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Attachment 03LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Matthew Hudes, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Kathryn Janoff Reza Tavana Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 3 LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: VICE CHAIR HUDES: We will now move on to Item 4, which is 114 S. Santa Cruz Avenue, Conditional Use Permit Application U-18-020, requesting approval for a restaurant with beer and wine service, Hapa’s Brewing Company, on property zoned C-2. APN 510-45-061, property owner 102 South Santa Cruz, LP, Applicant Brian Edwards, project planner Jocelyn Shoopman. Before we do that I just want to get a show of hands from the commissioners who visited the property. Any disclosures? Okay, Ms. Shoopman, would you please give us a report? JOCELYN SHOOPMAN: Thank you, Chair, and good evening, Commissioners. Before you tonight is a request for a Conditional Use Permit to allow for a restaurant with beer and wine service by the applicant, Hapa’s Brewing Company. The applicant is proposing to operate a taproom restaurant with rotating beers, wine, and food service. The proposal includes interior renovations to the existing building, as well as modifying the existing parking lot to accommodate a new outdoor seating area. Proposed hours of operation would be seven days a week from 11a.m. to 11p.m., LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and these hours of operation are reflected in your Conditions of Approval in Exhibit 3. The Staff Report provides a summary of the review by the Town Arborist, with one tree to be removed based on the proposed improvements to add an additional parking space to the property. A Desk Item report was also distributed to the Commission this evening, which includes public comments received after the distribution of your Staff Report. Staff recommends that the Planning Commission forward a recommendation of approval to the Council based on the analysis provided in the Staff Report. This concludes staff’s presentation and we are available for any questions. VICE CHAIR HUDES: Are there any questions of staff? Vice Chair Hanssen. COMMISSIONER HANSSEN: I looked at this thing, and although it sounds reasonable the hours of operation seem to be long, and so I was just wondering if you had looked at the hours of operation from other restaurants in the area and if it was comparable to that? JOCELYN SHOOPMAN: No, Staff did not do that as part of our analysis. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: Okay, we can ask the Applicant. VICE CHAIR HUDES: I had a question about the use. The documents I have in front of me say a restaurant with beer and wine service. The term “taproom” I did not see in the summary of the application, but a neighbor raised it, and it was raised in documentation. My understanding is that a taproom is a bar; it’s commonly translated as a bar or barroom. Would there be any difference in the application if it were not termed a restaurant with beer and wine, but was termed a bar? JOCELYN SHOOPMAN: The term “taproom” originally came from the Applicant’s project description, which is included as Exhibit 4, so regardless if it was a taproom or a restaurant, the use includes beer and wine service, and so we would still consider it to be that and require a Conditional Use Permit. JOEL PAULSON: I would just add that if it was a bar as the Town defines it, it would not have to have food service, so that’s the distinction for the Town. A restaurant has food service. A taproom where they don’t have food service, I’ve seen those and they call themselves taprooms, but they also have food service, so that’s why we distinguish it as a restaurant with beer and wine service. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HUDES: As a follow up to that, since the CUP follows the land any subsequent tenant could only do beer and wine if they had a restaurant, even though the application was for taproom? JOEL PAULSON: That’s correct, and the way that that could be accomplished would be they could come in and request a modification to the use permit to remove the restaurant requirement, and then it would be a bar. VICE CHAIR HUDES: Right, and that would come back to this body? JOEL PAULSON: That would come back to the Planning Commission and the Town Council. VICE CHAIR HUDES: Okay, thank you. Let’s see if the Applicant would like to make a presentation. I have several cards. Mr. Edwards. If there are two of you, just go ahead and state your names and your address when you come up here, please. BRIAN EDWARDS: Thank you, Mr. Vice Chair and the Commission, for seeing us tonight and considering us. My name is Brian Edwards. The address for our project is 114 S. Santa Cruz Avenue. As Seth mentioned, this is for a taproom and I can clarify the definition. I think there are a lot of terms that get thrown around. We currently operate a full LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 brewery in the Willow Glen neighborhood of San Jose, so we brew our own beer. This new location would also serve the same beers, so in that sense we are just an extension of our current taproom in San Jose; we are just pouring the beers that we make. Our liquor license allows for us to serve, and along with serving food we are granted the right to serve wine as well. I wanted to start by introducing myself and my business partner, Derek. We are Los Gatos natives. I grew up here. I was at Van Meter, Fisher, Los Gatos High School and graduated Class of 2001. Derek is Class of 2003. We met over at Blossom Hill playing Little League together. As I mentioned we opened up Hapa’s Brewing Company in Willow Glen in January of 2017, so it’s been almost two years now that we’ve been running our brewery there. I was welcomed with open arms from the community over there. It’s a journey and a great learning experience for us and really fine, and we’re looking forward to expanding into our hometown that we hold very near and dear to our hearts. The proposal, the taproom that we’re talking about now, a bar would be a bit of a misnomer, because we’re not going to be serving hard alcohol and we’re not going to be staying open till 2:00a.m. We are family- LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 friendly and our current place in San Jose is family- friendly. We have kids there with parents all the time; very casual environment. It’s just something that’s sort of missing from the downtown corridor: a place where you can go with your family, sit down, have a casual beer, have something to eat, and call it a day. We love being part of our community in Willow Glen, and we love Los Gatos and look forward to being part of it. In fact, we participate in a lot of community stuff in San Jose and in Los Gatos. We’ve contributed to almost every school in San Jose, whether it’s donations, auctions, or we’ve hosted fundraisers. We’ve even participated in LGAA events out here. We’ve supported the Lions Club. I did a fundraiser at the Toll House actually for Van Meter to help them to raise money for the school. I mentioned who we are, but I also want to talk about what we’re not. I said we’re not a bar in the traditional sense of what a bar is. We’re not going to be open late, no loud music, we don’t have plans to do any kind of outdoor entertainment or live music; the space just wouldn’t be big enough to accommodate that. We’re happy to abide by the Noise Ordinance. I know our hours say 11:00a.m. to 11:00p.m., but we’d be willing to close the patio down early at 10:00 if that helps assuage any issues. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I know there were some concerns, as mentioned. We got some letters, and I saw those, so I wanted to just address some of the stuff that was said. Of course noise was an issue, but as I mentioned, we’d be amenable to closing that patio portion early to keep the noise levels down. Parking is an issue, but the plans that we’ve submitted have been run through the parking calculations and have been found to be in compliance. We plan on being a no smoking establishment, even outside. All of our bartenders at our current, and it will extend to our new location, are trained in how to serve alcohol and how to identify people that have been over- served and therefore avoid that issue. Our beer garden is going to be contained. We are going to have planter boxes and (inaudible) to contain the beer garden. There would be no drinking outside of those constraints, so that would keep that contained and not have people wandering around the neighborhood while drinking. That’s all. VICE CHAIR HUDES: Okay, thank you. Are there questions of the Applicant? Commissioner Janoff. COMMISSIONER JANOFF: Thank you for your presentation. Just a question about neighborhood outreach. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Did you contact the neighborhood up Broadway and the residents in that neighborhood? BRIAN EDWARDS: We did; I meant to mention that. Yes, we did. We made little postcards, and then Derek went around and handed them all out to the neighbors. We did hear back from a few of them positively; actually they were the only ones that sent us emails, but we did notify everybody ahead of time. COMMISSIONER JANOFF: Just to follow up, we have heard recently an issue regarding the Toll House and the concerns of the Toll House noise and impact on the immediate neighborhood. So your outreach with your neighbors, are you saying that you haven’t received… We have one concern I think in our packet. BRIAN EDWARDS: We got two emails, one from a neighbor. The postcard had our email address on it, and we received two emails. One was from a neighbor, Mike Veragoss (phonetic) I think, and one from a business, The Spa, and we spoke to both of them. Mike was supportive as long as we are what we said we were going to do, and Derek spoke with The Spa and it sounds like they’re concerns mostly are with parking, and as I mentioned the parking plan, has been found to be in compliance. COMMISSIONER JANOFF: Thank you. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HUDES: Commissioner Hanssen. COMMISSIONER HANSSEN: I have two questions for you. The first one is about food, and the second one is about the hours. BRIAN EDWARDS: Sure. COMMISSIONER HANSSEN: I did some research on your Willow Glen location and if my research is correct you don’t offer food at your Willow Glen location, so this is new, and the comments that you were making about your place were all good, but the comments were along the lines of good thing there were food trucks all around that they could get a meal, and I looked at what you were going to offer with the food, so I wondered is that going to be enough? Because we’re not going to have food trucks by your location. BRIAN EDWARDS: Correct. COMMISSIONER HANSSEN: Is the very limited menu with all that beer going to be enough? BRIAN EDWARDS: Our menu, we’re open to adjusting that. We’re regulated by the ABC, the Alcohol Beverage Commission… COMMISSIONER HANSSEN: Right. BRIAN EDWARDS: …and they’re the ones who dictate what is considered sufficient to get these other privileges LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of being able to serve wine, so we’ve initiated conversations with them. It’s kind of a loose definition; the definition is “bonafide eating establishment,” which just means you’re serving a menu of food at hours at which people would eat at. It’s not a super hard and defined definition, so we are going to work with them to make sure that we are meeting those requirements, since they’re the ones that set the regulations as to what would be sufficient to serve with beer. COMMISSIONER HANSSEN: Okay, fair enough. What I was looking for was your experience. I do understand the Alcohol Beverage Policy, but since you’re not doing it at your Willow Glen location, the fact that you’re doing something is going to need to be… And then there are other places around the area. BRIAN EDWARDS: Yeah, and actually our third business partner, he lives in Santa Rosa so he wasn’t able to make it, and I was his brewer up in Petaluma, that was a brew pub, so it was actually a full restaurant. So we do have that piece that we are missing in our experience. We do have some experience in the restaurant business. COMMISSIONER HANSSEN: My other question was I’m asking about is what’s the justification for being open from 11:00 to 11:00 every day? Because in researching your LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Willow Glen location, if I read it correctly your hours are 4:00 to 9:00 on weekdays, 11:00 to 9:00 on Saturday, and 12:00 to 7:00 on Sunday, and so I wondered why it needs to be 11:00 to 11:00 in Los Gatos? BRIAN EDWARDS: I don’t think it necessarily has to be that. We just wanted to throw it all out there and not pigeonhole ourselves with our hours. I don’t foresee us being open at 11:00am on a Monday; that just wouldn’t be good business. There aren’t a lot of people drinking at that time, hopefully, and as I mentioned, we’d be amenable to closing the patio earlier to abide by the Noise Ordinance. COMMISSIONER HANSSEN: Would you be amenable if it was the will of the rest of the Commission to change the hours that are in the proposed CUP? BRIAN EDWARDS: Yeah, we would definitely be open to that. COMMISSIONER HANSSEN: Okay, thank you. VICE CHAIR HUDES: If I might follow up to that. Are there specific hours that you would be comfortable with? BRIAN EDWARDS: I think similar to what we’re doing in San Jose would work. Our Conditional Use Permit in San Jose allows us to stay open till midnight. We sort of LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arbitrarily picked 9:00p.m. as a time to close when we first opened. We were commuting from San Francisco at the time and that just made sense. I think we would probably want to be open at least till 10:00p.m. in Los Gatos. Not that we’re necessarily going to do that, but we would like to at least have that option. If we’re going to be closed on Mondays, like we are in San Jose, that’s fine as well. VICE CHAIR