09 Staff Report - 414-416 N. Santa Cruz Ave~i W N OF
!as ~A~oS COUNCIL AGENDA REPORT
DATE: October 9, 2009
MEETING DATE: 10/19/09
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONSIDER A REQUEST OF APPROVAL TO OPERATE A RETAIL WINE
ESTABLISHMENT WITH FOOD, BEER, AND WINE SERVICE ON
PROPERTY ZONED C-1. APN 529-07-047. PROPERTY LOCATION: 414-
416 N. SANTA CRUZ AVENUE. PROPERTY OWNER: JIM ZANARDI.
APPLICANT: MICHAEL GUERRA / JOSEPH CANNISTRACI. FILE # U-09-
007.
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Make the following motions:
Accept the Planning Commission's recommendation and approve the Conditional Use Permit
Application. If the Council decides to approve the proposed project, the following actions
are recommended:
• Make the required findings for approving the Conditional Use Permit (Attachment 1) and
approve the application subject to the conditions included in Attachment 2 (motion
required).
Alternatively, the Council may take one of the following actions:
■ Continue the matter to a date certain with specific direction (motion required); or
Approve the application with additional and/or modified conditions of approval (motion
required); or
■ Deny the Conditional Use Permit Application (motion required).
e~~ti
PREPARED BY: ~ cndie R. Rooney, Director of Community Development
Reviewed by: _Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
3+ 1:1DF-V%CNCLRPTS120091NSC4 ] 4-416.doe
Reformatted: 5130102
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 414-416 N. SANTA CRUZ AVENUE
October 7, 2009
4. Refer to the Town Attorney for the preparation of the appropriate resolution if approved or
denied (no motion required).
BACKGROUND:
The proposed project will occupy two tenant lease spaces, 414 and 416 N. Santa Cruz Avenue, in
the Los Gatos Shopping Center (Exhibit 1 of Attaclunent 3). The subject spaces have been
vacant for several years due to a substantial remodel at the shopping center. The spaces were
previously occupied by a restaurant and a nail salon. The conditional use permit for the
restaurant use expired due to inactivity for more than one year.
DISCUSSION:
A. Project Summary
The applicant is requesting approval of the following:
• Operation of a retail wine establislunent with food, beer, and wine service.
Please see Attachment 3 (the September 9, 2009 Planning Commission staff report) for
additional information regarding the proposed project.
B. Planning Commission
On September 9, 2009, the Planning Commission considered the application (see Attachment
5). The Commission recornrnended approval (vote: 6-0, with Commissioner Miceiche
absent) of the application with the following changes to condition number three (added
wording is underlined, deleted wording is struck out):
APPROVED USE. The subject approval is for a retail wine establishment with food,
beer, and wine iwiad non a e-oholie be-,,erage service as generally described in the
applicant's letter of justification (Exhibit 5 of U-09-007 Staff Report), Follwing
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The Commission recommended approval of the application based on the applicant's
documentation and written and verbal support. The Town has received nine written public
comments and one verbal testimony in support of the project; the Town has not received any
public comment or testimony against the proposal. The Commission recommended the
modification to condition number three (3) because the service of beer does not seem to
PAGE3
MAYOR AND TOWN COUNCIL
SUBJECT: 414-416 N. SANTA CRUZ AVENUE
October 7, 2009
present any problems. Additionally, the applicant's existing business in a neighboring
community has not had any complaints in its six years of operation.
The Planning Commission suggested that Town Council should consider amending the
Alcoholic Beverage Policy (ABP) at some future date to include a "wine bar" category. The
existing ABP defines a restaurant and a bar. There are businesses that lie outside these
definitions, such as the subject application, and a new category could remove ambiguity for
similar proposals in the future. A revision could provide clear requirements and review
procedures for wine bars or other chosen category. If Council determines there is merit in
amending the ABP, staff should be directed to initiate the amendment.
CONCLUSION:
The Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage
service when the proposal will not negatively impact residential neighbors, alcohol related
incidents will not occur, and when the application will provide a positive impact to the
commercial area. The Planning Commission and staff believe this application fits such a case
and recommend approval of the application.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt according to Section 15301 Class I of CEQA as adopted by
the Town, which exempts pennitting an existing facility with no expansion.
FISCAL IMPACT:
None.
A tta chrn en tS'
1. Required Findings.
2. Recommended Conditions of Approval.
3. Report to the Planning Commission for the meeting of September 9, 2009.
4. Desk Item for the Planning Commission meeting of September 9, 2009.
5. Excerpt of the Verbatim Plamung Commmission meeting minutes for September 9, 2009.
Distribution:
cc: Michael E. Guerra and Joseph J. Cannistraci, 333 Santana Unit 4307, San Jose, CA 95128
Jim Zanardi, P.O. Box 23027, San Jose, CA 95153
WR:JS:cgt
N:IDEV%CNCLRPTS120091NSC414-41 G.doe
REQUIRED FINDINGS FOR:
414-416 N. Santa Cruz Avenue
Conditional Use Permit U-09-007
Requesting approval to operate a retail wine establishment with food, beer, and wine
service on property zoned C-1. APN 529-07-047.
PROPERTY OWNER: Jim Zanardi
APPLICANT: Michael Guerra/Joseph Cannistraci
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town.
Required findings for a Conditional Use Permit:
■ 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 pernit 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 in that the use will provide retail and basic food and beverage service to the
community as well as bring visitors, shoppers, and residents to a less frequented area of
North Santa Cruz Avenue. Yn addition, the economic viability of the Town's
neighborhood commercial centers can be contingent upon the number of vacancies.
Currently the subject site has nine vacancies. The addition of this use will therefore
increase the center's vitality; and
(2) The proposed uses will not impair the integrity and character of the zone in that the use
will not impair the integrity of the zone since the use will be in a commercial zone; and
(3) The proposed uses would not be detrimental to public health, safety or general welfare in
that the use will not be detrimental to public health safety or general welfare because the
use will not conduct business during late night hours and will be subject to provisions of
the Alcoholic Beverage Policy; 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 in that the proposed use meets
the objectives of the General Plan and Town Code as discussed within the staff report.
Attachment 1
414416 N. Santa Cruz Avenue/U-09-007
October 19, 2009
Page 2 of 2
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section 1V.B).
N:\DEV1FINDfNGS120091NSC414 416.doc
RECOMMENDED CONDITIONS OF APPROVAL - October 19, 2009
414-416 N. Santa Cruz Avenue
Conditional Use Permit U-09-007
Requesting approval to operate a retail wine establishment with food, beer, and
wine service on property zoned C-1. APN 529-07-047.
PROPERTY OWNER: Jim Zanardi
APPLICANT: Michael Guerra/Joseph Cannistraci
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the
development plans and letter of justification approved and noted as received by
the Town on August 7, 2009 and July 23, 2009, respectively. Any changes or
modifications to the approved plans shall be approved by the Community
Development Director, the Development Review Committee, the Planning
Commission, or Town Council, depending on the scope of the changes.
2. EXPIRATION. The approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the approval has been
vested.
3. APPROVED USE. The subject approval is for a retail wine establishment with
food, beer, and wine service as generally described in the applicant's letter of
justification (Exhibit 5 of U-09-007 Staff Report).
4. HOURS OF OPERATION. Maximum hours of operation shall be Monday to
Wednesday 10:00 am to 9:00 pm; Thursday 10:00 am to 10:00 pm; Friday and
Saturday 10:00 am to 11:00 pm; Sunday 12:00 pm to 8:00 pm.
5. HOURS OF ALCOHOLIC BEVERAGE SERVICE. The service of alcoholic
beverages shall not be permitted after 8:00 pm Monday through Wednesday, after
9:00 pin Thursday, after 10:00 pin Friday and Saturday, and after 7:00 pin on
Sunday.
6. NUMBER OF SEATS. The maximum number of seats is sixteen (16), inclusive
of the tasting bar and private event room. Note: number of individuals on-site at
any given time is limited during specials events (see EVENTS condition).
7. EVENTS. Tasting events and/or classes shall be limited to two (2) per month.
During tasting events and/or classes, the maximum number of attendees shall be
limited to 25. The maximum number of individuals on site at any given time shall
be 30, inclusive of employees, instructors, or presenters (based on ten (10)
allotted parking spaces). Note: The maximum number of individuals is not in
addition to the maximum seating of sixteen.
8. ENTERTAINMENT. Live entertainment and amplified music in prohibited,
9. SIGN PERMIT. A Sign Pen-nit from the Community Development Department is
required for any new sign or any change of face of an existing sign.
10. BUSINESS LICENSE. A business license is required prior to commencement of
use.
Attachment 2
11. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and
Occupancy is required prior to commencement of use.
12. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to
the County of Santa Clara Department of Environmental Health for review prior
to commencement of use. The applicant shall provide a copy of the approval
fi•om the County of Santa Clara Department of Environmental Health with the
Certificate of Use and Occupancy application.
13. TWO YEAR REVIEW. Town staff shall review the Conditional Use Permit
within two years from approval to determine if there are any problems associated
with the Permit and report their findings to the Planning Commission. The
Planning Commission may direct that a public hearing be held to review the
permit as specified in Section 29.20.3 10 of the Town Code.
14. ALCOHOLIC BEVERAGE POLICY. The applicant shall be subject to comply
with any new requirements in the Town's Alcoholic Beverage Policy within two
(2) years from the commencement of operation.
15. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115
requires that any applicant who receives a permit or entitlement from the Town
shall defend, indemnify, and hold harmless the Town and its officials in any
action brought by a third party to overturn, set aside, or void the permit or
entitlement. This requirement is a condition of approval of all such permits and
entitlements whether or not expressly set forth in the approval, and may be
secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
16. UNIFORMED SECURITY: Uniformed privately provided security guards may
be required in or around the premises by the Chief of Police if alcohol related
problems rccur that are not resolved by the licensed owner.
17. 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.
18. 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,
19. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers.
20. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
NAT)MCPNDI7"NS1 OMN5C414 4M.doc
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
~Og"~AjOg Meeting Date: September 9, 2009
PREPARED BY: Jennifer L. Savage, Assistant Planner
jlsavag_e cr Ios_at osca.gov-
APPLICATION NO.: Conditional Use Permit Application U-09-007
ITEM NO: 4
LOCATION: 414-416 N. Santa Cruz Avenue (east side of N. Santa Cruz
Avenue, approximately 250 feet north of Los Gatos-Saratoga
Road)
APPLICANT: Michael E. Guerra and Joseph J. Cannistraci
PROPERTY OWNER: Jim Zanardi
CONTACT PERSON: Michael E. Guerra and Joseph J. Cannistraci
APPLICATION SUMMARY: Requesting approval to operate a retail wine establishment with
food, beer, and wine service on property zoned C-1. APN 529-
07-047.
DEEMED COMPLETE: August 14, 2009
FINAL DATE TO TAKE ACTION: March 14, 2010
RECOMMENDATION: Forward Conditional Use Permit U-09-007 to the Town Council
with a Recommendation of Approval, Subject to the Conditions
Contained in this Report
PROJECT DATA: General Plan Designation: Neighborhood Commercial
Zoning Designation: C-1 -Neighborhood Commercial
Applicable Plans & Standards: Central Los Gatos
Redevelopment Plan
Parcel Size: 12,544 square feet
Surrounding Area:
_ Existing Land Use
I General Plan _
1 Zonis _
North Commercial _
I Neighborhood Cornmercial_
I C-1 _
East j Parking Lot*
1 Neighborhood Commercial
! C-1
South Commercial
mrnercial
a
1 Neighborhood C
C-1
West I Commercial
_
_
_
I Neighborhood Commercial C-1
* Residential uses are directly east of, and adjacent to, the parking lot.
Attachment 3
Planning Commission Staff Report - Page 2
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
CEQA: The project is Categorically Exempt according to Section 15301
of the State Environmental Guidelines as adopted by the Town
because the project consists of permitting an existing facility
with no expansion.
FINDINGS: ■ As required by Section 15301 of the State Environmental
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.
■ 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.
CONSIDERATIONS: None.
ACTION: Forward Conditional Use Permit U-09-007 to the Town Council
with a Recommendation of Approval, Subject to the Conditions
Contained in this Report
EXHIBITS: 1.
