Desk Item #10MEETING DATE: 8/19/13
ITEM NO: 10
DESK ITEM
COUNCIL AGENDA REPORT
DATE: AUGUST 19, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -014. PROJECT
LOCATION: 16212 LOS GATOS BOULEVARD. PROPERTY OWNER: 16212
LOS GATOS BOULEVARD LLC. APPLICANTS: JOSEPH PRANG AND
CHRISTINE TRAN.
CONSIDER A REQUEST OF APPROVAL TO OPERATE A RETAIL WINE,
BEER, AND DISTILLED SPIRITS SHOP WITH SCHEDULED TASTINGS
ON PROPERTY ZONED CH. 523 -06 -010 AND -011.
DISCUSSION:
Staff received several questions from Councilmembers regarding 1) the definition of the use and
how it differs from a liquor store, 2) how the tastings would differ from a bar, 3) how many
tastings are permitted, 4) what type of notification will the neighbors receive of the scheduled
tastings, and 5) amplification of inside and outside music. In addition, the applicant submitted a
letter addressing some of the concerns raised by the Planning Commission (Attachment 8).
1) While the application process and ABC license are the same for a liquor store and a retail
wine, beer, and spirits shop, the main difference would be the hours of operation and the
type of merchandise they would sell. While technically a liquor store could operate
under the same CUP, for most, the hours of operation proposed for the subject CUP
would be too restrictive.
2) While the current conditions of approval do not contain a maximum number of pours per
patron (past CUP tasting approvals have not limited the number), the condition could be
modified to restrict the total number. Only a selection of items will be available for
tasting, a client would not be able to request a different item for tasting that is not part of
the tasting. The Council could choose to regulate the number of pours or total amount
served. The applicant has stated that a maximum of 10 oz. per patron would be sufficient
for their operation if necessary.
PREPARED BY: Sandy L. Baily, Director of Community Development Cd
Reviewed by: M Assistant Town Manag Town Attorney Finance
N: \DEV \TC REPORTS \2013\LGB 16212- desk.doex Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 16212 Los Gatos Boulevard /U -13 -014
August 19, 2013
3) The Conditions of Approval do not currently limit the number of tasting events. The
Plamling Commission discussed regulating the number of outdoor tastings and asked the
applicant to address this potential limitation prior to the Town Council meeting. The
applicant is proposing a maximum of 15 outdoor tastings a month. The Planning
Commission did not discuss limitations for indoor tastings or total number of tasting
events. The Council could condition the application regarding, indoor, outdoor, and or
total number of tasting events if desired.
4) Staff recommends the applicant notify the occupants of the adjacent residences by mail.
In order to better address questions 2, 3, and 4; condition 6 regarding the tasting events
could be modified as follows:
TASTING EVENTS /TIMES: Tastings shall be offered during the hours of 1:00 p.m. to
8:00 p.m. for a niaximurn of 3 hours a day, and only during operating hours listed above.
No more than 15 outdoor tasting events are permitted per month. A list of provided
beverages shall be established prior to the event, and tastings shall be restricted to
this list. The tastings shall be controlled two ounce pours for beer and wine and '/4 ounce
pours for distilled spirits. Each patron shall be limited to no more than ten ounces of
beer and or wine, or two ounces of distilled spirits. Water shall be provided at no
charge during all tasting events. The tasting events shall comply with maximum
occupancy as set by the Santa Clara County Fire Marshall. The applicant shall notify
immediately adjacent residential neighbors on Shannon Road and Magneson Loop of
upcoming outdoor tasting events ten days prior to the event(s) and shall include a
local phone number to call if an issue arises during an event.
5) The applicant stated that no permanent amplification would be installed but that a
portable device such as an iPod dock may be used for ambiance. The site would be
limited to the noise requirements within the Town's Noise Ordinance. The following
condition could be added for further clarification:
MUSIC: No live music is permitted. Permanent amplification is not permitted in the
outdoor patio area. The maximum decibel level permitted during tasting hours is 64 Dbl.
as established by the Town's Noise Ordinance.
ABC LICENSES
There has been some discussion by Councilmembers and Town staff regarding the types of ABC
licenses that the applicant would apply for. At this time, the applicant is looking to apply for:
- Type 20 (beer and wine only) or type 21 (beer, wine, and distilled spirits) for the
offsite retail sales. The type of license will depend on availability with ABC;
- Type 42 (beer and wine only) or type 48 (beer, wine, and distilled spirits) for onsite
service. The type of license will depend on availability with ABC.
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MAYOR AND TOWN COUNCIL
SUBJECT: 16212 Los Gatos Boulevard /U -13 -014
August 19, 2013
The combination of an onsite service /sales and offsite sales licenses is standard for most retail
sales with tasting operations in the region. ABC created a new type of license in 2011 for
instructional tastings (type 86). This type of license was created for large retail operators such as
grocery stores to provide very limited tastings. The applicant recently discovered that this type
of license would be not applicable to this type of operation. The applicant can speak. further in
regards to this as well as the availability of certain ABC licenses.
The Town does not include regulations on type of ABC license since these can change without
the Town's knowledge. In the event of conflicting limitations between the CUP from the Town
and ABC, the more restrictive limitation always applies.
CONDITIONAL USE PERMITS
When reviewing a Conditional Use Permit (CUP), the deciding and - recommending bodies
should consider the information in the applicant's business plan; however, the key consideration
should be the explicit proposed use since the business plan can change from owner to
owner. The explicit use may be, and is often, defined in the recommended conditions of
approval as a "use" condition. The CUP runs with the land, and the deciding and recommending
bodies should review applications based on the explicit use as opposed to the applicant or the
applicant's business plan.
Attachments 1 -7 (previously received with staff report):
1. Required Findings
2. Resolution Approving the Conditional Use Permit
3. Resolution Denying the Conditional Use Permit
4. Recommended Conditions of Approval
5. Staff Report to the Planning Commission for the meeting of July 24, 2013
6. Desk Item to the Planning Commission for the meeting of July 24, 2013
7. Verbatim Minutes from the July 24, 2013, Planning Commission hearing.
Attachment 8 (received with Desk Ttem
8. Response letter from applicant
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INTENTIONALLY'
LEFT BI- JANK
Joseph Prang
100 Sund Ave
Los Gatos CA 95030
Aug 8, 2 013
E C E
AUCI 1 Q' 20113
TOWN OF LOS GATOS
PLANNING DIVISIOIN
To: Los Gatos Planning Dept
Subject: Responses from Public Meeting on CUP Application
regarding Artisan Wine Depot Los Gatos at 16212 Los Gatos Blvd
1. Subject: Outdoor tasting area gate design suggestion. We have reviewed the
design per the recommendation to make it more "Craftsman" style and agree
to make that change in a style similar to the craftsman style gates shown
below (only in white or color matching building exterior):
ATTACHMENT 8
2. Subject: Exterior Lighting. We reiterate that there are no changes or additions
planned to the existing exterior lighting on the property. We also re- confirm
that all exterior lighting is timer controlled and can be turned off 1 hour after
closing.
3. Subject. Outdoor tasting area schedule: We reiterate our plan to use the
cordoned off area indicated in the CUP for tastings. After considering
feedback from Planning Commissioners, we propose limiting the outdoor
tasting to no more than 15 per month. This is consistent with our current
practice and that of our competitors to allow us to drive enough business to
be successful & generate our revenue and significant tax revenue.
We appreciate your consideration of these matters,
Joseph Prang Christine Tran
Managers
Artisan Wine Depot