HUDES: Okay, thank you. Yes, Commissioner Burch. COMMISSIONER BIRCH: I want to talk a little bit about the possibility of music or entertainment. You may or may not know, in the last two years we went through a very lengthy process with the Toll House and the neighbors around there, and I want to be very sensitive to the amount of work that went into that. BRIAN EDWARDS: Sure. COMMISSIONER BIRCH: So we’ve set limitations on the noise level and the timing of the music. What kind of entertainment are you thinking your may have as far as live music? Would it be on the patio or inside? Can you give us a little more insight? BRIAN EDWARDS: As of right now we don’t necessarily have plans to do any live entertainment. I don’t speak for the team entirely, but inside probably LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wouldn’t make any sense. After it’s all said and done, with cold storage, dry storage, bathrooms, bar, there’s just not going to be that much square footage inside to accommodate any kind of live music. Outside, I can never imagine a scenario where we bring like a whole band with amplified music. If anything, I can envision us having like an acoustic guitar and maybe strumming on that and singing some tunes. We do some live music in San Jose, but we’re allowed to and it’s a much bigger space, so it works, but we do have some local artists that come who do music similar to that who will just play an acoustic guitar and sing. COMMISSIONER BIRCH: All right, thank you. VICE CHAIR HUDES: Just to follow up on that, would you be amenable to live music that was acoustic only? BRIAN EDWARDS: Yeah. VICE CHAIR HUDES: Okay, thank you. Yes, Commissioner Tavana. COMMISSIONER TAVANA: Just a quick question following onto the entertainment question. Do you plan to have any TVs or games on during the weekends, or during the week for that matter? BRIAN EDWARDS: We do. In our current San Jose location we have three TVs. We’re not a sports bar, so we LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don’t have any special packages or anything during football season. We don’t even open for the early games. We encourage people to enjoy each other’s company and not sit in front of a TV and watch it, but we probably will have something just for some background noise, and not even noise, because we don’t even play sound, but just something to look at. VICE CHAIR HUDES: Okay, thank you. We will have another opportunity for questions, since I would really like to take public comment now, so you’ll get another five minutes, okay? So now I would invite Mr. Ken Nelson, if you’re here, and you have three minutes. KEN NELSON: Thank you. My name is Ken Nelson; I own and operate Rural Supply Hardware at 110 South Santa Cruz Avenue. I haven’t met these gentlemen. They seem like nice guys, I wish them well, but we already share the parking lot with the business next door, The Spa, and Number 1 Broadway upstairs. That goes on well into most evenings and the parking lot is full; it’s absolutely full. Many, many times the parking lot will be maxed out, and so I don’t really understand how we could possibly lose LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parking for a business, and the impact of just additional business would be really a big deal for that corner. We’re not open in the evenings, we close at 6:00p.m. But we do have to deal with the mess and the cleanup and the wear and tear on the parking lot. It’s an old, tired building and lot, and it does have its impact. Thank you. VICE CHAIR HUDES: Any questions? Okay, thank you. Mr. Tim Nelson. TIM NELSON: Tim Nelson, Ken’s brother, also from Rural Supply, 110 South Santa Cruz Avenue. I’ve talked to a lot of the businesses in the area and the neighbors, the residents. A lot of concerns. Our biggest concern is parking; there simply is not enough. The parking issue that they talked about goes back to a 1980s parking district that really never came to fruition; those spots aren’t there, they don’t exist. They’re all “phantom” parking places is what they were termed. The fact is there’s not enough parking. I’ve worked at that location since 1974, in the very building that they’re looking at for 37 years, and now we vacated that building when they felt it was worth a lot more money. So now, after having been there working for 44 LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years, I know probably know better than anybody in this room that there simply is not enough parking. The spa is a busy place. Number 1 Broadway is a busy place. The lot is full all day, probably 80-percent of the days it’s completely full, but now they want to take away parking and create need for more parking. I just don’t see how it could possibly work. Our lot is neighboring theirs; there is an invisible property line and no one is going to respect that. We’re going to have no parking left for our customers, and that’s our concern. That’s our business, that’s our bread and butter and our livelihood. As well as The Spa and Number 1 Broadway may not be represented here tonight, but that should be a concern for them as well. VICE CHAIR HUDES: Thank you. Maybe as a follow up to that, if the business has a right to parking and has a right to be there, have you considered any ways to delineate, fence, or otherwise further establish your parking versus the parking for that business? KEN NELSON: Yes, I’ve spoken with my landlord. There is absolutely no agreement in place that allows them to parking in our parking spots. We can put a fence, and she completely supports that. The bad thing for them is it makes them almost a landlocked piece of property back LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there. You can tell they did a very good job drawing it, and you can see that it’s a very strange shaped piece of property. If we did put up our fence they would lose an additional two parking places in order to access theirs and only have access off of Broadway, no longer any access off of Santa Cruz Avenue. VICE CHAIR HUDES: Thank you. Other commissioners? Commissioner Tavana. COMMISSIONER TAVANA: Just a quick question. What are your general hours of operations? KEN NELSON: We’re open 8:00 to 6:00, seven days a week. COMMISSIONER TAVANA: 8:00 to 6:00, everyday, seven days a week? Okay. VICE CHAIR HUDES: Okay, thank you. KEN NELSON: Thank you. VICE CHAIR HUDES: We have Matt Sridhar. MATT SRIDHAR: Hi, I’m Matt Sridhar and I’m the owner of the subject property. The subject property is essentially 114, but it also includes the real estate that is occupied by The Spa and by Number 1 Broadway. I want to start very quickly by addressing, or at least talking about, the parking issue. The real estate, the way it is set up it’s very clear which parking spots LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 belong to the Rural Supply Building, which is not a part of the real estate that we own. The rest of the parking spots belong to the three tenants in the property that I own. Those three tenants, again, are at Number 1 Broadway, this particular subject