16 Addendum - 42 Elm Street11i
Iz:
,s
towN aF MEETING DATE: 08/07/06
ITEM NO:
ADDENDUM
lps GABS COUNCIL AGENDA REPORT
IJ
DATE: August 3, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: CONSIDER A REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO
INCREASE THE SEATING, ALLOW SPECIAL EVENTS, AND WINE BAR
WITH RETAIL SALE ON PROPERTY ZONED C-2. CONDITIONAL USE
PERMIT U-06-20 APN 529-03-035. PROPERTY LOCATION: 42 ELM
STREET PROPERTY OWNER: MICHAEL COBLER APPLICANT: BELGHIS
AND FARHAD PROUSHANI
REMARKS:
Attached information was received after the staff report was finalized.
ATTACHMENTS:
1-7. Previously submitted
8. Email from Justo Arzie Hernandez (I page) received August 3, 2006
Distribution:
Belghis & Farhad Prousham, 42 Elm St., Los Gatos, CA 95030
Michael Cobler, 900 E. Campbell Ave., Campbell, CA 95008
BNL: mde
n:AdevUeporis\2006\42 elm2.doc
PREPARED BY: BUD N. LORI
DIRECTOR OP COMMUNITY DEVELOPMENT
N:ADEV\REP0RTS\2006\42 Elm2add.doc
Reviewed by: Assistant Town Manager ~ A~k Town Attorney
Clerk Administrator Finance Community Development
Page 1 of 2
Marilyn Cosden - Re: APN 529-03-035 Wine bar etc.
From: justohernandez <justohernandez@earthlink.net>
To: <manager@losgatosca.gov>
Date: 8/2/2006 8:17 PM
Subject: Re: APN 529-03-035 Wine bar etc.
-----Original Message-----
From: Justo Hernandez
Sent: Aug 2, 2006 11:04 PM
TOWN COUNCIL,
Subject: APN 529-03-035 Wine bar etc.
Esteemed Council members,
HISTORY: This was originally a bakery with tables and chairs. It was given an on sale beer and wine permit for service
with food only.
There was no county approved kitchen for proper food service in this establishment. Hence they have been or
still are
serving prepared food without supervision of the health dept. It was a bad move on planning's part to allow
this and
prompted your decision to do final approvals for all further liquor permit establishments in the future.
This establishment has been found serving wine without food (a nomal occurance) and as well running an
after hours wine bar without
the proper permits. When they were cited for this illegal activity they applied for the necessary permits and
were rewarded
for their offense with an off sale wine permit, but denied further intensification.
Now they are appealing planning's decision not to allow further intensification and they have every expectation to think
they will
be given approval from you. The precedent has been set to hand out wine bar permits and you unanimously approved
their off sale wine
usage just the other month even though you were told that same evening that they were operating an illegal enterprise
serving wine without
food and extending their hours. I have already written you with concerns over further intensification of the C.B.D. and
the back door approach to
establishing new restaurants in Town, (Restaurant James Randall). This current request is, as well, unacceptable
intensification contrary to the
communities wishes as directed to you from the General Plan Review Committee to decrease "USE" in the CBD in order
to promote and retain retail
and maintain our character.
If it is your decision to continue approving wine bars in Town, my hope would be that they are not stand alone
enterprises and food be served
with drink. Wine tasting rooms can be controlled by the amount of the pour and hours but this is an application for a
wine bar. If approved I would
hope that you require them to at least get a county health permit and install appropriate facilities to meet the condition of
their existing permit and
to monitor their M.O. as rules don't seem make a difference to them. Attachment 8
file://C:ADocuments and Settings\MCosden\Local Settings\Temp\GW}00002.HTM 8/3/2006
Page 2 of 2
Justo Arzie Hernandez
file://C:ADocuments and Settings\MCosden\Local Settings\Temp\GW}00002.HTM 8/3/2006