2011-051 - CUP Approval 416 N. Santa Cruz Avenue Enoteca La StoriaRESOLUTION 2011 -051
RESOLUTION GRANTING APPROVAL OF A REQUEST TO INCREASE SEATING,
ESTABLISH OUTDOOR SEATING, AND MODIFY HOURS OF OPERATION FOR AN
EXISTING WINE ESTABLISHMENT (ENOTECA LA STORIA) ON PROPERTY
ZONED C -1.
APN: 529 -07 -099
CONDITIONAL USE PERMIT APPLICATION: U -11 -003
PROPERTY LOCATION: 416 N. SANTA CRUZ AVENUE
PROPERTY OWNER: LOS GATOS SHOPPING CENTER LLC.
APPLICANT: MICHAEL GUERRA & JOSEPH CANNISTRACI.
WHEREAS:
A. This matter came before the Town Council for public hearing on July 25, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) modification to
increase seating, establish outdoor seating, and modify hours of operation for an existing wine
establishment (Enoteca La Storia) on property zoned C -1. The applicant is requesting 28 seats and
hours of operation of Monday through Wednesday, 10:00 a.m. to 11 :00 p.m; Thursday through
Saturday, 10:00 a.m. to 12:00 a.m.; Sunday, 12:00 p.m, to 10:00 p.m.
C. On June 22, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to increase seating, establish outdoor seating, and modify hours of
operation for an existing wine establishment (Enoteca La Storia) on property zoned C -1. The
Planning Commission recommended approval of the request with one modified condition of
approval.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for 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.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Town Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings and
the packet of material contained in the Council Agenda Report dated July 5, 2011, along with any and
all subsequent reports and materials prepared concerning this application.
G. Council finds as follows:
1. . Pursuant to Town Code section 29.20.190, the request for a CUP is
desirable to the public convenience; will not impair the integrity and character of the zone; would
not be detrimental to public health, safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code. This finding is
based on the evidence presented in the Council Agenda Report dated July 5, 2011, and incorporates
the findings made by the Planning Commission on June 22, 2011, regarding this application.
2. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
3. 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 June 22, 2011.
RESOLVED:
The CUP application U -11 -003 to increase seating, establish outdoor seating, and
modify hours of operation for an existing wine establishment (Enoteca La Storia) on property zoned
C -1 is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification of this permit.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought 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 special meeting of the Town Council of the Town of Los
Gatos, California on the 25 day of July 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzysnki
SIGNED: ?I'-
e "
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RECOMMENDED CONDITIONS OF APPROVAL — July 25, 2011
416 N. Santa Cruz Avenue
Conditional Use Permit U -11 -003
Requesting approval to increase seating, establish outdoor seating, and modify hours of
operation for an existing wine establishment (Enoteca La Storia) on property zoned C -1,
APN 529 -07 -099.
PROPERTY OWNER: Los Gatos Shopping Center LLC
APPLICANT: Michael Guerra and Joseph Cannistraci
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 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. APPROVED USE. The subject approval is for a retail wine establishment with food, beer,
and wine service as generally described in the applicant's letter of justification (Exhibit
A.1).
4. HOURS OF OPERATION. Maximum hours of operation shall be Monday through
Wednesday, 10:00 a.m. to 11:00 p.m.; Thursday through Saturday, 10 :00 a.m. to 12:00
a.m.; and Sunday, 12:00 p.m. to 10:00 p.m.
5. HOURS OF ALCOHOLIC BEVERAGE SERVICE. The service of alcoholic beverages
shall not be permitted after 10 :00 p.m., Monday through Wednesday; after 11:00 p.m.,
Thursday through Saturday; and after 9:00 p.m, on Sunday.
6. NUMBER OF SEATS. The maximum number of seats is 16 indoors and 12 outdoors.
Note: The maximum number of seats is not in addition to the maximum number of
individuals on -site limited during specials events (see EVENTS condition).
7. OUTDOOR SEATING. Patrons using outdoor seating must be seated by a restaurant
employee. Prior to the use of outdoor seating, a sign shall be posted that no alcoholic
beverages are allowed beyond the patio area.
8. EVENTS. Tasting events and /or classes exceeding eight (8) attendees shall be limited to
four (4) per month, During tasting events and /or classes, the maximum number of
attendees shall be limited to 25. The maximum number of individuals on site at any given
time shall be 30, inclusive of employees, instructors, or presenters (based on ten (10)
allotted parking spaces), Note: The maximum number of individuals is not in addition to
the maximum seating of 28.
