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2011081512 - Conditional Use Permit Application - 91, 101, and 109 W. Main Street
MEETING DATE: 08/15/2011 ITEM NO: COUNCIL AGENDA REPORT DATE: AUGUST 1, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-11-006. PROJECT LOCATION: 91, 101, and 109 W. MAIN STREET. PROPERTY OWNER: SUE FARWELL. APPLICANT: LISA RHORER. REQUESTING APPROVAL TO OPERATE A RESTAURANT (PIZZA SIMPATICO) WITH INDOOR AND OUTDOOR SEATING, BEER AND WINE SERVICE, AND MODIFIED HOURS OF OPERATION IN A SPACE CURRENTLY OCCUPIED BY AN EXISTING DELICATESSEN, WINE BAR, AND SPECIALTY RETAIL USE (LOS GATOS GOURMET) ON PROPERTY ZONED C-2:LHP. APN 529-01-025. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the Town Council: 1. Make the required findings (Attachment 1) and approve Conditional Use Permit U-11-006 (motion required); and 2. Adopt a resolution approving a request to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP (Attachment 2) (motion required). ALTERNATIVES: Instead of the aforementioned actions, the Council may: • Approve the application subject to modified or additional conditions of approval (Attachment 2) (motion required); or (rJ PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: M Assistant Town Manager / Town Attorney Clerk Administrator Finance ommunity Development N:\DEV\TC REPORTS\2011\WMain109.docx Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 91, 101, and 109 W. Main Street/U-11-006 August 1, 2011 • 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). BACKGROUND: The subject site contains five commercial spaces addressed as 65, 81, 91, 101, and 109 W. Main Street. The subject application modifies the existing Conditional Use Permit (CUP) which covers two businesses: Los Gatos Roasting at 91 and 101 W. Main Street, and Los Gatos Gourmet at 109 W. Main Street (Exhibit 5 of Attachment 13). The approved use at 91 and 101 W. Main is a coffee shop and espresso bar; the approved use at 109 W. Main is a wine bar, deli counter, off -site sales of wine, and specialty grocery/coffee retail uses. In 1986, the Planning Commission granted approval to operate an existing restaurant at 101 W. Main Street. Again in 1986, the Planning Commission granted approval to expand the restaurant into 91 W. Main Street. In 1997, the Town Council granted approval for a new restaurant with no seating at 109 W. Main Street, which expired due to a lapse of use. In 2006, the Town Council granted approval to modify hours of operation, allow special events, allow a delicatessen and wine tasting in the retail space at 109 W. Main Street, and off -site wine sales (Exhibit 5 of Attachment 13). The existing Conditional Use Permit (CUP) allows wine by the glass for the restaurant at 91 & 101 W. Main Street only with meals. Staff analyzed the proposed Conditional Use Permit (CUP) modification against Ordinance 2021, the Town's Alcoholic Beverage Policy (ABP), and the Town's standards for outdoor seating. DISCUSSION: A. Project Summary The applicant is requesting approval of a Conditional Use Permit (CUP) modification to allow a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation to operate in a 1,300 square foot space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet at 109 W. Main Street). The applicant's proposal includes retail sales as described in the letter of justification (Exhibit 8 of Attachment 13), proposed floor plan (Exhibit 13 of Attachment 13), and interior elevations (Attachment 8). The following table summarizes the existing allowable and proposed operations for 109 W. Main Street: Restaurant Existing 109 W. Main Street Proposed 109 W. Main Street Number of Seats Zero 38 — indoor 6 — outdoor PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 91, 101, and 109 W. Main Street/U-11-006 August 1, 2011 Restaurant Existing 109 W. Main Street Proposed 109 W. Main Street Hours of Operation 6:00 a.m. to 10:00 p.m., seven days a week; Wine bar: 11:00 a.m. to 9:30 p.m. Sunday through Thursday, 11:00 a.m. to 10:00 p.m. Friday and Saturday, 11:00 a.m. to 11:00 p.m. Alcoholic Beverage Service Wine tasting; wine by the glass with meals Wine tasting; wine by the flight, glass, carafe, and bottle The existing business at 91 and 101 W. Main, Los Gatos Roasting, would reduce the intensity of the use (Exhibit 11 of Attachment 13). The following table summarizes the operational changes for Los Gatos Roasting: Coffee Shop Existing 91 & 101 W. Main Street Proposed 91 & 101 W. Main Street Number of Seats 52 — indoor 6 — outdoor 52 — indoor 6 — outdoor Hours of Operation 6:00 a.m. to 10:00 p.m., seven days a week 6:00 a.m. to 10:00 p.m., seven days a week Alcoholic Beverage Service Wine by the glass with meals (poured in 109 W. Main) None. Please see Attachment 13 for additional information regarding the project. The Map of Existing Restaurant Concentration in the C-2 zone and List of Existing Alcohol Beverage Service and Entertainment Uses in the Central Business District are included as Exhibits 6 and 7 of Attachment 13. B. Planning Commission On July 13, 2011, the Planning Commission considered the subject application (see Attachment 13). The Commission's discussion included the following: • the space is already food oriented, so retail is not being lost; • the proposed use could help retail sales; • the use of Ordinance 2021 is unclear; • the use appears to be mixed with restaurant, retail, and wine bar as opposed to only restaurant and retail; • the proposed cooking facilities are minimal; PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 91, 101, and 109 W. Main Street/U-11-006 August 1, 2011 • arbitrary restrictions may result when approving a retail use to go a retail/restaurant mix; • the proposed community benefit. See Attachment 10 for the Commission's full discussion. It should be noted that the proposal includes a stove in addition to the pizza oven for cooking facilities (see proposed floor plans — Exhibit 13 of Attachment 13). The Planning Commission recommended approval of the CUP noting Town Council decisions for recent applications of food and beverage establishments operating in retail spaces. The Planning Commission recommendation includes modified conditions for the approved use and alcoholic beverage service as follows (deletions stricken, additions underlined): USE: This approval is for a high turnover sit-down restaurant with wine retail. wine bar. and retail use. ALCOHOLIC BEVERAGE SERVICE: Beer and wine Alcoholic beverage service is permitted only with meal service, including at the food counter and chefs circle with food service. A meal Food 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 food. The Planning Commission directed the applicant to work with staff in regards to the proposed community benefit, and recommended that community benefit be determined by the Town Council. Subsequent to the meeting, Town staff worked with the applicant and the applicant has proposed to offer a to -go meal deal for Los Gatos Wildcat students (Attachment 9). Please note that specific findings for community benefit must be made (Attachment 1) and that the community benefit condition must be modified based on the community benefit accepted by Council: COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: the establishment shall provide Los Gatos Wildcat students a reduced price to -go meal deal from 11:00 a.m. to 6:00 p.m. The applicant shall submit written documentation demonstrating the provision of the community benefit prior to commencement of use. Subsequent to the Planning Commission meeting the applicant submitted interior elevations (Attachment 8). PUBLIC COMMENTS: The Town received public comments contained in Attachments 7 and 11. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: 91, 101, and 109 W. Main Street/U-11-006 August 1, 2011 CONCLUSION: The project would allow a restaurant with ancillary retail to occupy a space currently occupied by a specialty retail store with an ancillary restaurant use. The project would also allow the proposed restaurant to operate with indoor and outdoor seating, wine and beer service, and expanded hours of operation. Staff recommended denial of the proposal because the project conflicts with the Town's policy regarding additional restaurant use in the downtown. The project would displace a primarily retail use with a restaurant use. The Planning Commission recommended approval of the subject application with minor modifications as discussed above. 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 environment. FISCAL IMPACT: None. Attachments: 1. Required Findings 2. Resolution approving the Conditional Use Permit modification (with Exhibits A and B) 3. Resolution remanding the Conditional Use Permit modification to the Planning Commission 4. Resolution denying the Conditional Use Permit modification 5. Recommended Conditions of Approval for 109 W. Main Street 6. Recommended Conditions of Approval for 91 and 101 W. Main Street 7. Additional Public Comments (16 pages) 8. Interior Elevations (two pages) 9. Proposed Community benefit (two pages) 10. Excerpt of the Planning Commission verbatim meeting minutes of July 13, 2011 11. Second Desk Item to the Planning Commission for the meeting of July 13, 2011 12. Desk Item to the Planning Commission for the meeting of July 13, 2011 13. Report to the Planning Commission for the meeting of June 13, 2011 Distribution: cc: Lisa Rhorer, 917 Apricot Avenue, Unit A, Campbell, CA 95008 Sue Farwell, 113 Edelen Avenue, Los Gatos, CA 95030 WRR:JLS:cgt N:\DEV\TC REPORTS\201 1 \WMain109.docx THIS PAGE INTENTIONALLY LEFT BLANK REQUIRED FINDINGS FOR: 91, 101, and 109 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Lisa Rhorer 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 in that the use will expand existing food and beverage service and retail use; and (2) The proposed uses will not impair the integrity and character of the zone in that the use will expand existing food and beverage service and retail use; and (3) The proposed uses would not be detrimental to public health, safety or general welfare in that the conditions of approval will mitigate any potential impacts; and (4) The proposed use will meet the objectives of the General Plan and Town Code as determined by the Planning Commission on July 13, 2011, and the Town Council on August 15, 2011. Required consistency with the Town's Traffic Policy for community benefit: • As required by the Town's Traffic Policy for community benefit: 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 Attachment 1 Page 2 of 2 91, 101, and 109 W. Main Street/U-11-006 August 15, 2011 findings which demonstrate that the benefit(s) of the project outweigh the impact in order to approve the project. 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. Required findings for the Town's Alcoholic Beverage Policy: is As required by Chapter II, Section 6, of the Town 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. N:\DEVIFINDINGs12011\WMain 109.docx RESOLUTION 2011- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO EXECUTE A RESOLUTION GRANTING APPROVAL OF A REQUEST TO OPERATE A RESTAURANT (PIZZA SIMPATICO) WITH INDOOR AND OUTDOOR SEATING, BEER AND WINE SERVICE, AND MODIFIED HOURS OF OPERATION IN A SPACE CURRENTLY OCCUPIED BY AN EXISTING DELICATESSEN, WINE BAR, AND SPECIALTY RETAIL USE (LOS GATOS GOURMET) ON PROPERTY ZONED C-2:LHP. APN: 529-01-025 CONDITIONAL USE PERMIT APPLICATION: U-11-006 PROPERTY LOCATION: 109 W. MAIN STREET PROPERTY OWNER: SUE FARWELL APPLICANT: LISA RHORER WHEREAS, this matter came before the Town Council for public hearing on August 15, 2011, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approve for a Conditional Use Permit (CUP) modification to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. The applicant is requesting 44 seats and hours of operation of Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. WHEREAS, On July 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. The Planning Commission recommended approval of the request with modified and additional conditions of approval, finding 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. Attachment 2 WHEREAS, 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 an application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. WHEREAS, 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. WHEREAS, 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 July 29, 2011, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council fords as follows: A. 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 July 29, 2011, and incorporates the findings made by the Planning Commission on July 13, 2011, regarding this application. B. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. C. 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 July 13, 2011. NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U-11-006 to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C- 2:LHP is granted. 2. The Conditions of Approval attached hereto as Exhibits A and B 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, held on the 15th day of August, 2011, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA This Page Intentionally Left Blank CONDITIONS OF APPROVAL —August 15, 2011 For 109 W. Main Street 109 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Lisa Rhorer 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 plans approved and noted as received by the Town on June 1, 2011. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The 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. LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. USE: This approval is for a high turnover sit-down restaurant, wine bar, and retail use. 5. OPERATION HOURS: Maximum hours of operation shall be Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. 6. NUMBER OF SEATS: The maximum number of seats is 44, inclusive of the indoor and outdoor seating. 7. ALCOHOLIC BEVERAGE SERVICE: Beer and wine service is permitted only with food service. Food 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 food. 8. WINE TASTING: Wine tasting is permitted. The maximum sample size for the wine tasting shall not exceed one (1) ounce. Wine tasting sample sizes larger than one (1) ounce shall be permitted only with meal service. 9. ENTERTAINMENT: Live entertainment and amplified music is prohibited. 10. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 11. 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. 12. 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. 13. 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. Exhibit A of Attachment 2 14. 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. 15. EXTERIOR MODIFICATIONS: Prior to the issuance of building permits for exterior modifications, the applicant shall apply for and obtain an Architecture & Site permit. 16. COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: upgrade the crosswalk on Main Street between 140 and 145 W. Main Street with crosswalk lights/flashing beacons. The crosswalk upgrades shall be installed prior to final occupancy. 17. 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 SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 18. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 19. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 20. TRAFFIC IMPACT 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 $1,080. 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 the application for 44 seats. 21. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide Community Benefit based on the Town Traffic Impact Policy. TO THE SATISFACTION OF THE CHIEF OF POLICE: 22. OUTDOOR SEATING: A restaurant employee must seat patrons in the outdoor seating area. The outdoor seating shall be monitored by a restaurant employee to ensure alcoholic beverages do leave the outdoor patio. 23. 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. 24. 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. 25. 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. 26. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 27. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:1DEV\CONDITNS\20111Main 109.docx This Page Intentionally Left Blank CONDITIONS OF APPROVAL —August 15, 2011 For 91 and 101 W. Main Street 91 and 101 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a coffee shop, espresso bar, and retail shop (Los Gatos Roasting Company) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Teri Hope 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 to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. USE: The approved use is a coffee shop, espresso bar, and retail shop. 3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. NUMBER OF SEATS: The maximum number of seats shall not exceed 52 indoor seats and 6 seats on the outdoor benches in front of 91 and 101 W. Main Street. No additional seats will be allowed outside of the coffee shop, espresso bar, and retail shop. 5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m. to 10:00 p.m., seven days a week. 6. ALCOHOL SERVICE: Neither alcohol service or consumption is permitted at any time. 7. SECURABLE BARRIER: The applicant must maintain a securable barrier between 101 and 109 W. Main Street. The barrier must be secured during all special events noted as allowed below (see SPECIAL EVENTS condition). 8. LIVE ENTERTAINMENT: No live entertainment shall be provided except as permitted during special events in the condition below. 9. SPECIAL EVENTS: Condition Special Event Event Type A maximum of 12 events per year. Amplified music and open microphone. Adult supervision provided for each under 21 event. Amplified music shall not go 1 Oa. Events for individuals under past 9:30 PM, Sunday through Thursday. 21 Amplified music shall not go past 10 PM Friday and Saturdays. Under 21 events shall not go past 11PM. Exhibit B of Attachment 2 Condition # Special Event Event Type l Ob. Poetry/Music Weekend Evening Events A maximum of 10 events per year. One event per month scheduled on a weekend evening. Poetry and amplified music. Music shall end at 9:30 PM. 1 Oc. Community Meetings Weekly community meetings (including the Los Gatos Art Association Board, co- op nude figure drawing group, and wine appreciation lecture group) held within non -business hours. Music and food service not permitted. Events will not go past 10 PM. l Od. Los Gatos Roasting Company Annual Events Two Los Gatos Roasting Company events per year, by invitation only. Amplified music permitted. Music shall end at 9:30 PM. 10. WINDOW CURTAINS: Opaque window curtains must be placed in all storefront windows during nude figure drawing classes. N:1DEV\CONDITNS\201 I \Main9 l - 101.docx RESOLUTION 2011- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO EXECUTE A RESOLUTION REMANDING A REQUEST TO OPERATE A RESTAURANT (PIZZA SIMPATICO) WITH INDOOR AND OUTDOOR SEATING, BEER AND WINE SERVICE, AND MODIFIED HOURS OF OPERATION IN A SPACE CURRENTLY OCCUPIED BY AN EXISTING DELICATESSEN, WINE BAR, AND SPECIALTY RETAIL USE (LOS GATOS GOURMET) ON PROPERTY ZONED C- 2:LHP BACK TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APN: 529-01-025 CONDITIONAL USE PERMIT APPLICATION: U-11-006 PROPERTY LOCATION: 109 W. MAIN STREET PROPERTY OWNER: SUE FARWELL APPLICANT: LISA RHORER WHEREAS, This matter came before the Town Council for public hearing on August 15, 2011, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approve for a Conditional Use Permit (CUP) modification to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. The applicant is requesting 44 seats and hours of operation of Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. WHEREAS, On July 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. The Planning Commission recommended approval of the request with modified Attachment 3 and additional conditions of approval, finding 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. WHEREAS, The Town's Alcohol Beverage Policy requires any application modification request for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for an application modification for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. WHEREAS, 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. WHEREAS, 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 July 29, 2011, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U-11-006 to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP is remanded to Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to Planning Commission for further recommendation. The application will then be sent back to Council for a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, Califomia, held on the 15th day of August 2011, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA This Page Intentionally Left Blank RESOLUTION 2011- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO EXECUTE A RESOLUTION DENYING A REQUEST TO OPERATE A RESTAURANT (PIZZA SIMPATICO) WITH INDOOR AND OUTDOOR SEATING, BEER AND WINE SERVICE, AND MODIFIED HOURS OF OPERATION IN A SPACE CURRENTLY OCCUPIED BY AN EXISTING DELICATESSEN, WINE BAR, AND SPECIALTY RETAIL USE (LOS GATOS GOURMET) ON PROPERTY ZONED C-2:LHP. APN: 529-01-025 CONDITIONAL USE PERMIT APPLICATION: U-11-006 PROPERTY LOCATION: 109 W. MAIN STREET PROPERTY OWNER: SUE FARWELL APPLICANT: LISA RFIORER WHEREAS, This matter came before the Town Council for public hearing on August 15, 2011, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approve for a Conditional Use Permit (CUP) modification to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. The applicant is requesting 44 seats and hours of operation of Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. WHEREAS, On July 13, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:L1-1P. The Planning Commission recommended approval of the request with modified and additional conditions of approval, finding 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. Attachment 4 WHEREAS, 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 a new application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. WHEREAS, 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. HE ra WHEREAS, 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 July 29, 2011, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section 29.20.190, the request for a 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 fording is based on the evidence presented in the Council Agenda Report dated July 29, 2011, and incorporates the findings made by the Planning Commission on July 13, 2011, regarding this application. B. The project is categorically exempt from environmental review pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. C. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section W.B), as evidenced by the findings made by the Planning Commission on July 13, 2011. • NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U-11-006 to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C- 2:LHP 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, held on the 15th day of, 2011, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA This Page Intentionally Left Blank CONDITIONS OF APPROVAL —August 15, 2011 For 109 W. Main Street 109 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Lisa Rhorer 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 plans approved and noted as received by the Town on June 1, 2011. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The 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. LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. USE: This approval is for a high turnover sit-down restaurant, wine bar, and retail use. 5. OPERATION HOURS: Maximum hours of operation shall be Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. 6. NUMBER OF SEATS: The maximum number of seats is 44, inclusive of the indoor and outdoor seating. 7. ALCOHOLIC BEVERAGE SERVICE: Beer and wine service is permitted only with food service. Food 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 food. 8. WINE TASTING: Wine tasting is permitted. The maximum sample size for the wine tasting shall not exceed one (1) ounce. Wine tasting sample sizes larger than one (1) ounce shall be permitted only with meal service. 9. ENTERTAINMENT: Live entertainment and amplified music is prohibited. 10. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 11. 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. 12. 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. 13. 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. Attachment 5 14. 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. 15. EXTERIOR MODIFICATIONS: Prior to the issuance of building permits for exterior modifications, the applicant shall apply for and obtain an Architecture & Site permit. 16. COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: upgrade the crosswalk on Main Street between 140 and 145 W. Main Street with crosswalk lights/flashing beacons. The crosswalk upgrades shall be installed prior to final occupancy. 17. 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 SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 18. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 19. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 20. TRAFFIC IMPACT 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 $1,080. 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 the application for 44 seats. 21. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide Community Benefit based on the Town Traffic Impact Policy. TO THE SATISFACTION OF THE CHIEF OF POLICE: 22. OUTDOOR SEATING: A restaurant employee must seat patrons in the outdoor seating area. The outdoor seating shall be monitored by a restaurant employee to ensure alcoholic beverages do leave the outdoor patio. 23. 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. 24. 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. 25. 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. 26. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 27. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:1DE V1CONDITN S12011 \Main 1 09.docx This Page Intentionally Left Blank CONDITIONS OF APPROVAL —August 15, 2011 For 91 and 101 W. Main Street 91 and 101 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a coffee shop, espresso bar, and retail shop (Los Gatos Roasting Company) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Teri Hope 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 to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. USE: The approved use is a coffee shop, espresso bar, and retail shop. 3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. NUMBER OF SEATS: The maximum number of seats shall not exceed 52 indoor seats and 6 seats on the outdoor benches in front of 91 and 101 W. Main Street. No additional seats will be allowed outside of the coffee shop, espresso bar, and retail shop. 5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m. to 10:00 p.m., seven days a week. 6. ALCOHOL SERVICE: Neither alcohol service or consumption is permitted at any time. 7. SECURABLE BARRIER: The applicant must maintain a securable barrier between 101 and 109 W. Main Street. The barrier must be secured during all special events noted as allowed below (see SPECIAL EVENTS condition). 8. LIVE ENTERTAINMENT: No live entertainment shall be provided except as permitted during special events in the condition below. 9. SPECIAL EVENTS: Condition # Special Event Event Type 10a. Events for individuals under 21 A maximum of 12 events per year. Amplified music and open microphone. Adult supervision provided for each under 21 event. Amplified music shall not go past 9:30 PM, Sunday through Thursday. Amplified music shall not go past 10 PM Friday and Saturdays. Under 21 events shall not go past 11 PM. Attachment 6 Condition # Special Event Event Type l Ob. Poetry/Music Weekend Evening Events A maximum of 10 events per year. One event per month scheduled on a weekend evening. Poetry and amplified music. Music shall end at 9:30 PM. 1 0c. Community Meetings Weekly community meetings (including the Los Gatos Art Association Board, co- op nude figure drawing group, and wine appreciation lecture group) held within non -business hours. Music and food service not permitted. Events will not go past 10 PM. 10d. Los Gatos Roasting Company Annual Events Two Los Gatos Roasting Company events per year, by invitation only. Amplified music permitted. Music shall end at 9:30 PM. 10. WINDOW CURTAINS: Opaque window curtains must be placed in all storefront windows during nude figure drawing classes. N:1DEV\CONDITNS120111Main91-101.docx Jennifer Savage From: Sent: To: Subject: Dear Jennifer Savage, John Reinhardt <johnreinhardt1969@gmail.com> Wednesday, August 10, 2011 12:29 PM Jennifer Savage Pizza Simpatico I am writing this letter in Support of Pizza Simpatico. I have been one of the owners of Los Gatos Gourmet for the past five years and look forward to being a team member of Pizza Simpatico. During the last five years I have created a symbiotic relationship with Teri Hope and Los Gatos Coffee Roasting Company. Together we have been able to increase the foot traffic to our businesses and also the surrounding businesses as well. We play a unique and integral role in providing retail shoppers a place to pick up sandwiches, salads and soups to - go or customers are welcome to dine -in and enjoy a glass of wine and cheese with friends, or put together a picnic basket to bring to Jazz On The Plazz or Sunday's Music In The Park. By allowing Pizza Simpatico to follow the natural evolution that Los Gatos Gourmet has started will allow for a continued relationship with Teri Hope/Los Gatos Coffee Roasting Co. and allow us to properly compete with the new cheese shop, Formage & Specialties that will be opening just a block down the street from 109 W Main St. Lisa Rhorer has the ability to build and adapt to the needs of our customers. Pizza Simpatico will allow the opportunity to build on a marketplace atmosphere with an increased offering of retail items, allow for seating and the ability to adapt to the needs of the town and customers. Lisa and I have worked together over the past five years for chamber events and look forward to continuing our work with civic opportunities in Los Gatos. I have built important and meaningful relationships with the surrounding neighbors, customers and businesses that have had a direct and positive influence on downtown business. During the last five years as a business owner in Los Gatos, I have seen customers raise their children, catered their memorials, bridal and baby showers and graduations. By being able to stay in this location, working with Lisa and continuing to share the gift of food and wine with my customers will be an asset to our town. Sincerely, John Reinhardt Los Gatos Gourmet Owner 1 ATTACHMENT 7 THIS PAGE INTENTIONALLY LEFT BLANK Jennifer Savage To: Subject: Lynda Seastrom RE: Pizza Simpatico From: Jay Druian[mailto:jay@thefrenchcellar.com] Sent: Tuesday, August 09, 2011 1:01 PM To: Lynda Seastrom Subject: Re: Pizza Simpatico Thanks, Lynda. I appreciate it. If possible, I would like to add one additional thought regarding the Pizza Simpatico application. If you are able to add the Agenda item packet, I would like to add the following, statement: At the end of the day and no matter how one spins it, the applicant is asking to convert a small deli/retail operation into a restaurant with 44 seats. Jay On Aug 8, 2011, at 2:10 PM, Lynda Seastrom wrote: Good afternoon, Thank you for your e-mail received by the Mayor and Town Council. A copy has also been provided to our Community Development Department. Your letter will also be provided to all Town Council Members as part of their Agenda item packet at the Town Council meeting scheduled for August 15, 2011. Again, thank you for contacting the Town of Los Gatos. Best Regards, Lynda Seastrom, Administrative Aide Town of Los Los Gatos - Town Manager's Office 110 E. Main Street Los Gatos, CA 95030 (408) 354-6832 www.losgatosca.gov From: Jay Druian[mailto:jay©thefrenchcellar.com] Sent: Tuesday, August 02, 2011 4:48 PM To: Council Cc: Jessica von Borck Subject: Pizza Simpatico i Dears Mayor Pirzynski and Council Members Rice, MuNutt, Spector and Leonardis: We have had the opportunity to read through the planning department's report to the Planning Commission regarding this application. We have a general statement to make to you regarding it to be followed by a few specific concerns and comments. As with my letters to the council regarding Restaurant James Randall, SB 17 and Gardino's, the heart of those messages was not to allow further erosion of retail space in the core downtown area by permitting more restaurant uses. In each of those cases, town staff had recommended denying expansion of restaurants into adjacent empty retail and/or the conversion of retail into restaurant use. Why? Because the applications neither complied with the 1996 town ordinance, which discourages the displacement of retail uses by restaurant uses nor did they meet the town's 2021 General Plan for a proper mix of goods and services for the community. Yet, in each of those cases, the recommendations of staff professionals were overturned by the council To paraphrase a member of the council following the approval for expansion of Restaurant James Randall - the public should not view this decision as a precedent -setting decision. Yet, in quick succession, the council approved the applications of SB 17 and ultimately, Gardino's. It is now time time to do the right thing and not allow further loss of downtown retail space. Retail benefits retail. Restaurants and entertainment venues do not. One only needs to take a stroll through Santana Row to immediately see the negative effects on retail use caused by a surfeit of restaurant/bar usage. The only retail left there are national stores, whose rents are subsidized by the corporation's advertising budget. Small retail is all but lost and forgotten. The culprit? Parking spots being monopolized by restaurant and bar patrons (and employees). If you want to preserve our small town feel and ambiance, please don't let this happen to us. 2 As a retailer trying to cope with 7 eateries on the same block, we can attest to the difficulties presented by an over -concentration of restaurants, in terms of traffic and parking. I would hope that as representatives and stewards of our community, you would be mindful of the needs of all of your commercial constituents. The applicant's proposed location of 109 West Main Street is a nexus of an over -concentration of eateries, traffic congestion and despite "39 parking credits," a parking nightmare. The lack of parking there pushes people to park further down the road, on the bridge and on or past College Avenue to the Town Hall, further challenging parking opportunities for those trying to support businesses on East Main Street. To the general public, it simply appears that someone wants to open a pizzeria in that location, but upon deeper scrutiny of the Staff Report, it becomes a pizzeria masquerading as a wine bar. The applicant is requesting permission to offer wine tasting, wine tasting flights, glasses of wines, carafes of wine and bottles of wine. Moreover, the existing CUP requires that a meal be served with alcohol beverages, whereas the applicant is saying that food service will be made available. There is a big difference between those two items. And, the name of the business is deceptive to the obvious end goal of wine tasting, wine drinking and wine purchasing. To be honest and fair, the name should read "Pizzaz Simpatico Wine Bar." The emphasis is clearly on the wine. The report also refers to a "dutch door" between 91-101 and 109 West Main Street, whereby patrons of both the coffee shop and the pizzeria/wine bar could co -mingle. 109 is permitted to serve alcohol, 91- 101 is not. There should not be that sort of passageway. These are unrelated businesses. It would only be a matter of time before the temptation to seat the overflow and serve pizza/wine patrons in 91- 101would be breeched, in that the coffee shop is open until 10:00 PM. We do not believe that coffee houses are night time destinations in Los Gatos, but wine bars certainly are. 3 Lastly, the council should ask itself, is this application a matter of public convenience and welfare? We think not. Would it impair the integrity of the downtown plan to maintain a mix of goods and services. We think it would. Does it meet the objectives of the General Plan. We think not. Thanks you for your time in reading our email to you and of our continuing concerns about the loss of even more retail in the core downtown area. As in the past, we would welcome the opportunity to further discuss this with any of the council members. Sincerely. Jay Druian & Sallie Robbins-Druian The French Cellar 32 East main Street Los Gatos, CA 95030 Jennifer Savage From: Gil Watkins <gilwat@pacbell.net> Sent: Tuesday, August 09, 2011 10:37 AM To: Jennifer Savage Subject: Pizza Simpatico Greetings Jennifer, I support the opening of Pizza Simpatico and look forward to this new business venture in Los Gatos. Kind regards, Gil Watkins Gil Watkins AMWM gilwat(2pacbell.net 408 885-9950 office 650 380-0635 cell wWw.amwm.com August 3, 2011 Town of Los Gatos 110 E. Main Street Los Gatos, CA, 95030 Dear Mr. Mayor and Council members: RE-CEPIED 2011 TOWN OF LOS GATOS PLANNING DIVISION Please accept this letter of support for the application of Pizza Simpatico and its desire to occupy the premises at 109 W. Main Street, Los Gatos, CA, 95030, currently known as Los Gatos Gourmet and Los Gatos Coffee Roasting Co (the "Premises"). The Premises is currently zoned as delicatessen, wine bar and specialty retail and we believe this application is consistent with and expands upon this existing and permitted use. In 2006, Teri Hope and the Coffee Roasting Company desired to amend its CUP to, among other things, further expand its operation, compete with the market place, and accommodate its existing as well as attract new customers. As a result, the Premises was granted an amended CUP which allowed for a delicatessen, wine tasting and wine by the glass, and retail sales. The current business (Los Gatos Gourmet) operates as both a take-out cafe style delicatessen and as a dine -in cafe with the available seating next door at the 91 & 101 W. Main Street location. Along with the food service there is specialty retail sales of wines and charcuturie items which are either sold as "retail" for off -site consumption or for consumption in the area where seating is permitted with food in the existing Coffee Roasting Company space. L G Gourmet is currently occupying less than 1/3 of the square footage of the Premises with the remaining 2/3rds of the Premises serving as storage and manager's office. The concept of Pizza Simpatico is to expand the current retail sales and cafe items with the intention to utilize the entire Premises as well as create an outdoor area for on -site consumption of its retail and cafe items. The floor area layout that was approved with the current CUP in 2006 shows that only 50% of the Premise's square footage is retail (i.e. less than 600 square feet of retail). Pizza Simpatico would utilize all of the available square footage and maintain 600 square feet of retail in the new layout. There would be no net loss of the current retail use which would be incorporated in wine display and food counter and delicatessen areas. It is the intention of Pizza Simpatico to expand the retail sales associated with the Premises by prominently showcasing retail items throughout the floor area of the Premises. We believe this mixed -use concept of specialty retail and food will be a terrific addition to the downtown core. We have a very unique downtown area and Pizza Simpatico will only enhance the available options to the Town, its residents and visitors. At the recent planning commission meeting, the commissioners agreed and have sent the council a recommendation for approval. Pizza Simpatico is also requesting additional seating. As it currently stands, seating is only available in the adjacent Coffee Roasting Company spaces. This request for additional seating is now necessary because there will be a separation between Pizza Simpatico and the Coffee Roasting Company. Teri Hope will no longer be involved in the Pizza Simpatico location and it will be critical for it to have additional seating to accommodate its customers. The building currently has 76 seats available for use and Pizza Simpatico is requesting the addition of only 44 total seats for both inside and outside use. We believe that the outside seating will be an attractive addition to this location allowing customers to enjoy purchased items on - site in an outdoor setting. Teri Hope, owner of the Coffee Roasting Co., has tried a few different concepts at this location blending both retail and food use to compliment her sales of coffee, tea and whole beans. Ms. Hope's rationale for doing so was to create a unique mix of food items and retail to help attract new and returning customers to her business. Pizza Simpatico is taking that same concept of retail