Attachment 2 and 3" TOWN OF LOS GATOS ITEM NO: 5
DESK ITEM
<os -iil'~..,
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 28, 2016
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT:
PROPERTY OWNER:
CONT ACT PERSON:
APPLICATION
SUMMARY:
EXHIBITS:
Jocelyn Puga, Associate Planner
jpuga@losgatosca.gov
Conditional Use Permit U-16-004
50 University Avenue, Suite 180 (east side of University
Avenu e, approximately 500 feet north ofW. Main Street)
Mark English Architects
Sri Old Town LLC
Steve Hauck, Wine Cellar
Requesting approval to modify an existing Conditional Use
Permit for a restaurant (Wine Cellar) to allow for an increase of
60 additional seats, to modify the distribution of existing seating,
and to allow entertainment before I 0:00 p.m. on property zoned
C -2:LHP:PD. APN 529-02-044.
Previously received with September 28, 2016 Staff Report:
1. Location Map
2. Findings (one page)
3. Recommended Conditions of Approval (four pages)
4. Resolution 2005-092 and the Existing Conditions of
Approval (five pages)
5. Town Alcoholic Beverage Policy, including Exhibit A (six
pages)
6. Planned Development Ordinance 2025 (20 pages)
7 . Project Descriptio n (one page), received August 9 , 2016
8. Letter of Justification (two pages), received August 9, 2016
9. Letter from the landlord approving the allocation of parking
(one page), received June 7, 2016
I 0. Policy Number 1-03 Regulating Late Night Entertainment,
dated June 22 , 2016 and Council Agenda Report, dated June
13 , 2016 (seven pages)
11. Development Plans, received August 9, 2016 (five pages)
Received with this Desk Item Report:
12. Public comment received by 11 :00 a.m., Wednesday
September 28 , 2016
I 3 . Conditional Use Permit U-06 -07 conditions of approval
(three pages)
ATTACHMENT 2
Planning Commission Staff Report -Page 2
50 University, Suite 180/U-16-004
September 28 , 2016
REMARKS :
Staff received the attached email after distribution of the staff r eport (Exhibit 12).
Additionally, staff has provided the conditions of approval for Conditional Use Permit U-06-07
regulating live entertainment for the amphitheater, pedestrian courtyard adjacent to Steamers,
and the wood deck area adjacent to the front parking lot of the Old T own Shopping Center for
the Co mmission's information (Exhibit 13).
Approved by:
Joel Paul son, AICP
Community Development Director
JSP:JGP:cg
N:\DE V\PC REPORTS\20 16\UniversitySOS uit e l 80-d esk .d ocx
Planning
From:
Sent:
To:
Subject:
Linda Matulich <matulichl@aol.com >
Wednesday, September 28, 2016 9:48 AM
Planning
Conditional Use permit Application U -16-004
First, I would like to say that as a resident and merchant, I agree we need to encourage the development of
downtown businesses to continue to draw patrons to the downtown area. But, as many of us know the
parking downtown has become an issue that cannot be ignored . Old Town already blocks the underground
parking lots until 10am on a daily basis so these parking slots are not taken by employees, shoppers and other
merchants of businesses in the immediate downtown. The proposed plan asks for 60 additional seats.
Calculating that there would be a maximum of four in a car to a minimum of two per car would mean there
would be an additional 15 to 30 cars parking in the Old Town parking lots or spilling over to the other lots,
which are already at capacity. The streets surrounding the areas are at capacity as well. There used to be
guidelines as to how many parking spaces were required for a business to have in order to be able to develop
or enlarge their capacity. We need to look at this request and take into consideration the effect it will have on
the downtown as a whole .
In regards to the music, there needs to be regulation and enforcement of the volume of the entertainment.
When Cal Cafe had outdoor entertainment or Old Town has had outdoor music in the past, it could be heard
across the street to Elm as well as Mullen and University Ave . This was not muted music, but loud enough to
hear the lyrics being sung. As a business in Old Town we have actually received calls from other business and
comments from our guests as to why the music is so loud, it is heard across the street and in the residential
area of University Ave . Again, I think this could bring customers to our downtown but needs to be properly
regulated. Cal Cafe is currently empty. What happens when they open and both businesses decide to have
outdoor music at the same time. The close proximity of the businesses needs to be taken into consideration as
well. I have walked downtown while Palacio had outdoor music and it could be heard from a block away. As
someone who used to live on a street close to the downtown, we could frequently here the music from any
outdoor entertainment. This also included Jazz in the Plazz.
Can the area surrounding Old Town, as well as Old Town Parking lots, provide enough parking for the request
and how will the mu sic volume be regulated?
Again, I am not against either of the two items being submitted for approval. I am interested in the size of the
reque st and how the music is going to be regulated.I would like the council to consider the request being
submitted for sixty additional seats since it can effect the entire surrounding areas of the downtown as well as
re sidential area on University Ave. We need to take into consideration all aspects this request may have on
the downtown as a whole, as any requests approved now will have an effect on future requests and the
development of the downtown and surrounding business area s within the town limits.
Linda Matulich
EXHIBIT 1 2
l
This Page
Intentionally
Left Blank
r'
RECOMMENDED CONDITIONS OF APPROVAL FOR:
50 University Avenue
Conditional Use Permit U-06-07
Requesting approval to have live entertainment and events in the amphitheater and in patio
areas within the Old Town Shopping Center on property zoned C -2:PD:LHP. APN 529-02-044
PROPERTY OWNER/APPLICANT: SRI, Old Town, LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT :
(Planning Division)
1. APPROVAL: This use shall be operated in accordance with all of the conditions of approval
listed below. Any changes or modifications shall be approved bytheDirectorofCommunity
Development, Development Review Committee or the Planning Commission, depending on
the scope of the change(s).
2. EXPIRATION: Zoning 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. TERMINATION OF CUP. The Conditional Use Permit shall terminate when there is a
change in ownership of the property.
4. PERMITTED USES. This approval applies to the commercial development known as Old
Town (APN 529-02-044) and allows certain events to be held throughout the year at the Old
Town Shopping Center without applying for a Special Events Permit. Attachment A
provides the list of the allowed events. The events are limited pursuant to this Conditional
Use Permit and a Special Events Permit is not pennitted for additional events sponsored by
Old Town. A nonprofit group may request a Special Event Permit to use Old Town property.
5. LOCATION. All events shall occur on Old Town property limited to the following
locations: the amphitheater, the wood deck area adjacent to the front parking lot and the
pedestrian courtyard adjacent to Steamers Restaurant.
6. CIRCULATION. No event shall obstruct vehicular and/or pedestrian circulation.
7. VENDORS/PUSHCARTS. Vendors and pushcart operators shall obtain the required
business licenses and/or temporary pushcart permit pursuant to Chapter 14 of the Town
Code.
8. LIMITATION. Only one event at a time is permitted. No more thaa eight 0'fent days
shall be held per month. A maximum of 36 0't'ent days are permitted per ealendar year as
defined in Attachment A of these conditions def mes the limitation of the event period.
