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2011032107 - 217 N. Santa Cruz Avenue - Wine Bar Application Staff Reportyaw!+ 0 MEETING DATE: 03/21/2011 ITEM NO: ri r v' t >cao5 COUNCIL AGENDA REPORT DATE: FEBRUARY 28, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER r r� SUBJECT: CONDITIONAL USE PERMIT U -10 -020. ARCHITECTURE AND SITE APPLICATION S -11 -003. PROJECT LOCATION: 217 N.. SANTA CRUZ AVENUE SUITE B. PROPERTY OWNER: RUGANI FAMILY APPLICANT: JOSEPH MCCARTHY, JR. CONSIDER A REQUEST TO ALLOW EXTERIOR MODIFICATIONS TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED C -2. APN 510 -17 -091. PLANNING COMMISSION RECOMMENDATION After opening and closing the public hearing, it is recommended the Town Council: 1. Approve Conditional Use Permit U -10 -020 and Architecture and Site application. S -11 -003 (motion required); and 2. Adopt resolution approving a request to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2 (Attachment 2) (motion required). ALTERNATIVES Instead of the aforementioned actions, the Council may: • Approve the application subject to conditions recommended by staff (Attachment 3), or modified or additional conditions of approval (motion required); or • Continue the project to a date certain with specific direction (motion required); or • Remand the project to the Planning Commission with specific direction (Attachment 4) (motion required); or • Deny the application (Attachment 5) (motion required). PREPARED BY :. Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager own Attorney Clerk Administrator Finance / C unity Development N:\DEV\TC REPORTS\2011NSC217 altemate.doex Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 217 N. Santa Cruz Avenue Suite B/U- 10- 020/5 -11 -003 February 28, 2011 BACKGROUND The building was constructed in 1988 and the subject commercial space was previously occupied by a retail use (Crossroads Bicycles). Staff analyzed the project against the Town's Alcoholic Beverage Policy (ABP), the Town's policy regarding displacing retail uses with restaurant uses, and the Standards for Outdoor Seating. Town Council directed staff to revise the ABP to expand use categories beyond restaurant and bar. These revisions are anticipated to be completed this year. DISCUSSION A. Project Summary The applicant is requesting approval of a. Conditional Use Permit (CUP) to operate a wine bar and retail wine shop with outdoor seating, and approval of an Architecture and Site application (A &S) to allow exterior modifications. Although the A &S could be reviewed by the Development Review Committee separately, the A &S is associated with the CUP for outdoor. seating. Therefore, staff does not believe the applications should be bifurcated when making a decision on the matter. The proposal includes: • A retail area for wine and accessories • Wine and beer service • Food service available but not required • Twelve indoor seats • Six outdoor seats • Hours of operation: Sunday and Tuesday Wednesday and Thursday Friday and Saturday 11:00 a.m. to 9:00 p.m. 11:00 a.m. to 12:00 a.m. 11:00 a.m. to 1:00 a.m. Although the use includes a retail component and lacks built -in commercial cooking facilities, the late night hours emphasize the bar use. Moreover, the use would allow a new food and beverage establishment with limited retail use to displace a retail use. Staff recommended denial of the proposed project to the Planning Commission because the following aspects of the business proposal may conflict with Town polices: Hours of operation Displacement of retail space Establishment of a new stand -alone bar Please see Attachment 11 for additional information regarding the project and for a full analysis for the bulleted items above. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 217 N. Santa Cruz Avenue Suite B/U- 1 0-020/S-1 1-003 February 28, 2011 B. Planning Commission On February 9, 2011, the Planning Commission considered the subject application (see Attachment 9). The Commission discussed the request specifically regarding the ABP'S restriction of new bars and hours of operation, the Town's definition of restaurant and bar, and the displacement of retail space. See Attachment 9 for the Commission's fall discussion. The Planning Commission recommended approval of the proposal with modified conditions for hours of operation, outdoor seating separation, outdoor furniture, and delivery time limitations. The modified CUP conditions, included in Attachment 6, are as follows (deletions stricken, additions underlined): 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. 13. HOURS OF OPERATION: Maximum hours of operation are 11:00 a.m. to 9:00 p.m., Sunday and-- Tuesday and Wednesday 11:00 a.m. to 10:00 11:00 p.m., Wednesday and Thursday; and 11:00 a.m. to 10:89 1:00 a.m., Friday, Saturday, holidays, and evenings before. holidays. 14. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. The modified A &S conditions, included in Attachment 7, are as follows (deletions stricken, additions underlined, new conditions identified): 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. In addition, the Commission directed the applicant to provide supporting evidence of the business's substantial retail component to support a finding that the business does not conflict with the Town's policy regarding displacing retail uses with restaurant uses. The applicant submitted supplemental information (Attachment 12). This information addresses: • The scope of the proposed retail • The location of patron entry • Outdoor patio separation • Hours of operation PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 217 N. Santa Cruz Avenue Suite B/U- 10- 020/S -11 -003 February 28, 2011 The Planning Commission's recommendation of approval included direction to the applicant to provide evidence of the retail component. The applicant explains the types of products and displays and provides illustrations of the type of shelving. However, the location and amount of retail remains unchanged from the plans reviewed by the Planning Commission, The. Council should consider whether the Planning Commission's finding that the use will not displace a retail use is applicable. The Town's Standards for Outdoor Seating require physical delineation to separate public and private property and to clearly suggest that alcohol is not allowed outside the seating area. The applicant requests that openings in the proposed delineation be allowed adjacent to the building to provide patron access into the business from the door facing N. Santa Cruz Avenue. The deciding body should consider whether the proposed delineation meets the Standards for Outdoor Seating. In regards to the hours of operation, the applicant is requesting hours of operation that exceed the hours of operation allowed pursuant to the Alcoholic Beverage Policy (ABP). The Planning Commission found merit with some hours of operation outside those allowed pursuant to the ABP. The deciding body should consider whether the hours recommended . by the Planning Commission are appropriate given the ABP, proposed use, and subject location. The applicant's supplemental information also contains a request to modify the recommended conditions of approval regarding: • The maximum number of seats • Patio enclosure requirements • Hours of operation Please see Attachment 11 for an analysis of the bulleted items above. Subsequent to the Planning Commission meeting, Planning Division and Police Department staff met to discuss the elements of the subject application. Based on that meeting, staff is amenable with the service of alcoholic beverage outdoors if food service is required and patio use ceases at 10:00 p.m. Although staff recommends denial of the project as stated above, if the Council finds merit with the proposal, staff recommends the conditions for CUP are revised as follows (deletions stricken, additions underlined, new conditions identified). The revisions are included in the resolution included as Attachment 3. 12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only if and when meal service is available. Food service is required for alcoholic beverage service for outdoor seating. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. (new) PATIO HOURS: The use of the outdoor patio shall cease at 10:00 p.m. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: 217 N. Santa Cruz Avenue Suite B/U- 10- 020/5 -11 -003 February 28, 2011 REMARKS It should be noted that the conditions of approval limit the maximum seating (Condition 5) and the maximum occupancy (Condition 11). The maximum number of seats limits the number of physical seats allowed and is recommended at 16. The maximum occupancy limits the number of persons allowed and includes the seated patrons, standing patrons, and employees, and is recommended at 35. PUBLIC COMMENTS The Town received two additional public comments since the Planning Commission hearing (Attachment 8). CONCLUSION The project will allow a wine bar and wine shop to operate with beer and wine service and outdoor seating. 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. Moreover, the Town's policy regarding additional restaurant use displacing retail use in the downtown provides the hearing body the ability to conduct a careful review of new restaurant applications. Although the deciding body may determine that the use is not a restaurant, the use would displace a retail use with a food and beverage establishment. ENVIRONMENTAL ASSESSMENT The project is Categorically Exempt according to Section 15301 Class 1 of CEQA as adopted by the Town, which exempts permitting minor alterations to an existing facility with negligible expansion of the existing use. FISCAL IMPACT None. Attachments 1. Required Findings 2. Resolution approving the Conditional Use Permit modification and Architecture and Site application as recommended by the Planning Commission (with Exhibits A, A.1, and B) 3. Resolution approving the Conditional Use Permit modification and Architecture and Site application with revised conditions recommended by staff (with Exhibits A, A.1, and B) 4. Resolution remanding the Conditional Use Permit modification and Architecture and Site application PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: 217 N. Santa Cruz Avenue Suite B/IJ -10- 020 /S -11 -003 February 28, 2011 5. Resolution denying the Conditional Use Permit modification and Architecture and Site application 6. Recommended Conditions of Approval for the Conditional Use Permit 7. Recommended Conditions of Approval for the Architecture and Site Application 8. Additional Public Comments 9. Excerpt of the Planning Commission verbatim meeting minutes of February 9, 2011 10. Desk Item to the Planning Commission for the meeting of February 9, 2011 11. Report to the Planning Commission for the meeting of February 9, 2011 12. Supplemental Information from the Applicant Distribution cc: Joseph McCarthy, Jr., 15425 Los Gatos Boulevard Suite 102, Los Gatos, CA 95032 Rugani Family, PO Box 873, Los Gatos, CA 95032 WRR:JLS :cgt N:\DEV \TC REPORTS\2011\NSC217 alternate.docx REQUIRED FINDINGS FOR: 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit U -10 -020 Architecture and Site Application 5 -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail. wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr FINDINGS Required finding for CEQA: ® The project is Categorically Exempt pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. Required findings for a Conditional Use Permit:. m 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 introduce a retail use; and (2) The proposed uses will not impair the integrity and character of the zone in that the commercial 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 recommended conditions of approval will mitigate potential impacts, specifically those that may result from late night alcoholic beverage service and outdoor seating during late hours; 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 as discussed within the February 9, 2011, Planning Commission staff report. 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) in that the subject property is designated commercial and the proposed use falls under general commercial uses. Attachment 1 Page 2 of 2 217 N..Santa Cruz Avenue, Suite B/U -10- 020 /5 -11 -003 March 23, 2011 Required findings for the Town's Alcoholic Beverage Policy: ■ As required by Chapter II, Section 6, of the Town Alcohol Beverage Policy for granting . alcohol service beyond the hours of 10 p.m. The deciding body shall make the following findings prior to approving an application for a Conditional Use Permit to serve alcoholic beverages past 10 p.m.: A. Late night service will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a history of complaints and non - compliance with local ordinances or the Alcoholic Beverage Policy: C. The applicant has demonstrated a clear benefit to the community. CONSIDERATIONS Required considerations in review of Architecture & Site applications: s As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. f NADEVONDINGS\2011 WSC217.docx C", RESOLUTION 2011- RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND ARCHITECTURE AND SITE APPLICATION TO ALLOW EXTERIOR MODIFICATIONS TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE - SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED C -2. APN: 510 -17 -091 CONDITIONAL USE PERMIT APPLICATION: U -10 -020 ARCHITECTURE AND SITE APPLICATION S -11 -003 PROPERTY LOCATION: 217 N. SANTA CRUZ AVENUE SUITE B PROPERTY OWNER: RUGANI FAMILY APPLICANT: JOSEPH MCCARTHY, JR WHEREAS: A. This matter came before the Town Council for public hearing on March 21, 2011, and was regularly noticed in conformance with State and Town law: B. The applicant seeks approve for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The applicant is requesting 18 seats (inclusive of indoor and outdoor), approval to provide beer and wine service, and approval for exterior modifications. C. On February 9, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The Commission recommended approval of the request finding that the use is desirable to the public convenience and welfare because the project is a retail use and will not displace a retail space with a food and beverage establishment. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a Attachment 2 new application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis 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. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated February 28, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to the public convenience; will not impair the integrity and character of the zone; would not be detrimental to public health, safety or general welfare; and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code; and pursuant to Town Code section 29.20.150, the considerations in review of an A &S were made in reviewing this project. This finding is based on the evidence presented in the Council Agenda Report dated February 28, 2011, and incorporates the findings made by the Planning Commission on February 9, 2011, regarding this application. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared for the public hearing on February 9, 2011. RESOLVED: 1. The CUP application U -10 -020 for a retail wine shop and wine bar with outdoor seating and the Architecture and Site application S -11 -003 for exterior modifications are granted. 2. The Conditions of Approval attached hereto as Exhibits A and B are hereby adopted as the Conditions of Approval for modification of this permit. 3. 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 be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 21 day of March 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK CONDITIONS OF APPROVAL —March 21, 2011 For the Conditional Use Permit 217 N. Santa .Cruz Avenue, Suite B Conditional Use Permit Application U -1.0 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510-17 - 691. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011 (Exhibit A.1). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must seat patrons in the outdoor seating area. 8. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Exhibit A of Attachment 2 10. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 11. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only if and when meal service is available. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, ete. (hot or cold) are not meals. 13. HOURS OF OPERATION: Maximum hours of operation are 11:00 a.m. to 9 :00 p.m., Sunday, Tuesday, and Wednesday; 11:00 a.m. to 11 :00 p.m. Thursday; and 11:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 14. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7 :00 p.m. 15. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts on the neighbors. 16. ENTERTAINMENT: Live entertainment and amplified music is not allowed. 17. EVENTS: Events shall not exceed the maximum number of seats, the maximum occupancy, or the hours of operation. 18. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 19. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 20. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 21. 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. 22. 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: 23. 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. 24. 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. 25. 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. 26. SAFETY AND SECURITY: The Chief of Police maintains the authority to modify the safety and security measures and conditions to address any impacts that result from, or is associated with, the establishment. 27. APPROVED USE: Approval of use may be suspended, modified, and /or revoked by the Chief of Police or the Director of Community Development Department if the use becomes detrimental to the public health, safety, or welfare, as determined by the Chief of Police or the Director of Community Development Department. 28. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 29. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. NADEV \C0NDITNS\2011\NSC217 CUP.docx THIS PAGE INTENTI®NALL Y LEFT BLANK RECEIVED r ` SB17 WINE SHOP and BAP LOS GA T ®S AN -5 2011 Business: TOWN OF LOS GATOS SB17 is an enjoyable good —times wine bar and retail wine shop to be established in the owwnNoflLos QIVlS1OiV Gatos. S817 will celebrate the wines of the Santa Cruz Mountains and the Santa Clara County while offering local organic cuisine in the form of enjoyable delectable small plates and antipasti. S817 will offer wines. at retail pricing and an eclectic selection of beers as well as wine maker events and private parties. While establishing a sense of community, SB17 prides Itself on combining quality wine with a casu and comforta exp 5617 aims to proVde_ this .. experience- whlie- uphoiding- lts-re ut - ---- as an environmentally conscious business, The Name: S817 takes its name from the highway that runs through the flown. SB stands for "South Bound" since that is the direction into the Santa Cruz Mountains where many of the wineries represented in the wine bar are located. Concept: S617, in its year of Inception, will -offer 75 wines by the bottle, with 25 wines also sold by the glass: A significant portion of the SB17 wine list will consist of wines offered in the Santa Cruz, Monterey, and Santa Clara wine appellations. The remainder of the list will cover old world regions such as Italy, Spain, and France. S1317 will also offer an eclectic beer selection from domestic breweries and higher end Imports. SB17 will specialize in offering a diverse and affordable selection of wines by the glass to its patrons as well as wines by the battle in all price ranges. The cuisine exhibited In our menu will exhibit local cuisine from organic and sustainable producers, The small plates menu will keep clientele around 1 who are looking more thanjust a glass of wine. Food service will be available during all hours of i operation, and will be prepared behind the bar by way of smaller appliances like Panini makers and a convection oven. There will be a food case offering an assortment of meats, cheeses, olives, and other antipasti as well as mini pizzas and Panini. SB17 will not take reservations. •A non- reservation policy creates a type of atmosphere that accommodates spontahe%ty and a place °that people can easily, Just "drop by." Along with being a. destination for anybody looking for a quick bite to eat and glass of wine, 5617 will also serve as a meeting place for friends and a "first, second; or third date" wine bar. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which lends Itself to clientele that would like a glass of wine or light fare later on In the evening. SB17 aims to engage . its customers with guest winemaker appearances from local wineries, the SB17 wine club, and special menus'featudng local seasonal cuisine. The retail program will be a large part of SB17's daytime business and will draw people In to the wine bar at all times of day to grab a bottle of wine for dinner or a hostess /birthday gift. SB17, to take after its name, will be the featured retailer for the more than 70 producers of the Santa Cruz Mountains. Without a true outlet dedicated strictly to selling Santa Cruz Mountains at the retail level, S817 will fill the void proudly, Demand: The establishment of wine bars throughout California has grown significantly over the last 10 years or so. Within the Bay Area, wine bars have opened at a rapid pace, and have continued to open new locations an the peninsula such as San Mateo, Redwood City, Menlo Park, Palo Alto, Mountain View, San lose, Campbell, Morgan Rill, Santa Cruz, and Capitola. The idea of opening a wine bar In Los Gatos fits the demand of its residents, which consist mainly of affluent baby boomers, many of which are highly l Exhibit A.1 educated and knowledgeable about wine. Also, with a retail program centered around producers of the Santa Cruz mountains, SB17 will provide its customers with wines produced in their own back yard. Location and Audience: 5817 will offer its residents, along with visitors from neighboring areas, something that is uniquely their own. SB 17 will be the first wine bar ever established that represents local wines and food products thus making it "uniquely Los Gatos ". Many of the citizens of Los Gatos are from a European background, they will appreciate that SB17 celebrates their heritage in its wine selection and cuisine, SB17 will attract the Silicon Valley Businessman on his way home to meet up with his wife, client, or business partner along with women meeting girlfriends to chat and couples meeting for a first date. On the weekends, SB17 will extend Its demographic to a younger crowd consisting of locals, students, and visitors from neighboring cities within the Santa Clara County, Buzz: SB 17 aims to be something that Los Gatos can truly call its own because of its dedication to local wine growers, producers, and winemakers. Wines of the.Santa Cruz Mountalns are quickly gaining'f•ecognitiori within the wine community as growers and producers. Examples include Burrell School's many medal winning wines at the California State Fair and the San Francisco Chronicle Wine Competition as well as Ridge's "Winemaker of the Year" award from the San Francisco Chronicle in 2006, S817 will be the first establishment within the Santa Cruz Mountain/ Santa Clara County area, aimed at celebrating wine and organic food products created In one of the world's most fertile agricultural areas. Setting: The inside of SB17 will resemble an old - world European style wine bar while also celebrating old town Los.Gatos. Wine paraphernalia from old; world wine countries will be on display along with early pictures of Los Gatos. There will be a bar area with 8 stools surrounding. The inside area will consist of several tables with chairs in the front area. In the rear area there will be racking along the walls displaying wine and artwork for sale, as well as some tables offering various items for sale such as corkscrews, decanters, plates, platters, books, knick- knacks, etc. During the day, large glass windows will display the unique inside of the wine bar. There will be a significant portion of the overall premises dedicated to the retail program with additional retail offerings strategically placed throughout..thdentlre store. The retail areas will be easily accessible and attractive for customers looking for bottles of wine to take home. Keeping in the theme of celebrating wines of the Santa Cruz Mountains, we will tell the story of these wineries in pictures (provided by the wineries) that will be spread throughout the wine bar and retail area. As the sun goes down, the bar will become dark inside but have just enough , I ' ight to make it appealing.. At night, candies and dim lighting•will create an intimate atmosphere. SB17 ill have an outside patio area for enjoying food and wine in a "sidewalk cafe" format. The Mediterranean climate In Los Gatos lends itself to the increasingly popular sidewalk cafe style experience. The people of Los Gatos would embrace the chance to enjoy the outside area and vibrant downtown atmosphere, while drinking a glass of wine. This particular property lends itself to this setup, just as the neighboring, tenant Dolce Spazio embraces the European style plaza with its outdoor cafe style seating during the warmer months. SB17 has a goal of expanding this offering to create a synergy between Its neighbors, a gelateria and a Mediterranean style cafe, to create a miniature European plaza experience. Typically, 5817 envisions 12 —18 patrons seated at any given time with 8 -10 patrons standing or meandering through the premises shopping and enjoying wine. 3 History of Space: The building that now houses 217 North Santa Cruz Ave was originally built as a market for the Town citizens in the 1930s by Gene Rugan €. He operated, his business for over 40 years. Later, his son Larry took over the business and ran it for many years as a high class wine shop. The Rugani family could not be more pleased than to bring back the original feeling of Town service to this space, especially in the field of wine which has been a passion for them for generations. SB17 will restore the space to its original and most successful use. Experience: Citizens of Los Gatos have yearned for that "middle greund" between formal restaurant dining and bar hopping. SB17 will offer Ifs customers a casual experience in a comfortable atmosphere. One can sit at the counter or communal table talking with others over a glass of good wine or simple meal, or relax and hang out with friends, Therefore, whether its patrons would like to sample small plates orjust hang out and have a nice glass of wine, S817 takes care of a niche within Los Gatos that has long been Ignored. SB17 alms to be a meeting place among Los Gatos citizens and visitors of neighboring communities. With a friendly and knowledgeable staff and an intimate atmosphere, those who come to SB 17 will keep returning for more, Quality: attention to detail, superior products, Los Gatos products • Comfort: easy to be yomself, the customer is first and foremost, authentic atmosphere, memorable experience • Knowledge: ability to educate customers, educated staff, thought- out wine and food selection On Premise Wine Program: As stated in the opening, 5817 will hand - select the majority of its wines from local producers from the Santa Cruz, Monterey, and Santa Clara counties. The remaining selection will be from "Old World Countries" such as Italy, France, and Spain, in the first year, SB17 will have a 75 bottle list, 25 of which will be offered by the glass and by the taste. 5617 will have selections by the glass ranging from $8 to $15 per glass. Flights (or wines in a three taste selection) will also be available for customers who would like to taste different types of wine. The By the Glass selection will be on a week by week rotation to keep the offerings fresh and exciting. On premise wines will be available in the following format: ® 3 oz half glass • 6 oz glass • Flights (3 2 oz. pours) ® Bottle Retail bottle for take -away The by the bottle selection will consist of wines in ail price ranges. In the second and third year, the list will grow as the reputation of the wine bar is heightened and business grows. Beer Selection: Since Los Gatos is also a beer drinking town, SB17 takes pride in having a wide variety of quality beers to choose from. The quality of beer In the form of microbreweries and imported selections is at its peak. SB17 aims to display microbrews from domestic breweries along with an eclectic selection from around the world, S617 will serve its beer on draft in pint glasses and will also offer a bottle selection, SB17 will carry high quality beers from brands that span the globe Including Leff e (Belgium),Peronl (Italy), Chi may (Belgium), Bitburger (Germany), Allagash (Portland, Maine USA), Ommegang (Cooperstown, NY), Lagunitas (Petaluma CA), North Coast (Mendocino CA), and Trumer Brauerei (Berkeley CA). SB17 would like to continue the European feel by serving the beer in the proper style of glass and beer company logo of the beer being served as is done in Europe. Off Premise (Retail) Wine Program: All wines from the Wine List will also be available at retail pricing or to "take home". Since SB17 will be open for business starting at 11;00 AM every day, The retail wine program will feature wines that have been rotated in and out of SB17's on- premise program. If a customer wishes to purchase a bottle of wine for retail the same night they drink it, as a "take home ", they will be able to do so. The majority of retail sales will take:place from the hours of 11 :00 AM to 6 :00 PM, since the evening times caters more to the on- premise crowd. . Retail program and tax revenue: SB17 will dedicate a large portion of the space to a retail program. Attractive shelving, a knowledgeable staff, and a commitment to sending customers home with quality wines will make SB17's retail program a success. With an anticipated high volume of retail sales as well as serving as the "brick and mortar" storefront for the Santa Cruz Mountain wineries, Los Gatos can expect a significant sales tax revenue stream from SB17. Cooperative approach with the Santa Cruz Mountain Winegrowers Association (SCMWA): SB17 has committed itself to exposing its customers to the wonderful wineries of the Santa Cruz Mountains, and several Santa Cruz Mountain wineries have also already coma ltted'to S1317. The vineyards of the Santa Cruz Mountains are truly special, being not only visibly spectacular, but also producing some of the world's most luscious and elegant wines. SB17 will use these wonderful products in a retail program that will help connect their customers to the fantastic growers and purveyors of the Santa Cruz Mountain appellation. SB17 will cooperate with the Santa Cruz Mountain Wineries association to optimize exposure to all producers, large and small, of this area. Actions S617 will take to optimize its relationship with the SCMWA are: 1) Featuring wines of the Santa Cruz Mountains in its on and off- premise program SB17 will succeed in understanding the history of wineries and will help their customers develop relationships with the wines. As a result of 5817's on and off premise programs, wineries of the SCMWA will become part of the culture and social framework of Los Gatos, Reserving a large portion of the "wines by the glass" selection for these producers will help familiarize customers with wines they may have never tried previously. The wine list of SB17 feature wines on the list with small descriptions, customized in cooperation with Santa Cruz Mountain producers. 