Attachment 2LOS GATOS PLANNING COMMISSION 4/26/2017
Item #3, 681 Blossom Hill Road
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Tom O'Donnell, Chair
D. Michael Kane, Vice Chair
Mary Badame
Kendra Burch
Melanie Hanssen
Matthew Hudes
Kathryn Janoff
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(510) 337-1558
ATTACHMENT 2
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P R O C E E D I N G S:
CHAIR O'DONNELL: The next matter we have is Item
3 and is a Conditional Use Permit Application for a project
located at 681 Blossom Hill Road. Consider a request for
approval of a modification of an existing Conditional Use
Permit for Firenza Pizza to allow onsite beer and wine
service on property zoned CH:PD. I’ll ask for a Staff
Report.
LEVI HILL: Thank you. Good evening Chair and
Commissioners.
The project before you tonight is the proposal
from the Applicant, Firenza Pizza, requesting approval of a
modification to their existing Conditional Use Permit at
681 Blossom Hill Road.
Specifically the Applicant is requesting to
modify the existing Conditions of Approval to allow onsite
beer and wine service in compliance with the Town’s
Alcoholic Beverage Policy. The Planning Commission is
considering the project this evening, as any request for
new alcohol service requires a review and recommendation to
the Town Council. Additionally, the Planning Commission
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shall approve any modifications to an existing CUP,
including Conditions of Approval.
As described in the Staff Report, the project
proposes no additional square footage or seating, and as
such there would be no increases in required parking. No
written comments or concerns have been received from
neighbors at this time.
The proposed use is in conformance with the Town
Code and is consistent with the General Plan, therefore
Staff recommends the Planning Commission review the
findings in Exhibit 2 and considers making a recommendation
to the Town Council for approval of the project with
Conditions of Approval shown in Exhibit 3.
This completes Staff’s presentation, however, I’m
happy to answer any questions.
CHAIR O'DONNELL: Yes, there are questions.
Commissioner Burch.
COMMISSIONER BURCH: Can you remind me, please,
the Super Duper that’s on the corner there, what is its CUP
as far as alcohol?
LEVI HILL: It’s a restaurant, and the
Conditional Use Permit is for a restaurant use, and they
are permitted to serve alcohol.
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COMMISSIONER BURCH: Can I have a follow up? Are
there any limitations for the times on their service that
you know of?
LEVI HILL: I don’t have the specific condition
in front of me, but I don’t believe so.
COMMISSIONER BURCH: Thank you.
CHAIR O'DONNELL: Commissioner Hanssen.
COMMISSIONER HANSSEN: I had a related question
and then a second question.
We heard the Super Duper a couple of years ago,
and there was some controversy during that discussion about
being so close to Fisher, but they’ve been having the beer
and wine service, so my question is the experience, do we
know if the police have had any reports of anything? I’ve
been in there multiple times and I’ve never seen any
issues, but I’m just curious since that’s a great
precedent, being a couple of hundred feet away. Have there
been any issues with them abusing the Alcohol Policy that
we know of?
LEVI HILL: That would likely be brought to
Staff’s attention as it pertains to the Conditions of
Approval that are imposed on restaurants with alcohol uses.
One of those conditions is that if complaints are received
that the police can impose specific restrictions on that
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business. Likely that would be brought to our attention to
adjust those conditions as well. None have happened at this
time.
COMMISSIONER HANSSEN: And a follow up question.
My impression is most of the other pizza restaurants in Los
Gatos do serve alcohol, is that a correct statement?
LEVI HILL: I would say the majority where that
would be correct.
COMMISSIONER HANSSEN: Okay.
CHAIR O'DONNELL: I have a question, seeing no
other ones at the moment. On page four of seven of the
report, it’s just a question. Starting on page three,
bottom of the page, it says, “Furthermore, requirement
three states an entertainment in association with an eating
or drinking establishment may be allowed if standards and a
permit process are adopted. The Applicant is not proposing
entertainment, however the existing Conditions of Approval
allows live entertainment prior to 10:00pm in compliance
with the Late Night Entertainment Policy.”
I want to make sure I understand it. You’re
saying even though they’re not asking for that, should they
simply want to do it they don’t have to take any other
steps?
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LEVI HILL: Not if they’re operating in
compliance with the Late Night Entertainment Policy.