9. ENTERTAINMENT. Live entertainment and amplified music is prohibited.
10. SIGN PERMIT. A Sign Permit from the Community Development Department is
required for any new sign or any change of face of an existing sign.
11. ALCOHOLIC BEVERAGE POLICY. The applicant shall be subject to comply with any
new requirements in the Town's Alcoholic Beverage Policy within six (6) months from the
date of the change in policy.
12. 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:
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 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.
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.
LETTER OF JUSTIFICATION
For
THE BOOT ENOTECA AND WLNE MERCHANT
..z a•• y
N•'I;u � . 1 •��• �
JUL ? -J
i,:09 GA
DESCRIPTION OF BUSINESS
The Boot Enoteca is a centuries old business model that combines elements of wine and food
appreciation in a traditional and civil atmosphere, We will provide a selection of fine wines,
available both by the glass (on- premise) and for .retail purchase (off premise) in combination
with a selection of wine- related small plates to be enjoyed on- `site. In keeping with our 'goal of
creating a culture of passionate, informed and. responsible wine and food enjoyment, we will
prov a separate room, off the main retail space, to be used for private, intimate events, such as
hosted tastings, corporate meetings, private tastings, and wine education classes, We intend to
conduct hosted wine tastings and wine education classes on a regular basis in order to increase
our customer's knowledge and appreciation of fine wines and specialty foods. We also intend to
capitalize on popular and powerful media, specifically our website, to expand our presence
beyond local boundaries and increase our customer base by offering on -line wine courses,'video-
based wine commentaries and interviews, blogs and other content.
Vision and Values: Both wine novices and enthusiasts enjoy convivial experiences involving
wine.and the surrounding wine culture. People in general are becoming more interested in
experiencing better, authentic, more eclectic wines and foods. 'Due to the increased popularity of
wine and food related :television programming and associated books, the interested consumer
also has an eye toward broadening his/her experience, expanding his/her knowledge, becoming
educated about wine & food pairing, and fostering healthy and responsible consumption in a
casual, friendly setting. The Boot will provide both products and services that will directly tap
into these expanding areas of demand and create a unique, innovative and authentic business
based on these principles in order to help .support our retail operation.
HOURS OF OPERATION:
Monday — Wednesday: 10 :00 AM to 9:00 Phil
Thursday 10:00 AM to 10;00 PM
Friday and Saturday: 10:00 AM to 11 :00 PM
Sunday: 12:00 PM to 8 :00 PM
Please note: Food and• Beverage service will terminate ONE HOUR prior to close.
MT�YISER OFENiPI;OYEES.: .. _. ... ..••..._. _ _... .. _.. ,
We plan to employ 4 full -time employees (including ourselves) and 2 to'S part-time employees,
as the demands of the business necessitate.
PRODUCTS AND SERVICES:
OFF PREMISE PRODUCTS: We intend to provide a broad range of wines by the bottle,
ranging from inexpensive, easy.;to -ddak wines to limited production, premium quality
Exhibit A.1
collectibles. We will feature a large percentage of Italian wines as well as a focus on local
wineries from Santa Clara and Santa Cruz counties, yet we will have wines from all the major
wine growing regions of the world. Beer and other non - alcoholic beverages, such as bottled
water, soda, juices, and the like will also be'available. 'In a.ddltibn, we'will sell a Vaxiety'of wine -
related accessories, such as corkscrews, decanters, stemware, wine gift bags, coasters, games,
cleaning products, and similar items. We also.plan to sell a selection of premium quality,
artisanal specialty food items..such as chocolates, coolies, crackers, cheeses, cured meats, as well
as other packaged items.
ON PREMISE PRODUCT, TS:; We snterrd�tgvide�a inad'e_st selection of wine, "by
glass" as well as beer and other non - alcoholic beverages, such as bottled water, soda, and juices.
We also plan to provide focused selection of "small plate" food items such as cheeses, cured
meats, condiments and other charcuterie as well as other prepared foods like cookies, cake,
chocolates. The food offerings shall be simple, easy to execute., and will not require any
commercial equipment to prepare,.