sales and cafe service and expanding it into the entire space with its own seating (i.e. that will allow Ms. Hope to further optimize her space at 91 and 101 W. Main Street for her own customers). Ms. Hope has been a wonderful tenant for over 30 years. We all know she has and continues to be a pillar of our community. Teri has decided to refocus her efforts on her coffee business and does not need all of the space she has occupied for so many years. Pizza Simpatico has a similar operator in Lisa Rhorer who is committed to this Town, is active in giving her time back to the community and knows how to run a successful business in our unique financial environment. The Pizza Simpatico concept is an exceptional one that will offer a unique retail and food experience. Pizza Simpatico is building upon the Los Gatos Gourmet concept of retail and food and expanding its use of the Premises to accommodate more customers and generate interest in this area of Town. We strongly believe that Pizza Simpatico will not only revitalize the Premises, but will complement the Coffee Roasting Company, create additional interest and excitement down the West Main Street corridor and keep our Town competitive against the likes of Campbell and Santa Row. We respectfully request that the Council approve this application. The concept of expanding the existing use to the entire Premises requires the need for its own seating. The seating requested is well below the available seating for the building. This use is a good one with a local owner who will complement the businesses it surrounds creating additional viability for the Coffee Roasting Co. and the other businesses on Main Street and Montebello Way. Ms. Rhorer has ensured us and the Town that the retail aspect of this location will be prominent within the space. We thank you for your consideration and we look forward to your decision. Sincerely, Jason Farwell Member Vermont Building, LLC { o tebelI�o ~TTi ace Homeowner's Associatlion August 8, 2011 Los Gatos Town Clerk Office Los Gatos Town Hall 110 E. Main Street Los Gatos, CA 95031 To Whom It May Concern: RPcPiveo 2011 POAN 'OPG OS CA r OS DIVISION This letter represents the views of the Montebello Terrace HOA, comprised of 6 homeowners representing the Los Gatos town historical building located at 135 W. Main Street. We are writing to express our concerns that the planning application submitted by Pizza Simpatico poses significant risk to decreased quality of life and property values forthe owners of 135 W. Main Street. Our understanding is the planning application proposes to modifythe existing use permit for retail property 109 W. Main Street as follows: - increased number of seats to 44 - expanded wine service to include beer and wine - expanded operating hours to 11pm Friday/Saturday evenings - addition of outdoor deck seating with alcohol served As property owners of Los Gatos Town, we believe the upkeep ofMvlontebello Terrace historical building adds great value to the town of Los Gatos_ We are very concerned this application allows a new retail entity to diminish both atmosphere and property value of our established neighborhood. The residents' quality of life will also be negatively impacted with excessive noise and foot traffic at late hours within feet of residents' windows, especially with the proposed outdoorsieck seating. We request the Council to consider and help mitigate the negative consequence impacting our Association's property owners. We have contacted Wendie Rooney to express these concerns; this letter follows due process to share our concerns with the Town Clerk and Town Council. Property owners Patricia Fraser and Tommy Santoro will represent the homeowners' association views at the €rpcoming August 15 council meeting. Best regards, Margaret Mann n Treasurer, Montebello Terrace Homeowner's Association cc: Joe Pirzynski — Mayor, Town of Los Gatos Diane McNutt - Council Member, Town of Los Gatos Steve Rice - Vice Mayer, Town of Los Gatos Barbara Spector - Council Member, Town of Los Gatos Steve Leonardis - Council Member, Town of Los Gatos Jennifer Savage - Project Planner, Town of Los Gatos Wendie Rooney - Director of Community Development, Town of Los Gatos 35 ;Y,_r. Main S.`-e=,. MCA: Los c Gatos. aliforrlie! 95030 Jennifer Savage From: Shawn Charnaw <shawn@iloveblendz.com> Sent: Friday, August 05, 2011 10:03 AM To: Jennifer Savage Subject: Pizza Simpatico Blendz of Los Gatos (81 West Main St.) would love to welcome Pizza Simpatico to 109 West Main!!! I am also the the Vice Chair of the Town's Arts & Culture Committee, and their support of Music in the Park and Jazz on the Plazz will be wonderful! We may find ourselves in a similar position shortly as the greed of local commercial landlords is forcing us out of business as well. Sincerely, Shawn Charnaw, Owner Blendz of Los Gatos 81 West Main St. Los Gatos CA 95030 www.iloveblendz.com 408.666.1250 cell/blendz catering 408.399.1570 blendz store CONFIDENTIALITY DISCLAIMER This electronic transmission (and any attached document) contains confidential information and is for the sole use of the individual or entity to whom it is addressed and may be privileged, confidential or exempt from disclosure under law. if you are not the intended recipient of this email, or the employee or agent responsible for delivering it to the intended recipient. you are hereby notified that any other dissemination, distribution or copying of this transmission is strictly prohibited. If you receive this message in error, please notify Shawn Charnaw at shave n(aliloveblendz.com, and destroy the attached message (and all attached documents) immediately. Thank you for your cooperation. 1 Jennifer Savage From: Rita <rita@milpitasmaterials.com> Sent: Friday, August 05, 2011 9:20 AM To: Jennifer Savage Subject: Pizza Simpatico Wishing you a great future on Main Street. My building is 78 W Main. Rita Minnis PO Box 360003 Milpitas, CA 95036 409-838-6506 Fax: 408-262-2144 1 August 2, 2011 Regarding New Conditional Use Permit for Pizza Simpatico Dear Jennifer Savage, I am writing this letter in support of Pizza Simpatico and Lisa Rhorer. My wife and I are frequent customers and strong supporters of Cin-Cin. The warmth and hospitality Lisa Rhorer and her staff demonstrate as well as the cuisine of Chris Schloss continue to keep us coming back to Cin-Cin. We are also frequent customers and supporters of the Los Gatos Gourmet. Owner, John Reinhart has gone above and beyond to set the bar for excellent quality and customer service. We understand Lisa, John, and Chris will be helping to create a new experience for Los Gatos with Pizza Simpatico. We believe this is a winning team and that Pizza Simpatico is poised to be a rising star for the Los Gatos community. We know Lisa's vision for Pizza Simpatico will be a place where the community will come together to enjoy great food, wine, and a marketplace experience. Lisa's innovation, concern for quality, as well as her involvement with the Los Gatos community will be a benefit to the Town. We wholeheartedly support Pizza Simpatico's proposal to improve the business currently known as Los Gatos Gourmet and elevate it to a higher level. Respectfully, Ronnie and Karen Lott July 25, 2011 Dear Council Members, RECEIVED AU3 01 2011 MAYOR &TOWN COUNCIL I write to express my disapproval of the current use permit request for Pizza Simpatico at 109 W. Main St. In 1996 the Town Council adopted an ordinance that "intended to discourage the the displacement of retail uses by restaurants uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in C-2 Zone through the public hearing process. I have reviewed Pizza Simpatico proposal as well as viewed their presentation to the Planning Commission. It is my opinion that Pizza Simpatico seeks to grossly contort the current use permit, sliding it through the approval process under the guise of a retail establishment because their restaurant and wine bar will happen to sell some retail items. When the Town Council adopted the current retail use in the C-2 Zone, I do not believe they intended to have to split hair upon hair when deciding if a business was a retail business or not. Upon viewing the Planning Commission meeting, I was left with the impression that Pizza Simpatico would do or say just about anything to get their plan approved. Pizza Simpatico arrived at the Planning Commission meeting with an entourage of well heeled members of Los Gatos. The accolades of those involved with and in support of this project does not negate that 109 W Main is simply not intended for restaurant /wine bar use. Furthermore, I feel Pizza Simpatico's plan to substantially increase seating, open an outdoor seating area, and increase the hours of operation to serve alcohol and to create a "bnz7" as their proposal states they wish to do, will greatly diminish the quality of life for the nearby residents. While Pizza Simpatico claimed early on in their proposal to be a community minded establishment, they appear to have no regard for the residents adjacent to their proposed site. I would like to inform the Town Council that there are residential windows only a few feet from the outdoor seating area Pizza Simpatico proposes. Of further concern is that Pizza Simpatico seeks to expand the cuftent hours of operation to serve alcohol. I personally do not wish to have people drinking outside of my window until 10 or 11 every night, or ever for that matter. The current business in operation at that location, Los Gatos Gourmet, stays open until around 9pm on Friday and Saturday and they are almost always closed by 6pm otherwise. While the current business does serve wine, from my experience, the overall atmosphere of the current business is genuinely geared towards retail and deli service NOT towards being a wine bar. Conversely, my impression is that Pi77a Simpatico intends to maximize their wine bar status as is demonstrated by their desire to expand alcohol service. For this reason I feel Pizza Simpatico mislead the Planning Commission when they stated that they merely seek to expand what is already in place. I ask the Town Council to consider the consequence of Pizza Simpatico creating a "bu7z" in this part of the community as they state they intend to do. Personally, I do not wish to live in the midst of a wine bar buzz until 10 or 1 1pm every night. The current intention of this space as a retail use suggests to me that the Town Council does not wish to create a bn77 here into the late evening hours either. As 109 W Main is not zoned for a wine bar/restaurant, Pizza Simpatico's proposed use conflicts with Town Ordinance. In addition, as Pizza Simpatico will adversely impact the adjacent residents, I request that the Town Council deny Pizza Simpatico's use permit. Thank you for your consideration. Resident 135 West Main St. Los Gatos. Jennifer Savage From: Ginger Rowe <ginger©timeoutclothing.com> Sent: Saturday, July 30, 2011 11:08 PM To: Jennifer Savage Subject: Pizza Simpatico Ladies & gentlemen of the Los Gatos Planning Commission, I would like to offer my support for the potential opening of Pizza Simpatico. The owner, Lisa Roher, has already proven to be a successful business woman in our town and I feel that her latest endeavor will enhance the current space with the existing food service. This space is currently being used for similar services, and in my opinion would not consume any spaces that are currently functioning as retail businesses. With new and existing business openings and expansions that have recently occurred in town, I feel it would be hypercritical to deny equal opportunities that have been extended to other recent applicants. This is merely an expansion and improvement of an existing service and use which the current tenant provides, plain and simple. Thank you for your time, Ginger Rowe Los Gatos Business Owner and Resident Time Out Clothing 108 N. Santa Cruz Ave. Los Gatos, CA 95030 (408) 354-8653 1 Jennifer Savage From: Peter Hiers <peterhiers@att.net> Sent: Wednesday, July 27, 2011 5:38 PM To: Jennifer Savage Subject: Letter of Support for Pizza Simpatica! Hello Ms. Savage, Based on my years of working professionally both with Lisa Rhorer and with Kevin Sheehy, I must speak up emphatically on their behalf. They are both highly respected in the wine business, not only for their sense of taste and style but for their professionalism, concern for quality, emphasis on keeping the customer happy, and for participation in the community. I am an enthusiastic supporter of their proposal to improve the business currently known as Los Gatos Gourmet and elevate it to a higher level. I'm sure it will be a great new asset for the Los Gatos community and for downtown in particular. Please do not hesitate to contact me if you have any questions or need further information. Respectfully, Peter Hiers President and Founder, Rising Star Wine Group, Inc. peterhiers@att.net cell 831-224-3135 1 C L 0 0 0. 1' _` u u 0 , ^i t 1,71 --� �= �,; � �K f . 44, j3..G . 3� t3.s { .} r ..,r WAD, ! za Q { __may (- i i� ErZ lizazsi 'AttuF I= r : coesxy AA„ I Fy=- r �a L�^ , r " ' - t A , _,. Mr .L.1. ".J <<1 oz 0 c uJ mit mmt tZI 4.(4t) W eiN �d Attachment 8 • F-�J' ' (partial) Jennifer Savage From: Lisa Rhorer <Irhorer@gmail.com> Sent: Tuesday, August 09, 2011 3:46 PM To: Jennifer Savage Subject: Fwd: community benefit Hi We are going to offer Los Gatos Wildcat Students a $10 to go special that includes Pizza, Side Salad and an Organic Soda. The meal deal will be available from 11:00am to 6pm. Thanks Forwarded message From: Lisa Rhorer <Irhorer@gmail.corn> Date: Wed, Aug 3, 2011 at 1:52 PM Subject: community benefit To: Jennifer Savage <jsavage@losgatosca.gov> Cc: Pat Romano <psglromano@gmail.com> Hi, I discussed the traffic sign community benefit with Kevin. To be honest, $12,000 seemed a bit high to us on top of our opening expenses. We have come up with another community benefit. We'd like to develop a meal deal for the Los Gatos Wildcat Students. They would get a packaged to go meal option from 11:30-6 pm at a reduced price. The daily Wildcat special would be posted on our web site and we would give participating students a Pizza Simpatico Wildcat punch card to redeem their discounted meal option. Thanks, Lisa On Wed, Aug 3, 2011 at 7:26 AM, Jennifer Savage <jsavage@losgatosca.gov> wrote: > > > > > Jennifer L. Savage, AICP > > Associate Planner > > Town of Los Gatos Community Development Department > > phone: 408.399.5702 > > website: www.losgatosca.gov/planning > > i Attachment 9 > > Public Counter Hours: Monday through Friday, 8:00 am to 1:00 pm. > > > > Town offices will be closed on the following holidays and furloughs: > September 5, November 11, November 24, November 25, and December 23, > 2011 to January 1, 2012 > > Lisa Rhorer Proprietor/Wine Director, Cin-Cin Winebar Certified Sommelier, Court of Master Sommeliers Certified Spanish Wine Educator, Wine Academy of Spain Executive Board of Director, Los Gatos Chamber of Commerce 2011 Vintner Captain, March of Dimes Celebrity Chefs & Master Vintners Event, September 18 - San Jose Fairmont www.cincinwinebar.com Visit Cin-Cin on Facebook - become a fan Lisa Rhorer Proprietor/Wine Director, Cin-Cin Winebar Certified Sommelier, Court of Master Sommeliers Certified Spanish Wine Educator, Wine Academy of Spain Executive Board of Director, Los Gatos Chamber of Commerce 2011 Vintner Captain, March of Dimes Celebrity Chefs & Master Vintners Event, September 18 - San Jose Fairmont www.cincinwinebar.com Visit Cin-Cin on Facebook - become a fan 2 Thank you N 6 0 rn 4) 0 o H COMISSIONER JENSEN: C for your patience. West Main Street. Application U-11-006 for 91, the Commission will consider this is a matter that y 0 0 0 the Town Council. We there a Staff Report? final action here SANDY BAILY: project planner on this. Use Permit, 0) property. There covers two businesses: Los Gatos Gatos Gourmet Applicant is requesting approval to allow a restaurant with indoor and outdoor seating, beer and wine service, and modified hours of operation to operate in this space. The N CO T o N Nf ,p r CO 6, o • N f•larc,ll H .-i .-, .-, 0 N CO N N N N Vice Chair C 0) O C -a 4) -I 4) 0 V1 0 41 4) C b+ N C 4) 4 W 0 h C O 0 O) ❑ rood 41- 4 .-iO N 4 4 B ro 0 ,C 0 £ U F Wendie R. Rooney Judith Propp Town Attorney: Transcribed by: N N n ▪ 7 Attachment 1( reviewed the Town found that the deli use was complementary conflict with of the existing retail area, which would maintain about 25% appears insufficient to maintain a retail use. requirement 4) The subject application triggers benefit. The Applicant has made a has offered an T 0 0 G) 4 community benefit offers and most electric car adverse impacts or contribute to an item that has been satisfied. As conditioned the project would meet the Alcoholic Beverage Policy and the denial given that restaurant use. Staff that is primarily retail. deciding body should consider whether the N L F the community benefit would outweigh the traffic impact. m G, O 4.1 CV CV V. el .ti • h m N O .+ N 01 a .r e-1 r1 • rl N N N N N N and 101 West Main, Los Gatos existing business at Roasting Company, would reduce the intensity of its use. proposed hours are Sunday through seats. The 10:00pm, and Friday and Saturday 0 m 4 0 O 0 1• -1 N -4 O • v) 4 X 0 • .i 4 0 m E. .1-+ Policy requires 11:O0pm. The Alcoholic Beverage Policy also strongly discourages new applications for 01 3 0 m circle, however the Applicant states that there is no Staff has included the standard condition that meal service is required with alcoholic beverage service. The Applicant is proposing to make food service available during all N U G) CO 0 0 0 W consider whether making new restaurants in the C-2 4 0 W review of all applications zone. When the existing CUP allowing the delicatessen was . i N (`1 a m O1 O CV tf 7-4.+ ti .+ .y ti 02 en O CV N N N N • N deciding body could decide whether it makes sense or not? say yay or nay to a particular thing? Do we have do not. We can hear more benefit and if there are several alternatives you can those comments on to Town Council. this time I'd like COMISSIONER JENSEN: and as in the call the Applicant v 0 U 7) 4 please identify yourself for the hello. My name is Lisa Rhorer. 0) N LISA RHORER: you for the .54 C N L c. 0 U a1 O0. cn N N a Applicant for opportunity to speak on behalf of this new CUP. about building a simpatico relationship with the Town and our Main Street neighbors. We propose a mix of casual dining, wine bar, and This new concept, with a retail and cafe mix, is economically viable, whereas the current Los Gatos Gourmet Pat Romano, concept is not economically viable. My I are enhancing the existing Los Gatos business model 23 c as N 1'1 Y 4) '0 N CO 0) O • N 4p 14CC 0,N L 1 .. .1 .+ .. b '0 0 0 -� 1) C Q) 7) N 0. H ✓ F .i w C • w N G 44 0 m m `o z 0 Q1 • 44 h 4 44 4) • a ra-u 0 c) u' z c o n o U C 44) N t-4 4 H i 4 E 0 L O O U F w o- ✓ m A .4: C O N .a a) N Q) > 0 ms 6` Ms. Savage. Any h C the proposal is to modify an existing JENNIFER COMMISSIONER O'DONNELL: a Dutch door between two different uses so that they can COMMISSIONER O'DONNELL: JENNIFER SAVAGE: COMMISSI M COMISSIO question 0 O N w a) a 0' that is proposed to us. Do we have to decide, identify a range of benefits that then the ultimate N. in 110 • 0, •-•-• 'may •~-- CO w r N have with Cin-Cin, and to keep the historic nature of 0 O building. Thank Commissioner Bourgeois. You used the term "wine bar" in describing what you're proposing, and yet your application says there is no new b rat 0) E 0 W specifically can you show me on the site plan where alcohol I can provide some context LISA RHORER: for that. The current Los Gatos Gourmet space is a deli and a wine bar. There is no standalone wine bar per se, a and so when I use the term "wine bar" I'm referring to come up, I'm referring to the fact of having different wine options available on the menu. For instance, tastes, glasses, and bottles. Currently in the space every Friday there is a wine bar component at the Los Gatos Gourmet, so we're just taking what already exists there and that we'll have is augmenting it, and the physical N e N �D tm 01 O • N C/ 1/1 T N N NN N ▪ N • N compete with the new cheese shop that was recently T O 01 0 0 w 0 approved, Fromage. Main Street space without having T 0 customers within the w 0 W 0 capture more customers and a wider demographic to draw more Street merchants. attention 0) 0 Whole Foods, experienced in actually increasing retail have demonstrated a proven ability to create a gained accolades from top media sources such as the San b 0 O W and wine destination. important to note that the current space is only utilizing one-third of the I also wanted to add that we plan dedicated to retail, .