16 Staff Report - 42 Elm Street~pW N 0
a:
ion ~,A~os COUNCIL AGENDA REPORT
DATE: July 26, 2006
MEETING DATE: 08/07/06
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGGER;t'
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
RECOMMENDATION:
1. Hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Approve Conditional Use Permit Application U-06-12 (requires motion).
4. Refer to the Town Attorney for the preparation of the appropriate resolution.
BACKGROUND:
Caf6 Rouge currently operates with a Conditional Use Permit that allows for a 12 seat high
turnover/sit-down restaurant that serves beer and wine with meals. The approved hours of
operation are from 6:OOAM to 1:OOAM seven days a week with alcohol service limited to
11:OOAM to 11:OOPM seven days a week. Please see the Planning Commission Staff Report for a
complete description of the existing operation (Attachment 1).
PROJECT SUMMARY:
The applicant is requesting approval to modify the Conditional Use Permit for Caf6 Rouge to
allow a total of 40 seats, alcohol service without a meal, retail wine sales, wine tasting bar, and
special events with alcohol service. The only exterior changes proposed are planters and seats in
an existing loading area on the property (Attachment 1, Exhibit I). The proposed hours of
operation will remain the same.
PREPARED BY: BUD N. RTL
DIRECTOR OF COMMUNITY DEVELOPMENT
NADEV\REP0RTS\2006\42 Am2.doc
Reviewed by: ~ Assistant Town Manager
Clerk Administrator Finance v
Town Attorney
amunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 42 ELM STREET
August 1, 2006
T)TS CT Tq gTON-
USE
The applicant is requesting to modify their Conditional Use Permit. Please refer to the Planning
Commission Staff Report for a complete description of the proposed project (Attachment 1). The
applicant believes that the request is similar to the approval granted to the Los Gatos Coffee
Roasting Company. The following is a table comparing the applicant's request and the approved
conditions of approval for the Los Gatos Coffee Roasting Company (Attachment 6):
Los Gatos Coffee Roasting
Company Approved
Caf6 Rouge Requests
Conditions
Coffee Shop, Delicatessen,
Restaurant, Wine Bar, Retail,
Wine Bar, Entertainment, and
Uses
Entertainment
Specialty Food Market.
6:OOAM to l :00AM
6:OOAM to 10:00PM
Hours of Operation
(Seven days/week)
(Seven days/week)
11:OOAM to 11:OOPM
11:00AM to 9:30PM
Hours of Alcohol Sales
(Seven days/week)
(Seven days/week)
Entertainment with
Alcohol Sales
Yes
No
Retail Sales of Off-Site
Alcohol
Yes
Yes
Alcohol Sales Only with
Food Sales
No
Yes
Wine tasting
Yes
Yes
52 seats indoor (6 outdoor on
Seats
40
benches)
Does not comply with parking
Complies with parking
Parking
requirements
requirements
PARKING
The applicant is requesting approval for 40 seats, which require 14 parking spaces. 21 seats are
proposed inside and 19 seats are proposed outside. Please see Attachment 1, Exhibit I for the
proposed seating plan.
The following table shows the proposed seats, required parking spaces and provided parking
spaces for the project site.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 42 ELM STREET
August 1, 2006
Use
Square
Feet
Required
Parkin
Parking
Provided
Retail
2,423 s.f.
8
8
Personal
Service
1,152 s.f.
4
4
Caf6 Rouge
40 seats
14
3
TOTAL
26
15
The proposed and existing uses on the project site require 26 parking spaces. Fifteen spaces are
provided through the Parking Assessment District. The proposal of 40 seats is not consistent
with the Town Parking requirements. Please see the applicant's justification and request for
approval of this portion of the application (Attachment 1, Exhibit D). The applicant states that
the stores on the subject site do not generate a high volume of traffic and demand for parking.
Staff advised the applicant that the proposed project is not consistent with the Town's parking
requirements. The Los Gatos Coffee Roasting Company complies with the Town's parking
regulations which has a credit of 19 parking spaces through the Parking Assessment District.
ALCOHOL SERVICE
The applicant is requesting the ability to serve beer and wine independently from meals. The
proposal is not consistent with the Town's Alcohol Policy which discourages stand alone bars or
restaurants with separate bars and only allows alcoholic beverages if served with meals. The
proposal is not similar to the CUP granted to the Los Gatos Coffee Roasting Company which
requires alcohol to be sold with meals.
WINE TASTING BAR
The applicant is requesting a wine tasting bar which will offer a one ounce serving of wine
without food service. Wine tasting will occur during normal alcohol service hours. Wine tasting
is allowed with a CUP and was recently approved for the Los Gatos Coffee Roasting Company.
RETAIL WINE SALES
The applicant is requesting off-site retail sales of wine. Retail wine sales are allowed with a CUP
and were recently approved for the Los Gatos Roasting Company.
SPECIAL EVENTS
The applicant is proposing to hold special events with alcohol service. The events will include
multi-cultural poetry readings, musical events, and open-mike events and will occur Sundays-
Wednesdays (Attachment 1, Exhibit D). Special events were allowed in the CUP for the Los
Gatos Coffee Roasting Company but without alcohol service.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 42 ELM STREET
August 1, 2006
LOADING ZONE AND OUTDOOR SEATING AREA
The applicant is requesting to utilize the existing loading zone, located on the property, as an
outdoor seating area with landscaping improvements to address public safety concerns and a
barrier, approved by the Chief of Police, to address concerns regarding alcohol sales.
HOURS OF OPERATION
The applicant is requesting to maintain their existing hours of operation and hours of alcohol
service. The approved hours of operation are from 6:00AM to 1:00AM seven days a week with
alcohol service limited to I I: OOAM to I I: OOPM seven days a week. In order to continue alcohol
service beyond 10:00PM, the required findings from Section H of the Town's Alcohol Policy
must be made (Attachment 1, Exhibit E).
APPLICANT INPUT
The applicant submitted a letter on July 20, 2006 reiterating their desire to operate with 40 total
seats and Alcohol Beverage Control License Type #41 (Sale of beer and wine for consumption
on or off premise for restaurants). Further, in a letter submitted on July 21, 2006, the applicant
requested additional changes to the conditions of approval (Attachment 3) to clarify their
proposed use (Attachment 5). Staff does not recommend the applicant's requested changes to the
conditions of approval. The conditions of approval reflect the recommendations provided by the
Planning Commission. If the Town Cotmcil wishes to revise the conditions of approval, Staff
will return the revised conditions of approval to the Town Council for approval.
TRAFFIC
The proposed increase from 12 to 40 seats will result in a net increase of 96.6 Additional Daily
Trips (ADT) and 8.4 PM peak hour trips, which will require a finding of Community Benefit and
a Traffic Impact Mitigation Fee. If the project is approved without an increase in seats, the
Community Benefit and Traffic Impact Mitigation Fee are not required.
GENERAL PLAN CONFORMANCE
The parcel is designated as Central Business District on the General Plan which allows for
community oriented goods and services while maintaining a small town character. The
following sections of the General Plan are relevant to the proposed application:
L.P.1.3 - Encourage economic and social activity consistent with a small-scale, small town
atmosphere and image.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: 42 ELM STREET
August 1, 2006
L.P.5.1 - Maintain a variety of commercial uses (a strong downtown commercial area
combined with Los Gatos Blvd and strong neighborhood commercial centers) to meet
the shopping needs of residents and to preserve the small-town atmosphere.
L.P.5.2 - Encourage a mix of retail, office and professional uses in commercial areas, except in
the Central Business District where retail should be emphasized.
L.P.5.5 - Encourage the development and retention of locally-owned stores and shops.
L.G.6.2 - Preserve downtown Los Gatos as the historic center of the Town with goods and
services for local residents while maintaining the existing Town identity, environment
and commercial viability.
PLANNING COMMISSION DISCUSSION:
On June 28, 2006 the Planning Commission heard public testimony and discussed the issues
regarding the proposed project.
The Planning Commission recommended approval of two aspects of this application. The
Planning Commission only recommended approval of wine tasting and retail sales of alcohol for
off-site consumption. The recommended hours when these activities may occur are from 11:00
AM to 10:00 PM, seven days a week. All other requested uses were not recommended because
they conflict with the Town's Alcohol Policy and current zoning regulations.
ALTERNATIVES :
The following alternative actions are available to the Town Council:
1. Concur with the Planning Commission's recommendations and approve the CUP with the
conditions included as Attachment 3.
2. Modify or delete any of the proposed uses to address Council concerns.
3. Modify the hours of operation for the business and/or the special events.
4. Require specific portions of the proposed CUP to expire after one or two years. The applicant
would be required to obtain an extension to the Town Council for consideration. There will
be a fee associated with this process.
CONCLUSION:
The Town Council should review the Planning Commission's recommendation and determine if
the proposed use is consistent with the General Plan, Zoning Code, and Town's Alcohol Policy.
Pursuant to the Town's Alcohol Policy, the Town Council has the authority to take final action
on this application upon consideration of a recommendation from the Planning Commission.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: 42 ELM STREET
August 1, 2006
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town.
FISCAL IMPACT: None
ATTACHMENTS:
1. Staff report to the Planning Commission dated June 23, 2006 and Desk Item to the Planning
Commission dated June 28, 2006.