Location Map (one page)
2.
Findings and Considerations (two pages)
3.
Recommended Conditions of Approval (three pages)
4.
Written Description (one page), received July 23, 2009
5.
Letter of Justification (five pages), received July 23, 2009
6.
Sample Menu (one page), received August 7, 2009
7.
Wine Education Curriculum (five pages), received
August 7, 2009
8.
Town's Alcoholic Beverage Policy (six pages)
9.
Development Plans (three pages), received August 7, 2009
10
. Outreach Packet (nine pages), received August 28, 2009
11
. Public Comment (five pages), received August 31, 2009 and
September 2, 2009
BACKGROUND:
The proposed project will occupy two tenant lease spaces, 414 and 416 N. Santa Cruz Avenue, in
the Los Gatos Shopping Center. The subject spaces have been vacant for several years due to a
Planning Commission Staff Report - Page 3
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
substantial remodel at the shopping center. The spaces were previously occupied by a restaurant
and a nail salon. The conditional use permit for the restaurant use expired due to inactivity for
more than one year.
The amended Alcoholic Beverage Policy (ABP) was adopted by the Town Council in September
2001 (Exhibit 8). The purpose of the ABP is to provide parameters for alcoholic beverage
service and direction through a General Policy and a Specific Policy. The ABP is discussed in
the Analysis Section below.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval to operate a retail wine establishment with food and
alcoholic beverage service. The applicant provided a written description and letter of
justification describing the proposal (Exhibits 4 & 5). The service of food and alcoholic
beverages requires a Conditional Use Permit. The Planning Commission shall make a
recommendation to the Town Council, who will be the final deciding body pursuant to the
Alcoholic Beverage Policy (ABP).
B. Location and Surrounding Neighborhood
The project site is located at 414 and 416 N. Santa Cruz Avenue, on the east side of N.
Santa Cruz Avenue and approximately 250 feet north of Los Gatos-Saratoga Road. The
property is surrounded by commercial uses to the north, west, and south. To the east is a
Town parking lot. Single family residential uses are located beyond the Town parking lot.
C. Zoning Compliance
Retail use is a permitted use in the C-1 Zone District. The zoning designation allows food
and beverage service subject to the approval of a Conditional Use Permit.
ANALYSIS:
A. Business Proposal
The letter of justification explains the proposal as "a centuries' old business model that
combines elements of wine and good appreciation in a traditional and civil atmosphere"
(Exhibit 5). The proposed business will sell wine by the bottle, wine accessories, and
specialty food items. In addition, they will offer food and beverage service, including the
service of wine and beer. The applicant provided a sample menu, floor plan, and interior
Planning Commission Staff Report - Page 4
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
elevation illustrating the location and arrangement of the food preparation area (Exhibits 6
and 9, respectively). The wine tasting and food service area is approximately 252 square
feet of floor area or 10% of the entire lease space.
The applicant is proposing up to two events per month. Events include wine education
(Exhibit 7), hosted tastings, corporate meetings, and private tastings. The maximum
number of attendees per event will be 25. The applicant explains that the food and
beverage service will enhance the objective of well-rounded wine education and the
experience of wine culture.
The applicant is proposing a maximum of 16 seats. Operating hours will be Monday
through Wednesday from 10:00 am to 9:00 pm, Thursday 10:00 am to 10:00 pm, Friday
and Saturday from 10:00 am to 11:00 pm, and Sunday from 12:00 pm to 8:00 pm (Exhibit
5). Alcoholic beverage service will cease one hour prior to closure. The Alcoholic
Beverage Policy requires specific findings for alcohol service after 10:00 pm. The subject
application does not propose alcohol service after 10:00 pm and, therefore, the findings are
not required.
The proposal does not appear to fit into the Town's current definitions of restaurant or bar
because retail is a large component of the business and the use includes wine education
classes. Town Code Section 29.10.020 provides the following definitions for a bar and a
restaurant:
`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 means a retail food service establishment in which food or beverage
is prepared, served and sold to customers for on-site or take-out consumption.'
B. Alcoholic Beverage Policy (ABP)
Purpose
The requirements contained in the ABP are intended to protect nearby residential
neighborhoods, while maintaining `the viability of our commercial centers.' The policy
provides assurance that hours of operation will be regulated for a variety of reasons,
including proximity to residential neighborhoods and concentration of alcoholic beverage
serving establishments within one area.
Planning Commission Staff Report - Page 5
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
The site is located in an established shopping center that fronts on N. Santa Cruz Avenue.
To the rear of the building is a Town parking lot. On the opposite side of the parking lot is
a residential neighborhood. The applicants are sensitive to the proximity of residential
uses. The alcoholic beverage service will not occur after 10:00 pm. Additionally, the
applicants have experience operating a business near residential uses. They have an
existing business located in a neighboring community in a mixed use development under
residential condos. The applicants have stated that they have not had a single complaint or
incident in the six years that the business has been in operation.
General Policy
The ABP's General Policy contains eight requirements. Although requirement No. 1 does
not apply to the subject application, the requirement is discussed. Requirements 5 and 7
are applicable to the subject application. Requirements 2, 3, 4, 6, and 8 do not apply to the
subject application because there will be no entertainment, no alcoholic beverage service
after 10:00 pm, and there will not be any outdoor seating.
Requirement No. 1 states `the Town shall continue to strongly discourage new applications
for stand alone bars or restaurants with separate bars.' The proposal does not fall into the
definition of a bar in that retail sales are a large component of the business and they will
offer wine education classes. As noted previously, only 10% of the two lease spaces are
dedicated to wine and food service.
Requirement No. 5 states an establishment serving alcoholic beverages is subject to five
provisions related to alcohol service (Exhibit 8). The Police Department has discretion
over two of the provisions in Requirement 5. The Police Department has reviewed the
proposal and concur with the staff findings and recommendations in the report. The
subject application meets requirement No. 5 (Exhibit 3).
Requirement No. 7 defines a meal as `a combination of food items selected from menu.'
The applicants provided a sample food service menu and offers food pairing education as
well (Exhibits 6 & 7).
Specific Policy
The Specific Policy has two requirements that address alcoholic beverage service at
restaurants. The first states "alcoholic beverages may only be served with meals." The
business will provide food service from a menu. The second requirement states that "meal
service shall be available until closing." The business will offer food and beverage service
that will cease an hour before closing - Monday through Wednesday at 8:00 pm, Thursday
at 9:00 pm, Friday and Saturday at 10:00 pm, and Sunday at 7:00 pm. While food is not
Planning Commission Staff Report - Page 6
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
proposed to be served during the final hour of operations, neither will alcoholic beverages.
The intent of the Policy is to ensure that food will be served in conjunction with alcoholic
beverages. In this case, neither food nor alcoholic beverages will be served during the final
hour of operations; however, patrons will be allowed to finish their food and beverages and
retail sales will be permitted. Staff believes that the proposal is consistent with the intent of
the policy.
Lastly, as noted in the applicant's letter of justification (Exhibit 5), in addition to wine
service, the applicant is also proposing to serve beer. The applicant's Alcohol Beverage
Control License is an On-Premise Beer and Wine license. Given the Town's historical
concern for establishments that serve alcohol, staff is suggesting that for the first two years
of operation, the use be limited to serving wine only. After two years, staff will conduct an
administrative review of the operations to determine if there have been any undesired
incidences, police calls for service or complaints. Provided there are no reported issues, the
applicant will be allowed to serve beer in addition to wine and non-alcoholic beverages.
Staff has added a condition for the administrative staff review that will occur two (2) years
from the date the business opens to the public.
C. Parkin
The shopping center consists of four parcels and has 124 parking spaces. The proposed use
requires ten parking spaces. The parking requirement is based on the most intensive
portion of the proposed use - the special events (for description of special events see
business proposal discussion above). One parking space is required for every three
attendees. The maximum number of individuals on site at any given time shall be 30. This
allows a 25 person maximum for attendees and a five person maximum for employees,
instructors, and/or presenters. The shopping center contains adequate parking for the
existing and proposed uses (see parking table below).
Planning Commission Staff Report - Page 7
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
404 - 442 N. Santa C
ruz Avenue Parkin Table
Se
ats
Requi
red Par
kin
Suite
Business Name
Type of Use
SF
Res't
Other
Retail
School
Res't
Other
Total
404
vacant
retail
400
1.3
1.3
406
vacant
retail
2900
9.7
9.7
408
vacant
retail
1870
6.2
6.2
410
vacant
retail
5007
16.7
16.7
4141416
The Boot Enoteca
restaurant
2400
16
10.0
10.0
418
Bianco
retail
1200
4.0
4.0
420
vacant
retail
3000
10.0
10.0
430
vacant
retail
3100
10.3
10.3
434
Studio Kicks
school
4200
14.0
14.0
438
vacant
retail
5400
18.0
18.0
440
Aldo's Deli
restaurant
1600
22
5.5
5.5
442
Starbuck's
restaurant
1600
32
8.0
8.0
Total Required Parkin
114
Total Provided Parkin
124
D. Traffic
The retail aspect of the business does not create traffic impacts. The proposed use will
have 16 seats, which is less than the 21 seats allowed in the discontinued restaurant.
Therefore, the proposed use has no traffic impact. As noted, there may be special events,
including wine education classes and private tastings. Per the applicant's proposal, only
two events per month will occur with a maximum of 25 attendees. These limited events
will not adversely affect the traffic conditions.
E. General Plan
The proposed use meets the following goals and policies of the General Plan:
• Policy L.P.1.12 - When the deciding body's decision on a zoning approval is based on
assumptions derived from the applicant's promises and/or description of the proposal,
those assumptions should become conditions of the approval. The project is
conditioned to limit the number of events, the number of seats, and the hours of
operation as proposed by the applicant (Exhibit 3).
• Goal L.G.5.1 - To provide residents with adequate commercial and industrial services.
The proposed use provides a service to the Town residents.
• Goal L.G.5.2 - To maintain a balanced, economically stable community within
environmental goals. The proposed use fills an otherwise vacant commercial space and
should encourage additional foot traffic to a vacant commercial area.
Planning Commission Staff Report - Page 8
414-416 N. Santa Cruz AvenuelU-09-007
September 9, 2009
• Policy L.G.5.1 - Maintain a variety of commercial uses (a strong downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers) to meet the shopping needs of residents and to preserve the small-
town atmosphere. The use contributes to the variety of uses available at the subject
commercial center.
• Policy L.P.5.6 - Encourage development that maintains and expands resident-oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town. The proposed use provides a service to the
Town's residents.
F. Environmental Review
The project is Categorically Exempt according to Section 15301 Class 1 of CEQA as
adopted by the Town, which exempts permitting an existing facility with no expansion.
G. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be permitted in the Central Los Gatos Redevelopment Project Area.
The subject property is designated commercial and, per the Redevelopment Plan, shall be
used for the general commercial uses set forth and described in the Town's General Plan.
The proposed use falls under general commercial uses.
H. Conditional Use Permit Findings
in order to grant approval of a Conditional Use Permit, the hearing body must make the
following findings:
(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.
In regards to finding one, the use will provide retail and basic food and beverage service to
the community as well as bring visitors, shoppers, and residents to a less frequented area of
North Santa Cruz Avenue. In addition, the economic viability of the Town's neighborhood
commercial centers can be contingent upon the number of vacancies. Currently the subject
site has nine vacancies. The addition of this use will therefore increase the center's vitality.
Planning Commission Staff Report - Page 9
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
In regards to the second finding, the use will not impair the integrity of the zone since the
use will be in a commercial zone. In regards to finding three, the use will not be
detrimental to public health safety or general welfare because the use will not conduct
business during late night hours and will be subject to provisions of the Alcoholic Beverage
Policy. In regards to the final finding, the proposed use meets the objectives of the General
Plan and Town Code as discussed within this report.
PUBLIC COMMENTS:
The applicants conducted outreach to the local neighborhood and local business. The applicants
prepared and circulated 60 outreach packets (Exhibit 10). At this time, the Town has received
four public comments in support of the proposal (Exhibit 11).