CHAIR O'DONNELL: So as long as it’s before
10:00pm?
LEVI HILL: That would be correct.
CHAIR O'DONNELL: Okay, thank you. Other
questions? If not, I have one card, which I’m going to
guess will be the Applicant. I sure hope it’s the
Applicant. Dmitry Kras. Please step forward, and again
repeat your name for the record.
DMITRY KRAS: My name is Dmitry Kras. I just want
to thank the Commission for this time. I am the general
manager of Firenza Pizza. I just want to tell you a little
bit about us.
We’ve now been in business for six months. We
opened October 17th, and we wanted to show the community of
Los Gatos what we are about, so immediately off the bat we
did an event to accept a $2 donation for a free pizza, and
we gave that money to the Los Gatos United Soccer Team. So
we raised $5,000 in our first six days of business. We’ve
been constantly involved with the Los Gatos Little League
and the softball team. We’ve donated 20 personal pizza
parties to Van Meter and all the local schools.
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As Levi has mentioned, for our Conditional Use
Permit there will be absolutely no construction done. There
is going to be no draft beer, so we’re not installing a tap
system; we’re only looking to add bottled beer and wines by
the glass.
The residents have heavily demanded the alcohol.
One of the Commissioners mentioned Fisher. It’s the people
with the kids demanding the alcohol. I’m very good with
faces. The only person I see that I believe has been to the
restaurant is Levi, and I quote the customers. They say,
“How can you guys not serve beer or wine with these TVs? If
you guys served beer and wine, we’d be here much longer.”
Now, we have better TVs than a sports bar. We have three 4K
65” televisions and it seems to be a big hit, especially
now that it’s baseball season; there are a lot of Giants
fans that come in.
I do understand the terms listed by the
guidelines of the Town of Los Gatos. I understand what it
means to serve beer or wine with food. We’re obligated to
follow the rules 100%; we believe in them as well. We’re
not looking to have a roughhouse atmosphere. Pizza is just
really good with beer. I’m going to be very
straightforward; it’s what it is. We do know that our
competition also serves alcohol, beer and wine.
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We’ve got a great relationship with our
neighbors, with Philz Coffee, with Super Duper. It’s just a
good atmosphere. I welcome all of you to come by and try
our pizza. It is east coast thin crust. Our price point is
very affordable. It’s unlimited toppings for $9.80 with
tax. I know, pretty good for Los Gatos. I would make you
one right now if I had the dough. Please, come by. I’m
always there.
But yes, we really appreciate Levi’s help in this
whole process. His professionalism in guiding us through
this has been outstanding. And yes, if you have any
questions for me, it’s really cut and dried for me.
CHAIR O'DONNELL: Pardon me, one of our
commissioners had to leave for an emergency, so my mind was
transfixed at that moment, but I’ll recognize Vice Chair
Kane.
VICE CHAIR KANE: I have a light question for you
and then some serious questions. Mr. or Ms. Ling Hullon?
DMITRY KRAS: Correct. Mrs. Ling Hullon.
VICE CHAIR KANE: Mrs. Ling Hullon wrote a letter
to us. “We’d love to provide more sports to go along with
the atmosphere we have. Fifth largest market. The fans are
very passionate. We love nothing more than giving them the
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opportunity to stay and watch an entire sporting event.” I
was moved. You close at 9:00 o'clock.
DMITRY KRAS: Correct.
VICE CHAIR KANE: How am I going to see an entire
sporting event?
DMITRY KRAS: You’re not.
VICE CHAIR KANE: Does she know that?
DMITRY KRAS: She will. I’m sure she does, but
here’s the thing.
VICE CHAIR KANE: What I’m getting at is the
temptation to stay up past 9:00 o’clock; it’s the bottom of
the ninth and two… I mean how are you going to handle that
if you shut the doors at 9:00? That’s a sticky wicket.
DMITRY KRAS: I will explain that. I have no
problem staying open if there’s a game that’s going on, but
I will not serve alcohol after 9:00 o'clock, as per our
Conditional Use Permit.
VICE CHAIR KANE: It says you close at 9:00
o'clock.
DMITRY KRAS: If it’s the World Series, I’m not
closing at 9:00 o'clock; I’ll let people hang out and watch
the game.