-r Cl (f1 a ul b r CO 6% O N 1,1 6+ O ti N l�1 N .-+ -+ N N N N N N larger space that will exist when you change the configuration? is cheese and salumi and sandwiches that you can order to glass. So that already exists in the Los Gatos Gourmet. then as you walk further there is a whole bean section, which Teri Hope was the two units below, so that space, there 0 a4 consolidating not be anything there. There's also two big storage units that are really not being used, v 4 O 1) only a third is being used for retail, it's because lot of unused space that we want to convert into usable ro my question COMMISSIONER O'DONNELL: (0 m 3 0 T 0 3 •O C Y Y perhaps was even simpler than that, I'm just wondering, helpful answer. don't know whether the H •O C (0 Y 3 0 you walk in there and you see the my space in retail I third of e-+ N f•l P ✓. (O F mcr,O N ('1 O 10 O N ^I •-I .-w .-1 ^ N N N N N N y O a O 0. T 4 N .0 O C 3 0) 4 0 -0 C ro 0 C t N w w 0 4 O 4 0 0. 3 I understand the physical situation. I am at Roasting Company every O F O does appear that not all 0' G m m 0 c G Q) O 0 0 O v) H 4 O. C W 44 O 0 •a +� 4, a 0 W O C) 0 O v O .( N O. d) all that often. delicatessen is used for any available purpose that understand your proposal, but you can't see it. 0 O 4 0 U LISA RHORER: the present V-� 0 Y N 4, used for retail? don't know how H L 3 0 0 Z 4 O U N LISA RHORRR: COMMISSIONER O'DONNELL: is applied to, but is it many square feet that one-third ra N N to disagree with Staff because the basis you absolutely are, aren't you? a 0 S a H a opportunities to purchase the retail and be more aggressive COMMISSIONER you that when I look at the floor plan I table and look at a modern restaurant that has you can sit and it has a counter where want to sit at a table that's not a standalone bar, but in the seating and floor plan. what your concept seen that there's a lot of including our own, we've that come, maybe their spouse is out 4 .-1 a O 0) a don't want to call to grab a bite for one, and the attention to themselves and sit at a .-� N Pl © O O .-1 N 1.17 ti .i ti OI 0 - N co v J1 N N N N N E 0 0 4 E O ti behind the wall you talking about from that wall forward, not including the back space? 0 4 w I'm talking for retail. That's a tear out the existing counter, you'd go all the way 0 0 back to the supporting wall, understand it. H m 0) •0 • 0) u 0 0 0) 0) r• 4) 4 14 ro L ro 0v -- u ro 4 L ro m v >. if you had the same O u1 the percentage would go down, having a third just by definition you'd going to look at ways to c 0 0+ LISA RHORER: COMMISSIONER O'DONNELL: footage of Instead of LISA RHORER: new food counter that incorporates the cheese and a T m the salumi is going to be there in place of the cold so that's going to be there. The wine is still that does not go away. So unfortunately I 0 4] the cafe, .1 N I•I s 41 ID N D) 0' O N t.1 4l 04 O .-1 .-1 .-1 .+ .ti .i �+ .+ �+ .� N N N N N N minutes when people have finished talking. My first card is from Lisa Bryant. Hi, I'm Lisa Bryant and I live at a ro patron of Los Gatos Gourmet where I 150 Blueberry Hill I've been a loyal frequently enjoyed the wine tasting along with buying I've been in the area for met great people and am very excited about a European -style you have been able to eat at Cin-Cin, Cin's chef, can only imagine what he can H 0 W the food is fabulous, for purchase and being able to taste before buying is exciting me too, because I would rather buy it here than in Anderson. them are 0 C r) • N U local small a 0 C 4 m 1Oi > 00 u O Los Gatos businesses. Lisa's business is a ti N tt © 40 O N-i Ni tO T O .-. r, rl c ✓1 ^ r'i ti e-1 N N N N N N food counter area or 4 0 4 a .0 is kind of what I would call the action seat. You get to alone and v U) see what's going on and you don't to meet other people in town that good opportunity have had the experience to meet, 0 opinion a community benefit and that's why you see two restaurants in town, but not a lot of low -end, so where are you going to be? range. This is really about small plates and casual dining. Cin is more casual, possibly one lower and it's going price point is going to be much a smaller, simpler menu. Rhorer? Thank you very much. LISA RHORER: .i N In c :(1 b a JS O N 04c LI) MT N N V N N N but the retail size will not decrease, so iL will increase, Like a net doesn't seem her application seems consistent to me 14 0 food service expansions. Restaurant James with many recent So it appears that 5 0 a1 and Gardino come is making under are decisions that the City Council benefit and reasonable land use seem to be the criteria 0 O u 0 a I support the approval of this application for the general benefit of Los Gatos. Pruzansky; I New York City, traveled a grown up JAY live at 16334 of Los Gatos. around in. downtown that you have three N 40 W v U Ea a live. That being said, I have a vested interest in seeing Los Gatos thrive. .1 N 1•1 v �Il 4174 CO CO H �y ,y H H •.1 .-4 .+ .ti N N N N N N downtown retail area and the So as I look out there are land use and benefit of the health of the downtown area. four points that seem salient to me. proven and successful restaurateur. I live in Willow Glen and my next -door neighbor has become a religious advocate of Cin-Cin; it's they're foodies. 10 a new formula and bring something special success out of the downtown is highly create a popular eatery, and I think what will H retail businesses there now, and .44 0 0 There are a think it will increase the H benefit them all. v U ro Oa traffic, it will be more of a hip place, it will be a come and hang out, and the retailers will 0 for people definitely benefit. 10 CO 1•1 N ..i r. ... ti .-i .-1 ti N N N N N N see storefronts empty —I think that we have to bet on people who can deliver. Thank you. you. Questions? Thank COMISSIONER JENSEN: don't see her anymore. No? Teri Hope. And you. Sam Rohde. the record. Fred H O W was here, F rn live on 116 Alta Heights Court with my wife, who is here, Evelyn. We've lived there for ten Before I was injured three months ago I walked least three evenings every week and we walked m e 0 0 a 0 N 0 to Main Street and did a loop C 0 O from Alta Heights Court University. During C 0 down North Santa Cruz and back delicatessen but the Gatos Gourmet, and not just the wine tastings and have gotten to know Kevin Sheehy, our veterinarian who pours wine there on Friday nights; very reasonably priced wines, and that's something there in the masses. c N l0 r- 04 0 ▪ ti N tiLID ti m I've been seeing lots of communities of retail I'm not going d has done in O O' 0 m m a O �r. ro 0 0' w :J ro 0 .0 -' 3 'O CO 0 MS ro m .0 m wonderful a comfortable place 0' C x ro E location, become a destination draws people imagine will happen at this spot on Main Street. >- 0 O 0 ro (.1 But I think two points that haven't really been made are W .ti 0 U N W C H whole corner where usually a lot of to find parking after dark that office is, Main Street, there's parking there, because it's me she was a 0 L aren't walking there. Even before Lisa there, driving through there it looked like that C .ti a 0 .H 0 0' just having a -14 0 -C 0 light to that area. up that area and get people walking. The other is just, again, having somebody who has knows how to be successful, 0 been successful, the changing nature of towns —I mean just ✓ N t0 W T O N r 28 Bachman, and we sell called C.B. Hannegan's; it's the idea of Lisa selling the pizza is going to be O cn m N N a it's good competition, competition for us, job and is a good operator. because she does an excellent it was taking up a I wouldn't be standing here H space, and I don't think that is the case here. think she's using one-third of her building and I think it was a poor decision on Teri's part not to use more of years we've been cr as everybody knows, and for the can say right now it's harder now than it ever 0) 0 4 0 va doing it I was before H Gatos Gourmet to work there has to be some changes and think Lisa's plan is wise and good. I think she's thought H H as Commissioner O'Donnell from the storage and the office area and think it could a) 0 O H .c 4 L 0 E N ▪ 1 i ro d co -•7 3.3 ro 3 L (1) 0) m 7 4 would be against a new restaurant L4 ,11 4 0 0 a-+ H • tO r CO 0 0 N (1 • ‘O r m N ri a v+ ti H H .+ N H N N Lisa's operation at Cin-Cin has already been Hannegan, who is here addressed. Between Lisa Rhorer, John and Teri Hope, in support of the application, Sue who was here, what we have is over 100 years of actual rarity to succeed in any restaurant town, and it business. H rare, and accept the recommendation. I would suggest that the soft denial on this application based on what has been said 4 ro and what you will personal experience Christopher Schloss can attest to that personally. I H really look forward all the components O 0) 0) a) it's got all the backing, Y 0 0 H success. a 0 T John Hannegan. Hannegan at 440 San Benito. We also have a restaurant ... N m T O N 11 • �Dco0) O - Nccsv1 ,-. ,—• .n .n .ti .a .r N N N N N N Italian desserts. We will feature coffee service featuring charcuterie, gourmet artisan cheese, 0 01 0 0 0 v t rJ 0 W the concept With take-out provides an outlet experience each time you visit. Its Italian focus cuisine '-i used correctly and kind of like a shadow of what is restaurants have been the most exciting and to eat these days and in my mind there's nothing this area. that have inspired and urging from other chefs in the area O •0 0 L C) 0) 0 C for something much like Cin-Cin, as we're all looking My ultimate goal network of young talent who need a place to display their strongly feel that this project would improve the N N - el v N 10 1- m Ol C N 1`l • N '0 M1 0 QY fact of trying to do business with good operators. I would H N 0 Hannegan's. We will a. U good challenge for 0 J-1 0 N 0 E L 4 a C 0 -a r1 C7 d m 0 0 A 0 0 0 rn 0) 4 0 0) X 4-) U) 7 10 O .Q conjunction with her in trying to make Los Gatos b 0) 0 0 O 7 by local people I think the better it is, so I'm all for Any questions? Chris Schloss. 7 O T questions? Thank E Ff my name is Chris Schloss. CHRIS SCHLOSS: 0 Cin-Cin Wine Bar L m currently the executive chef Restaurant here in Los Gatos and the proposed chef for the Simpatico. new project, from Los Gatos High School. I'm very town. I cooked abroad for ten to twelve familiar with for me to be able to share what I do here in Los Gatos. I'm not here because of my .involvement; I'm here care about this project. because I actually 4 7 0 u 0 0) 0 0 philosophy for the culinary side of the W ;J a 0 0 0 U gluten -free options, and small plates, six gourmet pizzas, .--� N m v N 1G r m C. O HF • c tr3 OS + O N ^1 4-0 v N N N N N current area of the last couple believe that show an expansion in retail in place will actually of that unused square footage the offices are currently 0 0, 0 X ro 1, that Main Street of Los 0 C -A idea of bringing a new idea 0 y lately in the evening time that's really 01 v 4 .0 L Teri's Hope been a source of slow foot and brought in a new vitality and a new energy on opposite side of downtown and she's been a proven success T A side with a concept where they're supporting each other's a) 4 0 w N ▪ N v 4 ,C r CO O, ▪ .y • .--' .- .+ ▪ .i ti y • N N N N N N U ro Y 0 J-' CT C v ._ 3 0) 4 E o 0 w v1 C Y C 0 0) O 4 O 01 1W 44 H • C C 0) RI LRI 0 m O 7 a w C Q) al N 5 U O h a 0, 4 C ro -.I C +� -a 0 7 ae CI 4 U U I'm committed to making this a people can talk about, and success and becoming a culinary presence in this wonderful town. Thank you. you. Kevin Sheehy. E H Thanks. I'm Kevin Sheehy. been the one two -and -a -half >4 it 0) 40 IT m ro .4 0 •� u 4) >, ro O .0 a .0 ro al A feel pretty H the wines and then Friday nights I've been orchestrating the tastings, so gotten to know my clientele and I wanted to specifically Commissioner O'Donnell's question about the square footage. can't tell you how many times customers that H office space back there? come regularly say what just sit down Wouldn't it be great but we're only using m N N PI a ,D [' W O, O N 11 V .y N f�l v ✓1 .-� .y N ti .. ti .-r .� 04 N N N N N to continue the vibrancy of the Los Gatos town I know there is this idea of let's manage X 0) N JJ 7 A C O amount of retail for the balance in the 10 reality is Consumers are continuing. We're seeing the state grapple with this with trying to tax Internet commerce and what we're trying to do, or what I perceive to be happening to offer another unique place and is the ability think you only create more of a people enjoy to come out in your town. nexus for people 4 7 O looking at think it's a good thing H Staff Report it's amazing to me that Cin-Cin has had zero worked in the restaurant calls for service. Having for 20 years it's really difficult to achieve that as responsible as an owner can be, someone could still make a mistake, but this manager/owner is very vigilant in of those things happen and I think making sure that none that's a nice pedigree to bring N c 0 your Council. O standpoint, you offer recommendations policy level I would say this offers the amenities that you like in the Town of Los Gatos. We're not opening a .O 0 0 w or discotheque here. This is a place with .:2 U '0 w 4-1 -[ O -0, 3 c 1/40 N N UD , m ONO .34 .+ • 41 .a m 04 0 .0 N ('1 < al ^'1 ▪ ti NNNNNN Los Gatos residents, but the greater Silicon Valley nature of I'm cognizant of the fragile v c o !J Y 0 0 0) 7-7 lT 4 O H i, a A displacement of retail, I think we're at in the sense this proposal 4 0 l7 O] x questions you have. Pierluigi Oliverio. variety of restaurants and businesses you have. You do have having unique businesses. You're not very much a a trade of I think Cin-Cin or the variety of other corporate chain and unique restaurants offer something unique and people come for that. Clearly this does not have the complexities that you faced before with density and height and idea of allowing corridor. This is really the simplistic their ability to open up someone to risk their capital and < N 'O m 61 0 N N N N N N ▪ N 1-1 Again, I think Lisa reaching the heights of Teri Hope who has been a ro m 0 a.1 been great. We consider her same amount of time that 01 4 0 O O W 0 T W C 0 i !1 U ro O t 0 a.4 U ro u W O 0 ro 0) L co 4 4 O 0 W U the location 0 ro o) d ro W O Teri's been there, would just respectfully request hands, so we recommendation to the favorable that we can proceed with Lisa and her business partners in this endeavor. Thank you. is my last card. Jay Conover. at 25 Reservoir Road. I've been there about Main Street. As a neighbor to businesses that serve food there's a certain amount of picking up that has to be done, I'm probably more enterprise, if you will. 0) t Y W O L 0 0 W building, and the building certainly has its charm up and down that street. 10 4 m 01 0 .~i N 01 N 4fl a ,) r-I.ti .-+ •-• Questions? Thank you. Jason z z 0 &7 > 7 x 0 ro X E. • 0 _-, u ro 0 c 0 a U 4 0) ro 4 &. COMISSIONER I'm here just representing v 0 as a the landlord group. I'm one of the owners of the I'm not going to waste your time reiterating all the other excellent and on point. C ro We're big fans of Lisa. She's clearly established quantity had Teri Hope in this location I think since location, but we're so excited to have Lisa bring the Town is looking for. 0 x L F-1 outside seating, which increase the O 44 This raises a perfect opportunity the building. outside seating in the it's a nice area in the rear of the building. sure it's clean and presentable for the public to enjoy. LOS GATOS N E -, N M a .C. 4-1 .-a 4- 10 ti 0 .a-1 .+ N N N N N N and egress out of the back since alcohol will be served out Lhere? So could you tell me what the Yes, absolutely. LISA RHORER: v 0 m that area monitored, and just to clarify, we're only looking at maybe four to six seats to go out there, we're only going to be serving our establishment aren't customers that we attract w 0 so they're Cin, which is 4, '0 E 0 a, 4.1 0 0 10 0 N 0 m E that the space is no delineation of no alcohol there's no gates or beyond this point on those stairs? There isn't now, because the patio 0 x 0 N .0 m 0 COMMISSIONER BOURGEOIS: make sure there are no other questions. Okay, thanks. Now 0 - y N N yi .-4 r 0 r .� 2 o£ FI cn OO U O C9 N O Z a r; Cn aO\ O Norc E m U e cn 4) oa N l•1 < .1 1D h CO 04 O ^ ▪ LD hasn't been there are C rt to see what that presentation .is going and I'd really in the back. v .0 I'm concerned about alcohol being served back 0) U 0 a4 late into the evening, because there is access of the building, you could enter these various spaces from I think that needs attention and the back of H kind of approval takes place. Thank you. W H o al •00 N 0 .0 J-i i i e) CJ .0 1! -.i 0 0 0 ae 4 cn a all the speakers cards you. That is is dying to T •0 O .0 N 0 V! don't see anyone. Ms. Rhorer, you can come up and talk fo.r you like. You don't have to. Commissioner three minutes Bourgeois has a question for you, so why don't you come on quickly, .at I had and that is do you plan to control ingress W 0 not thought r) v N SD [. m 61 O '+ :V to c 1 CO O1 O N 4') ifl .-, 1-4 N N N N N N in my mind then would be the a 0 o don't think anybody H .•4 have a problem. The restaurant however opens at I clarify whether that's in T ro JENNIFER SAVAGE: particularly interested in the daytime hours. For engineering calculations in JENNIFER the calculations on the T W .0 0 m also do an average daily trip increase as well. won't have a specific number for, say, a noontime hour. The use does increase both the average daily trips and the PM peak hour trips. Any other questions or COMISSIONER N m N (+1 a 41 0 N 0] 0, O 01 .y ‘.0 CO ,..i .-� .a N N N N N N a ro I'm going to close the public portion of the hearing W O to fellow Commissioners for comments, questions O 0 .-f motion. Commissioner O'Donnell. as Staff, and/or first thing that m N COMMISSIONER O'DONNELL: comes up on an application like this again is the Town's policy about not a) O a) s, ro 40 0• m ask ourselves is is it a straight feet in retail and N your retail sales, would that satisfy the Town policy? don't know. satisfied the Town's policy was not putting a kitchen in there, because apparently judgment a E c 0 which is 0 0 0 under the Gardino rationale having been said the Town Council. r+ N el a ul t0 h CO T O N f+1 N f0 P co 0. 0 r N t•'f e N ti N ti .. .-i .+ .-+ •-• N N N N N N the restaurant use in that particular space i.s of. concern E 0 a We've heard about increasing foot traffic in the 0 lJ is not meeting the Staff's policy and al c 0 5 0) 0) 0' O ro U m 3.4 "O 0 0 0 0) 0) 0) -c a.+ 0 of denial. don't often, but I actually H 4-4 G H 0)E -. O 6 +, U 0 ro 0 0 O ro 0) E v O r'0 .c U .c +l 0) -.a 14 FI o H think of retail, S Commissioner Bourgeois. When I going to go buy a dress or shoes or something like that. I know that retail encompasses a o c ro O 0 0) .-i for a wine bar. They're already serving space where they 0 0) cn 0) 0 0 0 4, N to < l0 O Gl 0 N M ✓, 1 m 01 0 N cill .1 .+ .1 .1 N (V N N N N COMMISSIONER BOURGEOIS: and I'm embarrassed that I need to ask this, but w ro cn could you remind me of the uses prior to Los Gatos Gourmet? one time it was a creperie I JENNIFER SAVAGE: just make a quick was my recollection. application in the When we're looking at Pizza Simpatico context of going from Los Gatos seems like it doesn't seem like that big of a the same thing service, and then get converted all over to that eventually intent of the Town's policy, especially by meet the m c+ .. N m < .n r` m c o N <✓t N N N N N N m Cr) O N m a 4- 0 r -d z ro OE H cn � 0) £ 3 O U O� 0 0 Z y Z n 4 cn 0 FN a O E c O a)" Everything from there Also the policy was that once you convert to a restaurant you never go home again, you never go back to That's what the Town said. But then with Gardino they said well ID E O kitchen in. again. You can go home again. Just This doesn't have a real 4 d y if I try to follow what the Town is telling us, policy, I think it is arguably not a technical conversion. I'm very sympathetic to what Commissioner Bourgeois is saying, but I'm trying to follow the policy. thing for the Town. we with you. This is a good it means anymore. We've always used Saratoga as we don't want to go there, and I say that with some respect to Saratoga. But we the Internet, what is the impact of the recession, I would like to I'm just going 0 to interpret this the way the Town Council apparently is interpreting it. If they want to change it I will do it the Co OI O • N 1�1 • a'1 - N N N N N N the corner is pretty much food, so retail space. w 0 40 0 • 0 u d 4 ro 0) ro v v N L+ 0 H The only other thing I'd say about it is that when I talk to people that are residents of the Town that priced casual option where they could sit outside, and that sounds like what this would be, and we don't provide a lot of that. So to me we're actually increasing opportunities W O et cetera. If they come in and buy a bottle the policy, but I don't see it as W O 4 .