SUMMARY AND RECOMMENDATION:
A. Summary:
Staff recommends conditions of approval consistent with the applicant's proposed use
regarding the number seats, number of events, and operating hours. The project site
contains sufficient parking to accommodate the existing and proposed uses. The use will
not operate during late night hours consistent with the requirements set forth in the ABP.
The discretionary privilege of alcohol service may be acceptable pursuant to the application
proposal and associated conditions.
B. Recommendation:
The Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic
beverage service when the proposal will not negatively impact residential neighbors,
alcohol related incidents will not occur, and when the application will provide a positive
impact to the commercial area. Based on the evidence submitted by the applicants, staff
believes this application fits such a case.
If the Planning Commission finds merit with the proposal, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Make the required finding 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 (Exhibit 2); and
Planning Commission Staff Report - Page 10
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
4, Recommend approval Conditional Use Permit application U-09-005 with the
conditions contained in Exhibit 3.
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. Recommend denial of the application.
Approved by: - -
Wendie R. Rooney
Director of Community Development
WRR:JS:cgt
cc: Michael Guerra and Joseph Cannistraci, 333 Santana Row Unit #307, San Jose, CA 95128
Jim Zanardi, P.O. Sox 23027, San Jose, CA 95153
N:IDEVIREP0RTS12009\NSC414 416.doc
.1
414 & 416 N. Santa Cruz Avenue
r
to
EXHIBIT 1
REQUIRED FINDINGS FOR:
414-416 N. Santa Cruz Avenue
Conditional Use Permit U-09-007
Requesting approval to operate a retail wine establishment with food, beer, and wine
service on property zoned C-1. APN 529-07-047.
PROPERTY OWNER: Jim Zanardi
APPLICANT: Michael Guerra/Joseph
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town.
Required findings for a Conditional Use Permit:
w 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 in that the use will provide retail and basic food and beverage service to the
community as well as bring visitors, shoppers, and residents to a less frequented area of
North Santa Cruz Avenue. In addition, the economic viability of the Town's
neighborhood commercial centers can be contingent upon the number of vacancies.
Currently the subject site has nine vacancies. The addition of this use will therefore
increase the center's vitality; and
(2) The proposed uses will not impair the integrity and character of the zone in that the use
will not impair the integrity of the zone since the use will be in a commercial zone; and
(3) The proposed uses would not be detrimental to public health, safety or general welfare in
that the use will not be detrimental to public health safety or general welfare because the
use will not conduct business during late night hours and will be subject to provisions of
the Alcoholic Beverage Policy; 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 in that the proposed use
meets the objectives of the General Plan and Town Code as discussed within the staff
report.
MIBIT 2
414-416 N. Santa Cruz Avenue/U-09-007
September 9, 2009
Page 2 of 2
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B).
N:1DFVIFINDINGS\2009WSC414 416.doc
RECOMMENDED CONDITIONS OF APPROVAL - September 9, 2009
414-416 N. Santa Cruz Avenue
Conditional Use Permit U-09-007
Requesting approval to operate a retail wine establishment with food, beer, and
wine service on property zoned C-1. APN 529-07-047.
PROPERTY OWNER: Jim Zanardi
APPLICANT: Michael Guerra/Joseph
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the
development plans and letter of justification approved and noted as received by
the Town on August 7, 2009 and July 23, 2009, respectively. Any changes or
modifications to the approved plans shall be approved by the Community
Development Director, the Development Review Committee, the Planning
Commission, or Town Council, depending on the scope of the changes.
2. EXPIRATION. The approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the approval has been
vested.
3. APPROVED USE. The subject approval is for a retail wine establishment with
food, wine and non-alcoholic beverage service as generally described in the
applicant's letter of justification (Exhibit 5 of U-09-007 Staff Report). Following
two (2) years of operation, Town Staff will conduct an administrative review of
the operations to determine if there have been any complaints or Police calls for
service related to alcohol problems. If staff determines that there are no concerns,
the establishment shall be allowed to serve beer in addition to wine under the
same terms of this Use Permit. The applicant shall be responsible for all costs
applicable to the administrative review.
4. HOURS OF OPERATION. Maximum hours of operation shall be Monday to
Wednesday 10:00 am to 9:00 pm; Thursday 10:00 am to 10:00 pm; Friday and
Saturday 10:00 am to 11:00 pm; Sunday 12:00 pm to 8:00 pm.
5. HOURS OF ALCOHOLIC BEVERAGE SERVICE. The service of alcoholic
beverages shall not be permitted after 8:00 pm Monday through Wednesday, after
9:00 pm Thursday, after 10:00 pm Friday and Saturday, and after 7:00 pm on
Sunday.
6. NUMBER OF SEATS. The maximum number of seats is sixteen (16), inclusive
of the tasting bar and private event room. Note: number of individuals on-site at
any given time is limited during specials events (see EVENTS condition).
7. EVENTS. Tasting events and/or classes shall be limited to two (2) per month.
During tasting events and/or classes, the maximum number of attendees shall be
limited to 25. The maximum number of individuals on site at any given time shall
be 30, inclusive of employees, instructors, or presenters (based on ten (10)
allotted parking spaces). Note: The maximum number of individuals is not in
addition to the maximum seating of sixteen.
EXHIBIT 3
8. ENTERTAINMENT: Live entertainment and amplified music in prohibited.
9. SIGN PERMIT. A Sign Permit from the Community Development Department is
required for any new sign or any change of face of an existing sign.
10. BUSINESS LICENSE. A business license is required prior to commencement of
use.
11. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and
Occupancy is required prior to commencement of use.
12. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to
the County of Santa Clara Department of Environmental Health for review prior
to commencement of use. The applicant shall provide a copy of the approval
from the County of Santa Clara Department of Environmental Health with the
Certificate of Use and Occupancy application.
13. TWO YEAR REVIEW. Town staff shall review the Conditional Use Permit
within two years from approval to determine if there are any problems associated
with the Permit and report their findings to the Planning Commission. The
Planning Commission may direct that a public hearing be held to review the
permit as specified in Section 29.20.310 of the Town Code.
14. ALCOHOLIC BEVERAGE POLICY. The applicant shall be subject to comply
with any new requirements in the Town's Alcoholic Beverage Policy within two
(2) years from the commencement of operation.
15. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115
requires that any applicant who receives a permit or entitlement from the Town
shall defend, indemnify, and hold harmless the Town and its officials in any
action brought by a third party to overturn, set aside, or void the permit or
entitlement. This requirement is a condition of approval of all such permits and
entitlements whether or not expressly set forth in the approval, and may be
secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
16. 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.
17. 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.
18. 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.
19. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively
promote a designated driver program such as complimentary non-alcoholic
beverages for designated drivers.
20. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone
numbers shall be posted in a visible location.
N:\DEVICONDYPNMD091NSC414 41b.doc
CITIE D
DESCRIPTION OF PROPOSED PROJECT JUL '2.) 2009
For
i'r)1VN OF LOS GATOS
THE BOOT ENOTECA AND WINE MERCHANT i _,ANNINV.3 D[VISIU,!
Both wine novices and enthusiasts enjoy convivial experiences involving wine and the
surrounding wine culture. People in general are becoming more interested in experiencing
better, authentic, more eclectic wines and foods. Due to the increased popularity of wine and
food related television programming and associated books, the interested consumer also has an
eye toward education, wine & food pairing, healthy and responsible consumption in a casual,
friendly setting. It is our intention to provide both products and services that will directly tap
into these expanding areas of demand and create a unique, innovative and authentic business
based on these principles.
We intend to provide a broad range of wines by the bottle, ranging from inexpensive, easy-to-
drink wines to limited production, premium quality collectibles. We will feature a large
percentage of Italian wines and a focus on local wineries from Santa Clara and Santa Cruz
counties, yet we will have wines from all the major wine growing regions of the world. Beer and
other non-alcoholic beverages, such as bottled water, soda, juices, and the like will also be
available. In addition, we will sell a variety of wine-related accessories, such as corkscrews,
decanters, stemware, wine gift bags, coasters, games, cleaning products, and similar items. We
also plan to sell a selection of premium quality, artisanal specialty food items such as chocolates,
cookies, crackers, cheeses, cured meats, as well as other packaged items.
We also intend to provide a selection of wine "by the glass" as well as beer and other non-
alcoholic beverages, such as bottled water, soda, juices, and the like. We also plan to provide
"small plate" food items such as cheeses, cured meats, condiments and other charcuterie as well
as other prepared foods like cookies, cake, chocolates. The food offerings shall be simple, easy
to execute, and will not require any commercial equipment to prepare.
In addition to our regular food and beverage service, we intend to provide, on a regular basis,
hosted wine tastings with wine makers and/or winery representatives that will discuss their
wines, the winery, the winemaking process, etc. We also plan to conduct hosted tastings for both
corporate and private customers in a small, intimate setting in a separate room, off the retail
floor. We will also conduct a wide range of wine classes that will appeal to wine novices as well
as knowledgeable wine enthusiasts. Our establishment will create an entire culture and convivial
atmosphere based on the appreciation and responsible consumption of wine and accompanying
food pairings.
EXHIBIT 4
LETTER OF JUSTIFICATION
For .jUl_ 2009
THE BOOT ENOTECA AND WINE MERCHANT
DESCRIPTION OF BUSINESS
The Boot Enoteca is a centuries old business model that combines elements of wine and food
appreciation in a traditional and civil atmosphere. We will provide a selection of fine wines,
available both by the glass (on-premise) and for retail purchase (off-premise) in combination
with a selection of wine-related small plates to be enjoyed on-site. In keeping with our goal of
creating a culture of passionate, informed and responsible wine and food enjoyment, we will
provide a separate room, off the main retail space, to be used for private, intimate events such as
hosted tastings, corporate meetings, private tastings, and wine education classes. We intend to
conduct hosted wine tastings and wine education classes on a regular basis in order to increase
our customer's knowledge and appreciation of fine wines and specialty foods. We also intend to
capitalize on popular and powerful media, specifically our website, to expand our presence
beyond local boundaries and increase our customer base by offering on-line wine courses, video-
based wine commentaries and interviews, blogs and other content.
Vision and Values: Both wine novices and enthusiasts enjoy convivial experiences involving
wine and the surrounding wine culture. People in general are becoming more interested in
experiencing better, authentic, more eclectic wines and foods. Due to the increased popularity of
wine and food related television programming and associated books, the interested consumer
also has an eye toward broadening his/her experience, expanding his/her knowledge, becoming
educated about wine & food pairing, and fostering healthy and responsible consumption in a
casual, friendly setting. The Boot will provide both products and services that will directly tap
into these expanding areas of demand and create a unique, innovative and authentic business
based on these principles in order to help support our retail operation.
HOURS OF OPERATION:
Monday -Wednesday: 10:00 AM to 9:00 PM
Thursday: 10:00 AM to 10:00 PM
Friday and Saturday: 10:00 AM to 11:00 PM
Sunday: 12:00 PM to 8:00 PM
Please note: Food and Beverage service will terminate ONE HOUR prior to close.
NUMBER OF EMPLOYEES:
We plan to employ 4 full-time employees (including ourselves) and 2 to 5 part-time employees,
as the demands of the business necessitate.
PRODUCTS AND SERVICES:
OFF PREMISE PRODUCTS: We intend to provide a broad range of wines by the bottle,
ranging from inexpensive, easy-to-drink wines to limited production, premium quality
EXHIBIT 5
collectibles. We will feature a large percentage of Italian wines as well as a focus on local
wineries from Santa Clara and Santa Cruz counties, yet we will have wines from all the major
wine growing regions of the world. Beer and other non-alcoholic beverages, such as bottled
water, soda, juices, and the like will also be available. In addition, we will sell a variety of wine-
related accessories, such as corkscrews, decanters, stemware, wine gift bags, coasters, games,
cleaning products, and similar items. We also plan to sell a selection of premium quality,
artisanal specialty food items such as chocolates, cookies, crackers, cheeses, cured meats, as well
as other packaged items.
ON PREMISE PRODUCTS: We intend to provide a modest selection of wine "by the
glass" as well as beer and other non-alcoholic beverages, such as bottled water, soda, and juices.