9. FEE. No fee shall be charged for an event. Request for donations are acceptable for
charity/nonprofit events .
10. ALCOHOL. There shall be no alcohol for any event.
11. HOURS OF OPERATION. The maximum hours of the event(s) shall be from 10 A.M.
to 9 8 P .M. S0'1en days a week pursuant to the days and months outlined in
Attachment A of these conditions. Maximum hours for musical entertainment shall be
from 11 :00 AM to 9 8 PM s0'.'en days a week pursuant to the days and months
outlined in Attachment A of these conditions. These hours do n ot include setup or
cleanup.
12 . NEIGHBORHOOD NOTIFICATION. Old Town shall provide written notice to property
owners and occupants wi thin at least 500 feet of the site that they are permitted to host
EXHIBIT 1 3
events throughout the year. The notification boundary shall extend up University and
Edelen Avenues to Highway 9. A copy of this notice shall be provided to the Town.
The notice shall include a local phone number to call if an issue arises during an event.
This notice shall be sent only one time and must be sent within 60 days of the approval of
this conditional use permit or not less than ten (10) days prior to holding the first event.
The noticed area shall be approved by the Town . Old Town shall work with the Chamber
of Commerce to provide contact information in the Chamber's newsletters .
13 . SIGNS. A maximum of two on-site temporary event banners are permitted upon
approval of a sign permit. One banner may be placed on each side of University A venue
on Old Town property. Each sign shall not exceed 12 square feet in area. The banners
must be affixed to the building and shall face parallel to the street. The banners may not
be erected more than fourteen (14) days prior to the event and shall be removed within
twenty-four (24) hours after the event.
14. ONE YEAR REVIEW. Town staff shall review the Conditional Use Permit within one
year 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.
15. AD HOC COMMITTEE. An ad hoc entertainment committee shall be formed
consisting of the Old Town Special Events Coordinator and residents of the
adjoining neighborhood. The committee shall meet at least quarterly, or as issues
arise. Old Town shall maintain a record of complaints and their response or action
to these complaints. This record shall be made available to Town staff upon
request.
TO THE SATISFACTION OF THE CHIEF OF POLICE
16. SECURITYffRAFFIC . The applicant shall contact the Police Chief sixty (60) days prior
to an event to determine if additional on site security and/or traffic control is necessary
during the event. Depending on the event, the Police Chief may require the hiring of
Police Officers at the applicant_'s expense.
17 . NOISE. Amplified entertainment is not permitted. There shall be no amplified,
electric or percussive music. Noise levels shall comply with the provisions of the Noise
Ordinance as set forth in Section 16 .20 .040 of the Town Code.
Attachment
N :\DEV\CONDITNS\2007\0LDTOWN .DOC
, ., r
(
Event Type Use Definition Event Period H ours of
Operation
General Live unarnplified July through 11 :00 AM to 8:00
Entertainment background music. August and PM
There shall be no November and
amplified, electric or December.
percussion music. Saturdays and
Sundays only.
Holiday Strolling musicians, One, two-day 10:00 AM t o 8:00
Santa, food event, in November PM
sampling, story time or December.
and chef
demonstrations.
Nonprofit Work with nonprofit One-day event, 10:00 AM to 8:00
organizations to twice a year. PM
provide receptions,
art and craft
exhibits, and
appetizers.
N:\DE V\CONDITNS\2007\oldtown.a.doc
LOS GATOS PLANNING COMMISSION 9/28/2016
Item #5, 50 University Avenue, Suite 180
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Mary Badame, Chair
D. Michael Kane, Vice Chair
Melanie Hanssen
Matthew Hudes
Tom O’Donnell
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(510) 337-1558
ATTACHMENT 3
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P R O C E E D I N G S:
CHAIR BADAME: Item 5, 50 University Avenue,
Suite 180, a.k.a. Wine Cellar, Conditional Use Permit U-16-
004, requesting approval to modify an existing Conditional
Use Permit for a restaurant, Wine Cellar, to allow for an
increase of 60 additional seats, to modify the distribution
of existing seating, and to allow entertainment before
10:00pm on property zoned C-2:LHP:PD, APN 529-02-044.
May I have a show of hands from Commissioners who
have visited the site? Any disclosures from Commissioners?
I would disclose that I ate there last night.
VICE CHAIR KANE: Did you pay the bill?
CHAIR BADAME: Yes, I paid the bill. No,
actually, someone else did that resides in my household.
Ms. Puga, I understand you’re providing us with a
Staff Report this evening?
JOCELYN PUGA: That’s correct. Good evening,
Chair and Commissioners.
The subject site is located on the east side of
University Avenue, approximately 500’ north of West Main
Street. The existing tenant, Wine Cellar, has occupied the
space since 1965.
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The Applicant is requesting to modify their CUP
to permit an increase of 60 seats, to modify the
distribution of the existing seating in the restaurant, and
to allow entertainment before 10:00pm.
The Applicant is proposing a 2,661 square foot
expansion to the existing 3,186 square foot restaurant to
allow for the creation of the two new private dining rooms
with a total of 60 seats, for a total of 200 seats for the
restaurant. A portion of the area proposed for the
renovation is currently used as storage, electrical, and
maintenance area. The remaining area proposed for the
renovation is vacant space that was formally occupied by a
retail tenant, Borders.
The two new private dining rooms would utilize
the same existing hours of the restaurant, which are
11:00am to 2:00am Monday through Friday, and 9:30am to
2:00am Saturday and Sunday.
The existing and proposed use requires one
parking space for every three seats. The existing property
has credit for 464 spaces in the Parking Assessment
District and provides 199 spaces onsite, for a total of 663
spaces. The proposed use requires 67 spaces and is in
compliance with the required parking.
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The Applicant is also proposing to modify
Condition 2 of Exhibit 4, which details the allowed
distribution of seating in the existing dining, bar, and
outdoor areas. The Applicant is requesting to decrease the
number of seats in the bar and dining areas in order to
increase the number of seats on the outdoor patio.
Lastly, the Applicant is requesting to amend
Condition 7 of Exhibit 4, which restricts entertainment.
The Applicant is requesting to amend the condition to come
into conformance with the newly adopted Late Night
Entertain Policy.
In conclusion, Staff recommends that the
Commission forward a recommendation of approval to the
Council, and that the proposed use complies with the
required parking and is in compliance with the Town’s
Alcoholic Beverage Policy.
This completes Staff’s presentation, and we’re
happy to assist the Commission.
CHAIR BADAME: Thank you, Ms. Puga. Questions of
Staff? Commissioner Hudes followed by Commissioner Hanssen.
COMMISSIONER HUDES: It talks about expansion and
it talks about conversion. Just to be clear, is there any
expansion of the envelope of the building?
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JOCELYN PUGA: There is no expansion of the
envelope of the building.
COMMISSIONER HUDES: Okay, thank you.
CHAIR BADAME: Commissioner Hanssen.
