25, 2011, and in compliance with the applicant's letter noted as received on March 17, 2011 (Exhibit A). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the change®. 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3, APPROVED USE: The approved use is for a high turnover (sit-down) restaurant. 4. SEATS: The maximum number of seats shall not exceed 45. 5. ALCOHOLIC BEVERAGE 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. 6. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 12:00 a.m., Sunday to Thursday; and 10:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 7. ENTERTAINMENT: Live entertainment is not allowed. 8. UTENSILS: All meals served on -site shall be on re -usable utensils. 9. TAKE-OUT CONTAINERS: Any take-out food shall be served in recyclable containers. 10. SIGN PERvilT: A Sign Penult from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. l 1. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 12. BUSINESS LICENSE_ A :business license froth the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 13. DELIVERIES; Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 14. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 5:00 a.m. and 9:00 p.m. to limit the noise impacts. 15. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the County of Santa Clara Department of Environmental Health for review prior to commencement of use. The applicant shall provide a copy of the approval from the County of Santa Clara Department of Environmental Health prior to commencement of use and/or issuance of building- permits. Mini IT 3 16. 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, and may be secured to the satisfaction of the Town Attorney. TO THE SATFISFATION OF THE DIRECTOR OF PARKS 3: PUBLIC WORKS: Engineering Division 17. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee proportional to the projects share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is S 11,410.92. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on use. IS. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 19. OCCUPANCY -AND EXITING: The applicant shall submit plans to evaluate the occupant load and required exits to the Fire Department for review and approval prior to commencement of use and/or issuance of building permits. 20. EXTNGUISHING SYSTEM: The Fire Department shall inspect the required UL 300 fixed extinguishing system in the kitchen to ensure compliance with applicable regulations prior to commencement of use and/or issuance of building permits. TO THE SATISFACTION OF THE CHIEF OF POLICE: 21. 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. 22. CONSULTATION AND TRANING: 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. 23. 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. 24. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 25. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. NADEVtCONDITNS201 I'NSC49-5I CURdncx Town of Los Gatos Planning Department 110 East Main Street Los Gatos, California 95031 GARDINO'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California March 15, 2011 LETTER OF JUSTIFICATION V D 17 2011 TOWN ,OF Los GA T OS FLA!a ENo i51U?4inni Gardino's Restaurant has been a well run, well managed family dining restaurant in Los Gatos for over 18 years. It is family owned and operated, and represents the type of successful local business which helps make Los Gatos such a popular and dynamic community. Gardino's provides high quality family dining at affordable prices, and is a major contributor to the community at large. In its 18 years of operation, Gardino's has not had any police or.Department ofAlcoholic Beverage Control issues or problems. WHAT WE ARE REQUESTING The space adjacent to Gardino's on the south side is becomi na vacant next year. The retail tenant is relocating her business to a different location in Los Gatos. Gardino's proposes to remodel the interior of the restaurant and expand into the adjacent tenant space located at 49 North Santa Cruz Avenue. Modest Improvements in keeping with the architecture are proposed to the facade. The proposed remodel and expansion will provide additional seating a waiting area for patrons, a food service counter for single diners and couples, and a food service take-out counter area. The expansion will enable the restaurant to provide for an enhanced family oriented menu, including full alcohol service with a type 47 - restaurantlicense. The food service counter and take-out service counter area will function in a similar manner as now exists at Willow Street Pizza. HOW THE NEW SPACE WILL BE USED The goal of this expansion is to enhance the dining experience for Gardino's customers, whether they are customers who are waiting for a table, eating at a table or obtaining food EIBIT 3A on a take-out basis. The current restaurant has no waiting area and no separate area to service take-out business, which represents a significant portion of Gardino's business. The expansion will provide a defined waiting area for patrons. It will also provide a defined take-out service counter as part oFa proposed foocl service counter. The food service counter will provide additional seating for singles and doubles without the