We also plan to provide focused selection of "small plate" food items such as cheeses, cured
meats, condiments and other charcuterie as well as other prepared foods like cookies, cake,
chocolates. The food offerings shall be simple, easy to execute, and will not require any
commercial equipment to prepare.
SERVICES: In addition to our standard food and beverage service, we intend to provide,
on a regular basis, hosted wine Castings with wine makers and/or winery representatives that will
discuss their wines, the winery, the winemaking process, etc. We also plan to conduct hosted
tastings for both corporate and private customers in a small, intimate setting in a separate room,
off the retail floor. We will also conduct a wide range of wine classes that will appeal to wine
novices as well as knowledgeable wine enthusiasts. Our establishment will create an entire
culture and convivial atmosphere based on the appreciation of wine and accompanying food
pairings which we believe will benefit our retail operation.
Maximum number of seats: 16
Maximum number of Tasting Events/Classes per month: 2
Maximum number of attendees per Event/Class (Private): 6
Maximum number of attendees per Event/Class (Public): 25
NOTE: Tastings and classes are typically held after 6:00 PM if on a weekday OR on
Saturday afternoons.
BENEFITS TO THE COMMUNITY:
• Currently, there is no existing business that offers a wide range of eclectic wines (and
specialty foods) in town, so residents have to drive to neighboring areas to purchase
wines and to interact with passionate, friendly, and knowledgeable staff. We will fulfill
this unmet need for Los Gatos residents, thereby increasing their satisfaction with the
amenities-found in town and alleviate any frustrations they may have about having to
drive elsewhere in order to procure the products and services they desire.
• Our business will provide the type of products and services that will also attract upscale
patrons, both private and corporate, into the town from outlying areas, bringing more
collateral business and sales revenue into town which will benefit other local businesses
and the town.
• We plan to do a high volume of sales for the modest physical footprint of our business
which will provide always-needed sales tax revenue to the town.
• By providing a unique and popular destination in the Los Gatos Shopping Center, we will
draw people into an area beyond the downtown core, thereby expanding activity and
business into a less-frequented, less "popular" section of town.
• Promotion of Local Wineries: We intend to dedicate a portion of our inventory to wines
from local wineries (from Santa Clara and Santa Cruz counties) as well as host tasting
events featuring local wine makers and/or winery representatives in order to help increase
their exposure and expand their customer base.
FACTS THAT JUSTIFY APPLICATION:
Our business will comply with the Noise Element in the General Plan.
Our business will comply with the town's Alcohol Beverage Policy in that we will not
serve any wineibeer past 10 PM (see note under Hours of Operation).
We operate a similar business in Santana Row which is a very impacted, densely-
populated residential/retail center where we have residents that live directly above our
establishment. In nearly b years of operation,
o We have not had a SINGLE complaint filed by any residents regarding noise,
disruptive customer behavior or ANY other reason.
o We have never had a SINGLE incident of drunken or disorderly conduct by any
of our patrons.
o We have never had a SINGLE incident in which we or any SR resident has
contacted SR security or local law enforcement because of problematic behavior
of our patrons.
• Our business would help achieve the objective of providing a "diverse shopping
experience" as outlined in the General Plan because we would provide a unique,
interactive and mutli-level wine-related experience that is not currently available in the
town limits.
• Our business would help achieve the objective of "preserving the small town character"
of the town as outlined in the General Plan because we would be a small, privately owned
and operated business. One of the principals has long-standing roots in the local
community.
• Our business would help achieve the objective of supporting "an active business,
community that provides a wide variety of goods and services and a broad range of
employment opportunities, minimizing the need to travel to other communities" in order
to obtain sought-after products and services as outlined in the General Plan.
• The proposed uses of the property are desirable to the public conveniences; the proposed
uses will not impair the integrity and character of the zoning district; the proposed uses
would not be detrimental to public health, safety, or general welfare-, the proposed uses of
the property are in harmony with the various elements or objectives of the General Plan
(as outlined above) and the purposes of the Town Ordinance.
BIOGRAPHIES OF BUSINESS PRINIPALS:
Joseph Cannistraci
Joe's initial work background was in the trades as a Journeyman Plasterer. Before joining the
trade union, he was an Apprentice Machinist at the Defrancisi Machine Corporation, a renowned
manufacturer of commercial pasta machines from 1990 to 1991.
Prior to developing his passion for wine, Joe expanded his entrepreneurial pursuits and was a key
founding owner of Coastal Sol Foods, an energy bar company, which he shepherded from
conception to product launch. He did product research and development, worked closely with a
consultant to create a business plan, recruited outside co-investors, and was responsible for all
aspects of product development, including formulations and branding.
Joe began his career in the wine industry by working at a South Bay wine retailer, which was one
of the largest in the US. Joe immediately demonstrated a special knack for developing both
customer and business relationships, as well as an aptitude for absorbing and utilizing a vast
amount of wine knowledge. Within his first year, he was promoted to Assistant Manager and
made the Italian Wine Buyer.
Since 2002, Joe Cannistraci has been working as a founding partner at Vintage Wine Merchants,
the premiere wine retailer/wine bar in the San Francisco Bay Area. As a partner, he has managed
all operational aspects of the business, as well as purchasing, hiring collateral staff, acting as the
key person in the front end of the business, as well as building his key customer contacts
All four of Joe's grandparents were Sicilian immigrants, and he is the youngest of four children.
His family of origin gave him a taste and appreciation for good food and wine, as well as many
family recipes for traditional Italian food. He is currently married to Louise, his wife of nine
years, and resides in San Jose. Besides wine and fine food, Joe has a passion for surfing.
Work History and Associations:
Vintage Wine Merchants Founding Partner
Wine Club Assistant Manager and Italian Wine Buyer
Coastal Sol Foods
Defrancisi Machine Corporation
Bricklayers and Allied Craftsmen, Local 13 in Newark, New Jersey
Michael Guerra
Prior to working in the wine business, Mike's work background was as a family and child
therapist for 5 years in Solano County as a Mental Health Clinician in the Children's Day
Treatment Program in Vallejo, CA. Prior to accepting this position, he was awarded and
completed a one-year Post-Master's Clinical Fellowship at the Yale University Child Study
Center in New Haven, CT.
In 1999, Mike took a position with a South Bay wine retailer in order to more formally explore
his passion for wine, and it changed his world. He was only there a brief time before he accepted
a position at another wine retailer in the San Francisco Bay Area, where he was able to put his
knowledge and passion of Italy and Italian wines to use and become the Assistant Italian Wine
Buyer.
He left the wine industry briefly for a two year sojourn as a Human Resource Specialist for an
internet security company before joining Vintage Wine Merchants. The founders of Vintage
Wine Merchants, a premiere wine retailer/wine bar in the San Francisco Bay Area, recruited
Mike during the build-out stage of their business in 2002. Mike quickly established himself as a
key contributor at Vintage by taking on wine buying responsibilities, developing and
implementing the food program, developing and implementing the Wine Education program and
acting as the Event Coordinator and Customer Liaison for private parties and corporate
functions. As a result of his commitment and contributions to the growth and success of the
business, he became one of the four partners to eventually run the business. Because of the
excellent reputation he developed during his tenure at Vintage, Mike has been featured in the San
Jose Business Journal, San Jose Magazine and interviewed on "In Wine Country" and for 2
different features on KRON-TV.
Mike is the third generation of Italian immigrants from Calabria, Italy, and is the youngest of two
children. He spent his junior year in college studying abroad in Rome, Italy, which, he says, was
a pivotal year and one of the experiences that eventually led him to pursue his current career and
passion. He still has a passion for international travel and foreign languages.
Work History and Education:
Vintage Wine Merchants 2002-present
Human Resource Specialist for an internet security company, 2000-2002
K&L Wive Merchants, 1999-2000
Mental Health Clinician - Solano County Children's Day Treatment Program, 1994-1999
Post-Master's Clinical Fellowship - Yale University Child Study Center, 1992-1993
Master's degree in Social Welfare - University of California at Berkeley, 1991
B. S. Psychology - Santa Clara University, 1986
High School Diploma - Bellarmine College Prep., 1982
n n
This is a sample Menu AUG 7 2009
--"ANN OF LOS GA-r'
Antipasti Af,,1NiNG DIVLD-1~„
c
Antipasti- Salami Finocchiona,'Sopesatta, Coppa, La Tur cheese with Coponata and Acme
Bread Small Z- 2 people $15 Large 3-4 people $22
Cold Mediterranean Seafood Salad, Octopus, Scungilli, Prawns, Calamari Celery, Lennon,
Extra Virgin Olive Oil and Capers $13
Little Lein Lettuces with Asparagus, Peas & Pecorino $16
Bruschetta
Bruschetta Classico Crostini topped with diced organic Roma tomatoes marinated in Extra
Virgin Olive Oil with Basil, Sicilian Sea Salt, Crushed Pepper and a Shaved Slice of Reggiano
$8
From the Mozzarella Bar
Mozzarella tasting: Burrata, Fior di Latte & Bufala Mozzarella $24
Bufala Mozzarella with Prosciutto $16
Burrata with Extra Virgin Olive Oil and Ground Pepper $16
Panini
Siciliano Grilled Eggplant, Roasted Red Peppers, Ricotta Salata,
Baby Greens on Acme Focaccia. $9
Entree
Melanzane aila Parmigiana Breaded Eggplant Layered with Tomatoes, Basil,
Mozzarella & Parmigiano. $14
Pollo ally Diavola Boneless Skinless Grilled Chicken Breast Poached in Wine, Tomatoes,
Capers Lemon and Garlic $18
Pizza
Pizza Margherita Mozzarella and tomato sauce $18
EXHIBIT 6
7 a . f W
Greetings Friends, Customers and Fellow Wine Enthusiasts! AUG 7 2009
Well, we've just finished our inaugural session of our "Decanting" series wine ctas . }FTfrey G ,r~,--
were very well received and very successful-which is good, because we are very--WAb&d r~lvlo,
about our "new and improved" offerings. Okay, we can't take all the credit. After all, we did
receive some great suggestions from some of the "Decanting alumni" and have tried to
incorporate them into our new curriculum. To those of you alumni to whom this applies, we
say, "Thank you...and we'd like to offer you a laurel...and hardy handshake as a show of our
appreciation..."
Drum roll please ...as we are ready to unveil our new class offerings. As an introductory note,
let us just say that, following the example of the great visionary and awesome filmmaker,
George Lucas, we decided to launch our project with the "second installment" of a three-part
series. No offense George (and fellow Star Wars fans), but we hope that our other
installments are a bit more satisfying than their movie counterparts...
That being said, here are the new Vintage Wine Merchant class offerings:
"Uncorking" Series
This might be referred to as "Introductory" Level classes in normal nomenclature, but you
know us, we like to do things a little differently and, hopefully, more creatively.. -These
classes will focus on introductory subject matter and skill development. They are great for
beginners and for those of you who want to take a "refresher" class to hone your skills.
Examples of future "Uncorking" classes would be: Beginning Wine Appreciation, Component
Tasting, and Food & Wine Pairing 101.
"Decanting" Series
These would otherwise be known as "Intermediate" Level classes, which focus on
introductory and/or general overviews of selected topics, such as an overview of wines from
a particular country or an overview of certain categories of wine. Though beginners are
always welcome, having some knowledge of basic wine terminology and styles will allow
attendees to receive maximum enjoyment from these more "advanced" topics, Some of the
upcoming classes that are tentatively scheduled in this series are: Decanting Sparkling
Wines, Decanting Dessert Wines, and Decanting Austria.
"Savoring" Series
These classes provide even more focused, in-depth coverage of specific topics. More than
just a cursory overview, in these classes we'll take the time to really explore each topic to the
fullest extent. These weekly classes may take from 1 to 4 sessions, depending on the
breadth of the material covered, and are just the ticket for those of you who really want to
become "experts" on certain topics. Some examples of upcoming classes that are tentatively
scheduled in this series are: Savoring Italy (a three session class): Northern Italy, Central
Italy, and Southern Italy.
EXHIBIT 7
"Follow That Grape" Series
This is an independent series of classes that will focus on incarnations of individual grape
varietals (i.e., Cabernet Sauvignon, Pinot Nair, Chardonnay, etc.) from various viticultural
regions around the globe. Attendees will examine the similarities and differences in the
terroir, winemaking practices, philosophies, and styles of the various wines. For example,
we'll take a look at "typical" Cabernets from Napa, France, Australia, Chile, Italy, and see
how they compare with each other. These classes are a great way to really get familiar with
your favorite grapes, in all their many shapes and sizes.