-4 d z a ro ro y C H C o 0) O N -., •., 4 C H C .0 '11 O £ 0 o 0 £ -.1 0) ai • U) 0• UU 0) al 0) C 0 Lt 0) .0 0 .O, 0 0) .•I V •.l CO -.1 03 y '.I CO 'O 4-1 E • I .-1 d 0) 4 4 C 0 4 •., ro 0a 3 > 10 U • u U 3 '1 the lack of H 0 0) In ro 0 0) A En in the past, and we great. So yes, particularly in this area. S in what the Town is doing with this policy, sought to enforce I thought strictly found out that that was not how the Town Council sought Q) t y say that critically; they're enforce it, I think we're not can make an excellent ones that tell us what the policy conversion. To myself I technically this could help retail and not hurt e 41 10 G S 0 .e ▪ 01 O .--i N P.1 - -� ▪ .y .-� N N N N • N findings with the notation that they are requesting service unit use, and food and beverage service with indoor/outdoor seating. The rest of the language can remain the same. I Conditional Use ro 0 0 w rn w the required 0 Town Code, v .0 L of the Central Beverage Policy. Commissioner O'Donnell. Commissioner Erekson, I have a .0 question for you that I anticipate might be raised Staff, and the should we require food to be served or are we w ro satisfied with food being If you don't want to, rt that in your motion -, N t^ v al MP m O• C N <1l1 h agree with the Chair on her interpretation of get very nervous W Y H would argue either a violation or it isn't a violation. it's not a violation. COMISSIONER 01 1, motion? Commissioner Erekson, before you do is requesting approval doesn't seem to me that that's a hours of operation. It proper characterization of what described as it is a mixed -use business retail space, and partial wine partial restaurant, partial H to characterize it as a restaurant is really not, I'm willing to make a motion. 0 accurate. don't believe, the required the application to the Town Council and make 0 N N N co • C r Z ro O H J.] 0 N E 3 O U '4 Z Z a w 61 m N E " O E • w O a, - N P u! IG • m S - N M co Ol O • N N N N therefore if Staff feels that there is some legality to what appears be rather silly as far as its enforcement ai •0 14 E b 0 a ' 0 O 0, C u 4 0 Oa a n E H x • C 'i n v . u O H f4 4 m 0 0 m 0 O U But I agree with to hear that. is concerned, v H of this, that basis, their experience, their knowledge 4 O w O •O require the condition. Otherwise it would be a E Y 10 to someone could '0 O O� 14 0) O O. a i '0 0 a) C Ol E d 4 0) 4 subject to the the motion whether he would consider such language. J-' '0 L� v vl lD f` CO C, O .--t .-' 0 •--� N '+f .a .- c N N N N N N N N N N just want to know if you want to do fine with me, but I question is. report that to be consistent with the Alcoholic Beverage Policy they must require x0 N have food available but we aren't making anyone eat Do you understand? '1 1I 3 --i I understand your COMMISSIONER O'Donnell. COMMISSIONER O'DONNELL: 0 0 0 W although we say 07 a a W 0 0 73 01 M Y Y9 l0 C` CO Os O N M' Jl l0cc m O N l'1 Jl .y .+ .-� .v .-i .-+ .y .+ .+ �� N N N N N beverage use based on the interest of customers over time use specifically the question. about the motion? Okay, Staff needs to say something. need clarification on two items. SANDY BAILY: One is in regard because the community benefit originally offered N 0) w .0 0 0 ro by the Applicant that is noted in Condition accepted by the Town, so right now we have no community The other clarification is for the Conditions of E 0 N W assuming you're including all the conditions that are this earlier, whether we had to make a specific line item ▪ y 0 O N N N H C r .,i z O H N N � E O U O-4 z Z ti z Z 0 O E co a) O 4" a " 40 0) 40 h CO C• O - N bit of slippery slope when we have a hundred -percent m 0 r a) H concerned about like very slippery as an avenue to displace more retail. 41 0 0 0 0) m N do you want to want to respond COMMISSIONER EREKSON: that briefly. I'm very sympathetic with it's really difficult Bourgeois' useful purpose to make that serve any a+ w 0 0 v 0 co 0 that's the don't know " I appreciate that, my sense appropriate measure. So while fluctuate with greater specialty retail in it and it might + N f.t v N t0 h m rn N 40 0) 40 hCO ON anything else? COMISSIONER JENSEN: in favor? Opposed? set on the Council v .0 u m opposing. I assume this will agenda and the Applicant will be notified? •-1 N M v N ID h co OI O N l•1 Y) '0 h CO O• 0 N •4) .d .i .-1 1-1 N N N N N N community benefit. that the community benefit is to be as they approve this, or You can definitely say that and a a M tL N 0 0) .0 u 4 C 'O 0) ..-1 Ol > u al .0 4 0) 0) 0) 3 N 0) O o v •0 the Town Council should actually say something? direct Staff to continue to work with the Applicant prior b a) 0) 0 0. 0 u 0 say the Town has rejected the It wasn't a rejection. It was i the community benefit offered would in some impacts to the traffic circulation w n• >4 u yl • n• £ 0 01 w 0 10 .-v u N O 0) 10 Q L 0) 0) 7 U C .0 J-) CO 0) N 0) 0) m 'O '4 a-) W 3 N 0) C >. N •-1 •.a .0 •ti .-) 0 a u - co H W E 7 at 0 u s-1 Z O 41 0 LI 0) 0 C 0 >. N 0 4-1 •O 'O 0 U Can I suggest to 0 0 0 0 E 0) .0 C he include COMISSIONER JENSEN: C 0. .0 4i Ol 0. 4.1 N N 0 0 Y 0) u W la 0) 0 0 01 to a community benefit? .-� N C.1 v 0 0 c'• m T O CO 0,0 •+ � N TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: July 13, 2011 PREPARED BY: Jennifer L. Savage, Associate Planner jsavaealosaatosca. aov APPLICATION NO: Conditional Use Permit Application U-11-006 ITEM NO: 2 DESK ITEM #2 LOCATION: 91, 101, & 109 W. Main Street (south side of W. Main Street, approximately 280 feet southeast of N. Santa Cruz Avenue) APPLICANT/ CONTACT PERSON: Lisa Rhorer PROPERTY OWNER: Sue Farwell APPLICATION SUMMARY: Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. RECOMMENDATION: Soft Denial. EXHIBITS: 1-13. Previously Received 14. Letter in support of the project (one page) REMARKS: The Town received an additional public comment in support of the subject application (Exhibit 14). C. nr .1 /40 .1),A Pre by: Approved . • " Jennifer L. Savage, AICP€ndie R. ' .. ey Associate Planner Director of Co unity Develop WRR:SLB:cgt NI:IDEV\PC REPORTS \2011\Main109.dsk.#2.docx Attachment 1 RECEIVED JUL 13 2011 TOWN OF LOS GATOS PLANNING DIVISION Honorable Mayor and Town Council, We write this letter to encourage you to approve the application for Pizza Simpatico. While the Los Gatos Coffee Roasting Company (a mainstay in Town) has been tremendously successful over the years, no one can escape the economic strife the recession has laid upon small businesses. Los Gatos Gourmet is a prime example. In order for a business to succeed in that space, changes need to be made. We believe that together new restaurants with creative new ideas add to the already unique and diverse dining experience downtown. We strongly support Pizza Simpatico's application. The business partners have established their other businesses in Town with class and a high standard of professionalism. Anything that helps their success is good for our vision of a thriving downtown culinary experience as part of the Town identity, is good for synergy for other local restaurants and businesses, and is good for the Town as a whole. Please vote to approve their request. Sincerely, Gino Fumia, Jim Foley, and Joey McCarthy Founding Partners Rootstock Wine Bar Los Gatos Cc: Town Planning Commission 217 N Santa Cruz Ave Unit B Los Gatos, CA 95030 (408) 356.2300 Fax (408)356.2338 EIHIBIT 14 TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: July 13, 2011 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: APPLICATION SUM REMARKS: Jennifer L. Savage, Associate Planner jsavage(a losgatosca.gov Conditional Use Permit Application U-11-006 ITEM NO: 2 DESK ITEM 91, 101, & 109 W. Main Street (south side of W. Main Street, approximately 280 feet southeast of N. Santa Cruz Avenue) Lisa Rhorer Sue Farwell MARY: Requesting approval to o perat e a restaurant (PSi izza Smp atico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. Following are recommended conditions of approval from the Parks and Public Works Department that were erroneously excluded from Exhibit 3. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. Attachment 1: Planning Commission Desk Item - Page 2 91, 101, & 109 W. Main Street/U-11-006 July 13, 2011 TRAFFIC IMPACT 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 $1,080. 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 the application for 44 seats. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide Community Benefit based on the Town Traffic Impact Policy. Prepy: Jennifer L. Savage, AICP Associate Planner WRR:SLB:cgt N:1DEV\PC REPORTS 12011\Main109.dskdocx n Approyed by: endie R. Ro Director of Community Developmen TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: July 13, 2011 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: Jennifer L. Savage, Associate Planner j savaQe,(a,losgatosca. gov Conditional Use Permit Application U-11-006 ITEM NO: 2 91, 101, & 109 W. Main Street (south side of W. Main Street, approximately 280 feet southeast of N. Santa Cruz Avenue) Lisa Rhorer Sue Farwell APPLICATION SUMMARY: Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. RECOMMENDATION: PROJECT DATA: DEEMED COMPLETE: June 21, 2011 FINAL DATE TO TAKE ACTION: December 21, 2011 Soft Denial. General Plan Designation: Central Business District Zoning Designation: C-2:LHP — Central Business District, Landmark and Historic Preservation Overlay Applicable Plans & Standards: General Plan; Central Los Gatos Redevelopment Plan; Parcel Size: Surrounding Area: Commercial Design Guidelines; Standards for Outdoor Seating 10,890 square feet E Existing Land Use General Plan Zoning C-2:LHP North Commercial Central Business District East Commercial Central Business District C-2:LHP South Commercial Central Business District C-2:LHP West Commercial/Residential Central Business District C-2:LHP Attachment 1 Planning Commission Staff Report - Page 2 91, 101, & 109 W. Main Street/U-11-006 July 13, 2011 CEQA: FINDINGS: CONSIDERATIONS: ACTION: EXHIBITS: 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. ■ As required by Section 15061 of the State Environmental Guidelines as adopted by the Town that this project is Categorically Exempt. is As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. ■ As required by the Town's Traffic Policy for community benefit. • As required by Section IV.B of the Redevelopment Plan for the Central Los Gatos Redevelopment Project that it meets the use set forth in the Town's General Plan. • As required by the Town's Alcoholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m. None. Forward Conditional Use Permit U-11-006 to the Town Council with a Recommendation of Denial. 1. Location Map 2. Findings and Considerations 3. Recommended Conditions of Approval Street 4. Recommended Conditions of Approval Main Street 5. Existing Conditional Use Permit 6. Map of Existing Restaurant Concentration in the C-2 Zone 7. List of Existing Alcohol Beverage Service and Entertainment Uses in the Central Business District 8. Letter of Justification (six pages), received June 1, 2011 9. Supplement Justification (one page), received June 24, 2011 10. Proposed Community Benefit (one page), received June 28, 2011 11. Letter from 91 & 101 W. Main Street Business Owner (one page), received May 23, 2011 12. Existing Floor Plan (one page), received June 21, 2011 13. Proposed Floor Plan (one page), Received June 1, 2011 for 109 W. Main for 91 & 101 W. Planning Commission Staff Report - Page 3 91. 101, & 109 W. Main Street/U-11-006 July 13, 2011 BACKGROUND: The subject site contains five commercial spaces addressed as 65, 81, 91, 101, and 109 W. Main Street. The subject application modifies the existing Conditional Use Permit (CUP) which covers two businesses, Los Gatos Roasting at 91 and 101 W. Main Street and Los Gatos Gourmet at 109 W. Main Street (Exhibit 5). The approved use at 91 & 101 W. Main is a coffee shop and espresso bar; the approved use at 109 W. Main is a wine bar, deli counter, off -site sales of wine, and specialty grocery/coffee retail uses. In 1986, the Planning Commission granted approval to operate an existing restaurant at 101 W. Main Street. Again in 1986, the Planning Commission granted approval to expand the restaurant into 91 W. Main Street. In 1997, the Town Council granted approval for a new restaurant with no seating at 109 W. Main Street, which expired due a lapse of use. In 2006, the Town Council granted approval to modify hours of operation, allow special events, allow a delicatessen and wine tasting in the retail space at 109 W. Main Street, and off -site wine sales (Exhibit 5). The existing Condition Use Permit (CUP) allows wine by the glass for the restaurant at 91 & 101 W. Main Street only with meals. Staff analyzed the proposed Conditional Use Permit (CUP) modification against Ordinance 2021, the Town's Alcoholic Beverage Policy (ABP), and the Town's standards for outdoor seating. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located on the south side of W. Main Street, approximately 280 feet southeast of N. Santa Cruz Avenue (Exhibit 1). The property is surrounded by commercial uses to the north, west, and south. There are residential uses on the second floor to the west. B. Project Summary The applicant is requesting approval of a Conditional Use Permit (CUP) modification to allow a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation to operate in a 1,300 square foot space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet at 109 W. Main Street). The existing business at 91 and 101 W. Main, Los Gatos Roasting, would reduce the intensity of the use (Exhibit 11). The CUP requires a recommendation from the Planning Commission and review by the Town Council because the use involves the service of alcoholic beverages. Planning Commission Staff Report - Page 4 91, 101, & 109 W. Main Street/U-11-006 July 13, 2011 The applicant is proposing 38 indoor seats and six outdoor seats. The seating would use existing and additional floor space accessed by customers. Six of the indoor seats are shown at a food counter and eight are shown at a chef's circle. The outdoor seats are proposed on an existing wood deck at the rear of 109 W. Main Street and will be in addition to the existing six seats for the coffee shop. The applicant proposes to retain the wall opening and ramp between 101 and 109 W. Main Street to maintain the use of one CUP for the three spaces and to install a Dutch door at the existing opening. The floor plan shows a new front door location. Any exterior modifications would require approval of an Architecture and Site application and review by the Historic Preservation Committee. The applicant provided a letter of justification (Exhibit 8), a supplemental letter of justification (Exhibit 9), and a proposed floor plan (Exhibit 13). The applicant is requesting the following changes in use noted in the table below. h Restauran xistny 0M ' am,coposed r °Stree�.._ 109'Main' `° ._. ?Street e . ti.. _ .... Number of Seats Zero 38 — indoor 6 — outdoor Hours of Operation 6:00 a.m. to 10:00 p.m., seven days a week; Wine bar: 11:00 a.m. to 9:30 p.m. Sunday through Thursday, 11:00 a.m. to 10:00 p.m. Friday and Saturday, 11:00 a.m. to 11:00 p.m. Alcoholic Beverage Service Wine tasting; wine by the glass with meals Wine tasting; wine by the flight, glass, carafe, and bottle The business owner of Los Gatos Roasting submitted a letter explaining how the Los Gatos Roasting operation will change with the proposed CUP modification (Exhibit 11). The operational changes are noted in the table below. Cuifei, Shop Existing 911V ' main :ee x ` w=o o e[I'8c{ am Scree Number of Seats 52 — indoor 6 — outdoor 52 — indoor 6 — outdoor Hours of Operation 6:00 a.m. to 10:00 p.m., seven days a week 6:00 a.m. to 10:00 p.m., seven days a week Alcoholic Beverage Service Wine by the glass with meals (poured in 109 W. Main) None. Planning Commission Staff Report - Page 5 91. 101. & 109 W. Main Street/U-11-006 July 13, 2011 C. Zoning Compliance The zoning designation allows food and beverage service and outdoor seating subject to the approval of a Conditional Use Permit. ANALYSIS: A. Alcoholic Beverage Policy (ABP) The proposed project may conflict with general policy number one of the ABP, which strongly discourages new applications for restaurants with separate bars. The applicant states that there is no standalone bar proposed for the space (Exhibit 8). However, the proposed floor plan (Exhibit 13) shows the bar type seating as a food counter and chef s circle. Should the Planning Commission find merit with the application, staff has included the standard condition that meal service is required with alcoholic beverage service. The deciding body should consider if the proposed use creates a restaurant with a separate bar. General policies two and three limit entertainment uses. The applicant is not proposing entertainment. However, the existing CUP allows limited entertainment. Staff carried over the existing conditions to allow the existing limited entertainment in the commercial spaces at 91 and 101 W. Main Street. Staff included a condition prohibiting entertainment at 109 W. Main Street. ABP general policy number six requires the deciding body to make the following findings to allow alcoholic beverage service after 10:00 pm: 1. Late night service will not adversely impact adjacent residential neighborhoods; 2. The applicant does not have a history of complaints and non-compliance v. ith local ordinances or the Alcoholic Beverage Policy; 3. The applicant has demonstrated a clear benefit to the community. Residential condominiums are located on the second floor of the adjacent commercial structure located to the west. The deciding body should consider if the proposed hours of operation would adversely impact the adjacent residential use. In regards to complaints and non-compliance, Police Department records reveal three service calls for Los Gatos Roasting, three service calls for Los Gatos Gourmet, and zero service calls at Cin-cin in the past three years related to alcohol or late night service. Although Cin-cin is not part of the subject application, the service call history for Cin-cin, where the applicant is a co-owner, provides a means to assess the applicant's history of complaints and non-compliance. In regards to benefit to the community, the applicant's letter includes a description of the benefits of the proposal (Exhibit 8). Planning Commission Staff Report - Page 6 91. 101, & 109 W. Main Street/U-11-006 July 13, 2011 The project is not subject to ABP general policy numbers four and five. As conditioned, the project meets general policy numbers seven and eight. The ABP's specific policy requires that alcohol beverages only be served with meals for restaurants. For restaurants with separate bars, the specific policy requires that alcohol beverages only be served with meals in the dining area. The applicant is not proposing to operate a separate bar and should the Planning Commission recommend approval of the application, staff included the condition that meal service is required with alcoholic beverage service. However, the applicant is proposing to make food service available during all hours of operation. The deciding body should consider whether making food service available, as opposed to requiring meals with alcoholic beverage service, meets the intent of the ABP's specific policy. B. Restaurant Use in the Downtown Area In 1996, the Town Council adopted an ordinance that "intended to discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 Zone through the public hearing process." When the existing CUP allowing the delicatessen was reviewed, the Town found that the deli use did not displace the retail use but was complimentary to the retail grocery use and, therefore, would not conflict with Ordinance 2021. The proposed use would maintain approximately 25% of the existing retail area (Exhibits 12 & 13). Staff believes that the proposed area allocated to retail uses is insufficient. Although the existing CUP allows a restaurant use, the proposed use would displace the primary retail use in the downtown area where retail is strongly encouraged. The deciding body should consider if the proposal conflicts with Ordinance 2021. C. Outdoor Seating The Town has five standards for outdoor seating: 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a Conditional Use Permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should complement the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be Planning Commission Staff Report - Page 7 91. 