03 Staff Report - Conditional Use Permit Cafe Marcella~OwN OF TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
os Meeting Date: March 12, 2008
s sat
PREPARED BY: Marni F. Moseley, Assistant Planner
APPLICATION NO: U-08-003
LOCATION: 364-368 Village Lane
APPLICANT: Global Grape L. P.
PROPERTY OWNER: Joan Franck, Franck Family Trust
CONTACT PERSON: Don Durante
APPLICATION
ITEM NO.: 3
SUMMARY: Requesting approval to modify an existing Conditional Use Permit to
expand an existing quality restaurant (Cafe Marcella) with full liquor
service into the adjoining space currently occupied by a retail wine
shop on property zoned C-2. APN: 529-04-053
DEEMED COMPLETE: February 19, 2008
FINAL DATE TO TAKE ACTION: August 19, 2008
RECOMMENDATION: Forward recommendation for approval to Town Council, subject to
conditions.
PROJECT DATA:
CEQA:
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards
Parcel Size:
Surrounding Area:
Existing Land Use I General Plan Zoning
3.........
North Commercial i Central Business District C-2
East Commercial Central Business District ' C-2
South Commercial ' Central Business District C-2
West .......1Commercial ....................?....Central .._Business District C-2
Central Business District
C-2, Central Business District
Town Alcohol Policy
Restaurant Policy
12,938
Categorically Exempt pursuant to Section 15301 of the State
Environmental Guidelines as adopted by the Town.
ATTACHMENT 4
Planning Commission Staff Report - Page 2
364-368 Village Lane/ U-08-003
March 12, 2008
FINDINGS: ■ As required by Section 29.20.190 of the Town Code for granting 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.
■ As required by the Town Alcohol Policy.
ACTION: Recommendation to the Town Council
EXHIBITS: 1. Location Map
2. Required Findings (one page).
3. Proposed Conditions of Approval (three pages)
4. Resolution No. 2005-134
5. Planning Commission Approval Letter dated August 12, 1995
6. Letter of Justification (two pages), received on February 19, 2008.
7. Sample menu (four pages), received on February 19, 2008.
8. Town Alcohol Policy
9. Ordinance No. 2021
10. Floor plan (one page) received on February 19, 2008.
BACKGROUND:
The Conditional Use Permit application involves 364 and 368 Village Lane, previously Caf6
Marcella and Marcella's Market. On July 5, 1977, Town Council approved Conditional Use
Permit Application U-77-12 for a restaurant at 368 Village Lane. On May 27, 1981, Planning
Commission approved Conditional Use Permit Application U-81-9 to expand the floor area of
the existing restaurant. The approval also allowed the restaurant to serve beer and wine with
meals. Town Council approved full liquor service on December 19, 2005 (Exhibit 4).
On August 10, 1995, Conditional Use Permit Application U-95-21 (Exhibit 5) was approved by
Planning Commission for a retail beer and wine shop at 364 Village Lane.
PROJECT DESCRIPTION:
The applicant is requesting approval to modify an existing Conditional Use Permit to allow an
existing quality restaurant to expand into an adjoining retail space. The applicant is requesting
to:
- Expand restaurant to include a 571 sq ft space currently known as Marcella Market at 364
Village Lane.
- Increase maximum number of seats from 96 to 105.
- Extend the operating hours to include all hours from 11:30 am to 11 pm Sunday thru
Thursday and 11:30 am to 12 midnight Friday and Saturday.
Planning Commission Staff Report - Page 3
364-368 Village Lane/ U-08-003
March 12, 2008
The Police Department has reviewed this proposal and does not have any comments or issues
with the application.
ANALYSIS:
A. Site Location
The subject site is in the Central Business District (C-2) which encourages pedestrian
oriented uses such as retail, service, and entertainment. Due to a concern about an over-
concentration of restaurants in the Downtown, the Town Council adopted Ordinance No.
2021 (Exhibit 9) in 1996. The intent of the Ordinance is to discourage the displacement of
retail uses by restaurant uses and requires the Planning Commission to conduct a careful
review of all applications for new restaurant uses in the C-2 zone. Cin Cin is replacing
Cafe Marcella and is not considered a new restaurant; however their request does involve
expansion into an adjacent tenant space that was previously occupied by a retail use.