property, and The Spa, and I believe that the parking issues have been dealt with as far as this application. Also, I’d like to point out that in the parking area there are very clear signs that are posted that demark the difference between the Rural Supply and the 114 South Santa Cruz parking, The Spa parking. Parking is limited all over Los Gatos, but I do believe that this application has complied with the parking. That being said, a quick background. I live one house away from Los Gatos, and much of my extended family lives in Los Gatos. I’m one of the larger landowners in Town. I fully vetted out this particular tenant, and I’m in 100-percent support of this application. I’d also like the Planning Commission to know that I’ve spent quite a bit of money on this property, because I acquired this in 2014 and I just spent quite a bit of money to bring utilities from Broadway to site. I’ve spent several hundred thousand dollars upgrading the roof and the subsystems of the property, and I have been sitting LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vacant now since 2014. This is not an easy property to lease; it does not lend itself to retail, and all of the interest that we have received has been from service- oriented businesses that tend to be a little intensive on parking anyway, but these are the types of businesses that come to us. That being said, I’m in full support of this. I’ve actually been to the bar. As far as Number 1 Broadway, we own that bar and we don’t have any concerns about parking issues. I’ve also been to the brewery that they own, and it’s a family-oriented place with the dogs and kids. I think this is something that we need, and I think this kind of activity in Los Gatos is what we need. VICE CHAIR HUDES: Thank you. Are there any questions? I had one, and that is that if Rural Supply were to put in a fence, as they indicated—I don't know if they have a right to or not, I’m just saying that based on their representation, if they did—would this still be feasible if in fact it had a loss of two parking spaces in order to access? MATT SRIDHAR: I would have to look at exactly how that plays out, but when I purchased this property I did an extensive legal analysis on it. I believe we have a prescriptive easement to come across that land, and I don’t LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think it’s as straightforward as putting a fence on it. Also, if a fence were constructed it would need Town approval, and I don’t think this is as straightforward as somebody coming up and putting a fence; I don’t foresee that as an issue at all. VICE CHAIR HUDES: Okay, thank you. Okay, next speaker is Larry Lenhart. LARRY LENHART: Hi, my name is Larry Lenhart; I live on 30 Broadway, which is directly across the street and which backs into Number 1 Broadway, but directly across the street from the house that’s next to this property. First, I want to highlight that we didn’t receive any information about this. We heard about it last night from an email from one of the neighbors that did get a message. Many of us were out of town over the holidays; and another two houses that are abutting this place are being reconstructed right now, so they certainly weren’t reached out to. We weren’t. I mean, sounds like nice guys, but we had no idea about this until we saw it online just yesterday. One of the gentlemen did get it. His house abuts right into the property. You can see his email, Andy’s email, which is in your document, which he’s obviously totally against this. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 First, I want to highlight that this is the most unusual thing I’ve seen for a restaurant or a bar in the Town. We have bars that are on the street or close to Santa Cruz. This is a bar that’s going to be 300 feet off of Santa Cruz, directly into the residential community, abutting houses, family properties, and a retirement community. Number two, to have outdoor entertainment next to peoples’ houses till 11:00 o’clock, amplified music which is asked for in the CUP, 50 people outdoors. Fifty people outdoors, drinking, playing cornhole, is louder than amplified music. This is going to be a very, very loud process and is really going to mess up a lot of families, in particular our family and the other families that are on Broadway. We have five restaurants within 300 yards of this restaurant, of this bar. All five are all inside. The ones that are outside face Santa Cruz and have a building behind it, so that includes Willow Street, the burger place, Number 1 Broadway, Cucina Bambini restaurant, and I’m missing one. So this is highly unusual from that perspective. The CUP goes on; it will last forever. These guys might be really nice people. What they’re asking, to create LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a family kind of bar, really affects our families. I know they don’t want to do that, but they’re going to affect families in Los Gatos, and they’re from Los Gatos, so I hate to see that happening for all of our families that are on Broadway, and our kids that are out in the yard listening to this stuff day in and day out at night. I think the amplified music asked for just a mistake, because we’ve gone through this within the Town many, many times. Again, I appreciate what they’re trying to do. It’s the wrong location, and it’s really against families. It’s marked as against other zoning, but no, this is directly against peoples’ houses, peoples’ fences, and our life. Thank you. VICE CHAIR HUDES: Questions? Yes, Commissioner Burch. COMMISSIONER BIRCH: If we were to look within the Conditions of Approval somewhat like we did the Toll House—because I do remember that you were there, we reduced the hours on the weekends outside, we definitely limited any outdoor noise during the weekdays, we discussed the kids doing homework and that you guys were in your back yards—if we made sure that no amplified music could be played, would those type of things bringing it more in line LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the way we dealt with the Toll House be something that you’d be amenable to? LARRY LENHART: I can’t speak on behalf of all the neighbors on Broadway… COMMISSIONER BIRCH: No, I’m asking just you. LARRY LENHART: …and I’m happy to facilitate that conversation, but I wouldn’t, because I’ve seen a bar outdoors where people are outdoors. Cornhole is the best game for pre-game football, and you can imagine how much noise is made. That’s louder than amplified music, so I don’t think that’s actually feasible in that context. COMMISSIONER BIRCH: Okay, thank you. VICE CHAIR HUDES: One question. The Applicant had suggested that they might have hours similar to their San Jose location. Again, if they were permitted to operate, are there specific hours that would be less of a problem for your family? LARRY LENHART: For our family I can’t comment on it. I think weekends that are associated with activities that are currently underway within Los Gatos, in that context, would make sense, whether it’s something