Attachment 9 - Excerpt of Planning Commission verbatim meeting minutes of January 14, 2015Use Permit Application U-14-018 at 15991 Los Gatos
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Center, which is
Los Gatos Boulevard and Blossom Hill Road.
On June 20, 2011 Town Council approved a Planned
Development application for a
buildings, and also 25
two independent two-story commercial
residential units.
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in Building 42,
veterinarian hospital
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Laurel Prevetti
Joel Paulson
Robert Schultz
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ATTACHMENT 9
corner of Los Gatos Boulevard and Blossom Hill Road. The
wood and metal
Applicant is proposing to place a 3'
to delineate the space, and the proposed application meets
seating standards
all five of the Town's required outdoo
found in Exhibit 5.
that are all
visibility from windows at each elevation.
plan to ensure
is visible from the two
There is a hallway area that
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are located along Los Gatos Boulevard,
Applicant has proposed custom artwork to be installed along
this hallway area.
The property owner and West Valley Sanitation
have prepared and agreed upon a trash management plan for
times a week.
The Applicant has been in communication with the
Association, and has answered questions with regard to the
proposed operation of the restaurant.
Staff has recommended Conditions of Approval
operating hours. There will be no traffic or parking
that will be associated with the animal hospital, also
Building #2.
In June 2003 three Conditional Use
Applications were approved,
the bank and the coffee shop.
tenant spaces within this complex; one we are seeing
come to the Planning Commission, for a high turnover,
this site have been
down pizza restaurant. All uses of
evaluated for use compatibility, traffic, parking and
accessibility.
to operate a high turnover, sit
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sale of beer and wine with outdoor
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The Applicant is proposing operating hours
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seven days
8:00am to 10:oopm,
restaurant as well
the Town's Alcoholic Beverage Policy, which can be found in
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The proposal includes 65 seats with up to
those seats to be located on the outside patio at the
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VICE CHAIR BURCH:
I visited the property,
COMMISSIONER
he outdoors seating and where it
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but I'm confused
It's mentioned to be at the corner of Los Gatos
Boulevard and Blossom Hill Road, and there was mention of a
a stone wall in front of it. Is that the same
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ERIN WALTERS: That
approved outdoor seating, they can have up
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the service of alcohol
the proposed restaurant and
there has to be a secondary delineation, a secured area
where the service of the food and the alcohol would be
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looks right now,
to
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conforms to the Town Code and is consistent with the
General Plan.
I'm happy to
This concludes Staff's repor
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Thank you, Ms. Wa
have any questions? Commissioner O'Donnell.
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That's correct.
ERIN WALTERS:
COMMISSIONER O'DONNELL; And how big is that
Well, both ways. This
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square feet,
restaurant is a little over
correctly. How big would the second high turnover pizza
restaurant be?
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present proposal,
consideration any impacts of the
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about the Town Code on desirability and essential s
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of alcohol with h
ERIN WALTERS: I would defer to Mr. Paulson.
and there have been many applications, all of which
to the Town Council. For instance, the Chipotle space in
the center across Blossom Hill also has the approval for
things are controlled by ABC, and our police department
obviously when we receive complaints, and so the burden is
justification, and as your recommendation moves forward to
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evening, and depending on the ultimate recommendation the
Well, perhaps with the
exception of Double D's, The Happy Hound,
and in the Applicant's statement they provided a
out the Philz from the Super Duper Burgers, is that
correct?
from the street view you wouldn't be able to
patio it would be a metal and wood kind
you were up on the
of rectangular shape that is attached to where their
I may be of assistance,
you take a look at both sheets CUP-2 and CUP-3
CUP-3 it's in fact showing you where the seating will be
delineated in that enclosure, and it shows the seats and
the railing.
you're saying this door
to
COMMISSIONER HANSSEN:
Do we have any other
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COMMMISSIONER
alcohol and the
times a day and there are always children going back and
forth. When Staff looked at this
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COMMISSIONER
nk the Applicant could know why one is 18 and the
open service
e to be 21?