B. Use Change
While the wine shop is a separate space and has its own CUP, the business is owned and
operated by Cafe Marcella. Access to the shop is granted by request only, during the hours
in which the restaurant is open. The subject site is located on Village Lane and is
predominantly surrounded by personal service and office uses, which do not actively draw
pedestrians from N. Santa Cruz Avenue. Staff does not believe the expansion of the
restaurant into the retail wine space will adversely effect the pedestrian orientation of this
particular location in the C-2 zone.
C. Alcohol Policy
The Town's Alcohol Policy requires any change in the service of alcoholic beverages to be
approved by the Town Council. The request is consistent with the general policies in
Section II and the specific policy in Section IV (see Exhibit 8). The restaurant is currently
open until 10:00 PM daily; the applicant is requesting to extend the approved hours of
operation to 11:00 PM Sunday thru Thursday, and 12 PM Friday and Saturday. The
Alcohol Policy requires an additional finding that the applicant has demonstrated a clear
benefit to the community to approve alcohol service beyond 10 pm (Exhibit 8). The
Planning Commission's recommendation will be forwarded to the Town Council for final
action.
Planning Commission Staff Report - Page 4
364-368 Village Lane/ U-08-003
March 12, 2008
D. Traffic
The existing 571 sq ft wine shop generates 25 daily trips according to the Institute for
Traffic Engineers (ITE). By adding the additional 9 seats the average daily trips will
continue to be 25 as such there will be no additional traffic impact.
E. Parkiny
The subject site is located in the downtown parking assessment district and has 31 parking
credits. There are also 14 parking spaces onsite. The existing uses require 37 spaces,
leaving a surplus of 8 spaces. The proposed modifications would not increase the required
parking. The following table illustrates compliance with the Town Code requirements for
parking:
BUSINESS
SQUARE FEET/SEATS/
PARKING
PARKING
STUDENTS/
STANDARD
SPACES
Cafe Marcella/Cin Cin
Existing
96 Seats
1/4 seats
24
Proposed
105 Seats
1/4 seats
26
Dog grooming
494 sq ft
tailoring
357 sq ft
Salon
912 sq ft
Framing
609 sq ft
(personal service/retail)
Total: 2372 s ft
1/300 s ft
8.0
Design services
445 sq ft
Architecture
200 sq ft
(Office)
Total: 645 sq ft
1/250 sq ft
3.0
Total Parking Required
-
37.0
Total Parking Provided
45
14 on site
31 in district
F. CEQA Determination
It has been determined that this project is Categorically Exempt pursuant to Section 15301
of the State Environmental Guidelines as adopted by the Town.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed modifications of the existing CUP comply with the regulations set forth for
the C-2 zone as follows:
Planning Commission Staff Report - Page 5
364-368 Village Lane/ U-08-003
March 12, 2008
1. The modifications will not significantly affect parking or traffic,
2. The change in use will not have a negative effect on the Downtown,
3. The proposed hours of operation should be reduced to 10 pin in order to comply with
the Town's Alcohol Policy.
B. Recommendation
Staff recommends that the Plarming Commission recommend approval of the Conditional
Use Permit to the Town Council with the reduction in the operating hours to 10 pm:
1. Find that the project is categorically exempt pursuant to Section 15301 of the State
Environmental Guidelines;
2. Make the findings as required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit, subject to conditions (Exhibit 2); and
3. Determine that the proposed modifications are in compliance with the Town's
Alcohol Policy (Exhibit 8).
C. Alternatives
1. Recommend denial of the Conditional Use Permit.
2. Recommend approval of the CUP with modification to any of the following areas:
A. Expansion into the adjacent space;
B. Expansion of the number of seats;
C. If the Commission makes the finding that the applicant is demonstrating a clear
benefit to the community, expansion of the operating hours may be granted as
proposed or modified as the Commission deems necessary.
1
Prepared by:
Marni F. Moseley CF~
Assistant Planner
C. f
Approved by: ~
Bud N. Lortz, AICP
Director of Community Development
BNL:MM
cc: Global Grape L.P. 364 Village Lane, Los Gatos CA 95032
Joan Franck (Franck Family Trust) 9 Glenridge Avenue, Los Gatos CA 95030
NADEV\REPORTS\2008\Village 364-368.doc
364-368 Village Lane
EXHIBIT I
REQUIRED FINDINGS FOR
364-368 Village Lane
Conditional Use Permit U-08-003
Requesting approval to modify an existing Conditional Use Permit to expand an existing
quality restaurant (Cafe Marcella) with full liquor into the adjoining space currently occupied
by a retail wine shop on property zoned C-2. APN: 529-04-053
PROPERTY OWNER: The Franck Family Trust
APPLICANT: Global Grape L. P.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
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; and
(2) The proposed uses will not impair the integrity and character of the zone; and
(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 work proposed is consistent with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (Section IV.B).