101. & 109 W. Main Street/U-11-006 July 13, 2011 designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. The project is subject to standard number five and staff has included the requirement that a restaurant employee seat patrons using the outdoor seating as a condition of approval. D. Parking and Traffic The applicant is requesting a maximum of 44 seats (Exhibits 8 and 13). The use requires one parking space per four seats for a restaurant without a separate bar. If the deciding body feels the proposed use constitutes a restaurant with a separate bar, the use would require one parking space for every three seats. The property has 39 parking credits in the Parking Assessment District. The parking credit allocations for the existing and proposed uses are shown below. ain, tree J� - _ c1 a m( usiness;i`Iame . - - ype=oL she ::. Square " �o o 1ea_s; e�quuir At AV-19,ng 65 Nimbus Salon personal service 1,225 4.1 81 Blendz Juice Bar restaurant 1,225 6 1.5 91/101 LG Roasting restaurant 2,450 58 14.5 109 Pizza Simpatico restaurant/bar 1,300 44 15.0 Total Required Parking 35 On -site Parking Provided 0 Parking Credits 39 Whether the deciding body determines the use is a restaurant without a separate bar or with a separate bar, based on the parking spaces required for the existing and proposed use with 44 seats, the proposal would meet the parking requirements. The project would result in an increase of 18 ADT and 13 PM peak hour trips. Pursuant to the Town's Traffic Policy, the traffic impacts require traffic mitigation fees which are required as a condition of approval. Additionally, 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 offered to upgrade the crosswalk on Main Street between 145 W. Main Street and 140 W. Main Street with crosswalk lights/flashing beacons (Exhibit 10). Planning Commission Staff Report - Page 8 91. 101, & 109 W. Main Street/U-11-006 July 13, 2011 The applicant's justification for the community benefit is that the upgrade would make the crosswalk more prominent and improve the safety for pedestrians. The Parks and Public Works Department (PPW), however, has the following concerns with adding crosswalk lights/flashing beacons: • The existing crosswalk is at a tight/crowded location and is very close to the Main/University and Main/Santa Cruz signals; • Adding crosswalk lights/flashing beacons may cause unexpected problems at this location; • Cars are slow at this location and drivers do yield to pedestrians; additional beacons may only distract drivers' attention. As an alternative, PPW has suggested installing a speed display sign on Santa Cruz Avenue near the off ramp of Highway 17 (in the vicinity of the intersection of Wood Road and South Santa Cruz Avenue). In lieu of this alternative, the applicant would prefer to provide a community benefit related to trees, water fountains, or dogs. At this time, the Town's Tree Fund is sufficient and the water fountain does not need improvements. Staff is currently working with the applicant regarding the community benefit and this matter will be discussed further at the Planning Commission meeting. Condition #16 of Exhibit 3 will need to be modified to reflect the community benefit offered by the applicant and accepted by the Town. E. Police Department Comments The Police Department (PD) reviewed the proposal. PD recommends that patrons using the outdoor seats are seated only by a restaurant employee and that the outdoor seating is monitored by a restaurant employee to ensure alcoholic beverages do not leave the outdoor patio. This is included as a condition of approval. F. 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. Planning Commission Staff Report - Page 9 91, 101. & 109 W. Main Street/U-11-006 July 13, 2011 In regards to finding one, the use is may not be essential or desirable to the public convenience or welfare in that it may 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. In regards to the final finding, the proposed use may not meet the objectives of the General Plan and Town Code as discussed within this report. G. General Plan The goals and policies of the 2020 General Plan listed below are applicable to this project. Staff's comments regarding the goals and policies are italicized. • 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 commercial 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 use with a restaurant where retail should be emphasized. • 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 the modification of an existing restaurant approved as a complement to a retail business to operate as the primary use and would displace a retail use. • Policy CD-10.2 — Encourage outdoor seating for restaurants/coffee shops when the historic character and quality of the Downtown and adjacent neighborhoods can be maintained. The proposed use would provide outdoor seating an existing rear deck without impacting the historic character of the Downtown. • Policy TRA-3.1 — All development proposals shall be reviewed to identify and mitigate project traffic impacts pursuant to the Town's traffic impact policy. The traffic impacts from the proposed project require traffic mitigation fees which are required as a condition of approval. The deciding body shall consider the applicant's proposed community benefit and, pursuant to the Town's traffic impact policy, approve the project only if it is determined that the benefits of the project to the Town outweigh the impact of increased traffic. • Policy TRA-3.2 — Review development proposals to ensure that the circulation system and on -site or public parking can accommodate any increase in traffic or parking demand generated by the proposed development, subject to the considerations and findings required by the Town's Traffic Impact Policy. Based on the property's Planning Commission Staff Report - Page 10 91, 101. & 109 W. Main Street/U-11-006 July 13, 2011 Parking Assessment District parking credits, the existing and proposed uses meet the parking requirements. • Goal NOI-5 — To ensure that residential land uses are not adversely affected by noise. Conditions of approval limit the hours of deliveries and recycling disposal to reduce the noise impacts to nearby residential uses. H. Environmental Review 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 there 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. I. 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. Summary The project would allow a restaurant with ancillary retail to occupy a space currently occupied by a specialty retail store with an ancillary restaurant use. The project would allow indoor and outdoor seating, wine and beer service, and expanded hours of operation. As conditioned, the project would meet the Alcoholic Beverage Policy and the Standards for Outdoor Seating. Although the project would expand an existing ancillary restaurant use, staff recommends soft denial given the proposed retail area is only approximately 25% of the existing retail space and, therefore, the project would displace a use that is primarily retail. B. Recommendation Staff recommends soft denial of the project because it conflicts with Ordinance 2021. The deciding body should determine whether the project conflicts with Ordinance 2021 and Planning Commission Staff Report - Page 11 91, 101, & 109 W. Main Street/U-11-006 July 13, 2011 whether or not the community benefit outweighs the traffic impact. If the 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 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 after 10:00 p.m. (Exhibit 2); and 5. Make the required finding as required by the Town's Traffic Impact Policy for community benefit (Exhibit 2). The Planning Commission will need to determine what this finding is based on the community benefit agreed upon; and 6. Recommend of Conditional Use Permit application U-11-006 to the Town Council with the conditions contained in Exhibits 3 and 4. Please note that Condition #16 of Exhibit 3 will need to be modified and that the conditions for the existing coffee shop (Exhibit 4) have only been modified to reflect the operational changes noted from the Los Gatos Roasting Company business owner's letter (Exhibit 11). It should be noted that the Commission must 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. Prepared by: Jennifer L. Savage, AICP Associate Planner WRR:JS:cgt Approved by: ndie R. Roon Director of Community Development cc: Lisa Rhorer, 917 Apricot Avenue, Unit A, Campbell, CA 95008 Sue Farwell, 113 Edelen Avenue, Los Gatos, CA 95030 N:1DEV\PC REPORTS \20 1 1 \Main 109.docx This Page Intentionally Left Blank 91, 101, & 109 W. Main Street <1 _ , / • 1 1 ,'' Qv �Q MIL /41 - 1 ii0 i i i i i ; j EXIHIBIT 1 This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 91, 101, &109 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Lisa Rhorer 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 not essential or desirable to the public convenience or welfare in that it may displace a retail use with a restaurant; and (2) The proposed uses may impair the integrity and character of the zone in that the use will displace a retail use and may result in an overconcentration of restaurant uses; and (3) The proposed uses would not be detrimental to public health, safety or general welfare in that the conditions of approval will mitigate any potential impacts; and (4) The proposed use may not meet the objectives of the General Plan and Town Code as discussed within the July 13, 2011, Planning Commission staff report. Required consistency with the Town's Traffic Policy for community benefit: • As required by the Town's Traffic Policy for community benefit: 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 ffiIBIT 2 Page 2 of 2 91, 101, & 109 W. Main Street/U-11-006 Jul 13, 2011 approve the project. 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. Required findings for the Town's Alcoholic Beverage Policy: ■ As required by Chapter II, Section 6, of the Town 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. N:\DEV\FINDINGS120111WMain I09.docx CONDITIONS OF APPROVAL — July 13, 2011 For 109 W. Main Street 109 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a restaurant (Pizza Simpatico) with indoor and outdoor seating, beer and wine service, and modified hours of operation in a space currently occupied by an existing delicatessen, wine bar, and specialty retail use (Los Gatos Gourmet) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Lisa Rhorer 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 plans approved and noted as received by the Town on June 1, 2011. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The 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. LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. USE: This approval is for a high turnover sit-down restaurant with wine retail. 5. OPERATION HOURS: Maximum hours of operation shall be Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. 6. NUMBER OF SEATS: The maximum number of seats is 44, inclusive of the indoor and outdoor seating. 7. ALCOHOLIC BEVERAGE SERVICE: Alcoholic beverage service is permitted only with meal service, including at the food counter and chefs circle. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 8. WINE TASTING: Wine tasting is permitted. The maximum sample size for the wine tasting shall not exceed one (1) ounce. Wine tasting sample sizes larger than one (1) ounce shall be permitted only with meal service. 9. ENTERTAINMENT: Live entertainment and amplified music is prohibited. 10. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 11. 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. 12. 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. 13. 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. E%IlIBIT 3 r 14. 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. 15. EXTERIOR MODIFICATIONS: Prior to the issuance of building permits for exterior modifications, the applicant shall apply for and obtain an Architecture & Site permit. 16. COMMUNITY BENEFIT: The applicant has offered the following community benefit to offset traffic impacts created by the proposed project: upgrade the crosswalk on Main Street between 145 W. Main Street and 140 W. Main Street with crosswalk lights/flashing beacons. The crosswalk upgrades shall be installed prior to final occupancy. 17. 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 SATISFACTION OF THE CHIEF OF POLICE: 18. OUTDOOR SEATING: A restaurant employee must seat patrons in the outdoor seating area. The outdoor seating shall be monitored by a restaurant employee to ensure alcoholic beverages do leave the outdoor patio. 19. 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. 20. 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. 21. 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. 22. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 23. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:1DEV\CONDITNS120111Main l 09.docx CONDITIONS OF APPROVAL — July 13, 2011 For 91 & 101 W. Main Street 91 & 101 W. Main Street Conditional Use Permit U-11-006 Requesting approval to operate a coffee shop, espresso bar, and retail shop (Los Gatos Roasting Company) on property zoned C-2:LHP. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Teri Hope 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 to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. USE: The approved use is a coffee shop, espresso bar, and retail shop. 3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. NUMBER OF SEATS: The maximum number of seats shall not exceed 52 indoor seats and 6 seats on the outdoor benches in front of 91 and 101 W. Main Street. No additional seats will be allowed outside of the coffee shop, espresso bar, and retail shop. 5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m. to 10:00 p.m., seven days a week. 6. ALCOHOL SERVICE: Neither alcohol service or consumption is permitted at any time. 7. SECURABLE BARRIER: The applicant must maintain a securable barrier between 101 and 109 W. Main Street. The barrier must be secured during all special events noted as allowed below (see SPECIAL EVENTS condition). 8. LIVE ENTERTAINMENT: No live entertainment shall be provided except as permitted during special events in the condition below. 9. SPECIAL EVENTS: Condition # Special Event Event Type 10a. Events for individuals under 21 A maximum of 12 events per year. Amplified music and open microphone. Adult supervision provided for each under 21 event. Amplified music shall not go past 9:30 PM, Sunday through Thursday. Amplified music shall not go past 10 PM Friday and Saturdays. Under 21 events shall not go past 11 PM. EXHIBIT 4 Condition Special Event Event Type 1 Ob. Poetry/Music Weekend Evening Events A maximum of 10 events per year. One event per month scheduled on a weekend evening. Poetry and amplified music. Music shall end at 9:30 PM. 1 Oc. Community Meetings Weekly community meetings (including the Los Gatos Art Association Board, co- op nude figure drawing group, and wine appreciation lecture group) held within non -business hours. Music and food service not permitted. Events will not go past 10 PM. 10d. Los Gatos Roasting Company Annual Events Two Los Gatos Roasting Company events per year, by invitation only. Amplified music permitted. Music shall end at 9:30 PM. 10. WINDOW CURTAINS: Opaque window curtains must be placed in all storefront windows during nude figure drawing classes. N:'DEV\CONDITNS\201 I \Main91- l 01.docx RESOLUTION 2006 - 072 RESOLUTION OF THE TOWN COUNCIL, OF THE TOWN OF LOS GATOS APPROVING THE REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO CHANGE THE HOURS OF OPERATION AND ALLOW SPECLAL EVENTS, A DELICA LbSSEN, OFF -SITE BEER AND W NE SALES, AND WLNE TASTING ON PROPERTY ZONED C-2. APN: 529-01-025 CONDITIONAL USE PERMIT: U-06-12 PROPERTY LOCATION: 91, 101 AND 109 W. NL4LN STREET PROPERTY OWNER: SUE FARWELL APPLICANT: TERI HOPE WAFREAS: 1. This matter came before Council for public hearing on June 5, 2006. 2. Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted. 3. The Los Gatos Coffee Roasting Company is located at 109 W. Main Street (Store A), 101 W. Main Street (Store B), and 91 W. Main Street (Store C). Store A was granted a Conditional Use Permit (CUP) on March 12, 1997, which allowed for a Creperie and no additional seating. This CUP is now expired and the store is used by The Los Gatos Coffee Roasting Company as retail space. Store B currently operates under a CUP approved on July 10, 1986 allowing for a restaurant with a maximum of 16 seats. Store C currently operates under a CUP approved on July 23, 1986 allowing the previously approved restaurant to expand into 91 W. Main Street and for the addition of 36 seats. In all, the Los Gatos Coffee Roasting Company is currently allowed a maximum of 52 seats. 4. The approved hours of operation for the Los Gatos Coffee Roasting Company are 1 EXHIBIT 5 as follows: 7:30A_M to 6:OOPM Monday through Wednesday; 7:30AM to 10:30PM Thursday through Saturday; and 9:30A_M to 6:OOPM Sundays. 5. Applicant seeks approval to modify its CUP to allow for the operation of a gourmet grocery store and full service delicatessen counter offering sandwiches made to order, bulk meats, cheeses, and other deli items, in its Store A location. 6. Applicant seeks approval to modify its CUP to allow for the sale of off -site beer and wine and for wine tasting. Applicant intends to require patrons to pay for one ounce wine tastes in accordance with Alcohol Beverage Control (ABC) requirements, and to offer pre -packaged -snacks. Applicant also intends to require that patrons be served a lunch or dinner meal before being served alcoholic beverages, as required by the Town's Alcohol Policy. Alcohol service would also be restricted during special events held at the Los Gatos Coffee Roasting Company. Special events include events for individuals under 21 years of age, poetry and music weekend evening events, community meetings, and the Los Gatos Coffee Roasting Company's annual events. 7. The applicant also seeks approval to modify its CUP to change the hours of operation. The desired hours of operation are 6:OOAM to 10:OOPM seven days a week. The wine bar would close at 9:30PM seven days a week. 8. Town Council finds as follows: a. Pursuant to Town Code section 29.20.190, the proposed use of the property is desirable to the public convenience; will not impair the integrity and character of the zone; would not be detrimental to public health, safety or general welfare; and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. Evidence in the record demonstrates that the proposed modification to 2 the CUP would encourage (1) economic and social activity consistent with a small-scale, small town atmosphere and image, (2) the development and retention of locally -owned stores and shops, (3) the preservation of 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 viability, (4) the development of a new image and market in the Town as the gateway to the Santa Cruz Mountains wine region, and (5) the provision of a new, attractive and well managed night time gathering place in downtown Los Gatos for local youth. b. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. c. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared for the public hearing on June 5, 2006. RESOLVED: A. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval of this permit. B. The decision constitutes a final administrative decision pursuant to California 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 California Code of Civil Procedure section 1094.6, or such shorter time as required by state or federal law. 1 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on 191h day of June 2006 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: :MAYOR OF THE TQWN.OF.LOS`QATOS LOS GATOS, CALIFORNIA ATTEST t/71)/t CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4 CONDITIONS OF APPROVAL, FOR: 91, 101 and 109 W. Main Street Conditional Use Permit U-06-12 Requesting approval to modify a conditional use permit to change the hours of operation, allow special events, deli, off and on- site beer and wine sales and wine bar on property zoned C-2. APN 529-01-025. PROPERTY OWNER: Sue Farwell APPLICANT: Teri Hope TO THE SATISFACTION OF THE PLANNLNG DIRECTOR: (Planning Section) 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as Exhibit L in the report to the Planning Commission. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development or the Planning Commission, depending on the scope of the changes. 2. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses. 3. USE: The approved use is a coffee shop -restaurant, delicatessen, wine bar, and specialty retail. Store A contains the wine bar, deli counter, off -site sales of wine, and specialty grocery/coffee retail uses. Stores B and C contain the espresso bar and coffee shop uses. The use shall be consistent with the description contained in the. letter from Teri Hope dated April 21, 2006, attached and incorporated herein as Exhibit A. 4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 52 seats and 6 seats on the outdoor benches in front of Store B and C. No additional seats will be allowed outside of restaurant. 5. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m, to 10:00 p.m. seven days a week. The wine service bar will operate from 11:00 a.m. to 9:30 p.m. during normal business hours. Wine bar service not permitted during the following special events: Under 21 Events, Poetry/Music Weekend Events, and Community Meetings. 6. ALCOHOL SERVICE: Alcohol service shall be consistent with the description contained in the letter from Teri Hope dated June 1, 2006, attached and incorporated herein as Exhibit B. The service of wine by the glass for the restaurant 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. 7. WINE TASTING: Wine tasting is permitted at the wine bar located at the front of Store A as shown on Exhibit L of the report to Planning Commission. No seats are permitted at the wine bar. The maximum sample size for the wine tasting shall not exceed one ounce. Packaged snacks may be served as part of the wine tasting. 8. SECURABLE BARRIER. The applicant must install a securable barrier between Store A' and Store B as show on Exhibit L to the satisfaction of the Community Development Director. The barrier must be secured during all special events that do not permit the service of alcohol. 9. LIVE ENTERTAINMENT: No live entertainment shall be provided during the service of alcohol. Conditions of Approval 91, 101 and 109 W. Main Street Conditional Use Permit U-06-12 Page 2 10. SPECIAL EVENTS. Condition # Special Event Event Type 10a. Events for individuals under 21 A maximum of 12 events per year. Amplified music and open microphone. Alcohol not permitted during hours of scheduled youth group events. Adult supervision provided for each under 2levent. Amplified music shall not go past 9:30 PM Sunday through Thursday. Amplified music shall not go past 10 PM Friday and Saturdays. Under 21 events shall not go past 11PM. 10b. Poetry/Music Weekend Evening Events A maximum of 10 events per year. One event per month scheduled on a weekend evening. Poetry and amplified music. Alcohol service not permitted during hours of weekend events. Music shall end at 9:30 PM. 10c. Community Meetings Weeldy community meetings (including the Los Gatos Art Association Board, co-op nude figure drawing group, and wine appreciation lecture group) held within non - business hours. Music, alcohol, and food service not permitted. Events will not go past 10 PM. l0d. Los Gatos Roasting Company Annual Events Two Los Gatos Roasting Company events per year, by invitation only. Amplified music and alcohol permitted. Music shall end at 9:30 PM. 11. WINDOW CURTAINS. Opaque window curtains must be placed in all storefront windows during nude figure drawing classes. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING: 12. TRAFFIC IMPACT MITIGATION FEE. A traffic mitigation fee shall be paid for an Conditions of Approval 91, 101 and 109 W. Main Street Conditional Use Permit U-06-12 Page 3 additional 126 ADT prior to the issuance of a Certificate of Use and Occupancy. $13,008.96 shall be paid within 30-days of Town Council approval of the CUP. TO THE SATISFAL I'ION OF THE CHIEF OF POLICE: 13. 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. 14. CONSULTATION AND TR.NG: 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. 15. 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. 16. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 17. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. N:4iTY\LO Coffee Roasting Company\LG Roasting Co. Conditions of Approval.wpd This Page Intentionally Left Blank April 21, 2006 To: Town of Los Gatos Planning Commissioners Re: Los Gatos Coffee Roasting Company 101 W. Main - CUP: U-85-8A (7/23/86 - w/seating max. 36) 91 W. Main - CUP: (1986 - w/seating believed to be max. 16) 109 W. Main - CUP: PRJ-96-134 (1996 - Creperie w/o seating) CUP Modification Application Letter of Justification Teri Hope has been -operating her business, Los Gatos Coffee Roasting Company, on West Main Street in downtown Los Gatos since 1982. The business occupies three common -wall spaces in one building in the Historic Downtown District of Los Gatos. Internal doorways and wheelchair ramps allow customer foot traffic to flow between rooms within the building. The primary justification for this request for CUP modification is based on economic viability. Due to substantial rising rents, increased property taxes passed on to the tenant via the triple -net lease, and other escalating overheads there is an immediate need to evolve the business by expanding the product line in an effort to remain viable in a highly competitive market. RECEIVED APR 2 1 2006 TOWN OF LOS GATOS PLANNING DIVISION The proposal includes expanding the existing specialty coffee product -line with new offerings that fill a niche not adequately served in the downtown area. A modified CUP is requested to allow for the operation of a specialty delicatessen and grocery store concept featuring gourmet cheeses, cured meats, hams, pates, and savory items complimented by a selection of locally produced wines. The Los Gatos Creperie formerly occupied the general area designated for these new products. The request includes the off -site sales of locally produced boutique wines by the bottle and a wine tasting area to allow for "measured -pour" wine sampling as well as "measured -pour" wines by the glass to be served along with meals inside the establishment. This request does not call for adding any seating in any of the spaces, but will rely solely on the existing seating allowance in the 101 & 91 West Main spaces. Note Regarding Seating: - In July 1986, Los Gatos Coffee Roasting was granted a CUP with a maximum allowance of 36 seats in the 101 West Main "espresso bar space" (currently the use includes 4 stools, 24 chairs and I bench which seats 3 = 31 seats currently provided). Later that same year, an additional CUP was granted for the adjoining space, 91 West Main "cafe & coffee roaster space" with an allowance believed to be a maximum of 16 seats, (currently 12 chairs and one bench which seats 3 = 15 seats currently provided). In 1996, a third CUP was approved allow a Creperie to be operated in the 109 West Main adjoining space with no allowance seating. Similarly, the current application requests no new seating. Cont. The secondary justification for some elements of this request is community benefit driven. Los Gatos Coffee Roasting has a long history of giving back to the community through in -kind contributions to good causes. In addition, we allow the use of our space after hours for Los Gatos Art Association board meetings, a co-op figure drawing group on Monday evenings, and other activities benefiting local non-profit community groups including the Under 21 Club, a program established by a local youth group. The request includes expanding the hours of operation to allow for special events — featuring live music. In particular, we wish to accommodate the Under 21 Club - functions, coffeehouse style music and poetry readings and the Coffee Company's annual holiday and anniversary parties. In the recent past;- the Under 21 Club has held -several pilot -program events, exclusively intended for teens, which proved -to be popular and — — very successful. The gatherings where coordinated by local high school students with adult supervision and guidance. The events were held after business hours, from 7:00 p.m. to 10:00 p.m. on Friday evenings, and included live music and open -microphone amateur entertainment performed by and for the teens. These events provided a unique venue for teens to gather for wholesome activities in the downtown. Currently, this program is on hold due to our CUP.restrictions. -The modified CUP application requests — expanded hours and a permit for live music to allow the Under 21 Club to hold their special events. (Requesting a maximum 12 "Under 21" events annually) Please note that the area designated for off -site sale of wine and the wine tasting counter located in the 109 W. Main space would be secured under lock & key and strictly off-limits after hours during any youth activities held in the adjoining rooms. For the past 24-years the Coffee Company has held an annual holiday open house and anniversary party which includes live music. In addition, the Coffee Roasting Company has a long history of featuring live music in the classic coffeehouse tradition. These events are currently in conflict with the existing CUP. These events are intended to be community -spirited, no cover charge, primarily and for the purpose of customer enjoyment, while also supporting local musicians. (Requesting 2 Open House events annually and 10 live music/poetry events annually - total 12 annually.) In summary, I submit that this application meets the Town's criteria in the - - following ways: a.) Use is desirable to public convenience and welfare b.) Use willnot impart he integrity or character of the zone c.) Use will not be detrimental to public health or safety d.) Use preserves the mix of land use with out over concentration. e.) Use is in harmony this various elements and objectives of the General Plan I respectfully request the granting of all of the elements included in this CUP modification requests to preserve this unique locally owned business, and allowing the business to continue providing multiple benefits the community. Sincerel en Hope, Proprietor _ _ Los Gatos Coffee Roasting Company CUP Modification Application - Revised April 21, 2006 Re: Los Gatos Coffee Roasting Company 101 W. Main - CUP: U-85-8A (7/23/86 - wlseating max. 36) 91 W. Main - CUP: (1986 - w/seating believed to be max. 16) 109 W. Main - CUP: PRJ-96-134 (1996 - Creperie w/o seating) Note: This application does not request any seating in the 109 W. Main space or any additional seating in the adjoining spaces. Applicant will rely on the existing 52 seats available in the adjoining spaces. Description of Proposed Project: 1. Standardize the CUPs for the three common -wall spaces housing Los Gatos Coffee Roasting Company: • 91 West Main, 101 West Main, and 109 West Main Street 2. Standardize maximum operating hours for three adjoining spaces • Seven days a week maximum operating hours - 6: 00 Al l to 10. 00 PM 3. Allow coffeehouse special event functions as listed below: • Annual Coffee Company's Anniversary party & Holiday Open House event Includes live acoustic music. Events from 6:30 PM to 9:30 PM Max 2 annually • Poetry & live acoustic music - Low volume amplification - maximum 10 annually. Hours of music and poetry reading 6:30 PM to 9:30 PM • Los Gatos Art Association Board Meetings: The LGAA board of directors meet in the cafd space, after business hours, from 7:00 PM to 9:00 PM and complementary coffee is provided. The board generally meets once a month except in December when they take a recess. • Co-op figure drawing group - A private non-profit co-op group of up to a maximum of 10 semi-professional and professional artists, meeting Monday nights, after business hours, from 7:30 PM to 9:30 PM Professional model hired from the Bay Area Models Guild posing nude and/or simi-nude. Windows & doors are fully draped with canvas screening for privacy & doors are locked during sessions for security. Group has been meeting for more than six years. • Under 21 Club functions with live acoustic music and open mic, meeting once a month from 7:00 PM to 10 PivJ music and open mic to finish by 9:30 PM. Event has constant adult supervision. Store will be closed to the public during the U21 club functions. Maximum 12 annually. Note: The gourmet grocery space 109, which plans to display and store bottled wines, will be strictly off limits during U21 events and will be segregated by means of a locking security gate and electronic security system. Cont. 4. Allow retail gourmet grocery & delicatessen products to be added to existing specialty coffee section space in 109 W. Main space • Emphasis will continue to be placed on retail sales of specialty coffees, bulk teas & related retail merchandise including coffee cups, grinders & brewing items. • Retail sales of Artisan cheeses, proscuitto, salamis & pates • Retail sales of California & imported olive oils, Balsamic & assorted vinegars • Retail sales of mustards, chutneys & relishes, olives, tapenades & spreads ,.----- • Retail sales of seasonal white & black truffles, herbs, spices and gourmet salts • Retail sales of cheese & charcuterie platters for on -site & take out service. 5. Allow Type 41 license for onsite service at 109 W. Main space • Allowing for off -site retail sales of regional wines by the bottle • Allow on -site wine tasting area for loz. measured pour sampling • Allow 100 sq. ft. area designated as wine display and sampling counter • Allow on -site service of wines by the glass served with meals. Wines service with meals. "Meal" as defined per Town ordinance to be a combination of food intended for a lunch meal or dinner meal ordered from a menu. Selections to include items currently offered - i.e. Grilled Pinninis, Croque Monsieur or Empanada served with condiments, hot soup and/or salad Note: Snacks or appetizers do not qualify as meals and will not be substituted as meals. • No Beer sales - although the ABC Type 41 beer and wine license is required, only wine will be displayed, sold, sampled or served NOTE: It is not the intention, on the part_ of the applicant, to establish a "bar" or a "wine bar" operation. The business model is best compared to an "Oakville Grocery" or "AG Ferrari" style operation that includes a small wine sampling counter. The wine sampling activity is expressly intended to drive retail sales of wine products for home consumption. Submitted by: Teri Hope, Owner -operator Los Gatos Coffee Roasting Company April 21, 2006 June 1, 2006 Attn: Town of Los Gatos Mayor and Council Members Town of Los Gatos Planning Commissioners Re: Conditional Use Modification APN 529-01-025 This letter is intended as additional clarification to questions posed at the Planning Commission hearing held on April_26 , relating to the service of wine under the CUP modification we have requested. 1.) There will be only one point -of -sale for the purchase of wine which will be located in space "A" at the delicatessen counter adjacent to the tasting counter and retail wine bottle display to insure that the management and/or qualified staff person can monitor ID's-and overall wine sales. 2.) A sign will be posted at the point -of -sale, clearly explaining that each customer who purchases wine for consumption on premises may only do so when it is accompanied by a meal. A qualified meal menu list will be provided at all times and will be a prerequisite with the service of wine. 3.) Customers will not be allowed to purchase wine at the espresso bar or at the coffee counter in space "B" or space "C". 4.) Customers will not be allowed to take wine for on site consumption out side of the building. 5.) Customers consuming wine with meals will use the seating provided inside space "B" and "C". 6.) If a customer is still enjoying their meal and would like to purchase an additional glass of wine, or bottle of wine, a qualified staff person will be required to make a judgement call to determine if the sale will make the customer intoxicated. If the staff person is unsure, the decision will be referred to the manager on duty. 7.) A LEAD certified employee shall be on duty during hours of operation. Staff working in the wine service department, will be required, as part of their training, to attend the ABC LEAD (Licensee Education on Alcohol & Drugs) class given by the ABC. The class teaches attendees the law and limitations of the ABC License, and how to properly ID individuals, the consequences for not following the law and how to determine if a customer is intoxicated. A question and answer test is provided to receive LEAD certification. 8.) We understand that it is the responsibility of the licensee to determine whether a customer is obviously intoxicated; i.e., signs such as staggering, slurred speech, dilated pupils; andlor poor muscular coordination would be indicators, as per section 25602 of the ABC code. 9.) We understand that it is our responsibility to be sure we are not selling to intoxicated customers. We understand it is a misdemeanor, with a minimum of a $1,000 fine, and that we may be held liable for any harm or damage caused to or by the intoxicated customer if we sell to them. 10.) We will use higher standards than set for by the ABC, but will use ABC standards as a baseline for evaluation customers intoxication. If any of our customers are deemed to be intoxicated, we will first determine if they have a designated driver, if not, we will call a taxi to insure they have_a safe ride home. Taxi and safe ride numbers will also be posted. Should the customer refuse, we will report any intoxicated customer refusing this service to the local authorities. Respectfully submitted by Teri Hope & Faun Skyles EXHIBCT 6 This Page Intentionally' Left Blank III�fM ! .e...�....:.• �. ..4(S�m i '. 1" :T r..viN" al/Fabd SeniicemRequrred �tnr/,A�o'.hah Full; food must be available; meal service required outside Hilt with meals only B&W with meals only B&W with meals only Wine tasting ;B&W wlfh,`m�als.only• B&W only with food sale Full; with meals onlyongdining area B&W with meals only B&Wwithlmeals.only . 'Full (Bar) Full (Bar) Full; with'.meals'only;in, dining,area B&W with food only !Full with meals only B8,\Ngiith :meals: only B&W with meals only Y! ,.� rfP � i i�,�PF _ � 4iinFi 9y } Fullwrth mealson Full; with meals only in dining area $JIIwith'rr eats only rn dining area B&W with meals only B&W with meals only Full; with meals only in dining area ,3t i3` m 3 m U) 3 m; L as oo :• u_ t °? tic ,W t o�'�' moo 3 azza a� .ci5 oo_ a) (73 '+• ;m: "3 13 m 33 o m ono: z 10 ..a> `o bCv: . 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(i):CO 1 !Bachman Avenue (College Avenue, !East Main Street __C LC1 East Main Street vJ C LLI I East Main Street �� C' :: W !Los Gatos Saratoga .` CO kci Z INorth Santa Cruz tN �4kk ) (II _C INorth Santa Cruz � ` ti' C6• C: lam' Z North Santa Cruz 0 (O -c z North Santa Cruz Z North Santa Cruz North Santa Cruz North Santa, North Santa Cruz CI3 Z North Santa Cruz NorthSanta Cruz North Santa Cruz EL' t .-. _ ;Z O .- c- (0 N W: CV` N CO 1.0 CO:V O O c- 1.i CD CD CO ' F A.M. xe: r� o) N N t`. �'. r In . r r' . ' CO CO cc) r c, �. CD N wo co D_m _n : 0Ti E .� a '4,a u_zO c _ df r co-, (Carry Nations Mountain Charley's U' �i b oa (Great Bear Coffee 1 Gilley's COT-ee'Shop Gardinos .0 Travese _U 6 P Tandoori Oven YNU Green Papaya Black -Watch . Forbes Mill � EXHIBIT 7 B&W with meals only Full with meal service only 1 Full with meals only B&W with meals only Full; only B&W in dining area with meals only B&W with meals only B&W with meals only Full with meals only Full (Bar) Full; with.meals only in dining area !Full; with riieals only in dining area Full with meal service only Full with meals only Wine tasting only Wine tasting; W with meals only INot allowed Full Not allowed 3 O 0 z m O - z Not allowed y a < 3 0 o z 3 0 0 z 3 0 0 Z • `.3-a-0 .' O `:o ."Z w 0 - << Q 0 — 3..: O 0 z 0 i :a) - ,, 0 -< 3 O 0 z Not allowed 3-o 0= z< m 0 Su-Thloam -.10pm F'Sa 10arn - 12am r Et;'`,' c)co ti • C Su-Th 10am - 11 pm F, Sa 10am - 12am E Q IE CO 11 am -2am [lam-11 pm Su-Th_11am-10pm F„Sa11am 11pm [3pm - 2am E co N co T. M-Sa 11 am - 2am Su 9:30am - 2am E'E T ; r.:,N E .'E �, �10 TVT 1.- cn Cr).; LL Q r r I co .