CHAIR O'DONNELL: All right, Commissioner Hudes.
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VICE CHAIR KANE: I’m not done. Does that mean
you don’t close at 9:00 o'clock?
DMITRY KRAS: Our hours are 11:00am to 9:00pm,
and the Conditional Use Permit we’re applying for is to
serve beer and wine only between the hours of 11:00am till
9:00pm.
VICE CHAIR KANE: And I’m asking you, all of our
sports go past 9:00 o'clock: Warriors, football, baseball,
Monday night. What exactly are you going to do about that?
DMITRY KRAS: I’m a diehard sports fan. If this
restaurant is packed with people and they want to stay and
just watch the game, I would not deny them that.
VICE CHAIR KANE: I need to talk to code
compliance. Levi, what did you tell him?
LEVI HILL: The current Conditions of Approval
actually allow them to operate until 10:00 o'clock, so if
they want to operate until 10:00 o'clock it would still be
operating in compliance with their Conditions of Approval.
VICE CHAIR KANE: And then they’ve got to shut
down at 10:00?
LEVI HILL: That’s correct.
CHAIR O'DONNELL: Well, the beer and wine sales
stop at 9:00, right?
LEVI HILL: That’s how the condition (inaudible).
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VICE CHAIR KANE: That’s what he said. He said he
would, which is good.
CHAIR O'DONNELL: Well, he’s going to comply is
what he said.
DMITRY KRAS: One hundred percent.
CHAIR O'DONNELL: And he can stay open till
10:00pm, but he can’t sell beer and wine after 9:00pm.
That’s what the conditions say.
VICE CHAIR KANE: Okay. So my follow up of more
seriousness, but this suddenly got serious. The conditions
for the permit deal with some afterthought, so they seem.
One is that there be a sign up on the wall with the taxi
phone number?
DMITRY KRAS: Correct.
VICE CHAIR KANE: Another that there be a booze
and alcohol service manual?
DMITRY KRAS: Correct.
VICE CHAIR KANE: I have visited two other
restaurants in town and there were no signs, management
wasn’t aware of the manual, et cetera. I thought this would
be a good opportunity to get your sincere commitment to all
seven of those issues.
DMITRY KRAS: One hundred percent.
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VICE CHAIR KANE: And training the staff and all
that sort of thing, because it seems it’s been lightly
handled elsewhere, and to get off on the right foot is to
do all seven of those things.
DMITRY KRAS: Correct. I am TIPS certified
myself. I have had a liquor license, full bar, beer, wine,
and hard liquor. I’ve never violated anything, nor have I
served a minor. I wholeheartedly believe in these standards
and believe everybody should oblige by them.
VICE CHAIR KANE: You said the pizza was from the
east coast. Where on the east coast?
DMITRY KRAS: Virginia.
VICE CHAIR KANE: Oh, that’s not the east coast.
All right, I pass.
DMITRY KRAS: I’m from Philadelphia. Our
corporate chef is from Brooklyn.
CHAIR O'DONNELL: Commissioner Janoff.
COMMISSIONER JANOFF: I’m not sure if this is a
question for Staff or the Applicant. It says, Exhibit 6
under the General Policy Item A, in parentheses, “Only
Staff 18 years of age or above will be allowed to serve
alcohol.” Is it legal to serve alcohol if you’re under age?
You can serve at 18?
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DMITRY KRAS: You’re allowed to deliver it to the
customer at 18.
COMMISSIONER JANOFF: And can’t drink it until
21?
DMITRY KRAS: Correct.
COMMISSIONER JANOFF: Okay, thank you.
CHAIR O'DONNELL: Other questions? Commissioner
Badame.
COMMISSIONER BADAME: Do you do delivery?
DMITRY KRAS: No.
COMMISSIONER BADAME: All right, I guess you
can’t take the party home, Vice Chair Kane.
CHAIR O'DONNELL: Any other questions? Thank you
very much.
DMITRY KRAS: Thank you very much.
CHAIR O'DONNELL: There’s nobody else here I
believe who wants to speak on this, but theoretically and
practically, if you have anything else to add right now,
you can.
DMITRY KRAS: Bottom line is I just want to give
the people what they want.
CHAIR O'DONNELL: Okay, there is one more
question.
DMITRY KRAS: Please.