■ As required by Section 15301 of the State Environmental Guidelines as adopted by the Town
that this project is Categorically Exempt.
N:\DEV\FINDINGS\3 64-368 Village.,Npd
EXHIBIT 2
364-368 Village Lane / U-08-003
March 12, 2008
RECOMMENDED CONDITIONS OF APPROVAL FOR:
364-368 Village Lane
Conditional Use Permit U-08-003
Requesting approval to modify an existing Conditional Use Permit to expand an
existing quality restaurant (Cafe Marcella) with full liquor into the adjoining space
currently occupied by a retail wine shop on property zoned C-2. APN: 529-04-053
PROPERTY OWNER: The Franck Family Trust
APPLICANT: Global Grape L. P.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(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 11 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. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not
exceed 105.
4. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be
11:30 a.m. to 10:00 p.m. daily.
5. ALCOHOL SERVICE: The service of beer, wine, and liquor 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.
6. EXISTING BAR: The service of beer, wine, and liquor at the existing bar 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. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the
applicant receives future approval of live entertainment.
8. TAKE OUT SERVICE: There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9. 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.
10. 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.
EXHIBIT 3
364-368 Village Lane / U-08-003
March 12, 2008
10. 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.
11. 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.
12. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote
a designated driver program such as complimentary non-alcoholic beverages for
designated drivers.
13. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers
shall be posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
14. 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.
15. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
16. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting any work
pertaining to on-site drainage facilities, grading or paving, and all work in the Town's
right-of-way. Failure to do so will result in rejection of work that went on without
inspection.
17. 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.
18. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays
and 4:00 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
364-368 Village Lane / U-08-003
March 12, 2008
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.
N ADEV\CONDITNS\2008\364-368W Iage.doc
RESOLUTION 2005 - 134
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A MODIFICATION TO A CONDITIONAL USE PERMIT APPLICATION TO
EXPAND FROM BEER AND WINE TO A FULL LIQUOR SERVICE (CAFE MARCELLA)
ON PROPERTY ZONED C-2.
CONDITIONAL USE PERMIT U-06-003.
APN 529-04-053.
PROPERTY LOCATION: 368 VILLAGE LANE.
PROPERTY OWNER: THE WALTER B. FRANCK SUPPORT TRUST.
APPLICANT; CAFE MARCELLA, INCORPORATED
WHEREAS:
A. This matter came before Council for public hearing on December 5, 2005, and was
regularly noticed in accordance with state law.
B. 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, including the record of the Planning Commission proceedings and packet of
material contained in the Council Agenda Report dated November 22, 2005, along with subsequent
reports and materials prepared concerning this application.
C. Applicant is requesting approval to modify a conditional use permit to expand from
beer and wine to full liquor service.
D. The Planning Commission considered this matter on October 26, 2005 and
recommended that the application be approved by Council.
E. The Planning Commission decision was correct and Council hereby incorporates
herein the recommended findings of the Commission and makes the additional finding that the
request for full liquor service complies with the Town's Alcohol Policy and that the approval of this
request will not create any additional impacts because the existing restaurant will continue to operate
Page 1 of 2
EXHTBTT 4
in the same manner it has for the last fourteen years
RESOLVED:
1. The request to modify Conditional Use Permit U-06-3 is approved with the conditions
attached hereto as Exhibit 1 and incorporated herein.
2. The decisions constitutes a final administrative decision pursuant to 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 Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on the 19th day of December, 2005, 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: /s/ Diane McNutt
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marlyn J. Rasmussen
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 2 of 2
CONDITIONS OF APPROVAL FOR:
368 Villaue Lane
Conditional Use Permit U-06-003
Requesting approval to modify an existing Conditional Use Permit Application to expand from
beer and wine to full liquor service (Cafe Marcella) on property zoned C-2. APN 529-04-053.
PROPERTY OWNER: The Walter B. Franck Support Trust
APPLICANT: Caf6 Marcella, Inc
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(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 F 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. NUMBER OF SEATS: The maximum number of seats for the restaurant shall not exceed'96.
4. HOURS OF OPERATION: Maximum hours of operation for the restaurant shall be 11:30 a.m.
to 2:30 p.m. and 5:30 p.m. to 10:00 p.m. seven days a week.