necessity of occupying larger tables For smaller parties. The addition of this space will also increase the seating capacity for the restaurant while at the same time giving the business a more "open" feel for the patrons. The existing bathroom in the adjacent space will be remodeled as part of the expansion. There will also be two archways added between the spaces which will allow access both in the dining area and in the area near the food preparation area of the existing restaurant. The expansion will bring the restaurant more in line with other fine dining restaurants in Los Gatos. SEATING CAPACITY Under the existing parking rules, the addition of the adjacent space will result in a seating capacity for Gardino's of 45. This would include both additional seating at tables and additional seating at the food service counter. PARKING Gardino's does have dedicated parking behind the restaurant as well as public street parking. There are also public parking lots nearby. HOURS OF OPERATION The current conditional use permit for the restaurant allows for daily hours of operation from 10 a.m. to 11 p.m. Gardino's is requesting a modification of its hours of operation to 10 a.m. to midnight on Sundays through Thursdays, and a modification to 10 a.m. to 1 a.m. on Fridays and Saturdays. These additional hours are needed because Gardino's wants to offer a late night dining experience. For its patrons. Alcohol will only be served with meals and the kitchen will remain open at all times that the business is open. We have had Feedback from our customers who want to have this option available, particularly on weekends. In order to fill this need, we are requesting that this modification of hours be allowed, consistent with the Town's alcohol policy. SIGNAGE The existing signage for the restaurant will be relocated over the adjacent space and slightly enlarged. ACCESSIBILITY Roth huddling spaces are fully accessible. 2 ARCHITECTURAL CHARACTER The exterior of 49 and 51 North Santa Cruz Avenue will not be modified at the upper half of the front. The lower half of the front will be modified to allow for an entry door at the south end of 49 North Santa Cruz Avenue. The remainder of the front will be a wall with windows and Italian tile. Gardino's feels that this exterior will be a sparkling addition to the street and a very appealing view for the public. Interior work will include the installation of a food service counter with seating and a take- out food service. Two new archways will connect the spaces and the restaurant will have a uniform finishes and decor throughout. LOSS OF RETAIL SPACE This expansion will not result in the loss of a retailer in Los Gatos as the existing retailer is relocating to other space in the Town. There will be a loss of retail space, but this loss will greatly benefit an existing merchant in the Town. Gardino's does have existing retail space to the north of the existing space, There is also substantial retail directly across North Santa Cruz Avenue. To the south is another restaurant, Gilley's, but this business is not open at night. And, the next business to the south is the theater. The Loss of this retail space is in an area where there are several other non -restaurant businesses which tend to dominate the streetscape. Gardino's believes these factors will mitigate the loss of this particular retail space. SUMMARY Gardino's has been an active supporter of Los Gatos in its 18 years of operation. Gardino's happily supports the Los Gatos - Monte Serene Police Officers Association, Music in the Park, Jazz on the Plaza and the Los Gatos Music and Arts Festival. The business also supports St. Maty's Church and School. Gardino's has been and continues to be a very popular destination for both residents of Los Gatos and residents of other communities. The expansion Gardino's is requesting will improve the streetscape in this area of North Santa Cruz Avenue. In addition, the expansion will greatly improve the dining experience for the dinein and dine -out patrons of Gardino's. Please contact me if you have any questions on our proposed use modification. Very truly yours, Pete Jillo THIS PAGE INTENTIONALLY LEFT BLANK E%IHIRIT 4 THIS PAGE INTENTIONALLY LEFT BLANK Town of Los Gatos Planning Department 110 East Main Street Los Gatos, California 95031 GARDINO'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California March 15, 2011 LETTER OF JUSTIFICATION .5; Zuj L. PLAN GATOR. • SION Gardino's Restaurant has been a well run, well managed family dining restaurant in Los Gatos for over 18 years. It is family owned and operated, and represents the type of successful local business which helps make Los Gatos such a popular and dynamic community. Gardino's provides high quality family dining at affordable_ prices, and is a major contributor to the community at large. In its 18 years of operation, Gardino's has not had any police or Department of Alcoholic Beverage Control issues or problems. WHAT WE ARE REQUESTING The space adjacent to Gardino's on the south side is becoming vacant next year. The retail tenant is relocating her business to a different location in Los Gatos. Gardino's proposes to remodel the interior of