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
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SUBJECT: 25 E. MAIN STREET/S-17-022
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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
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SUBJECT: 25 E. MAIN STREET/S-17-022
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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.
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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.
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SUBJECT: 25 E. MAIN STREET/S-17-022
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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
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EXHIBIT 1