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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. PAGE 2 OF 6 DEVELOPMENT REVIEW COMMITTEE MINUTES OF SEPTEMBER 20, 2022 N:\DEV\DRC\MINUTES\Min 2022\09-20-22 Minutes - DRC.docx 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. PAGE 3 OF 6 DEVELOPMENT REVIEW COMMITTEE MINUTES OF SEPTEMBER 20, 2022 N:\DEV\DRC\MINUTES\Min 2022\09-20-22 Minutes - DRC.docx 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. PAGE 4 OF 6 DEVELOPMENT REVIEW COMMITTEE MINUTES OF SEPTEMBER 20, 2022 N:\DEV\DRC\MINUTES\Min 2022\09-20-22 Minutes - DRC.docx 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. PAGE 5 OF 6 DEVELOPMENT REVIEW COMMITTEE MINUTES OF SEPTEMBER 20, 2022 N:\DEV\DRC\MINUTES\Min 2022\09-20-22 Minutes - DRC.docx 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. PAGE 6 OF 6 DEVELOPMENT REVIEW COMMITTEE MINUTES OF SEPTEMBER 20, 2022 N:\DEV\DRC\MINUTES\Min 2022\09-20-22 Minutes - DRC.docx 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