SERVICES: In addition to'oux standard food and beverage service, we intend to provide,
on a regular basis, hosted tastings with wine makers and/or winery representatives that will
discuss their wines, the winery, the winemaking process, etc. 'We also - plan to conduct hosted
tastings for both corporate and private customers in a small, intimate setting in a separate room,
off the retail floor. We will also conduct a wide range of wine classes that will appeal to wine
novices as well as knowledgeable wine enthusiasts. Our establishment will create an entire
culture and convivial atn�osphexe based'on the appreciation of wine an accompanying food
pairings which we believe will benefit our retail operation..
Maximum number of seats: 16
Maximum number of Tasting Events /Classes per'month: 2
Maximum number of attendees per Event/Class (Private): 6
Maxim number of attendees per Event/Class (Public): '25
NOTE: Tastings and classes are typically held. after 6:04 PM if on a weekday OR on
Saturday afternoons.
BENEFITS TO THE CO1IN11UNITY . _..... , .
o Currently, there is no existing business that offers a wide range of eclectic wines (and
specialty foods) in town,. so residents have to drive to neighboring areas to purchase .
wines and to interact with passionate, friendly, aiid knowledgeable staff. We will fulfill
this unmet need for Los Gatos residents, thereby increasing. their satisfaction with the
amenitimfound in town and alleviate any frustrations they may °have about having to
drive elsewhere id*6fdix16 procure theproductis'and.setv ............. _....._ _...................
e Our btid ness will provide the type. of products and services that will also attract upscale
patrons, both private and corporate, into the towri from outlying areas, bringing more
collateral business and sales revenue into town which will benefit other local businesses
and the town.
We plan to do a high volume of sales for the modest physical footprint of our business .... ... _
which will provide always- needed sales tax revenue to the town.
By providing a unique and popular destination in the Los Gatos Shopping Center, we will
draw people into an area beyond the downtown core, thereby expanding activity and
business into. a less - frequented, less "popular ":section of town.
• Promotion of Local Wineries, We intend to dedicate a portion of our inventory to wines -
from local wineries .(i�om Sancta. Clara and Santa Cruz counties) as well as host tasting `
events featuring local wine makers and/or winery representatives in order to help increase
their exposure and expand their customer base.
FACTS THAT JUSTIFY A.PPLYCA.TION: ;' _ .._.:., _.._ ...__:.._.:_....,........._;. . .,..;_......,........:.......,, . _
• Our business will.comply with the Noise Element in the General Plan.
• Our business will comply with the town's Alcohol Beverage Policy in that we will not
serve any wine/beer past 10 P.Iwt (see note under Hours of Operation).
• We operate a:similar business in. Santana Row which is a very irnp2.cted, "densely ="
populated residential/retall center were 'we have residents that live directly above our
establishment. In nearly 6 years of operation,
o• We have not had a7SINGLE complaint filed by - any'residents regarding•noise;
disruptive customer behavior or ANY other reason.
• We have never had a SINGLE dent of drunken or'disorderly conduct by any
of our patrons.
• We have never had a SINGLE incident in which we or any SR resident has
contacted SR security or local law enforcer ieit because • of problematic behavior
of our patrons.
® Our business would help achieve the objective of providing a "diverse shopping
experience" as outlined in the General Plan because we would provide a unique,
interactive and mutli -level wine- related experience that is not currently available in the
town limits.
• Our business would help achieve the bbjective of ".preserving the'simll towri'character"
of the town as outlined in the General Plan because we would be a small, privately owned
and operated business. One of the principals has long- standing roots in the local
community.
• Our business would help achieve the objective .of supporting "an active business.
community that..provides .a wide variety of goods and services and abroad range of
employment opportunities, munmizing the need to travel to other communities" in order
to obtain sought -after products and services as outlined in the General flan.
The proposed uses of the .property are desirable to the public conveniences; the'proposed
uses will not impair the:integrity, and character of the zoning district, the proposed uses
would not be detrimental to public health, safety, or general welfare; , the proposed uses of
the property are in harmony with the various elements or objectives of the General Plan
(as outlined above) and °the purposes'6f the TOwri Ordinance;
BIOGRAPHIES of bUS7�'�l'ESS :PRL�IIPALSc
Joseph Cannistraci _........ _ ._.,..
Joe's. initial work background was in the trades as a Journeyman Plasterer, Before joining the
trade union, he was an Apprentice Machinist at the Defrancisi Machine Corporation, a renowned
manufacturer of commercial pasta machines Rom. 1990 to 199.1.
prior to developin;g passion wine, Joe expanded his entrepreneurial pursuits and was a key
founding owner of Coastal S'ol,Foods,..an energy bar compeny, which he shepherded from
conception to product launch. He did product research and-development, worked closely with a
consultant to create a business plan, recruited outside co- investors, and was responsible for all
aspects of product development, including formulations and branding.