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is may misspeak, but I
think that is the law.
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Staff was just look
ROBERT SCHULTZ:
COMMISSIONER KANE:
documentation needs to be amended?
and that is something
COMMISSIONER
Any additional questions?
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This is regarding the
alcohol with meals.
the meal. How is it handled? Like for
serve it with
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enjoy the restaurant?
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I have one othe
COMMISSIONER
on, if I may?
We just provided a CUP for
and somewhere in here the Applicant was
the drug store,
they're going
anyone under 21. That's what they say,
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they have to
Burger people need to be 18 with open containers?
could ask the
If we could, we
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alcohol outside, but inside do they
collect their food at the counter and then seat themselves?
ERIN WALTERS: That's my understanding.
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COMMISSIONER HANSSEN:
was wondering about parking.
didn't seem like there was very much, and considering that
Staff Report,
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As attached
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the center. Some of the tenant spaces have not been
but they've been programmed
yet and they'
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ith what is how many spaces are out there and then how
like car parking, not bicycle
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with it, and then what if they come back and they want to
have beers? Do they have to buy more food or is
covered under the meal that they've handled,
not addressed?
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they probably have some policies or
the Applicant comes up
but if someone ordered a meal
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procedures relating to
if they want to sit
they would allow them to do that.
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their meal and have 12
however long, that is problematic. It's not intended to be
and/or order food and then sit and continue to drink for an
shed some additional light on that
Thank you.
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outside they have to be escorted by a restaurant employee
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Council, but under state law you can be 18 and be
or waitress and serve
Thank you for the
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If we have any additional questions of
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Staff, let's just go ahead and hold them to the end.
much, Ms. Walters, for all your information. I will
believe the Applicant,
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and I'm here for
15991 Los
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We're a small, local company out
and we were founded in 2010 by two chefs who shared a
as I'm sure some of you have read.
passion for great food,
local and
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like Straus
sustainable. We partner with local purveyors
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saw a couple, but I don't have the
are also bike racks as well.
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Our Town Attorney has a
a
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ROBERT SCHULTZ: Yes, I want to quickly correct
to be a bartender you have to be
myself. Under state law,
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but you can be 18 to be
but certainly you could still
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and alcohol you must
of the wine
Council that
be 21. You
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Free Food Day where we give away free food and like to
celebrate our success
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believe that the community and the guests
success, a large part, actually one hundred percent a part
of our success.
We've been really fortunate to win a lot of
awards and accolades
gotten best burger awards from everything from SF Weekly to
Biz Journal and 7x7 magazine. We've been on Eater SF's "38
Essential San Francisco Restaurants" list for the past
to have our South Bay flagship location and really look
Thank you. Do you have any
decent amount of time in the vicinity there. As
diverging all in that
do have schools
you're aware,
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and Golden Gate Meat Company
Creamery for our soft serve,
for our beef. We do a lot of things in-house. We make our
grind our own beef to keep the quality up.
own pickles;
These beliefs carry over into our interiors. we
to create inviting, warm interiors that are open to
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the community and to the families that live within that
offer a very
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We're very family friendly;
terials in our build -outs. We commission
local artist
our packaging is a hundred percent
cuts down on our waste and the noise and all of the kind of
buildup in the neighborhood and around the neighborhood
with the trash.
are very excited about the opportunity to be
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We really feel strongly
in line with that of
concept and our values are
the Town of Los Gatos.
partner with sports
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enjoy it as kind of an extra bonus and perk. After work
of wine or
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beer. Also downtown San Francisco, we do see some at lunch.
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like Mill valley,
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ordering that during the
given from behind the counter and
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when they order their food, period.