2. Required Findings and Considerations (1 page)
3. Recommended Conditions of Approval (3 pages)
4. Letter from Applicant dated July 20, 2006 (2 pages)
5. Letter from Applicant dated July 21, 2006 (1 page)
6. Town Council Resolution 2006-072 to approve Conditional Use Permit U-06-12 for the Los
Gatos Roasting Company (7 pages)
7. Verbatim Meeting Minutes from Planning Commission for June 28, 2006 (13 pages)
Distribution:
Belghis & Farhad Proushani, 42 Elm St., Los Gatos, CA 95030
Michael Cobler, 900 E. Campbell Ave., Campbell, CA 95008
BNL: VBN:mde
nAdev\rreports\2006\42 elm2.doc
Date: June 23, 2006
For Agenda Of: June 28, 2006
Agenda Item: 3
REPORT TO:
FROM:
LOCATION:
The Planning Commission
The Development Review Committee
42 Elm Street
Conditional Use Permit U-06-20
Requesting approval to modify a conditional use permit to increase the
seating, allow special- events, and wine bar with retail- wine sale on
property zoned C-2.
APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
DEEMED COMPLETE: May 18, 2006
FINAL DATE TO TAKE ACTION BY: November 18, 2006
FINDINGS: ■ As required by Section 29.20.190 of the Town Code for the granting
of a Conditional Use Permit
■ As required by Section IV.B of the Redevelopment Plan for the
Central Los Gatos Redevelopment Project that it meets the use set
forth in the Town's General Plan.
® It has been determined that the project is Categorically. Exempt
pursuant to Section 15301 of the State Environmental Guidelines as
adopted by the Town.
■ As required by the Town's Alcohol Policy to serve alcoholic
beverages past 10:00 P.M
EXHIBITS: A.
Required Findings (1 page)
B.
Existing Conditions of Approval for 42 Elm St.
C.
Recommended Conditions of Approval (3 pages)
D.
Letter of Justification, Project Description(6 pages), received May 2,
May 11 and May 18, 2006
E.
Town's Alcoholic Beverage Policy, Resolution 2001-106, (4 pages)
F.
Letter from Los Gatos Wine Company, (1 page) received May 5,
2006
G.
Letter from Santa Cruz Mountains Winegrowers Association (5
pages), received on May 8, 2006
H.
Letter from Muccigrosso Vineyards May 11, 2006 (1 page), received
on May 5, 2006
I.
Floor Plan, received May 11, 2006
RECOMMENDATION
SUMMARY: Forward a recommendation to Town Council
ATTACMNT 1
The Planning Commission - Page 2
42 Elm St. U-06-20
June 28, 2006
A. BACKGROUND:
The applicant is requesting approval to modify the existing conditional use permit (CUP) for
Caf6 Rouge located at 42 Elm St. Please see Exhibit B for the existing conditions of approval.
The current CUP allows a 12 seat restaurant that offers beer and wine with meals. Caf6 Rouge
is one of three businesses located on the proj ect site. The other two uses are retail and personal
service businesses.
It should be noted that the Town has contacted the applicants on several occasions regarding
violations to their CUP. In 2004, staff contacted the applicant and informed them that the
loading area had to be kept clear and the maximum number of seats is 12. In March of 2006,
staff responded to reports that Caf6 Rouge may be conducting a wine tasting bar. The Town's
Code Compliance Officer contacted the applicant and advised them that wine tasting is in
violation of their CUP. On April 17 and 20, 2006, the Town received two complaints from the
public regarding Caf6 Rouge. One person claimed that Caf6 Rouge was selling alcohol without
meals and the other claimed that Caf6 Rouge was selling wine by the bottle for off-site
consumption. Staff immediately informed the applicant that these activities violate their CUP.
The applicant has since stopped retail sale of wine and serving alcohol without meals and filed
for the subject CUP.
B. PROJECT SUMMARY:
The applicant is requesting approval to modify the existing CUP to allow additional seats,
service of alcohol without a meal, retail wine sales, wine tasting bar and special events with
alcohol service. There are no plans to revise the exterior of the building. The only exterior
change proposed are the planterboxes that separate the outdoor seating area from thepublic area.
The following chart is a summary of the proposal and whether it meets the Town Code
requirements.
Proposed Use
Consistency with Town Code
Restaurant Use
CUP Required
Hours of Operation: 6:00 AM to
1:00 AM, seven days a week
CUP Required
Hours of Alcohol Service: 11:00
AM to 11:00 PM, seven days a
week
CUP Required (additional findings required
as part of Town's Alcohol Policy)
Wine tasting bar
CUP Required
Retail wine sales
CUP Required
Service of beer and wine without
serving a meal
Not consistent with Town's Alcohol
Policy
The Planning Commission - Page 3
42 Elm St. U-06-20
June 28, 2006
Special Events including cultural
events, barbeques, art exhibitions
Not consistent with Town's Alcohol
and music events (Sundays
Policy
through Wednesdays) with alcohol
service.
40 Seats (indoor and out)
Not consistent with parking requirements
- - - -C. REMARKS- - -
1. Additional Seats and Parking Requirements
The applicant is requesting approval for 40 seats, which require 14 parking spaces.
21 seats are proposed inside and 19 seats are proposed outside. Please see Exhibit I
for the proposed seating plan.
The following table shows the proposed seats, required parking spaces and provided
parking spaces for the project site.
Use
Square
Feet
Required
Parkin
Parking
Provided
Retail
2,423 s.f.
8
8
Personal
Service
1,152 s.f.
4
4
Cafe Rouge
40 seats
14
3
TOTAL
26
15
The proposed and existing uses on the project site requires 26 parking spaces. Fifteen
spaces are provided through the Parking Assessment District. The proposal of 40 seats
is not consistent with the Town Parking requirements. Please see the applicant's
justification and request for approval of this portion of the application (Exhibit D). The
applicant states that the stores on the subj ect site do not generate a high volume of traffic
and demand for parking. Staff advised the applicant that the proposed project is not
consistent with the Town's parking requirements.
2. Hours of Operation
The applicant is not proposing a change in the hours of operation. They are proposing
to hold special events during the existing hours of operation, limited to Sundays through
Wednesdays. The existing hours of operation are as follows:
• Hours of Operation: 6:00 AM to 1:00 AM, seven days a week.
• Hours of Alcohol Service: 11:00 AM to 11:00 PM, seven days a week
• Special Events limited to Sundays through Wednesdays during hours of operation and
hours of alcohol service
The Planning Commission - Page 4
42 Elm St. U-06-20
June 28, 2006
The Town's Alcohol Policy requires the following findings for alcohol service past
10:00 PM:
A. Late night service will not adversely impact adjacent residential neighborhoods.
B. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
The applicant has a history of violations and complaints regarding number of seats and
alcohol service. They have violated their CUP and the Town's Alcohol Policy on several
occasions and continue to advertise as a wine bar.
3. Alcohol Service
Stand Alone Alcohol Service.
The applicant is proposing to serve alcohol without a meal. The applicant explains that
they would like to utilize their existing Alcohol Beverage Control (ABC) license to its
full extent and serve beer and wine independently from meals. The applicant will
continue to offer meals as part of their restaurant. Please see Exhibit D, for the
applicant's justification of this proposal.
The Town's Alcohol Policy (Exhibit E) states the following:
Town shall continue to strongly discourage new applications for stand alone bars or
restaurant with separate bars.
2. Alcoholic beverages may only be served with meals.
The applicant's proposal for alcohol service without food service is inconsistent with the
Town's Alcohol Policy. A restaurant that serves alcohol independently of a meal could
potentially operate much like a bar, which is strongly discouraged by the Policy. This
aspect oftheproposal differs fromthe approved CUP that the Los Gatos Coffee Roasting
Company obtained recently. The Los Gatos Coffee Roasting Company will be serving
wine with meals only.
Wine Tasting.
The applicant proposes to operate a wine tasting bar. They would offer one mince
servings at the bar and would not serve food with the tasting. The applicant proposes to
offer wine tasting during the allowed hours of alcohol service. Wine tasting is allowed
with the approval of a CUP.
The Plamling Commission - Page 5
42 Elm St. U-06-20
June 28, 2006
Retail Alcohol Sales.
The applicant proposes retail alcohol sales, providing a selection of wine for sale for off-
site consumption. The applicant plans to display their wines in a wine rack located near
the bar. Caf6 Rouge will focus on locals wine, but would like. to have the option to sell
imported wines as well. Please see Exhibit D for an explanation of this aspect of the
proposal. The Town has received letter from three local wineries in support of the
proposal (Exhibit F, G and H). The Los Gatos Coffee Roasting Company's retail sale
of wine is part of a small grocery store operation. Another similar retail wine sale
operation is C66 Marcella, where they have a separate retail wine room to display their
wines.
Alcohol Service During Events.
The applicant would like to serve alcohol during their proposed events. These events
may include artists' receptions, poetry readings and cultural events. Please see the
applicant's justification letter (Exhibit D) for a description The Town's Alcohol Policy
does not specifically regulate events, but entertainment is addressed in the Policy.
Based on the justification letter from the applicant, some of the proposed events are
considered entertainment and that aspect of the application is inconsistent with the
Town's Alcohol Policy. The Policy states:
1. Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
2. Entertainment in association with an eating or drinking establishment maybe allowed
if standards and a permit process are adopted. (An entertainment permit process has
not been adopted)
The CUP for the Los Gatos Coffee Roasting Company requires that no alcohol be served
during their events, with the exception of their private holidayparty, which is not subject
to the Town's Alcohol Policy, but is regulated by the CUP.
4. Traffic
Due to the increase in the number of proposed seats, there will be a net increase of 96.6
Additional Daily Trips (ADT) and 8.4 PM peak hour trips. Uses that generate more than
five peak hour trips require that the applicant justify the projects cornmunitybenefit. The
applicant has addressed this issue in the letter of justification (Exhibit D). However, if
the increase in seats is not approved, then community benefit is not required. The traffic
impact is considered minor according to the Town's Traffic Impact Policy, and a traffic
study is not required. The payment of a Traffic Impact Mitigation Fee is required as a
condition of approval.