related to the Jazz in the Plazz, or whether it’s something related to the Sunday Market, but 11:00 to 11:00 I think is way overdone. And I do believe the ask was so big it makes me LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 realize that there were no conversations with the neighbors asking for that, asking for amplified music, asking for 11:00 to 11:00, asking for 50 seats outside, that’s really over the edge. It would be great if we’d had a conversation and actually worked as neighbors, as these guys really have highlighted they were trying to be. Thank you. VICE CHAIR HUDES: Thank you. Okay, that is the last card, I believe. Is there anyone else who wanted to speak on this? Yes. MARIA RISTOW: Maria Ristow, 85 Broadway. I’m not directly impacted by this project; I just had a couple of thoughts when I was looking at it. One is I did quickly look up the hours for Willow Street, Blue Line, and Loma, and Willow Street closes at 9:00p.m. on Sunday through Tuesday. It closes at 9:30 on Wednesday and Thursday, and it closes at 10:00p.m. on Friday and Saturday. Loma Brewing Company closes at 10:00p.m. Monday through Thursday and 9:00 o’clock on Sundays. One of the things I would like to look at is let’s be a little data-driven. Because the CUP runs with the land I don’t think you say okay you get till 11:00p.m. if you approve this, and they decide they’re going to close early some days or not, because that can change at any LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. So just on the face of it, if you’re going to look at the hours let’s look at what’s around there at the other family-friendly restaurants, and let’s look at those hours. Second of all, I went back there. It is such a bizarre location. Now, it’s not our job to pick a place that this business will succeed or not succeed at, but it’s almost like a speakeasy. You cannot see it from the sidewalks, it’s in the back of a parking lot, it used to be the storage warehouse for Rural Supply, which made sense, and when it switched over to retail it seemed bizarre to me, and obviously it stayed empty, but to put a drinking establishment in the back of the parking lot, hopefully everybody will walk there, because all I hear about on transportation and parking, and as a downtown resident, is how there isn’t enough parking for The Spa and there isn’t enough parking at this end of town. I know that people with those businesses down there are always asking for novel parking solutions. Can they get permits to park on Broadway? Can we create other lots? I know that you cannot approve the number of seats based on parking, and that’s probably a good thing, people will figure it out, but it is an issue and I don't know how it’s going to resolve itself. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I do feel for the residents that are immediately adjacent to this; Andy Law wrote one letter. There’s also a rental complex that is immediately on the corner, and it’s up against them. I’m not sure who was notified in that case, but it was the owner of the building, but the owner of the building doesn’t live there. I don't know if any of the residents who live there had a chance to find out what’s happening or if they feel like their opinion matters, but this is buried right against them. If there is outside activity there is not a wall around it like there is at the Toll House. When my neighbors at that end of the street had issues with the Toll House and all these steps had to be taken to monitor the noise, they realized that that was in a courtyard that had a wall around it, and this is open. These are just my thoughts. VICE CHAIR HUDES: Thank you very much. Questions? Yes, Commissioner Badame. COMMISSIONER BADAME: In doing the research with the hours of the surrounding family-type restaurants, and granted Toll House has a wall around it, did you have an opportunity to look at the hours at the Toll House with their restaurant/bar? LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARIA RISTOW: I did not. I was just pulling them up as I was sitting here, so I didn’t get that far. I looked up the Toll House, however I could not remember the name of the restaurant. COMMISSIONER BADAME: Verge, I think it is. MARIA RISTOW: So I image Staff can pull that up. COMMISSIONER BADAME: Okay, thanks so much. VICE CHAIR HUDES: Thank you. I don’t see anyone else on this, so we will at this point give the Applicant five minutes to comment on really anything you’d like. BRIAN EDWARDS: Well, thank you for expressing your concerns. It is important to us to be a member of the community and to make sure that everyone is happy and okay with what we’re doing. We’re certainly not trying to disrupt the neighborhood. As I mentioned, we’re both family men, we have young children, and so we can empathize with that. As I mentioned, we are amenable to working with our hours, if it’s being closer to the other restaurants, if it’s making sure that we’re in compliance with the Noise Ordinance, whatever it is, we have no problem changing those hours. Eleven to eleven was just what we put out there so that we didn’t pigeonhole ourselves into something LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at a later date, but if that’s what it’s going to take, we’re happy to do that; that’s what we have in San Jose. As far as the parking and putting a fence up, I believe eliminating two parking spaces would put us out of compliance with the parking calculations, and then closing off the parking lot from South Santa Cruz I don’t think is an option, because the exit going onto Broadway is one way per fire code. As it relates to those parking spaces, it was mentioned that the spaces in the parking lot are very clearly marked with signage. There are signed spaces for Rural Supply Hardware as well as for the tenants of Matt’s property. As far as noise, I’m not exactly sure what amplified music means, if that’s like a band playing using amps. Maybe you can tell me what the actual definition of amplified music is. VICE CHAIR HUDES: We can ask Staff when you’re done. BRIAN EDWARDS: Yeah, that would be great. Like I said, we’re don’t have any plans to do live music other than a guy with a guitar singing; I don’t think that he would need an amp for that. We do have a patio at our current location and we have speakers that we do play LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 music. I know with the Toll House there were some monitors to monitor the noise levels. We’d be keeping it as a reasonable level. I think that’s it as far as I was able to jot down. VICE CHAIR HUDES: Okay, thank you. Commissioner Hanssen. COMMISSIONER HANSSEN: Because you’re so close to your neighborhood I thought in reading some reviews—I looked at Yelp and Nextdoor and stuff like that—that there might be people close to your Willow Glen location, so could you comment on how close you are to residences in your current location, and if you are, how you’ve been able to work things out with the neighbors? Because presumably they already have the same issues as our residents. BRIAN EDWARDS: Sure, and real quick, as it relates to the gentleman who wasn’t notified, we did pass out these little postcards, I mentioned that, and if you were out of town maybe it just got lost somewhere along the way. VICE CHAIR HUDES: You can just address your comments to us, please. BRIAN EDWARDS: Oh, sorry. VICE CHAIR HUDES: No problem. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRIAN EDWARDS: We did pass out those notecards, and if someone didn’t get one, something must have happened to it. Our current neighbors, we are literally across the street from several large apartment complexes. Then our cross street is Auzerais, and there is a condo complex as well as a park down Auzerais. We haven’t had any complaints from the neighbors; in fact a lot of them are some of our regular customers. Granted, these are large kind of not high-rise buildings, but maybe five-story apartment complexes, and some of them are brand new. When we opened they were just empty lots, and now they’re apartment complexes, so obviously we were there before they could object. But I even lived at one of these apartment complexes, it’s called Elements, it’s directly across the street; I would walk to work every day. But we haven’t had any complaints from any of our neighbors; in fact I believe one of the newer complexes wrote a letter of support. COMMISSIONER HANSSEN: If I could ask one more question. On the parking issue, since you’re a drinking establishment, and Willow Glen has parking challenges as well, what do you do at your current location to help manage parking and not having people drink and drive? LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRIAN EDWARDS: I mentioned our bartenders are trained to identify that as far as drinking and driving and not over-serving people. We don’t do anything in particular to encourage people to use public transportation or rideshares or whatever it is. Obviously it would be nice if anyone did that if they’re going to a place to drink, but we also aren’t a place that people go to get drunk; we’re not a bar in that sense. We only serve the beer that we make, and these are craft beers, these probably aren’t beers that anyone could drink. You know, you’re not going to slam ten IPAs, and that’s not our vibe, that’s not what we’re about. We’re a place to come, sit down, have a casual beer, chat with friends, and in Los Gatos have a bite to eat, bring the kids. It’s not that raucous, rowdy bar scene that we’re going for. COMMISSIONER HANSSEN: Thank you. VICE CHAIR HUDES: Other commissioners? Yes, Commissioner Burch. COMMISSIONER BIRCH: As I was listening to different people speak I came up with a few items to see, and depending on where this went. You said that you’re good with the hours changed to either match Willow Glen or other local family businesses. Live music would be acoustic only, and you’re all right if the hours of that are limited to LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 match other like… Sorry, just forgot the name of the restaurant, but at the Toll House. COMMISSIONER BADAME: Verge. COMMISSIONER BIRCH: Thank you. Verge. One of the things I made a note of is you mentioned outdoor speakers. I would say no outdoor speakers if you abut right to a family’s home. I know if I lived there I wouldn’t want to have your choice of music in my back yard. I was wondering also if you could answer the question of how many people do you think would be on that patio? I heard a number that didn’t seem right when I looked, but I want to double check. BRIAN EDWARDS: It’s hard to say how many people. We have a patio at our current location that’s roughly the same size, I believe, roughly a thousand square feet, and we only have five tables out there, each table can fit six people, so 30. And we have cornhole boards, so if four people are playing corn hole, two on each team, 34-ish. This is our architect. He gave me the actual numbers. Per code, 49 would be the max allowable. COMMISSIONER BIRCH: I’m going to ask Staff a question when it’s time, but if we limited the number of people on the patio, would you be agreeable with that? LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRIAN EDWARDS: I guess it would depend on how many people. COMMISSIONER BIRCH: All right, thanks. VICE CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: Thank you. How large is your Willow Glen shop compared to the indoor square footage of the proposed location? For specifically your customers, not the ancillary. BRIAN EDWARDS: Right, the production? Pretty similar. It’s probably a little bit bigger inside. I think it’s maybe almost 900 square feet inside. We were limited by our Conditional Use Permit at that property as well, so I’d say 900 square feet inside conservatively, and then about 1,000 outside. COMMISSIONER JANOFF: And so roughly how many persons are you expecting to be served comparably? BRIAN EDWARDS: How many people in Los Gatos are we expecting? COMMISSIONER JANOFF: Yeah. BRIAN EDWARDS: Again, it’s hard to know. As a business owner hopefully we are successful there, but per the Building Code the numbers I have are 39 inside and 49 outside. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: I don’t want to put words in your mouth, but it sounds like you’re really counting on that outdoor space to maximize the viability of your business. BRIAN EDWARDS: Yes, I don’t know if we move forward without the outside space. COMMISSIONER JANOFF: Okay, thank you. VICE CHAIR HUDES: If I may, I have two questions, one about the parking. If Rural Supply were able to build that fence, which we don’t know, but if they were, would that limit the viability of this business? BRIAN EDWARDS: I think so. VICE CHAIR HUDES: So losing two spaces and the access… BRIAN EDWARDS: Yeah. VICE CHAIR HUDES: …would sort of be the end of it? BRIAN EDWARDS: It would make it harder to justify for sure, yeah. VICE CHAIR HUDES: Right. The other question I had really relates to some differences in this business than what I understand the Willow Glen business is in that this is close to a single-family residential neighborhood of relatively small homes and homes that are on small lots, LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 many single-story homes, and some beautiful homes I have to say as well, so the character is a bit different. So my question is do you have a specific plan to control the noise and the use of alcohol on the patio? Have you developed a plan for your wait staff or others to deal with the consumption of alcohol on the patio? BRIAN EDWARDS: Not specific to the patio, but in general our staff is trained to deal with customers and identify those who need to take a break, and that obviously would continue in Los Gatos if we are approved. As it relates to controlling noise, we don’t have a specific plan in place other than to abide by at least my understanding of the Noise Ordinance. VICE CHAIR HUDES: Okay, thank you. I don’t see any other questions, so thank you. We will now close the public portion of the public hearing and invite any