WARNING: F.T.G. classes may foster heated debates among attendees (including the
instructor). Attendees are advised to wear comfortable, old clothing, as opinions, quips,
wine, and quite possibly, food are expected (and encouraged) to be flung at some point
during the evening.
VINTAGE DECANTATIONS
Decantation (de-can-TA-tion), n. The act of pouring (a liquid) from one vessel into another in
order to separate from sediment and allow for maximum exposure and optimal expression.
We're taking a little poetic license and using this concept to refer to the fact that we'll be doing more than
just popping corks in our new classes. In keeping with our philosophy that wine appreciation should be FUN,
our classes are designed to be interactive and informal, as wet[ as informative. We'll leave all the myths and
pomposity behind and retain the more pleasurable aspects of sharing knowledge, stories, and impressions
with each other about the wines and regions we'll be exploring-"to allow for maximum exposure and optimal
expression!"
Our initial Decanting Series provides a general overview of the various topics (more intensive, in-depth
courses will be offered in the future). Though we encourage you to attend any of the classes that interest
you, those totally new to wine might gain a fuller appreciation of the Decanting classes if they "wet their
lips" with the Basics class first. Each class is $40.00/person. Classes will be held in the store or (depending
on the size) at a nearby location at Santana Row. We'll provide the stemware and educational materials. ALL
attendees must be at least 21 years of age. To ensure maximum enjoyment of the wines, we ask that
attendees refrain from wearing strong perfume or cologne. Capacity is limited, so sign up quickly.
Sign up for any 4 classes in advance and get the 5th class free!!!
CLASS SCHEDULE
Basic Wine Appreciation - What is This Thing Called Wine?
This class is a wine snob's worst nightmare and a wine novice's dream come true! In this class, we'll discuss
the basics of wine appreciation: grape varieties and major growing regions, wine making basics, the "How-
To's" of tasting wine, proper wine storage, food and wine pairing, and ordering a wine in a restaurant. After
this class, you'll never feel intimidated (about wine) again!
Decanting Australia - Like A Bridge Over Coonawarra or Home, Home on the Grange
The Land of Oz has just surpassed France as the second leading wine-exporting country to the US! Just
marketing you say? Well, they DO have that (How many of you have had the Tait "Ball Buster" Shiraz??).
They also have made a reputation for palate and pocketbook-pleasing wines. However, they are making
world-class wines in all price ranges. We'll taste some great values and expensive collectibles as we learn
about the main grape varieties, growing regions and producers (large and small) of the Land Down Under.
Woop, Woop!
Decanting California - Sipping by the Dock of the Bay
California is the "new kid on the block" in terms of fine wine production when compared to most other
countries-but we've come a long way in a short time, no? Fearlessness and innovation have made this state
a titan of the wine world. France has Cabernet, Mer€ot, Chardonnay and Viognier-so do we! Italy has
Sangiovese and Pinot Grigio-us tool Spain has Tempranillo and Garnacha-same here! Germany has
Riesling-no problem! We also have a little grape called Zinfandel...anyone? Didn't think so! California has it
all-the Good, the Bad and, yes, the Ugly. We'll "tell all" as we learn about the wines, the regions, and the
producers that have made this state so great.
Decanting Spain - Sweet Home Albarino
Spain has more land under vine than any other country in the world-and is the third largest producer and
exporter of wine (only behind France and Italy)! Until recently, quality Spanish wines were hard to come by
here in the States-but there has been a wine revolution going on in Espana! The current generation of
Spanish wine producers has been focusing on quality wine production-and the results are astounding! Spain
is making exciting wines at ALL price leve(s-just pick up any current wine periodical and check out the
scores. Become more acquainted with the likes of Crianza, Cava (sparkling wine), A€barino, Priorato, Rioja,
and Ribero del Duero among other things as we explore the Land of La Mancha!
Decanting France - Show Me the Way to Go Rhone
No other country in the world produces more world-class, highly-prized (and expensive) wines than France.
You've heard the names bandied about: Bordeaux, Burgundy, Champagne ...Costieres de Nimes...That's right,
though France set the standard for the rest of the world with magical elixirs that have now become household
names, there are many other glorious wines and regions to sample and enjoy-and we will! We'll explore the
major grape varieties and growing regions of France as well as some lesser-known values that will tease your
palate and please your wallet.
Decanting Italy - Whenever I Call You Firenze
Ah, Bella Italia ...or as the Greeks called it "Oenotria," Land of Vines. Wine has been produced in Italy for
thousands of years and there are reported to be over 400 grape varieties growing in Italy-and we'll taste
them all! Well, not quite...but we'll travel from the foot of the Alps (Piemonte), land of Barbera, Dolcetto,
Barolo, down through Tuscany, where Sangiovese is King, on to Sicily, where Nero D'Avola reigns supreme,
sampling and discussing the important grape varietals, producers and growing areas as we go. Experience La
Dolce Vita in your own home town!
Decanting Germany - Like A Rhine-stone Cowboy
Often overlooked by the casual wine enthusiast, Deutschland is where Riesling, some say the noblest of white
grape varietals, reaches its ultimate expression. Come and learn about such wines and terms as Spatlese and
Trockenberenauslese or Nahe and Mosel. We'll discuss how to decode German wine labels and cover the
various growing regions and producers and why these wines provide a near-religious experience when paired
with Asian or Indian foods. Auf Wiedersehen!
"A little learning is a dangerous thing; drink deep, or taste not the Pierian spring; there shallow
draughts intoxicate the brain, and drinking largely sobers us again." Alexander Pope (1688-1744)
- An Essay on Criticism -
COME AND DRINK LARGELY!
VINTAGE WINE MERCHANTS
VINTAGE WINE MERCHANTS
FALL CLASS SCHEDULE
Call 408-250-1115 to reserve a space or visit us at www.vintagewinemerchants.com for more details
Thursday, October 141h: INTRO TO CHEESE - A SLICE OF HEAVEN (BACK BY POPULAR DEMAND!)
Are you a closet Caseophile or do you share your love of cheese with the rest of the world? Maybe
you're just a casual cheese consumer... Perhaps you've come to one of our Friday Night Wine and
Cheese pairings and tried something new and interesting... or just maybe you think Velveeta is the
cat's meow (as our own Harry Fong often rants). In any case, you may want to learn more about
cultured milk (a.k.a. cheese). In this introductory class, well explore the vast world of cheese:
how it's made, the main types of milk used, the many kinds of cheese and the major regions in
which it's produced. Don't just say "Cheese"...eat it!
Capacity: 20 Students Cost: $20.00/person + tax
Thursday October 28th (White) and November 4th (Red): DECANTING: BURGUNDY
Okay, so we could spend a lifetime exploring the vast nuances, varied character, and multitude of
vineyards and vignerons that make up the complicated, delectable fabric that is Burgundy (maybe a
future candidate for an "Indulging In" series? but let's crawl before we run, shall we? In this
introductory class, we'll conduct a general overview of the region, breaking down the classes into
"White" and "Red." See, that isn't so scary, is it? Come and learn about the region that many
believe gives birth to the highest expressions of the Pinot Noir and Chardonnay grapes. If nothing
else, you'll learn a valuable secret: Good Burgundy doesn't necessarily HAVE to be
expensive ...sshh, don't tell anyone we told you! More secrets are yet to be revealed...
Capacity: 15 Students Cost: $30.001person + tax ($55.00/person for both sessions)
Thursday, November 111": UNCORKING: HOLIDAY WINES
Happy Festivus, everyone! The holidays are upon us and visions of sugar plums (and other sundry
comfort foods) dance in our heads-bringing to mind the annual question of "Which wine do I serve
with this cornucopia of textures and tastes?! From Thanksgiving turkey with all the fixin's to
Holiday dinners and cocktail parties ...the season is chock full of occasions to explore the vagaries of
food and wine pairings-and the options are boundless! We'll sample everything from the sublime
to the ridiculous before moving on to "The Airing of Grievances..."
Capacity: 20 Students Cost: $20.00/person + tax
Thursday, November 18t": UNCORKING: SPARKLING WINES
Dom Perignon may have said it best when, upon first imbibing some of the bubbly elixir, he
exclaimed to his fellow monks, "Come quickly, I'm drinking stars!" Sparkling wine is one of the
true treats of the wine world-exuberant, titillating, uplifting, sensuous, and delicious-far too
wonderful to save for special occasions only! Nothing rejuvenates the spirit like a bottle of bubbly,
so why not "pop" open a bottle to add a little sparkle to a Tuesday night or to add a little panache
to a Sunday brunch? Most all of the major wine-producing regions produce sparkling wines-and
some are very inexpensive! We'll taste an array from Italy, Spain, Australia, California and, of
course, France! Capacity: 20 Students Cost: 25.001person +--tax
Thursday, December 2"d: UNCORKING: DESSERT WINES
Do the words "Late Harvest" send a shiver down your spine? Does the term "residual sugar" make
your heart go pitty-pat? When dining out, do you check out the dessert menu BEFORE you look at
the dinner menu? if you answered "Yes" to any of these questions, then this class is for you! We
will indulge our sweet tooths with some of the world's finest "stickier" from French Sauternes to
German Eiswein to Spanish Sherry to some domestic Last Harvest wines ...learn about the grapes, the
regions and the techniques used to make what some slightly lascivious folks refer to as "belly
button" wines ...yum! Capacity: 20 Students Cost: $25.00/person + tax
RESOLUTION 2001-1.06
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale 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; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of mainfaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GA.TOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
MUM 8
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17" day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS; None
ABSENT: - None
ABSTAIN: None
SIGNED:
YOWRBE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THR TOWN OF LOS GATOS
LOS GAT4S, CALIFORNIA
2
3
POLICY REGULATNG THE CONSUMPUON AND
SERVICE OF ALCOHOLIC BEVERAGES
L 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 ofresidential neighborhoods in close proximity to commercialdistricts
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 standalone 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 1 i 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 A
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
Any establishment 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 Dave 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
ilT. 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 I I 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
1. 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 mare 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 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 Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. if there are violations of the use permit that have not been voluntarily
corrected bythe business owner the matter will be forwarded to the Planning
Commission for public hearirig 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 finds that
sufficient grounds exist.
IV, Enforcement
All conditional use perniits issued to establishments for alcoholic. beverage service on site
shall be subject to Section 29.30;310(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 29.20.310(b) of the
Town Code will be based on, but. not limited to, the following factors:.
1. The number and types of calls for. service at or near the establishment ;vhic that are
a direct result of patrons actions;
II. 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.
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AUG s 2009
CAF I .0.9 GAT";
e.A.
September 2009
Dear Sir or Madam:
Our names are dike Guerra and Joe Cannistraci. We have an application going before the Los Gatos 'T'own
Planning Commission oa Wednesday, September 96 to open a wine retail store and tasting room (based on the
time-honored concept of '%note&' in Italy) in the Los Gatos Shopping Center at 416 N. Santa Cruz Avenue.
Please accept this packet of materials as our way of introducing ourselves to you and letting you know about
our plans to open a business near you.
In brief, we are seasoned and serious wine industry professionals who intend to create an upscale, yet casual
environment of passionate, informed and responsible wine and food enjoyment. We will offer eclectic
selection of fine wines, wine-related accessories, and specialty foods available for retail purchase, as well as a
modest selection of wines for tasting and a menu of substantial, yet simple food choices to be enjoyed on
premise. In keeping with our core belief of ever increasing our customers' knowledge and appreciation of fine
wines, we also plan to conduct hosted tastings and wine education classes on premise and feature videos of
interviews of wine industry professionals (such as winemakers, Master Sommeliers, wine importers, etc.) and
other wine-related commentary on our website.
In order to provide you with as much information about who we are and our proposed venture as possible, we
have enclosed a detailed description of our concept, short biographies of ourselves, a DVD of an interview we
conducted with an Italian winemaker, a copy of a wine class curriculum we conducted at a prior location, and a
sample menu of food offerings we intend to provide.