5. ALCOHOL SERVICE: The service of beer, wine, and liquor 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.
6. EXISTING BAR: The service of beer, wine, and liquor at the existing bar 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. LIVE ENTERTAINMENT: No live entertainment shall be provided unless the applicant receives
future approval of live entertainment.
8. TAKE OUT SERVICE: There shall be no dedicated walk up counter.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9. 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.
10. 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.
11. 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.
12. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
EXHIBIT 1
368 Village Lane/ U-06-003
October 26, 2005
13. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
14. INDEMNITY AGREEMENT. An indemnity agreement releasing the Town from any liability
associated with the trash enclosure, and stating that the right to maintain a trash enclosure oil
Town property may be revoked at any time shall be signed prior to construction.
15. 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 pefforming the required maintenance at the developer's
expense.
16. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security.
17. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-
site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to
do so will result in rejection of work that went on without inspection.
18. 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.
,hall 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.
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.
N:\DEV\CONDITNS\2005\368Village.wpd
October 12, 1995
Cafe Marcella, Inc.
368 Village Lane
Los Gatos, CA 95030
TOWN OF LOS GATOS
PLANNING DEPARTMENT
(408) 354-6872
RE: 364 Village Lane
a. Conditional Use Permit Application U-95-21
b. Architecture and Site Application S-95-61
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATOS, CA 95031
Requesting permission to operate a wine and condiment shop and to make minor exterior
modifications to a commercial building in the C-2 zone.
APPLICANT: Cafe Marcella, Inc.
The Town of Los Gatos Planning Commission, at its meeting of September 27, 1995, approved the above
application, subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. All new mechanical equipment shall be screened.
2. Sales shall be limited to off site beer and wine only. No other liquor sales shall be permitted.
3. No wine bar or on-site service shall be provided.
4. There shall be no direct access between the adjacent restaurant and the retail use.
Pursuant to Section 29..20.320 of the Town Code, this approval will expire two years from the date of this
approval (September 27, 1997) unless the approval is used before expiration. Section 29.20.335 defines
what constitutes the use of an approval granted under the Zoning Ordinance.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the
Town Council within 10 days of the date the approval is granted. Therefore, this action for approval
should not be considered final, and no permits by the Town will be issued until the appeal period has
passed.
Reasonable extensions of the time not exceeding one year may be granted upon application to and
approval by the Planning Commission. Extensions can be granted only if approved by the Commission
prior to the expiration of the approval. Therefore, it is recommended that applications for time extension
be filed with the Planning Department at least sixty days prior to the expiration of the approval.
Enclosed you will find important information to assist you in completing your project. If you have any
questions, please contact Sandy Bally of this department at (408) 354-6873.
EXHIBIT 5
TmrnR RnR ATrn A I r('7 1c-r I n 7 RR7
!z
Cafe Marcella, Inc. - Page 2
364 Village Lane/ U-95-21 & S-95-61
October 12, 1995
Very truly yours,
Lee E. Bowman
Planning Director
Ross
Z21 R.
Senior Planner
LEB: DRR:sm
Enclosure
cc: Walter and Joan Franck, Trust
California Alcoholic Beverage Control Board
Santa Clara County Assessor, County Government Center, 70 West Hedding Street, San Jose
95110
SM11 \LE TERS\9-27-95.#7
Justification letter for change in CUP for Cin-Cin restaurant and
winebar 368 Village Lane, Los Gatos, Calif. 95030
Intent: To expand additional restaurant seating into retail space known as Marcella's
Market adjacent to Cafe Marcella and to extend full liquor license type #47 into the same
retail space.
History of operator: Don Durante has been in the restaurant business in the South Bay
since 1977 with his first operation at Le Mouton Noir in downtown Saratoga, and then
became a partner with Birk McCandless with the opening of Birk's in Santa Clara which
has become a south bay icon for dinning since it's inception in 1989. No longer involved
with Birk's, I have been the owner and operator of my downtown Mt. View restaurant
known as CASCAL, a Spanish themed tapa bar. I have just purchased Caf6 Marcella in
Los Gatos along with my partner Lisa Rhorer to open a new concept called Cin-Cin,
restaurant and winebar at the former Marcella site.