COMMISSIONER HANSSEN: I had a couple of
questions; the first one being what kind of community
outreach has been done? There are quite a few residences on
University, and we didn’t see any letters from people in
the community with the potential of there being music
outside and whatnot, so I just wondered what neighborhood
outreach had actually been done?
JOCELYN PUGA: Staff isn’t aware of any outreach
that the Applicant has done, but they can certainly speak
to that.
COMMISSIONER HANSSEN: Okay, so we can ask them
about that.
Then I had a question about parking. Even after
having been on the Transportation and Parking Commission,
and Chair yet, I still don’t understand the Parking
District. I think it’s just probably a clarifying question.
The property owner has 199 spaces onsite, and then they
have their share of the Parking Assessment District, which
is 464 spaces, but my questions is, is that 464 total or
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what they have left that they haven’t given to other people
already?
JOCELYN PUGA: That’s 464 total.
COMMISSIONER HANSSEN: What kind of record
keeping happens with their allocation of it? How do we know
that they have 20 spaces to give out of that 464?
JOCELYN PUGA: Staff worked with Federal Realty.
They provided us with all of the existing tenants, the
square footages, and Staff created a parking table for the
site. They have an excess of 193 parking spaces; my math
may be off on that.
COMMISSIONER HANSSEN: They have 193 left over
from their share of the Parking Assessment District. I ask
because one of the comment letters we got was about parking
and it always being full, so I just wanted to make sure we
had done our homework on that.
JOCELYN PUGA: And that’s a correction. It’s 152
parking spaces extra.
COMMISSIONER HANSSEN: That they had left out of
their 464 to give to new applications, okay.
CHAIR BADAME: Commissioner O'Donnell.
COMMISSIONER O'DONNELL: I have two questions.
One relates to the parking across the street. Both sides of
the street are owned by Federal Realty, is that correct?
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What time does the downstairs parking close across the
street?
JOCELYN PUGA: I can’t answer that question. The
Applicant, when they speak, may have that information for
you.
COMMISSIONER O'DONNELL: Part of the reason I ask
is I’ve eaten over there. I’m not out until 2:00 o’clock in
the morning, but certainly they seem to be open till 10:00,
which is more like my bedtime. I want to know what time
they close, because if these folks are open till 2:00am, it
would be helpful if that parking across the street is open
around the same time.
Secondly, just to confirm, the amplified music
we’re talking about here is outside and inside?
JOCELYN PUGA: That’s correct.
COMMISSIONER O'DONNELL: Because recently we had
the same question arise over the block, and we’ve required
that they do a sound study, because the neighbors for years
now have objected to illegal amplification, and they’re
worried they’re going to object to any kind of
amplification. The letter we received—I think it was today—
from Linda Matulich was a very, very good letter, and it
raises that question that I have.
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The reason I’m saying that now is I take it when
the Town Council approves the new regulations here, nobody
really knows what the sound will be, except that we have a
Sound Ordinance that is stricter after 10:00pm, as I
recall, than before 10:00pm, but it’s not self-executing;
it requires somebody with a sound meter to check it out.
Can I find out how many people we have in the Town do those
kinds of things?
ROBERT SCHULTZ: I have my own sound meter.
COMMISSIONER O'DONNELL: Is code enforced at
10:00?
ROBERT SCHULTZ: Code Enforcement has theirs, and
has two, so that’s probably where the three major ones are.
The police might have another one. I can say without a
doubt that amplified music, even though they are allowed to
do that, they would not be able to outside—no one would—
without violating our Noise Ordinance any time of the day
or night. It’s not going to pass. Our Noise Ordinance is
very strict as to the decibel levels.
COMMISSIONER O'DONNELL: You’re confusing me. If
I understand you correctly you’re saying what they’re
asking for, if they do it, they’ll be in violation of our
Noise Ordinance.
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ROBERT SCHULTZ: The Entertainment Policy before
10:00pm is by right, and it says you can have
entertainment; it doesn’t really differentiate between
amplified or non-amplified, it just says you need to comply
with our Noise Ordinance, and I can tell you, amplified
music won’t comply with our Noise Ordinance outside; you’d
have to be inside for amplified music.
CHAIR BADAME: Isn’t there a certain decibel
level?
ROBERT SCHULTZ: Yes.
CHAIR BADAME: So it would not matter what
exceeds that?
ROBERT SCHULTZ: Yes.
COMMISSIONER O'DONNELL: Refresh my recollection.
We do know that with the new ordinance—whether “ordinance”
is the right name for it—that we have factual situations,
one of which was if the existing use already had a
restriction on amplified sound, and remind me, does this
have that restriction?
JOCELYN PUGA: It does have a restriction on
amplified music.
COMMISSIONER O'DONNELL: Therefore it did seem to
me on the last matter we had that that means we will not
violate the policy if we say no, is that correct?
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CHAIR BADAME: That is how I understand it.
JOEL PAULSON: If the Commission is concerned
about outdoor amplified music, then that could certainly be
part of your recommendation, that that not be permitted.
COMMISSIONER O'DONNELL: Okay, thank you.
CHAIR BADAME: Commissioner Hudes.
COMMISSIONER HUDES: I’m trying to make sense out
of the document Exhibit 13 in the Desk Item 5, so maybe you
could orient me to this. This seems to be a Conditional Use
Permit for the entire Old Town, and it refers to some
things, and I’m trying to understand how that applies to
this particular application. A couple of things to point
out in here, it talks about how many events at a time can
be held, but also on 17, it says, “Noise: Amplified
entertainment is not permitted. There shall be no amplified
electric or percussive music.” So how does that relate to
the discussion we’ve had, and how does this document relate
to what we’re considering?
JOEL PAULSON: That document was provided because
I had a recollection that I couldn’t confirm or deny when I
met with the Chair and Vice Chair, so we wanted to provide
that to you for background information. That is a
Conditional Use Permit for Old Town as a whole, so that
does have the provision in there that no amplified sound is
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permitted. It also specifically relates to the
amphitheater, which is in the back, and the patio area next
to Steamer’s, and then also the wood deck adjacent to the
parking lot on the opposite side. So we just really wanted
to provide that to you for background information. Again,
if the Commission is concerned about entertainment
outdoors, then that can be part of the recommendation, that
that not be permitted as it moves forward to Council.
COMMISSIONER HUDES: I guess does the Applicant
need to fall under Point 17, which says, “There shall be no
amplified electric or percussive music.”
JOEL PAULSON: That CUP does not apply to the
specific space.
COMMISSIONER HUDES: So it applies to the common
areas or the other areas within Old Town, but not to the
space?
JOEL PAULSON: Correct.
CHAIR BADAME: Let me just say something very
quickly. I appreciate Commissioner O'Donnell’s earlier
concerns; I share those. I would like to commend the letter
that we got, Exhibit 12, from Linda Matulich. It actually
addressed a few concerns that I had that I was going to
bring up, that I’m sure that we’ll have a lively discussion
on.