We hope to become an active, responsible and beneficial addition to the Los Gatos community. In order to
help us achieve this, we invite you to contact us to share any questions, concerns or comments you may have
about our proposed venture, as your input and support are very important to us. You can reach us at:
joe@joccannistraci.com.
We look forward to hearing from you.
Thank you for your consideration, / fi 1
W (AU $ LU--,
Michael Guerra and Joseph Cannibtraci, Princ' all
AUGG 2 8 2009
EXHIBIT 10
ENOTECA AND WINE MERCHANT
DESCRIPTION OF BUSINESS:
Our Enoteca is based on a centuries old business model that combines elements of wine and food
appreciation in a traditional and civil atmosphere. We will provide a fairly significant selection of
fine wines for retail purchase (off-premise) as well as a modest selection of wine offered by-the-glass
for tasting (on-premise) and for pairing with our menu of wine-related food offerings. We intend to
conduct hosted wine tastings and wine education classes in order to increase our customer's
knowledge and appreciation of fine wines and specialty foods. We also intend to capitalize on
popular and powerful media, specifically our website, to expand our presence beyond local
boundaries and increase our customer base by offering on-line wine courses, video-based wine
commentaries and interviews, a blog and other content.
Both wine novices and enthusiasts enjoy convivial experiences involving wine and the surrounding
wine culture. People in general are becoming more interested in experiencing better, authentic,
more eclectic wines and foods. Due to the increased popularity of wine and food related television
programming and associated books, the interested consumer also has an eye toward broadening
his/her experience, expanding his/her knowledge, becoming educated about wine & food pairing,
and fostering healthy and responsible consumption in a casual, friendly setting. Our Enoteca will
provide both products and services that will fulfill these expanding areas of demand and create a
unique, innovative and authentic business based on these principles in order to help support our
retail operation.
HOURS OF OPERATION:
Monday - Wednesday: 10:00 A1VI to 9:00 PM
Thursday: 10:00 AM to 10:00 PM
Friday and Saturday: 10:00 AM to 11:00 PM
Sunday: 12:00 PM to 5:00 PM
Please note: Food and Beverage service will terminate ONE HOUR prior to close.
BENEFITS TO THE COMMUNITY: -
• Currently, there is no existing business that offers a wide range of eclectic wines (and
specialty foods) in town, so residents have to drive to neighboring areas to purchase wines
and to interact with passionate, friendly, and knowledgeable staff. We will fulfill this unmet
need for Los Gatos residents, thereby increasing their satisfaction with the amenities found
in town and alleviate any frustrations they may have about having to drive elsewhere in order
to procure the products and services they desire-
Our business will provide the type of products and services that will also attract upscale
patrons, both private and corporate, into the town from outlying areas, bringing more
collateral business and sales revenue into town which will benefit other local businesses and
the town.
• We plan to do a high volume of sales for the modest physical footprint of our business
which -will provide always-needed sales tax revenue to the town.
By providing a unique and popular destination in the Los Gatos Shopping Center, we will
draw people into an area beyond the downtown core, thereby expanding activity and
business into a less-frequented, underutilized section of town.
Promotion of Local Wineries: We intend to dedicate a portion of our inventory to wines
from local wineries (from Santa Clara and Santa Cruz counties) as well as host tasting events
featuring local wine makers and/or winery representatives in order to help increase their
exposure and expand their customer base.
We intend to be active in the Chamber of Commerce and participate in as many community-
sponsored events as possible.
FACTS THAT SUPPORT OUR APPLICATION:
• Our business will comply with the Noise Element in the General Plan.
• Our business will comply with the town's Alcohol Beverage Policy in that we will not serve
any wine/beer past 10 PM (see note under Hours of Operation).
• Al employees will receive third-party training on proper service of alcoholic beverages.
• We operate a similar business in Santana Row which is a very impacted, densely-populated
residential/retail center where we have residents that live directly above our establishment.
In nearly 6 years of operation,
Q We have not had a SINGLE complaint filed by any residents regarding noise,
disruptive customer behavior or ANY other reason.
o We have never had a SINGLE incident of drunken or disorderly conduct by any of
our patrons.
o We have never had a SINGLE incident in which we or any SR resident has
contacted SR security or local law enforcement because of problematic behavior of
our patrons.
• Our business would help achieve the objective of providing a "diverse shopping experience"
as outlined in the General Plan because we would provide a unique, interactive and mutli-
level wine-related experience that is not currently available in the town limits.
• Our business would help achieve the objective of "preserving the small town character" of
the town as outlined in the General Plan because we would be a small, privately owned and
operated business. One of the principals has long-standing roots in the local community.
• Our business would help achieve the objective of supporting "an active business community
that provides a wide variety of goods and services and a broad range of employment
opportunities, minimizing the need to travel to other communities" in order to obtain
sopght-after products and services as outlined in the General Plan.
• The proposed uses of the property are desirable to the public conveniences; the proposed
uses will not impair the integrity and character of the zoning district; the proposed uses
would not be detrimental to public health, safety, or general welfare; the proposed uses of
the property are in harmony with the various elements or objectives of the General Plan (as
outlined above) and the purposes of the Town Ordinance.
SPECIFIC ISSUES RELATED TO SERVING ALCOHOLIC BEVERAGES:
• The stated purpose of the Alcohol Beverage Policy is to avoid the potential to "jeopardize
the public safety" which may "result in an increase of calls for police services."
o As stated above, in 6 years of operating a similar concept in Santana Row, we have
not had a SINGLE incident involving disruptive behavior, public drunkenness OR
any incidents requiring security or local law enforcement intervention.
The Alcohol Beverage 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."
o The latest our food and beverage service will terminate on any given night will be
10:00 PM (which will only be on Friday and Saturday nights). Most nights it will
terminate at 8:00 PM
Our proposed use would not be classified as a "Bar."
o The typical definition of a "Bar" is an establishment whose primary service/ function
is the service of alcoholic beverages, mainly hard liquor and mixed drinks, to be
consumed ON-PRE1biISE, usually until late in the evening (closing at 2:00 AM)
' Our primary function is the retail sale of wines and wine-related items, other
products and services are meant as collateral support to this function.
' We will not serve or sell any hard liquor or mixed drinks.
' We will not be open past 11:00 PM
' Any on-premise wine tasting selections will be accompanied by a menu of
food selections. (See Sample Menu)
• "Stand-alone Bars" typically do not offer educational classes or hosted
tastings (with winemakers or winery representatives) - we will, as part of our
goal to increase our customers' knowledge and appreciation of wine.
Our proposed use would be classified as a "Restaurant."
o We will offer a menu of food offerings that will be substantial, yet simple and easy to
execute. (See Sample Menu)
■ A meal is defined as "a combination of food items selected from a menu."
o Our beverage service will be offered in conjunction with meal service.
o Our meal service and tasting area are in the same location - there is no separation
between the meal service and wine tasting area.
o Our hours of operation are in conjunction with typical restaurant hours (versus late
night "bar" hours).
VISION AND VALUES:
Our fundamental belief is that wine is meant to be consumed with food. Selling wine in an
environment where the consumer has the opportunity to pair it with food facilitates a greater
understanding of this concept. It also helps us to educate our customers and promote an increased
interest in wine appreciation in terms of. winemaking techniques, the various wine regions around
the world, the multitude of grape varietals and their unique characteristics, proper techniques of
wine assessment, fundamentals of food and wine pairing and the like. It is our goal to encourage
our customers to engage their intellect whenever they enjoy wine. We want them to become
interested in "the Story" behind each wine they try, such that whenever they taste or drink wine,
they ask themselves: Who made this wine? Where dial it come from? What scents and flavors to I detect? Why does it smell/taste the way it does? How isadifferent r similart
to other wines I've tasted? What foods would it pair well with? Wine is a unique beverage that
engages alt the senses and appeals to one's intellect, emotions, and spirit. We intend to share our
passion for and knowledge of fine wine and food with every customer that walks through our door.
BIOGRAPHIES OF BUSINESS PRINCIPALS:
Joseph Cannistraci
Joe's initial work background was in the trades as a journeyman Plasterer. Before joining the trade
union, he was an Apprentice Machinist at the Defrancisi Machine Corporation, a renowned
manufacturer of commercial pasta machines from 1990 to 1991.
Prior to developing his passion for wine, Joe expanded his entrepreneurial pursuits and was a key
founding owner of Coastal Sol Foods, an energy bar company, which he shepherded from
conception to product launch. He did product research and development, worked closely with a
consultant to create a business plan, recruited outside co-investors, and was responsible for all
aspects of product development, including formulations and branding.
Joe began his career in the wine industry by working at a South Bay wine retailer, which was one of
the largest in the US. Joe immediately demonstrated a special knack for developing both customer
and business relationships, as well as an aptitude for absorbing and utilizing a vast amount of wine
knowledge. Within his first year, he was promoted to Assistant Manager and made the Italian Wine
Buyer.
Since 2002, Joe Cannistraci has been working as a founding partner at Vintage Wine Merchants, the
premiere wine retailer/wine bar in the San Francisco Bay Area. As a partner, he has managed all
operational aspects of the business, as well as purchasing, hiring collateral staff, acting as the key
person in the front end of the business, as well as building his key customer contacts
All four of Joe's grandparents were Sicilian immigrants, and he is the youngest of four children. His
family of origin gave him a taste and appreciation for good food and wine, as well as many family
recipes for traditional Italian food. He is currently married to Louise, his wife of nine years, and
resides in San Jose. Besides wine and fine food, Joe has a passion for surfing.
Work History and Associations:
Vintage Wine Merchants Founding Partner
Wine Club Assistant Manager and Italian Wine Buyer
Coastal Sol Foods
Defrancisi Machine Corporation
Bricklayers and Allied Craftsmen, Local 13 in Newark, New Jersey
Michael Guerra
Prior to working in the wine business, Mike's work background was as a family and child therapist
for 5 years in Solano County as a Mental Health Clinician in the Children's Day Treatment Program
in Vallejo, CA. Prior to accepting this position, he was awarded and completed a one-year Post-
Master's Clinical Fellowship at the Yale University Child Study Center in New Haven, CT.
In 1999, Mike took a position with a South Bay wine retailer in order to more formally explore his
passion for wine, and it changed his world. He was only there a brief time before he accepted a
position at another wine retailer in the San Francisco Bay Area, where he was able to put his
knowledge and passion of Italy and Italian wines to use and become the Assistant Italian Wine
Buyer.
He left the wine industry briefly for a two year sojourn as a Human Resource Specialist for an
internet security company before joining Vintage Wine Merchants. The founders of Vintage Wine
Merchants, a premiere wine retailer/wine bar in the San Francisco Bay Area, recruited Mike during
the build-out stage of their business in 2002. Mike quickly established himself as a key contributor
at Vintage by taking on wine buying responsibilities, developing and implementing the food
program, developing and implementing the Wine Education program and acting as the Event
Coordinator and Customer Liaison for private parties and corporate functions. As a result of his
commitment and contributions to the growth and success of the business, he became one of the
four partners to eventually run the business. Because of the excellent reputation he developed during
his tenure at Vintage, Mike has been featured in the San Jose Business Journal, San Jose Magazine
and interviewed on "In Wine Country" and for 2 different features on KRON-TV.
Mike is the third generation of Italian immigrants from Calabria, Italy, and is the youngest of two
children. He spent his junior year in college studying abroad in Rome, Italy, which, he says, was a
pivotal year and one of the experiences that eventually led him to pursue his current career and
passion. He still has a passion for international travel and foreign languages.
Work Histo and Education:
Vintage Wine Merchants 2002-present
Human Resource Specialist for an internet security company, 2000-2002
K& J, Wine Merchants, 1999-2000
Mental Health Clinician - Solano County Children's Day Treatment Program, 1994-1999
Post-Master's Clinical Fellowship -Yale University Child Study Center, 1992-1993
Master's degree in Social Welfare - University of California at Berkeley, 1991
B.S. Psychology - Santa Clara University, 1986
High School Diploma Bellarmine College Prep., 1982
Class Categories
"Uncorking" Series
This might be referred to as "Introductory" Level classes in normal nomenclature, but you know us,
we like to do things a little differently and, hopefully, more creatively...These classes will focus on
introductory subject matter and skill development. They are great for beginners and for those of you
who want to take a "refresher" class to hone your skills. Examples of future "Uncorking" classes
would be: Beginning Wine Appreciation, Component Tasting, and Food €t Wine Pairing 101.