Talesfore.
big space, I was
Condition of Approval here,
you talk about porters. The Condition of Approval
3 says, "A porter shall be available at
reading in Exhibit
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us a little bit about the porters? Are they inside and
outside? Do
When school lets out that entire corner of the
out. I would be interested in how you handled other
ns
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managed a level of separation between those to ensure the
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area and demographic. We're right down the street from the
Mt. Tamalpais High School, and they have open
high school,
campus and they also let out around 3:00 o'clock. We're
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right in the downtown Mill Valley area there and get
and our patio is kind of one of the
of that traffic,
hangout spots after school.
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like to attract adults to our restaurant
fast food restaurant; they can come and
kids to a different
rel
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o all of them serve beer and wine?
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We have eight other locations:
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five in San Francisco, and one
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COMMISSIONER HANSSEN: Along the same line of
questioning, are all of your locations approximately the
We vary. We have on location
1,800 square feet in San Francisco, and then we
and so we've been working with our interior designer to
comfortable, because that is a big space.
location?
By how much?
square feet.
It is, physically.
in
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COMMISSIONER TALESFORE:
also in the letter.
your Conditions,
I thought you would be familiar with it.
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I am. I'm sorry, I'm not...
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ALBRIDGE:
Yeah, we actually have somebody on our staff that is
assigned to look over and maintain that outside area at all
somebody will be
COMMISSIONER TALESFORE:
I would imagine other things
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assigned to do that only,
like they check the
e sure the restrooms are clean. They'll do
the outside area. With this with the alcohol, the
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COMMISSIONER TALESFORE:
's all clean and people are
sure that
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COMMISSIONER R
Sarti, the owner, in his
order at a counter and stock up
simple. Patrons place their
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VICE CHAIR BURCH: Do we have any other
I have two, if I may. Back to
COMMISSIONER
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alcoholic beverage service is permitted outside a
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go outside?
a busses and a
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VICE CHAIR BURCH: Well, you put in a speaker
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so if you have anything, you have three minutes
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address us.
representative of the property owner, CHL Ventures, we
strongly support the application of Super Duper. We think
that they are a very, very good addition to the complement
to answer
and I am just actually here
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Thank you. Do you have any
questions? No. Thank you very much. All right, next I will
Yu, please state your name and address
for the record, and you have three minutes to speak.
DAVID YU:
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Blossom Hill Road and I'm representing Montecito HOA as
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This is in regard to a statement made in the CUP
regarding shared parking. On page 7 of the CUP it mentions
that there are seven shared parking spaces with businesses
communicated with Mr. Paulson and he confirmed that this
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on beverages." So if I'm taking out two b
license. We're only allowed to serve beer and wine on
the premises
Thank you. And if I was
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COMMISSIONER
order a beer while I was waiting?
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ordering takeout,
I have to find out the policy
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and wine, so they'd have to say they were eating there and
nd out how that's
eat there. But I'd have to
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address any other issues that come up.
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Mr. Tom Consunji. Please state your name and address for
the record.
represent CHL Ventures, the owner of the property. Did you
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JOEL PAULSON:
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remove the statement from this particular CUP and all
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All right, do we have any
VICE CHAIR BURCH
questions?
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COMMISSIONER O'DONNE
to
7
Paulson clarify that for
Yes, please.
approved for a total of 128 spaces, so provided
allowance of seven additional spaces designated for the
concerned, rightly so, that that adjacent residential
and that is not the
parking could be
but there are technically
case. So they get credit for it,
on the site for this use.
only 121 spaces, I believe,
approved with that
Development was approved. It was
and I
:ent homes
so they get credit for those spaces,
condition and
think there was
there would be potentially many patrons of those businesses
eg
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Because that's a little closer to our
I'm a little
residential,
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concerned of how we could manage and take that
there's a process in place, if they're going to take out
garbage cans and trying to get
parking lot. So I'm just more
Thank you. Do we have
if we could please address that for all future
questions? All right, thank you. At this time, Ms.
you do have another three minutes if you would
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like to come and address anything that you just heard.