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But real quickly, since this expansion will go
into part of the space that was occupied by Borders, which
was a retail space, does Ordinance 2021 come into play at
all?
JOEL PAULSON: Frankly, we hadn’t thought about
that. That’s an interesting point. Ordinance 2021, you can
use that as part of your discussion. That’s a great point.
Thank you.
CHAIR BADAME: All right, so I will just remind
the Commissioners that Ordinance 2021 discourages
replacement of retail use with restaurant use, so the
expansion of Wine Cellar would be going into an area that
was occupied by retail.
JOEL PAULSON: I would just offer that obviously
the space they’re going into wasn’t Borders retail
component, it was the storage for Borders, so just to have
that distinction.
ROBERT SCHULTZ: It would be impossible for that
space underneath to be taken by retail, I guess, that would
be successful, because you are underground. Borders used it
just as its storage area.
CHAIR BADAME: Commissioner O'Donnell.
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COMMISSIONER O'DONNELL: The new restaurant
that’s going to open where the California Café was, will
that be operating under an existing use permit?
JOEL PAULSON: Correct.
COMMISSIONER O'DONNELL: And does that use
permit—we just kind of discussed it—prohibit outside
amplified sound?
JOEL PAULSON: We’ll have to take a look at that.
We can probably pull that up on the Town Attorney’s iPad.
COMMISSIONER O'DONNELL: If you can’t find it
right now, it’s okay, but one of the points that was made
here was if you have two of these users having amplified
sound, one is going to be in violation of the Noise
Ordinance and the other is going to be in violation of the
Noise Ordinance, and together they’re going to have
wonderful music.
CHAIR BADAME: It can be dueling banjos. That’s
entertainment. Commissioner Hanson, and then followed by
Vice Chair Kane.
COMMISSIONER HANSSEN: I just had a couple of
process or numbering questions that were in our packet.
First of all was the Conditional Use Permit
application number. The one that we’re being asked to
approve is U-16-004, but the one that was approved in
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Resolution 2005-092 is for Conditional Use Permit U-3-7. Do
we normally change the number of the use permit when we
modify it? Okay, so that’s one question.
Then on Exhibit 2 where is says, “Required
compliance with the Planned Development Ordinance 2234,” it
says, “The Conditional Use Permit is in conformance with
Planned Development Ordinance 2025.” Which one is it? It
says two different numbers.
JOCELYN PUGA: That’s a typo. It should be
Ordinance 2025.
COMMISSIONER HANSSEN: So our findings should be
that it’s in compliance with the PD Ordinance that’s in
place for that property, 2025?
JOCELYN PUGA: It is, and it’s also included as
Exhibit 6, for reference.
CHAIR BADAME: Vice Chair Kane.
VICE CHAIR KANE: We are recommending to Town
Council approval or disapproval of the request for change
in the CUP. Will that recommendation or the action of the
Town Council itself result in a resolution?
JOEL PAULSON: The CUPs, we haven’t had one up
there for a while…
VICE CHAIR KANE: I’m looking at 2005-092,
“Resolution Town Council approving request to modify a
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CUP.” It goes on and on and on. But the reason I’m asking
is because the resolutions seem to be multifaceted and
quite comprehensive, and we’re bringing up concerns tonight
where I think we should articulate suggested bullets or
items for that resolution, instead of saying yes or no. I
found a bunch of them in that letter from Linda Matulich,
who everyone is referring to—we’ve got to find out what she
does—and one of the things she said was, “If we approve
this and the new establishment going where California Café
was, are they going to be playing acoustical guitars and
making noise at the same time?” What occurs to me is since
we’ve uncovered the original 2007 CUP for Old Town, we
could have three bands operating simultaneously about three
feet apart from each other lawfully, unless the ordinance
covers such a condition with restrictions, conditions, or
whatever. I can’t really put my finger on Linda’s letter.
CHAIR BADAME: It’s Exhibit 12.
VICE CHAIR KANE: Thank you.
CHAIR BADAME: I believe it’s just a new policy,
so it doesn’t have restrictions.
VICE CHAIR KANE: It’s a one-page letter.
CHAIR BADAME: I have it. What is your question?
VICE CHAIR KANE: She makes reference to…
CHAIR BADAME: The close proximity…
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VICE CHAIR KANE: “But as many of us know,
parking is a big issue. Old Town already blocks the
underground parking lots until 10:00am on a daily basis, so
these lots are not available to employees, shoppers and
others.” I know you’re not her, and I don't know if she’s
present or not, but what does she mean, “Old Town already
blocks the underground parking lots”? Do you have any idea?
JOEL PAULSON: Getting back to Commissioner
O'Donnell’s previous comment or question, which was do they
close down the underground parking at some certain time, it
sounds like they must close it at some certain time and
then they don’t reopen until 10:00am; it’s their private
parking lot. So the underground parking garage doesn’t open
until 10:00am, is what Ms. Matulich is saying.
VICE CHAIR KANE: Who blocks it?
JOEL PAULSON: The property owner.
VICE CHAIR KANE: They can do that?
JOEL PAULSON: It’s their property.
CHAIR BADAME: It’s their property.
VICE CHAIR KANE: You should look into that. It
doesn’t make any sense at all.
CHAIR BADAME: I have a question for Staff. The
Staff Report, page 3, the prior denial for entertainment
was based on the Applicant’s inability to compromise, and
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you say to refer to Exhibit 4. I’m used to Council and
Planning Commissioners making findings, not let’s make a
deal and let’s negotiate. They obviously had to have made
some findings at that time that had to do with the
Conditional Use Permit findings, would that be correct? And
those same findings would probably apply today?
JOCELYN PUGA: That language was taken from the
resolution directly, page 2 of Exhibit 4. We don’t have the
minutes for that Town Council meeting to understand what
that conversation or how that came about; we just have the
Staff Report and the resolution, which Staff reviewed and
researched to include that in the Staff Report.
CHAIR BADAME: So then would it be reasonable to
conclude that the Council in 2005 made specific findings to
deny based on Section 29-20-190 of the Town Code?
JOEL PAULSON: We would hope that they made
specific findings; I can’t confirm that. What we can do if
this moves forward to the Town Council is we can go through
the Clerk’s files and get their probably at that time
action minutes and see if there is any further
clarification as to the action that was taken back then.
CHAIR BADAME: A couple of other questions real
quick. Page 4 of the Staff Report refers to Exhibit 11 for
Entertainment Policy. Should this have been Exhibit 10?
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JOCELYN PUGA: I’m sorry, where were you
referencing?
CHAIR BADAME: Page 4 of the Staff Report refers
to Exhibit 11 for Entertainment Policy. Should this have
been Exhibit 10?
JOEL PAULSON: Yes.
CHAIR BADAME: A couple of other things. If the
CUP modification is granted and you have the two new dining
areas described for private events, could they essentially
be D.J. and dancing on a nightly basis if we approve the
application as is?
JOCELYN PUGA: Yes, the Entertainment Policy
permits that as a use of entertainment.