2) SCVWA Passport program The SCVWA passport program is designed to give visitors intimate access to wineries within the Santa Cruz Mountain Appellation. With more than 50 wineries participating in the program, the passports allow visitors to participate in on -site winemaker demos and intimate tastings, SB17 is located in the direct center of the SCVWA and will act as a fantastic starting point for these tours. In serving as the "hub" for these tours, SB17 will also participate in activities that promote the passport program. These activities include: • Advertising and distributing SCVWA passports in the wine bar f tt - • Promoting SCVWA passports and related activities on our website. This includes Passport maps, "passport schedules ", and activities related to the SCVWA • Serving as a starting point, we will act as a gathering spot for parties partaking in the SCVWA tours. This includes organizing transportation and providing "Box lunches" for the tours. Wine Club: The wine club at SB17 will be assembled within the first year of business, around the third month of the business opening and after the website has been launched, The SB17 wine club will consist of members who desire to receive three wines every month at special pricing. This wine club will serve the purpose of exposing our customers to' different types of wines. Along with providing fantastic wines at desirable prices, SB17 will aim to educate the customer on the wine featured that month providing a social event one day at the end of each month. Working with producers and suppliers, we will attain special pricing for our wine club and organize an evening where our customers can meet either winemaker or a representative for at least one of the wines featured that month. Entertainment and Town Interaction: SB17 prides itself on being interactive with its clientele, offering a bridge between purveyors and their customers by scheduling regular tasting events. These events are extremely popular because they offer an education that can also be used as a social event. Besides the events centered on the wine club, SB17 will also bring in winemakers that come in from other countries. SB17 will interact with town agenda (Music in the Park,-Jazz on the Plaz, Farmers Market, Christmas Tree lighting, etc.) and aim to be an additional destination to coincide with these events, as well as booth - sponsor when appropriate. Website and Ernailing List: SB17 will feature a state of the art website that will attract customers into the wine bar. The website will offer future customers an opportunity to preview S817, while keeping our current client base up to date with the latest happenings. SB17 will build a large email list that will keep customers informed on winemaker nights and special promotions. Hours of Operation: Sunday & Tuesday: Wednesday & Thursday: Friday & Saturday: General 11 :00 AM — 9:00 PM 11:00 AM —12 :00 AM 11:00 AM —1:00 AM Patio 11:00 AM — 9:00 P M 11 :00 AM —12:00 AM 11:00 AM —1:00 AM Food service will be available during all hours listed above. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which lends itself to clientele that would like a glass of wine or light fare later on in the evening. With respect to the conditions set forth in the Town alcohol policy Section 2 Paragraph 6 letters A -C we feet SB17 Is in compliance per the fallowing: A. The atmosphere of the establishment is quiet in nature. We do not anticipate any disturbances or elevated noises coming from the patrons enjoying food and wine later In the evening. B. 5617 is new and has no history of complaints or non - compliance. C. SB17 is anew and unique use fulfilling a need in the Town and adding diversity to the Towns vibrant mix of uses. SB17 also provides a service to locals participating in various aspects of the wine Industry, particularly providing a retail venue for local winemakers. Adjacent Uses Hours of Operation: The following table of hours of operation of adjacent uses is intended to provide background Information on the relationship between parking, seats, and occupancy load. During the daytime, SB17 will have a larger retail presence and lies within the parking requirements, Additionally, the number of seats and related parking requirement on the plan is met during the nighttime, use, which may see a slight increase in the number of food and beverage consumption customers. This table Is intended to show that there Is ample parking available during the later hours for any occupancy within the constraints of the plan that may not be directly related to the number of seats. Shish Kebab — 11:00am to 10 :00pm Monday through Friday Holland Consulting — 8:00am to 5:OOpm Monday through Friday Farmers Insurance- B:OOam to 5 :00pm Moriday through Friday Tom Kelly Appraiser — B:OOam to 5:OOpm Monday through Friday Creative Juices — 9 to 5:00pm Monday through Friday Angela's Salon — 10:OOam — 5:00pm Monday through Saturday Dolce Spazio: Monday through Friday - 6 :00am - 11:OOpm Saturday 8:00am- 11 :3bpm Sunday 12:OOpm- 11 :00pm Management: Gino Fumia has been in the wine business for eight years and has dreamed of opening a wine bar since his days of tilling vineyards and cleaning barrels in a 75 year old winery located in Ingelheim Germany. As a successful sales rep for Vinity Wine Company for over 6 years, Gino was able to witness wine bars. explode into mainstream nightlife in San Francisco. Working together with managers and wine bar owners, Gino was able to contribute in making wine bars a successful part of the San Francisco experience. A native of Los Gatos, Gino hopes to see his vision for wine bars in his hometown become a reality. Being from Los Gatos; Gino understands the pulse of Los Gatos and sees a niche that has yet to be realized. As the manager of SB17, Gino will use his 11+ years of experience within various aspects of the wine industry to make the SB17 experience memorable. With a major in agriculture business and a minor in wine and viticulture, the hands - on experience of two harvests, and a currently successful wine sales career in San Francisco; Gino hopes to share his wonderful experiences with customers who have a passion for wine or who are just expanding their palate. With an understanding of the distribution end of the wine industry, Gino will be able to maximize relationships with suppliers and distributors. This will allow SB17 to attain more purchasing power and develop a good rapport with purveyors. f.- Staff: SB17 aims to have every member of its staff trained in the basics of customer service, SB17 will have a festive and friendly atmosphere that provides a comfortable atmosphere for all who walk in. The staff will carry this attitude with them and aim to please all customers of SB17. Every member of the staff will receive an education from management and sales representatives who offer wine Instruction, Sustainable or "Green" business practices of SB17: SB17 understands that the citizens of Los Gatos are environmentally conscious and will apply this concept in the development and day to day operations of its business. 5817 desires to be recognized.as a sustainable business, which means it will aim to eliminate or decrease the impact made on the environment by harmful chemicals, materials, and waste that can be generated by irresponsible practices. Additionally, SB17 understands that being sustainable will contribute to being a well rounded business and will apply the following methodology that is common to a sustainable business: 1) SB17 will incorporate principles of sustainability Into its business decisions • In the initial interior improvement of the wine bar space, will work with contactors who take pride in using recycled construction materials, • On the interior space, will implement the use of various furniture and fixtures made from recycled materials. 2) S1317 will supply environmentally friendly products and services • Will incorporate a "paperless" approach within the day to day operations of the business, • Will work with local farmers that take pride in sustainable and organic farming practices, • Will only use companies for in -house services (laundry, paper) that fall in line with the practice of a sustainable and ethical business. 3) SB17 will make a never - ending commitment to environmental principles in its business operations • Will constantly be evaluating and revising its policy to maintain its environmentally responsible practices, • Will encourage customers, employees, and neighbors to participate in activities that promote the environment, • Will take pride and be conscious of its reputation for being a "green" business. Town Policies and Ordinances: A major goal of the Town of Los Gatos is to promote "a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community." In addition, the Town has taken a firm stance on not allowing the replacement of retail uses with new restaurant uses in an effort to preserve the mix of uses as well as the crucial tax revenue generating areas. It is the intention of SB17 to make minimal cosmetic changes to the current space and not engage in any restaurant specific capital improvements such as gas -fired ranges and commercial cooking hoods, grease- traps, or walk -in style refrigeration. The large retail- oriented portion of the business should increase the tax revenue generation of the proposed space, SB17 will provide a missing use to the Town's mix which is important to the community which is the local winemaker. A goal of the Town is to involve the winemakers from the hills of the Santa Cruz Mountains in the Town and make local wine and local wineries a true attraction for visitors. Winemaking is an important part of Los Gatos history that 5817 intends to highlight and also generate more public awareness of its rich history. The Town alcohol policy currently "strongly discourages the issuance of new applications for stand alone bars and restaurants with separate bars," The format of SB17 does not fit into either of these categories, The combination of simple food and beverage service, retail sales, and wine education Is truly unique and fits a new category of business in the Town. We understand it is the Town's intention to revise the current polices to include a wine bar category, and we support that effort. Conclusion: 5817 is a new and unique style of business and hopes to add to the vibrant mix of uses that make Los Gatos one of the most desirable places to visit and live. The SB17 team are long time residents of the Town and are confident they can meet the operational goals of the Town and create a fun new business for everyone to enjoy, CONDITIONS OF APPROVAL —March 21, 2011 For the Architecture and Site Application 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family, APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use, is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Exhibit B of Attachment 2 9. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 10. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 12. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 14. 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. Building Division 15. PERMITS REQUIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 17. SIZE OF PLANS: Four sets of construction plans, maximum size 24 x 36 ". 18. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application as necessary and a Bay Area Aire Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, return the completed form to the Building Department Service Counter with the J# Certificate, (Note: If demolition is minor, the Bay Area Air Quality Management District may not require a J# Certificate) and three (3) sets of plans to include all existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 19. TITLE 24 ENERGY COMPLIANCE: All required. California Title 24 Energy Compliance forms must be blue -lined on the plans including lighting compliance and mandatory measures. 20. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements, on -site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect and then confirmed by Town staff. 22. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: (Reminder: Try to submit to these agencies as early as possible as review time can be lengthy.) a. West Valley Sanitation District (WVSD): (408) 378 -2408 b. Environmental Health Department: (408) 885 -4200 c. Town Public Works Department: (408) 399 -7530 23. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 24. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development - Planning Division: Jennifer Savage (408) 399 -5702 b. Santa Clara County Fire Department: (408) 378 -4010 c. West Valley Sanitation District: (408) 378 -2407 d. County Environmental Health Department: (408) 885 -4200 e. Environmental Services Department of the San Jose /Santa Clara Water Pollution Control Plant for Pretreatment Notice /Certification. You can contact this agency directly at (408) 945 -3000 to obtain application and certification requirements. This agency works in conjunction with West Valley Sanitation District. 25. ADVISORY COMMENTS for CAFE TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing Buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessibility for Existing Buildings ". Existing accessibility features and /or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and door hardware, and 24" strike side clearance. (Please Note: If the building cannot be altered to provide the strike side clearance, an accessible remote control button must be provided to open the Main Entry; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible Restrooms; (d) 60" of the New Bar must be at the handicap accessible height of 34" maximum; (e) Handicap accessible seating must, also be provide in the Outdoor Patio area. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $128,410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20% of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosca.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue- lined,.sticky- backed) to the plans. c. Section 412.3 of the 2010 California Plumbing Code requires that separate toilet facilities shall be provided for each sex. However, Footnote 19 to Table 4 -1 allows the Authority Having Jurisdiction to approve alternative design criteria when determining the minimum number of plumbing fixtures. Since half of the facility is a mercantile occupancy of less than 1500 square feet, a unisex toilet facility for use by both sexes can be permitted. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 26. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 27. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 29. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 30. FRONTAGE IMPROVEMENTS: Applicant' shall be required `to improve the project's- public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. 31. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 32. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 33. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or ' replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 34. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 35. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 36. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 37. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover _at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 38. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and provide area drains connected to the sanitary sewer system per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 39. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 42. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood e -mail notification program to provide project status updates. The e -mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. 43. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. NADEV \C0NDITNS\201 PNSC217 A &S.docx RESOLUTION 2011- RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND ARCHITECTURE AND SITE APPLICATION TO ALLOW EXTERIOR MODIFICATIONS TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED C -2. APN: 510 -17 -091 CONDITIONAL USE PERMIT APPLICATION: U -10 -020 ARCHITECTURE AND SITE APPLICATION 5 -11 -003 PROPERTY LOCATION: 217 N. SANTA CRUZ AVENUE SUITE B PROPERTY OWNER: RUGANI FAMILY APPLICANT: JOSEPH MCCARTHY, JR WHEREAS: A. This matter came before the Town Council for public hearing on March 21, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approve for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The applicant is requesting 18 seats (inclusive of indoor and outdoor), approval to provide beer and wine service, and approval for exterior modifications. C. On February 9, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The Commission recommended approval of the request finding that the use is desirable to the public convenience and welfare because the project is a retail use and will not displace a retail space with a food and beverage establishment. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a Attachment 3 new application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis 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. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered. all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated February 28, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to the public convenience; will not impair the integrity and character of the zone; would not be detrimental to public health, safety or general welfare; and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code; and pursuant to Town Code section 29.20.150, the considerations in review of an A &S were made in reviewing this project. This finding is based on the evidence presented in the Council Agenda Report dated February 28, 2011, and incorporates the findings made by the Planning Commission on February 9, 2011, regarding this application. 2. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared for the public hearing on February 9, 2011. 1. The CUP application U -10 -020 for a retail wine shop and wine bar with outdoor seating and the Architecture and Site application S -11 -003 for exterior modifications are granted. 2. The Conditions of Approval attached hereto as Exhibits A and B are hereby adopted as the Conditions of Approval for modification of this permit. 3. 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 21 day of March 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK CONDITIONS OF APPROVAL — March 21, 2011 For the Conditional Use Permit 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510-17 - 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011 (Exhibit A.1). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must seat patrons in the outdoor seating area. 8. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Exhibit A of Attachment 3 10. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 11. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only if and when meal service is available. Food service is required for alcoholic beverage service for outdoor seating. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 13. HOURS OF OPERATION: Maximum hours 'of operation are 11:00 a.m, to 9:00 p.m., Sunday, Tuesday, and Wednesday; 11:00 a.m. to 11:00 p.m. Thursday; and 11:00 a.m. to 1:00 a.m., Friday, Saturday, holidays, and evenings before holidays. 14. PATIO HOURS: The use of the outdoor patio shall cease at 10:00 p.m. 15. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 16. TRASH AND RECYCLING DISPOSAL ,HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9 :00 p.m. to limit the noise impacts on the neighbors. 17. ENTERTAINMENT: Live entertainment and amplified music is not allowed. 18. EVENTS: Events shall not exceed the maximum number of seats, the maximum occupancy, or the hours of operation. 19. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 20. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 21. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community. Development Department is required prior to commencement of use. 22. 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. 23. 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 pen 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: 24. 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. 25. 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. 26. 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. 27. SAFETY AND SECURITY: The Chief of Police maintains the authority to modify the safety and security measures and conditions to address any impacts that result from, or is associated with, the establishment. 28. APPROVED USE: Approval of use may be suspended, modified, and /or revoked by the Chief of Police or the Director of Community Development Department if the use becomes detrimental to the public health, safety, or welfare, as determined by the Chief of Police or the Director of Community Development Department. 29. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 30. POSTING OF TAXICAB 'TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. NADEVTONDITW201 I \NSC217 CUP altemate.docx THIS PAGE INTENTIONALLY LEFT BLANK RECEIVED I SE17 WINE SHOP and BAR LOS GATOS 'AN -5 2011 Business: TOWN OF LOS GATOS PLANNING DIVISION S1317 is an enjoyable good —times wine bar and retail wine shop to be established in the town of Los Gatos. SB17 will celebrate the wines of the Santa Cruz Mountains and the Santa Clara County while offering local organic cuisine In the form of enjoyable delectable small plates and antipasti. SB17 will offer wines. at retail pricing and an eclectic selection of beers as well as wine maker events and private parties. While establishing a sense of community, SB.17 prides itself on combining quality wine with a ca sual and comfortable ex 5617 aims to P T-Qvide. _ this.. e xperience - while - upholding - its - reputation — - as an environmentally conscious business. The (Name: 5617 takes its name from the highway that runs through the town. SB stands for "South Bound" since that is the direction into the Santa Cruz Mountains where many of the wineries represented in the wine bar are located. Concept: SB17,46 Its year of inception, wlil offer 75 wines by the bottle, with 25 wines also sold by the glass: A significant portion of the S817 wine list will consist of wines in the Santa Cruz, Monterey, and Santa Clara wine appellations. The remainder of the list will cover old world regions such as Italy, Spain, and France. SB17 will also offer an eclectic beer selection from domestic breweries and higher end Imports. SB17 will specialize In offering a diverse and affordable selection of wines by the glass to Its patrons as well as wines by the bottle in all price ranges. The cuisine exhibited In our menu will exhibit local cuisine from organic and sustainable producers. The small plates menu will keep clientele around who are looking more than Just a glass of wine. Food service will be available during all hours of (, operation, and will be prepared behind the bar by way of smaller appliances like Panini makers and a convection oven. There will be a food case offering an assortment of meats, cheeses, olives, and other antipasti as well as mini pizzas and P2111M. SB17 will not take reservations; -A non- reservation policy creates a type of atmosphere that accommodates spontaheity and a place'that people can easily just "drop by." Along with being a:desthation for anybody looking for a quick bite to eat and glass of wine, SB17 will also serve as a meeting place for friends and a "first, second; or third date" wine bar. S817 will maintain slightly later hours as the theme of the establishment is mare European In nature which lends itself to clientele that would like a glass of wine or light fare later on In the evening. SB17 aims to engage . its customers with guest winemaker appearances from local wineries, the SB17 wine club, and special menus "featuring local seasonal cuisine. The retail program will be a large part of S1317's daytime business and will draw people in to the wine bar at all times of day to grab a bottle of wine for dinner or a hostess /birthday gift. SB17, to take after its name, witE be the featured retailer for the more than 70 producers of the Santa Cruz Mountains. Without a true outlet dedicated strictly to selling Santa Cruz Mountains at the retail level, SB17 will fill the vold proudly, Demand: The establishment of wine bars throughout California has grown significantly over the last 10 years or so. Within the Bay Area, wine bars have opened at a rapid pace, and have continued to open new locations on the peninsula such as San Mateo, Redwood City, Menlo Park, Palo Alto, Mountain View, San Jose, Campbell, Morgan Hill, Santa Cruz, and Capltola. The idea of opening a wine bar in Los Gatos fits the demand of its residents, which consist mainly of affluent baby boomers, many of which are highly c Exhibit A.1 f educated and knowledgeable about wine, Also, with a retail program centered around producers of the Santa Cruz mountains, SB17 will provide its customers with wines produced in their own back yard, Location and Audience: SB17 will offer its residents, along with visitors from neighboring areas, something that is uniquely their own. SB 17 will be the first wine bar ever established that represents local wines and food products thus making it "uniquely Los Gatos ". Many of the citizens of Los Gatos are from a European background, they will appreciate that SB17 celebrates their heritage In its wine selection and cuisine, SB17 will attract the Silicon Valley Businessman on his way home to meet up with his wife, client, or business partner along with women meeting girlfriends to chat and couples meeting for a first date. On the weekends, SB17 will extend Its demographic to a younger crowd consisting of locals, students, and visitors from neighboring cities within the Santa Clara County.. Buzz: SB 17 aims to be something that Los Gatos can truly call its own because of its dedication to local wine growers, producers, and winemakers. Wines ofthe.Santa Cruz Mountains are quickly galning recognitlon within the wine community as growers and producers. Examples include Burrell School's many medal winning wines at the California State Fair and the San Francisco Chronicle Wine Competition as well as Ridge's "Winemaker of the*Year" award from the San. Francisco Chronicle in 2006, 5617 will be the first establishment within the Santa Cruz Mountain/ Santa Clara County area, aimed at celebrating wine and organic,food products created in one of the world's most fertile agricultural areas. Setting: The inside of SB17 will resemble an old -world European style wine bar while also celebrating old town Los-Gatos. Wine paraphernalla from old world wine countries will be on display along with early pictures of Los Gatos. There will be a bar area with 8 stools surrounding, The inside area will consist of several tables with chairs in the front area. in the _rear area there will be racking along the walls displaying wine and artwork for sale, as well as some tables, offering various items for sale such as corkscrews, decanters, plates, piatters, books, knick- knacks,: etc. During,the day, large glass windows will display the unique inside of the wine bar. There will be a significant portion of the overall premises dedicated to the retail program with additional retail offerings strategically placed throughoUtthe.'entire store The retail areas will be easily accessible and attractive for customers looking for bottles of wine to take home. Keeping In the theme of celebrating wines of the Santa Cruz Mountains, we will tell the story of these wineries in pictures (provided by the wineries) that will be spread throughout the wine bar and retail area. As the sun goes down, the bar will become dark inside but. have just enough iightto make it appealing. At night, candies and dim lightingwill create an intimate atmosphere. SB17 will have an outside patio area for enjoying food and wine in a "sidewalk cafe" format. The Mediterranean climate In Los Gatos lends itself to the increasingly popular sidewalk cafe style experience. The people of Los Gatos would embrace the chance to enjoy the outside area and vibrant downtown atmosphere, while drinking a glass of wine. This particular property lends itself to this setup; just as the neighboring tenant Dolce Spazlo.ernbraces the European style plaza with its outdoor cafe style seating during the warmer months. SB17 has a goal of expanding this offering to create a synergy between Its neighbors, a gelateria and a Mediterranean style cafe, to create a miniature European plaza experience. Typically, 5817 envisions 12 —18` patrons seated at any given time with 8 -10 patrons standing_ or meandering through the premises shopping and enjoying wine, Em History of Space: The building that now houses 217 North Santa Cruz Ave was originally built as a market for the Town citizens in the 1930s by Gene Rugani. He operated, his business for over 40 years. Later, his son Larry took over the business and ran It for many years as a high class wine shop. The Rugani family could not be more pleased than to bring back the original feeling of Town service to this space, especially in the field of wine which has been a passion for them for generations. SB17 will restore the space to its original and most successful use. Experience: Citizens of Los Gatos have yearned for that "middle ground" between formal restaurant dining and bar hopping. SB17 will offer its customers a casual experience In a comfortable atmosphere. One can sit at the counter or communal table talking with others over a glass of good wine or simple meal, or relax and hang out with friends. Therefore, whether its patrons would like to sample small plates or just hang out and have a nice glass of wine, SB17 takes care of a niche within Los Gatos that has long been ignored. SB17 alms to be a meeting place among Los Gatos citizens and visitors of neighboring communities. With a friendly and knowledgeable staff and an intimate atmosphere, those who come to SB 17 will keep returning for more. • Quality; attention to detail, superior products, Los Gatos products • Comfort: easy to be yotuself, the customer is first and foremast, authentic atmosphere, memorable experience • Knowledge; ability to educate customers, educated staff, thought- out wine and food selection On Premise Wine Program: As stated in the opening, SB17 will hand - select the majority of its wines from local producers from the Santa Cruz, Monterey, and Santa Clara counties. The remaining selection will be from "Old World Countries" such as Italy, France, and Spain. In the first year, SB17 will have a 75 bottle list, 25 of which will be offered by the glass and by the taste. SB17 will have selections by the glass ranging from $8 to $15 per glass. Flights (or wines in a three taste selection) will also be available for customers who would like to taste different types of wine. The By the Glass selection will be on a week by week rotation to keep the offerings fresh and exciting. On premise wines will be available in the following format: • 3 oz half glass • 6 oz glass • Flights (3 2 oz. pours) Bottle Retail bottle for take -away The by the bottle selection will consist of wines in all price ranges. In the second and third year, the list will grow as the reputation of the wine bar is heightened and business grows. Beer Selection: Since Los Gatos is also a beer drinking town, SB17 takes pride in having a wide variety of quality beers to choose from, The quality of beer In the form of microbreweries and Imported selections is at Its peak. SB17 alms to display microbrews from domestic breweries along with an eclectic selection from around the world. 