The Planning Commission - Page 6
42 Elm St. U-06-20
June 28, 2006
5. Loading Zone and Outdoor Seating Area
The proposed outdoor seating area at the southeast conger of the site is currently a
loading area for the entire building. The applicant is requesting that this loading area be
removed to allow for the proposed seating area that would be improved with planters to
separate the seating area from the public space (Exhibit I).
The existing loading area was installed to serve the merchants at the subject site. It is
currently improved with a handicap ramp and a curb behind the sidewalk that serves as
a driveway approach. The space is not separated from the sidewalk and the parking lot
and pedestrians often walk through this area.
Since the proposal of 40 seats is inconsistent with the Town Code, it is unlikely that this
loading space canbe converted into a seating area. Therefore, the Planning Commission
should consider one of the following options for this area.
A. Require this space to improved as a landscaped area perhaps with potted plants and
safely separated from the sidewalk and parking lot. Restaurant seating will not be
allowed in this area.
B. Require that the loading space be safely separated from the sidewalk and parking lot.
Even though it is unlikely that this loading space can be converted into a seating area,
it maybe helpful to understand the requirements of outdoor alcohol service. The Town's
Alcohol Policy requires that adequate separation be provided between outdoor seating
area and public areas when alcohol is served. To comply with the policy, the applicant
has proposed to locate planters along the perimeter of the seating area to separate the
area from the sidewalk. The design must be approved by the Chief of Police prior to
installation. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area as determined by the Chief of Police. Any landscaping area will
be reviewed and approved by the Director of Public Works to ensure proper separation
between the landscaped area, loading zone and pedestrian ramp. The applicant will be
available to answer any questions relating to the details of the planters as specifications
were not included in the plans.
6. General Plan Conformance
The General Plan designation for the parcel is Central Business District Zone, which
allows for community oriented goods and services, while maintaining a small town
character. The following sections of the General Plan are relevant to the proposed
application:
L.P.1.3 - Encourage economic and social activity consistent with a small-scale, small
town atmosphere and image.
The Planning Commission - Page 7
42 Elm St. U-06-20
June 28, 2006
L.P.5.1 - Maintain a variety of commercial uses (a strong downtown commercial area
combined with Los Gatos Blvd and strong neighborhood commercial centers)
to meet the shopping needs of residents and to preserve the small-town
atmosphere.
L.P.5.2 - Encourage a mix of retail, office and professional uses in commercial areas,
except in the Central Business District -AThere retail should be emphasized.
LP.5.5 - _ Encourage the development and retention of locally-owned stores and shops.
L.G.6.2 - Preserve downtown Los Gatos as the historic center of the Town with goods
and services for local residents while maintaining the existing Town identity,
environment and commercial viability.
D. CONCLUSION:
Staff finds that the proposal of 40 seats, service of alcohol without a meal, alcohol. service with
entertainment and service of alcohol after 10:00 PM are inconsistent with the Town's Alcohol
Policy. Staff is concerned with the applicant's history of violations of their CUP, which is
inconsistent with the required findings of alcohol service past 10:00 PM. The proposed retail
alcohol sales also cause concern as it may change the character of the restaurant. If the
Commission is inclined to recommend approval for the wine tasting, it should make the findings
as stated in Exhibit A and make a recommendation to the Town Council.
E. RECOMMENDATION:
Pursuant to the Town's Alcohol Policy, this matter must be referred to Town Council with a
recommendation from the Planning Commission.
If the Planning Commission finds merit with the proposal, it should:
1. Make the required findings (Exhibit A),
2. Recommend approval of the application to Council, subject to conditions (Exhibit C).
The Plamling Commission - Page 8
42 Elm St. U-06-20
June 28, 2006
If the Commission has concerns with the application, it can:
1. Recommend approval of the application to Council with additional and/or modified
conditions of approval, or
2. Deny the application.
Prep ed b :
Judie ' Assistant Planner
BNL:RT:JG:
cc:
N:\DEV\REPORTS\2006\42 Elm.wpd
Bud N. Lortz,
Director of Community Development
42 Elan. Street
REQUIRED FINDINGS FOR
42 Elm Street
Conditional Use Permit U-06-20
Requesting approval to modify a conditional use permit to increase the seating, allow special
events, and wine bar with retail wine sale on property zoned C-2. APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
FINDINGS
l As required by Section 15301 of the-slat eEnvilolunental Guidelines as adopted by the
Town that this project is Categorically Exempt.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may
grant a conditional use permit when specifically authorized by the provisions of
the Town Code if it finds that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or
general welfare; and
(4) The proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of the Town
Code.
■ The Town's Alcohol Policy requires the following findings for alcohol service past
10:00 PM:
A. Late night service will not adversely impact adjacent residential neighborhoods.
B. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy.
C. The applicant has demonstrated a clear benefit to the community.
■ That the proposed porject is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
NADEV\FINDINGS\42 Elm St.wpd Exhibit A
Los Gatos Planning Commission
November 8, 2000
Adopted
ELM STREET, 42/U-00-26.(00.05)
Requesting approval to modify a conditional use permit to serve beer and wine with meals on
property zoned C-2. PROPERTY OWNER: Creamery II Investors LLC. APPLICANT: Farhad and
Belghis Proushani. Continued from October 25, 2000.
tapeS, r eJievJeu the 111 i1LGJ `es and and 1$ Ua1 1•1c•11 '"'V
C11I.
CUiiiY3iiSSif3iiei' L)'6i1 stated that he has iiStcu2u to the
participate in this matter.
Motion by Chair Bruno, seconded by Commissioner Lyon to approve 42 Elm Street with the
following conditions and findings.
CONDITIONS
42 Elm St.
Conditional Use Permit U-00-26
Requesting approval for modification of the Conditional Use Permit to serve beer and wine at the property zoned C-2.
PROPERTY OWNER: Creamery II Investors, LLC
APPLICANT: Farhad and Belghis Proushani
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. NUMBER OF SEATS. The number of seats shall not exceed 12 total, including both indoor and outdoor
seating.
2. HOURS OF ALCOHOLIC BEVERAGE SERVICE. The maximum hours of alcoholic beverage service shall
be from 11 am-till 11 pm seven days a week.
3. HOURS OF OPERATION. The maximum hours of operation shall be from 6:00am to 1:00am seven days a
week.
4. HOLD HARMLESS. A:hold harmless agreement shall be recorded releasing the Town from any liability
relating to the outdoor seating.
5. TAKE OUT. Take out food shall be served in recycled material containers.
6. UTENSILS. All beverages and food served on site shall be served on reusable materials.
7. TRASH. Operators of the restaurant shall pick up trash in the vicinity of the restaurant when outdoor seating
is available.
8. LAPSE FOR DISCONTINUANCE. If the activity for which the Conditional Use Permit has been granted is
discontinued for a period of one (1) year the approval lapses.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
ALCOHOLIC BEVERAGES: Beer and wine may be served only with meals at the restaurant. No beer or
wine may leave the premises. A meal is be defined as a combination of food items selected from a menu which
would constitute a normally accepted meal (breakfast, lunch, dinner, or brunch).
7
Exhibit B
Los Gatos Planning Commission
November 8, 2000
Adopted
10. ALCOHOLIC BEVERAGE SERVICE: Beer and wine may be served with meals in the outside patio area
as long as there is a barrier or fencing, 3 feet in height surrounding the patio area and separating it from the
sidewalk. The barrier or fencing may be a combination of fencing and shrubbery to equal 3 feet. A hostess
shall be stationed at the patio entrance at all times.
FINDINGS
As required by Section 29.20.190 of the Town Code for the granting of a Conditional Use Permit, the
Commission finds:
1. The proposed use of the property is essential or desirable to the public convenience or welfare in that
- the-restaurant will-provide-an amenity-that-is-both-compatible-and-coinplimentar-y-with the-existing- -
uses in the downtown.
2. The proposed use will not impair the integrity and character of the zone in that the proposed
modification is permitted in the zone district.
3. The proposed use would not be detrimental to public health, safety or general welfare in that
conditions are being added to regulate the hours of operation and alcoholic beverage service.
4. The proposed uses of the property are in harmony with the various elements or objectives of the
general plan and the purposes of the Town code.
As required by Town council Resolution 1994-29 for policies regulating the sale of alcoholic beverages the
Commission finds:
1. The applicant does not have a history of complaints.
Carried unanimously.
Conditions of Approval
42 Elm Street
Conditional Use Pen-nit U-06-20
Page 1
RECOMMENDED CONDITIONS OF APPROVAL FOR:
42 Elm Street
Conditional Use Pen-nit U-06-20
Requesting approval to modify a conditional use permit to increase the seating, allow special events,
and wine bar with retail wine sale on property zoned C-2. APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. CONDITIONS: These conditions of approval shall supercede all previously adopted
conditions.
2. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit I in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Plamzing
Commission, depending on the scope of the changes.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is a restaurant.
5. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 12
seats, indoor and out.
6. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 6:00 a.m.
to 1:00 a.m. seven days a week. Alcohol service shall be limited to 11:00 AM to 10:00 PM,
seven days a week.
7. ALCOHOL SALES: The service of wine by the glass for the restaurant is permitted only with
meals. A meal is defined as a combination of food items selected from a menu (breakfast,
brunch, hunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals. Retail sale of alcohol for off-site consumption is not
permitted.