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VICE CHAIR KANE: I did visit the restaurant, and
the manager on duty at the time—you weren’t there—allowed
me to walk around, look at this, look at that. The
schematic that you’ve given us on the restaurant doesn’t
show where you’re going to put the beer and wine, and the
folks on duty today didn’t know. Where are you intending to
put that?
DMITRY KRAS: Do you remember where the register
was?
VICE CHAIR KANE: Yes.
DMITRY KRAS: Right behind the register is our
walkway to walk into the kitchen.
VICE CHAIR KANE: Right.
DMITRY KRAS: The wall that’s right here, there’s
going to be a beer fridge; it’s a slider two-door. The
beauty of serving bottles is these fridges have racks that
hold 20 beers a rack. I could actually serve a variety of
beer. And the wine, we’re just going to have it on the
shelf. You just use bottles as a display, so people see
what you serve.
VICE CHAIR KANE: You said they’d all be locked
up?
DMITRY KRAS: Correct.
VICE CHAIR KANE: All right, thank you.
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DMITRY KRAS: That’s actually a liquor law that
liquor that’s stored always must be locked up.
CHAIR O'DONNELL: All right, that is what I guess
is the last question, but again, if you have anything else
to add, otherwise we’re going to close the public hearing.
DMITRY KRAS: I’m good.
CHAIR O'DONNELL: Okay, so I will close the
public input to the public hearing, and I ask the
Commissioners if they have any comments, questions, or a
motion? Commissioner Badame.
COMMISSIONER BADAME: I can’t find a reason not
to approve it, so I would be granting an approval or making
a motion. Unless there’s discussion from the other
Commissioners, I’ll be prepared to go ahead. I’m seeing
nods of heads. All right.
I move to approve Conditional Use Permit U-17-001
for 681 Blossom Hill Road, Suite 100, requesting approval
of a modification of an existing CUP for Firenza Pizza to
allow onsite beer and wine service on property zoned CH:PD.
I can make the required findings for CEQA, I can
make the required findings for a Conditional Use Permit as
required by Section 29.20.190 of the Town Code, and I can
make the four findings as outlined on Exhibit 2.
CHAIR O'DONNELL: Commissioner Burch.
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COMMISSIONER BURCH: I’ll second.
CHAIR O'DONNELL: Any discussion? Vice Chair
Kane.
VICE CHAIR KANE: My only concern is that the CUP
goes with the land, and so the beer and wine would be
approved in the future. We had a pizza parlor there
previously; it went out of business. Now we have another
pizza parlor, and I’m concerned if it goes out of business
now the beer and wine stays there.
COMMISSIONER BADAME: Vice Chair Kane, to that, I
don’t believe the prior pizza place had a beer and wine
license, and that could be why it went out of business.
CHAIR O'DONNELL: Commissioner Hanssen.
COMMISSIONER HANSSEN: My only question is does
your motion include the terms and conditions that are in
Exhibit 3 and 4?
COMMISSIONER BADAME: Yes, without modification.
CHAIR O'DONNELL: Okay, we have a comment.
JOEL PAULSON: I’d just like to clarify, for
Exhibit 3 we actually wrote the conditions. Their current
hours of operation are till 10:00pm. The current alcohol is
until 10:00pm, if the maker of the motion and seconder
understand that. I know we did talk about 9:00pm, the
Applicant talked about 9:00pm, so either one of those we
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can take forward, but I wanted to get that clarification on
the record.
CHAIR O'DONNELL: It says in the document I read
here stop selling alcohol at 9:00pm. You’re saying it
should say 10:00pm, or it does say 10:00?
JOEL PAULSON: The Conditions of Approval say
10:00pm.
CHAIR O'DONNELL: Okay.
JOEL PAULSON: The Applicant’s information says
9:00pm.
CHAIR O'DONNELL: Does the maker of the motion
now understand that it’s 10:00 to 10:00?
COMMISSIONER BADAME: I’m fine with 10:00
o'clock.
CHAIR O'DONNELL: And the seconder?
COMMISSIONER BURCH: Yeah, it makes more sense.
CHAIR O'DONNELL: Okay, that makes sense, yeah.
Are there any other comments? If not, I’ll call the
question.
All those in favor, say aye. So that passes
unanimously. Thank you.
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