5617 will serve its beer on draft in pint glasses and will also offer a bottle selection, S817 with carry high quality -beers from brands that span the globe Including Leffe (Beigium),Peroni (Italy), Chimay (Belgium), Bitburger (Germany), Allagash (Portland, Maine USA), Ommegang (Cooperstown, NY), Lagunitas (Petaluma CA), North Coast (Mendocino CA), and Trumer Brauerei (Berkeley CA). SB17 would like to continue the European feel by serving the beer in the proper style of glass and beer company logo of the beer being served as is done In Europe. Off Premise (Retail) Wine Program: All wines from the Wine List will also be available at retail pricing or to "take home ". Since SB17 will be open for business starting at 11;00 AM every day. the retail wine program will feature wines that have been rotated in and out of SB17's on- premise program. If a customer wishes to purchase a bottle of wine for retail the same night they drink It, as a "take home ", they will be able to do so, The majority of retail sales will take:place from the hours of 11;00 AM to 6,00 PM, since the evening times caters more to the on- premise crowd, Retail program and tax revenue: SB17 will dedicate a large portion of the space to a, retail program. Attractive shelving, a knowledgeable staff, and a commitmenf to sending customers home with quality wines will make 561Ts retail program a success. With an anticipated high volume of retail sales as well as serving as the "brick and mortar" storefront for the Santa Cruz Mountain wineries, Los Gatos can expect a significant sales tax revenue stream from SB17. Cooperative approach with the Santa Cruz Mountain. Winegrowers Association (SCMWA): SB17 has committed itself to exposing its customers to the wonderful wineries of the Santa Cruz Mountains, and several Santa Cruz Mountain wineries have also already committed to SB17. The vineyards of the Santa Cruz Mountains are truly special, being not only visibly spectacular, but also producing some of the world's most luscious and elegant wines. SB17 will use these wonderful products in a retail program that will help connect their customers to the fantastic growers and purveyors of the Santa Cruz Mountain appellation. SB17 will cooperate with the Santa Cruz Mountain Wineries association to optimize exposure to all producers, large and small, of this area. Actions SB17 will take to optimize its relationship with the SCMWA are: 1) Featuring wines of the Santa Cruz Mountains in its on and off- premise program SB17 will succeed in understanding the history of wineries and will help their customers develop relationships with the wines. As a result of 51317's on and off premise programs, wineries of the SCMWA will become part of the culture and social framework of Los Gatos. Reserving a large portion of the "wines by the glass" selection for these producers will help familiarize customers with wines they may have never tried previously. The wine list of SB17 feature wines on the list with small descriptions, customized in cooperation with Santa Cruz Mountain producers. . 2) SCVWA Passport program The SCVWA passport program is designed to give visitors intimate access to wineries within the Santa Cruz Mountain Appellation, With more than 50 wineries participating in the program, the passports allow visitors to participate in on -site winemaker demos and intimate tastings. SB17 is located in the direct center of the SCVWA and will act as a fantastic starting point for these tours. in serving as the "hub" for these tours, SB17 will also participate in activities that promote the passport program. These activities include: e Advertising and distributing SCVWA passports in the wine bar Promoting SCVWA passports and related activities on our website, This includes Passport maps, "passport schedules ", and activities related to the SCVWA Serving as a starting point, we will act as a gathering spot for parties partaking in the SCVWA tours. This includes organizing transportation and providing "Box lunches" for the tours. Wine Club: The wine club at SB17 will be assembled within the first year of business, around the third month of the business opening and after the website has been launched, The SB17 wine club will consist of members who desire to receive three wines every month at special pricing. This wine club will serve the purpose of exposing our customers to different types of wines. Along with providing fantastic wines at desirable prices, SB17 will aim to educate the customer on the wine featured that month providing a social event one day at the end of each month. Working with producers and suppliers, we will attain special pricing for our wine club and organize an evening where our customers can meet either winemaker or a representative for at least one of the wines featured that month. Entertainment and Town Interaction: SB17 prides itself on being interactive with its clientele, offering a bridge between purveyors and their customers by scheduling regular tasting events. These events are extremely popular because they offer an education that can also be used as a social event. Besides the events centered on the wine club, SB17 will also bring in winemakers that come in from other countries. SB17 will interact with town agenda (Music In the Park,.Jazz on the Plaz, Farmers Market, Christmas Tree lighting, etc.) and aim to be an additional destination to coincide with these events, as well as booth- sponsor when appropriate. I Website and Emailing List: 5817 will feature a state of the art website that will attract customers into the wine bar, The website will offer future customers an opportunity to preview SB17, while keeping our current client base up to date with the latest happenings. SB17 will build a large email list that will keep customers Informed on winemaker nights and special promotions. Hours of Operation: Sunday & Tuesday: Wednesday & Thursday: Friday & Saturday: General 11 :00 AM — 9:00 PM 11:00 AM —12:00 AM 11:00 AM —1:00 AM Patio 11:00 AM — 9 :00 PM 11 :00 AM —12:00 AM 11:00 AM —1:00 AM Food service will be available during all hours listed above, S817 will maintain slightly later hours as the theme of the establishment is more .European in nature which lends itself to clientele that would like a glass of wine or light fare later on in the evening, With respect to the conditions set forth in the Town alcohol policy Section 2 Paragraph 6 letters A -C we feel SB17 is in compliance per the following: A. The atmosphere of the establishment is quiet in nature, We do not anticipate any disturbances or elevated noises coming from the patrons enjoying food and wine later In the evening, B. SB17 is new and has no history of complaints or non - compliance. C. S817 is anew and unique use fuifilling a need in the Town and adding diversity to the Towns vibrant mix of uses. SB17 also provides a service to locals participating in various aspects of the wine Industry, particularly providing a retail venue for local winemakers. Adjacent Uses Hours of Operation: The following table of hours of operation of adjacent uses is intended to provide background Information on the relationship parking, seats, and occupancy load. During the daytime, S817 will have a larger retail presence and lies within the parking requirements, Additionally, the number of seats and related parking requirement on the plan is met during the nighttime use, which may see a slight increase in the number of food and beverage consumption customers. This table is intended' to show that there Is ample parking available during the later hours for any occupancy within the constraints of the plan that may not be directly related to the number of seats. Shish Kebab – 11:00am to 10 :00pm Monday through. Friday Holland Consulting – 8:00am to 5 :00pm Monday through Friday Farmers Insurance -- 8:00am to 5:00pm Monday through Friday Tom Kelly Appraiser – 8:00am to 5;00pm Monday through Friday Creative Juices – 9:00am to 5:00prri Monday through Friday Angela's Salon – 10.00am – 5:00pm Monday through Saturday Dolce Spazio: Monday through Friday- 6:00am - 11 Saturday 8:00am- 11 :30pm ^ Sunday 12:00pm- 11:00pm Management: Gino Fumia has been in the wine business for eight years and has dreamed of opening a wine bar since his days of titling vineyards and cleaning barrels in a 75 year old winery located in Ingelheim Germany. As a successful sales rep for Vinity Nine Company for over 6 years, Gino was. able to witness wine bars explode into mainstream nightiife in.San Francisco. - orking together with managers antl wine bar owners, Gino was able to contribute in making wine bars a successful part of the San Francisco experience. A native of Los Gatos, Gino hopes to see his vision for wine bars in his hometown become a reality. Being from Los Gatos, Gino understands the pulse of Los Gatos and sees a niche that has yet to be realized. As the manager of SB17, Gino will use his 11f years of experience within various aspects of the wine industry to make the SB17 experience memorable. With a major in agriculture business and a minor in wine and viticulture, the hands- on experience of two harvests, and a currently successful wine sales career in San Francisco; Gino hopes to share his wonderful experiences with customers who have a passion for wine or who are just expanding their palate. With an understanding of the distribution end of the wine industry, Gino will be able to maximize relationships with suppliers and distributors. This will allow SB17 to attain more purchasing power and develop a good rapport with purveyors. Staff: ( S817 aims to have every member of its staff trained In the basics of customer service, S817 will have a festive and friendly atmosphere that provides a comfortable atmosphere for all who walk in. The staff will carry this attitude with them and aim to please all customers of S817, Every member of the staff will receive an education from management and sales representatives who offer wine instruction. Sustainable or "'Green" business practices of 5817: 5817 understands that the citizens of Los Gatos are environmentally conscious and will apply this concept in the development and day to day operations of its business, 5817 desires to be recognized as a sustainable business, which means it will aim to eliminate or decrease the impact made on the environment by harmful chemicals, materials, and waste that can be generated by irresponsible practices. Additionally, 5817 understands that being sustainable will contribute to being a well rounded business and will apply the following methodology that is common to a sustainable business: 1) 5817 will incorporate principles of sustainability into its business decisions • In the Initial interior improvement of the wine bar space, will work with contactors who take pride in using recycled construction materials, • On the interior space, will'implement the use of various furniture and fixtures made from recycled materials. 2) S817 will supply environmentally friendly products and services • Will incorporate a "paperless" approach within the day to day operations of the business, • Will work with local farmers that take pride in sustainable and organic farming practices, • Will only use companies for in -house services (laundry, paper) that fall in line with the practice of sustainable and ethical business, 3) 5817 will make a never - ending commitment to environmental principles in its business operations • Will constantly be evaluating and revising its policy to maintain its environmentally responsible practices, • Will encourage customers, employees, and neighbors to ,participate in activities that promote the environment, • Will take pride and be conscious of its reputation for being a "green" business. Town Policies and Ordinances: A major goal of the Town of Los Gatos is to promote "a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community," In addition, the Town has taken a firm stance on not allowing the replacement of retail uses with new restaurant uses in an effort to preserve the. mix of uses as well as the crucial tax revenue generating areas. It is the intention of 5817 to make minimal cosmetic changes to the current space and not engage in any restaurant specific capital improvements such as gas -fired ranges and commercial cooking hoods, grease- traps, or walk -in style refrigeration. The large retail - oriented portion of the business should increase the tax revenue generation of the proposed space, SB17 will provide a missing use to the Town's mix which Is important to the community which.is the local winemaker. A goal of the Town is to involve the winemakers from the hills of the Santa Cruz Mountains in the Town and make local wine and local wineries a true attraction for visitors. Winemaking is an important part of Los Gatos history that 5817 intends to highlight and also generate more public awareness of its rich history. The Town alcohol policy currently "strongly discourages the issuance of new applications for stand alone bars and restaurants with separate bars." The format of SB17 does not fit into either of these t categories. The combination of simple food and beverage service, retail sales, and wine education Is truly unique and fits a new category of business in the Town. We understand it Is the Town's intention to revise the current polices to include a wine bar category, and we support that effort. Conclusion: SB17 is a new and unique style of business and hopes to add to the vibrant mix of uses that make Los Gatos one of the most desirable places to visit and live. The SB17 team are long time residents of the Town and are confident they can meet the operational goals of the Town and create a fun new business for everyone to enjoy. CONDITIONS OF APPROVAL —March 21, 2011 For the Architecture and Site Application 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Exhibit B of Attachment 3 9. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 10. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 12. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 14. 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. Building Division 15. PERMITS REQUIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in fall on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 17. SIZE OF PLANS; Four sets of construction plans, maximum size 24" x 36 ". 18. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application as necessary and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures .obtained, return the completed form to the Building Department Service Counter with the J# Certificate, (Note: If demolition is minor, the Bay Area Air Quality Management District may not require a J# Certificate) and three (3) sets of plans to include all existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance forms must be blue -lined on the plans including lighting compliance and mandatory measures. 20. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements, on -site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect and then confirmed by Town staff. 22. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: (Reminder: Try to submit to these agencies as early as possible as review time can be lengthy.) a. West Valley Sanitation District (WVSD): (408) 378 -2408 b. Environmental Health Department: (408) 885 -4200 c. Town Public Works Department: (408) 399 -.7530 23. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 24. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702 b. Santa Clara County Fire Department: (408) 378 -4010 c. West Valley Sanitation District: (408) 378 -2407 d. County Environmental Health Department: (408) 885 -4200 e. Environmental Services Department of the San Jose /Santa Clara Water Pollution Control Plant for Pretreatment Notice /Certification. You can contact this agency directly at (408) 945 -3000 to obtain application and certification requirements. This agency works in conjunction with West Valley Sanitation District. 25. ADVISORY COMMENTS for CAFE TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing Buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessibility for Existing Buildings ". Existing accessibility features and /or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and door hardware, and 24" strike side clearance. (Please Note: If the building cannot be altered to provide the strike side clearance, an accessible remote control button must be provided to open the Main Entry; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible Restrooms; (d) 60" of the New Bar must be at the handicap accessible height of 34" maximum; (e) Handicap accessible seating must also be provide in the Outdoor Patio area. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $128,410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20 % of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosea.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue - lined, sticky- backed) to the plans. c. Section 412.3 of the 2010 California Plumbing Code requires that separate toilet facilities shall be provided for each sex. However, Footnote 19 to Table 4 -1 allows the Authority Having Jurisdiction to approve alternative design criteria when determining the minimum number of plumbing fixtures. Since half of the facility is a mercantile occupancy of less than 1500 square feet, a unisex toilet facility for use by both sexes can be permitted. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 26. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 27. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 29. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, "or other means to facilitate public access in a safe manner may be required. 30. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's­. public frontage to current Town Standards. These improvements may include but not limited to curb, - gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and/or repaint) etc. 31. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 32. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 33. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 34. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during. construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 35. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 36. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 37. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 38. OUTDOOR TRASH ENCLOSURES. Outdoor, trash enclosures shall be covered and provide area drains connected to the sanitary sewer system per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 39. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently. performed by a person or persons authorized to do so at all times during working hours. Em rk The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job'site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood e -mail notification program to provide project status updates. The e -mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape; and grading, shall be issued simultaneously. N:\DEV \CONDITNS\2011\NSC217 A &S.docx RESOLUTION 2011- RESOLUTION REMANDING A CONDITIONAL USE PERMIT AND ARCHITECTURE AND SITE APPLICATION TO ALLOW EXTERIOR MODIFICATIONS TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED C -2 BACK TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APN: 510 -17 -091 CONDITIONAL USE PERMIT APPLICATION: U -10 -020 ARCHITECTURE AND SITE APPLICATION S -11 -003 PROPERTY LOCATION: 217 N. SANTA CRUZ AVENUE SUITE B PROPERTY OWNER: RUGANI FAMILY APPLICANT: JOSEPH MCCARTHY, JR L'A'A A. This matter came before the Town Council for public hearing on March 21, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approve for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The applicant is requesting 18 seats (inclusive of indoor and outdoor), approval to provide beer and wine service, and approval for exterior modifications. C.. On February 9, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on properly zoned C -2. The Commission recommended approval of the request finding that the use is desirable to the public convenience and welfare because the project is a retail use and will not displace a retail space with a food and beverage establishment. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a new Attachmeut 4 application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis 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. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated February 28, 2011, along with any and all subsequent reports and materials prepared concerning this application. RESOLVED: 1. The CUP application U -10 -020 for a retail wine shop and wine bar with outdoor seating and the Architecture and Site application S -11 -003 for exterior modifications are remanded to Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the applications will be returned to Planning Commission for further recommendation. The applications will then be sent back to Council for a final decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 21 day of March 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2011 - RESOLUTION DENYING A CONDITIONAL USE PERMIT AND ARCHITECTURE AND SITE APPLICATION TO ALLOW EXTERIOR MODIFICATIONS TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE SHOP WITH. OUTDOOR SEATING ON PROPERTY ZONED C -2. APN: 510 -17 -091 CONDITIONAL USE PERMIT APPLICATION: U -10 -020 ARCHITECTURE AND SITE APPLICATION S -11 -003 PROPERTY LOCATION: 217 N. SANTA CRUZ AVENUE SUITE B PROPERTY OWNER: RUGANI FAMILY APPLICANT: JOSEPH MCCARTHY, JR WHEREAS: A. This matter came before the Town Council for public hearing on March 21, 2011, and was regularly noticed in conformance with State and Town law. B. The applicant seeks approve for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The applicant is requesting 18 seats (inclusive of indoor and outdoor), approval to provide beer and wine service, and approval for exterior modifications. C. On February 9, 2011, the Planning Commission considered the request for a Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. The Commission recommended approval of the request finding that the use is desirable to the public convenience and welfare because the project is a retail use and will not displace a retail space with a food and beverage establishment. D. The Town's Alcohol Beverage Policy requires any new application for the service of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a new i Attachment 5 application for alcohol service on a case -by -case basis to ensure that the request is appropriate for the specific use and its location. E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to approve alcoholic beverage service on a case -by -case basis 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. F. Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated February 28, 2011, along with any and all subsequent reports and materials prepared concerning this application. G. Council finds as follows: 1. Pursuant to Town Code section 29.20.190, the requested modification of an existing CUP is not desirable to the public convenience; will impair the integrity and character of the zone; would be detrimental to public health, safety or general welfare; and is not in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code; and pursuant to Town Code section 29.20.150, the considerations in review of an A &S were not made in reviewing this project. This finding is based on the evidence presented in the Council Agenda Report dated February 28, 2011 and the testimony received at the Council meeting on March 21, 2011. 2.. The Alcoholic Beverage Policy allows the Council to consider unique circumstances which apply to the subject application. 3. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IV,B), as evidenced by the staff report prepared for the public hearing on February 9, 2011. RESOLVED: 1. The CUP application U -10 -020 for a retail wine shop and wine bar with outdoor seating, and the Architecture and Site application S -11 -003 for exterior modifications are denied. 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 21"'day of March 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK CONDITIONS OF APPROVAL — March 21, 2011 For the Conditional Use Permit 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011 (Exhibit A.1). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must seat patrons in the outdoor seating. area. 8. HOLD HARMLESS AGREEMENT: Prior . to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Attachment 6 10. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 11. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only if and when meal service is available. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 13. HOURS OF OPERATION: Maximum hours of operation are 11:00 a.m. to 9:00 p.m., Sunday, Tuesday, and Wednesday; 11:00 a.m. to 11:00 p.m. Thursday; and 11:00 a.m. to 1 :00 a.m., Friday, Saturday, holidays, and evenings before holidays. 14. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 15. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m, and 9:00 p.m. to limit the noise impacts on the neighbors. 16. ENTERTAINMENT: Live entertainment and amplified music is not allowed. 17. EVENTS: Events shall not exceed the maximum number of seats, the maximum occupancy, or the hours of operation. 18. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 19. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 20. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 21.' 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. 22. 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: 23. 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. 24. 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. 25, 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. 26. SAFETY AND SECURITY: The Chief of Police maintains the authority to modify the safety and security measures and conditions to address any impacts that result from, or is associated with, the establishment. 27. APPROVED USE: Approval of use may be suspended, modified, and /or revoked by the Chief of Police or the Director of Community Development Department if the use becomes detrimental to the public health, safety, or welfare, as determined by the Chief of Police or the Director of Community Development Department. 28. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 29. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. NADEV \C0NDITNS\2011\NSC217 CUP.docx THIS PAGE INTENTIONALLY LEFT BLANK �M W01 (^ ` 5817 WINE SHOP and BAR LOS GATOS SAN -5 2011 Business: TOWN of LOS GATOS PLANNING DIVISioN S1317 is an enjoyable good —times wine bar and retail wine shop to be established in the town of Los Gatos. SB17 will celebrate the.wines of.the Santa Cruz Mountains and the Santa Clara County while offeringlocal organic cuisine In the form of enjoyable delectable small plates and antipasti. SB17 will offer wines at retail pricing and an eclectic selection of beers as well as wine maker events and private parties. While establishing a sense of community, SB17 prides itself on combining quality wine with a casual and comfortable experience. SB17 aims to provide this experience while upholding its reputation as an environmentally conscious business. The Name: SB17 takes its name from the highway that runs through the town. SB stands for "South Bound" since that is the direction into the Santa Cruz Mountains where many of the wineries represented in the wine bar are located. Concept: SB17, in its year of inception, will offer 75 wines by the bottle, with 25 wines also sold by the glass. A significant portion of the SB17 wine list will consist of wines offered in the Santa Cruz, Monterey, and Santa Clara wine appellations. The remainder of the list will cover old world regions such as Italy, Spain, and France. SB17 will also offer an eclectic beer selection from domestic breweries and higher end imports. SB17 will specialize in offering a diverse and affordable selection of wines by the glass to its patrons as well as wines by the bottle in all price ranges. The cuisine exhibited in our menu will exhibit local cuisine from organic and sustainable producers. The small plates menu will keep clientele around ( who are looking more than just a glass of wine. Food service will be available during all hours of operation, and will be prepared behind the bar by way of smaller appliances like Panini makers and a convection oven. There will be a food case offering an assortment of meats, cheeses, olives, and other antipasti as well as mini pizzas and Panini. SB17 will not take reservations. Anon- reservation policy creates a type of atmosphere that accommodates spontaneity and a place that people can easily just "drop by." Along with being a destination for anybody looking for a quick bite to eat and glass of wine, SB17 will also serve as a meeting place for friends and a "first, second, or third date" wine bar. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature -which {ends itself to clientele that would like a glass of wine or light fare later on in the evening. SB17 aims to engage its customers with guest winemaker appearances from local wineries, the SB17 wine club, and special menus featuring local seasonal cuisine. The retail program will be a large part of SB17's daytime business and will draw people in to the wine bar at all times of day to grab a bottle of wine for dinner or a hostess /birthday gift. SB17, to take after its name, will be the featured retailer for the more than 70 producers of the Santa Cruz Mountains. Without a true outlet dedicated strictly to selling Santa Cruz Mountains at the retail level, SB17 will fill the void proudly. Demand: The establishment of wine bars throughout California has grown significantly over the last 10 years or so. Within the Bay Area, wine bars have opened at a rapid pace, and have continued to open new locations an the peninsula such as San Mateo, Redwood City, Menlo Park, Palo Alto, Mountain View, San Jose,'Campbell, Morgan Hill, Santa Cruz, and Capitola. The idea of opening a wine bar in Los Gatos fits the demand of its residents, which consist mainly of affluent baby boomers, many of which are highly Exhibit A.1 educated and knowledgeable about wine, Also, with a retail program centered around producers of the Santa Cruz mountains, SB17 will provide Its customers with wines produced in their own back yard. Location andAudlence: SB17 will offer its residents, along with visitors from neighboring areas, something that is uniquely, their own, SB 17 will be the first wine bar ever established that represents local wines and food products thus making it "uniquely Los Gatos "'. Many of the citizens of Los Gatos are from a European background, they will appreciate that'SB17 celebrates their heritage in its wine selection and cuisine, SB17 will attract the Silicon Valley Businessman on his way home to meet up with his wife, client, or business partner along with women meeting girlfriends to chat and couples meeting for a first date, an the weekends, SB17 will extend its demographic to a younger crowd consisting of locals, students, and visitors from neighboring cities within the Santa Clara County, Buzz: SB 17 aims to be something that Los Gatos can truly call its own because of its dedication to local wine growers, producers, and winemakers, Wines of the Santa Cruz Mountains are quickly gaining tecognition within the wine community as growers and producers. Examples include Burrell School's many medal . winning. wines at the California State Fair and the San Francisco Chronicle Wine Competition as well as Ridge's "Winemaker of the Year" award from the San Francisco Chronicle in 2006. SB17 will be the first establishment within the Santa Cruz Mountain/ Santa Clara County area, aimed at celebrating wine and organic food products created in one of the world's most fertile agricultural areas. Setting: The inside of SB17 will resemble an old- world European style wine bar while also celebrating old town Los Gatos. Wine paraphernalia from old world' wine countries will be on display along with early pictures of Los Gatos, There will be a bar area with 8 stools surrounding,_ The inside area will,consist of several tables with chairs In the front area. In the rear area there will be racking along the walls displaying wine and artwork for sale, as well as some tables offering various Items for sale such as corkscrews, decanters, plates, platters, books, knick- knacks, etc. During the day, large glass windows will display the unique of the wine bar. There will be a significant portion of the overall premises dedicated to the retail program with additional retail offerings strategically placed throughout the. entire store, The retail areas will be easily accessible and attractive for customers looking for bottles of wine to take home. Keeping in the theme of celebrating wines of the Santa Cruz M ountains, we will tell the story of these .wineries in pictures (provided by wineries) that will be spread throughout the wine bar and retail area. As the sun goes down, the bar will become dark Inside but have just enough light to,make it appealing. At night, candies and dim lightingwill create an intimate atmosphere. SB17 will have an outside patio area for enjoying food and wine in a "sidewalk.cafe" format. The Mediterranean climate in Los Gatos lends Itself to the increasingly popular sidewalk cafe style experience, The people of Los Gatos would embrace the chance to enjoy the outside area and vibrant downtown atmosphere, while drinking a glass of wine, This particular property lends itself to this setup, just as the neighboring tenant Dolce Spazio embraces the European style plaza with its outdoor cafe style seating, during the_warmer months. SB17 has a goal of expanding this offering to create a synergy between its: neighbors, a gelateria and a Mediterranean style cafe, to create a miniature European plaza experience. Typically, SB17 envisions 12 —18 patrons seated at any given time with 8 -10 patrons standing or meandering through the premises shopping and enjoying wine, P.J History of Space: The building that now houses 217 North Santa Cruz Ave was originally built as a market for the Town citizens in the 1930s by Gene Rugani. He operated, his business for over 40 years. Later, his son Larry took over the business and ran It for many years as a high class wine shop. The Rugani family could not be more pleased than to bring back the original feeling of Town service to this space, especially in the field of wine which has been a passion for them for generations. SB17 will restore the space to its original and most successful use. Experience: Citizens of Los Gatos have yearned for that "middle ground" between formal restaurant dining and bar hopping. 5817 will offer lts customers a casual experience in a comfortable atmosphere. One can sit at the counter or communal table talking with others over a glass of good wine or simple meal, or relax and hang out with friends. Therefore, whether its patrons would like to sample small plates orjust hang out and have a nice glass of wine, SB17 takes care of a niche within Los Gatos that has long been Ignored. SB17 alms to be a meeting place among Los Gatos citizens and visitors of neighboring communities. With a friendly and knowledgeable staff and an intimate atmosphere, those who come to SB 17 will keep returning for more. • Quality: attention to detail, superior products, Los Gatos products • Comf l: easy to be yourself, the customer is first and foremost, authentic atmosphere, memorable experience • Knowledge: ability to educate customers, educated staff, thought- out wine and food selection On Premise Wine Program: As stated in the opening, S817 will hand'- select the majority of its wines from local producers from the Santa Cruz, Monterey, and Santa Clara counties. The remaining selection will be from "Old. World Countries" such as Italy, France, and Spain. In the first year, SB17 will have a 75 bottle list, 25 of which will be offered by the glass and by the taste. SB17 will have selections by the glass ranging from $8 to $15 per glass. Flights (or wines in a three taste selection) will also be available for customers who would like to taste different types of wine. The By the Glass selection will be on a week by week rotation to keep the offerings fresh and exciting. On premise wines will be available in the following format: • 3 oz half glass • 6 oz glass ® Flights (3 2 oz. pours) • Bottle • Retail bottle for take -away The by the bottle selection will consist of wines in all price ranges. In the second and third year, the list will grow as the reputation of the wine bar is heightened and business grows. Beer Selection: Since Los Gatos is also a beer drinking town, SB17 takes pride in having a wide variety of quality beers to choose from. The quality of beer in the form of microbreweries and imported selections is at its peak. SB17 aims to display microbrews from domestic breweries along with an eclectic selection from around the world. 5617 will serve its beer on draft in pint glasses and will also offer a bottle selection. SB17 will carry high quality beers from brands that span the globe Including Leff e (Beigium),Peroni (Italy), Chimay (Belgium), Bitburger (Germany) Allagash (Portland, Maine USA), Ommegang (Cooperstown, NY), Lagunitas (Petaluma CA), North Coast (Mendocino CA), and Trumer Brauerei (Berkeley CA). SB17 would like to continue the European feel by serving the beer in the proper style of glass and beer company logo of the beer being served as is done In Europe, Off Premise (Retail) Wine Program: All wines from the Wine List will also be available at retail pricing or to "take home". Since 5617 Will be open for business starting at 1.1 :00 AM everyday. The retail wine program will feature wines that have been rotated in and out of S817's on- premise program. If a customer wishes to purchase a bottle of wine for retail the same night they drink It, as a "take home ", they will be able to do so. The majority of retail safes will take.place from the hours of 11 :00 AM to 6 :00 PM, since the evening times caters more to the on- premise crowd. . Retail program and tax revenue S617 will dedicate a large portion of the space to a retail program. Attractive shelving, a knowledgeable staff, and a commitment to sending customers home with quality wines will make SB17's retail program a success, With an anticipated high volume of retail sales as weir as serving as the "brick and mortar" storefront for the Santa Cruz Mountain wineries, Los Gatos can expect a significant sales tax revenue stream from SB17. Cooperative approach with the Santa Cruz Mountain Winegrowers Association (SCMWA): SB17 has committed itself to exposing its customers to the wonderful wineries of the Santa Cruz Mountains, and several Santa Cruz Mountain wineries have also already committed to S1317. The vineyards of the Santa Cruz Mountains are truly special, being not only visibly spectacular, but also producing some of the world's most luscious and elegant wines. SB17 will use these Wonderful products in a retail program that will help connect their customers to the fantastic growers and purveyors of the Santa Cruz Mountain appellation. SB17 will cooperate with the Santa Cruz Mountain Wineries association to optimize exposure to all producers, large and small, of this area. Actions SB17 will take to optimize its relationship with the SCMWA are: 1) Featuring wines of the Santa Cruz Mountains In its on and off- premise program SB17 will succeed in understanding the history of wineries and will help their customers develop relationships with the wines. As a result of 5817's on and off premise programs, wineries of the SCMWA will become part of the culture and social framework of Los Gatos, Reserving a large portion of the "wines by the glass" selection for these producers will help familiarize customers with wines they may have never tried previously. The wine list of SB17 feature wines on the list with small descriptions, customized In cooperation with Santa Cruz Mountain producers. . Z) SCMWA Passport program The SCVWA passport program Is designed to give visitors intimate access to wineries within the Santa Cruz Mountain Appellation. With more than 50 wineries participating in the program, the passports allow visitors to participate 1n on -site winemaker demos and intimate tastings. SB17 is located in the direct center of the SCVWA and will act as a fantastic starting point for these tours. In serving as the "hub" for these tours, SB17 will also participate in activities that promote the passport program. These activities include: • Advertising and distributing SCVWA passports in the wine bar ® Promoting SCVWA passports and related activities on our website, This includes Passport maps, "passport schedules ", and activities related to the SCVWA 0 Serving as a starting point, we will act as agathering spot for parties partaking in the SCVWA tours. This includes organizing transportation and providing "Box lunches" for the tours, Wine Club: The wine club at SB17 will be assembled within the first year of business, around the third month of the business opening and after the website has been launched. The SB17 wine club will consist of members who desire to receive three wines every month at special pricing. This wine club will serve the purpose of exposing our customers to different types of wines. Along with providing fantastic wines at desirable prices, SB17 will aim to educate the customer on the wine featured that month providing a social event one day at the end of each month. Working with producers and suppliers, we will attain special pricing for our wine club and organize an evening where our customers can meet either winemaker or a representative for at least one of the wines featured that month. Entertainment and Town Interaction: SB17 prides itself on being interactive with its clientele, offering a bridge between purveyors and their customers by scheduling regular tasting events. These events are extremely popular because they offer an education that can also be used as a social event. Besides the events centered on the wine club, SB17 will also bring in winemakers that come in from other countries. SB17 will interact with town agenda (Music in the Park,-Jazz on the Plaz, Farmers Market, Christmas Tree lighting, etc.) and aim to be an additional destination to coincide with these events, as well as booth - sponsor when appropriate. Website and Emailing List: SB17 will feature a state of the art website that will attract customers into the wine bar. The website will offer future customers an opportunity to preview S817, while keeping our current client base up to date with the latest happenings. SB17 will build a large email list that will keep customers informed on winemaker nights and special promotions. Hours of Operation: Sunday & Tuesday: Wednesday & Thursday: Friday & Saturday: General 11:00 AM — 9:00 PM 11:00 AM —12 :00 AM 11:00 AM -1:00 AM Patio 11:00 AM — 9:00 P M 11:00 AM —12:00 AM 11 :00 AM -1:00 AM Food service will be available during all hours listed above. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which lends itself to clientele that would like a glass of wine or light fare later on in the evening, With respect to the conditions set forth in the Town alcohol policy Section 2 Paragraph 6 letters A -C we feet 5817 is in compliance per the following: A. The atmosphere of the establishment is quiet in nature. We do not anticipate any disturbances or elevated noises coming from the patrons enjoying food and wine later In the evening. B. 5817 Is new and has no history of complaints or non - compliance. C. SB17 is anew and unique use fulfilling a need in the Town and adding diversity to the Towns vibrant mix of uses. SB17 also provides a service to locals participating in various aspects of the wine industry, particularly providing a retail venue for local winemakers. Adjacent Uses Hours of Operation: The following table of hours of operation of adjacent uses is intended to provide background information on the relationship between parking, seats, and occupancy load, During the daytime, 5617 will have a larger retail presence and Iles within the parking requirements. Additionally, the number of seats and related parking requirement on the plan is met during the nighttime use, which may see a slight increase in the number of food and beverage consumption customers. This table is intended to show that there Is ample parking available during the later hours for any occupancy within the constraints of the plan that may not be directly related to the number of seats. Shish Kebab - 11:00am to 10':00prn Monday through Friday Holland Consulting — 8:OOam to 5 :00pm Monday through Friday Farmers Insurance- 8:OOam to 5 :00pm Moriday through Friday Tom Kelly Appraiser — 8:00am to 5;00pm Monday through Friday, Creative Juices — 9:00am to 5:00pm Monday through Friday Angela's Salon — 10:00am — 5:00pm Monday through Saturday Dolce Spazio: Monday through Friday - 6:00am - 11 :00pm Saturday 8:00am- 11 :30pm Sunday 12:OOpm- 11 :00pm Management: Gina Fumia has been in the wine business for eight years and has dreamed of opening a wine bar since his days of tilling vineyards and cleaning barrels in a 75 year old winery located in Ingelheim Germany. As a successful sales rep for Vinity Wine Company for over 6 years, Gino was able to witness wine bars explode into mainstream nightlife in San Francisco. Working together with managers and wine bar owners, Gino was able to contribute in making wine bars a successful part of the San Francisco experience. A native of Los Gatos, Gino hopes to see his vision for wine bars in his hometown become a reality. Being from Los Gatos, Gino understands the pulse of Los Gatos and sees a niche that has yet to be realized. As the manager of SB17, Gino will use his 11+ years of experience within various aspects of the wine industry to make the 5817 experience memorable. With a major in agriculture business and a minor in wine and viticulture, the hands- on experience of two harvests, and a currently successful wine sales career in San Francsco; Gino hopes to share his wonderful experiences with customers who have a passion for wine or who are just expanding their palate.. . With an understanding of the distribution end of the wine industry, Gino will be able to maximize relationships with suppliers and distributors. This will allow SB17 to attain more purchasing power and develop a good rapport with purveyors. Staff: SB17 aims to have every member of its staff trained in the basics of customer service, SB17 will have a festive and friendly atmosphere that provides a comfortable atmosphere for all who walk in, The staff will carry this attitude with them and aim to please all customers of SB17, Every member of the staff will receive an education from management and sales representatives who offer wine instruction, Sustainable or "Green" business practices of SB17: SB17 understands that the citizens of Los Gatos are environmentally conscious and will apply this concept in the development and day to day operations of its business. SB17 desires to be recognized as a sustainable business, which means it will aim to eliminate or decrease the impact made on the environment by harmful chemicals, materials, and waste that can be generated by irresponsible practices. Additionaily, SB17 understands that being sustainable will contribute to being a well rounded business and will apply the following methodology that is common to a sustainable business: 1) 5817 will incorporate principles of sustainability into its business decisions • In the Initial interior improvement of the win6 bar space, will work with contactors who take pride in using recycled construction materials, • On the interior space, will implement the use of various furniture and fixtures made from recycled materials. 2) SS17 will supply environmentally friendly products and services • Will incorporate a "paperless' approach within the day to day operations of the business. • Will work with local farmers that take pride in sustainable and organic farming practices. • Will only use companies for in -house services (laundry, paper) that fall in line with the practice of a sustainable and ethical business. 3) SB17 will make a never - ending commitment to environmental principles in its business operations • Will constantly be evaluating and revising its policy to maintain its environmentally responsible practices. • Will encourage customers, employees, and neighbors to participate in activities that promote the environment. • Will take pride and be conscious of its reputation for being a "green" business. Town Policies and Ordinances: A major goal of the Town of Los Gatos is to promote "a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community." In addition, the Town has taken a firm stance on not allowing the replacement of retail uses with new restaurant uses In an effort to preserve the mix of uses as well as the crucial tax revenue generating areas, It is the Intention of 5817 to make minimal cosmetic changes to the current space and, not engage in any restaurant specific capital improvements such as gas -fired ranges and commercial cooking hoods, grease- traps, or walk -in style refrigeration. The large retail - orlented portion of the business should increase the tax revenue generation of the proposed space. SB17 will provide a missing use to the Town's mix which is important to the community which is the local winemaker. A goal of the Town Is to involve the winemakers from the hills of the Santa Cruz Mountains in the Town and make local wine and local wineries a true attraction for visitors. Wlnemaking is an important part of Los Gatos historythatS817 intends to highlight and also generate more public awareness of its rich history. The Town alcohol policy currently "strongly discourages the issuance of new applications for stand alone F bars and restaurants with separate bars," The format of SB17 does not fit into either of these categories. The combination of simple food and beverage service, retail sales, and wine education Is truly unique and fits a new category of business in the Town. We understand it is the Town's intention to revise the current polices to include a wine bar category, and we support that effort. Conclusion: SB17 Is a new and unique style of business and hopes to add to the vibrant mix of uses that make Los Gatos one of the most desirable places to visit and live. The SB17 team are long time residents of the Town and are confident they can meet the operational goals of the Town and create a fun new business for everyone to enjoy. CONDITIONS OF APPROVAL —March 21, 2011 For the Architecture and Site Application 217 N. Santa Cruz Avenue, Suite )3 Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C =2. APN 510 -17- PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation or other means that manage public safety and welfare concerns to the satisfaction of the Community Development Director and the Police Chief. 7. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed indoors at closing. Attachment 7 9. OUTDOOR LIGHTING: Exterior lighting shall. be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 10. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 12. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required to commencement of use- ' 13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 14. 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. . Building Division 15. PERMITS REQUIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue - lined in fall on the. cover'sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 17. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 18. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application as necessary and a Bay Area Air Quality Management -Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, return the completed form to the Building Department Service Counter with the J# Certificate, (Note: If demolition is minor, the Bay Area Air. Quality Management District may not require a J# Certificate) and three (3) sets of plans to include all existing utility service lines such as water, sewer, and PG &E. No demolition work shall.be done without first obtaining a permit from the Town. 19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance forms must be ; blue -lined on the plans including lighting compliance and mandatory measures: 20. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements, on- site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect and then confirmed by Town staff. 22. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: (Reminder: Try to submit to these agencies as early as possible as review time can be lengthy.) a. West Valley Sanitation District (WVSD): (408) 378 -2408 b. Environmental Health Department: (408) 885 -4200 c. Town Public Works Department: (408) 399 -7530 23. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 24. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702 b. Santa Clara County Fire Department: (408) 378 -4010 c. West Valley Sanitation District: (408) 378 -2407 d. County Environmental Health Department: (408) 885 -4200 e. Environmental Services Department of the San Jose /Santa Clara Water Pollution Control Plant for Pretreatment Notice /Certification. You can contact this agency directly at (408) 945 -3000 to obtain application and certification requirements. This agency works in conjunction with West Valley Sanitation District. 25. ADVISORY COMMENTS for CAFE TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing Buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessibility for Existing Buildings ". Existing accessibility features and /or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and door hardware, and 24" strike side clearance. (Please Note: If the building cannot be altered to provide the strike side clearance, an accessible remote control button must be provided to open the Main Entry; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible Restrooms; (d) 60" of the New Bar must be at the handicap accessible height of 34" maximum; (e) Handicap accessible seating must also be provide in the Outdoor Patio area. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $128,410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20% of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosca.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue- lined, sticky- backed) to the plans. c. Section 412.3 of the 2010 California Plumbing Code requires that separate toilet facilities shall be provided for each sex. However, Footnote 19 to Table 4 -1 allows the Authority Having Jurisdiction to approve alternative design criteria when determining the minimum number of plumbing fixtures. Since half of the facility is a mercantile occupancy of less than 1500 square feet, a unisex toilet facility for use by both sexes can be permitted. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 26. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All `work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be' allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 27. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting, any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 29. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 30. FRONTAGE IMPROVEMENTS. Applicant shall be required to 'improve the project's public frontage to current Town Standards, These improvements may include but not limited to -curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. 31. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 32. SILT AND MUD IN PUBLIC RIGHT -OF -WAY.. It is the responsibility of contractor and home owner to make sure` that all dirt tracked into the public" right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 33. RESTORATION OF PUBLIC IMPROVEMENTS'. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 34. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 35. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 36. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 37. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through r the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The ` Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of. West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 38. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and provide area drains connected to the sanitary sewer system per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 39. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of .goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of- E way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and material's on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 42. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood e -mail notification program to provide project status updates. The e -mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. 43. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. NADEV \C0NDITNS\2011\NSC217 A &S,docx = FEB 10 2011 (! CAMEL HILL VINEYARD February 1, 2011 Town of Los Gatos Attn: Town Council no E. Main Street Los Gatos, CA 95030 Re: Retail Wine Shop and Wine Bar Dear Town Council: 11 a My name is Jon Anderson. I have been a resident of Los Gatos for 50 years. I have been a wine grower for 25 years. I strongly support having a Retail Wine Shop and Wine Bar in Los Gatos for several reasons: 1. Los Gatos has a long, successful history of wine that if given the opportunity can add to the identity of our town. 2. Los Gatos is a perfect town to support the local businesses (wineries). 3. Many of the local wineries are not easily accessible to the residents or visitors. Having a Retail Wine Shop and Wine Bar in Los Gatos gives them the opportunity to taste, purchase and support the local wineries. 4. This kind of exposure should increase tourism in Los Gatos. The Santa Cruz Mountain appellation produces world class wines and would help to put Los Gatos on the map due to the quality of wine produced in our area. I strongly encourage you to consider a Retail Wine Shop and Wine Bar in Los Gatos. Thank you. Sincerely, JD fivi'EA sz Jon P. Anderson Owner of Camel Hill Vineyard cc: Planning Commission Premium wine grapes & exotic animals Attachment S 18951 Bear Creek Road • Los Gatos, CA 95033 • 408.395 -1195 • www.carnelhillvineyard.com THIS PA GE INTENTIONALL Y LEFT BLANK Jennifer Savage To: Council Subject: RE: Loss of More Retail Space From: Jay Druian [ mailto:jay @thefrenchcellar.com] _.. Sent: Friday, February 11, 20112:56 PM To: Council Subject: Loss of More Retail Space Dear Council Members, It was with dismay that I learned that the Planning Commission has approved the conversion of yet another retail space into food and beverage at 219 N. Santa Cruz Ave. Is anyone reading town ordinance 2021? Is anyone looking at how another bar in the core downtown adds to an already chronic parking situation? This, by the way, is slowly choking to death the small retails shops in town because restaurants, between employees and patrons, swallow up the most of the available parking. Has anyone walked around Saratoga Village lately during during the day? Please take a walk on N. Santa Cruz Ave. from Hwy 9 to the Post Office and count the number of food and beverage establishments. There is no public necessity for yet another one. And where are all of these ABC licenses coming from? The last I checked there was a moratorium in Los Gatos for new ABC licenses. Lastly, as we have learned, once a retail space is converted to food and beverage, it never goes back to retail. lease, please, please try to maintain a balance of goods and services in our town because if we continue in the direction of surrendering more retail space to food and beverage, we are going to lose what has made our town so special. Please prevent this by voting no on the 219 N. Santa Cruz Ave. petition for a bar. 1 am quite willing to meet. with any council member for further discussion on this topic. 