09-20-22 Minutes - DRC
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
DEVELOPMENT REVIEW
COMMITTEE REPORT
MINUTES OF THE DEVELOPMENT REVIEW COMMITTEE MEETING
SEPTEMBER 20, 2022
The Development Review Committee of the Town of Los Gatos conducted a Regular
Teleconference Meeting on September 20, 2022, at 10:00 a.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic and was conducted via Zoom. All committee members and staff participated from
remote locations and all voting was conducted via roll call vote. In accordance with Executive
Order N-29-20, the public could only view the meeting online and not in the Council
Chambers.
ROLL CALL
Present: Jennifer Armer, CDD Planning; Robert Gray, CDD Building; Corvell Sparks,
PPW Engineering; and Kenny Ip, SCCFD.
Absent: None.
Staff: Jocelyn Shoopman, CDD Planning; Savannah Van Akin, CDD Planning; Ryan Safty, CDD
Planning.
MEETING CALLED TO ORDER AT 10:00 AM
VERBAL COMMUNICATIONS
- None.
CONSENT ITEMS
1. Approval of Minutes – September 13, 2022
MOTION: Motion by Robert Gray to approve the consent calendar. Seconded by
Kenny Ip.
VOTE: Motion passed unanimously 4-0.
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PUBLIC HEARINGS
2. 16635 Marchmont Drive
Architecture and Site Application S-22-015
Requesting Approval for Demolition of an Existing Single-Family Residence and
Construction of a New Single-Family Residence on Property Zoned R-1:8. APN 532-09-
040.
PROPERTY OWNER: Raj and Jasneet Kullar
APPLICANT: Gary Kohlsaat
PROJECT PLANNER: Jocelyn Shoopman
Continued from September 13, 2022
The project planner presented the staff report.
Opened Public Comment.
Gary Kohlsaat, Applicant
Made changes to the left elevation drawings due to concerns by the neighbor.
The neighbor is satisfied with the results. Additionally, the changes improve the Junior
ADU. The kitchen now fits better into the side of the house.
Adrian Rodriguez, Neighbor
Does the water drain into his yard?
Gary Kohlsaat, Applicant
The civil engineer made the common practice of setting up a drywell. Water will
permeate into the ground. If it over saturates the drywell, it will bubble up and be
absorbed by their land before it passes on. There is a natural watercourse from
Marchmont to Topping to all the way down. They are not changing this natural flow
pattern. They are mitigating any additional water caused by any impervious coverage
that they are creating.
Closed Public Comment.
Committee members discussed the matter.
• The Public Works Department saw that there are two drain boxes located to the edge of
the site. They will look more in depth when the grading permit is submitted.
• Any additional runoff gets retained on the property and has ample time to soak in
onsite.
MOTION: Motion by Robert Gray to approve with required findings and
recommended conditions of approval. Seconded by Corvell Sparks.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
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3. 50 University Avenue, Suite 200
Conditional Use Permit Application U-22-008
Requesting Approval for a New Restaurant Use (Salt & Straw) on Property Zoned C-
2:LHP:PD. APN 529-02-044.
PROPERTY OWNER: SRI Old Town LLC/Street Retail Inc.
APPLICANT: Robert Aguirre
PROJECT PLANNER: Savannah Van Akin
The project planner presented the staff report.
Opened Public Comment.
Nathan Gaudreau, Resident
Nathan is a longtime resident who loves and appreciates small mom and pop
businesses. These businesses not only offer good products and service; they also create
relationships. It’s the relationships that create loyalty. During the pandemic many of
these businesses were lost. Nathan and a business partner underwent this same
planning process to open an ice cream shop at 5 North Santa Cruz Avenue called Petals
Creamery. They have created a store using high quality local products created from
scratch in the store. They wanted to retain the hometown feel. They are worried about
a big chain brand such as Salt and Straw moving in nearby. Although Salt and Straw
provides a good product, they seem more suited for larger venues like Valley Fair,
downtown Disney, etc., where a big brand matters versus personal relationships.
Robert Aguirre, Applicant
Robert represents the landlord, Federal Realty. The goal for Old Town is to
encourage a vibrant community. Salt & Straw Ice Cream’s mission is to engage with
their customers and create a community. It will be a great addition to Old Town and
help the area to thrive.
Moni Dosanjh, Applicant, RSI Group
Moni is the Salt and Straw development consultant. Though they are an up-and-
coming business, the concept was rooted in Portland Oregon and had humble
beginnings. The founders are still active and far from corporate. They are proud to be
great neighbors, uplifting local business owners and supporting the local community.
They partner with local bakeries and chocolatiers to promote these goods, contributing
to the small-town feel. They look forward to showing the Los Gatos Community what
kind of community partner and asset they can be.
Closed Public Comment.