Concept for the new operation will be to introduce our clientele to the wonderful
experience of showcasing wines from around the world that are grown and produced
using organic, biodynamic, and sustainable farming practices to produce world class
wines and to accompany them with those same philosophies in our menu. Our food will
also be driven by using local suppliers for produce, seafood, and meats produced in the
same organic, sustainable, and biodynamic practices from as many sources as possibly
can be purchased. We will also be a "green environment" setting with our remodeling
focusing on natural products such as new bamboo flooring, bamboo wallpaper, cork, and
recycled glass, and reclaimed woods in the interior space of both the cafe and existing
retail store. My partner and I both feel that those trends in the hospitality business are at
the forefront of today's modern lifestyle and justifiable in tune with a great majority of
Los Gatos residents.
CUP Change: We are asking for additional seating to expand our operation into the
Marcella Market space and to add the existing full liquor license into the same space to
create a larger seating area for the restaurant. My partner and I do not want to be in the
retail off premise sale of wine, but further expand the space for additional restaurant
revenue. At present the Marcella Market does about $12,000.00 annual volume in sales
and we honestly believe that same space 571 sq ft can produce at least $250,000.00 in
food and beverage revenue for our new concept. We are looking to place 28 seats in the
market space, and increase the total number of restaurant seats to 105. Part of the
operation for the additional space will be to expand seating and part will be the use of the
space to showcase winemaker dinners and wine classes by being able to close off the
space for private parties and wine classes.
Parking: It is my understanding that at present, there are an additional 8 spaces for
justifying the expansion of the restaurant into the retail space for municipal parking. The
city formula for I parking space for each additional 4 people brings us in under the
requirement for this expansion.
EXHIBIT 6
Hours of operation: We are asking for the hours of operation to be expanded to be able
to serve our guests with an "all day menu" that will allow us to serve throughout the day
with no shut down between the hours of 2:30 and 5:00 that now exist. We also want to
expand the closing hours from 10:00 to 11:00 Sunday thru Thursday, and until 12:00
midnight Friday and Saturday to provide our clientele with the opportunity to be able to
get a late night snack and a glass of wine after most or all of the remaining restaurants in
town have closed. We look at this as additional revenue and increasing the sales tax
revenue for the Town of Los Gatos.
Town geography: Village Lane as it now exists is almost all service oriented, with very
little retail at all. Most of the establishments within the parcel of property that encompass
the restaurant are service oriented with beauty salons, tailoring, dog grooming, and
architect office. The remaing shops and stores, with the exception of Manresa restaurant,
do not draw a walking crowd for "window shopping" as does Santa Cruz Avenue or
University Avenue.
In summary: we are asking for the planning commission and the town council to accept
our proposal for the CUP and look ahead for what will be a great addition to the local
dining scene in downtown Los Gatos. The state board of Alcoholic Beverage Control has
told us that they will grant the extension of the type 47 license into the retail space on
acceptance of the city to grant our wish to modify the CUP. We are asking you to realize
our vision and dream to make this happen.
Respectfully,
Don Durante and Lisa Rhorer
From: Lisa Rhorer<Irhorer@gmail.com> RECEIVED
To: Roxanne Staebler <roxannestaebler@msn.com>
Cc: Don Durante <don@cascalrestaurant.com> FEB 1 9 2008
Subject: talking points on Cin-Cin Winebar
Date: Mon, 18 Feb 2008 15:30:24 -0800 TOWN OF LOS GATOS
pA1.l.I,i?..1V,~.1QN
Hi Roxanne,
Thanks for the feedback on our concept needing clarification to the wait staff. Please feel free to forward the below
on to them. We want to ensure the are communicating accurately about Cin-Cin.
Thanks.
About Cin-Cin Concept and Design:
An eco-friendly winebar and lounge with small plate dining and a premier wines by the glass program including 40+
wines by the glass and 10 wine flights as well as a reserve wine list. Wines will feature "best of the best" in organic,
sustainable and biodynamic wines from around the globe. Cin-Cin will also serve a sophisticated beer list including
Belgium-style beers and organic beers. Food will be focused on sustainable products as best can be achieved with
attention to source, harvesting, and biodynamic growing practices. A large and varied selection of Artisan cheese,
salumi, and cold antipasto items will also be available.
Interior Design:
Interior will focus on a "green" concept where many of the materials will be sourced from either reclaimed wood,
glass, and re-forested woods such as new bamboo flooring and wallpaper. Cin-Cin is about bringing family and
friends together to savor wine and food that is delicious and good for the environment.