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Savage, Associate Planner 'savage c losgatosca gov APPLICATION NO: Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 LOCATION: 217 N. Santa Cruz Avenue Suite B (west side of N. Santa Cruz Avenue, between Bachman and Nicholson'Avenues) APPLICANT: Joseph McCarthy, Jr. PROPERTY OWNER: Rugani Family CONTACT PERSON: Jim Foley APPLICATION SUMMARY: Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine. shop with outdoor seating on property zoned C -2. APN 510 -17 -091. EXHIBITS: 1 -8. Previously Received with the February 9, 2011, Planning Commission Staff Report 9. Public Comments (14 pages), received January 31, 2011 through February 7, 2011 10. Community Outreach Matrix STAFF REMARKS The Town. received 14 additional public comments (Exhibit 9) after the staff report was circulated. Additionally, the applicant submitted a community outreach matrix (Exhibit 10) which lists who the applicant contacted regarding their proposal. P4 bared b :! Jennifer L. Savage, AICP Associate Planner Approved by: Wendie R. Rooney Director of Community Development WRR:JS:cgt NADEVTC REPORTS\?0111NSC217 deskitem.doox Attachment 10 THIS PAGE INTENTIONALLY LEFT BLANK r` 1 Town of Los Gatos � FEB 01 2019 CC: Planning Commission and Town Council Members 110 East Main St. MAYOR VOWN COUNCIL Los Gatos CA, 95030 RE: McCarthy's, Fumia, Foley Wine Shop & Bar Allow me as a long- term resident of Los Gatos to bid support for the above- mentioned proposed Wine Shop and Wine Bar. an a personal note, I have known Gino Fumia for many years and have the highest regard for his character and business acumen. He has many years of experience in the Wine Industry, and during this time has developed a fascination and intensity of interest which will serve him well in this proposed venture. It would seem that a this Wine Shop and Bar would be providing a service which would be firmly unique to Los Gatos. The Social Sipping and Munching Crowd should enjoy this opportunity to mingle pre or post evening meal. My understanding is that there is very limited competition for this type of business. A further benefit is that this retail outlet will be focused on the sale of local wines from the Santa Cruz Mountains thereby aiding our local economy. ( Your support for this endeavor is therefore recommended. Sincerely yours, Richard Ferst 15805 Shannon Road Los Gatos, California 95032 ES IT 9 DEPARTMENT Of RADIOLOGY s STANFORD F D Imaging Center • Palo Alto To: Town Council Planning Commission Town of Los Gatos 110 E. Main Street Los Gatos, California 95030 February 1, 2011 RECEIVED FEB 4 2010 TOWN OF LQ$ GATOS PLANNING DIVISION This letter is written in strong support of the proposed retail wine shop and wine bar on Santa Cruz Avenue between Doice Spazio and Shish Kebab Restaurant. I am a native of Los Gatos and member of a family that has owned commercial property in the town since the 1920's. Although I live in Los Altos Hills because of its proximity to my work at Stanford, my heart remains in Los Gatos. The town with its vibrant restaurant culture and unique shops is the first choice for dining and entertainment for both my wife and myself. We wish that our nearby village of Los Altos had a fraction of the diversity and vibrancy of Los Gatos. The proposed wine shop and bar will only add to the already healthy Los Gatos retail and restaurant scene, The location along mid Santa Cruz Avenue currently is relatively devoid of a magnet attraction, The marked'success of Enoteca La Storia demonstrates that this type of establishment will be readily embraced by the Los Gatos patrons. The wine shop plans to feature the offerings of the many Santa Cruz appellation. wineries. This association will prove to be of synergistic benefit to both the town and the featured wineries. I believe that the Council and Coxiirnission's approval of this venture is in the best interests of Los Gatos and its populace. I support this project wholeheartedly and without reservation. Sincerely, Volney F. Van Dal Oem III, M.D. Clinical Associate Professor Medical Director of Outpatient Imaging Stanford University Hospital and Clinics 451 Sherman Avenue • M/C 5529 • Palo Alto, CA 94306 t: 650.721.3364 • f: 650.289.0969 PY FEB 0 4 2011 MAYOR & TOT COUNCIL Feb, 2, 2011 Town Council Cc: Planning Commission Town. of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Council Members, As a resident and local business owner in Los Gatos, I am writing to support the proposed plans submitted for the Retail Wine Shop and Wine Bar that will be located on North Santa Cruz Avenue. I spent the past New Year's Eve at Enoteca, the wine bar that recently opened in Los Gatos, and thoroughly enjoyed spending time that night in a relaxing, friendly environment while sampling sparkling wines from all over the world. I believe it has brought more visitors to town, and as a business. owner I very much appreciate the added traffic that this wine bar and the one proposed by Joey McCarthy, Gino Fumia, and Jun Foley will bring to Los Gatos. Los Gatos has more than its fair share of restaurants, spas, and nail salons. A wine bar would be a great addition to the coinmunity as it would be a new venue to enjoy the great wines produced locally with business colleagues, friends, and neighbors. Sincerely, 4 Debra Chin 154 Maggi Court Los Gatos, - CA 95032 RECEIVED Marcia A. Wallis and Daniel W. Wallis 118 Hedding Court Los Gatos, CA 95030 To Whom It May Concern, FEB 7 - 2011 TOWN OF LOS GAT PLANNING DIVISION I am writing on behalf of myself and my brother, Dan Wallis. We have been Los Gatos residents for over 10 years and as new homeowners in the City we are dedicated to its growth and development. We have known the Fumia family for years and their family has been long time residents of Los Gatos as well. They have continuously given back to the community in numerous ways and Gino's future venture again proves this. As younger members of the community, as wells business owners his wi,e bar would acid a new complexion to the downtown area. Not only would it give back to local wineries but it would offer a venue not yet tapped into. Gino has a strong working knowledge of the community and its needs, and will really prove this with the wine bar. . Ventures such as this, which support local growth and success, demand unwavering support. By allowing local wineries a platform to shine, the success from this wine bar will transcend its own. We look forward to the opening of the wine bar and watching the community rally behind all of its businesses. � Best Regards, Marcia A. Wallis, Esq. M, Mr. & Mrs. John Fumia Jr, 124 Hernandez Ave RE CEIVED ' Los Gatos, CA 95030 January 31, 2011 FEES 7 - 2 011 TOWN OF LOS GATOS Los Gatos Town Council PLANNING DIVISION 110 E. Main Street Los Gatos, CA 95030 To whom this may concern: We felt compelled to address a project being presented to you, namely the proposed wine bar between Dolce Spazic and Shish Kebob Restaurant on North Santa Cruz Boulevard. Wine bars have existed in one form or another throughout the world for a very long time but seem to be a more recent phenomenon in our area. These establishments provide a venue for those wishing to meet at a location somewhere between a bar and a restaurant with a welcoming (sit and enjoy) type of environment. We believe this venture will also' provide another important function ®a view into the agricultural history of the Santa Clara Valley, Coming from a farming family established in the Santa Clara Valley over 90 years ago, the history of this valley prior to it becoming Silicon Valley" is very important to us. The wine bar will function as a bridge between local wineries and their history vAth the residents and visitors in Los Gatos. t This establishment can only lead to the further enhancement of North Santa Cruz Boulevard with a venture that is both locally grown and locally born! We strongly encourage a positive vote for this venture Respectfully submitted: � John Fumia Jr cc: Los Gatos Planning Commission 871 EAST HAMILTON AVENUE, SUITE C To: Town Council f . CAMPBELL, CA 95008 (408) 371-241 RECEIVED Cc: Planning Commission FES 7 - ?011 Town of Los Gatos TOWN OF LOS GATOS 110 L. Main St. PLANNING DIVISION Los Gatos, CA 9503Q To whom it may concern: This is.writt6n in support of the proposed retail wine tasting and retail stare in the location on Santa Cruz Ave. The goal, as we have been told, is for . the town of Los Gatos to, become known as the gateway to the Santa Cruz Mountain Appellation Wine region. This store would feature Santa Cruz Mountain local wines and fit into the general plan. it Would fill the niche 1che between restaurant and bar by serving light snacks and appetizers while promoting . a local community based 1ndU''stry. the popul . bus about our . wine region is lrnljoftant.. Most people only think of Napa•when they hear of the California wine r6gfo'n whe"n in truth the California wine industry first started in our awn Santa Clara valley. Many small vineyards and wineries do not`fiave the advantage of getting their product out to . the p#11c for tasting. This would of gr* eat benefit to them. As owners of a local business in Los Gatos for nearly 5t) years, (Classic Car Washes,) ag well as wine producers, ( La Rusticana d'Ors' a) we strongly encourage the planning Commission and Town Council allow this business.' Respectfully, Marilyn and . Frank Dorsa RECEIVED FEB - 'U" 2011 TOWN OF LOS CAMS PLANINING DIVISION To: The Los Gatos Planning Dept. and Town Council From: Joe Cannistraci Co /Owner Enoteca La Storia 416 North Santa Cruz Ave Los Gatos, CA 95030 Dear L.G. Planning Dept and Town Council, It is my firm belief that, at this point, bringing more properly run fine wine and food establishments to the town of Los Gatos will only benefit the community. The Town is suited to this type of business. It speaks to a respectable and affluent public and could only add to the charm of an already charming place, Regards Joe• Gannistr'aci t� February 7, 2011 To: Los Gatos Town Council RECEIVED Fc•D -- U 2011 TOWN OF LOS GATO. S PLANNING DIVISION I am a lifelong resident of Town, and I would like to offer my wholehearted support for the new wine shop and wine bar project slated for 217 North Santa Cruz ave. The Town has a unique opportunity here to support local wineries and offer something new and unique to visitors and residents. This is also a great way to brand Los Gatos as wine region. I urge you to approve the project. Thank You, Peter Carter 45 Broadway Los Gatos, CA 95030 CC: Town Planning Commission { a Town Council Planning Commission Town of Los Gatos 110 E. Main St. Los Gatos, CA 95030 RE; Wine Bar project at 217 N Santa Cruz Ave To whom It may concern; February 7, 2011 RECEIVED FEB ... 2011 TOWfJ OF 1_0 ; GATO,5 PLANNING NVISION My wife and i have been residents of Los Gatos since 1978, We obviously love living here, We enjoy the many nice restaurants in town, but feel we are missing a place where we can go after dinner, whether we have eaten at home or at a restaurant, which is not a bar or a restaurant. A place where we can relax and taste the local resource found in and around Los Gatos -wine. We live on the West side of town and it Is a 5 minute wall<to Santa Cruz Avenue. We are really excited about a wine bar in the old bike shop just down from our home, It is also very exciting to have the store owned by such quality people, people we have known and worked with for many years. My family lived on Golf Links Drive for the first 20 years In town, and our neighbors were the Fumias, , The Fumia family has been very involved In the community and is a family of the highest character, Gino was still in grammar school when we moved up to town, It is great to have a local person who grew up here opening a store within town, and with the partnership and help of the McCarthy family, he will be a very successful entrepreneur, I have worked with the McCarthy family for nearly twentyyears and with Joey for the past ten. They are very entrepreneurial and successful Ina number of privately owned businesses. 1. know them to be the most honorable of people. They are active in their community. They are of impeccable Integrity, and have exquisite taste. I can't Imagine a better sponsor for this type of establishment, It is great to see the community supporting a small business enterprise after so many chain stores have entered our town. It will clearly add to the character of the town and will be a great asset to our community. Sincerely, S. Gregory Davies February 4, 2011 RECEIVED To: Los Gatos Town Council CC: Town Planning Commission TOWN O L.O 3 GATOS PLANN1Nt' l'JIVISION am writing in support of the wine bar project that is slated for 217 N Santa Cruz Ave, I own a business in the area, Salon Mona Lisa, and am very excited to see a business of this nature coming to our end of the street, The North end of North Santa Cruz Ave could greatly benefit from the Increased traffic a wine shop and wine bar could provide. It is exciting to see the Town considering a use like this, as it will be a great fit for a lot of the other shops and salons in the area. A wine bar and caf6 will be a great place for my clients to visit before and after their appointments and then continue with their shopping in Town. I urge you to approve this business. Thank You, Lisa Andrade MICHAEL & CHRISTINE DESTR 0 ( 115 FANCHER CT LOS GATOS, CA 95030 (408) 354-9145 February 8, 2011 Town of Los Gatos Town Council 110 East Main St Los Gatos, Ca 95030 RE: RETAIL WINE SHOP AND BAR SANTA CRUZ AVENUE Dear Town Council: EIVED 1 W8 2011 ro anrvNING D'VIS o s N It is my pleasure to suppott subject venture. My wife and I have lived and raised two daughters in Los Gatos. My eldest daughter is an attorney and my youngest is a medical doctor. They are both products of a supportive small town working together — from the school yards to the small business community. They are not dissimilar to the Fumia, McCarthy and Foley children who I would like to see have an opportunity to start a small'business in town like many of our town parents and grandparents did generation after generation'ago. In fact, the proposed retail wine shop will be on the same soil as Gene's County Store, a former retail wine shop previously owned by another long time Los Gatos family; the Rugani's, Let us point out some material elements that benefit our town regarding this wonderful new venture: ® The project is well capitalized and if further capital injection is needed the f are, ready, willing, and able to proceed. ® The retail wine store will produce sales tax. In fact, up to 55 ° /q of the projected sales are sales tax generating. e The project does not increase restaurant inventory, office space, or personal service businesses. ® There will be no amplified music to disturb the neighbors. Let's help these young Los Gatans. Thank You, Thank You, Michael Destro Christine Destro Los Gatos -.;, 'Nine REECEIVED � Company February S, 2011 TOWN OF L0,", GA OS Planning Commission PLANNING 1.)IVI ION Town of Los Gatos I am writing regarding the proposed retail wine shop and wine bar in Los Gatos. I am a Los Gatos resident, and the owner and winemaker for Downhill Cellars, a local winery specializing in wines from the Santa Cruz Mountain viticulture area. Although my wines have gained quite a bit of support, it is still difficult to find outlets to sell my wine in the local markets. I do not have a tasting room, and I cannot have visitors at my winery location, I understand that. there has been a bit of hesitation regarding businesses that sell alcohol in Los Gatos, and there is sensible awareness of the dangers of alcohol abuse in the community. In my experience, the upscale wine bar that is being proposed would not contribute to the kinds of excess that might be experienced with a bar, or every some restaurants. The clientele that is attracted to this kind of business tends to r be upscale and educated. They tend to make wine tasting a part of a day of shopping or a stop before moving on to another activity. I believe that additional outlets for local and upscale wines fits nicely into the kind of community planning that is so much a part of Los Gatos. It helps to define the community, and it also strengthens the local wine market, which :included other wineries, vineyards, and restaurants. Please consider the approval of this application. Sincerely, Frank Ashton 16393 Bonnie Lane Los Gatos, CA 95032 (4108)358.8028 1 r- 1001 oea A&AA i February 3, 2011 Town Council _ m l � PIanning Commission Town of Los Gatos r 110 E. Main Street .r3 a l01 Los Gatos, Ca 95030 TOWN OF t 1=�c.,�,WNI!�l n �� ra.� i .*smi Re: Wine Bar Project between Shish Kebob Restaurant and Dolce Spacio Dear Sirs: We have lived in Los Gatos for the past 35 years and raised our 5 children here. As residents we enjoy strolling downtown and patronizing our local restaurants. When our adult children come home to visit they always go downtown for a bite to eat or drink and meet with friends in our pleasant small town setting. We would love to see a wine bar open between the Shish Kebob restaurant and Dolce Spazio. For us, often a pricey restaurant menu is not what we are looking for nor can afford. A wine bar fills the gap between the full on restaurant menu and the bar scene at happy hour. It would be a great place to stop and relax to have a glass of wine and small plate or appetizer after a hard day's work. We see this as a great place for conversation, wine tasting and delicious small plates. Also as many, local wineries in our area are not easily assessable we would Iook forward - for the opportunity to taste local wines in a. cozy venue. Educating customers would further encourage business to the wonderful" wineries here in Los Gatos and even promote visiting them in the future. We have so many local small wineries in our mountain area and it would be'fun to learn about them. The location of this wine bar would also promote further business in town. Afterwards we could envision ourselves strolling down the street and stopping at Dolce Spazio for a dessert and coffee. What better way to promote visiting our focal businesses? As local residents we support the Wine Bar project between the Shish Kebob restaurant and Dolce Spazio. We are excited to see smaller unique places - that identify the town of Los Gatos as a special place to visit and live. Please contact us if you have any further questions. Sincerely, Dee and Z and Jones 16362 Oleander Avenue Los Gatos, Ca 95032 (408) 356 -5250 Jennifer Savage N To: Subject: Cindie Taylor RE: In support of Use Permit # U -10 -020 _i From: Mary Lindsay, Muns Vineyard [malito:mary@munsvfneyard.com] Sent: Tuesday, February 08, 20113:35 PM To: Cletk Subject: In support of Use Permit # U -10 -020 To The Los Gatos Planning Commission: RE: Use Permit # U -10 -020 I am hoping that this message can be included in the packet to the Planning Commission for tomorrow's Feb. 9 hearing about Use Permit # U -10 -020. I would like to register our support for the application by Joey McCarthy, Gino Purnia, and Jim Foley for a wine shop and wine bar at 217 No. Santa Cruz Ave. My understanding is that the focus of this business is to be on wines made by local, Santa Cruz Mountains wineries. Muris Vineyard, on Loma Prieta Ave. in Los Gatos, is one of the many local wineries without a tasting room that would benefit by a wine bar in town that really supports our local wineries. t I have attended planning commission meetings in the past and spoken out in support of other wine tasting establishments that said they would support the local wineries. That has ultimately happened to varying degrees. 0 If a place will support the local wineries at least to some degree that's not a bad thing. However, what we do not have currently is a wine tasting establishment focused entirely (or even almost entirely) on the wines made by the wineries in our own back yard. And that would be a very good thing! The Town espouses support of local businesses - let's support our local wineries. There is such a local enoteca in Santa Cruz (Vino Cruz), and one in Palo Alto (Vino Locale). Those are the only two out of all the wine tasting establishments in the South Bay. 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O yR •a C H V m al y 7 m m w m W m, N a 0 a y m E al al v pl „G @ ++ d B N B y N C C Z p .a 49 Q C7 U' L LI C T3 U 'O b ;O ti b b 'o e t� vl l t- a -' �u w `v 'x z i v Ln v t� u v� u G a o 1 a 0 x ac a oe a a o a �i a� m al a� m 0 ar a, �I R ::, 0 0 0 0 o c o 0 0 0 o c o 0 "�`'"'''"''"'' 1''r'� �"1.-+*- �.-+Hrcc o0000a aoao ao0oo 0000000 00 ooc000 N 0 0 0 0 0 6 0 0 0 0 p 0 a 0 O 0 0 0 0 O O O O D lD lD LD lD to lD l0 tD 1p lj1 tD vj Ip � N N N N N N \ N N N N N N N N N N N N N N N ry N N N N N N N N V N N N N N N N N N N N N N N N N N N ry N ryry /.( ry N M N N N N N M M M f IY M M m m M fry lv r. n m p N W N oa a o. ~ Ni a VVff m N 21 O N N N ! pp ! pNp�� Cd N N Naa F N N N N N N N •N N EMBIT 10 THIS PAGE INTENTIONALLY LEFT BLANK j OVi N 1 TOWN OF LOS GATOS ITEM NO: 2 PLANNING COMMISSION STAFF REPORT pros Meeting Date: February 9, 2011 PREPARED BY: Jennifer L. Savage, Associate Planner isavagealosgatosca aov APPLICATION NO: Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 LOCATION: 217 N. Santa Cruz Avenue Suite B (west side of N. Santa Cruz Avenue, between Bachman and Nicholson Avenues) APPLICANT. Joseph McCarthy, Jr. PROPERTY OWNER: Rugani Family CONTACT PERSON: Jim Foley APPLICATION SUMMARY: Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17 -091. DEEMED COMPLETE: January 20, 2011 FINAL DATE TO TAKE ACTION: July 20, 2011 RECOMMENDATION: PROJECT DATA: Strong Denial. General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Size: Surrounding Area: Central Business District C -2 v Central Business District General Plan; Central Los Gatos Redevelopment Plan; Commercial Design Guidelines 12,236 square feet _ Existing Land Use Commercial Commercial Commercial Residential Ge Pl Zonin N orth Ea st_ w S outh _ _ C Busi ness Dist C -2 C entr al B usiness D C -2 Central B usines s District � C -2 West Medium Density Residential R- 1D:LB? Attachment 11 Planning Commission Staff Report - Page 2 217 N Santa Cruz Avenue, Smite B/U -10- 020 /S -11 -003 February 9, 2011 CEQA: The project is Categorically Exempt according to Section 15061 of the State Environmental Guidelines as adopted by the Town because the project consists of permitting an activity where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. FINDINGS: ■ As required by Section 15061 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.13 of the Redevelopment Plan for the Central Los Gatos Redevelopment Project that it meets the use set forth in the Town's General Plan. ■ As required by the Town's 'Alcoholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after 10 :00 p.m. CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application. ACTION: Forward Conditional Use Permit U -10 -020 and Architecture and Site Application S -11 -003 to the Town Council with a Recommendation of Denial'. EXHIBITS: 1. Location Map 2. Findings and Considerations 3. Recommended Conditional Use Permit Application Conditions of Approval 4. Recommended Architecture and Site Application Conditions of Approval 5. Map of Existing Downtown Food and Beverage Establishments 6. Business Proposal (eight pages), received January 5, 2011 7. , Public Comments, received January 28, 2011 through February 3, 2011 - 8. Development Plans (five pages), received January 5, 2011 BACKGROUND The building was constructed in 1988 and the subject commercial space was previously occupied by a retail use (Crossroads Bicycles). Staff analyzed the project against the Town's Alcoholic Planning Commission Staff Report - Page 3 217 N. Santa Cruz Avenue Suite B/U -10- 020 /5 -11 -003 February 9, 2011 Beverage Policy (ABP), the Town's policy regarding displacing retail uses with restaurant uses, and the Standards for Outdoor Seating. Town Council directed staff to revise the ABP to expand use categories beyond restaurant and bar. These revisions will be completed this year. PROJECT DESCRIPTION: A. Project Summary The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a wine shop and wine bar with outdoor seating, and approval of an Architecture and Site application (A &S) to allow exterior modifications. The CUP requires a recommendation from the Planning Commission and review by the Town Council because the use involves the service of alcoholic beverages. Although the A &S could be reviewed by the Development Review Committee separately, the A &S is associated with the CUP for outdoor seating. Therefore, staff does not believe the applications should be bifurcated when malting a decision on the matter. The applicant provided a business proposal (Exhibit 6) and development plans (Exhibit 8). The proposal consists of a retail area for wine and accessories; a bar for seating, beverage service, and food preparation; an indoor seating area; and an outdoor seating area. The applicant is requesting 18 seats with the ability to provide outdoor seating. The outdoor seating would be a reconfiguration of the total number of seats; not additional seating to the proposed 18 seats. The 16 foot long front elevation facing N. Santa Cruz Avenue currently contains a three foot wide door and a seven foot wide window. The applicant proposes to modify the front elevation with a 13 foot long folding wooden French door. The folding French door would open to the proposed outdoor patio. The applicant proposes to demolish the. existing planter and construct an outdoor patio with railing and landscaping (Exhibit 8). B. Location and Surrounding Neighborhood The project site is located at 217 N. Santa Cruz Avenue Suite B, west side of N. Santa Cruz Avenue, between Bachman and Nicholson Avenues. Commercial uses are located to the north, east, and south; residential uses are located to the west. Victory Lane and on -site parking is located between the residential properties and the subject commercial space. C. Zoning Compliance The zoning designation allows retail; restaurants and bars are allowed subject to the approval of a Conditional Use Permit. Planning Commission Staff Report - Page 4 217 N Santa Cruz Avenue Suite B/U -10- 020 /5 -11 -003 February 9, 2011 ANALYSIS A, 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. The site is located on N. Santa Cruz Avenue between and across from other commercial uses; residential uses are located to the .rear of the property. The nearest residential structure is 68 feet from the rear of the subject commercial space. The subject space is adjacent to existing restaurants, Shish Kabob to the south and Dolce Spazio to the north. Shish Kabob is permitted to serve beer and wine with meal service; Dolce Spazio is not permitted to serve alcoholic beverages. The next nearest alcoholic beverage serving establishments are Forbes Mill (140 feet south), James Randall Restaurant (320 feet north), and CB Hannigan's (330 feet north). Staff does not believe the user creates a concentration of alcoholic beverage serving establishments. General Policy . The ABP's General Policy contains eight requirements, Although requirement No. 1 may not apply to the subject application, the requirement is discussed. Requirements 4 through 7 are applicable to the subject application. Requirements 2 and 3 do not apply to the subject application because there will be no entertainment.' Requirement No. 7 Requirement No. 1 states `the Town shall continue to strongly discourage new applications for stand -alone bars or restaurants with separate bars.' The applicant states that the proposed use does not fall into the category of a restaurant or bar because retail .is a large component of the business (Exhibit 6), A similar use was approved at 414 -416 N. Santa Cruz Avenue in October 2009 for a retail wine establishment with food, beer, and wine service. The subject proposal is similar to the approved business because of the proposed retail component and 'availability of food during hours of alcoholic beverage service. However, the subject application is different because it includes the request for late night hour operation. The applicant explains the later hours are meant to provide a more European theme for the establishment, Town Code Section 29.10.020 provides the following definitions for a bar and a restaurant: Planning Commission Staff Report - Page 5 217 N. Santa Cruz Avenue Suite B/U- 10- 020/S -11 -003 February 9, 2011 `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.' While the use includes a large retail component and lacks commercial cooking facilities, staff believes that operation during late night hours diminishes the retail component and underscores the bar use. Based on the similar approved business discussed above, staff would interpret that the proposal does not fall into the definition of a bar if the use stopped serving alcoholic beverages at 10:00 p.m. The deciding body should consider whether the proposed use creates a new bar and whether an earlier closure time would remove the bar use emphasis. Requirement No. 4 Requirement No. 4 states that alcoholic beverage service for new CUP applications shall not be allowed after 11;00 p.m. Sunday through Thursday, and after 1 :00 a.m. Friday, Saturday, holidays, and evenings before holidays. The subject application includes the request to serve alcoholic beverages until 12 :00 a.m. Wednesday and Thursday and, therefore, conflicts with this requirement. Requitement No. 5 Requirement No. 5 states an establishment serving alcoholic beverages shall be subject to five provisions related to alcohol service. Staff included the following five provisions as conditions of approval should the deciding body find merit with the subject application: ® 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. a 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. e The restaurant operator shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. • The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. • Taxicab telephone numbers shall be posted in a visible location. The Police Department has reviewed the proposal and concurs with staff findings and recommendations in the report. The subject application meets requirement No. 5 (Exhibit 3). In addition to these provisions, staff and specifically the Police Department (PD) Planning Commission Staff Report - Page 6 217 N. Santa Cruz Avenue Suite B /U- 10- 020 /S -11 -003 February 9, 2011 recommends . conditions that require an operational agreement and gives the Police Chief the discretion to revise security requirements and suspend approval if problems occur, Requirement No, 6 Requirement No. 6 requires the deciding body to make the following findings to approve an applicationto serve alcoholic beverages after 10:00 p.m.: 1, Late night service will not adversely impact adjacent residential neighborhoods; 2. The applicant does not have a history of complaints and non- compliance with local ordinances or the Alcoholic Beverage Policy; 3. The applicant has demonstrated a clear benefit to the community. The applicant proposes to operate with the following hours: Sunday and Tuesday 11:00 a.m, to 9:00 p,m. Wednesday and Thursday 11:00 a.m. to 12 :00 a.m, Friday and Saturday 11:00 a.m. to 1:00 a.m. The applicant provides justification for the above findings in their business proposal (Exhibit 6, page 5). Staff does not support hours beyond those consistent with the Town's Alcoholic Beverage Policy. Moreover, staff does not support hours past 10:00 p.m. because later night hours could increase the demand for service on the Police Department. The deciding body should consider the type of use and the potential to increase