I would like to just address
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the noise issue a little bit. We are very familiar with
tap, so we
compostable and all of our beer and wine is
recycling; it's all
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don't have any bottles,
Okay, we will continue that.
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Do we have any other questions?
Next is Natalie Ladd, and again, please state your name and
address for the record and you have three minutes to
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NATALIE LADD: My
653 Blossom Hill Road. I am also a Commissioner on the
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representing myself as a resident,
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to address the seven parking spaces, but
really excited to have Super Duper Burgers
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traffic that's
necessarily an issue we need to bring up with Super Duper
Burgers, but since the property management is here, they
also own the area across the street where Starbucks is,
we regularly have the cleaning of the parking lot happen at
about eight or nine months they were mowing the lawn as
We recently had the code compliance send
CO 1-1
1-1
responsible for the common area, because (inaudible)
Then my second question for you is it
the restaurant and on the patio?
the restaurant, yes. We
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don't have any plans to put it on the
But we do have music that plays
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but it's not live music. We usually have three
COMMISSIONER HANSSEN: So then since it is a
the residents that are nearby wouldn't
mixed -use facility,
be able to hear it...
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restaurant?
WALBRIDGE:
y other questions?
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amplified sound in
with a condition that would not permit
the exterior seating area?
compostable paper materials and a little bit of food
so that helps reduce the noise.
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we will have specific times that they take them out. We
usually take it out once after the lunch rush and once
can move that up a bit to
after the dinner rush, and we
sure that it's a minim
thank you. Do we
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between 10:00
any cleanup. We're not responsible for the
there's no
within our space,
Well, this might be a
COMMISSIONER
I would want to know who is
A
question for Staff,
I'm a little hurt I wasn't
CHAIR BURCH
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invited too. All right, we don't have any more questions
for the Applicant
close the public portion of the public hearing and now ask
if any Commissioners have questions of Staff? Mr. Kane
COMMISSIONER BANE: Vice -Chair, for the Town
Attorney, can we go over that 21 and 18 again?
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you could be 18. So you
estrictive.
certainly could be mor
I understand that.
M11
COMMISSIONER
they're always going to have to have
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someone ordered a beer,
on Staff who is 21, and if
be the one that would have to pour it and give
Bartenders are mixing drinks,
bartender is
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Yes, we do. We use p
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location, because
to know when you anticipate opening,
That's what I assumed.
RLE
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So may I ask you one other
ES EREKSON:
take her out to eat, and we need exterior seating
reservations, because she didn't believe that anyone would
or area, so I need to know
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and eat at the outside
Y
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when I need to have my money ready to take her.
AH WALERIDGE: A11 right. Well, hopefully
sooner rather than later.
COMMISSIONER KANE;
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appropriate.
as it been done be
COMMISSIONE
would it be fair?
restricted it to either evening or like lunchtime but while
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Town, but other towns
seen an hourly like that,
seen it restricted
certainly have
outdoor patio area;
outdoors if you didn't want it in the
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Do we have any takeouts
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COMMISSIONER
sign or some clarification
serve alcohol where there is a
jump back in
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because it's along the
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COMMISSIONER
the restaurants are good,
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same lines. The food is
I researched what they do on the website and it all looks
ire:
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ago we called "kids in bars." I just find trouble
going to be a congregation from school,
and clearly it's
I just don't see the
the way Starbucks is now.
for it, and the conditions from the Town Code are
and integrity and
philosophical and go to quality of life
I just don't see
harmony and essential services.
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establishment.
being in that
worry about the kids
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service approach is very similar to this restaurant,
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don't remember whether they have alcoholic beverages
not; I just don't remember.
on the Town's website so we can get you a defin
answer on both of those restaurants.