About the owners:
Don Durante, Co-proprietor, Business and Food management of Cin-Cin Winebar is no stranger to the South Bay
restaurant scene. Don's 20+ years in the restaurant industry has taught him a thing or two about what makes a
restaurant a customer success. Don was owner and executive chef at the award-winning Le Mouton Noir in
Saratoga, CA and executive chef at the Silicon Valley icon Birk's Grill in Santa Clara. His most recent success is
Cascal Restaurant in Mountain View, CA where the Tapa-style menu offers bold flavors and exotic cocktails. Don is
attentive to the needs of a well-oiled restaurant. His previous successes at Birk's, Le Mouton Noir and Cascal
taught him the importance of impeccable service. Don looks forward to another great success with Cin-Cin
Winebar.
Lisa Rhorer, Co-proprietor, General Manager and Wine Director of Cin-Cin Winebar is a former high tech marketing
and public relations senior manager for such silicon valley giants as Google, Oracle and Creative Labs. She left
Google to pursue her passion for wine. Lisa graduated from the prestigious Wine Studies Program at the Culinary
Institute of America in St. Helena, CA studying under such wine industry luminaries as Karen McNeil (author of the
Wine Bible), Christine DuFault (former Sommelier at Gary Danko) and Robert Bath (Master Sommelier). She is
currently a member of the Court of Master Sommeliers Program. Lisa received special recognition for her wine
selection, customer service and wine education classes as Wine Buyer for Whole Foods, Los Altos. Previously,
Lisa was the Bay Area sales manager for Spanish wine distributor, Vinos and Gourmet. She worked at two popular
Bay Area wine bars: Vintage Wine Merchants in San Jose and Vin, Vino, Wine in Palo Alto. Lisa has traveled to
Austria, Italy, France and Spain continuing her wine studies with top wine producers. She also attended the
Toscana Saporita Cooking School in Italy. She is the current visiting General Manager at Cascal Restaurant in
Mountain View.
About Our Chef:
Chris Schloss, Executive Chef is a Los Gatos, CA native. He has cooked in restaurants around the world and is
coming back home to Los Gatos to share his delicious global-inspired food. His cooking philosophy is simple 1) use
purveyors who love their product 2) cook honestly and passionately 3) let the ingredients shine, That philosophy
has brought him success at the Mandarine Oriental Hotel in Geneva, Switzerland; at Michelle Bernstein's critically-
acclaimed restaurant Azul in Miami; Asiate and Telepan in Manhattan and Stone Park Cafe in Brooklyn. Trained at
Johnson and Wales University, Chris is a distinguished visiting chef and member of the James Beard Foundation.
Sample Menu Items
Spring Menu
Plate of Artisan Cheeses #or artisan cheese board, apples, candied pecans, dried fruit, quince jam and daily bread
Cheeses
Fiscalini Farms 30 month Bandaged Cheddar (California) A world-class raw-milk cheddar - rich, buttery and sharp,
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Antigo Stravecchio (Wisconsin) Parmesan-style cheese with sweet and savory flavors.
Rouge Et Noir Schlosskranz (California) A rich Jersey Cow's milk with a hint of caramel and toasted almonds .
Uplands Pleasant Ridge Reserve 'Beaufort Style' (Wisconsin) A variety reminiscent of Gruyere, this raw-milk
cheese is a much-awarded, one-of-a-kind cheese with flavors that hint of grasses and herbs.
Nancy's Camembert Old Chatham Sheepherding Company (New York) Award-winning sheep's milk cheese with
nutty and earthy flavors
Queso de Valdeon 'King of Blues' (Spain) A Spanish blue cheese with a sharp, strong, salty flavor. Made from
cow's milk,
Fromage d'Affinois (France) Brie-like cow's milk cheese with a sweet, mild flavor oozing with creaminess.
Robiola di Roccaverano (Italy) A soft cheese made from a combination of cow, goat and sheep's milk -the aroma
and taste are delicate, savory with a slight sour cream finish.
Polder Schapenkaas Gouda (Holland) A sheep's milk Gouda with roasted nut and caramel aromas with tastes of,
salted almonds and salted caramels.