the restaurant and expand into the adjacent tenant space located at 49 North Santa Cruz Avenue_ Modest improvements in keeping with the architecture are proposed to the facade. The proposed remodel and expansion will provide additional $ ating a waitingareafor patrons, a food servicecounter for single diners and couples, and a food service take-out counter area, The expansion will enable the restaurant to provide for an enhanced family oriented menu, including full alcohol service with a type 47 restaurant license. The food service counter and take-out service counter area will function in a similar manner as now exists at Willow Street Pizza. HOW THE NEW SPACE WILL BE USED The goal of this expansion is to enhance the dining experience for Gardino's customers, whether they are customers who are waiting for a table, eating at a table or obtaining food 1 ExiIaIT 5 on a take-out basis. The current restaurant has no waiting area and no separate area to service take-out business, which represents a significant portion of Gardino's business. The expansion will provide a defined waiting area For patrons. It will also provide a defined take-out service counter as part of a proposed food service counter. The food service counter will provide additional seating for singles and doubles without the necessity of occupying larger tables for smaller parties. The addition of this space will also increase the .seating capacity for the restaurant while at the same time giving the business a more "open" feel for the patrons. The existingbathrooni in the adjacent spare will be remodeled as part of the expansion. There will also be two archways added between the spaces which Will allow access both in the dining area and in the area near the food preparation area of the existing restaurant. The expansion will bring the restaurant more in line with other fine dining restaurants in Los Gatos. SEATING CAPACITY Under the existing parking rules, the addition of the adjacent space will result in a seating capacity for Gardino's of 45. This would include both additional seating at tables and additional seating at the food service counter. PARKING Gardino's does have dedicated parking behind the restaurant as well as public street parking. There are also public parking lots nearby. HOURS OF OPERATION The current conditional use permit for the restaurant allows for daily hours of operation from 10 a.m. to 11 p.m. Gardino's is requesting a modification of its hours of operation to 10 a.m. to midnight on Sundays through Thursdays, and a modification to 10 a.m. to 1 a.m. on Fridays and Saturdays. These additional hours are needed because Gardino's cvants to offer a late night dining experience for its patrons. Alcohol wilt only be served with meals and the kitchen will remain open at all times that the business is open. We have had feedback from our customers who want to have this option available, particularly on weekends. In order to fill this need, we are requesting that this modification of hours be allowed, consistent with the Town's alcohol policy. SIGIAGE The existing signage for the restaurant will be relocated over the adjacent space and slightly enlarged. ACCESSIBILITY Both building spaces are fully accessible. 2 ARCHITECTURAL CHARACTER The exterior of 49 and 51 North Santa Cruz Avenue will not be modified at the upper half of the front. The lower half of the front will be modified to allow for an entry door at the south end of 49 North Santa Cruz Avenue, The remainder of the front will be a wall with windows and Italian tile. Gardino's feels that this exterior will he a sparkling addition to the street and a very appealing view for the public. Interior work will include the installation of a food service counter with seating and a take- out food service. Two new archways will connect the spaces and the restaurant will have a uniform finishes and decor throughout. LOSS OF RETAIL SPACE This expansion will not result in the loss of a retailer in Los Gatos as the existing retailer is relocating to other space in the Town. There will be a loss of retail space, but this loss will greatly benefit an existing merchant in the Town. Gardino's does have existing retail space to the north of the existing space. There is also substantial retail directly across North Santa Cruz Avenue. To the south is another restaurant, Gilley's, but this business is not open at night. And, the next business to the south is the theater. The loss of this retail space is in an area where there are several other non -restaurant businesses which tend to dominate the streetscape. Gardino's believes these factors will mitigate the loss of this particular retail space. SUMMARY Gardino's has been an active supporter of Los Gatos in its 18 years of operation: Gardino's happily -supports the Los Gatos - Monte Sereno Police Officers Association, Music in the Park, jazz on the Plaza and the Los Gatos Music and Arts Festival. The business also supports St. Mary's Church and School. Gardino's has been and continues to be a very popular destination for both residents of Los Gatos and residents of other communities. The expansion Gardino's is requesting will improve the streetscape in this area