the demand of police services when evaluating.the proposed hours of operation. If the deciding body finds merit with the proposed hours, the deciding body can modify condition number eight in Exhibit 3 with the following language (additions underlined; deletions stricken): HOURS OF OPERATION. Maximum hours of operation are 11:00 a.m, to 9;00 p.m., Sunday and Tuesday; 11 :00 a.m. to 19!09 pra 12 :00 a.m. Wednesday and Thursday; and 11:00 a.m. to 44Q0 —pm 1:00 a.m. Friday, Saturday, holidays, and evenings before holidays. Requirement No. 7 Requirement No. 7 defines a meal as `a combination of food items selected from menu.' This requirement relates to the ABP's Specific Policy (discussed below) that specifies meal service requirements. The applicant will provide food during all hours of operation but will not require patrons to receive meal service with an alcoholic beverage. Food will consist of small plates and antipasti (Exhibit 6). In addition to the request for late night hours, staff believes that the use further falls into the bar definition without a requirement to serve meals with alcoholic beverage service. If alcoholic beverage service ceased at 10:00 p,m. and food service is made available during alcoholic beverage service, staff could support -- Planning Commission Staff Report - Page 7 217 N. Santa Cruz Avenue, Suite B/U- 10- 020/5 -11 -003 February 9, 2011 the service of alcoholic beverages without meal service. The deciding body should consider if making food available during alcoholic beverage service, as opposed to requiring meal service, is appropriate for the proposed use with late night hours. Requirement No. 8 Requirement No. 8 requires that outdoor seating areas have permanent separation between where alcohol is served and adjacent public areas. The applicant's proposal includes railing around the proposed outdoor seating (Exhibit 8). If the deciding body finds merit with the proposal, staff includes conditions to require that the railing satisfy the Police Department's recommendation for a 42 -inch high railing, As required by the Town's Outdoor seating policy, staff included a condition that the outdoor patio may only be accessed through the restaurant unless an employee seats patrons. SBecific 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 during all hours of operation. The intent of the Policy is to ensure that food will be served in conjunction with alcoholic 'beverages. Staff does not believe that the proposal is consistent with the intent of the specific policy since the late night hours and request to serve beer and wine without meals suggests the proposal falls into the bar category. If alcoholic beverage service ceased at 10:00 p.m. and food service is made available during alcoholic beverage service, staff believes the use would meet the intent of the policy. B. Standards for Outdoor Seating The Town's Standards for Outdoor Seating requires that a physical delineation in the form of landscaping or planters be established and that it clearly shows that alcohol is not allowed outside the outdoor seating area. The proposed delineation has an opening on the south side and a gate on -the north side. Staff believes the opening should be closed and that the gate - should be exit only. Additionally, the standards require that a restaurant employee seat patrons when alcoholic beverage service is allowed outside. Should the deciding body find merit with the proposal, staff included conditions that require the project to meet all the standards for outdoor seating. C. Restaurant Use in the Downtown Area Ordinance 2021 discourages the displacement of retail uses by restaurant uses in the C -2 zone and expresses concern about the concentration of restaurant uses. Although the use may not fall into the definition of restaurant, approval of the subject project would allow a new food and beverage establishment to occupy a commercial space previously occupied planning Commission Staff Report - Page 8 217 N. Santa Cruz Avenue, Suite B/U -10_- 020 /S -11 -003 February 9, 2011 by a retail use. Although the business proposal contains a retail component, the retail area is located away from the front of the store and, when viewed from the street, the seating will be prominent. The applicant does not propose any commercial cooking facilities; the food will be prepared using items such as a Panini maker and convection oven. The minimal improvements for non - commercial cooking facilities would make it easier to convert the space back into a retail space in the future. However, 'restaurant space is limited in the downtown and once the space is used for a food and beverage establishment, it is unlikely to convert back to retail. In the event the deciding body finds merit with the proposed project, staff included a condition of approval that specifies the use is allowed without commercial cooking facilities. This condition would require a future application for a restaurant with commercial cooking facilities to obtain a CUP modification with planning Commission review. The ordinance does not provide a numerical value for a maximum concentration of restaurant uses in the C -2 zoning district. Exhibit 5 provides a map of the downtown illustrating the location of restaurants in the C -2 zoning district. Traditionally, the *downtown shopping core has been defined as N. Santa Cruz Avenue from Main Street to Royce Street, and University Avenue from Main Street to Elm Street. Downtown streets outside of that area have exhibited higher turnover of businesses_ and vacancies tend to stay on the market for longer periods of time. Additionally, foot traffic diminishes as you travel north from Main Street along N. Santa Cruz Avenue. The subject property is located outside the core but, as illustrated in Exhibit 5, the use will add a food and beverage establishment to a property with two existing restaurants. D. Parking and Traffic The applicant is requesting a maximum of 18 seats with the ability to move some of those seats outdoors (Exhibit 6). The applicant provided an occupancy analysis as Sheet A -0.2 in the development plans (Exhibit 8). Maximum occupancy, pursuant to fire and building codes, is 29 indoors and six in the outdoor patio. These maximums include the restaurant staff. A note on the plans' indicates that there will be 1.8 seats indoors; when the patio is open there will be 12 indoor seats and sic outdoor seats. g q P p -__ g q Parkin requirements are one ace per three seats. Parkin requirements limit the use to 16 seats total — indoors or outdoors. In the event the deciding body finds merit with the proposal, staff included a condition to reflect the maximum number of seats allowed by parking requirements. The'traffic analysis categorizes the proposed use as specialty retail. There is no difference in traffic impacts between the previous retail use and specialty retail. Therefore, there are no mitigation fees or studies required for the proposed project. It should be noted that the Planning Commission Staff Report - Page 9 (� 217N. Santa Cruz Avenue, Suite 13/U-10-020/S-1 1-003 February 9, 2011 specialty retail category is used strictly for the traffic analysis. If the deciding body were to decide the subject proposal is a restaurant or bar, the proposal would still be considered specialty retail for traffic analysis purposes. E. Conditional Use Permit Findings In order to grant approval of a Conditional Use Permit, the deciding 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 may not be essential or desirable to the public convenience or welfare in that it would displace a retail use with a food and beverage establishment. In regards to the second finding, the use will not impair the integrity of the zone since the commercial use will be in a commercial zone. In regards to finding three, the recommended conditions of approval will mitigate potential impacts, specifically those that may result from late night alcoholic beverage service and outdoor seating during late - hours, . In regards to the final finding, the proposed use meets the objectives of the General Plan and Town Code as discussed within this report. F. Architecture and Site Ap hp cation The proposed exterior modifications require an Architecture and Site application, and are discussed under the Project Summary section earlier in this report. The modifications will not change the restaurant square footage and are compatible with the existing structure. Staff believes the proposed exterior modifications meet the Commercial Design Guidelines and the considerations for an Architecture and Site application. G. General Plan The goals and policies of the 2020 General Plan listed below are applicable to this project. Staff's comments regarding the goals and policies are italicized. o Policy LU -9.3 - Encourage a mix of retail and office uses in commercial areas, except in the Central Business District designation, where retail should be emphasized and office should be limited to upper floors and other areas as defined by the Town Code. The proposed use has a retail component but also has a food and beverage establishment component where retail should be emphasized. Planning Commission Staff Report - Page 10 217 N. Santa Cruz Avenue, Suite B/U -10- 020 /S -11 -003 February 9, 2011 t • Policy LU -9.6 - 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 will provide residents with a retail, food, and beverage services. • Goal LU -10 - To 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 vitality. The proposed use will provide goods and services with European theme intended to be compatible with the Town's small town character. a Policy LU -10.2 - Recognize and encourage the different functions, land use patterns and use mixes of the various commercial areas within the Downtown. These include: a. the pedestrian scale and orientation of the Central Business District. The new outdoor seating area provides a pedestrian aspect intended to draw patrons into the courtyard by means of the entry door located 3'S feet west of the public sidewalk ® Policy CD-10.2 — Encourage outdoor seating for restaurants /coffee shops when the historic character and quality of the Downtown and adjacent neighborhoods can be maintained. Although the structure is not historic, the proposed project will provide outdoor seating for a restaurant without compromising the historic character and quality of the Downtown. • Goal CD -11 — Preserve and enhance the appearance of the Central Business District through design improvements to streetscapes and landscapes. The project will enhance the streetscape of the restaurant with the new outdoor patio that includes landscaping. ® Goal SAF -10 Promote coordination between land use planning and law enforcement. PD has significant concerns regarding PD capacity to address impacts of late night alcoholic beverage service. PD recommendations regarding an operational agreement and Police Chief discretion regarding security measures and suspension of the operation are included as recommended conditions of approval should the deciding body find merit with the proposal. H. Environmental Review The project is Categorically Exempt according to Section 15061 of CEQA as adopted by the Town, which exempts permitting an activity where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area, includes a negligible expansion of use into the existing planter area because fire and building codes limit the outdoor patio occupancy to six, and does not generate additional traffic. Planning Commission Staff Report - Page 11 217 N. Santa Cruz Avenue Suite B/U-1 0-020/S-1 1-003 February 9, 2011 I, 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. PUBLIC COMMENTS The Town received 11 public comments (Exhibit 7). SUMMARY AND RECOMMENDATION A. Summary The project will allow a wine bar and wine shop to operate with beer and wine service and outdoor seating. 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. Moreover, the Town's policy regarding additional restaurant use in the downtown provides the hearing body the ability to conduct a careful review of new restaurant applications. The deciding body should consider if the use is consistent with the ABP and/or if additional conditions are warranted, Specifically, the deciding body should consider if the type of use, the requested hours of operation, and lack of requirement for meal service with alcoholic beverages is appropriate for the subject location. The deciding body should also consider if the project is consistent with Ordinance 2021, which discourages displacement of retails uses by restaurant uses, and the Town's outdoor seating standards, B. Recommendation Although the use includes a large retail component and lacks commercial cooking facilities, the late night hours emphasize the bar use. Moreover, the use would allow a new food and beverage establishment to displace a retail use. Therefore, staff recommends denial of the proposed project. If the deciding body concurs with staff's recommendation, it should recommend denial of the application. If the deciding body finds merit with the proposed project, it should: 1. Find that the proposed project is categorically exempt, pursuant to Section 15051 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and Planning Commission Staff Report - Page 12 - 217 N. Santa Cruz Avenue, Suite B/U -10- 020 /S -11 -003 i February 9, 2011 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 4. Make the required findings as required by the Town's Alcoholic Beverage Policy to approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m. (Exhibit 2); and 5. Make the required considerations as required by Section 29.20,150 of the Town Code for granting approval of an Architecture & Site application (Exhibit 2); and 6. Recommend approval of Conditional Use Permit application U -10 -020 to the Town Council with the conditions contained in Exhibit 3; and 7. Recommend approval of Architecture & Site application S -11 -003 to the Town Council subject to the conditions contained in Exhibit 4. It should be noted that the Commission should consider modifying or expanding the findings noted in Exhibit 2 whether the Commission approves or denies the proposal. Alternatively, if the Commission has_ concerns with the application, it can recommend approval of the application to the Town Council with additional and /or modified conditions of approval. P ared by _.,.r ved by: Jennifer L. Savage, AICP Wendie R. Rooney Associate Planner Director of Community Development tiVRR:JS:cgt cc: Joseph McCarthy, Jr., 15425 Los Gatos Boulevard Suite 102, Los Gatos, CA 950 Rugani Family, PO Box 873, Los Gatos, CA 95032 N,1DEVIPC REPOIZTS\201 ANSC217.doox I 217 N. Santa Cruz Avenue i IN wrl 1 1 7AA, 71 I EXHIBIT 1 THIS PA GE INTENTIONALLY LEFT BLANK (f REQUIRED FINDINGS FOR: 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit U -10 -020 Architecture and Site Application 5 -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr Required finding for CEQA: ® The project is Categorically Exempt pursuant to Section 15061 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 not essential or desirable to the public convenience or welfare in that the use will displace a retail use with a food and beverage establishment; and (2) The proposed uses will not impair the integrity and character of the zone in that the commercial 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 recommended conditions of approval will mitigate potential impacts, specifically those that may result from late night alcoholic beverage service and outdoor seating during late hours; 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 as discussed within the February 9, 2011, Planning Commission staff report. 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) in that the subject property is designated commercial and the proposed use falls under general commercial uses. EXMIT 2 Page 2 of 2 217 N. Santa Cruz Avenue, Suite B/U- 10- 020 /5 -11 -003 February 9, 2011 Required findings for the Town's Alcoholic Beverage Policy: ■ As required by Chapter H, Section 6, of the Town Alcohol Beverage Policy for granting alcohol service beyond the hours of 10 p.m. The deciding body shall make the following findings prior to approving an application for a Conditional Use Permit to serve alcoholic beverages past,,10 p.m.: A. Late night service will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a history of complaints and non- compliance with local ordinances or the Alcoholic Beverage Policy. C. The applicant has demonstrated a clear benefit to the community. CONSIDERATIONS Required considerations in review of Architecture & Site applications: w As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. NADBVOND1NGS120 11 W SC217.docx CONDITIONS OF APPROVAL, — February 9, 2011 ( For the Conditional Use Permit 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011 (Exhibit A). Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the perfonnance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation to the satisfaction of the Community Development Director and the Police Chief. 7. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee must seat patrons in the outdoor seating area. 8. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). 10. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. EMMIT 3 11. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time, 12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the establishment is permitted only if and when meal service is available. A meal is defined as a combination of food items selected from a menu (breakfast; brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 13. HOURS OF OPERATION: Maximum hours of operation are 11 :00 a.m. to 9 :00 p.m., Sunday and Tuesday; 11 r00 a.m. to 10 :00 p.m., Wednesday and Thursday; and 11 :00 a.m. to 10 :00 p,m,, Friday, Saturday, holidays, and evenings before holidays. 14. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m. 15, TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts on the neighbors, 16, ENTERTAINMENT: Live entertainment and amplified music is not allowed. 17. EVENTS Events- shall, not exceed the maximum number of seats, the maximum occupancy, or the hours of operation, 18. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing, signs or installation of new signs, 19. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 20. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of Use. 21, 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. 22. 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: 23, 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. 24. 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. 25. TRAILING MANUAL: The restaurant operator shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. 26, SAFETY AND SECURITY: The Chief of Police maintains the authority to modify the safety and security measures and conditions to address any impacts that result from, or is associated With , the establishment. 27. APPROVED USE: Approval of use may be suspended, modified, and /or revoked by the Chief of Police or the Director of Community Development Department if the use becomes detrimental to the public health, safety, or welfare, as determined by the Chief of Police or the Director of Community Development Department, 28, DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 29. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location. WDEVICONDPS`NW0111NSC217 CUP.doex THIS PAGE INTENTIONALLY LEFT BLANK is RECEIVED SB17 WNW' SWOP and BAR LOS GAT ®S iAN -5 2091 Business: TOWN OF LOS GATOS PLANNING DIVISION SB17 is an enjoyable good —times wine bar and retail wine shop to be established in the town of Los Gatos. ' SB17 will celebrate the wines of the Santa Cruz Mountains and the Santa Clara County while offering local organic cuisine in the form of enjoyable delectable small plates and antipasti. SB17 will offer wines at retail pricing and an eclectic selection of beers as well as wine maker events and private parties. While establishing a sense of community, SB17 prides itself on combining quality wine with a casual and comfortable experience. SB17 alms to provide this experience while upholding its reputation as an environmentally conscious business. The Name: SB17 takes its name from the highway that runs through the town. SB stands for "South Bound" since that is the direction Into the Santa Cruz Mountains where many of the wineries represented in the wine bar are located. Concept: SB17, in Its year of inception, will offer 75 wines by the bottle, with 25 wines also sold by the glass. A significant portion of the SB17 wine list will consist of wines offered in the Santa Cruz, Monterey, and Santa Clara wine appellations. The remainder of the list will cover old world regions such as Italy, Spain, and France. S617 will also offer an eclectic beer selection from domestic breweries and higher end imports. SB17 will specialize in offering a diverse and affordable selection of wines by the glass to its patrons as well as wines bythe bottle in all price ranges. The cuisine exhibited in our menu will exhibit . local cuisine from organic and sustainable producers. The small plates menu will keep clientele around who are looking more than just a glass of wine. Food service will be available during all hours of operation, and will be prepared behind the bar byway of smaller appliances like Panini makers and a convection oven. There will be a food case offering an assortment of meats, cheeses, olives, and other antipasti as well as mini pizzas and Panini. SB17 will not take reservations. A non - reservation policy creates a type of atmosphere that accommodates spontaneity and a place that people can easily just "drop by." Along with being a destination for anybody looking for a quick bite to eat and glass of wine, SB17 will also serve as a meeting place for friends and a "first, second, orthird date" wine bar. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which lends itself to clientele that would like a glass of wine or light fare later on in the evening. SB17 aims to engage its customers with guest winemaker appearances from local wineries, the SB17 wine club, and special menus featuring local seasonal cuisine. The retail program will be a large part of SB17's daytime business and will draw people in to the wine bai at all times of day to grab a bottle of wine for dinner or a hostess /birthday gift. S1317, to take after its name, will be the featured retailer for the more than 70 producers of the Santa Cruz Mountains. Without a true outlet dedicated strictly to selling Santa Cruz Mountains at the retail level, SB17 will fill the void proudly. Demand: The establishment of wine bars throughout California has grown significantly over the last 10 years or so. Within the Bay Area, wine bars have opened at a rapid pace, and have continued to open new locations on the peninsula such as San Mateo, Redwood City, Menlo Park, Palo Alto, Mountain View, San Jose, Campbell, Morgan Hill, Santa Cruz, and Capitola. The idea of opening a wine bar in Los Gatos fits the demand of its residents, which consist mainly of affluent baby boomers, many of which are highly F.. MIT A educated and knowledgeable about wine: Also, with a retail program centered around producers of the i Santa Cruz mountains, SB17 will provide its customers with wines produced In their own back yard. Location and Audience: SB17 will offer its residents, along with visitors from neighboring areas, something that is uniquely their own. SB 17 will be the first wine bar ever established that represents local wines and food products thus making it "uniquely Los Gatos ". Many of the citizens of Los Gatos are from a European background, they will appreciate that SB17 celebrates their heritage In its wine selection and cuisine. SB17 will attract the Siiicon'Valley Businessman oh his way home to meet up with his wife, ciient, - or business partner along with women meeting girlfriends to chat and couples meeting for a first date. On the weekends, SB17 will extend Its demographic to a younger crowd consisting of locals, students, and visitors from neighboring cities within the Santa Clara County, Buzz: Se 17 aims to be something that Los Gatos can truly call its own because of its dedication to local wine growers, producers, and winemakers. Wines of the Santa Cruz Mountains are quickly gaining recognition within the wine community as growers and producers, Examples include Burrell School's many medal winning wines at the California State Fair and the San Francisco Chronicle Wine Competition as well as Ridge's "Winemaker of the Year" award from the San Francisco Chronicle in 2006. SB17 will be the first establishment within the Santa Cruz Mountain/ Santa Clara County area, aimed at celebrating wine and organic food products created in one of the world's most fertile agricultural areas. Setting: The inside of SB17 will resemble an old- world European style wine bar while also celebrating old town Los Gatos. Wine paraphernalia from old world wine countries will be on display along with early pictures of Los Gatos. There will be a bar area with 8 stools surrounding. The inside area will. consist of several tables with chairs in the front area. In the rear area there will be racking along the wails displaying wine and artwork for sale, as well as some tables offering various_ items for sale such as corkscrews, decanters, plates, platters, books, knick- knacks, etc. During the day, large glass windows will display the unique inside of the wine bar. There will be a significant portion, of the overall premises dedicated to the retail program with additional retail offerings strategically placed throughout the entire store. The retail areas will be easily accessible and attractive for customers looking for bottles of wine to take home. Keeping in the theme of celebrating wines of the Santa Cruz Mountains, we will tell the story of these wineries In pictures (provided by the wineries) that will be spread throughout the wine bar and retail area. As the sun goes down, the bar will become dark inside but have just enough light to make it appealing. At night, candles and dim lighting will create an intimate atmosphere. SB17 will have an outside patio area for enjoying food and'wine in a "sidewalk cafe" format., The Mediterranean climate in Los Gatos lends itself to the increasingly popular sidewalk cafe style experience. The people of Los Gatos would embrace the chance to enjoy the•outside area and vibrant downtown atmosphere, while drinking a glass of wine. This particular property lends itself to this setup, just as the neighboring tenant Dolce Spazio embraces the European style plaza with its outdoor cafe style seating during the warmer months. 5617 has a goal of expanding this offering to create a synergy between Its neighbors, a gelateria and a Mediterranean style cafe, to create a miniature European plaza experience. Typically, SB17 envisions 12 —18 patrons seated at any given time with 8 -10 patrons standing or meandering through the premises shopping and enjoying wine. History of Space: The building that now houses 217 !North Santa Cruz Ave was originally built as a market for the Town citizens in the 1930s by Gene Rugani. He operated, his business for over 40 years, Later, his son Larry took over the business and ran it for many years as a high class wine shop. The Rugani family could not be more pleased than to bring back the original feeling of Town service to this space, especially in the field of wine which has been a passion for them for generations, SB17 will restore the space to its original and most successful use. Experience: Citizens of'Los'Gatos have yearned for that "middle ground" between formal restaurant dining and bar hopping. SB17 will offer its customers a casual experience In a comfortable atmosphere. One can sit at the counter or communal table talking with others over a glass of good wine or simple meal, or relax and hang out with friends. Therefore, whether its patrons would like to sample small plates or Just hang out and have a nice glass of wine, SB17 takes care of a niche within Los Gatos that has long been ignored. SB17 aims to be a meeting place among Los Gatos citizens and visitors of neighboring communities. With a friendly and knowledgeable staff and an intimate atmosphere, those who come to SB 17 will keep returning for more. ■ Quality: attention to detail, superior products, Los Gatos products ■ Comfort: easy to be yourself, the customer is first and foremost, authentic atmosphere, memorable experience ■ IGwwledge: ability to educate customers, educated staff, thought- out wine and food selection On Premise Wine Program: As stated in the opening, 5617 will hand - select the majority of its wines from local producers from the Santa Cruz, Monterey, and Santa Clara counties. The remaining selection will be from "Old World Countries" such as Italy, France, and Spain, in the first year, SB17 will have a 75 bottle list, 25 of which will be offered by the glass and by the taste. SB17 will have selections by the glass ranging from $8 to $15 per glass. Flights (or wines in a three taste selection) will also be available for customers who would like to taste different types of wine. The By the Glass selection will be on a week by week rotation to keep the offerings fresh and exciting. On premise wines will be available in the following format: • 3 oz half glass • 6 oz glass - ® Flights (3 2 oz. pours) • Bottle • Retail bottle for take -away The by the bottle selection will consist of wines in all price ranges. In the second and third year, the list will grow as the reputation of the wine bar is heightened and business grows. Beer Selection: Since Los Gatos is also a beer drinking town, SB17 takes pride in having a wide variety of quality beers to choose from. The quality of beer in the form of microbreweries and imported selections is at its peak. SB17 aims to display microbrews from domestic breweries along with an eclectic selection from around the world. SB17 will serve its beer on draft in pint glasses and will also offer a bottle selection. SB17 will carry high quality beers from brands that span the globe including Leffe (Belgium),Peroni (Italy), Chimay (Belgium), Bitburger (Germany), Allagash (Portland, Maine USA), Ommegang (Cooperstown, NY), Lagunitas (Petaluma CA), North Coast (.Mendocino CA), and Trumer Bra uerel (Berkeley CA). S617 would like to continue the European feel by serving the beer In the proper style of - glass and beer company logo of the beer being served as is done in Europe. Off Premise (Retail) Wine Program; Ali wines from the Wine List will also be available at retail pricing or to "take home ". Since S817 will be open for business starting at 11;00 AM every day. The retail wine program will feature wines that have been rotated in and out of SB17's on- premise program. If a customerwishes to purchase a bottle of wine for retail the same night they drink it, as a "take home ", they will be able to do so. The majority of retal sales will take.place from the hours of 11:00 AM to 6;00 PM, since the evening times caters more to the on- premise crowd. Retail program and tax revenue 5B17 will dedicate a large portion of the space to a retail program. Attractive shelving, a knowledgeable staff, and a commitment to sending customers home with quality wines will make SB17's retail program a success. With an anticipated high volume of retail sales as well as serving as the "brick and mortar" storefront for the Santa Cruz Mountain wineries, Los Gatos can expect a significant sales tax revenue stream from SB17. Cooperative approach with the Santa Cruz Mountain Winegrowers Association (SCMWA): S1317 has committed itself to exposing Its customers to the wonderful wineries of the Santa Cruz Mountains, and several Santa Cruz Mountain wineries have. also already committed to 5617. The vineyards of the Santa Cruz Mountains are truly special, being not only visibly spectacular, but also producing some of the world's most luscious and elegant wines. SB17 will use these wonderful products in a retail program that•will help connect their customers to the fantastic growers and purveyors of the Santa Cruz Mountain appellation. SB17 will cooperate with the Santa Cruz Mountain Wineries association to optimize exposure to all producers, large and small, of this area. Actions SB17 will take to optimize its relationship with the SCMWA are; 1) Featuring wines of the Santa Cruz Mountains in its on and off- premise program S617 will succeed in understanding the history of wineries and will help their customers develop relationships with the wines. As a result of S1317's on and off premise programs, wineries. of the SCMWA will became part of the culture and social framework of Los Gatos. Reserving a large portion of the "wines by the glass" selection for these producers will help familiarize customers with wines they may have never tried previously. The wine list of 5617 feature wines on the list with small descriptions, customized in cooperation with Santa Cruz Mountain producers. 