8. WINE TASTING: Wine tasting is pernitted. The maximum sample size for the tasting shall
not exceed one ounce.
9. OUTDOOR AREA: The design of improvements to the outdoor area must be approved by the
Chief of Police and Director of Public Works prior to installation. The Chief Of Police will
review the proposal for public safety. The Director of Public Works will review the proposal
for proper separation between landscaped areas, loading zone (if it remains) and pedestrian
ramp.
10. HOLD HARMLESS: A hold harmless agreement shall be recorded releasing the Town from
any liability relating to the outdoor seating.
11. TAKE OUT: Take out food shall be served in recycled material containers.
12. UTENSILS: All beverages and food served on site shall be served on reusable materials.
Exhibit C
Conditions of Approval
42 Elm Street
Conditional Use Permit U-06-20
Page 2
13. TRASH: Operators of the restaurant shall pick up trash in the vicinity of the restaurant when
outdoor seating is available.
14. SPECIAL EVENTS : Wine tasting lectures, community meetings and private (invitation only)
events are allowed. These events are limited to once a month and during hours of operation.
Alcohol service and entertainment is not pennitted during these events.
15. PROHIBITED: Service of alcohol without a meal, retail sale of alcohol for off-site
consumption, entertainment and outdoor barbeques are not allowed.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
16. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional to the
proj ect's share of transportation improvement needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the conditional use permit is issued. The fee shall be paid within 30-days of
issuance of the conditional use permit. The traffic impact mitigation fee for this project, using
the current fee schedule and the preliminary plans is $8,114.40. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time the conditional use
permit is issued, using a trip generation rate based on high turnover restaurant use. The
preliminary fee is based on an increase from 12 seats to 40 seats. The additional 28 seats
increase daily average daily traffic by 135.2 trips, and the PM peak hour traffic increases by
11.8 trips.
17. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued. The developer's representative in charge shall
be at the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at the
developer's expense.
18. ENCROACHMENT PERMIT. All work in the public right-of-waywill require a Construction
Encroachment Permit. All work over $5,000 will require construction security.
19. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion
of a street which abuts property in a residential zone without prior approval from the Town
Engineer 15.40.070).
20. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily b asis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the
Town's storm drains.
21. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
Conditions of Approval
42 Elm Street
Conditional Use Permit U-06-20
Page 3
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions. _
22. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
23. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the backwater
valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the property
owner or other person has failed to install a backwater valve, as defined section 103 (e) of the
Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such
device in a functional operating condition. Evidence of West Valley Sanitation District's
decision on whether a backwater device is needed shall be provided within 3 0 days of issuance
of a certificate of occupancy.
24. OUTDOOR TRASH ENCLOSURES. Within 60 days of issuance of a conditional use permit,
outdoor trash enclosures shall be covered and area drains connected to the sanitary sewer
system shall be provided within the enclosure.
25. GREASE TRAPS. Meet all requirement of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
26. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty-five (25) feet from the device
as possible. The noise level at any point outside of the property plane shall not exceed eighty-
five (85) dBA.
e4vR
42 Elm Street T AY
Los Gatos <<4~~ ' 2006'
California
95030
May 2, 2006
Planni- 0- isSinn nfthe. Town ofLos Gatos
Ila Los Gatos, Ca.
Hand delivered
Ladies and Gentlemen:
Re: Modification to the use permit for Caf6 Rouge
We have owned and operated Caf6 Rouge at the same location in Los Gatos for
11 years now. About six years ago, the Town was kind enough to grant us permission to
use our ABC beer and wine license (license #41), although with restrictions limiting that
use. The purpose of this letter is to request that the Town withdraw those restrictions.
We also ask that the Caf6 be permitted
® to expand to 40 seats, including inside and outside seating;
■ to allow our ABC license #41 be fully implemented under its terms, thus
permitting us to sell customers a glass of wine or beer without requiring the
purchase of food, and permitting us to sell bottles of wine;
IN to hold multi-cultural poetry readings and musical events once a month, only
from Sunday evening through Wednesday;
® to hold open-mike events once a month, only from Sunday evening through
Wednesday;
® to hold wine tasting and wine recognition sessions and classes once a month,
only from Sunday evening through Wednesday;
■ to impose a cover charge for special events,
■ to hold a weekly outside barbeque, only from Sunday evening through
Wednesday and
of rent out its premises to small groups for special occasions, on occasions not
more than four times per year.-
We are making this request for modification now for a number of reasons. First
of all, we have operated the C66 for a significant amount of time, and by now we believe
the Town is familiar with the type of business operation we maintain. This is our only
location. We run it and control it, and we are here every day doing so. Our clientele are
not rowdy, and over-indulgence has never been an issue at the Cafe; our customers tend
Exhibit D
to be local residents over the age of 30. However, we also always provide
complimentary non-alcoholic drinks to designated drivers.
Secondly, about six months ago, we had the idea of specializing in serving wines
of the Santa Cruz Mountains each evening. This idea has had some success, and has
allowed us to stay in business, but is limited by our number of seats, and the requirement
that food be served with the wine. Our idea is about to be further limited by the entry
into this niche of the Los Gatos Roasting Company, which is a much larger business than
we are. If the Roasting Company is permitted to enter this area, we cannot hope to
compete without a change to our business.
_ The Town_ seems to be _a weekend destination for many people, but by the changes
we request to our permit, we hope to be a part of an effort to encourage people to see our
Town as a destination for the evenings from Sunday through Wednesday as well.
Santana Row is very strong competition for our area. We want to add flavors and values
which are unique to Los Gatos. The above requested changes to our use permit will
allow Cafe Rouge to compete, in our small way, with out-of-town, as well as in-town
destinations. In the face of what seems to us a very weak, and continuing, economy,
these changes to our permit are vital to our continued operation. We ask for your most
serious consideration for this request.
If you should have any questions concerning any aspect of our requested changes
or the implementation plans for those changes, please contact us at the Cafe (395-1599)
or in person and we will be glad to talk.
Very truly yours,
Z~- .
Belghis and Farhad Proushani
May 11, 2006
Supplement to the Letter of Justification dated 05/02/06.
Hand delivered
Ladies and Gentlemen:
Fa) rEECOVED
MAY 11 2006
TOVVN OF LOS GATOS
E'l._l~Itii ! i ~!G D1\IISION
About 40 years ago, a total of 15 parking spot were assigned to the retail stores in this
building.
16 years ago, the status of 42 Elm Street, which was retail, changed to a restaurant.
-Therefore we would like to request the town to consider increasing the parking spaces
assigned to Cafe Rouge, as the need of the business requires additional seating.
Besides, according to the owners of the exclusive retail stores, in this location, they are
not a destination for high traffic volume.
Furthermore, over one year ago, we lost our access to our loading space, due to the fact
that the town constructed a handicap ramp (please refer to attached plans and pictures).
Therefore we would like to request the permit to alter this space, for additional seating to
capture the panoramic scene of the beautiful Santa Cruz Mountains hills.
Very Truly Yours
Farhad Proushani
May 18t` 2006
Supplement to the letter of justification dated 5/2/06
Hand Delivered
Ladies and Gentlemen:
Cc,
MA'),
zoos
Tot"Vl\' OF 1 F
P/ AN/\11iV OIV GI p0S
As of 1995 we had approximately 40 seats in our cafe, inside and outside. We reduced
the number of the seats to 12 prior to submitting our application for conditional use
permit. The cafe looks empty with the impression that the place is closing and we are
loosing business. Tables, chairs and umbrellas are the first impression, which attracts
people to an eating place. 90% of our business is supported by foot traffic, if for any
reason town is not busy we almost have no business. To legalize the increase of number
of our seat will not have any effect on the traffic since we had the experience for the last
ten years. The fact is that 16 years ago, conditional use for 42 Elm Street changed from a
retail store to a restaurant with no consideration of the need of the extra parking spaces.
There are 15 parking spaces available for our building, the exclusive shops in this
building are not a destination of a high volume traffic in the town, we believe with
discretion of the town management the allowance for the only eating place in this
building could be reviewed and altered to the needs of the cafe, which is 40 seats. Also
the cafe could use other shops allowances after the closing hour (6 p.m. daily).
To implement our beer and wine license # 41 fully
Since year 2000 we have been serving beer and wine with no complaints, no disturbance
and no nuisance violations. We will have food available during our business hours and
will encourage our customers to purchase food with their drinks, but we should not force
them to do so, specially before and after the eating hours when they come late afternoon
or early evening for a glass of wine or beer, which discourage them to stay or revisit our
place in future. As a matter of fact we are forcing our customer with this manner
recently. The result is that we are loosing business and we are receiving lots of
complaints and negative comments about our business and our town.
Wine tasting and wine recognition classes are vital to promote the sale and appreciation
of the community to the magnificent quality of the Santa Cruz Mountains wines which
has been our line of business since December 2005.
Our effort has been to operate a cultural cafe since 1993. By promoting local artists, art
exhibitions, local musicians and poetry reading. Also to explore other minority's culture
of poetry, music and art through special events. This is what we have done and would
like to improve further. We see cultural events different than entertainment. Serving
wine during cultural events or the artist's receptions, is a complement to relaxation and
enjoyment-different than serving wine in the bar which could encourage otherwise
(other than wisdom)
To impose a cover charge during special events, is something that comfort and
Practicality for holding these events.
Occasional BBQ is something new and happy events that because of our location being at
The side of the parking lot not in main street, gives this opportunity to bring some joy and
Add some flavor into the town.
To have our space available for some special events to small group is affordable and
appreciated by the community and the visitors of the town. The cafe is very European
and unique place (One of the kind in the area).