Charcuterie of La Quercia proscuitto, mortadella, Coppa Salami, House-made duck pate and served with House-
made Chow-Chow, roasted garlic and baby fennel confit
Starters:
'Spring' Flatbread aged cheddar fondue, grilled onions, dried apricots, candied hazelnuts, and arugula
'Spring' Bruchette minted fava bean puree, bacon lardoons, shaved antigo stravecchio and extra virgin olive oil
Fried Green Almonds smoked sea salt and togarashi pepper
Salads:
Market Field Greens dried cherry tomatoes, shaved watermelon radish, rustic croutons and white balsamic- maple
vinaigrette
'Bacon and eggs' Frisee Bacon lardons, hen of the woods mushrooms, fried Yukon Gold potatoes, and a crispy
Poached Egg
Roasted Beet Stack artisinal cheese terrine, frisee and pomegranate vinaigrette / or the "canned tuna" nicoise
Shaved Apple and Baby Fennel Wraps cilantro soba noodles, chipoltle aioli, fried shitake mushrooms and bibb
lettuce
Small Plates
Spring Onion Bisque Yukon Gold potato beignets, arugula pesto, shaved antigo Stravecchio and extra virgin Olive
oil
Wild Mushroom Empanadas queso de valdeon and truffle oil
Mango Tuna Crudo mango nuac mom sauce, sesame roasted nori, tempura crisps and fried baby bok coy
Mashed Potato and Chevre Casuelo drawn butter, crispy rock shrimp and chives
Smoked Alaskan Black Cod roasted fingerling potatoes, Baby fennel confit and fennel frond 'sauce vierge'
Cin Cin Deluxe Diner Sliders premium organic house ground beef, parker house rolls, grilled sweet onions, House-
made chowchow, ballpark sauces, choice of cheeses and Fries
Albondigas Black Cumin spiced lamb meatballs, harissa and cucumber yogurt
'Shrimp and Grits' Mayan prawns, Anson Mills Organic grits, Tasso ham, rainbow Swiss chard and Vella Dry Jack
Braised Short Ribs warm OJ marinated beets, grilled cabbage, horseradish whipped cream and dill vinaigrette
Korean Heritage Pork Bo Kum stir fried pork belly, Kimchi vegetables, San Jose Co. Tofu with glass noodles
Large Plates
Pan seared Wild Coho Salmon fava bean and corn succotash, wild ramps, crispy shallots and Ice wine butter
Grilled Flat Iron Steak braised short rib Grit cake, black radish creme fraiche and cabernet Jus
Griddled Diver Sea Scallops 'sausage and rabe', manila clams, bucattini and saffron butter
Crispy Stuffed Baby Organic Half Chicken with preserved lemon and arugula, wild mushroom sauce and Herb
yogurt scented Israeli cons cons
Sumac Braised Lamb shoulder minted Fava bean puree, roasted fingerling Potatoes, harissa and fried baby bok
choy
Dessert list is under development.
Thanks,
Lisa
Lisa Rhorer
ProprietorWne Director, Cin-Cin Winebar
www.cincinwinebar.com
t,++,,~•//roR;~+o,- ~„~h(,ot nnm/tinmA/ar~r~e/mail(mhnv maeca~rP rrri?r~Fnl~lar=TnhnuRr» X11 A/7n(1R
Cin-Cin Wines By The Glass
"x" - indicates wines already being sold successfully at Cof6 Marcella.
Joy in a Bubble
Billicart Salmon Brut
xbomaine Allimant-Laugner Cremant d' Alsace, Brut Rose NV (sustainable)
Berlene Blanquette de Limoux 2004 (organic)
Pretty in Pink
Rose, Chateau de la Canorgue, Cotes du Luberon, 2006 (biodynamic)
Rose, Fleming Jenkins, Victories Rose, 2005 (profits donated to breast cancer research)
White on White
Light-bodied, Soft Fruit
Pinot Gris, O'Rei lly's 2006
Pinot Blanc, Girsole (Organic)
Gruner Veltliner, Hofer, Kirchlissen, (biodynamic)
Light-medium-bodied, Aromatic and Complex
x5auvignon Blanc, Quivera (biodynamic)
x5auvignon Goisot, Saint Bris, 2006 (organic)
Riesling, Hirsch, Heiligenstein (biodynamic)
Medium-bodied, Aromatic and Flirty
Viognier, Nord Sud, France
xChardonnay/Macabec blend, Floresta, D.O. Emorda, 2006 (sustainable)
Riesling "Quarzit", Hexamer Meddersheimer Rheingrafenberg
Gisselbrecht, Gewurztraminer, 2004
Medium-bodied, Subtle Fruit, Crisp
Verdejo, Montebaco 2006 (biodynamic)
Soave Clossico, Gini , 2006
xChardonnay, Domaine du Chateau de Puligny-Montrachet, Bougogne Blanc, Clos du Chateau
(organic, biodynamic)
Full-bodied, Moderately Rich
xRousanne/Marsanne, Chateau La Canorgue, Rhone, France, 2006 (Biodynamic)
xChardonnay, Bonterra (organic)
xArgiolas, Vermentinc
Red is Passion
Light-medium bodied, with full character
Beaujolais Nouveau Domaine Dupeuble
Grenache/Syrah/Mouvedre/Counoise blend, Le Bec Rouge , Beckmen Vineyards 2005
(biodynamic)
Corte Gardoni, Bardolino
Medium-full bodied with balanced fruit
x Pinot Noir, Jezebel, Willamette Valley
xRamsay Pinot Noir, North Coast, 2006
xAmity, Pinot Nair, Willamette Valley, ECO•WINEO Oregon, 2006 (organic)
Garnacho/Tempranillo blend, Siete7, 2005, Navarra, Spain (organic)
Valpolicella Clossico, Monte dall' Ora (organic)
xMerlot, Hall, Napa Valley, 2003
Bordeaux Superieur , Polisance Rouge, 2005
xCabernet/Carmenere Blend, Nuevomundo (organic)
Cabernet Sauvignon, Castillo de Monesma, Spain