ROBERT SCHULTZ: Before 10:00pm. After 10:00pm
they would need an Entertainment Permit to allow for a D.J.
after 10:00pm.
CHAIR BADAME: A couple more questions, if the
Commissioners don’t mind. Should the CUP be granted and
noise complaints follow, can you walk me through the
process of regulation and enforcement?
ROBERT SCHULTZ: Our Noise Ordinance specifically
states that the first time there is a noise violation a
warning is given, and then the second time is a fine of
$100. It goes up to $250, then to $500, and then to $1,000.
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Probably at some point in time during that period
though, if there were repeated violations, there would be
discussions with the homeowner. Our Code Enforcement Policy
talks about voluntary compliance and working with
homeowners and businesses, so we’d probably work out a
solution to that to make certain that they were not
violating our Noise Ordinance, and you’d be able to do that
by knowing what that level is. Our Entertainment Policy
discusses requiring, if there is this type of thing, of
actually having them obtain equipment so that they can
monitor it themselves and know exactly what that level is,
if in fact that situation occurred.
CHAIR BADAME: What would happen if the Town got
a complaint, and it’s loud, and maybe a dispatcher can even
hear it in the background, and when the Code Enforcement
officer goes out, all of a sudden the music gets turned
down. Do you take the word for it? What’s the
documentation?
ROBERT SCHULTZ: The best would be having sound
meter readings, but we could also write a citation just
based on if it was that loud and the dispatcher could hear
it from City Hall all the way—in this example—from Wine
Cellar, we could base that on the ability that it had to be
over the dB level.
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CHAIR BADAME: I would say the dispatcher over
the phone, not necessarily from City Hall. Further
questions from Commissioners? Vice Chair Kane.
VICE CHAIR KANE: I’m guessing in part it may not
be relevant, but the request we have here is as a result
perhaps of the new Entertainment Policy?
JOEL PAULSON: I’ll provide a little
clarification. The request we have here is to expand the
restaurant, add 60 seats, and modify the allocation of
their distribution of those seats. Because the Late Night
Entertainment Policy was adopted Staff recommended that
they ask for that. They may be more than happy to either
stick with what they have from an entertainment
perspective, or be restricted to just indoor. Those are
things that you can work through with the Applicant, but
they had not originally requested a modification to the
entertainment condition.
VICE CHAIR KANE: The reason I asked is should we
anticipate more applications consistent with the pro-
economic vitality expressed clearly in the new
Entertainment Policy, and if we should, then we should be
real careful on the recommendation we give on this
application.
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JOEL PAULSON: That’s clearly possible, and to go
back to the previous question about California Café, they
do not have a condition that restricts entertainment, so
they can use the Entertainment Policy that currently exists
and they do not have to come back for modification, so that
is possible. I don’t believe we have any other current ones
that I can recall in the pipeline, but I would imagine that
it would be limited to that list of CUPs that specifically
have conditions relating to entertainment.
VICE CHAIR KANE: And remind me, none of those
currently provide for amplified music; they’re mostly
acoustical. They’re all acoustical or other, but none of
them are amplified right now.
JOEL PAULSON: I’m not sure that’s accurate. We’d
have to take a look.
VICE CHAIR KANE: I can’t think of a place where
we’ve got amplified music outside.
JOEL PAULSON: Outside? That may be a different
conversation.
VICE CHAIR KANE: (Inaudible).
JOEL PAULSON: Yeah, that could very well be.
VICE CHAIR KANE: My last is Commissioner
O'Donnell mentioned we had a somewhat similar case recently
as we had a whole lot of concern from the neighborhood. On
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this item, other than Linda’s famous letter, have we
received any letters of protest from the community?
JOCELYN PUGA: That’s the only public comment we
received on the application.
VICE CHAIR KANE: And hers isn’t even negative,
it’s I’m not sure about this, but I sure hope you enforce
the Noise Policy, et cetera, but we have nothing from
anybody saving please don’t do this?
JOCELYN PUGA: No, we have no other public
comments.
VICE CHAIR KANE: Thank you.
CHAIR BADAME: Commissioner O'Donnell.
COMMISSIONER O'DONNELL: Just so I understand the
impact of the new ordinance, as you said, there are three
possible situations, but lumping the first two together,
for example, at Old Town the new restaurant for where
California Café is, under just the ordinance they wouldn’t
have to do anything, they could have amplified or
acoustical music outside up till 10:00, is that right?
JOEL PAULSON: Correct.
COMMISSIONER O'DONNELL: So just by happenstance
in a sense, the Applicant tonight has a use permit that
says they can’t.
JOEL PAULSON: Correct.
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COMMISSIONER O'DONNELL: I can imagine there will
be a lot of unhappy people that happen to have a
restriction versus people that never even thought of it and
don’t have a restriction, so that’s the inconsistency that
can exist?
JOEL PAULSON: Correct.
COMMISSIONER O'DONNELL: Okay, thank you.
CHAIR BADAME: I would just like to point out,
maybe you can clarify for me, I believe this is a Council
policy rather than an actual ordinance, is that correct?
JOEL PAULSON: That’s correct.
CHAIR BADAME: So being that it’s a policy and
not an ordinance, explain the difference if there were
possibly to be some amendments made to the policy.
JOEL PAULSON: If there are amendments made to
the policy, then applicants or property owners would have
to abide by whatever has changed.
CHAIR BADAME: But what would be the process for
a policy amendment as opposed to an ordinance amendment?
ROBERT SCHULTZ: An ordinance takes an
introduction and second reading, and a policy can be
changed at one meeting.
CHAIR BADAME: Commissioner O'Donnell.
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COMMISSIONER O'DONNELL: I apologize, you may
have asked this and unfortunately I was talking out of
class, but what is the effect of a policy versus an
ordinance? In other words, we’re aware of the policy. Does
the policy nevertheless have a binding effect on the
Planning Commission?
ROBERT SCHULTZ: Yes.
COMMISSIONER O'DONNELL: Okay, thank you.
CHAIR BADAME: One last question, back to that
regulation and enforcement, because I’m interested in that
field for a number of reasons, where would one take the
measurement if there were a noise complaint, from the
property line? For example, at Old Town, where would you
take that measurement?
ROBERT SCHULTZ: From our Noise Ordinance it’s
taken from the property line. In this case it would
actually be taken probably from the tenant space, not from
all the way out, it would be taken from the tenant space.
That’s why it’s very difficult in this situation that would
allow and meet our ordinance for entertainment outside. It
would be very difficult, it would be a very low plane to
make that dB; it’s not easy.
For example, I’ll give you the differences. I
know Toll House is in there. They have to comply with 61.
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You’re allowed 8 dBs over that, so that can go to 68 dB.
Because we did a contract, Jazz in the Plazz allows for 98
dBs; 300’ from the park is where we measure, because we
knew there were going to be exceedances. So they have 98 at
300’, whereas this business is going to have to comply with
68 dB right next to the microphone.