The hour of our business would be within of our permit as is required.
We try to carry on with our events during the days and times that town is quiet anyway
(Sunday through Wednesday), which has no effect on high traffic.
We have been struggling to do business in the town for the last 11 years, last three years
We have been in business on borrowed money. Our determination of serving the .
Community and the visitors of the town is so strong that as an qualified architect, fashion
Designer and stylist, we still have a vision of success in working with public by serving
and promoting cultural events. We believe with the town management, positive
consideration and discretion, we will be able to stay in business and walk the path of
success and keep the spirit of Los Gatos up.
Finally...
We strongly believe that our loading area, is not safe and sound after the town
constructed the handicap ramp. Therefore we suggest to use this space for seating that is
the best and the only location in the town with the view of the beautiful Los Gatos Hills
that surrounds our unique town and give a chance to the community and the visitors to
capture the view of the hills that are bedding the wineries which we serve their wine in
our cafe. If the town decides otherwise, cafe rouge and the owner of the property would
like to sign off liability of any injury if occur in future (by climbing over the disabled
ramp to use the space for loading). To confirm our concern about safety in the town, we
would like to meet on sight with one of the town's engineer to express our views more
clearly and more efficiently.
Very Truly Yours,
Farhad an e g .'e Proushani
i
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
1. Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Townresidents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, fast 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended
to balance the protection of residential neighborhoods in close proximity to commercial
districts and still maintain the viability of our commercial centers in which restaurants have
an essential role. Hours of operation may be regulated based on an establishment's
proximity to residential neighborhoods or schools, the concentration of establishments in an
area serving alcoholic beverages or for other reasons that may arise at the public hearing.
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subj act to the following requirements :
II. General policy
The Town shall continue to strongly discourage new applications for stand alone
bars or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment maybe allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modification of a conditional use permit shall not be allowed:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Exhibit E
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. Specific Policy
1. Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
N. Review Process
Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning
Commission. The Commission will make a recommendation to the Town Council
and the Council shall have final review authority.
2. Changes in ownership for businesses involving service of alcoholic beverages shall
be reviewed by the Community Development Department. The following process
will be followed:
a. The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
c. If the Director of Conu-nunity Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Los
Gatos
Wine
Company
May 2, 2006
Los Gatos Town Council
Dear Friends
~u
T~A~ _ ~ 2006
GP,
My company, Los Gatos Wine Compare T, is a newly established
business in Los Gatos. I just vegan selli :g my product last month,
and Michael. Funari at Cafe Rouge was .one of the first wine
merchants to offer. my premium wines t : the public.
Since I am a new tivinemaker it, the area, laical wine merchants are
the best way to introduce my wines. An:: since I am; located in Los
Gatos, Cafe Rouge is among the best pl; :;es to feature my wine for
sale.
Cafd Rouge is not a typical bar or beer j, ; int, but a classy place to
enjoy, a glass of locally produced wine, to discover a bottle that is
not available elsewhere. It's'a great plan, to go after a movie or a
nice dinner downtown,
It is so hard for the independent busiries: person. to succeed, and they
need all the support they can get. Please ; upport -what Michael is
doing.
Sincerely,
16383 Bonnie Lane
twos :atos, CA 95032
(408) 358.8028
Fax (408) 358,1694
AT?~ S_
Frank Ashton.
Exhibit F
Ahlgren Vineyard
Alexander Cellars
AIfaro Family Vineyards & Winery
kndersen Vineyards
kptos Vineyard
#ptos Creek Vineyard
3argetto Winery
3eauregard Vineyards
tig Basin Vineyard
loany Doon Vineyard
lurrell School Vineyards
vington Wine*)i & Vineyard
haine d'Or Vineyards
innabar Vineyards & Winery
Jos LaChance Wines
los Tita
doper-Garrod Vineyards
ordon Creek
iuinox .
:1101-0 Ranch Vineyards
rnwood Cellars
.Ming Jenkins Vineyards
aicrosa Winery
enwood Oaks Winery
tllcrest Vineyards
inter Hill Vineyard & Winery
.thryn Kennedy Winery
figs Mountain Winery
Rusticana Vinevards
ma nrieta Winery
nen & Jocelyn Wiles
.-tin Ranch Winery
Henry Vineyard
ehael Martella Winds
unt Eden Vineyards
.ccigrosso Vineyards
;al Vineyard
imann Vineyards
,ster Wintery
: Organic Wine Works
calis
. M Staiger
e Mill Winery
can Ranch Winery
:hetti Winery,
ier Winery
;e Vineyards
.r Run Vintners
don-smith Winery
mandre Wine Cellars
a Cruz Mtn Vineyard
a Cruz Vineyard
mnah-Chanelle Vineyards
;r Mountain Vineyards
iel Vineyards
Winery
l ",SO Vltteyards
Mop nta.in Winery
nas Fogarty Winery & Vineyards
tder Mountain
unto Vinevards
t Gulch Vineyards
iy Oaks Vineyards & Winery
Aside Vineyards
me Vineyards
Award of it
Cafe Rouge has received this Award )f Merit for a Wine
Selection that features wines of the Simta Cruz
Mountains.
The Santa Cruz Mountains wine grape .rowing district
extends from Half Moon Bay in the not i h to Mount
Madonna in the south and includes ove.t - 40 wineries in three
counties.
In the late eighteen hundreds, wires pro Uced froth. Santa
Cruz Mountains grapes were famous ful their quality and
were winning medals in Europe. -Gr-apes- gm n in the cooler
climates and rugged soils of the coastal. fountains grow
more slowly and in smaller quantities, 'I If pis leads to more
concentrated flavors and complex charm- -er. Today, local
winemakers are handcraffing spectacu.la: wines and are
again winning international acclaim.
We are pleased to reward this stone for tl it sir efforts to bring
you these unique and limited availability .vines. We hope
you will treat yourself to the experience i t f. the fine wines of
the Manta Cruz Mountains.
Exhibit G
WINI✓ORONVERS ASSOCIATION
RECEIVED
MAY _ 8 2006
TOWN OF LOS GATOS
PLANNING DIVISION
WINEGROWERS ASSOCIATION
Los Gatos Planning Department
110 E. Main Street
Los Gatos, CA 95031
CC: Mike Funari
Caf6 Rouge
Dear Town of Los Gatos,
We would like to commend a wonderful restaurant in you area, Cafe Rouge. Caf6 Rouge
is doing a wonderful job of promoting the Santa Cruz Mountains Wines to locals and to
visitors. We have sent many visitors to C66 Rouge to enjoy our local wines, and they
have loved the experience, and the wonderful town of Los Gatos, which is of course the
gateway to the Santa Cruz Mountains wine-growing region.
Thank You,
aren and John Hrbb
Executive Directors
Santa Cruz Mountains Winegrowers Association
7605-A Old Dominion Court, Aptos, CA 95003.831-685-8463, 831-688-6961 FAX•www.scmwaxom
i
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TOWN NEWS
Volunteer ombudsmen needed
or program to aid the elderly
ColVle,says program.
~lers 'persofaal re►vaid'
By lENNiI'ER MCLAIN
Nolan Cordle spent 35 years in the busi-
ss world. The retiree says notbing com-
res to the rewarding feeling he gets as a
lunteer ombudsman.
"When a person does volunteer work,
:re is a direct benefit. The personal
vard is something that you don't get out
tregularpayingjob," the Los Gatosres-
utsays.
rbe ombudsman concept originated in
eden in 1.309. This programis designed
jive a voica to residents of long-term
e facilities, _he says.- In California,_lhe_
wards investigate complaints, ranging
m abuse to disapproval about food, by
erly residents of registered nursing
ilities.
❑i965, the program was embraced in
United States as part of the Older
ierican Act. The long-terns care
budsman program in California has
; state mandates. It requires that resi-
ts be resoonsiblc forreceiving reports
lleged dependent adultabuse in adult
dential care facilities, and forwitness-
advanced health-care' directives for
dents in nursing facilities, Lastyear, the
,udsman program investigated 1,902
nal complaints inCatifornia.
ordle says he j oined the program two
saga afterheatingabout it inchurch.I3e
participated in three-month training pro-
gramcove ringissuessuch ashowtnidentify
elder abuse, hove it affects the elderly turd
how to protect therightsofseniors.
Each vo.luatecris assigned care facilitzec
throughout the county. Cordle has two
facilities that he frequents two or three
times a week.
When he gets there, he makes his
rounds, introducing himself to the new
arrivals, and then he visits with the other
residents to see if there are any concerns
or complaints about their care,
Ore thing ombudsmenhave to rertam-
her, be says, is that the volunteers should be,
objective.
While they should develop a rapport with
the residents, the), should not do so in a way
tbatwould impair tbeir judgment
1lteprogram is essential in-Santa Clara
County, and Cordle says that there is a
need for more volunteers.Thevolunteers
are as old as 35, and have backgrounds in
such professions as teaching, medicine and
business_
In Santa Clara County, there are more
than 12,600residerits-tt5,5nursinefacilitles
andmore than350residentialcareand mast-
ed living facilkies. For all of the residents,
however, there areonly25volunteers.
"I can'tstrcss enough howimportantit is
tbatwegetmorevotunte.ers," Cordle says.
After volunteersconipiete the 36-hour
training program, Cordle hopes that they
can donate atleast 20 hours a month to the
program.
To learn rnore, rontacr Nolan Cordle at
400.325.5151.