xCabernet Sauvignon, "1975 Beckstoffer Vineyards Amber Knolls 2004
Syrah, Beckmen Vineyards 2005 (biodynamic)
Full-bodied moderately rich fruit
xMerlot, Badger Mountain (organic)
Shiraz, Battle of Bosworth, McLaren Vale 2005 (Organic)
xCabernet Sauvignon, Frey 2005 (organic)
xCabernet Souvignon, Owen Roe Sharecropper's 2006
Negroamoro, La Corte, IGT Puglia, 2005
Syrah, Stroth-Hall, Sapphire Hill, Gilroy
xZinfandel, Scbon Estates (organic)
xJoel Gott Zinfandel (organic)
Stickies
Moscato d' Asti, Tintero
Noble Blend (Semillon, Riesling, Sauvignon Blanc and Chardonnay), Lillypilly Estate, 2006
Tokjai Aszu, Royal Tokjai Company, 5 Puttonyos,
Banyuls (Kermit Lynch or Charles Neal)
Sherry, Oloroso
Port, Grahm's Six Grapes
Tawny Port, 20 yr
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
Town residents. 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, past 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 subject to the following requirements:
II. General policy
1. 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 pen-nit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
EXHIBIT 8
Tow12 of Los Gal.os
Alcoholic Bevercge Policy
Page 2 of 4
Any establislunent serving alcoholic beverages shall be subject to the following:
A. 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.
B. 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.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association.
D. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for
designated drivers.
E. Taxicab telephone numbers shall be posted in a visible location.
6. The deciding body shall make the following findings prior to approving an
application for conditional use permit to serve alcoholic beverages past l OPM:
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.
7. A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. Specific Policy
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.
IV. 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 fhe business shall be solicited.
If the Director of Community 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.
Town of Los G<a.to.r
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.3 10 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it fords that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.20.318(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.318(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment that are a direct
result of patrons actions;
H. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town
retains the right of review and approval (or denial) of each project based on its merits.
N:\DEV\SUZANNE\Comicil\Policics\2001 alcohol policy.wpd
ORDINANCE 2021
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF
ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The C-2 (Central Business District Commercial) zone of the Town of Los Gatos contains a
mix of retail, restaurant, and associated uses that sustains the economic vitality and historic
atmosphere of the area, and is an essential part of the community. However, too many restaurants
concentrated in this one area would displace retail uses that are vital to continued success and to
having businesses that attract Town residents throughout the day. This ordinance is intended to
discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to
conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public
hearing process.
SECTION II
Section 29.10.020 is amended to read as follows:
Bar means a drinking place where alcoholic beverages and snacks are served; possibly with
entertainment such as music, television screens, video games or pool tables.
Restaurant, fast food means a restaurant with a large carry-out clientele, long hours of service,
some open for breakfast but all open for lunch and dinner, and high turnover rates for eat-in
customers.
Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less
than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally
serve breakfast, lunch and dinner, and are sometimes open 24 hours a day.
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at
EXHIBIT 9
least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve
dinner.
SECTION III
Subsection (16) of Section 29.20.745 is amended to read as follows:
(16) Determine and issue zoning approval for minor restaurants that are located outside
Downtown [the C-2 zone].
SECTION IV
Subsection (8) of Section 29.20.750 is amended to read as follows:
(8) Determines conditional use permit applications that are not assigned to the
Development Review Committee.
SECTION V
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16,
1996. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED
MAYOR THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
/ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT 10