2) SCVWA Passport, program The SCVWA passport program is designed to give visitors intimate access to wineries within the Santa Cruz Mountain Appellation. With more than 50 wineries participating in the program, the passports allow visitors to participate in on -site winemaker demos and intimate castings. SB17 is located in the direct center of the SCVWA and will act as a fantastic starting point for these tours. In serving as the "hub" for these tours, SB17 will also participate In activities that promote the passport program. These activities include; • Advertising and distributing SCVWA passports in the wine bar r Promoting SCVWA passports and related activities on our website. This includes Passport maps, "passport schedules ", and activities related to the SCVWA ® Serving as a starting point, we will act.as a gathering spot for parties partaking in the SCVWA tours. This includes organizing transportation and providing 'Box lunches" for the tours. Wine Club: The wine club at S817 will be assembled within the first year of business, around the third month of the business opening and afterthe website has been launched, The SB17 wine club will consist of members who desire to receive three wines every month at special pricing. This wine club will serve the purpose of exposing our customers to' different types of wines. Along with providing fantastic wines at desirable prices, SB17 will aim to educate the customer on the wine featured that month providing a social event one day at the end of each month. Working with producers and suppliers, we will attain special pricing for our wine club and organize an evening where our customers can meet either winemaker or a representative for at least one of the wines featured that month. Entertainment and Town Interaction: SB17 prides itself on being interactive with its clientele, offering a bridge between purveyors and their customers by scheduling regular tasting events. These events are extremely popular because they offer an education that can also be used as a social event. Besides the events centered on the wine club, SB17 will also bring in winemakers that come in from other countries. SB17 will interact with town agenda (Music in the Park, Jazz on the Plaz, Farmers Market, Christmas Tree lighting, etc.) and aim to be an additional destination to coincide with these events, as well as booth- sponsor when appropriate. Website and Emailing List: SB17 will feature a state of the art website that will attract customers into the wine bar. The website will offer future customers an opportunity to preview SB17, while keeping our current client base up to date with the latest happenings. SB17 will build a large email list that will keep customers informed on winemaker nights and special promotions. Hours of Operation: Sunday & Tuesday: Wednesday & Thursday: Friday & Saturday: General 11 :00 AM -9 :00 PM 11 :00 AM —12 :00 AM 11:00 AM- 1:00 AM Patio 11:00 AM -9:00 PM 11 :00 AM -12:00 AM 11:00 AM --1:00 AM Food service will be available during all hours listed above. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which lends itself to clientele that would like a glass of wine of light fare later on in the evening. With respect to the conditions set forth in the Town alcohol policy Section 2 Paragraph 6 letters A -C we feel SB17 is in compliance per the following: A. The atmosphere of the establishment is quiet in nature. We do not anticipate any disturbances or elevated noises coming from the patrons enjoying food and wine later in the evening. B. SB17 is new and has no history of complaints or non - compliance. C. SB17 is a new and unique use fulfilling a need in the Town and adding diversity to the "- Towns vibrant mix of uses, SB17 also provides a service to locals participating in various aspects of the wine Industry, particularly providing a retail venue for local winemakers. Adjacent Uses Hours of Operation: . The following table of hours of operation of adjacent uses Is intended to provide background Information on the relationship between parking, seats, and occupancy load. During the daytime, SB17 will have a larger retail presence and Iles within the parking requirements, Additionally, the number of seats and related parking requirement on the plan is met during the nighttime use, which may see a slight increase in the number of food and beverage consumption customers, This table is intended to show that there Is ample parking available during the later hours for any occupancy within the constraints of the plan that may not be directly related to the number of seats. Shish Kebab- 11:00am to 10:00pm Monday through Friday Holland Consulting — 8 :00am to 5 :00pm Monday through Friday Farmers Insurance -- 8:00am to 5:00pm Monday through Friday Tom Kelly Appraiser -- 8:00am to 5:00pm Monday through Friday Creative Juices - 9:00am to 5:00pm Monday through Friday Angela's Salon — 10:00am — 5:00pm Monday through Saturday Dolce Spazio: Monday through Friday - 6 :00am - 11:00pm Saturday 8:00am- 11:30pm Sunday 12:00pm- 11:00pm Management: Gino Fumia has been in the wine business for eight years and has dreamed of opening a wine bar since his days of tilling vineyards and cleaning barrels in a 75 year old winery located in ingelhelm Germany, As a successful sales rep for Vinity Wine Company for over 6 years, Gino was able to witness wine bars explode into mainstream nightlife In San Francisco. Working together with managers and wine bar owners, Gino was able to contribute in making wine bars a successful part of the San Francisco experience. A native of Los Gatos, Gino hopes to see his vision for wine bars in his hometown become a reality. Being from Los Gatos, Gino understands the pulse of Los Gatos and sees a niche that has yet to be realized, As the manager of SB17, Gino will use his 11+ years of experience within various aspects of the wine Industry to make the SB17 experience memorable. With a major in agriculture business and a minor in Ovine and viticulture, the hands- on experience of two harvests, and a currently successful wine sales career in San Francisco; Gino hopes to share his wonderful experiences with customers who have a passion for wine or who are just expanding their palate, With an understanding of the distribution end of the wine industry, Gino will be able to maximize relationships with suppliers and distributors. This will allow SB17 to attain more purchasing power and develop a good rapport with purveyors. Staff: 5817 aims to have every member of its staff trained in the basics of customer service, SB17 will have a festive and friendly atmosphere that provides a comfortable atmosphere for all who walk in. The staff will carry this attitude with them and aim to please all customers of SB17. Every member of the staff will receive an education from management and sales representatives who offer wine instruction. Sustainable or "'Green" business practices of SB17: SB17 understands that the citizens of Los Gatos are environmentally conscious and will apply this concept in. the development and day to day operations of its business, SB17 desires to be recognized as a sustainable business, which means it will aim to eliminate or decrease the impact made on the environment by harmful chemicals, materials, and waste that can be generated by irresponsible practices. Additionally, 5617 understands that being sustainable will contribute to being a well rounded business and will apply the following methodology that is common to a sustainable business: 1) S817 will Incorporate principles of sustainability into its business decisions ® in the Initial interior improvement of the wine bar space, will work with contactors who take pride in using recycled construction materials. ® On the Interior space, will implement the use of various furniture and fixtures made from recycled materials. 2) SB17 will supply environmentally friendly products and services s Will incorporate a "paperless' approach within the day to day operations of the business. ® Will work with local farmers that take pride in sustainable and organic farming practices. Will only use companies for in -house services (laundry, paper) that fall In line with the practice of asustainable and ethical business, ' 3) SB17 will make a never - ending commitment to environmental principles in its business operations B Will constantly be evaluating and revising its policy to maintain its environmentally responsible practices. ® Will encourage customers, employees, and neighbors to participate in activities that promote the environment. ® Will take pride and be conscious of its reputation for being a "green" business. Town Policies and Ordinances: A major goal of the Town of Los Gatos is to promote "a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community." In addition, the Town has taken a firm stance on not allowing the replacement of retail uses with new restaurant uses in an effort to preserve the mix of uses as well as the crucial taxrevenue generating areas. It is the intention of SB17 to make minimal cosmetic changes to the current space and not engage in any restaurant specific capital improvements such as gas -fired ranges and commercial cooking hoods, grease - traps, or walk in style refrigeration. The large retail - oriented portion of the business should Increase the tax revenue generation of the proposed space. SB17 will provide a missing use to the Town's mix which is important to the community which is the local winemaker. A goal of the Town is to involve the winemakers from the hills of the Santa Cruz Mountains in the Town and make local wine and local wineries a true attraction for visitors. Winemaking is an important part of Los Gatos history that SB17 intends to highlight and also generate more public awareness of its rich history. The Town alcohol policy currently "strongly discourages the issuance of new applications for stand alone f bars and restaurants with separate bars;' The format of SB17 does not fit into either of these categories. The combination of simple food and beverage service, retail sales, and wine education is truly unique and fits new category of business in the Town, We understand it is the Town's intention to revise the current polices to include a wine bar category, and we support that effort. Conclusion: S817 is anew and unique style of business and hopes to add to the vibrant mix of uses that make Los Gatos one of the most desirable places to visit and live. The SB17 team are long time residents of the Town and are confident they can meetthe operational goals of the Town and create a fun new business for everyone to enjoy, j CONDITIONS OF APPROVAL -- February 9, 2011 For the Architecture and Site Application 217 N. Santa Cruz Avenue, Suite B Conditional Use Permit Application U -10 -020 Architecture and Site Application S -11 -003 Requesting approval for exterior modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17- 091. PROPERTY OWNER: Rugani Family APPLICANT: Joseph McCarthy, Jr 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, in substantial compliance with the development plans noted as received by the Town on January 5, 2011, and in compliance with the applicant's letter noted as received on January 5, 2011. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the 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. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the initiation of any operational changes permitted under this approval, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the observance of the conditions of approval. Said agreement shall be subject to approval of the Chief of Police, the Director of Community Development Department, and the Town Attorney and will be signed by the applicant. Operators who are successors in interest to the CUP shall be required to meet with the Town CDD Director and Chief of Police and agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 4. APPROVED USE: The approved use is a wine shop and wine bar without commercial cooking facilities or equipment. 5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and outdoor seating. 6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a physical delineation to the satisfaction of the Community Development Director and the Police Chief prior to the commencement of use. 7. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or commencement of use, whichever comes first, the applicant or owner shall record a hold harmless agreement releasing the Town of any liability related to the outdoor seating. 8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials and appearance (plastic furniture is not permitted). 9. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed daring building plan check. i S1 4 10. MAX2v1UM OCCUPANCY: There shall be no more than 35 persons in the establishment, including outdoor seating areas, at any given time. 11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 12. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is required prior to commencement of use. 13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department is required prior to commencement of use. 14. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.1.15 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, Building Division 15. PERMITS REQUIRED: A building permit shall be required for the alteration to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 16. CONDITIONS OF APPRO'V'AL: The Conditions of Approval must be I blue-lined in fall on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 1'7. SIZE OF PLANS: Four sets of'construct oin plans, maximum size 24' x 36 ". 18. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application as necessary and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures . obtained, return the completed form to the Building Department Service Counter with the M Certificate, (Note: If demolition is minor,- the Bay Area Air Quality Management District may not require a J# Certificate) and three (3) sets of plans to include all existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 19, TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance foams must be blue -lined on the plans including lighting compliance and mandatory measures. 20. TITLE 24 ACCESSIBILITY COMMERICAL: For any proposed tenant improvements, on -site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks, 21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect and then confirmed by Town staff. 22. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: (Reminder: Try to submit to these agencies as early as possible as review time can be lengthy) a. West Valley Sanitation District (WVSD): (408) 378 -2408 b, Environmental Health Department: (408) 885 -4200 C. Town Public Works Department: (408) 3997530 23. PLANS: The construction plans shall be , prepared tinder the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 24. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development— Planning Division: Jennifer Savage (408) 399 -5702 b, Santa Clara County Fire Department: (408)378-4010 c. West Valley Sanitation District: (408) 378 -2407 d, County Environmental Health Department: (408) 885 -4200 e. .Environmental Services Department of the San Jose /Santa Clara Water Pollution Control Plant for Pretreatment Notice /Certification. You can contact this agency directly at (408) 945 -3000 to obtain application and certification requirements, This agency works in conjunction with West Valley Sanitation District, 25. ADVISORY COMMENTS for CAFE TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing Buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 1134B, "Accessibility for Existing Buildings ". Existing accessibility features and/or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and door hardware, and 24" strike side. clearance. (Please Note: If the building cannot be altered to provide the strike side clearance, an accessible remote control button must be provided to open the Main ( Entry; (b) Accessible route to altered area (including parking space and path of travel from public way and necessary signage); (c) Accessible Restrooms; (d) 60" of the New Bar must be at the handicap accessible height of 34" maximum; (e) Handicap accessible seating must also be provide in the Outdoor Patio area. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $128,410.86) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20% of the budget), then the Owner can limit disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www,losgatosea.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue - lined, sticky - backed) to the plans. c. Section 412.3 of the 2010 California Plumbing Code requires that separate toilet facilities shall be provided for each sex. However, Footnote 19 to Table 4 -1 allows the Authority Having Jurisdiction to approve alternative design criteria when determining the minimum number of plumbing fixtures. Since half of the facility is a mercantile occupancy of less than 1500 square feet, a unisex toilet facility for use by both sexes can be permitted. TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 26. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job F 27. 28 PA 30. . 31 32, 33 34. 35 related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the devel'oper's expense. ENCROACHMENT PERMIT,, All work. in the public right -of -way will require a Construction Encroachment Permit. All work over' $5,000 will- require construction security. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right- of-way. Failure to do so will result in rejection of work that went on without inspection. SIDEWALK. CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current. Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15,40.070). SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALT; NOT be washed into the Town's storm drains. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not, limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. . Existing improvement to be repaired or replaced shall be at the ' direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled. Access provisions. Developer shall request a walk- through.with.the Engineering Construction Inspector before the start of construction to verify existing conditions. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of - curb and gutter repair will be determined by the Engineering Construction. Inspector during the construction phase of the project. 36. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 37. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed'shall be provided prior to issuance of a building permit. 38. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and provide area drains connected to the sanitary sewer system per current NPDES requirements, Temporary trash enclosures are exempt from this condition. 39. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 40. CONSTRUCTION NOISE. Between the hours of 8 :00 a.m, to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding f eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible, The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right- of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 42. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood e -mail notification program to provide project status updates. The e -mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. 43. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. N:1DEACONDITW201 I NSC217 A &S.doex THIS PAGE INTENTIONALLY LEFT BLANK It 4y L— 0 5 L 0 ci THIS PAGE INTENTIONALLY LEFT BLANK /I SB17 WINE SHOP and BAR LOS GATOS AN 5 2011 TOWN OF LOS GATOS Business: PLANNING DIVISION SB17 is an enjoyable good —times wine bar and retail wine shop to be established in the town of Los Gatos. SB17 will celebrate the wines of the Santa Cruz Mountains and the Santa Clara County while offering local organic cuisine in the form of enjoyable delectable small plates and antipasti, S1317 will offer wines at retail pricing and an eclectic selection of beers as well as wine maker events and private parties. While establishing a sense of community, SB17 prides Itself on combining quality wine with a casual and comfortable experience. SB17 aims to provide this experience while upholding its reputation as an environmentally conscious business. The Name: SB17 takes its name from the highway that runs through the town. SB stands for "South Bound" since that is the direction into the Santa Cruz Mountains where many of the wineries represented in the wine bar are located. Concept: SB17, in its year of inception, will offer 75 wines by the bottle, with 25 wines also sold by the glass, A significant portion of the S817 wine list will consist of wines offered in the Santa Cruz, Monterey, and Santa Clara wine appellations. The remainder of the list will cover old world regions such as Italy, Spain, and France. SB17 will also offer an eclectic beer selection from domestic breweries and higher end imports. SB17 will specialize in offering a diverse and affordable selection of wines by the glass to its patrons as well as wines bythe bottle in all price ranges. The cuisine exhiibited in our menu will exhibit local cuisine from organic and sustainable producers. The small plates menu will keep clientele around who are looking more than just a glass of wine. Food service will be available during all hours of operation, and will be prepared behind the bar by way of smaller appliances like Panini makers and a convection oven. There will be a food case offering an assortment of meats, cheeses, olives, and other antipasti as well as mini pizzas and Panini. SB17 will not take reservations. A non- reservation policy creates a type of atmosphere that accommodates spontaneity and a place that people can easily just "drop by." Along with being a destination for anybody looking for a quick bite to eat and glass of wine, SB17 will also serve as a meeting place for friends and a "first, second, orthird date" wine bar. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which tends itself to clientele that would like a glass of wine or light fare later on in the evening. SB17 aims to engage its customers with guest winemalcer appearances from local wineries, the SB17 wine club, and special menus featuring local seasonal cuisine. The retail program will be a large part of S1317's daytime business and will draw people in to the wine bar at all times of day to grab a bottle of wine for dinner or a hostess /birthday gift. SB17, to take after its name, will be the featured retailer for the more than 70 producers of the Santa Cruz Mountains. Without a true outlet dedicated strictly to selling Santa Cruz Mountains at the retail level, SB17 will fill the void proudly. Demand: The establishment of wine bars throughout California has grown significantly over the last 10 years or so. Within the Bay Area, wine bars have opened at a rapid pace, and have continued to open new locations on the peninsula such as San Mateo, Redwood City, Menlo Park, Palo Alto, Mountain View; San Jose, Campbell, Morgan Hill, Santa Cruz, and Capitola. The idea of opening a wine bar in Los Gatos fits the demand of its residents, which consist mainly of affluent baby boomers, many of which are highly >=XMIT 6 educated and knowledgeable about wine. Also, with a retail program centered around producers of the Santa Cruz mountains, SB17 will provide its customers with wines produced in their own back yard. Location and Audience: 5617 will offer its residents, along with visitors from neighboring areas, something that is uniquely their own. 5817 will be the first wine bar ever established that represents local wines and food products thus making it "uniquely Los Gatos ". Many of the citizens of Los Gatos are from a European background, they will appreciate that S1317 celebrates their heritage in its wine selection and cuisine. SB17 will attract the Silicon Valley Businessman on his way home to meet up with his wife, client, or business partner along with women meeting girlfriends to chat and couples meeting for a first date. On the weekends, S1317 will extend its demographic to a younger crowd consisting of locals, students, and visitors from neighboring cities within the Santa Clara County, Buzz: SB 17 aims to be something that Los Gatos can truly call its own because of its dedication to local wine growers, producers, and wlnemakers. Wines of the Santa Cruz Mountains are quickly gaining recognition within the wine community as growers and producers. Examples include Burrell School's many medal winning wines at the California State Fair and the San Francisco Chronicle Wine Competition as well as Ridge's "Winemaker of the Year" award from the San Francisco Chronicle in 2006, 5817 will be the first establishment within the Santa Cruz Mountain/ Santa Clara County area, aimed at celebrating wine and organic food products created in one of the world's most fertile agricultural areas. Setting: The inside of SB17 will resemble an old- world European style wine bar while also celebrating old town. Los Gatos. Wine paraphernalia from old world wine countries will be on display along with early pictures of Los Gatos. There will be a bar area with 8 stools surrounding, The inside area will consist of several tables with chairs in the front area. In the rear area there will be racking along the walls displaying wine and artwork for sale, as well as some tables offering various items for sale..such as corkscrews, decanters, plates, platters, books, knick- knacks, etc. `During the day, large glass windows will display the unique inside of the wine bar. There will be a significant portion of the overall premises dedicated to the retail program with additional retail offerings strategically placed, throughout the entire store, The retail areas will' be easily accessible and attractive for customers, looking for bottles of wine to take home. Keeping in'the theme of celebrating wines of the Santa Cruz Mountains, we will tell the story of these wineries in pictures (provided by the wineries) that will be spread throughout the wine bar and retail area. As the sun goesdown, the bar will become dark inside but have just enough : light to make it appealing. At night, candles and dim lighting create an intimate atmosphere. SB17 will have an outside patio area for enjoying food and wine in a "sidewalk cafe" format. The Mediterranean climate in Los Gatos lends itself to the increasingly popular sidewalk cafe style experience. The people of Los Gatos would embrace the chance to enjoy the outside area and vibrant downtown atmosphere, while drinking a glass of wine. This particular property lends itself to this setup, just as the neighboring tenant Dolce Spazio embraces the European style plaza with Its outdoor cafe style seating during the warmer months. S1317 has a goal of expanding this offering to create a synergy between its neighbors, a gelateria and a Mediterranean style cafe, to create a miniature European plaza experience. Typically, SB17 envisions 12— 18 patrons seated at any given time with 8 -10 patrons standing or meandering through the premises shopping and enjoying wine. History of Space: The building that now houses 217 North Santa Cruz Ave was originally built as a market for the Town citizens in the 1930s by Gene Rugani. He operated his business for over 40 years. Later, his son Larry took over the business and ran It for many years as a high class wine shop. The Rugani family could not be more pleased than to bring back the original feeling of Town service to this space, especially in the field of wine which has been a passion for them for generations. SB17 will restore the space to its original and most successful use. Experience: Citizens of Los Gatos have yearned for that "middle ground" between formal restaurant dining and bar hopping. SB17 will offer Its customers a casual experience in a comfortable atmosphere. One can sit at the counter or communal table talking with others over a glass of good wine or simple meal, or relax and hang out with friends. Therefore, whether its patrons would like to sample small plates orjust hang out and have a nice glass of wine, SB17 takes care of a niche within Los Gatos that has long been Ignored. SB17 aims to be a meeting place among Los Gatos citizens and visitors of neighboring communities. With a friendly and knowledgeable staff and an intimate atmosphere, those who come to SB 17 will keep returning for more. Quality: attention to detail, superior products, Los Gatos products Comfort: easy to be yotu-self, the customer is first and foremost, authentic atmosphere, memorable experience Knowledge: ability to educate customers, educated staff, thought - out wine and food selection On Premise Wine Program: As stated in the opening, SB17 will hand - select the majority of its wines from local producers from the Santa Cruz, Monterey, and Santa Clara counties. The remaining selection will be from "Old World Countries" such as Italy, France, and Spain. In the first year, SB17 will have a 75 bottle list, 25 of which will be offered by the glass and by the taste. SB17 will have selections by the glass ranging from $8 to $15 per glass. Flights (or wines in a three taste selection) will also be available for customers who would like to taste different types of wine. The By the Glass selection will be on a week by week rotation to keep the offerings fresh and exciting. On premise wines will be available In the following format: o 3 oz half glass -- • 6 oz glass o Flights (3 2 oz. pours) o Bottle • Retail bottle for take -away - -- The by the bottle selection will consist of wines in all price ranges. In the second and third year, the list will grow as the reputation of the wine bar is heightened and business grows. Beer Selection: Since Los Gatos is also a beer drinking town, SB17 takes pride in having a wide variety of quality beers to choose from. The quality of beer In the form of microbreweries and imported selections is at its peak. S817 aims to display microbrews from domestic breweries along with an eclectic selection from around the world. BB17 will serve its beer on draft in pint glasses and will also offer a bottle selection. SB17 will carry high quality beers from brands that span the globe Including Leffe (Belgium) (Italy), Chimay (Belgium), Bitburger (Germany), Allagash (Portland, Maine USA), Ommegang (Cooperstown, NY), Lagunitas (Petaluma CA), North Coast (Mendocino CA), and Trumer Brauerei (Berkeley CA). SB17 would like to continue the European feel by serving the beer in the proper style of glass and beer company logo of the beer being served as is done in Europe. Off Premise (Retail) Wine Program: All wines from the Wine List will also be available at retail pricing or to "take home ". Since SB17 will be openfor business.starting at 11:00 AM every day. The retail wine program will feature wines that have been rotated in and out of SB17's on- premise program. If a customer wishes to purchase a bottle of wine for retail the same night they drink It, as a "take home ", they will be able to do so. The majority of retail sales will take.place from the hours of 11,00 AM to 6 :00 PM, since the evening times caters more to the on- premise crowd, . Retail program and tax revenue: - SB17 will dedicate a large portion of the space to a retail program. Attractive shelving a'knowledgeabie staff, and a commitment to sending customers home with quality wines will make SB17's retail program a success, With an anticipated high volume of retail sales as well as serving as the "brick and mortar" storefront for the Santa Cruz Mountain wineries; Los Gatos can expect a significant sales tax revenue stream from SB17. Cooperative approach with the Santa Cruz Mountain Winegrowers Association (SCMWA): SB17 has committed itself to exposing its customers to the wonderful wineries of the Santa Cruz Mountains, and several Santa Cruz Mountain wineries have also already committed to 51317. The vineyards of the.Santa Cruz. Mountains are truly special, being not only visibly spectacular, but also producing some of the. world's most luscious and elegant wines. SB17 will use these wonderful products in a retail program that will help connect their customers to the "fantastic growers and purveyors of the Santa Cruz Mountain appellation. SB17 will cooperate with the Santa Cruz Mountain Wineries association to optimize exposure to all producers, large and small, of this area. Actions SB17 will take to optimize its relationship with the SCMWA are: 1) Featuring wines of the Santa Cruz Mountains in its on and off- premise program SB17 will succeed in understanding the history of wineries and will help their customers develop relationships with the wines. As a result of SB17's on and off premise programs, wineries of the SCMWA will become part of the culture and social framework of Los Gatos. Reserving a large portion of the "wines by the glass" selection for these producers will help familiarize customers with wines they may have never tried previously. The wine list of SB17 feature wines on the list with small descriptions, customized In cooperation with Santa Cruz Mountain producers. 