' O L I C E REPORT I Drunken drf%ing-Feb. 4,5-.22 a.m. An
hest Feb. 5, 4:21 p.m. Someone took
g of jewelryfrom a home on Johnson
-uue. The victim was out of the couu-
t the time, and the resident's daughter
spied the horse. The j ewelry was vaL-
atbetween $5,000 and $10,000.
left-Feb. 2, 3:13 p.m.Ajuvenile was
.rved on N. Santa Cruz Avenue
wing a chrome valve-stem cover from
.7.'Ete juvenile was detained, cited and
tsed to a relative.
atnk in public-Feb. 4, 7:07 p.m. A
on was arrested for being drunk in
is on N. Santa Cruz Avenue. While
:hvig him, officers located iiian
ie suspect, He was booked into jail.
ato theta-Feb. 5, 10:05 a.m, An
rowan female stole a car from Carlton
Sue.
unkenflriving Feb.4,144a.m.Offi-
:onducted an enforcement stop of a
VW parked on N. Santa C:ru?,
rue. Tne driver was found to be ander
LHuence of an alcoholiebeverage, She
aken into custody without incident
oohed into Santa Clara County irlaia
modes--1~eb, 5, 9:51 a.m. Upon n
le step on Capri Drive, a female adult
r was found to be unlicensed and
r the influence ofinethamphetamine.
nk pipe and marijuana were found.
ras arrested nadbooked into Santa
.County Main Jail.
adultmale was arrestedfor drunken driv-
ing after being pulLed over on W. Main
Street.
Reckless driving-Feb, 6, 1:05 a.m. A
male juvenile driver was seen driving
through a rerl light at a high rate of speed.
The juvenile sped through a residential
area and parking lots with several wit-
nesses presenLHe was cited for reckless
driving and released.
Petty then Feb, 4,12:09 a.m. A juve-
nile was detained after stealing breatlt
mints from a store- T1te store employee
recovered the stolen merchandise. The
juvenile was released to his mother for
Petty theft, possession of Less than one
ounce of marijuana and being a minor in
possession of tobacco products,
Assault with a deadly weapon-Feb, 2,
5:34 p.m..Aia adult male stabbed a person
In the neck on Blossom Pill Road. The
male was arrested and booked at Santa
Clara County MaIrUail.
Narcotics-Feb. 2; 10;47 a.m, Three
juvcuiles were found to be in possession of
marijuana. They were all cited. and
released.
Theft-Feb. 1, 7:07 p.m. A woman con
tacted an officeron N, Santa Cruz Avenue
to make a theft report. She told the officer
that her shoes and oar keys-were stolen.
The officer did not locate the stolenitems.
Buggtaz3--Feb. 1, 1:02 p.m. An
unknown person entered an office locat-
ed on Pollard Road and stole muttiple
computers.
EVENING
WINE BAS
Inery of the. week a Myer Run.
s Recn a 1 aet the t' akOr -frebruary 15' Q 9:00 p.m.
1- 545Y9 -42 Ekm Street a Las Batas _,,i .
Muccigrosso Vineyards
21450 Bear Creek Road
Los Gatos, CA 95033
408-354-0821
May 4, 2006
Town of Los Gatos Civic Center
Los Gatos Planning Department
110 E. Main Street
Los Gatos, CA 95031
RECF-IVED
MAY m 5 2006
TOWN OF LOS GATOS
PLANNING DIVISION
Re: Caf6 Rouge
Conditional Use Permit Modification Application
Dear Gentlepersons:
As one of the many small wineries in the Santa Cruz Mountains, we are writing on
behalf of Caf6 Rouge. We are long-time Los Gatos residents (over 28 years), and we
have been thrilled that our town has finally brought a wine bar to reality! Caf6 Rouge is a
comfortable, friendly place where local wine enthusiasts have an opportunity to try wines
from a number of local wineries like ours. Many of us, as small wineries, have limited
public exposure, and we have been more than pleased to have our wines featured at Cafe
Rouge.
It has been delightful to watch Caf6 Rouge become a popular place for people to come
and enjoy a glass of wine before and after dinner at one of the local restaurants, or before
or after a movie at the Los Gatos Cinema (walking distance).
As mountain residents, it has provided a place in town for us to meet with friends and
family, and to connect with other wine lovers. Our wine sales have increased during the
past five months, and we believe this is, in part, due to the fine exposure Caf6 Rouge
affords our wines.
There are many small, congenial wine bars in other Bay Area communities. We are
thrilled that Caf6 Rouge has filled that glaring gap in Los Gatos! We very much hope to
see this establishment continue to grow and flourish!
Sincerely,
Michael and Lynne Muccigrosso
Muccigrosso Vineyards
Exhibit H
MAP AVAILABLE IN
CLERK DEPARTMENT
Date: June 28, 2006
For Agenda Of: June 28, 2006
Agenda Item: 3
DESK ITEM
REPORT TO: The Planning Commission
FROM: The Development Review Committee
LOCATION: 42 Elm Street
Conditional Use Permit U-06-20
EXHIBITS :
DISCUSSION:
seating, allow special events, and wine bar with retail wine sale on
property zoned C-2.
APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
DEEMED COMPLETE: May 18, 2006
FINAL DATE TO TAKE ACTION BY: November 18, 2006
A.-I. Previously submitted
J. Petitions from concerned citizens, received June 27, 2006 (5 pages)
K. Letter from Larry Justo Arzie, received June 27, 2006 (1 page)
L. Applicant's response to staff report, received June 27, 2006
(2 pages)
Exhibits J, K, and L were received after the staff report was finalized.
490
Prepared by:
Judie Gilli, Assistant Plamler
BNL:RT:JG:
cc:
2 2
Approved by:
Bud N. Lortz,
Director of Coininunity Development
NADEV\REP0RTS\2006\42 Elmdsk.wpd
To Whom It May Concern
11"1 ftont of Cafe R.Ouge on me u" catuC1n of thiabled ramp and loading area, I
tipped over the curb.
Date:....~~...J7..~'..'...........
Phone:.~~„ &.~-Ol ~C:J....
EXHIBIT J
To Whom It May Concern
In front of Cafe Rouge on the location of disabled ramp and loading area, l
tipped over the curb.
Name:....A-an 111j)
Date:.........:: L. C. :5
Phone:......
AC [ G"A-i L.Y 7-/`-~
To Whom It Mgy Concern
In font of Care Rouge on he locai.ion of clusabied ramp and .loading area, I
tipped over the curb.
Date:.....t..a
Phone:....:.- :OR~~.....
To Whom It May Concern
-n u air of Cafe Rouge oii `tee io%atiC)r, of w abied ramp and ioadmg area, I
tipped over the curb.
Name.. .
Date:.
Phone.. .7...
To Whom It Nlay Concern
sr~ mo t off" Ca- Pouge on the location of disabled ramp and loading area, I
tipped over the curb.
Date:. ~
Phone
"Justo Hernandez" <iustohernandez(cr-earthlink.net> 06/27/2006 12:16:19
PM
RE: 42 ELM STREET. APPLICATION U-06-20
It is seldom that we are able to rectify past planning errors. The history of this
applicant would clearly justify revolking thier beer and wine license, instead of
rewarding them with more seating and a serve alone winebar.
Larry Justo Arzie
EXHIBIT K
e + R"
42 Elm Street
Los Gatos
California
95030
June 27, 2006
Planning Commission of the Tow of Los Gatos
Los Gatos, Ca.
Hand delivered
Ladies and Gentlemen:
V~ ~
~ '=i 2006
jOS
TOWN 0" DNISION
'PI _ANl~1lNG
Re: Re-port of Planning Staff to Modification to Cafe Rouge Use Permit
We have received the Planning Staff Report to our request for modification to our
use permit. There are a number of allegations in that report which we feel we must
address.
First of all, the complaints noted by the staff. when the staff contacted us about
not using the loading zone for seating and keeping it clear, we did remove seats from that
area, while also alerting the Town to the safety hazard which the loading zone represents
for it. (We have provided the Commission copies of the complaints of individuals who
have come into the Cafe to complain about this hazard just after the Town required that
we remove the large planter boxes which we had placed to ameliorate that hazard.)
The second complaint noted by staff concerns the Town Code Compliance
Officer advising the Cafe that wine tasting is against their CUP. Farhad had the
conversation with the Code Compliance Officer. The officer asked is there were any
wine tastings occurring in the Cafe. Farhad said that there is certainly no free alcohol, if
that is what he meant. Patrons do taste wine, because we sell it by the glass with food,
and Farhad understood that sometimes our partner Mike Funari sells wine by the flight,
so that an individual can try more than one with their food. The officer was satisfied, we
thought, that we were not in violation of our CUP.
The third complaint consisted of individuals reporting that the Cafe was selling
wine without food, and that the Caf6 was selling wine for off-site consumption. The caf6
does not and has not sold wine without food, although it sometimes happens that patrons
linger over their wine when the food dishes have been removed from the table. That
could give the impression of a violation, when none occurred. As to the sale of wine for
off-site consumption, we did consult the terms of our ABC license when Mr. Funari
wanted to do that, and learned that it was permitted under our license. We did forget
about the restriction in our operating permit from the Town, but immediately ceased
EXHIBIT L
selling wine for off-site consumption when staff reminded us of that provision. We
apologize for this very unintentional violation of our existing permit.
As you can see by our plan, we proposed to comply with the Town regulations
concerning outside seating, which will be well marked off and separate from the public
sidewalk. The planned outside seating will also solve an existing liability problem for the
town concerning the dangerous "loading zone" area. The town engineer has recently
reported to the town that the "loading zone" area is not suitable for that use. Forty seats
is not unduly crowded, and has been approved by the health, fire and police departments.
