Item 2 - Staff Report with Exhibits - 681 Blossom Hill Rd - Missing Exhibit 4-6TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: June 26, 2013
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
Erin M. Walters, Associate Planner
ewaltersna losgatosca.gov
Conditional Use Permit Application U-13-008
ITEM NO: 2
681 Blossom Hill Road, Suite #102 (at the northwest corner of
Blossom Hill Road and Los Gatos Boulevard)
Tom Consunji/CHL Ventures LP
D.R. Horton Bay, Inc.
APPLICATION SUMMARY: Requesting approval of a Conditional Use Permit for a restaurant
Philz Coffee) with outdoor seating on property zoned CH:PD.
APN 529-16-053.
RECOMMENDATION:
PROJECT DATA:
CEQA:
DEEMED COMPLETE: June 3, 2013
FINAL DATE TO TAKE ACTION: December 3, 2013
Approval, subject to the recommended conditions.
General Plan Designation: Mixed Use Commercial
Zoning Designation: Commercial Highway/Planned
Development, CH:PD
Applicable Plans & Standards: General Plan
Parcel Size: 2.04 acres
Surrounding Area:
Existing Land Use
North Office
East Commercial
South Commercial
West Residential
General Plan
Mixed Use Commercial
Mixed Use Commercial
Mixed Use Commercial
Medium Density
Residential
Zoning
0
C-1
CH
RM 5-12
A Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program were adopted by the Town Council on June 6, 2011
for a mixed use development. No further environmental analysis is
required for this application.
Planning Commission Staff Report - Page 2
681 Blossom Hill Road, Suite #102 \U-13-008
June 26, 2013
FINDINGS:
ACTION:
EXHIBITS:
BACKGROUND:
As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
The decision of the Planning Commission is final unless appealed
within ten days.
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Letter of Justification (one pages), received May 2, 2013
5. Site Plan (one page), received June 3, 2013
6. Floor Plan (one page), received May 17, 2013
On June 6, 2011, the Town Council considered a Planned Development (PD) application for a
mixed use project including 30,700 square feet of commercial space and 25 residential units.
The Council approved the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, and introduced the PD Ordinance. The PD Ordinance was adopted by
Council on June 20, 2011.
The subject commercial space will be located within the commercial shopping center (the former
Swanson Ford site) on the northwest corner of Los Gatos Boulevard and Blossom Hill Road. The
commercial center is made up of two independent two story buildings which are in the early
stages of construction.
Staff has received Conditional Use Permit (CUP) applications for five different tenant spaces in
the commercial complex. Three CUP applications will be reviewed at this meeting- a
veterinarian hospital, a bank (Chase) and the subject application for a restaurant (Philz Coffee).
Two additional CUP applications for restaurants (Veggie Grill and La Boulange) with alcohol
sales and outdoor dining are incomplete at this time. All uses for this site have been evaluated
with consideration of use compatibly, shared parking, traffic and accessibility. Office, non -
formula retail and personal service are all allowed by right at this site. Formula retail of 6,000
square feet or greater would require a CUP.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval of a (CUP) to operate a restaurant (Philz Coffee) with
outdoor seating, on the first floor of the building near the corner of Los Gatos Boulevard
and Blossom Hill Road. The restaurant proposes to occupy a 1,611 square foot tenant space
Planning Commission Staff Report - Page 4
681 Blossom Hill Road, Suite #102 \U-13-008
June 26, 2013
Los Gatos Boulevard/Blossom Hill Road
Commercial Center
Parking Analysis
Reetuired Parking Spaces
Retail .Office —Bank Med
ToSIN
NNNN,NN
15965 Los Gatos Boulevard
Suite
100,
Floor
Adobe
Animal
Hospital
pending
CUP)
medical
office
6,073 4 24.3 24.3
Suite
102,
1st Floor
Suite
200,
rd Floor
Adobe
Animal
Marketplace
vacant
retail
office
3,057
5,652
13
24
13
24
15991 Los Gatos Boulevard
Suite
11100
vacant retail 4,334 18.4 18.4
681 Blossom Hill Road
Suite
102
Suite
100
Philz Coffee
pending
CUP)
vacant
restaurant
with outdoor
dining area
retail
1,611
2,109
12
max
9
4
9
663 Blossom Hill Road
Suite Chase bank with 3,366
100, (pending outdoor
1m Floor CUP) ATM
Suite
200,
2"d Floor
vacant office 3,373 14.35
14.32 14.32
14.35
Total 122
9Requiredr:
Provided;
Parking
C. Traffic
The proposed use has the same traffic counts as the approved commercial uses that were
approved in the Planned Development. Therefore, no further traffic analysis is required. In
the future if the applicant modifies the mix of uses further traffic analysis may be required.