COMMISSIONER O'DONNELL: Just for the record, I
happen to live maybe 500’ or 1,000’, and when they have
music on the lawn here, I don’t want to know what the dB
is, but very loud, very loud.
ROBERT SCHULTZ: We knew that it was incapable of
meeting our Noise Ordinance, because it is very strict, so
we wrote a contract to allow for it so you didn’t have a
concern of being in violation of the Noise Ordinance.
COMMISSIONER O'DONNELL: It is interesting. We
now have a policy that is incapable of compliance. That’s
really kind of neat.
ROBERT SCHULTZ: I would say there are some that
can. Palacio, which you could have farther back in the
patio area, they’ve been having a little bit of jazz, and
since it’s farther back a measurement there is very close
to being allowed very low.
COMMISSIONER O'DONNELL: You’ve heard the
testimony, and I’ve heard them, on Palacio, not only the
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sound of the music but the language used, so this is a very
interesting policy.
CHAIR BADAME: Commissioner Hanssen, did you have
your hand up?
COMMISSIONER HANSSEN: I did. That was part of my
question. I remember talk about Palacio in the last
hearing, and then it came up again tonight. Is there any
other restaurant that is currently doing outdoor music?
Right now what we’re struggling with is not having a lot of
feedback on that, and then once you make the change to the
CUP its permanent.
JOEL PAULSON: I’m not aware. Unfortunately,
Monica Renn wasn’t able to be here this evening. I will
throw in that when the Council initially adopted this
policy they requested a review, and that review will be
taking place next Tuesday at the Council meeting, just for
the Planning Commission’s information.
But other than Palacio, which I’ve heard of, I’m
not sure. What I would say is that there are a number of
restaurants, and it could even be just a regular retail
establishment of a personal service business that could do
outdoor entertainment up until 10:00pm, as long as they
comply with the Noise Ordinance.
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COMMISSIONER HANSSEN: As far as we know, the
only people that have complained is about the Palacio at
this point in time?
JOEL PAULSON: I’m not even sure that we’ve
received complaints to either police or Code Enforcement.
COMMISSIONER HANSSEN: Officials, yeah, okay.
JOEL PAULSON: Correct.
ROBERT SCHULTZ: There have been no complaints to
Code Enforcement or to police.
COMMISSIONER O'DONNELL: That’s true, but there
was testimony at the Toll House by a person speaking
against the Toll House citing that she lives apparently, or
did live, near the Palacio. She testified one, as to the
volume of noise, and two, as to the language used, which I
understand was rap music, and unfortunately I suppose most
of us are aware of some of the language of rap music, so
that’s in the record, but you’re right, that was not a
formal complaint.
CHAIR BADAME: All right, any further discussion?
Seeing none, the Applicants have been waiting patiently, so
I will now open the public portion of the hearing and allow
the Applicant and their team ten minutes to address the
Commission. I have cards for Mark English, Steve Hauck, and
Lisa Hauck-Alvarez as the applicants.
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STEVE HAUCK: We’re not interested in doing
outdoor music, so hopefully that helps you sit down a
little easier over there.
COMMISSIONER O'DONNELL: Thank you.
STEVE HAUCK: You’re welcome. I’d just like to
open by saying we appreciate the opportunity to present
this formally to all of you tonight, and we really
appreciate the great job that the Staff did putting this
together. I’m sure it took a lot of work, so great job,
thank you.
I’m not sure exactly, but I think you all know
what our business plan is. Many of you have eaten at our
restaurant in the past, and hopefully you enjoyed it. If
you didn’t, I’d like to hear about it. We would like to
incorporate some adjacent spaces into our business to
better accommodate a lot of the calls that we receive for
banquets, corporate, private, and so forth.
You kind of got me with all this discussion
earlier. You woke me up a bit, so thank you for that.
I’d just like to remind everybody that the center
has lost two restaurants in the past that it reopened with
after 1997 and the remodel, and that is the Borders café
and Oakville Grocery, so those got swallowed up into
retail, and I just wanted to remind you of that. I don't
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know if there is also a reverse ordinance that prevents
restaurants to become retail, is there? No, okay. All
right, just wanted to clarify that.
Also, it seems that the intent—and correct me if
I’m wrong—of the retail to restaurant—is it an ordinance,
what is that?—was to prevent desirable street front retail
from becoming a restaurant, so that would kind of change
the character of the Town potentially, and I understand
that and I can appreciate that, but I don’t think that’s
the case here.
I would also like to say I appreciate Steamer’s
letter. I recognize that they are competition for us, but
it seems we have a pretty amicable relationship. We also,
I’m sure, have the same concerns about parking and so
forth.
It just is kind of ironic that they’re probably
one of the first violators of the outdoor music… For years
they played music right on the sidewalk blasting out,
(inaudible) and so forth, but now they can’t because they
don’t really have a space to accommodate it, so I
appreciate that they’ve kind of changed their mind about
that, because it’s a bit annoying to me as well.
Lastly, with respect to the Sound Ordinance, it
seems that the only people that really violate the outdoor
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sound ordinance is coming on City property, which is a bit
ironic, but everybody enjoys themselves and has a good
time, so I guess it works, right?
As far as parking, what I’ve noticed over the
last 15 years since we reopened is it’s a lot less
congested than it used to be. Fifteen years ago I had to
park at the baseball field to get to my store anywhere
close to a weekend, and now you can pretty much park
wherever you want, so I don't know if there’s a slow down,
or if a lot of people are taking Uber, or where their
business is coming from.
In addition to that, as far as banquets and so
forth, I see a lot of buses coming in—a lot of corporations
have their own busing, and if they don’t they rent a tour
bus—and they drop people off. I’ve seen it consistently
going into the California Café when they were in business;
hopefully that’s not why they went out of business.
Then also with the invention of Uber and Lyft and
so forth a lot of people are actually getting rides if they
plan on going out for the evening and having a few drinks.
They don’t want to drive home, especially if they’re local,
so they just an Uber, get a ride to our place, enjoy
themselves, and get a nice ride home.
Do you have anything to add?
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LISA HAUCK-ALVAREZ: Yeah, I actually just wrote
it down; I’m just going to read it.
I handle all the special events at the
restaurant. I’m Lisa, Steve’s sister. I’m one of the owners
of Wine Cellar as well. I handle all the special events, so
I get requests constantly for private rooms; that they want
to come to us to have a private room, not because they’re
just looking for a private room in general. I feel like we
haven’t been able to accommodate that except for within the
restaurant space, which isn’t always nice for the other
patrons that are coming, so we feel this addition would be
an asset not only to the people of Los Gatos, but also to
promote Los Gatos to people outside of the Town, because
when you have a banquet like that maybe the people that
booked the banquet are familiar with the restaurant, but
not often their guests. They have never been to the
restaurant or to the Town of Los Gatos, so it’s also
bringing business into the Town.
CHAIR BADAME: You still have time remaining. Mr.
English?