"Decanting" Series
These would otherwise be known as "Intermediate" Level classes, which focus on introductory and/or
general overviews of selected topics, such as an overview of wines from a particular country or an
overview of certain categories of wine. Though beginners are always welcome, having some
knowledge of basic wine terminology and styles will allow attendees to receive maximum enjoyment
from these more "advanced" topics. Some of the upcoming classes that are tentatively scheduled in
this series are: Decanting Sparkling Wines, Decanting Dessert Wines, and Decanting Austria.
"Savoring" Series
These classes provide even more focused, in-depth coverage of specific topics. More than just a
cursory overview, in these classes we'll "indulge ourselves" and take the time to really explore each
topic to the fullest extent. These weekly classes may take from 1 to 4 sessions, depending on the
breadth of the material covered, and are just the ticket for those of you who really want to become
"experts" on certain topics. Some examples of upcoming classes that are tentatively scheduled in this
series are: Savoring Italy (a three session class): Northern Italy, Central Italy, and Southern Italy.
"Follow That Grape" Series
This is an independent series of classes that will focus on incarnations of individual grape varietals
(i.e., Cabernet Sauvignon, Pinot Nair, Chardonnay, etc.) from various viticultural regions around the
globe. Attendees will examine the similarities and differences in the terroir, winemaking practices,
philosophies, and styles of the various wines. For example, we'll take a look at "typical" Cabernets
from Napa, France, Australia, Chile, Italy, and see how they compare with each other. These classes
are a great way to really get familiar with your favorite grapes, in all their many shapes and sizes.
DECANT'AT'IONS
Decantation (de-can-TA-tion), n. The act of pouring (a liquid) from one vessel into another in
order to separate from sediment and allow for maximum exposure and optimal expression.
We're taking a little poetic license and using this concept to refer to the fact that we'll be doing more than
just popping corks in our new classes. In keeping with our philosophy that wine appreciation should be FUN,
our classes are designed to be interactive and informal, as well as informative. We'll leave all the myths and
pomposity behind and retain the more pleasurable aspects of sharing knowledge, stories, and impressions
with each other about the wines and regions well be exploring-"to allow for maximum exposure and optimal
expression i"
Our initial Decanting Series provides a general overview of the various topics (more intensive, in-depth
courses will be offered in the future). Though we encourage you to attend any of the classes that interest
you, those totally new to wine might gain a fuller appreciation of the Decanting classes if they "wet their
lips" with the Basics class first. We'll provide the stemware and educational materials. All attendees must
be at least 21 years of age. To ensure maximum enjoyment of the wines, we ask that attendees refrain from
wearing strong perfume or cologne. Capacity is limited, so sign up quickly.
CLASS SCHEDULE
Basic Wine Appreciation - What is This Thing Called Wine?
This class is a wine snob's worst nightmare and a wine novice's dream come true[ In this class, we'll discuss
the basics of wine appreciation: grape varieties and major growing regions, wine making basics, the "How-
To's" of tasting wine, proper wine storage, food and wine pairing, and ordering a wine in a restaurant. After
this class, you'll never feel intimidated (about wine) again!
Decanting Australia - Like A Bridge Over Coonawarra or Home, Home on the Grange
The Land of Oz has just surpassed France as the second leading wine-exporting country to the US! Just
marketing you say? Well, they DO have that (How many of you have had the Tait "Sall Buster" Shiraz??).
They also have made a reputation for palate and pocketbook-pleasing wines. However, they are making
world-class wines in all price ranges. We' 11 taste some great values and expensive collectibles as we learn
about the main grape varieties, growing regions and producers (large and small) of the Land Down Under.
Woop, Woopl
Decanting California - Sipping by the Dock of the Bay
California is the "new kid on the block" in terms of fine wine production when compared to most other
countries-but we've come a long way in a short time, no? Fearlessness and innovation have made this state
a titan of the wine world. France has Cabernet, Merlot, Chardonnay and Viognier-so do we! Italy has
Sangiovese and Pinot Grigio-us too! Spain has Tempranillo and Gamacha-same here! Germany has
Riesling-no problem! We also have a little grape called Zinfandel... anyone? Didn't think so! California has it
all-the Good, the Bad and, yes, the Ugly. We'll "tell all" as we learn about the wines, the regions, and the
producers that have made this state so great.
Decanting Spain - Sweet Home Albarino
Spain has more land under vine than any other country in the world-and is the third largest producer and
exporter of wine (only behind France and Italy)! Until recently, quality Spanish wines were hard to come by
here in the States-but there has been a wine revolution going on in Espana! The current generation of
Spanish wine producers has been focusing on quality wine production-and the results are astoundingl Spain
is making exciting wines at ALL price levels-just pick up any current wine periodical and check out the
scores. Become more acquainted with the likes of Crianza, Cava (sparkling wine), Albarino, Priorato, Rioja,
and Ribero del Duero among other things as we explore the Land of La Mancha!
Decanting France - Show Me the Way to Go Rhone
No other country in the world produces more world-class, highly-prized (and expensive) wines than France.
You've heard the names bandied about: Bordeaux, Burgundy, Champagne ...Costieres de Nimes ...That's right,
though France set the standard for the rest of the world with magical elixirs that have now become household
names, there are many other glorious wines and regions to sample and enjoy--and we will! We'll explore the
major grape varieties and growing regions of France as well as some lesser-known values that will tease your
palate and please your wallet.
Decanting Italy - Whenever I Call You Firenze
Ah, Bella Italia ...or as the Greeks called it "Oenotria," Land of Vines. Wine has been produced in Italy for
thousands of years and there are reported to be over 400 grape varieties growing in Italy-and we'll taste
them all! Well, not quite ...but we'll travel from the foot of the Alps (Piemonte), land of Barbera, Dolcetto,
Barolo, down through Tuscany, where Sangiovese is King, on to Sicily, where Nero D'Avota reigns supreme,
sampling and discussing the important grape varietals, producers and growing areas as we go. Experience La
Do Ice Vita in your own home town!
Decanting Germany - Like A Rhine-stone Cowboy
often overlooked by the casual wine enthusiast, Deutschland is where Riesling, some say the noblest of white
grape varietals, reaches its ultimate expression. Come and team about such wines and terms as Spatlese and
Trockenberenauslese or Nahe and Mosel. We'll discuss how to decode German wine labels and cover the
various growing regions and producers and why these wines provide a near-religious experience when paired
with Asian or Indian foods. Auf Wiedersehen!
Page 1 of 2
Jennifer Savage - Support for Enoteca Nine Bar
From: "Kathy Sulgit (ksulgit)" <ksulgit@cisco.com>
To: <planning@losgatosca.gov>
Date: 8/30/2009 8:28 PM
Subject: Support for Enoteca Wine Bar
Attachments: logo.gif; green.gif 7 -
fe.
AUG 3 2009
Dear Los Gatos Planning Commission
n.
V,
am a fourteen year resident of Los Gatos, _ ;J, -
am writing a Letter of Support on behalf of Michael Guerra and Joe Cannistraci in support of their application to
open a wine retail store and tasting room in the Los Gatos Shopping Center at 416 N. Santa Cruz Avenue.
Michael and Joe plan to open a business that will provide the type of products and services that will attract
upscale patrons, both private and corporate, into the town from outlying areas, bringing more collateral business
and sales revenue into town which will benefit other local businesses and the town. I have visited their wine shop
in Santana Row on numerous occasions, and would much prefer to spend my money locally! They run a
wonderful operation.
There is no comparable business on this side of town. By providing a unique and popular destination in the Los
Gatos Shopping Center, they will draw people into an area beyond the downtown core, thereby expanding activity
and business into a less-frequented section of town and possibly make downtown less impacted.
I also support their commitment to promote local wineries. This unique facet of our community is sorely untapped
and underutilized. Michael and Joe can help us to promote these local specialty businesses and help make Los
Gatos more of a destination" region for locals and non-residents/tourists who are interested in fine wines, pe of
fine dining, and fine living. Theirs is exactly the type of business that our town needs to grow and develop in a
way that is consistent with our vision and goals of being a diverse, culturally rich, and unique place to visit, live
and work.
Michael and Joe have a proven track record for operating a successful, well-respected and well-run business. I
am confident that Michael and Joe will create another successful business and will become active, responsible
and beneficial additions to the Los Gatos community.
Thank you for your consideration,
Kathy Sulgit
Cisco
Kathleen Sulgit
Cisco Systems, Inc.
Director, Corporate invents
170 west Tasman Drive,
Marketing I CMO
San Jose, CA 95134-1706
USA
ksull itC~ciscoxom
Cisco_home.paire.
Phone: (408) 525-8431
Fax: (408) 6138-0474
EXIIBIT 11
file://C :1Userslj savage\AppDatalLocal)TemplXPgrpwise14A9B 86E4TOWN_DOTO W NP... 8/31/2009
Page 2 of 2
A Think before you print.
This e-mail may contain confidential and privileged material for the sale use of
the intended recipient. Any review, use, distribution or disclosure by others is
strictly prohibited. If you are not the intended recipient (or authorized to receive
for the recipient), please contact the sender by reply e-mail and delete all
copies of this message.
Cisco Systems Limited (Company Number: 02558939), is registered in England
and dales with its registered office at 1 Callaghan Square, Cardiff, South
Glamorgan CF10 SBT
file://C:lUsersljsavagclAppDatalLocallTemplXPgrpwisel4A9B86E4TOWN DOTOWiNP... 8/31/2009
September 1, 2009
Dear Los Gatos Planning Commission:
My name is Carrie Castro, I have been a resident in Los Gatos for five years. I have an eclectic background but
to summarize it simply, I have been in some kind of sales for more than twenty years. I've managed sales
teams in the Waste industry in the Bay Area and have enjoyed at different times in my career selling art,
furniture, clothing and even wine. I have had the great pleasure of working one night a week for several years
with Mike Guerra and Joe Cannistraci at the Vintage Wine Merchants. I have a passion for food and wine and
wanted to learn more about wine, I was given an opportunity to expand my knowledge with hands on
experience. Actually, I could never have imagined the amazing people I'd meet, the eclectic variety of wines I'd
taste and the friends I've gained while in company with these two.
Enough about me, I am writing to you, to show my support for Nike and Joe in their application before the
Town of Los Gatos Planning Commission and the Town Council to open a wine retail store and tasting room
in the Los Gatos Shopping Center at 416 N. Santa Cruz Ave.
I'd like to tell you a litde about how it is to work with Mike and Joe and give you a bit of the inside scoop. First
off, these two men have been at the heart of the success at the Vintage, they share a gift with people and wine,
rare even in this state rich with grapes. Professional and ethical, always friendly without intimidating people
who are in search of the perfect wine for their special event or just for dinner that night. Joe is one of the
best story tellers I've ever met, but the stories lead you to a new wine or give you incite on a wine maker or the
history behind the winery he's a researcher and will find an answer to any wine question one might have, most
of them he knows already. Mae is a brilliant writer/ educator so expect to get an incredible lesson on a variety
of wines from local wineries as well as an assortment of places he and Joe may have traveled to in Italy or
France. One of the best testaments to their potential here in town is the people that return, the "regulars,"
locals and professionals that fly in to the area and wish to buy from someone who knows what they like, its
fairly amazing and I'm sure I don't know the half of it.
Living here in town, it would be great to be able to meet friends down town for a glass of wine and a cheese
plate, to meet a winemaker at a scheduled event or to take one of Mike's wine classes. I belong to several
organizations thxough my company and would love to have an establishment like Mike and Joe are proposing
to hold business events. The location suggested is perfect, plenty of parking and I hardly get to that side of
highway nine and always say I should.
Mike and Joe are hard working, creative, businessmen with a history of running successful operations. I can't
think of a better addition to the Town of Los Gatos than a wine retail shop with wine tasting and small plates.
We'd be lucky to have them, they live the motto, "Good food, good wine and good friends!"