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MOTION: Motion by Corvell Sparks to approve with required findings and
recommended conditions of approval. Seconded by Kenny Ip.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
4. 681 Blossom Hill Road, Suite 100
Conditional Use Permit Application U-22-010
Requesting Approval of a Modification to an Existing Conditional Use Permit for
Expanded Alcohol Service at an Existing Restaurant (Local Kitchens) on Property Zoned
CH:PD. APN 529-65-028.
PROPERTY OWNER: Linda Lester
APPLICANT: Nick Avedesian
PROJECT PLANNER: Ryan Safty
The project planner presented the staff report.
Opened Public Comment.
Tracy Chiao, Applicant
We apologize to the community for starting off on the wrong foot. We are a
small growing company that made mistakes and remained opened later than we were
supposed to. Based on comments from the neighbors there are a few issues. We are
asking to allow beer and wine sales like the previous business, Forenza. We are not
intending to become a full bar. We would like to have outdoor seating as a safe option
for guests during the pandemic, matching the hours of the neighbor at Super Duper
which closes at 8:30 or 9:30 p.m. We are asking for extended hours. There is a demand
from residents for quality late night food. It is expensive to operate in Los Gatos and the
extended hours would help. Some employees have had to leave due to the limited
operation hours. We reached out to some of the neighbors to discuss their concerns,
but we need to determine what is equitable and fair for everyone. There were noise
issues with Starbucks, Super Duper, trucks, cars, etc., which may have to do with faulty
windows and the associated lawsuit with the developer. We have other locations in
Palo Alto, Mountain View, Lafayette, Cupertino, and Campbell that peacefully operate
into the night. We have an affluent clientele and are not a fast-food joint.
Committee asked questions of the applicant.
• Is allowing outdoor dining to 9:00 p.m. okay?
Tracy: Yes.
• Is limiting alcohol service to 10:00 p.m. okay?
Tracy: Yes.
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David, neighbor
They are opposed to some of the modification requests. These are: operation to
midnight daily; extending beer and wine sales to midnight daily; and removal of the sale
of beer and wine with meals restriction. There are no other local kitchens that sell beer
and wine. The Town Noise Ordinance has a noise curfew from 10:00 p.m. to 8:00 a.m.
Local Kitchen is the only business in Lester Square that is open until 10:00 p.m. They
claim that there are no noise complaints at the other locations, but the other locations
are in strip malls or blocks away from homes. They should align with the 10:00 p.m.
closure to the noise curfew. They allow beer and wine with meals which aligns with
Super Duper Burgers.
Ken, Neighbor
There is late night noise past 10:00 p.m. We have a petition signed by 22 out of
25 homeowners against the modifications. The other locations of Local Kitchen are not
adjacent to homes. The neighbors are accustomed to the surrounding noise, but there
were loud customers in parking lot. The vendors have little control over these
customers. The neighbors were advised to get better sound proofed windows. These
businesses operating beyond 10:00 p.m. are in violation of the Town noise ordinance.
We ask the Town to reject the extension of operating hours beyond 10:00 p.m.
Erik Manuevo, Neighbor
Erik lives around the corner near a Jack in the Box Restaurant. Los Gatos
Boulevard is a big busy street with lots of traffic. The noise level is high but not
unexpected. They support the increase in diversity and options for food in Los Gatos.
His son has sports activities until 9:00 p.m. They look for restaurants after 9:00 p.m.
Local Kitchens offers healthy options.
Keisuke Saito, Neighbor
Starbucks was playing amplified music outside their store. After the complaint,
they eventually stopped. We are opposed to the CUP modifications. What they have is
adequate. They should have asked for those extended hours from the beginning. None
of the other businesses serve alcohol. If they don’t plan on serving alcohol, why do they
need to add it?
Andrew Munday, One of the Owners
We want to work with and be a part of the community. Limiting the hours is
tough on the staff. They were surprised by the high demand between 10 to midnight. It
is mainly deliveries with drivers quietly coming in to pick up orders. The alcohol option
is not necessary. They need to do the deliveries to stay in business. There is a big gap
between the business and homes. They hope to communicate and resolve the issues.
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Committee asked questions of the applicant and made a comment.
Staff: Are you willing to keep the original conditional use of beer and wine allowed with
purchase of a meal?
Andrew Munday, One of the Owners
Confirmed.
Staff: The Noise ordinance is still in effect. There are three conditions of approval: limit
outdoor dining to 9:00 p.m.; limit alcohol sales up to 10:00 p.m.; and revert to the
original condition: beer and wine allowed with purchase of a meal.
Closed Public Comment.
MOTION: Motion by Robert Gray to approve with required findings and
recommended conditions of approval. Seconded by Kenny Ip.
Additional Conditions:
• Limit outdoor dining to 9:00 p.m.
• Limit alcohol sales up to 10:00 p.m.
• Revert to the original condition: Beer and wine allowed with purchase
of a meal.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
OTHER BUSINESS
- None.
ADJOURNMENT
The meeting adjourned 11:00 a.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
September 20, 2022 meeting as approved by the
Development Review Committee.
Prepared by:
________________________________________
/s/Jennifer Armer, AICP, Planning Manager