comments, questions for Staff, or a motion from the commissioners. Commissioner Badame. COMMISSIONER BADAME: I’ll just add my comments. When I look at Exhibit 2 and we need to make findings, so when I look at findings for a Conditional Use Permit based upon what’s given us, and there are four items. I can’t make the finding to deny the CUP, but what it does say is that we can place conditions that would LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 address any potential impacts, including the proposed hours of operation and delivery times. So as the Commission goes forward with its discussion I would like to hear added conditions in addition to what Commissioner Burch had already come up with to tighten this up and make it work, not only for the Applicant but for the neighbors as well. VICE CHAIR HUDES: Commissioner Hanssen. COMMISSIONER HANSSEN: I didn’t say this earlier, but as I was doing research for the benefit of our fellow commissioners, these guys have excellent reviews by all of their customers. I mean there are five-star reviews from their customers, it being a great place to go, being very family-friendly, they allow dogs on their patio and all that stuff, so I was almost surprised, just because of the scope of it, that it would be that family-oriented, but they do have five-star reviews, especially given the difficulties of leasing this place as heard by the landlord. I think this is something that could be viable, but it would have to have the right terms and conditions. Before I even came here I did that research on the hours of other like places, and I had looked at Willow Street for one. Another place that I thought of that I recently went to with my friends was Rootstalk, which is a wine bar with limited food service, and they’re right up on LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Santa Cruz. They’re not in that exact area of Santa Cruz, but their hours are more like 3:00 to 9:00 Monday Tuesday and Wednesday, till 11:00 on Thursday, till midnight on Friday, but they’re not open in the morning, they’re open in the afternoon and it’s very limited in the weekdays. And these guys, their Willow Glen location is 4:00 to 9:00 weekly, and like 12:00 to 7:00 on Sunday. So I’d feel okay with coming up with the right conditions. I definitely would think about the hours. As far as the noise goes, there is the Noise Ordinance that we can rely on, and I would be interested in hearing what other my other fellow commissioners think as far as other conditions. VICE CHAIR HUDES: Let me make a comment. I think there is a fairly wide gap between what we’re looking at in the CUP and what will work for the neighborhood, and while I really understand and appreciate the way the Applicants manage their current business, what we’re doing is granting a Conditional Use Permit that runs with the land, so if the Applicant were no longer in business those terms and conditions would be available to someone else who applied, and they may not have that. The concern is that this is very sensitive to a neighborhood that has been—and again I’m a little surprised LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that there wasn’t more neighborhood engagement—very active over issues with several businesses, as Ms. Ristow and others pointed out, so I would actually think that there’s a fair amount of input now in term of hours that has been collected, and I would be a little uncomfortable in just trying to do it on the fly. I would be more comfortable with a continuance, perhaps with providing that data to Staff and have Staff work on really trying to find the restrictions that exist already adjacent to there and replicate that rather than this kind of thing, although I do think the input on the numbers of people on the patio is unique, and so I would be more comfortable with us providing that guidance to Staff rather than trying to craft the CUP at this point. Just my opinion. Commissioner Janoff. COMMISSIONER JANOFF: Would you be amenable in that continuance with requiring the Applicant convene a neighborhood meeting, specifically with the Broadway neighbors, not the commercial businesses, in order to gain neighbors’ specific input as to hours and operation? VICE CHAIR HUDES: I would. I could make a motion at this point. JOEL PAULSON: Staff has some input before you go down that path. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HUDES: Oh, please, yes. JOEL PAULSON: We do actually have some information on some of the other restaurants in the area. I think the big distinction is the hours of operations that were listed of when they’re actually open versus what their CUP allows are completely different. All of those CUPs allow later hours. For instance, Willow Street is allowed 11:00a.m. to 10:00p.m. Sunday through Thursday, from 11:00a.m. to 11:00p.m. Friday and Saturday. Loma is allowed 11:30a.m. to 11:00p.m. Sunday through Thursday and 11:30a.m. to 1:00a.m. on Friday and Saturday. Rootstalk is allowed 10:00a.m. to 11:30p.m. Sunday through Thursday, and 10:00a.m. to 1:00a.m. Friday and Saturday. So their CUP allows them far greater hours than they actually operate, and ultimately that’s a business decision that the applicants make, and they’ll have that opportunity. I think what you see with not just this application but a lot of applications is they want to make sure they build in the flexibility, because it’s another $8,000 to come back and modify if they want to add 30 minutes or an hour. The Planning Commission here is making a recommendation, so a continuance I’m not sure is LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 necessarily in order. We do noticing within 300’ of all property owners and tenants. We hear the story that we haven’t heard about this till the week before, the day before, for a number of applications, but I think we need to understand that we have an opportunity here, because this has other step, this has to go to the Council, so the Planning Commission can make recommendations on any conditions they think are appropriate, or offer comments if you don’t think it’s appropriate, and that direction, again, moves forward to the Council, and we will be re- noticing the neighbors. Obviously the Applicants would have an additional opportunity to do additional outreach to the neighbors to try to get additional input. We did receive input from a number of neighbors who were contacted. Holidays are always tough, we can’t always plan the timing, so that makes it difficult, but I would just offer those comments before we get into the minutia. I think a lot of the other comments around Toll House and outdoor entertainment; the Town Council just passed an Outdoor Entertainment Policy that allows by right outdoor entertainment for anybody in Town up until 10:00p.m. So if we start restricting it even further, we have a number of businesses that are next to single-family LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 residential neighborhoods. Again, the Commission can make that part of a recommendation to the Town Council, and then when it gets to the Council they’ll have to decide if this is more unique than other businesses in there. So I just offer that for input before you guys come to a conclusion. VICE CHAIR HUDES: Maybe I could follow up on that. JOEL PAULSON: Yeah. VICE CHAIR HUDES: And I appreciate that there’s a difference between the CUP hours and the business hours, etc., but we had a lot of controversy specifically over Toll House. So where did we end up? Did we control those hours in the CUP, and what are the hours that we arrived at? JOEL PAULSON: Toll House outdoor food is 7:00a.m. to 10:00p.m. in their CUP. VICE CHAIR HUDES: And entertainment, patio? JOEL PAULSON: That I don’t have for outdoor entertainment in the patio area. VICE CHAIR HUDES: And was there a restriction on amplified music there? JOEL PAULSON: I don’t have that one in front of me; we’d have to pull that up. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HUDES: The reason I raise that is because to me that is more analogous than some of the other businesses that you mentioned. First of all, some of those are farther away from residential. Secondly, this neighborhood has already interacted on this topic quite a bit, and while this stands alone it also is cumulative in some sense. JOEL PAULSON: Absolutely, and I think Economic Vitality Manager Renn may have some additional input on Toll House. Otherwise, we can look up that information as well. MONICA RENN: The Toll House is allowed to have unamplified entertainment outside, music or whatever they want, up until 10:00p.m. as long as they’re following the Noise Ordinance. The question that was brought to you and to the Council regarding the Toll House was actually regarding amplified, so all of the restrictions that were put into place for the Toll House were specifically around amplified sound, and there were restrictions on the days and time. VICE CHAIR HUDES: If I may follow up. Is there a definition of “amplified,” and I think there was a question by the Applicant on that. LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MONICA WREN: If it’s plugged into an amplification system, so a microphone, speaker, but acoustic is not considered amplified. VICE CHAIR HUDES: Thank you. Other questions of Staff? Yes, Commissioner Burch. COMMISSIONER BIRCH: I would be willing to make a motion, but before I do, just in case I get a lot of backlash, my thought is not to continue, that we make a motion and we make recommendations to put into the Conditions of Approval, and we allow this to move on to the next step. My thoughts being not only some of the things we’ve already talked about, but including that we would hope they would do some neighborhood residential outreach prior to the meeting. I’m sure many of the neighbors will attend that meeting anyway, so it would behoove you to do that. Do you guys want me to make a motion? COMMISSIONER JANOFF: I do want you to make a motion, but just a point of clarification. When we say residential outreach, what we’ve seen in the past that has been effective is when there’s a physical meeting and not just a postcard that goes out that could get lost between the pages of your 100 pages of junk mail, so a specifically active notice. We’re meeting, we’ll be here, and we want you to attend. It might even be at one of the residents’ LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 homes. But have a physical meeting so you can come to the same page, and then assuming we move this on your application in the next step will be more specific and will have the endorsement of your neighbors. COMMISSIONER BIRCH: All right, I’ll make a motion. I am going to recommend we forward Conditional Use Permit Application U-18-020, located at 114 South Santa Cruz Avenue, to the Town Council with the recommendation of approval. I can find that the project is categorically exempt and pursuant to the adopted guidelines for the implementation of California… And I can find the requirements by Section 29.20.190 of the Town for granting a CUP. I would like to also add in some recommendations for the Conditions of Approval, please. I’m not going to touch on the hours thing yet just simply based on what Mr. Paulson said. It was a note that I had made to myself earlier anyway, so I feel that often gets addressed just based on people knowing what they can and can’t do. So I’m going to make the note that music is acoustic only. No TVs located on the patio. No speakers located on the patio. And then I believe the recommendation that you please reach out to your residential neighbors before the next meeting. Did I miss anything? LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR HUDES: Commissioner Hanssen. COMMISSIONER HANSSEN: You had talked earlier about the possibility of limiting the number of people beyond the fire code. I don't know if you want to put that in there or not, but that was one that you had mentioned earlier. COMMISSIONER BIRCH: I don’t think I want to make that. I think what I would instead ask is that Staff note to Council that that was a discussion point, the number of and the noise created by people on the patio, and see if the Council would want to make a recommendation of the number of people on the patio. VICE CHAIR HUDES: Commissioner Badame. COMMISSIONER BADAME: I’ll second the motion. VICE CHAIR HUDES: Okay. Comments? Commissioner Hanssen. COMMISSIONER HANSSEN: I just had a question. As far as our comments about the actual hours of operation versus what’s in the CUP, and the fire code versus the actual number of people in the place, although they’re not part of our recommendation, a complete record of the discussion will be forwarded to Town Council? LOS GATOS PLANNING COMMISSION 1/9/2019 Item #4, 114 S. Santa Cruz Avenue 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Staff sends the verbatim minutes to the Town Council, so they’ll have that opportunity, and many times they also watch the video as well. COMMISSIONER HANSSEN: Okay. VICE CHAIR HUDES: Commissioner Janoff. COMMISSIONER JANOFF: Just one last comment is that the location of this facility, tucked back more into the neighborhood than front facing on the street, makes this a particularly delicate issue with regard to the neighborhood, we’ve already talked about that, so in consideration of the next hearing body I think that’s a very unique feature that should be considered at length. VICE CHAIR HUDES: Okay, thank you. Maybe I would add just one more comment. I will be supporting the motion, but I did think it would be helpful to have a little more clarity on the parking issue and whether in fact this fence would disrupt things, so I would suggest that maybe when you come back to the next body that you have a little more clarity on how you’re going to restrict your folks from parking there, and if there were a restriction such as a fence would you still be moving forward with this? So I would expect a little more clarity on that subject. So I’m going to call the question. In favor? None opposed. Passed unanimously. Thank you. This Page Intentionally Left Blank