The staff report recommended decreasing the hours of operation of the alcohol
sales from our existing CUP, which is 11.00am to 11_00 pm, to 11:00 am to 10:00 pm.
The staff also recommended that we be no longer permitted to serve beer and wine in the
patio, where we are now permitted by our CUP to serve it, and where a good part of our
business is done.
The staff recommended permitting no off-site sales, on the theory that our
business is different from the Coffee Roasting Company in that they sell "grocery" items,
and.from Cafe Marcella, where there is a separate room for wine sales. But we don't
think that a "one size fits all" rule works. We want to be different from Cafe Marcella in
that we want the patrons to be able to buy the wine they just tasted, and see it displayed in
the same room. We want to be different from Coffee Roasting Company in we are a
much smaller operation. Our clientele is different. Sometimes one is not hungry, but just
would like a glass of wine in a quiet place. We do not want to require our patrons to buy
food; they do not understand that it is a requirement of the Town and not our own. At the
meeting, our partner Mike Funari will have a compilation of all the other wine bars in
surrounding communities which do not require food be served with wine.
We started the emphasis on Santa Cruz Mountain Wineries on December 1, 2005
with a six month understanding with our partner Mike Funari. We agreed that if there
seemed to be community interest in the idea, at the end of the six months we would go to
the town to modify our CUP to permit that aspect of the business to grow it its fullest
potential. Apparently the Coffee Roasting Company knew a good idea when they saw
one, and has gotten their own permit to sell wine off-site and have wine tastings of Santa
Cruz Mountain Wineries. But we think that the Town is big enough for two venues
emphasizing wines of the Santa Cruz Mountains. However, we cannot compete with the
Coffee Roasting Company without changes to our CUP to permit off site sales, wine
without food, and much more seating.
We will be sharing our vision of the new cafe at the meeting on Wednesday night,
plus some other points which we think are pertinent to your deliberations on this matter.
truly yours,
his and Farhad Proushani
REQUIRED FINDINGS FOR
42 Elm Street
Conditional Use Permit U-06-20
Requesting approval to modify a conditional use permit to increase the seating, allow special
events, and wine bar with retail wine sale on property zoned C-2. APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
FINDINGS
As required-by Section 15307 oft e State Environmenta Guidelines as adoptedfby t -e
Town that this project is Categorically Exempt.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may
grant a conditional use permit when specifically authorized by the provisions of
the Town Code if it finds that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or
general welfare; and
(4) The proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of the Town
Code.
■ That the proposed por ect is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section N.B).
NADEWINDINGS\42 Elm St3.wpd
ATTACMENT 2
RECOMMENDED CONDITIONS OF APPROVAL FOR:
42 Elm Street
Conditional Use Permit U-06-20
Requesting approval to modify a conditional use permit to increase the seating, allow special
events,
and wine bar with retail wine sale on property zoned C-2. APN 529-03-035.
PROPERTY OWNER: Michael Cobler
APPLICANT: Belghis and Farhad Proushani
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
(Planning Section)
1. CONDITIONS: These conditions of approval shall supercede all previously adopted
conditions.
2. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit I in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission, depending on the scope of the changes.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is a high turnover (sit-down) restaurant as defined by the Zoning
Ordinance.
5. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 12
seats total (indoor and outdoor).
6: HOURS OF OPERATION: Hours of operation for.the restaurant shall be 6:00 a.m. to 1:00
a.m. seven days a week. Alcohol service and retail alcohol sales shall be limited to 11:00 AM
to 10:00 PM, seven days a week.
7. ALCOHOL SALES: The service of wine by the glass for the restaurant is permitted, indoors
and outdoors, only with meals. A meal is defined as a combination of food items selected
from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. Retail sale of wine for off-
site consumption is permitted from 11:00 AM to 10:00 PM, seven days a week.
8. WINE TASTING: Wine tasting is permitted indoors only. The maximum sample size for the
tasting shall not exceed one ounce.
9. OUTDOOR AREA: The design of improvements to the outdoor area must be approved by the
Chief of Police, the Community Development Director, and Director of Public Works prior to
installation. The Chief of Police will review the proposal for public safety. The Director of
Public Works will review the proposal for landscaping, proper separation between landscaped
areas, loading zone and pedestrian ramp.
10. TAKE OUT: Take out food shall be served in recycled material containers.
11. UTENSILS: All beverages and food served on site shall be served on reusable materials.
12. TRASH: Operators of the restaurant shall pick up trash in the vicinity of the restaurant when
outdoor seating is available.
13. SPECIAL EVENTS : Wine tasting lectures, community meetings and private (invitation only)
events are allowed. These events are limited to once a month and during hours of operation.
Alcohol service and entertainment is not permitted during these events.
ATTACMMNT 3
42 Elm Street - August 7, 2006
Conditional Use Permit U-06-20
Page 2
14. PROHIBITED USES: Service of alcohol without a meal and outdoor barbeques are not
allowed.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
15. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion
of a street which abuts property in a residential zone without prior approval from the Town
Engineer ff T5:40.-070). -
16. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
17. OUTDOOR TRASH ENCLOSURES. Within 60 days of issuance of a conditional use permit,
outdoor trash enclosures shall be covered and area drains connected to the sanitary sewer system
shall be provided within the enclosure.
18. GREASE TRAPS. Meet all requirement ofthe Santa Clara County Health Department and West
Valley Sanitation District for the interception, separation or pretreatment of effluent.
19. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the
measurement shall be made at distances as close to twenty-five (25) feet from the device as
possible. The noise level at any point outside of the property plane shall not exceed eighty-five
(85) dBA.
Cafe Rouge
42 Elm Street, Los Gatos Ca. 95030
July 17, 2006
Mayor and Council Members 17,
Town of Los Gatos 11 Pp J J
2006
P.O. Box 949
Los Gatos, Ca. 95030 TOWN 0,_ X03 CATOS
PLrm° Iji~i F- D VIS10N
Ladies and Gentlemen,
With our great appreciation to the Town of Los Gatos Planning Commission decision,
and our utmost faith and trust to Madam Mayor and Council Members Town of Los
Gatos, for final consideration and decision, we would like to state a few facts, which will
determine our success of doing business in the town.
Cafe-Rouge-for-the-past-6-years-has-operated-with license-to-serve beer-and wine.
We have a great reputation in the town of Los Gatos, and would like to ask the Town to
grant us permission to serve beer and wine without the enforced purchase of food items.
However, our menu is designed, and priced carefully, in order to encourage our clientele
to purchase food. Of course the food service would be available throughout the hours of
operation.
Cafe Rouge is not a place to go to see, or to be seen. Cafe Rouge attracts a quieter crowd,
sometimes, an older clientele. Our customers enjoy conversation that goes with sharing a
drink and ideas in a quiet place, before or after a movie, or perhaps, before or after eating
times. This permit would greatly add to the sophisticated, and thoughtful, make-up of
down town Los Gatos. Cafe Rouge is a small, and personal, cafe not a chain or franchise.
We would like to think that Cafe Rouge is part of the charm of Los Gatos.
To use the cafe more efficiently to serve our customers, we need to expand our seating to
a total 40, inside and out (seating for 40 has already been approved by the Fire, Health
and Police Departments). Please see attached proposal plan of the outside area, which
was formerly a loading area before the town constructed the handicap ramp.
Finally, Cafe Rouge is a place where Espresso and Wine share the same space, the same
customers and the same services. Within the discretion of Madame Mayor, and Council
Members Town of Los Gatos, we request to be allowed to use our ABC 441 license with
no restrictions, for at least, a period of one-year on a trial basis. If this privilege brings
anything other than adding to the charm, and services in the town, our permit could be
restricted again according to town policies.
We appreciate your consideration of our request, and would be happy to welcome you to
Cafe Rouge at any time.
Very Truly Yours,
Belghis and Farhad Proushani
e~
ATTACNMF:NT 4
in keeping with Los Gatos town's alcohol policy and in
concert with tradition of France, Spain, and Italy, which
considers wine as inseparable from food, we are pleased
to offer the following plates from our menu.
cheese
assorted cheese, olives and mustard, and French baguette
assiette de fromage et salmon $6.50
cheese and -salmon plate
assorted cheeses and wild salmon, olives and French baguette
assiette de charcuterie $6.50
charcuterrie plate
combination of assorted cured meats accompanied by whole grain
mustard and French baguette
pastalquiche of the day $6.50
homemade quiche or pasta served with baby green salad
and vinaigrette dressing
Cafe Rouge
42 Elm Street, Los Gatos CA 95030
July 21, 2006
Mayor and Council Members RECEIVED
Town of Los Gatos JUL 2- 1 2006
P.O. Box 949
Los Gatos, Ca. 95030 TOWN OF LOS GATOS
PLANNING DIVISION
Ladies and Gentlemen,
The present terminology in our recommended conditions of approval for our CUP is very
different to the one for Coffee Roasting Co. We would feel more justified if you please
consider the changes of the wording as below.
4- USE: The approved use is a coffee shop-restaurant, espresso bar and wine bar
tour--s-ot uperanoir lviaxunum hours o-roperanor for the restaurant shall be o a.m. to
1 a.m. 7 days a week. The wine service bar and off-site sales of wine shall be limited
to 11 a.m. to 10 p.m., 7 days a week.
7- Alcohol Service: The service of the wine by the glass for the restaurant is permitted
only with meals. A meal is defined as a combination of food items selected from a
menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. Retail sale of wine
for off-site consumption is permitted from 11 a.m. to 10 p.m., 7 days a week.
Beer and wine maybe served with meals in the outside patio area as long as there is a
barrier or fencing, 3 feet in height surrounding the patio area and separating it from
the side walk. The barrier or fencing maybe a combination of fencing and shrubbery
to equal 3 feet.