of North Santa Cruz Avenue. In addition, the expansion will greatly improve the dining experience for the dine -in and dine -out patrons of Gardino's. Please contact me if you have any questions on our proposed use modification. Very truly yours, Pete J!ilo 3 THIS PAGE LA'TENTIOAALL Y LEFT BLANK Jennifer Savage Town of Los Gatos Planning department 110 East Main Street Los Gatos, California 95031 GARDINO'S RESTAURANT 51 North Santa Cruz Avenue Los Gatos, California March 28, 2011 COMMUNITY BENEFIT LETTER 2 2011 TOWN OF LO�` G . [ :S PLANNING DIVISION Gardino's Restaurant is a local, family style restaurant where many residents and Visitors have been dining for over 18 years. We love being part of this fine town, and we have a proposed community benefit that will benefit the entire town. Gardino's proposes to install two permanent benches on North Santa Cruz Avenue in the core of the downtown area. The benches will be placed by two planter boxes near the Los Gatos Theatre. Our business attracts many -residents of Los Gatos. Customers walk to our restaurant from the Almond Grove area, downtown, north of Highway 9, Broadway and University Avenue. Los Gatos has always been a pedestrian friendly town. These benches will benefit other businesses in town, their customers and visitors to the area. In particular, people waiting to go into the Los Gatos Theatre will be able to use these benches if they prefer waiting outside for their movie of choice to begin. Anyone walking on the street can use the benches to rest and enjoy the ambiance that is unique to downtown Los Gatos. Permanent benches will also assist the flow of foot traffic in town. Aside from installing these benches, Gardino's has been an active supporter of the Monte Sereno Police Officers Association, Music in the Park, Jazz on the Plaza, the Los Gatos Music and Art_ Festival, and of Ct. Mary'c Crhnnt and Church It is our desire to continue to EttIBST 6 participate in activities which benefit the community and our proposal for permanent benches on North Santa Cruz is part of that commitment. Very truly yours, Pete Jilto I i , t c--1; ; - t I ; t k I •:2 ,-.--; \,_ r '-\ \\- 'I I L\r„ co 7.74. i;•7; Se; 1 !r: it. 0 ) Lir 7 1 • t• ,-. • ", ,- \ , L \ \.;"1 \ \ \ <1 ! \ \I:\ Y -T 74: 11 ''',...-: ‘: • .\ i \ } Nt 9 0 8 al Z 2 e Cr_ EXHIBIT 7 THIS PAGE LYTENTION,4LLY LEFT BLANK J r , d z7 2t0000000000 — L -f1 1(1 re Q 0 Lf T� 5=3 r w azog op 37Is - b?5'N l r c < E3 IS; W'JC o_ 1 0 of _ o z u 5--1 ▪ of \ 2 • � THIS PAGE INTENTIONALLY LEFT BLANK ) t 0LI Full; food must be available; meal service required outside B&W with meals only 1B&WWlthimealsonlyd,tii%9a,inrt14wFFha Wine tasting �B&Wonlywith food sale `'" IB&W with food only •'�< r C _ 3 m Full with meals only B&Wawith,mealsonly t,i idiortdy, t bal ,0 7,;;it,. 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You have created policy with the multiple conversion of retail spaces to restaurant usage: James Randall, 2 wine bars, and 2 more spaces , one that never opened on Main St. and another that got rented to a designer dress shop instead. These alone came to over 4000 square feet, or the potential loss of 4 small retail business's. The loss of another thousand square feet for Gardino only makes sense as this is what YOU want. YOU have shredded the general plan and it's supporting ordinances by ignoring the wishes of the community as put forth in the general plan. It seems someone on Council or at staff level is questioning these past decisions or you would not be re -inventorying the CBD to calculate the effects that CUP business's are having downtown. There maybe some hope for you yet. Gardino's rightfully has every expectation of approval and as they should based on your record . Certainly, they above all the others deserve it, as there history is stellar. When faced with the problem of a similar nature of personal service conversions, you wisely put a moratorium on them until a new ordinance could be written. I hope you wisely do this again in regards to restaurant/retail conversions. D25c i7 Attachment 11 THIS PAGE INTENTIONALLY LEFT BLANK BEAN AVENUE ASSOCIATES PO Bon 3421 SARATOGA, CA 95070-1421 April 25; 2011 Towut Council Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 RECEIVED APR 26 2011 MAYOR & TOWN COUNCIL Re: CUP Application L% 10-0023 (49-51 North Santa Cruz Avenue, Los Gatos) Hearing of May 2, 2011 Dear Councilmembers, I have been managing partner of the group that has owned 59 North Santa Cruz Avenue since 1976 and have been a Los Gatos resident since 1969. I believe I am as familiar with the activity in the downtown commercial district as most people. I am in receipt of your notice dealing with an application by Jennifer White to expand the seating and nature of beverage services offered by Gardino's restaurant, the tenant in Ms. White's property. This communication is to notify you I have no objection to the expansion of seating or nature of beverages offered and believe such an expansion would add to the economic health and vibrancy of the downtown district. CC'. J. \\lute Cordially, David P. de Carion Managing General Partner Voice: 408-871-9055 Fax: 408-871-9015 THIS PAGE INTENTIONALLY LEFT BLANK