Just further to that,
there are I believe a number of places in Town that have
outside dining and outside service of alcohol. For example,
restaurant across the street from Old Town that also serves
the side. So there are, a number of restaurants in Town
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a
police department have to okay the service of alcohol,
to the extent that
condition that said a year trial to see how they do rather
than judge that they are not going to go well when we have
I can count at least five places already doing this. And
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town, but in other towns and cities. I'm not sure
certainly that could be a condition if there's
don't, but
takeout and while waiting for takeout there will be no
certainly is a recommendation you
service of alcohol. That
make also.
thank you.
COMMISSIONER
since he's the senior
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a
question for probably Mr.
by length of service.
member of Staff here
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Station and Vasona Station, which I believe, if I
will be pretty much identical to the Garrett Station, my
the service of alcoholic beverages to be made by an
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more recently —and I just don't remember this
Pl
see what he remembers better than me —we issued a CUP to
moving in the
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Staff could suggest to us that they required at Garrett
Station or Mooyah Burgers, which I think are the two most
comparable, and Main Street Burgers, I don't see what we
not clear to me
by someone for alcoholic beverages.
to declare where they were going
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to sit when they ordered.
I'm going to declare that I'm
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sit down, so I'm going to have to hold my
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et cetera. It's not
beer, can't sit down and eat,
gain by imposing that on the
completely clear to me what we
seems like to me there are practical
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complications, and
someone monitoring the use,
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underage, you can do that
as well as outside. In a space that large, someone
you walk across the
the kids, for example, in Old
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We haven't had a problem with that,
them the benefit of the doubt,
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to make sure it was without trouble.
COMMISSIONER TALESFORE: And just to add to the
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and I don't think we've had an issue, but I would tend to
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mean this is a new restaurant coming to
I could see that we would maybe put
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so I would go along with that.
a time to show,
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time limit as well,
street is a police operations
so it will be under scrutiny.
police in there either.
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equate to eight seats total split between probably those
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that we know are not
in the original project,
ng that they
approval, approval was based on understa
only going to be able to put a certain number of
parking spaces in the commercial portion, so the
residential side was actually over -parked, and so they gave
are located in
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the residential space.
Some of that basis, as I understand it, was
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apartments and condominiums, there are quite a number of.
people whose residential spaces may not need to drive and
park there.
were to take away two seats essentially from both
restaurants, then you'd be okay?
could get lost in a corner of the inside as well
so I'm not a hundred percent s
corner of
what we gain by doing that.
It seems
have a conscientious operator who will operate not
we won't have problems, and if we don't,
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we'll have problems.
I'm sure very good work on figuring out how we're going to
odate all the parking from not only this
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ones that will be coming, but I don't know how critical
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had 121, forgetting the argument about credit, would we
everything that's been approved and the upcoming pizza
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parking spaces and for the...
Well, that's a total of
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JOEL PAULSON: Sorry, I wanted
The Mooyah actually
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cities are wrestling with the same issue on enforcement,
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stations and how long and where, so that's going to be
coming forward to Council so that those definitions can be
clarified.
Commissioner Talesfore.
up to the Town's Required Outdoor Restaurant Seating
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Standards that's on page 4 and 5 of the report,
Commissioner Erekson brought this up and he's questioning
it, so, "When alcoholic beverage
outside a restaurant, employee shall seat patrons," that's
the standard?
JOEL PAULSON: Correct.
COMMISSIONER TALESFORE: And then the italic
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feel better about this.
I had a minor question on the parking. When I was
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clean air vehicle, but I wondered what would
designated as
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JOEL PAULSON: I don't know the strict definition
I imagine if you can get one of
of clean air vehicle, but
those stickers, then you're probably a clean air vehicle.
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what constitutes clean air vehicle.
stop someone not in a clean air
vehicle from using those? I don't know that we can, but I
would look to our Town Counsel to s
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6, 2011 and that's further
the Town Council on June
developed in Exhibit 2.