.. T. y. �••. p...a.tnt:-:..r........�... y.•... .. y ......• ., f ::y. ••1 5 `. .,
Joe began his cazeer in the wine industry by working at a South-. Bay wine retailer, which was. one
of the largest in the US. Joe immediately demonstrated a special knack for developing both
customer and business relationships, as well as an aptitude for absorbing and utilizing a vast
amount of wine knowledge, Within his fast year, he-was promoted to Assistant Manager and
made the Italian Wine Buyer.
$.1nce.2o02, Cannistraei.bas..6. w.or as,a, founding :partner:.at,Vlntage.,Wine Merchants;.•:•. ,L•r., y.i::::.,.`
the premiere wineretailerlwi ie bar hrtlieTSan Francisco Bay Area; As`a irtn&, he has mafid&a
all operational aspects of the business,-as well as purchasing, hiring. collateral staff, acting as,the
key person in the front end of the business, as well as building his key customer contacts
All four. of Joe's grandparents were Sicilian immigrants, and he is the youngest of four children.
His family of origin gave him a taste and appreciation for good food arld "wine,`'as'well as mariy
family recipes for traditional Italian food. He is currently married to Louise, his wife of nine
years, and resides in.San Jose, Besides wine. and fine food, Joe has a passion f6i surfing.
Worl {History and Associations: ' ... .
Vintage Witte Merchants Founding Partner
Wine Club Assistant Manager and Italian Wine Buyer'
Coastal Sol Foads '
Defrancisi Machine Corporation
.Bricklayers and. Allied Craftstrl�,jU'Ldeal 13 in-Newark, NeW Jersey -'
Michael Guerra
Prior to working in the wine business, Mike's work background was as a family and child
therapist for 5 . years in Solano County as a Mental Health Clinician in the Children's Day
Treatment Program in Vallejo, CA. prior to accepting this position, he was awarded and
completed a one -year Posh Master's - Clinical Fellowship at the Yale-- Wversity Child Study
Center in New Haven, CT: ti.Y,..
In 1999, Mike took a position with a South Bay wine retailer in order to more formally explore
his passion for wine, and it changed his world. He was only there a brief time before he accepted
a position at another wine retailer in the San Francisco Bay Area, where was able to put his
knowledge and passion of Italy. and Italian wines to use and become the Assistant Italian Wine
Buyer.
He left the wine industry briefly for a two year soj9urn as a Human Resource Specialist for an
internet security company before joining Vintage Wine Merchants, . The founders - . of Vintage
Wine Merchants, a premiere wine retailer/wine bar in the S= Francisco Bay Area, recruited
Mike during the build-b 's-fage"'6f M as
.9 9 quic yestabli�hc_�fhi�61:f
key contributor at Vintage by taking on wine buying responsibilities, developing and
implementing the food program, developing and implementing the Wine Education program and
acting as the Event Coordinator and Customer Liaison for•private parties and corporate -.. W. • "
functions. As a result of his commitment and contributions to the -growth and success of the
. business, he became one of the four partners to eventually run the business. Because of the
excellent reputation he developed during his tenure at Vintage, Mike has been featured in the San
Jose Business Journal, San Jose Magazine and interviewed on "In Wine Country" and for.2
different features on KRON-TV.
............
Mike is the third generation of Italian immigrants from Calabria, Italy, and is the youngest of two
children. He spent his junior year in college studying abroad in Rome, Italy, which, he says, was
a pivotal year and one of•the experiences that eventually led him to pursue his current career and.-
passion. He still has a passion for international travel and foreign languages.
Work Histary and Education:
Vintage Wine Merchants 2002-present
Human Resource Specialist for an internet security company, 2000-2002
K&L Wine Merchants,1999-200*0*
Mental Health Clinician — Solano County Children�s Day Treatment Program, 1994-1999
Post-Master's Clinical Fellowship — 'Sale University Child Study Center, 1992-1.993
I
Master's degree in SocW Wetffire - _UniVe:rsity'6f California at Berkeley, 1991
B.S, Psychology - Santa Clara University, 1986
High School .Diploma :.:--Bellaitiiine*C"6116ge?i6p.","1'982