I hope you'll take into consideration what I've written and please don't hesitate to call me with any questions
you may have.
Sincerely,
ff~~
~.J
Carrie Castro
Cell (650) 454--5821 RECEIVED
S E I 0 2 2009
TOWN Or LOS GATOS
PLANNING DIVISION
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THE ART &.SOULr or .COOKING
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Tbe' Los Gatos Planning cominassaon ; . ,
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an? writangto you to ex ,Tess an enth~isiasm-and ea er anticspatioft of they propose,
I
Y g ,-r II
J. 'Erabtec and, ine Bar that Joseph Cannzstxaci and Mfdhael Guerra plan to open J ere in
"the t6-wn of Les ~iaos }
I-have l~eeri a'.loy t al customer at heir former Wine 'ar located in. Santana Row for over
f
sax years 1 can honestly tell you that yon u 1Z not find two rnere.knowle'dgeablej
q as h "t'" and passaonate~peaple in•tlie wane business`, They are both wme enthusiasts f
6 t
that enjoy si arirag>their kii 'I'dge and stories to ar yonelwho walks ii =thear x
J..;. F i
establishment
I am along time retailer iii the T-bWA• of Los Gatos, being part oT the opeanng 1
tnariagement tSeaan here ate Sur La Table an 1999, and recently ret ming. as fhe manager of
.tbA.. s Gato$st location, I,:truly. feel the Wane' gar will be a_perfeet addition to'the town of ;
Los Gatos vuhaeh has evolved into the mecca for p~dple'who.enJay and thaf have ..a true
passion for great food; fine wines and`_all the faner'than iii lrfe~ '
fill,
- 'Milva"Gobbi
Sur La T616" Store Manager.. - s' ;qtr t,i, 1F )
` :r .S.
Los Gatos & Santana Row V, E c,..) tVr
408:35.,6946 ,
1
DONALD A. PERRUM
August 31, 2009
Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Having known and done business with Joe Cannistraci and Michael Guerra for many
years, l have become familiar with their plans to open a quality wine shop in Los Gatos.
Both have superior wine knowledge, and their plans to pair wine with specialty foods
should create a venue that will be most desirable for Los Gatos residents. I am excited
about the possibility of being able to make my wine purchases locally, rather than
drivin . o San Jose. I encourage the Town to approve their application so that Joe and
4VIWC can i ' the fine list of Town merchants as soon as possible.
YoDrsVery trgly,
A. Perrucci
DAP1cb
96 N. THIRD ST., SUITE 275, SAN JOSE, CA 95112-5572 ■ TEL. (408) 275-0550 PAX (408) 298-0702
WK p
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
~~3 pAt~9 Meeting Date: September 9, 2009
PREPARED BY: Jennifer L. Savage, Assistant Planner
jlsavagc@losgatosca.gov
APPLICATION NO.: Conditional Use Permit Application U-09-007
ITEM NO: 4
DESK ITEM
LOCATION: 414-416 N. Santa Cruz Avenue (east side of N. Santa Cruz
Avenue, approximately 250 feet north of Los Gatos-Saratoga
Road)
APPLICANT: Michael E. Guerra and Joseph J. Cannistraci
PROPERTY OWNER: Jim Zanardi
APPLICATION SUMMARY: Requesting approval to operate a retail wine establishment with
food, beer, and wine service on property zoned C-1. APN 529-
07-047.
EXHIBITS: 1-11. Previously received with September 9, 2009 Staff Report.
12. Public Comments (seven pages), received September 8-9,
2009.
REMARKS:
The Town received five letters in support of the application after the staff report was circulated.
The comments are attached as Exhibit 12.
- c~
prov
Pep ed Q
ed J Zfer L, Sava ndie Rney
Assistant Planner ector of Community Development
WRR:JS:cgt
N:IBEVIREPORTS120091NSC414 416 desk.doc
Attaclment 4
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September 3, 2009
Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Dear Planning Commission:
We are excited to hear of the application from THE BOOT and encourage
support of this new business in town. Knowing the applicants, Mike and Joe, and
their prior experience, we are confident they will bring a unique and upscale
business offering - especially to an area that needs revitalization.
Their idea of an upscale retail wine shop with tasting area is very pertinent at this
time of a growing wine industry, especially in this region where we are becoming
known for wines and vineyards. Their plan to be active in the community and to
participate in some of the destination marketing activities will be a benefit to them
as well as the other local merchants.
Their targeted market is upscale and affluent and since they are not getting into
hard liquor or a typical "bar scene," I believe they will be an asset to the
community in their presentation, customer draw and community involvement.
Thank you for your consideration.
Yours truly,
Patti A. Rice
Owner/Spa Director
par
EXHIBIT 12
Page 1 of 2
Jennifer Savage - Fwd: Re: Enoreca and Wine merchant by Joe Cannistraci and Mike
Guerra at 414and 416 north Santa Cruz Ave.
From:
Wendie Rooney
To:
Patsy Garcia
Date:
9/8/2009 12:32 PM
Subject: Fwd: Re: Enoreca and Wine merchant by Joe Cannistraci and Mike Guerra at 414and 416 north Santa
Cruz Ave.
CC: Cindie Taylor, Jennifer Savage
Thanks Patsy: We will include this in the Planning Commission's public record. Thanks, Wendie
Wendie Rooney
Director of Community Development
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
(408) 399-5768
WRooney@LosGatosCA.gov
> > > Patsy Garcia 9/8/2009 12:16 PM > > >
Hi Wendie: For your attention - PC agenda item
George Montanari <gmontana@apr.com> 9/3/2009 12:58 PM
Mike,
If I can askyou a favor, please forward this to the appropriate people at planning I would appreciate it. I
don't think the City Council is involved at this level.
I am in strong support of Enoreca and Wine merchant by Joe Cannistraci and Mike Guerra at 414 and 416
north Santa Cruz Ave. Mr. Cannistraci was invoked with vintage wine merchants in Santa Row. He was
excellent operator with many loyal customers. This type of retail business would be a welcome addition
to Los Gatos. This business will serve us citizens of Los Gatos, as well as help bring back the lost customers
that Los Gatos has lost in recent years. They will appeal to both and create energy in a part of town which
is lacking.
The Los Gatos planning department has scheduled a meeting on September 9th at 7:00 PM in which we
unfortunately cannot attend. We want to make sure that the planning department knows the we strongly
encourage their swift approval
If you have any questions, Please fee 1 free to call or email us anytime
George and Jill Montanari
160 Longmeadow Dr
Los Gatos 95032
408-358-5455
file://C:lUsersljsavagelAppDatalLocallTemplXPgrpwise14AA64ECDTOWN DOTOWNP... 9/8/2009
Page 2 of 2
George Montanari
Alain Pinel Realtors
George@apr.com
Top producer since 1980
408-357-8808 Direct Line
www.gmontanari.com
Click on this link for my website
(mis listings, school scores, mortgages etc...)
D.R.E # 00780027
file:HC:1UsersljsavagelAppDatalLoeal\TempWgrpwise14AA64ECDTOWN DOTOWN:P... 9/8/2009
Septembr 6, 2009
Los Gatos Town Council
910 E. Main Street
Los Gatos, CA 95030
To whom it may concern
This letter is in support of the proposal from The Boot Enoteca and Wine Merchant. I believe
they will be an excellent addition to the Los Gatos community. It's important that citizens have
many choices to shop and The Boot will be a great for Los Gatos residents.
Their plan to support the local vintners by providing wine tastings and educational classes will
make for a great addition to the Los Gatos cultural scene. It should also be a great draw for
tourists visiting the Santa Cruz Mountain Wine Region. Our family has known one of the
proprietors, Michael Guerra for over 30 years. We believe they will be a credit to the local
business community.
Sincerely,
Angle~l~lilier
229 Massol Avenue
Los Gatos, CA 95030-7240
7 ;
p.1
September 8, 2009
Los Gatos Planning Commission
From: Jaariette Scott
420 Alberto Way #18
Los Cratos, CA 95032
I have had the fortune of living in I.os Crate's since the summer of 1995 and more blessed to become a
homeowner in the year 20M I absolutely love this townI I do the majority of my business here in Ins Gatos
Peefs, Andale, Steamers, Wine Cellar, Icing on the Cake, Bunches, Pet People, Campo di Bocce, Whole Foods,
Los Gatos Dog and Cat Hospital, Banana Republic, Vrliilow Street, just to mention a few I visit regularly. I have
always wished we had a domestic wine shop/tasting bar in town so when I want to meet a friend or colleague
for a just a glass of wine in a quiet atmosphere. Or even a place to host a small networking event, or a small
team building project, in a relaxed, yet classy environment-
I am writing a Letter of Support on behalf of Michael Guerra and Joe Caasiistraci in regards to their
application going before the Town Planning Commission and Town Council to open a wine retail store and
tasting room in the Los Gatos Shopping Center at 416 N. Santa Cruz Avenue,
Michael and Joe are seasoned and serious wine industry professionals who intend to create an upscale, yet
casual environment of passionate, informed and responsible wine and food enjoyment. Currently, there is no
existing business that offers a wide range of eclectic wines (and specialty foods) in town, so
residents/employees have to drive to neighboring areas to purchase wines and to interact with passionate,
friendly, and knowledgeable staff. Their concept v631 fulfill this need. Their business will also provide the type
of products and services that will also attiact upscale patrons, both private and corporate, into the town from
outlying areas, bringing more collateral business and sales revenue into town which will benefit other local
businesses and the town. Furthermore, by providing a unique and popular destination inLos Gatos
Shopping Center, they will draw people into an area beyond the downtown core, thereby expanding activity and
business into a less-frequented section of town and possibly make downtown less impacted. I also support
their commitment to promote local wineries. This unique facet of our community is sorely untapped and
underutilized- Michael and Joe can help us to promote these local specialty businesses and help make Los
Gatos more of a "destination" region for locals and non-residents/tourists who are interested in fine twines, of
fine &Aing> and fine living. Theirs is exactly the type of business that our town needs to grow and develop in a
way that is consistent with our vision and goals of being a diverse, culturally rich, and unique place to visit, five
and work.
Michael and Joe have a proven trans record fox operating a successful, well-respected and well-run business. I
am confident that Michael and Joe will create another successful business and will become active, responsible
and beneficial additions to the Ips Gatos community.
Thank you for your consideration,
September 9, 2009
Dear Los Gatos Planning Commission,
My name is Brian Crane; I am married to Heather Crane. I have lived at 131 Ann
Arbor Drive in Los Gatos for over 7 years. I am a founder of Intero Real Estate
Services and I personally started the office of Intero Real Estate Services in Los
Gatos. I am a part owner of the building at 518 N Santa Cruz in Los Gatos. I have 3
children ages 18, 16 and 14. 1 am a board member of the Los Gatos-Monte Sereno
Police Foundation.
I am writing this letter to support the project (retail wine store and tasting room) that
Michael Guerra and Joe Cannistraci have proposed to the Town Planning Commission
at 416 N Santa Cruz Avenue.
Michael and Joe are veteran business owners and wine industry professionals who
'intend to create an upscale, casual environment designed so that wine enthusiasts in
Town and outside of town can go to enjoy a few hours together. My wife and I have
often thought that it would be nice to have a specialty wine shop (with knowledgeable
employees) that we could go to without leaving town. In the past we have gone
outside of Los Gatos to purchase wine for various functions we have hosted or
attended.
This shop will be a destination for upscale gatherings prior to other events here in
town, or prior to dinner here in town. For this reason I believe this shop will enhance
the downtown Los Gatos dinning experience. I think they will add to the great
experience that is "Los Gatos". Michael and Joe have a proven track record. I have
been to their shop at Santana Row many times, not only to buy specialty wine, but to
meet friends and enjoy the environment and experience they have created there.
Michael and Joe have contributed to the communities they serve. I have attended
several "charity" events that they "donated" to various community groups. This is a
project that fits with Los Gatos residents and visitors. I encourage the commission to
support this project.
Sincerely,.
Brian Crane
131 Ann Arbor Drive
i
supoort for Michael Guerra-doe
Page 2 of 2
Los Gatos, CA 95032
lntero Real Estate Services
518 N Santa Cruz Avenue
Los Gatos, CA 95030
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