MARK ENGLISH: Mark English, architect. We don’t
have much architecture to talk about yet, but I did want to
characterize the spaces in the back that we are looking to
convert. Dining space 3 is really a half-level submerged in
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relation to the street and the homes across the street, and
dining room 2 is completely surrounded by crawl space and
mechanical space, so those are spaces that a retail outlet
would never be able to use. As a best and highest use it
would always be storage, or this much better use. Thank
you.
CHAIR BADAME: Thank you for the clarification.
Commissioner O'Donnell.
COMMISSIONER O'DONNELL: I wanted to ask you a
question about the parking. Do you know what time the
underground parking across the street closes?
LISA HAUCK-ALVAREZ: Yes, I do. 6:00am.
COMMISSIONER O'DONNELL: It closes at 6:00am? So
it’s really only closed from 6:00am till 10:00am?
LISA HAUCK-ALVAREZ: Yes.
COMMISSIONER O'DONNELL: Well, that puts that
issue to rest. Thank you.
CHAIR BADAME: Commissioner Hudes followed by
Commissioner Hanssen.
COMMISSIONER HUDES: Did you have a chance to
review the letter from Linda Matulich?
STEVE HAUCK: Yes, that’s the one I referred to
as Steamer’s.
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COMMISSIONER HUDES: Right, okay, and because
this came to us a bit late, I’m wondering if you had any
specific comments to that letter? Because I don’t think
there was time for you necessarily to respond to it.
STEVE HAUCK: Well, I thought I kind of covered
that earlier when I said that we have no intention of
playing outdoor music, which was her primary concern.
Parking, we all share. The landlord paid for that
parking, the parking is being utilized by the existing
spaces, and we’re just converting it to restaurant from its
existing space, so that parking already basically has been
or is already allocated to those additional spaces that
we’re incorporating.
COMMISSIONER HUDES: Okay, thank you.
CHAIR BADAME: Commissioner Hanssen.
COMMISSIONER HANSSEN: I wanted to ask you about
community outreach. Given what you said about not doing the
outdoor music, that would certainly take away a lot of the
objection from the neighbors. But you are close to quite a
number of residents, and any time you do an expansion you
would think you would want to make sure that the people
knew about it, and since it wasn’t part of the Town’s
process to do that, could you comment if the neighbors are
aware of your plans?
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STEVE HAUCK: Yeah, we’ve had a few neighbors
come into the restaurant recently and say that they’re in
full support of what we’re doing. I didn’t ask for a letter
from them. I could have, but I haven’t heard anything
negative thus far.
I have spoken with the closest neighbor. I don't
know his last name, but his first name is Dick; he has the
corner property right there on Edelen Avenue and he seemed
to be in favor of it as well. I walked him through the
whole project, and he’s in the real estate business and he
could appreciate it.
Also, we know that the Mayor is on Edelen, so I’m
sure she’ll have a few comments as well.
COMMISSIONER HANSSEN: Okay, that’s fine.
CHAIR BADAME: Commissioner O'Donnell.
COMMISSIONER O'DONNELL: Question to Staff. I
assume a notice went out as required by law, but what is
it, 300’ or 500’?
JOCELYN PUGA: Yes, we notice properties within
300’.
COMMISSIONER O'DONNELL: So there was notice
given within 300’. Thank you.
CHAIR BADAME: I have a question for you, the
Applicant. The basement dining area, will there be ingress
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and egress for the patrons to the rear parking lot, or to
the exterior auditorium space?
STEVE HAUCK: Yes.
CHAIR BADAME: Yes? So if you have indoor music
and you leave the doors open and people are going in and
out to the parking lot, which is right next to the
residential street, that could create a problem with the
noise as well.
STEVE HAUCK: Those would be used as emergency
exits, so they could be used to enter mainly by staff or
deliveries on the corner that’s adjacent to Edelen and
Mullen, so that’s a corner kind of stairwell, emergency
stairwell. We might use that as owners to enter or exit the
space in the evening when we leave just to kind of mix
things up in case we have a shady character hanging out
there waiting for us.
The entrance or exit that would face the
amphitheater, I suppose, yeah, people could use if they had
either a walker or wheelchair; they could use that ramp to
get up or they could use the elevator that’s also in the
common area, to access the front lobby.
CHAIR BADAME: I would be concerned. You’ve got a
restaurant, a bar, and music, which is kind of the
combination that makes for a lively atmosphere, and if you
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have somebody that has too much to drink in that area, they
might want to just stumble out that exit door, because rear
parking lots are a little bit more private, and there you
have the issue of hygiene with vomiting and urinating, et
cetera, and that would concern me and the neighbors.
STEVE HAUCK: That would concern me too, because
I’d be the one having to clean it up. If they stumbled out
the door then they would have to stumble up the stairs or
up a ramp just to get anywhere close to Mullen Avenue.
Those doors would probably be closed, used as an emergency
exit.
It was always encouraged by the Town for Old Town
Center to be using that amphitheater for something rather
than just a piece of concrete that sits back there. We may
choose to do a wedding or something like that, an event, a
dance recital, whatever, and incorporate that into our
event room. I think that would be great for the community,
and I don't know anything about vomiting.
CHAIR BADAME: I’m just saying if somebody had
too much to drink, and sometimes that happens at weddings;
it’s very festive and sometimes people get out of control.
Commissioner O'Donnell.
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COMMISSIONER O'DONNELL: I understand the
relationship of your restaurant to the amphitheater. Did
you have some legal right to that?
LISA HAUCK-ALVAREZ: Common area.
COMMISSIONER O'DONNELL: So it’s a common area
for everybody in the center?
STEVE HAUCK: We would have to go through the
landlord to get permission to use it, but yes.
COMMISSIONER O'DONNELL: Okay, because I almost
have never seen it used.
STEVE HAUCK: That’s right.
COMMISSIONER O'DONNELL: I was just curious.
STEVE HAUCK: So this could be a good opportunity
to actually utilize something.
COMMISSIONER O'DONNELL: The general use permit
then would cover that particular piece of property?
JOEL PAULSON: Correct.
COMMISSIONER O'DONNELL: Okay, thank you.
CHAIR BADAME: Any further questions for the
Applicant? Seeing none, thank you very much.
All right, I have one speaker card, so I will be
inviting Steve Chen for three minutes, and if you could
announce your name and address when you step up to the
podium.
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STEVE CHEN: Good evening, my name is Steve Chen,
I live at 118 Edelen Avenue; it’s within the 300’ of Wine
Cellar, so I did get the card, which is part of the reason
I am attending this session. My wife and I and our families
eat at Wine Cellar a lot and we enjoy the food there and
the restaurant a lot.
We’ve lived at Edelen for 25 years, so we were
part of that process when Old Town was struggling through
that whole remodel, and we do need businesses for the
community, so I know we need a balance, a tradeoff. You
can’t have a vibrant town without vibrant businesses, and
that’s why we live in downtown, so we need to make some
reasonable tradeoffs; that’s the way I always feel about
it. We live in downtown because we like to walk to dinner,
and so that comes with certain tradeoffs.
