2011032107 - 217 N. Santa Cruz Avenue - Wine Bar Application Staff Reportyaw!+ 0 MEETING DATE: 03/21/2011
ITEM NO: ri
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t >cao5 COUNCIL AGENDA REPORT
DATE: FEBRUARY 28, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
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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
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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.
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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
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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
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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
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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
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�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.
Thanks,
Jay Druian
The French Cellar
32 East main Street
Los Gatos, Ca 95030
Tel: 354-0993
THIS PAGE
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THIS PAGE
INTENTIONALLY
LEFT BLANK
TOWN Off` LOS GATOS
v , iTEM NO: 2
PLANNING COMMISSION STAFF REPORT DESK ITEM
s eatog Meeting Date: February 9, 2011
PREPARED BY: Jennifer L. 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
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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. I think there is plenty of room for another, and
that it would be a tremendous asset to the Town of Los Gatos.
Thank you for your consideration.
Mary Lindsay and Ed Muns
Muns Vineyard
PO Box 1877
Los Gatos, CA 95031
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THIS PAGE
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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
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217 N. Santa Cruz Avenue
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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.
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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.
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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
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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
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