9- Outdoor Seating Area: (previous loading zone before the town constructed the
handicap ramp): The chief of police and director of public works prior to installation
must approve the design of improvement to the outdoor seating area. The chief of
police will review the proposal for public safety. The director of public works will
review the proposal for proper separation between landscape area and pedestrian
ramp-
14- Special Cultural Events: Wine tasting lectures, community meetings, and private
(invitation only) events are allowed. These events are limited to once a month each
and during the hours of operation. Wine bar service is not permitted during these
events.
The use of this terminology is more likely, to describe the nature of Cafe Rouge. The
kind of business we are conducting now and intend to sustain in the future, which is more
realistic, prestigious and sophisticated.
Very Truly Yours,
Belghis and Farhad Proushani
ATTACHMENT 5
RESOLUTION 2006 - 072
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO
CHANGE THE HOURS OF OPERATION AND ALLOW SPECIAL EVENTS, A.
DELICATESSEN, OFF-SITE BEER AND WINE SALES, AND WINE TASTING ON
PROPERTY ZONED C-2.
APN: 529-01-025
CONDITIONAL USE PERMIT: U-06-12
(LOCATION: 91. 101 AND 109 W. MAIN STREET
PROPERTY OWNER: SUE FARWELL
APPLICANT: TERI HOPE
WHEREAS:
1. This matter came before Council for public hearing on June 5, 2006.
2. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted.
3. The Los Gatos Coffee Roasting Company is located at 109 W. Main Street (Store
A), 101 W. Main Street (Store B), and 91 W. Main Street (Store C). Store A was granted
a Conditional Use Permit (CUP) on March 12, 1997, which allowed for a Creperie and
no additional seating. This CUP is now expired and the store is used by The Los Gatos
Coffee Roasting Company as retail space. Store B currently operates under a CUP
approved on July 10, 1986 allowing for a restaurant with a maximum of 16 seats. Store
C currently operates under a CUP approved on July 23, 1986 allowing the previously
approved restaurant to expand into 91 W. Main Street and for the addition of 36 seats. In
all, the Los Gatos Coffee Roasting Company is currently allowed a maximum of 52 seats.
4. The approved hours of operation for the Los Gatos Coffee Roasting Company are
ATTACHP4M 6
1
as follows: 7:30AM to 6:OOPM Monday through Wednesday; 7:30AM to 10:30PM
Thursday through Saturday; and 9:30AM to 6:OOPM Sundays.
5. Applicant seeks approval to modify its CUP to allow for the operation of a
gourmet grocery store and full service delicatessen counter offering sandwiches made to
order, bulk meats, cheeses, and other deli items, in its Store A location.
6. Applicant seeks approval to modify its CUP to allow for the sale of off-site beer
and wine and for wine tasting. Applicant intends to require patrons to pay for one ounce
wine tastes in accordance with Alcohol Beverage Control (ABC) requirements, and to
offer pre-packaged-snacks. Applicant also intends to require that patrons be served a
lunch or dinner meal before being served alcoholic beverages, as required by the Town's
Alcohol Policy. Alcohol service would also be restricted during special events held at
the Los Gatos Coffee Roasting Company. Special events include events for individuals
under 21 years of age, poetry and music weekend evening events, community meetings,
and the Los Gatos Coffee Roasting Company's annual events.
7. The applicant also seeks approval to modify its CUP to change the hours of
operation. The desired hours of operation are 6:OOAM to 10:00PM seven days a week.
The wine bar would close at 9:30PM seven days a week.
8. Town Council finds as follows:
a. Pursuant to Town Code section 29.20:190, the proposed use of the
property is desirable to the public convenience; will not impair the integrity and character
of the zone; would not be detrimental to public health, safety or general welfare; and is in
harmony with the various elements or objectives of the General Plan and the purposes of
the Town Code. Evidence in the record demonstrates that the proposed modification to
2
the CUP would encourage (1) economic and social activity consistent with a small-scale,
small town atmosphere and image, (2) the development and retention of locally-owned
stores and shops, (3) the preservation of downtown Los Gatos as the historic center of the
Town with goods and services for local residents while maintaining the existing Town
identity, environment and commercial viability, (4) the development of a new image and
market in the Town as the gateway to the Santa Cruz Mountains wine region,. and (5) the
provision of a new, attractive and well managed night time gathering place in downtown
Los Gatos for local youth.
b. The project is categorically exempt from environmental review pursuant
to Section 15301 of the State Environmental Guidelines as adopted by the Town.
C. The proposed use is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff
report prepared for the public hearing on June 5, 2006.
RESOLVED:
A. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as
the Conditions of Approval of this permit.
B. The decision constitutes a final administrative decision pursuant to California
Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town
Code of the Town of Los Gatos. Any application for judicial relief from this decision
must be sought within the time limits and pursuant to the procedures established by
California Code of Civil Procedure section 1094.6, or such shorter time as required by
state or federal law.
3
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California held on 19`t' day of June 2006 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: laot
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
l/y)'1r~/1GYC~
%
A6/ ~XX
/
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4
CONDITIONS OF APPROVAL FOR:
91,101 and 109 W. Main Street
Conditional Use Permit U-06-12
Requesting approval to modify a conditional use permit to change the hours of operation,
allow special events, deli, off and on- site beer and wine sales and wine bar on property zoned
C-2. APN 529-01-025.
PROPERTY OWNER: Sue Farwell
APP irAr,T•r. m rJ u"„e
(Planning Section)
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved 'and noted as
Exhibit L in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be approved by the Director of Community Development or the Planning
Commission, depending on the scope of the changes.
2. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year the approval lapses.
3. USE: The approved use is a coffee shop-restaurant, delicatessen, wine bar, and specialty retail.
Store A contains the wine bar, deli counter, off-site sales of wine, and specialty grocery/coffee
retail uses. Stores B and C contain the espresso bar and coffee shop uses. The use shall be
consistent with the description contained in the, letter from Teri Hope dated April 21, 2006,
attached and incorporated herein as Exhibit A.
4. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed 52
seats and 6 seats on the outdoor benches in front of Store B and C. No additional seats will be
allowed outside of restaurant.
5. HOURS OF OPERATION: Maximum. hours of operation for the restaurant shall be 6:00 a.m.
to 10:00 p.m. seven days a week. The wine service bar will operate from 11:00 a.m. to 9:3.0 p.m.
during normal business hours. Wine bar service not permitted during the following special
events: Under 21 Events, Poetry/Music Weekend Events, and Community Meetings.
6. ALCOHOL SERVICE: Alcohol service shall be consistent with the description contained in the
letter from Teri Hope dated June 1, 2006, attached and incorporated herein as Exhibit B. The
service of wine by the glass for the restaurant is permitted only with meals. A meal is defined
as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner).
Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not
meals.
7. WINE TASTING: Wine tasting is permitted at the wine bar located at the front of Store A as
shown on Exhibit L of the report to Planning Commission. No seats are permitted at the wine
bar. The maximum sample size for the wine tasting shall not exceed one ounce. Packaged
snacks may be served as part of the wine tasting.
8. SECURABLE BARRIER. The applicant must install a securable barrier between Store `A' and
Store B as show on Exhibit L to the satisfaction of the Community Development Director. The
.barrier must be secured during all special events that do not permit the service of alcohol.
9. LIVE ENTERTAINMENT: No live entertainment shall be provided during the service of
alcohol.
Conditions of Approval
91, 101 and 109 W. Main Street
Conditional Use Permit U-06-12
Page 2
10. SPECIAL EVENTS.
Condition
Special Event
Event 'T'ype
A maximum of 12 events per year.
Events for individuals under
Amplified music and open microphone.
21
Alcohol not permitted during hours of
scheduled youth group events. Adult
10a.
supervision provided for each under
21 event. Amplified music shall not go past
9:30 PM Sunday through Thursday.
Amplified music shall not go past 10 PM
Friday and Saturdays. Under 21 events shall
not go past 11PM.
A maximum of 10 events per year. One
Poetry/Music Weekend
event per month scheduled on a weekend
10b.
Evening Events
evening. Poetry and amplified music.
Alcohol service not permitted during hours
of weekend events. Music shall end at 9:30
PM.
Weekly community meetings (including the
Los Gatos Art Association Board, co-op
loc.
Community Meetings
nude figure drawing group, and wine
appreciation lecture group) held within non-
business hours. Music, alcohol, and food
service not permitted. Events will not go
past 10 PM.
Two Los Gatos Roasting Company events
10d.
Los Gatos Roasting Company
per year, by invitation only. Amplified
Annual Events
music and alcohol permitted. Music shall
end at 9:30 PM.
11. WINDOW CURTAINS. Opaque window curtains must be placed in all storefront windows
during nude figure drawing classes.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING:
12. TRAFFIC IMPACT MITIGATION FEE. A traffic mitigation fee shall be paid for an
Conditions of Approval
91, 101 and 109 W. Main Street
Conditional Use Permit U-06-12
Page 3
additional 126 ADT prior to the issuance of a Certificate of Use and Occupancy. $13,008.96
shall be paid within 30-days of Town Council approval of the CUP.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13. UNIFORMED SECURITY: Uniformed privately provided security guards may be required
in or around the premises by the Chief of Police_ if alcohol related problems recur that are
not resolved by the licensed owner.
14. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on-going
employee training on alcoholic beverage service to the general public.
15. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
16. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
17. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
N:WTY\LG Coffee Roasting Company\L.G Roasting Co. Conditions of Approval.wpd
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