We fully support the application to expand. We
think it’s a reasonable tradeoff. That space down there, if
you’ve seen it, will never, never be retail, so there is no
real compromise that you’re making on the space. I think
since there’s no intent on the noise, that would be the
only concern of the neighbors, but since there is already a
process and rules in place, I don’t really see any
problems.
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I did chat with a couple of the neighbors,
including Dick, and we just heard about the remodel, so
part of the reason of coming was to see what it actually
was, because we weren’t sure exactly how they were going to
add 60 spaces, but at least the ones that I talked to
supported the effort.
CHAIR BADAME: Thank you. Questions? Seeing none,
thank you. Next speaker card is Michael Straits.
MICHAEL STRAITS: Hi, Commissioners, Michael
Straits. I’m with Federal Realty Investment Trust. Just
wanted to express the shopping center owner’s support for
this application. That’s it.
CHAIR BADAME: Any questions? Seeing none, thank
you. All right, the Applicant is now invited back for five
minutes to add any further comments regarding the
application.
STEVE HAUCK: I just want to reiterate that I
appreciate being able to formalize this application in
front of all of you, and again say thanks to the Staff for
doing such a wonderful job preparing it. There’s a lot of
detail in there and we appreciate all your care in putting
it together. That’s it.
CHAIR BADAME: Commissioner Hanssen.
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COMMISSIONER HANSSEN: I had a question for you
relative to your comment that you made at the beginning of
your original testimony. You weren’t interested in outdoor
music, so would you have an objection if we put that as a
Condition of Approval? We’re going to make a recommendation
to Town Council.
STEVE HAUCK: No objection to that whatsoever.
Also, I can’t say that this is a direct quote, but I do
remember having a conversation with the Mayor some years
ago when we were first applying for some entertainment
modifications, and she said, “You know what? I don’t care
what you play down there. You’re in a basement. We’re never
going to hear you, and if we do, we’ll let you know about
it.” But that was the kind of thing, she said, “I don't
care if you play rock music. I don’t care what’s going on
down there. If we can’t hear it, who cares? You’re not
breaking any laws.” So that was what I got from Mrs.
Spector.
CHAIR BADAME: Thank you. Any further questions?
Seeing none, thank you very much. The public testimony
portion of the hearing is now closed. Commissioner
O'Donnell has a question for Staff.
COMMISSIONER O'DONNELL: Two things. One, the
policy of converting retail to restaurant use versus what
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we provide on page 6 of the report concerning the
Redevelopment Plan, because that says this conversion is
consistent with the Redevelopment Plan, because the
restaurant is deemed to be a commercial use. I guess I just
need a little guidance. Would you refresh my recollection
on the question of conversion from retail to restaurant
use?
JOEL PAULSON: I think as the Town Attorney
mentioned before, and was mentioned I believe during the
testimony as well, the intent of that is to ensure that
street frontage retail businesses aren’t pushed out by
restaurants from a conversion perspective. I think you’ve
heard testimony this evening, and Staff would not disagree,
that this space is not a retail location, and I believe
that it could be found that Ordinance 2021 in this
particular instance does not apply, but if the Town
Attorney has any additional information.
ROBERT SCHULTZ: On top of that ordinance, 2021
wasn’t a complete prohibition; it just says it strongly
discourages the transfer from retail to a restaurant. In
this case I think there are findings that you can certainly
make that it’s not in violation of the policy.
CHAIR BADAME: All right, again, the public
testimony portion of the hearing is closed, so I look to
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Commissioners for any further questions, comments, or a
motion. Commissioner O'Donnell.
COMMISSIONER O'DONNELL: I’ll make a motion,
unless people have comments for questions. If they don’t, I
will make a motion that we find that the proposed project
is categorically exempt pursuant to Section 15301 of the
California Environmental Quality Act as adopted by the
Town, and we would make the required findings which are set
forth in Exhibit 2, which are required by Section 29-20-190
of the Town Code for granting a Conditional Use Permit. We
make the finding that the project is in conformance with
the Planned Development Ordinance 2025, and we would make
the required finding as required by Roman IV(b) of the
Redevelopment Plan for the Central Los Gatos Redevelopment
Project, that is meets the use set forth in the Town’s
General Plan, we recommend approval of the Conditional Use
Permit U-16-004 to the Town Council with the condition
contained in Exhibit 3, in development plans in Exhibit 11
We would also note the response to my recent
question of Staff, including the Town Attorney, on why this
does not violate the policy of converting retail to
restaurant, and in particular the Attorney’s comment that
specific findings could be made, and I think in this case
would be made, that even if the policy applied, which
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apparently it doesn’t, this use appears to be something
that should be done based on the facts we’ve listened to
and our knowledge of the center.
CHAIR BADAME: Vice Chair Kane.
VICE CHAIR KANE: I’ll second that motion. Would
the maker of the motion allow for line items, things that
the Council should consider that we’ve learned tonight?
COMMISSIONER O'DONNELL: Let me suggest this, and
I’ll ask whether this would satisfy you. This would be
sufficient to satisfy the Applicant, which I’d like to keep
as simple as possible. If we would also like to ask the
Town Council to address some other issues, I would suggest
we follow up after this motion with that request. I don't
know if that’s acceptable to you.
VICE CHAIR KANE: No, it’s acceptable. Or we can
submit the minutes.
COMMISSIONER O'DONNELL: All right, so I would
like to leave the motion, at least at the moment, as made.
VICE CHAIR KANE: That’s good.
CHAIR BADAME: Did we have a second? Vice Chair
Kane. I have a question with regard to your motion. So
you’re not putting a restriction on amplified music?
COMMISSIONER O'DONNELL: That’s because I forgot.
Good point. The motion should specifically say the
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Applicant is not asking for amplified music outside, and
none is to be implied; therefore we are not granting the
right to have amplified or acoustic sound outside. Thank
you very much.
CHAIR BADAME: Does the seconder approve of that
as well?
VICE CHAIR KANE: Yes, and the Applicant said
there would be no music outside, correct?
JOEL PAULSON: I could just offer that what Staff
will do, if this is okay with the maker of the motion and
the seconder, is Condition 7 as currently written would
start with, “Indoor entertainment before 10:00 is permitted
pursuant to the policy,” so outdoor would not be permitted.
VICE CHAIR KANE: Good.
CHAIR BADAME: Any further discussion? I would
just make the comment that based on the testimony provided
by the Applicant with the conversations that he had—you do
have a very nice restaurant, by the way—that I would be
supporting the motion. Commissioner Hanssen.
COMMISSIONER HANSSEN: I just wanted to comment
that especially now that they don’t want to have outdoor
music, I support the application as well and I think it’s a
good use for the space and good use for the Old Town
Center.
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CHAIR BADAME: All right, any further comments?
Seeing none, I will call the question. All in favor? Passes
unanimously.
Mr. Paulson, are there appeal rights of the
actions of the Commission on a recommendation that we are
making to Town Council?
JOEL PAULSON: There are not. Thank you.
(END)