Loading...
25 E. Main St - Staff Report and Exhibits 1-6 PREPARED BY: AZHAR KHAN Assistant Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 07/26/2017 ITEM NO: 2 DATE: JULY 21, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-17-022 (TIME EXENSION). PROJECT LOCATION: 25 EAST MAIN STREET. PROPERTY OWNER/ APPLICANT: AL MANSOORIAN. REQUESTING A ONE-YEAR TIME EXTENSION TO AN APPROVED ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW SECOND STORY ADDITION ABOVE A COMMERICAL SPACE (I GATTI RESTAURAUNT) FOR SEPARATE LIVING QUARTERS ON PROPERTY ZONED C-2. APN 529-28- 037. DEEMED COMPLETE: JUNE 22, 2017 FINAL DATE TO TAKE ACTION: AUGUST 12, 2017 RECOMMENDATION: Approval, subject to conditions. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: Central Business District, C-2 Applicable Plans & Standards: General Plan, Commercial Design Guidelines Parcel Size: 5,664 square feet PAGE 2 OF 5 SUBJECT: 25 E. MAIN STREET/S-17-022 JULY 21, 2017 N:\DEV\PC REPORTS\2017\E. Main St. 25 07.26.17 Time Extension.docx 7/20/2017 11:35 AM Surrounding Area: CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. FINDINGS:  As required, by Section 29.20.325 of the Town Code for granting a time extension. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: On August 12, 2015, the Planning Commission considered and approved an Architecture and Site application (S-12-102) to construct a second story addition above a commercial space (I Gatti Restaurant) for separate living quarters. The approval will expire within two years from the original approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to expiration or a reasonable extension not exceeding one-year is granted. An approval is used if substantial construction work specifically for the project is lawfully performed after the approval is granted, in reliance on the approval and in reliance on validly issued building permits (Section 29.20.335). Building permits have not yet been submitted for the originally approved project. Existing Use General Plan Zoning North Open Space High Density Residential RM-12:20: LHP:PD East Commercial and Residential Central Business District C-2:LHP South Commercial and Residential Medium Density Residential C-2 West Commercial Central Business District C-2 PAGE 3 OF 5 SUBJECT: 25 E. MAIN STREET/S-17-022 JULY 21, 2017 N:\DEV\PC REPORTS\2017\E. Main St. 25 07.26.17 Time Extension.docx 7/20/2017 11:35 AM DISCUSSION: A. Project Summary The applicant is requesting approval of a one-year time extension to an approved Architecture and Site Application to construct a new second story addition to a commercial space (I Gatti Restaurant) for separate living quarters. The applicant’s time extension request is included as Exhibit 4. B. Location and Surrounding Neighborhood The project site is located on the north side of E. Main Street across from College Avenue (Exhibit 1). The property is adjacent to mixed use commercial with residential above to the south and east, commercial to the west, residential to the south, and open space to the north. C. Zoning Compliance The zoning designation allows single- and two-family uses in conjunction with other uses permitted in the zone. ANALYSIS: A. Time Extension On June 9, 2017, the applicant submitted an Architecture and Site application for a time extension of S-12-102 to be able to finance the project and to better secure contractors for the project (Exhibit 4). If there are new facts concerning the proposed project, conditions of approval can be added or modified in order to grant a time extension. On April 3, 2006, Council determined that up to two time extensions are considered appropriate to allow projects to move forward. Time extensions are not intended to provide an opportunity to completely revisit an application. They are intended to provide an opportunity to evaluate if the facts that existed at the time of approval have changed or if new conditions are warranted. The current application was reviewed by the Building Division, Parks and Public Works Engineering Division, and the Santa Clara County Fire Department and the conditions of approval have been updated to reflect the current conditions in strikethrough and underlined font (Exhibit 3). The applicant is not proposing any change to the previously approved project and therefore, no additional conditions have been included. PAGE 4 OF 5 SUBJECT: 25 E. MAIN STREET/S-17-022 JULY 21, 2017 N:\DEV\PC REPORTS\2017\E. Main St. 25 07.26.17 Time Extension.docx 7/20/2017 11:35 AM Town Code Section 29.20.325 allows the deciding body to approve reasonable time extensions not exceeding one-year subject to the following findings: (1) There would be no legal impediment to granting a new application for the same approval. (2) The conditions originally applied or new conditions to be applied as part of the extension approval are adopted to any new facts concerning the proposed project. In regards to the first finding, the findings made for the previous approval still stand. I n regards to the second finding, there are no new facts concerning the proposed project . The Conditions of Approval (Exhibit 3) reflect the new expiration date, and conditions that have been modified. B. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. PUBLIC COMMENTS: At this time, the Town has not received any public comment. CONCLUSION: A. Recommendation As discussed above, there are no changes to the previously approved project and staff believes the findings required to grant the time extension can be made. Therefore, staff recommends approval of the time extension request. If the Planning Commission finds merit with the proposal, it should: 1. Make the required findings as required by Section 29.20.325 of the Town Code for granting a time extension request (Exhibit 2); and 2. Approve the time extension application S-17-022 with the conditions contained in Exhibit 3. B. Alternatives If the Commission has concerns with the application, it can: 1. Approve the application with additional and/or modified conditions of approval ; or 2. Deny the application. PAGE 5 OF 5 SUBJECT: 25 E. MAIN STREET/S-17-022 JULY 21, 2017 N:\DEV\PC REPORTS\2017\E. Main St. 25 07.26.17 Time Extension.docx 7/20/2017 11:35 AM EXHIBITS: 1. Location Map 2. Required Findings (one page) 3. Recommended Conditions of Approval (nine pages) 4. Time Extension Request (one page), received June 9, 2017 5. Public Comments, received by 11:00 a.m. Friday, July 21, 2017 6. Development Plans, (11 pages) received June 9, 2017 Distribution: Al Mansoorian, 25 E. Main Street, Los Gatos CA, 95030 This Page Intentionally Left Blank + 25 E. Main Street 0 0.25 --------m::==============:::::::::::J Miles 0.125 EXHIBIT 1