2) SCMWA Passport program The SCMWA passport program Is designed to give visitors intimate access to wineries within the Santa Cruz Mountain Appellation. With more than 50 wineries participating in the program, the passports allow visitors to participate in on -site winemaker demos and intimate tastings. SB17 is located in the direct center of the SCVWA and will act as a fantastic starting point for these tours. In serving as the "hub" for these tours, SB17 will also participate in activities that promote the passport program. These activities include: • Advertising. and distributing SCVWA passports in the wine bar t r • Promoting SCVWA passports and related activities on our website, This includes Passport maps, "passport schedules ", and activities related to the SCVWA • Serving as a starting point, we will act as a gathering spot for parties partaking in the SCVWA tours. This includes organizing transportation and providing "Box lunches" for the tours. Wine Club: The wine club at SB17 will be assembled within the first year of business, around the third month of the business opening and after the website has been launched, The SB17 wine club will consist of members who desire to receive three wines every month at special pricing. This wine club will serve the purpose of exposing our customers to different types of wines. Along with providing fantastic wines at desirable prices, SB17 will aim to educate the customer on the wine featured that month providing .a social event one day at the end of each month. Working with producers and suppliers, we will attain special pricing for our wine club and organize an evening where our customers can meet either winemaker or a representative for at least one of the wines featured that month. Entertainment and Town Interaction: SB17 prides itself on being interactive with its clientele, offering a bridge between purveyors and their customers by scheduling regular tasting events. These events are extremely popular because they offer an education that can also be used as a social event. Besides the events centered on the wine club, S817 will also bring in winemakers that come in from other countries. SB17 will Interact with town agenda (Music in the Park,Jazz on the Plaz, Farmers Market, Christmas Tree lighting, etc.) and aim to be an additional destination to coincide with these events, as well as booth - sponsor when appropriate. Website and Emailing List: SB17 will feature a state of the art website that will attract customers into the wine bar. The website will offer future customers an opportunity to preview SB17, while keeping our current client base up-to date with the latest happenings. SB17 will build a large email list that will keep customers informed on winemaker nights and special promotions. Hours of Operation: Sunday & Tuesday: Wednesday & Thursday: Friday & Saturday: General 11:00 AM 9:00 PM 11:00 AM —12 :00 AM 11:00 AM —1:00 AM Patio 11:00 AM -9:00 PM 11:00 AM —12:00 AM 11:00 AM —1 :00 AM Food service will be available during all hours listed above. SB17 will maintain slightly later hours as the theme of the establishment is more European in nature which I -ends Itself to clientele that would like a glass of wine or light fare later on in the evening. With respect to the conditions set forth in the Town alcohol policy Section 2 Paragraph 6 letters A -C we feel SB17 Is in compliance per the following: A. The atmosphere of the establishment is quiet in nature. We do not anticipate any disturbances or elevated noises coming from the patrons enjoying food and wine later In the evening, B. SB17 is new and has no history of complaints or non- compliance. C. SB17 is anew and unique use fulfilling a need in the Town and adding diversity to the Towns vibrant mix of uses. S1317 also provides a service to locals participating in various aspects of the wine Industry, particularly providing a retail venue for local winemakers. Adjacent Uses Hours of Operation: The following table of hours of operation of adjacent uses is intended to provide background information on the relationship between parking, seats, and occupancy load. During the daytime, SB17 will have a larger retail presence and lies within the parking requirements. Additionally, the number of seats and related parking requirement on the plan is met during the nighttime use, which may see a slight increase in the number affood a.nd, beverage consumption customers. This table Is Intended to show that there is ample parking available during the later hours for any occupancy within the constraints of the plan that may not be directly related to the number of seats. Shish Kebab — 11:OOam to 10OOpm Mondaythrough Friday Holland Consulting — 8:00am to S :OOpm Monday through Friday Farmers Insurance— 8 :00am to 5 :00pm Monday through Friday Tom Kelly Appraiser -- B :OOam to 5 :00pm Monday through Friday Creative Juices — 9:OOam to 5:OOpm Monday through Friday Angela's Salon — 10:OOam — S :OOpm Monday through Saturday Dolce Spazio: Monday through Friday - 6:OOam - 11:OOpm Saturday 8:OOam- 11:30pm Sunday 12:00pm- 11:OOpm Management: Gino Fumia has been in the wine business for eight years and has dreamed of opening a wine bar since his days of tilling vineyards and cleaning barrels in a 75 year old winery located in Ingelhelm Germany. As a successful sales rep for Vinity Wine Company for over 6 years,. Gino was.able.to witness wine bars• explode into mainstream nightlife in. San Francisco. Working together with managers and wine bar owners, Gino was able to contribute in making wine bars a successful part of the San Francisco experience. A native of Los Gatos, Gino hopes to see his - vision for wine bars in his hometown become a reality. Being from Los Gatos, Gino understands the pulse of Los Gatos and sees a niche that has yet to be realized. As the manager of SB17, Gino will use his 11+ years of experience_ within. various aspects of the wine_ industry to make the SB17 experience memorable. With a major in agriculture business and a minor in wine and viticulture, the hands- on experience of two harvests, and a currently successful wine sales career in San Francisco; Gino hopes to share his wonderful experiences with customers who have a passion for wine or who are just expanding their palate. With an understanding of the distribution end of the wine industry, Gino will be able to maximize relationships with suppliers and distributors. This will allow SB17 to attain more purchasing power and develop a good rapport with purveyors. f Staff: S1317 aims to have every member of its staff trained in the basics of customer service. SS17 will have a festive and friendly atmosphere that provides a comfortable atmosphere for all who walls in. The staff will carry this attitude with them and aim to please all customers of S817. Every member of the staff will receive an education from management and sales representatives who offer wine instruction. Sustainable or "Green" business practices of 5817: SB17 understands that the citizens of Los Gatos are environmentally conscious and will apply this concept in the development and day to day operations of its business. S1317 desires to be recognized as a sustainable business, which means it will aim to eliminate or decrease the impact made on the environment by harmful chemicals, materials, and waste that can be generated by irresponsible practices. Additionally, SB17 understands that being sustainable will contribute to being a well rounded business and will apply the following methodology that is common to a sustainable business: 1) 51317 will incorporate principles of sustainability into its business decisions • In the initial interior improvement of the wine bar space, will work with contactors who take pride in using recycled construction materials. • On the interior space, will implement the use of various furniture and fixtures made from recycled materials. 2) S1317 will supply environmentally friendly products and services • Will incorporate a "paperless" approach within the day to day operations of the business. • Will work with local farmers that take pride in sustainable and organic farming practices. • Will only use companies for in -house services (laundry, paper) that fall in line with the practice of a sustainable and ethical business. 3) SS will make a never - ending commitment to environmental principles in its business operations • Will constantly be evaluating and revising its policy to maintain its environmentally responsible practices. • Will encourage customers, employees, and neighbors to participate in activities that promote the environment. • Will take pride and be conscious of its reputation far being a "green" business. Town Policies and Ordinances: A major goal of the Town of Los Gatos is to promote "a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community." In addition, the Town has taken a firm stance on not allowing the replacement of retail uses with new restaurant uses in an effort to preserve the mix of uses as well as the crucial tax revenue generating areas. It is the intention of SB17 to make minimal cosmetic changes to the current space and not engage in any restaurant specific capital improvements such as gas -fired ranges and commercial cooking hoods, grease - traps, or walk -in style refrigeration. The large retail - oriented portion of the business should increase the tax revenue generation of the proposed space. S817 will provide a missing use to the Town's mix which is important to the community which is the local winemaker. A goal of the Town Is to involve the winemakers from the hills of the Santa Cruz Mountains in the Town and make local wine and local wineries a true attraction for visitors. Winemaking is an important part of Los Gatos history that SB17 intends to highlight and also generate more public awareness of its rich history. The Town alcohol policy currently "strongly discourages the issuance of new applications for stand alone bars and restaurants with separate bars:' The format of SB17 does not fit into either of these categories, The combination of simple food and beverage service, retail sales, and wine education Is truly unique and fits a new category of business in the Town. We understand it is the Town's intention to revise the current polices to include a wine bar category, and we support that effort. Conclusion: SB17 is a new and unique style of business and hopes to add to the vibrant mix of uses that make Los Gatos one of the most desirable places to visit and live. The SB17 team are long time residents of the Town and are confident they can meet the operational goals of the Town and create a fun new business for everyone to enjoy, 7anuary 27, 2011 . Town Council Town of Los Gatos 110 E. Main St. Los Gatos, CA 95030 Dear Los Gatos Town Council: w JAN 282011 TOWN `OF LOS'GATOS. PLANNING DIVISION I am writing in support of the proposed wine bar project between Dolce Spazio and Shish Kebab Restaurant. As a Los Gatos native, I've always enjoyed our downtown shops and restaurants. North Santa Cruz Avenue Is a fun place to spend the day and share with out- of-town visitors. Having worked at three downtown businesses, I understand the value that these local establishments bring to the community. I'm in support of the proposed wine bar project 'because it will further enhance the downtown area and will fill a void currently evident between restaurants and bars. The proposed wine bar will provide a gathering place — a vital thing in a close -knit community like Los Gatos. It would be great to have a casual spot to meet with friends that doesn't involve a fancy sit -down meal or the scene of a bar. It will also allow customers to learn about wines grown in the area and develop . a connection to the vintners who produce it. Given the current awareness of eating locally, this is a great way for people to understand more about local wine options available to them. Customers will likely be encouraged to later visit the tasting rooms and vineyards of these wineries, furthering their supporE of Los Gatos businesses.. I appreciate your time and consideration and thank -you for all of your work to make Los Gatos such a wonderful community. Sincerely, Allison Parker cc: Planning Commission ; r t EXMIT 7 THIS PAGE INTENTIONALLY LEFT BLANK 1 FEB 2010 Jame Sr � anell® TOWN OF LOS OATdS Man PLANNING DIVISION Sentencing Consultation and Criminal Investigations 16846 Leroy Ave Los Gatos, Ca 95032 Cell ( 408) 348 -0559 Mango 1100 @comcast.net DATE; 1/29/11 Dear Members My name is James Manganello, and my wife Gail and I have resided in our wonderful town of Los Gatos for 40 years. Gail recently retired from her long time job as an elementary teacher at Van. Meter Elementary School, I spent 30 years as a peace officer in Santa Clara County, as an investigator, and criminal sentencing specialist for the Santa Clara County Superior Court Bench. We have raised two wonderful children, who were both lucky to be educated here in Los Gatos from grade school through high school. For us, nothing is more important than our wonderful town. WV .are writing to you today in support of the prop retail wine shop and wiiie bar proposed for the retail. space between Dolce Spazio and Shish Kebob Restaurant. Gail and I think.this is a wonderful opportunity for the town of Los Gatos for a number of reasons. This type of establishment is becoming very popular in many of the small towns and larger cities in Northern California. While we have many fine restaurants and bars in town, this is something entirely different. It is my understanding that the establishment will serve light food in conjunction with the wine serving, which would be a Li ce alterna to the full restaurant experience, and would not compete well- established eateries. Also, the intent of the prospective owners is to support many of our great local wineries, especially in our nearby Santa Cruz Mountains. What a great opportunity to provide a comfortable'upscale alternative to the regular bar scene, and at the same time increase'the exposure of some of these great wineries, who contribute a great deal to our lovely culture, and our economy. As many of these wineries are not easily accessible,.a wine bar such as is proposed provides valuable information regarding these establishments. - I see this proposed establishment as just what a great tbwn"like Los'Gatos needs and deserves.- 1, know Gail: and X will tie some of the first folks through the door'. I urge you to heartily endorse this proposed establishment, being put forth by some of Los Gatos' finest long time residents. I would like to thank you for taking the time to read our letter, and if you have any questions of either Gail or I, please don't hesitate to contact us by phone, in person, or by e- mail. Thanks again, and hopefully in the near future, we can all have a glass of local wine to celebrate a new wonderful place to patronize in our lovely Los Gatos. incerely, James S Manganella ■ I N L f A R D 3 Box 3636 Santa Cruz Mountains, CA 95063 408-353-2278 Town of Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 cc: Planning Commission RE: Permit for 217 N Santa Cruz Ave., application # U -10 -020 To Whom It Concerns: 'IV[) TOWN OF LOS GATOS PLANNING DIVISION I am writing in support of the permit filed by Joey McCarthy, Gino Fumia, and Jinn Foley for a wine shop and wine bar specializing in local wines. Although Los Gatos has (and has had) a couple of wine bars, there is none existing dedicated to our local wineries. As a Los Gatos winery in the Santa Cruz Mountains I consider Los Gatos to be the'Gateway to Santa Cruz Mountains Wine Country'. As such, Los Gatos would benefit in this role by highlighting its connection to our local wine country. In the greater Santa Cruz Mountains area there are curre fitly only two wine shops focused solely on local wines: `Dino Locale in Palo Alto, and VinoCruz in Santa Cruz. These businesses are in part so successful due to high consumer interest in the wines of the Santa Cruz Mountains. This is a Beat opportunity to bring a similar business to Los Gatos, Please approve this permit and support our local wine industry. Regards, , � e ! �� J rold O'Brien Silver Mountain James W. Foley P. O. Box 2153 Saratoga, California 95070' (408) 777 -9917 jini®jimEoley.com RECEIVED FEB 0 w 2011 MAYOR VOWN COUNCIL January 31, 2011 Los Gatos Town Council Town of Los Gatos 110 E. Main St. Los Gatos, CA 95030 Honorable Mayor and Town Council Members; While I have lived in Saratoga since the raid -1950s near the La Hacienda, my family's focus for shopping, gas, auto repair, school (I graduated from St Mary's), has always been Los Gatos. Los Gatos is currently considering permits for a new retail wine shop and wine bar. on Santa Cruz Avenue between Dolce Spazio and Shish Kebab restaurant. I believe this is an excellent opportunity for Los Gatos. The Los Gatos area has a rich history with wineries (The Novitiate) and this will reinforce that to the identity of the Town. There are many local wineries that are not easily accessed by the residents and visitors and this will be a way to show those wineries support and educate people about fantastic wines produced locally. In fact, for many years there was a premium wine shop in this very location. ' I hope the Town of Lo's Gatos will -recognize this uiique. opportunity and eXpedite the processing of all applications and permits. cc: Los Gatos Planning Commission RECEIVED To: 'sown Council Cc: Planning Commission Town of Los Gatos 110 E. Main St. Los Gatos, CA 95030 Dear Council, MAYOR & TOWN COUNCIL. I write this letter as a local resident and business owner to signify support for the new retail wine shop being proposed for downtown Los Gatos. I think the combination of wine education along with an emphasis of local wineries would make for a very enjoyable retail experience and support the local economy. I also feel the environment would create a great place to begin a night out in downtown Los Gatos, possibly before heading off to a local restaurant for dinner, or a great way to spend a couple hours on a Saturday afternoon. / Sincerely, Dave Bianco February 1, 2011 RECEIVED FEB 2 - 2010 TOWN OF LOS GATOS PLANNING DIVISION The Town Council The Planning Commission. Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 RE: Application for Retail Wine Shop and Wine Bar Dear Council and Planning Commission; I am a long time resident of the town and live at 16436 Bonnie Lane. I am in favor of the McCarthy application for a retail wine shop and wine bar next door to Dolce Spazio, I understand that one focus of the business will be local Los Gatos and Santa Cruz wineries, That is a very appealing concept and E know I will support the establishment once it is open. Hopefully, the business will offer wine classes and tastings on a regular basis. Thank you for considering my support of this new local business. My best, r Town Council Town of Los Gatos 110 Main Street RECEIVED Los Gatos, CA 95030 To; Town of Los Gatos TOWN OF LOS CCATOS Re; Wine Bar and Shop, Gino Fumia, Joey McCarthy, Jim Foley PLANNING aIV1SJON We are writing this letter in support of the proposed new wine shop and bar owned by Gino Fumia, Joey McCarthy, Jim Foley We are longtime residents of Los Gatos. We are in favor of this new business for the following reasons. 1. Wine is a natural for Los Gatos. The surrounding area has many vineyards producing great wines. This wine shop and bar can showcase the best wine of the region. Good for the wineries, good for Los Gatos, 2. We appreciate the idea of a bar alternative. A wine shop and bar would be a nice first stop before dinner in town, A wine shop and bar would be a nice break from shopping or a stroll through town. Good for the restaurants and shops, good for Los Gatos. 3, Los Gatos has many visitors during the year. The town needs to stay current to attract those visitor's dollars. A wine shop and bar is trendy, visitors to the town like trendy. It gives visitors a place to connect and a reason to return to Los Gatos. Good for the visitors, good for Los Gatos. Any one of these reasons would be enough to be in favor of the wine shop and bar, All of the reasons together are compelling enough for us to consider the wine shop and bar and asset for the town of Los Gatos. Regards, Steve and Kathy Gibson Cc - Planning Commission of Los Gatos Jennifer Savage To: Subject: Irhorer @gmail.com RE: new wine bar opening On Feb 2, 2011, at 5:46 PM, Lisa Rhorer < llsa @cincinwinebar.rom wrote: > Hi Jessica, > Happy New Year. Hope you are doing well. I wanted to talk to you about > a conversation I had with two gentlemen regarding their new business. > > Two gentlemen came into Cin -Cin, Gino and another gentleman - letting > me know they are opening up a wine bar where Summit Bicycles on Santa > Cruz Avenue is, They told me the town suggested they go around and > talk to local businesses to see if there was a problem. I understand > they will be focused on Santa Cruz Mtns wines and'Wiil have limited > food capability. They mentioned that they are asking the town to be > open till 11:00pm. > My concern is that when Cin -Cin, a full-service. restaurant and wine > bar initially petitioned the town for permission to extend it's hours. > from 10 :00 to 11:00 PM, Mike Wasserman and Barbara_Spector did not > like the idea and questioned what the town benefit would be. We found > this curious as we knew we were opening a sophisticated restaurant. > The town communicated that Cin -Cln could not serve alcohol after 9:00 > without food accompanying the alcohol and that we would be monitored > for the first year. It was mentioned that a full meal would have to > accompany the food, not a snack. Has the town changed it's stance on > this? This new wine bar proposes to be open until 11:00 PM, yet they > will not be a full restaurant: > > I hope the town will consider this proposition fairly. > Thanks, > Lisa > Lisa Rhorer > Proprietor /Wine Director, Cin -Cin Winebar Certif led Spanish Wine > Educator, Wine Academy of Spain > Executive Board of Director, Los Gatos Chamber > > www,cincinwinebar.com > Visit Cin -Cin on Face boo k - become a fan FEB 0 3 2011 Mark Fumia MAYOR VOWN COUNCIL 504 Hugo Street San Francisco, CA 94122 Mobile; (415) 999 -2913 markfumia@dwt.com February 1, 2011 Town Council Planning Commission Town of Los Gatos 110 E. Main St. Los Gatos, CA 9503C Re; Proposed Wine Bar between Shish Kabob Restaurant and Dolce Spazio Ladies and Gentlemen, My name is Mark Fumia, and I was born and raised in the town of Los Gatos. I am writing this letter in suppgrt of the proposed wine bar between Shish Kabob Restaurant and Dolce Spazio. Although I currently reside in San Francisco with my wife Jamie and son William, I continue to call Los Gatos my "home" and spend a significant amount of time in Los Gatos on the weekends visiting with my father and mother, Chuck and Molly Fumia, who have lived in the town for approximately 40 years. Over the last several years, my wife and I have had the opportunity to patronize several new establishments in San Francisco commonly referred to as "wine bars ", which are uniquely focused on wine and small plate food pairings. The growing popularity of wine bars is evidenced by their explosive growth all across the Bay Area. I am certain that the proposed wine bar in Los Gatos will be no exception to this trend and will provide an'ekcellent place for both town residents and.out -of -town visitors alike to convene for a glass of wine and quick bite to eat. Los Gatos is certainly known throughout the Bay Area for its fine restaurants and traditional bars, however, a Nvineibar offers an entirely different experience than either of those through its emphasis not only on wine, but also on the educational aspects associated with grape harvesting and wine making. The fact that ,the proposed wine bar will emphasize local wines produced by wineries in the Santa Cruz mountains and other surrounding regions will help educate town residents and visitors regarding our town's rich history in wine, and bring well- deserved attribution to the area. February 1, 2011 Page Two I am extremely confident that the proposed wine bar will be met with resounding support from Los Gatos residents, including both wine enthusiasts and the casual wine drinker. As a native of Los Gatos and frequent visitor of the downtown area, I look forward to patronizing the proposed new wine bar and enjoying the many aspects that it has to offer. If you have any questions regarding this letter of support, please do not hesitate to contact me. Sincerely, MaNFu a V - J044 andognay OU060 a 15293 '; (Pinto 9itonts Sego, CA 99o3o February 2, 2011 Town Council Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: Proposed Wine Bar and shop Dear Town Council Members, FEB 0a2011 MAYOR & TOWN COUNCIL. 1 write to express our support for the Wine Bar and Shop proposed by McCarthy, Funnia, and Foley to be located between Dolce Spazio and the Shish Kebob restaurant. We understand that the project will feature local wineries and provide an environment to experience the rich wine - making heritage of Los Gatos and the Santa Cruz Mountain area. We hope you will approve this venture which will add an enjoyable and special setting to downtown Los Gatos. Thank you for considering this exciting project. Sincerely, r and Nancy Gttoboni aMO cc: Los Gatos Planning Commission RECEIVED To: Town Council FEB 0 3 2011 Cc: Planning Commission Town of Los Gatos MAYOR & TOWN COUNCIL 110 E. Main St. Los Gatos, CA 9-9M RE: Wine Bar Project proposed by Joey McCarthy, Gino Fumla, and Jim Foley, located between Shish Kebob restaurant and Dolce Spaxlo We would like to express our support for this project as we think having a new venue that allows.folks to stop In to get a quick small meal and a glass of local wine would be a good addition to the downtown area. Not only will this be a spot to visit with friends, the draw of people visiting will Increase traffic to other retail venues in the downtown area. This type of establishment Is becoming the new "going out and spending time with friends" kind of business, and with the rising Interest in wine, It seems only natural that this be bunt in Los Gatos. There are many local wineries that could take advantage of this opportunity to showcase their wines and keep some of that business within our town. We look forward to dropping by and encourage you to approve this new business request. Leslie Leonetti and Jock McCoy t —CZ) OCn C.J Zo ZZ 0, Be 1 O I .5i � io 111 NEI 11 1 1 1 Mo 4 F 1-11 e fl�3 jsia u 'o 1 b idyl 1 j,�i p m S Nil 1 1log jj AHo 15.4 IN 1 E v , YB!" :�, t � R Rollo Of. I ! " C " ", I I NMI I S put 111V I I w. a i AMA, Y } 1 ......... Oh hx, a as Ha Ca CJ vt z O O 10 0 KC O 1 4 .wi Hui � t NIL! �t'r s �t �Z; ly 0 Z X"Y zim Alml IN Z k. z n W (Y ' ) }: § ANE] ( ( Z � /.&� ! m C4 -j i X"Y zim Alml IN Z k. z n W / ,� \� ( ( Z � /.&� ! z i LLJ Lli /; \ ■@!2 . 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