2006-114 - 45 W. Main Street - Allow Wine Tasting And Wine SalesRESOLUTION 2006 -114
GRANTING A REQUEST FOR APPROVAL TO ALLOW WINE TASTING
AND RETAIL WINE SALE ON PROPERTY ZONED C -2.
APN: 529 -01 -026
CONDITIONAL USE PERMIT U -07 -2
PROPERTY LOCATION: 45 W. MAIN STREET
PROPERTY OWNER: JAY CONOVER AND JOELLA WANAMAKER
APPLICANT: CLOS LACHANCE WINES AND FLEMING JENKINS, LLC
C`D1=i� -
A. This matter came before the Town Council for public hearing on October 16, 2006,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Conmtission proceedings and the packet of
material contained in the Council Agenda Report dated October 6, 2006, along with subsequent
reports and materials prepared concerning this application.
C. The applicant is requesting approval to allow a wine tasting and retail wine sale for
off -site consumption on property zoned C -2.
D. The application was considered by the Planning Commission on September 27, 2006,
which recommended the approval of wine tasting and retail wine sale for off -site consumption on
property zoned C -2. The recommended hours when these activities may occur are from 11:00 AM to
7:00 PM, seven days a week, and from 11:00 AM to 10:00 PM for private events.
E. The Council agrees with the Planning Commission's recommendation to grant
applicant's request to allow wine tasting and retail wine sale for off -site consumption on property
zoned C -2.
F. Council finds as follows:
The findings of the Planning Commission made on September 27, 2006 are
adopted and incorporated herein.
2. The request to allow wine tasting and retail wine sale for off -site consumption
promotes policies and strategies of the General Plan including: L.P.1.3 (encourage economic and
social activity consistent with a small - scale, small town atmosphere and image); L.P.5.1 (maintain
a variety of commercial uses to meet the shopping needs of residents and to preserve the small -
town atmosphere); L.P.5.2 (emphasize retail uses in the Commercial Business District); L.P.5.5
(encourage the development and retention of locally -owned stores and shops); L.G.6.2 (preserve
downtown Los Gatos as the historic center of the Town with goods and services for local residents
while maintaining the existing Town identity, environment and commercial viability).
RESOLVED:
1. The request to allow wine tasting and retail wine sale for off -site consumption on
property zoned C -2 is granted. The conditions of approval are attached hereto as Exhibit "A" and by
this reference incorporated herein.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 6 " day of November 2006, by the following vote.
COUNCIL MEMBERS: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt
AYES: None
NAYS:
ABSENT:
SIGNED: lI141 C Mg /"vim'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A EST: ! j
LEI I{ ADMINISTRATOR OF THE TOWN OF LOS GATOS
TOWN OF LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL FOR:
45 W. Main Street
Conditional Use Permit U -07 -2
Requesting approval to allow wine tasting and retail wine sale on property zoned C -2. APN.
529 -01 -026
PROPERTY OWNER: Jay Conover and Joella Wanamaker
APPLICANT: Clos La Chance Wines, Inc & Fleming Jenkins LLC
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
(Planning Section)
I. CONDITIONS: These conditions of approval shall supercede all previously adopted
conditions.
1 APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit H in the report to the Planning Commission. Any changes or modifications made to
the approved plans shall be approved by the Director of Community Development or the
Planning Commission, depending on the scope of the changes.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is a wine tasting room operated by Clos La Chance Wines, Inc and
Fleming Jenkins LLC and retail store selling wines and wine - related retail products from Clos
La Chance and Fleming Jenkins wineries.
5. NUMBER OF SEATS: The maximum number of seats shall not exceed 4 seats total.
6. HOURS OF OPERATION: Hours of operation for the business shall be 11:00 a.m. to 7:00
p.m. seven days a week.
7. WINE SALES: Retail sale of wine for off -site consumption is permitted from 11:00 AM to
7:00 PM, seven days a week and 11:00 AM to 10:00 PM for private events.
8. WINE TASTING: Wine tasting is permitted. The maximum sample size for the tasting shall
not exceed one ounce.
9. PRIVATE EVENTS: Private events such as staff meetings, special new release tastings, bottle
signings, vendor presentations, and other winery related business are allowed. These events
are limited to once a month with hours of operation from 11:00 AM to 10:00 PM.
Entertainment is not permitted during these events.
10. PROHIBITED USES: Service of alcohol for consumption on- premises beyond the minimum
allowed for a wine tasting is not allowed.
11. OCCUPANCY: The maximum occupancy shall be as required by the Fire Code.
NADEV \C0NDITNS\2006 \45 w main2.wpd
p ow x o0
�o COUNCIL AGENDA REPORT
DATE: NOVEMBER 3, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
MEL_:NG DATE: 11 -06 -2006
AGENDAITEM: H
SUBJECT: ADOPT RESOLUTION GRANTING A REQUEST TO ALLOW WINE
TASTING AND RETAIL WINE SALE ON PROPERTY ZONED C -2.
CONDITIONAL USE PERMIT U -07 -2 APN 529 -01 -026 PROPERTY
LOCATION: 45 W. MAIN STREET PROPERTY OWNER: JAY CONOVER
AND JOELLA WANAMAKER APPLICANT: CLOS LACHANCE WINES
AND FLEMING JENKINS, LLC.
RECOMtMENDATION:
Adopt resolution granting a request to allow wine tasting and retail wine sale for off -site
consumption on property zoned C -2.
DISCUSSION:
On October 16, 2006, Council agreed with the Planning Commission's recommendation made on
September 27, 2006, to grant a request to allow wine tasting and retail wine sale for off -site
consumption on property zoned C -2. The attached resolution finalizes that decision,
Attachment: Proposed Resolution
Distribution: Jay Conover, 25 Reservoir Rd, Los Gatos, CA 95030
Joella Wanamaker, 2007 University Ave, San Jose, CA 95128
Clos Lachance Wines, Inc., Bill and Brenda Murphy,
1 Hummingbird Lane, San Martin, CA 95046
Fleming Jenkins LLC, Greg and Peggy Jenkins,
300 -A College Avenue, Los Gatos, CA 95030
PREPARED BY: ORRY�P. ORB, TOWN ATTORNEY orK:Lm A, [N `W Mepnrt LxChnnce& Fleming upd]
Reviewed by: ..____'�Town Nlanager Vt)�_ Assistant Town Manager Clerk
Rey: 1113`766 12:03 pm
Reformatted: 7/19/99
Hui 391 -0±