The required findings are also set
20.20.190.
conditions
Conditional Use Permit U-14-01B subject to the
that the parking be
of Exhibit 3 and the further conditions
the seats be reduced by four seats,
reduced by four. Well,
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restaurants we have named up here
COMMISSIONER TALESFORE: All right,
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JOEL PAULSON:
COMMISSIONER O'DONNELL:
and since they're up first,
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would change
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assume that could be at their discretion, but by four
seats. That the conditions, and they may already,
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does not speak to the owners,
us; it does speak to this applicant.
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COMMISSIONER O'DONNELL:My understanding is we
need a total of eight, and maybe I misunderstood the
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seats for one parking spot.
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It is actually three seats for
JOEL PAUJLSON:
of five parking spaces
every parking space. It's the delta
plus three is
15, so that's where the division is
should the
to,
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which when the next application comes
on go one way or another, then eight
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Commission for that application.
then I have a questi
44
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through the Chair, for the maker of the motion.
this space has
square feet. The pending application of
approximately 4,000
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Commissioner Talesfore.
only because we have to remember that this isn't just a
sit down restaurant, but there's takeout
fast turnover,
that will be happening here at the same time that will
isn't figured
a need for perhaps parking,
in, so i would rather be conservative.
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so given what the PD says
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without amending the PD have a legal right to impose
different parking limitations than they have already
granted through the PD?
to research a little bit. I'm trying to think of
examples of that. Maybe your PD gave
height, but then through the Architecture and Site review
you didn't give the exception that they were granted. That
same situation here
can be done, so I'm looking
where through the PD an exception has been given to the
actual project
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parking requirement, but now looking at
move it along if the Planning Commission is
But I would adopt your suggestion that we use a
proportion,
If we took the actual square footage of
more than 2,000.
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the 15 spaces,
that's what my motion would intend.
can grant exceptions:
the PD process many times you
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in at least as part of the record for them to be able to
Yes, I would very much like to
because I would
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this forward.
like to support
blame down the road
as a PD. I feel like we're pushing the
was made prior and
on what was a decision that
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this point I'm going to open the public
as you are returning, I believe you
the podium, and
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have three minutes to speak. Oh,
questions. Okay, great.
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so doing that math,
parking spaces allocated to that site,
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(inaudible).
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WALBRIDGE: I mean we want... It has to work
for everybody; we know that. We also don't want parking to
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the flip side. I mean maybe if we could
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BRIDGE: Yeah.
BURCH: There are no other
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issioner O'Donnell.
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the time to do
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because in the original zoning approvals were premised on
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space and the
burden, especially looking at the overall
lot of time trying to design it so that
design. We spent a
it feels good with 65 seats, because even given the square
operator would put
footage that's less than what a typical
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a 4,000 square foot space.
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that we want to present
O'Donnell.
wrestling with, and our wrestling may not make any
to
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our Counsel the question in a minute, but is there any
reduction that notwithstanding the hardship of any
nine as I recall,
pencil, blah,
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COMMISSIONER KANE: Commissioner O'Donnell has
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to four. Does the
motion to reduce the reduction in parking
seconder concur?
I'm okay with that
VICE CHAIR BURCH:
All in favor?
COMMISSIONER
(Inaudible).
Okay, go for i
He knows his
we need the other 40 restaurants to get in line for th
lcohol. Th
beer and wine or their full
hank you, Mr.
IR BURCH: Yes?
the Staff response
to that for the benefit of the Commission and our listening
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To our knowledge Philz and the
pizza place have no intention of selling alcohol,
have not applied for that privilege. If at the time that
committee to deal with both alcohol service and
entertainment. The recommendations of the ad hoc committee
that it was time to codify the policy and not just have it
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We need a policy, we need a line, and we need
some understanding as to which way the Town is going to go.
Planning Commission's job,
That's not the
clarification would help. The
of anybody
about the history lesson is we're working off of an Alcohol
Tom. It's the
Policy from 2001, I think,
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VICE CHAIR BURCH:
Madam Chair?
COMMISSIONER
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To that point then, rather
COMMISSIONER
I've been
up with the
than come
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conditions to
11
recommendation to the Council.
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