— �Su;Th 11 30am 1,1pm F;'Sa 11 30am 12am E O.. f, I co t— E Q O T E co None [ShikhKahnh 217INorth`Santa Cruz North Santa Cruz North Santa Cruz. North Santa Cruz North Santa Cruz North Santa Cruz South Santa Cruz,. South Santa Cruz South'Santa ti:i South Santa Cruz (University Avenue'; University Avenue University Avenue Village Lane Village'Lane West Main Street West Main. Street: West Main Street Cr) 0 0 T Cr) 0 C') CO c0 Cr) CO V (0 CO O N 0 N 0 • N N 0 T C') 0 (0 "0 0 O COCN `...O .- 0 • to C)) O O 0C) i co i •a)2 i 03 5-10 N 0 7 LT_ 06 ,e U) O fa•7 0C() N E - O r = In a) EEc o Q- C al N a) O) = a) ' cn •� _ y - F' ..in § c I Number One Broadway N Z- c c6 (n U E - 0 -m U m •�_ Manresa Restaurant Cin'Cln, Flemin Jenkins LG Gourmet/Coffee Roastin Valeriano's ;Moat/Food Sekelce Required.w7 Alcohol: B&W with food available; a▪ ) 0 O z is 3,0 r (0 r Q O ca N �F- u-CO North Santa Cruz cfl z C1 ;W CO Enoteca La Storiae" PIZZA s REVISED June 1, 2011 Town of Los Gatos 110E. Main. Street Los Gatos, CA 95031 Re: Letter of Justification/Proposed Project Description - P177a Simpatico To Whom It May Concern: RECEIVED JUN - 1 2011 TOv'JNi OF LOS GATOS PLANNING DIVISION As required for the Conditional Use Permit application, Pizza Simpatico is pleased to submit the Project Description and Letter of Justification to the Town of Los Gatos. We propose to modify the existing use permit of the 109 W. Main St. space (currently Los Gatos Gourmet). Pizza Simpatico: The Vision - The Opportunity: Pizza Simpatico is an Italian Pizzeria modernized for today's cosmopolitan life style. The complexities of our day-to-day life have us yearning for our childhood, when things were simpler. Our love of pizza shared among friends is ever-present. What if we could experience a restaurant that appeals to the food and wine connoisseur in all of us yet satisfies our need for comfort, and value? Enter Pizza Simpatico - featuring Neapolitan -style pizza, Italian small. plates, Seasonal Salads, Cheese & Charcuterie, Gourmet Sandwiches and a variety of wines available by the flight, glass or bottle from artisanat producers. Pizza Simpatico proposes to inhabit the existing Los_Gatos Gourmet space (109_ W. Main St.). The Los Gatos Gourmet offers food service, off -site beer and wine sales and wine tasting. Pizza Simpatico proposes to: • expand the existing food & wine service • maintain off -site beer and wine sales • continue to sell cheese and charcuterie and specialty items to keep the balance of retail sales Currently, the majority of the Los Gatos Gourmet revenue comes from their wine retail and sandwich/cheese and charcuterie moles. Over 40% of LG Gourmet's customers dine in. As such, Pizza Sia-npatico proposes expansion of the number of seats at 109 W. Main St. to 44 seats or 11 parking spaces from the pool of "parking spaces" dedicated for the building. This total will include 44 seats at a food counter, indoor seating and a small outdoor patio, We believe that the combination of Pizza Simpatico's food offering, co-owner Lisa Rhorer's expertise in wine retail sales and weekly wine tastings will increase wine retail sales beyond what the LG Gourmet is currently experiencing. Pi77a Simpatico's customers will be able to purchase cheese, charcuterie and 4 EXHIBIT 8 VVI 1-01I LV 11 UJ. UU JJ'-1JUVU l.. 111 ' J. 11 1-74ut 1 1 / i y PIZZA Qt M PA TICG specialty items from the food bar for picnics, parties or summer events like Jazz on the Plazz or Music in the Park. Economic Reasons for Expansion Given today's economic climate, the Los Gatos Gourmet business model as a specialty gourmet shop with wine tasting is not economci Ally yiable for the 109 W. Main St. space. Several interested parties proposed other concepts for 109 W. Main St. to the landlord. All proposals included expansion of food service. The landlord supports Pizza,Simpatico as the best fit for 109 W. Main St given the following: • Pizza Simpatico's concept would provide vitality for the Town of Los Gatos • The wine retail component and tradition of weekly wine tastings would be continued • Pizza Simpatico would maintain the historic charm of the 109 W. Main St space • Lisa Rhorer's proven experience and expertise in the food and wine industry would contribute to the success of Pizza Simpatico and make it a food and wine destination • The potential synergy between Pizza Simpatico and Los -Gatos Roasting -,-Company < • Strong community ties that both Lisa Rhorer & Pasquale Romano have with the Los Gatos corximunity - - Building Synergy with the Surrounding Community As co-owner of Cin-Cin Wine Bar & Restaurant, Lisa Rhorer has a history of supporting the Town of Los Gatos and the surrounding community through her contributions in these areas: Executive Board Member of the Los Gatos Chamber with a focus on building awareness of Les Gatos and increasing visitors to Los Gatos • Instrumental in creating Los Gatos s first Wine Walk • Key sponsor of Jazz on the Plazz • Lion's Club sponsor as well as contributing to several Los Gatos schools and charities • Key contributor and sponsor of Silicon Valley's March of Dimes, Celebrity -Chefs &=Master: < = Vintners Gala • Key sponsor of Taste of Santa Clara - Santa Clara University • Key corporate relationships with Netflix, Barracuda Networks and Google • Awarded the Merit Award from the Santa Cruz Mountain Winery Association for supporting over 10 Santa Cruz Mountain wines on her wine list at Cin-Cin. She is also a key sponsor of Pinot Paradise and other SCMWA events. Lisa will continue all these efforts. Given the location of Pizza Simpatico we are poised to continue to support these important Los Gatos suronner programs in a much bigger way (i.e., Jazz on the Plazz, Music in the Park, etc.). 5 okl PIZZA SIMPATICO The Pizza Simpatico Philosophy Owners Lisa Rhorer and Pasquale Roman's Mediterranean roots taught them to appreciate how the food and wine experience can bring people together. We strive to bring the flavors of Italy with original imported products mixed with the quality and freshness from local (defined as within a 100 mile radius) providers. We honor Italy's tradition of using the freshest, simplest ingredients to o create a satisfying meal that warms the soul and creates new memories. The Design of Pizza Simpatico We will keep the rustic charm of the historic building while adding some simple modern design elements as well as eco-friendly materials such as reclaimed wood, energy efficient lighting, and other recycled materials. Pizza Simpatico Wine Retail & Service Tne wine program will be led by Lisa Rhorer, Co-Owner/Wine Director of Cin Cin Wine Bar Sr. Restaurant. Lisa's family taught her how food and wine brings the family together. This philosophy is at the heart of Lisa's passion for the food and wine experience and it translates into her success with Cin-Cin. T.iGa has a proven track record of success with her wine program at Cin-Cin featuring "best of breed" international and local wines (wineries within a 100 mile radius). Her wine program received accolades in the San Jose Mercury News, Metro News and Sunset Magazine. Lisa has earned the status of Certified Sommelier from the Court of Master Sommeliers and Certified Spanish Wine Educator from the Academy of Spain. Lisa is the only restaurateur in the Bay Area to possess these titles. She brings a wealth of educatiori and customer service. Lisa will utilize her past experience as Wine Buyer for Whole Foods and current role as Co-Owner/Wine Director of Cin Cin to drive retail wine sales. Her specialty is to introduce customers to those hidden gems that possess a good quality- to value ratio. Pizza Simpatico's wine list will be small but formidable .with a price point not to exceed $50/btl. Pizza. Simpatico will feature wines from Italy, Spain, France, South America and California. Given our proximity to the Santa Cruz Mtns., we will spotlight "the best of" Santa Cruz Mtns. wineries such as Testarossa, Alfaro Family, Bonny Doon, Vine Hill Winery and others. Wine Service & Tasting Promotes Retail Purchases Wines will be available by the flight, glass, carafe or bottle. When a customer orders a wine in a flight or by the glass, Pizza Simpatico will include a wine ring at the bottom of the glass with the producer's name, the regon and the retail price of the wine. This encourages retail purchases of a wine enjoyed. Unlike other South Bay wine bar/retail establishments, Pizza Simpatico will encourage customers to purchase a bottle of wine from our shelves and sit down and enjoy a meal with their newly purchased bottle of wine without charging them a corkage fee. During Pizza Simpatico's wine tasting events, we will offer a delivery service for wines purchased by the case to encourage volume sales. Also, we will offer our customers discounts on all wine retail purchases such as a 5% riicrount on 6 wines purchased and 10% on 12 bottles purchased. Wine bottles will be displayed beyond what the floor plan shows 6 1 / 1 7 eS PIZZA, y. MPA T:.^„ including built in wall shelving and tasteful wine displays throughout the restaurant. Customers will be able to purchase cheese, dhafOuterie and specialty items from the food bar for picnics, parties or summer events like Jazz on the Plazz or Music in the Park. Staff and Service _ - Co -Owner, Lisa Rhorer will create a food & wine service culture that is friendly, attentive, and knowledgeable about wine without being pretentious. Similar to what she has already created with Cin-Cin, the Pizza Simpatico staff will be developed for their hospitality, food & wine knowledge, and customer service. Food to Nourish the Soul Pizza Simpatico will serve our menu all day, 7 days a week from 11:00 am - 10:00 pm and proposes to open until 1100pm Friday and Saturday. Food will be available for dine in or take out. We will provide lunch box specials for the business community. Pizza Simpatico is requesting to be open until 11:00 pm on Friday and Saturday. SiTxiil.arly, co-owner Lisa Rhorer has owned and operated Cin Cin restaurant with hours until 11:00 pm Friday and Saturday. Cin-Cin is in good standing with the Town receiving no noise complaints for the three years it has been open. The Pizza Simpatico menu will include Neapolitan -style Pizza, Mediterranean -inspired shared plates including: antipasti, seasonally -fresh salads, daily soup speriaL artisan cheeses/charcuterie selections and gourmet sandwiches. Cin-Cin Executive Chef and Los Gatos native, Chris Schloss will oversee the cuisine at Pizza Simpatico. Customers will be able to purchase cheese, charcuterie and specialty items from the food bar. Food counters will be available for people to enjoy food as well as table service and patio seating. — ---- Dessert & Espresso Service There cv_rrently is a void of restaurants that -offer a. good dessert arid toffee selection. Pizza Simpatico will feature such rla' sics as a warm espresso -chocolate souffle, tiramisu and Italian cookie plates to nau-ie a few. Pizza Simpatico will feature Italian -sped 1ty desserts and highlight local suppliers (within a 100 mile radius) such as Dolce Spnrio Gelato and Los Gatos Roasting Company Coffee and Espresso. Wine Tastings Pizza Simpatico will continue the Los Gatos Gourmet tradition of Friday night wine tastings with Los Gatos veterinarian and assistant wine buyer, Kevin Sheehy. Kevin will continue pouring a selection of artisan/small production wines by the taste or by the glass Friday ev enings from 6-9pm. Pizza Simpatico will implement Wednesday "Meet the Winemaker" Events from 6-9pm. Local wineries (within a 100 mile radius) will introduce customers to their wines. 7 PIZZA Pi7za Simpatico Customer Experience The customer experience at Pizza Simpatico will be one of conviviality welcomed by friendly staff, similar to how Lisa has trained her staff at Cin-Cir Pizza Simpatico will treat first time guests like regulars and regulars like family. Pizza Simpatico is a comfortable place with "brill" and word of mouth. Customer feels price is reasonable for food and wine, and would make Pica Simpatico a regular destination for dine in, food to go, wine to go, or wine tasting.----. -- - .-__ _- - PIZZA SIMPATICO'S COMPLIANCE WITH TOWN CODE AND ORDINANCES General Plan Compatibility Pizza Simpatico is aware the C-2 zone of the Town of Los Gatos contains a mix of retail, restaurant, and associated uses which sustain the economic vitality and historic atmosphere of the area. Pizza Simpatico agrees this is an essential part of the community. With regard to Ordinance 2021, Pizza Simpatico will keep existing wine as well as cheese/charcuterie retail and not displacing it. 4Vewill work diligently with Town Staff and landlord to ensure the project's compatibility with this historic downtown area, immediate surroundings and neighbors. It is the goal of Pizza Simpatico to preserve, promote and protect the existing small town charm while infusing a fresh energy into this important hub of the community. We look forward to building synergy with Teri Hope as she continues to be a pillnr of the community. Development shall be of high - quality design and conscientious construction. Pizza Simpatico will enhance the character of this property while maintaining its historic beauty in accordance with the Town's ambiance. With regard to Sec. 29.20.190, Pizza Simpatico's project will not only enhance the integrity and character of the zone by keeping existing retAii, but also will attract new customers and pedestrian circulation for our Main Street neighborhood businesses. The proposed use as a restaurant and retailer will not be detrimental to public health, safety, or general welfare. We feel confident our proposed project will be an intricate part of the Los Gatos Community and provide a niche in this neighborhood which will be harmonious with the General Plan. Pizza Simpatico is aware and sensitive to the Town's Alcoholic Beverage Policy, including resolution 2001-106. We will fully comply with this policy, as co-owner, Lisa Rhorer has a history of compliance operating Cin-Cin Wine Bar & Restaurant for the past 3 years without any noise complaints - --- disturbances. Regarding the Town's Alcoholic Beverage Policy to strongly discourage new restaurants with separate bars, Pizza Simpatico is a new business, but is simply expanding the food & wine service/tasting component that already exists in order to generate more retail wine service_ There is no stand alone bar proposed for the space. Pi77a Simpatico will have alcohol service in conjunction with food service, 8 Iti PIZZA ZoNIPATICO Just as co-owner Lisa Rhorer has done with Cin-Cin Wine Bar & Restaurant, Pizza Simpatico will be a desired destination which Will prove attractive -for residents and non-resident custonlers alike. Pizza Simpatico's goal is to be the best community -advocate a 16yalcustomeibase which will be key to our sucEess. Our team is confident we can meet the operational goals of the Town but also enhance the quality of life and experiences of residents and visitors. pizza Simpatico aniicipates-theTowrt OfLoS.Gatos-will'agieiir concept isa hainioriious, ex- citing fit in the Central Business District and meets all the criteria put forth by the General Plan, Zoning Code and Town Code. Lisa Rhorer and Pasquale Romano, Owners, Pa Simpatico 9 June 23, 2011 Re: Pizza Simpatico To Whom It May Concern: RECEIVED AN 24 2011 TO}l1/N OF LOS GATOS PLANNING DIVISION Pizza Simpatico is maintaining retail wine sales; in fact, we are expanding the retail wine sales by allowing customers to buy the retail wine and then consume the wine with meals at no corkage fee. The retail wine will be prominently on display throughout the restaurant, actually expanding the floor area of the retail wine display that is on the current floor plan. Concerning the deli case, Pizza Simpatico is integrating the deli case into the"food counter" (see proposed Pizza Simpatico floor plan) and continuing take out retail sales of the deli items as well as expanding the deli items into Pizza Simpatico's new menu. The current Los Gatos Gourmet business cannot survive as a deli/wine retail store alone, due to these facts: • The business cannot survive solely based on its retail sales as the existing business is already struggling to survive on only 1/3 the current floor area. • LG Gourmet cannot support its existing restaurant sales (sandwiches, cheese/charcuterie plates, etc.) either because it will no longer be able to utilize previous available seating through the Los Gatos Coffee Roasting Co. The viability of Pizza Simpatico is a combination of both retail and restaurant items to produce a vibrant exciting progression of the current space to allow the continued operation of the European deli/restaurant concept Teri Hope began in 2006. The viability of this is by expanding the business to use 100% of the floor area and adding to the existing menu items as well as adding the necessary seating to support the business. By adding the seating to the current Los Gatos Gourmet space and expanding the food menu the result is a functioning deli/restaurant that can add to the retail mix of its neighbors, the LG Coffee Roasting Co and Blendz the juice bar, as well as all the businesses on Main Street. The addition of Pizza Simpatico will bring customers, new and old alike, back to the neighboring stores as patrons walk up and down Main Street, reminding the patrons of the great mix of stores along Main Street and Montebello Way. Thank you. Lisa Rhorer & Pat Romano Owners, Pizza Simpatico EXHIBIT 9 This Page Intentionally Left Blank Jennifer Savage To: Subject: Irhorer@gmail.com RE: LG Gourmet Current Space Original Message From: Irhorer@gmail.com [mailto:lrhorer@gmail.com) Sent: Monday, June 27, 2011 5:56 PM To: Jennifer Savage Cc: Sue Farwell; Pat Romano Subject: Re: LG Gourmet Current Space Hi Jennifer, Yes, we have considered a community benefit. Since we anticipate that Pizza Simpatico will increase pedestrian traffic, we propose enhancing the cross walk on Main St between LG Nailworks and Le Boulanger to make it more prominent. The example we are referencing is a crosswalk with reflective lights seen on Lincoln St in downtown Willow Glen. Making the crosswalk more prominent, will improve the safety of pedestrians, thus making it a community benefit. Thanks Lisa Sent from my Verizon Wireless BlackBerry EXHIBIT 10 This Page Intentionally Left Blank RE L `li�� 23 01' TOWN OF LOS GATOS PLANNING DIVISION • May 23, 2001 Town of Los Gatos, Planning Department 110 East Main Street Los Gatos, California, 95030 Attn Sandy Baily, Planning Manager m S GATOS COFFEE ROASTING COMPANY Re: Los Gatos Coffee Roasting Company consolidation This letter is to advise the Planning Department that I have consolidated my business operations into the 91 and 101 West Main Street units. Effective April 30, 2011, my lease for the 109 West Main Street unit expired and I opted to downsize for economic reasons and to provide greater operational efficiencies. Los Gatos Coffee Roasting Company will operate as a coffeehouse, retail store and coffee roasterie in the 91 and 101 West Main Street unites. It is important to note, Los Gatos Coffee Roasting Company will not serve or sell wine in its two remaining units. The Los Gatos Gourmet retail store, wine bar and delicatessen continue to occupy the 109 West Main Street location under a separate lease arrangement with the landlord. As you are already aware, the landlord and tenants have submitted their plans for their renovation and conditional use permit for the 109 West Main Street unit in order to operate as a standalone business in the near future. Should you have any questions, please give me a call at 354-3262. Sincerely, Teri Hope, busines owner Los Gatos Coffee Roasting Company 101 West Main Street Los Gatos, Ca 95030 Phone: 408 354-3263 EXHIBIT 11 This Page Intentionally Left Blank Restroom RECEIVED tic3ti"ga Storage • JUN 21 2011 OS -LCNiNING DIVISI Office L Current bar counter area is used as wine tasting f-t bar on Friday nights. it tzioAr As of May 11, 2011 — coffee bins to be relocated from Store 'A' to Store 'B' (lower floor). Office Stair lower iStorag Wine Bar IzAvr Current wine display & deli case to be integrated into design of new space — relocating retail within new design for Pizza Simpatico. Current Los Gatos Gourmet uses approx. 60% of entire floor space for retail purposes. Wine Display Display e a) cn to level 1 C3West i 1�ir Scree# EXHIBIT 12 This Page Intentionally Left Blank or' -ro SIMPATICO RECEIVED UN--;2011 TOWN OF LOS GA, T OS FLA,NNING DIVISION -iI-00(g Hai vice,gc cat Tv cam) lem.fp icaiu1461 --c f,7 r f1 zzA av>a.! 2. ItU�, •t I �r Cam) t'Art Di 11J c1 fio1'A1- 00-r) EXIIIBIT 13 This Page Intentionally Left Blank