Planning Commission Staff Report - Page 3
681 Blossom Hill Road, Suite #102 \U-13-008
June 26, 2013
and the adjacent outdoor patio (Exhibit 5). The restaurant use will serve coffee, tea,
pastries, cold beverages, and sell associated coffee house merchandise. The applicant has
proposes a maximum of 12 seats for the use. The applicant provided a description of the
business, justification for approval, and plans in their letter of justification (Exhibit 4).
When reviewing a CUP, the deciding body 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 body should review applications based on the
explicit use as opposed to the applicant or the applicant's business plan.
B. Location and Surrounding Neighborhood
The project site is located at 681 Blossom Hill Road, on the northwest corner of Los Gatos
Boulevard and Blossom Hill Road. The property is adjacent to a two story office building
to the north. Commercial shopping centers are located to the east and south. Residential
homes are located to the west of the proposed restaurant.
C. Zoning Compliance
Restaurant uses with outdoor dining are allowed in the CH zone with a CUP.
ANALYSIS:
A. Hours of Operation
The applicant is proposing to operate a restaurant (Philz Coffee) with outdoor seating with
the following hours, 6:00 a.m. to 9:00 p.m. seven days a week, as noted in the letter of
justification (Exhibit 4).
B. Parking and Number of Seats
The subject site has 121 onsite parking spaces and 7 shared parking spaces on the adjacent
residential property per the PD Ordinance adopted by Council on June 20, 2011. Section
29.10.150 (c)(15) of the Town Code requires restaurants to provide one parking space for
every three (3) seats provided. The applicant has proposed 12 on -site seats (combined
indoor and outdoor seating). These limitations are included as conditions of approval
Condition 5, Exhibit 3). The proposed use would require a total of 4 parking spaces. The
site currently provides more than the required number of parking spaces for the proposed
uses (128; see parking table below).
Planning Commission Staff Report - Page 5
681 Blossom Hill Road Suite #102 \U-13-008
June 26, 2013
D. Conditional Use Permit
In order to grant approval of a CUP, deciding body must make the following findings for
the use:
1) The proposed use of the property are essential or desirable to the public convenience
or welfare; and
2) The proposed use will not impair the integrity and character of the zone; and
3) The proposed use would not be detrimental to public health, safety or general welfare;
and
4) The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
In regards to the first finding, the proposed use is desirable to public convenience in that it
provides a coffee shop service to Los Gatos residents. As required by finding two, the
proposed use would not impair the integrity of the zone, in that the proposed use is a
commercial service use and would be located in a commercial zone. In regards to the third
finding, the use would not be detrimental to public health, safety or general welfare, and
the conditions regarding number of seats, operating hours, and delivery times placed on the
permit will mitigate potential impacts. In regards to the final finding, the proposed use is in
harmony with the General Plan and Town Code.
E. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are
not limited to:
Policy LU-9.6 — Encourage development that maintains and expands resident -oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town.
Policy LU-12.2 — Encourage a mix of uses along Los Gatos Boulevard, including,
where appropriate, mixed -use parcels that are compatible with surrounding uses.
Policy LU-13.2 — Commercial activity along Los Gatos Boulevard shall complement
the whole Town and shall provide a dependable source of income, employment
opportunities, goods and services.
Policy LU-13.4 — New development along Los Gatos Boulevard shall be designed to
minimize adverse impacts on adjacent residential areas.
Policy TRA-13.3 — Require adequate parking in commercial areas so as not to impact
or affect adjacent residential properties.
Planning Commission Staff Report - Page 6
681 Blossom Hill Road, Suite #102 \U-13-008
June 26, 2013
F. Environmental Review
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were
adopted by the Town Council on June 6, 2011, for a mixed use development. No further
environmental analysis is required for this application.
PUBLIC COMMENTS:
Written notice was provided to residents and property owners within 300 feet of the project site.
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
Staff has recommended conditions of approval regarding the number of maximum seats,
delivery and operating hours. There would be no traffic or parking impacts as a result of
this project. The proposed use will provide a coffee house experience for the residents of
Los Gatos. The proposed use is in conformance with Town Code and is consistent with the
General Plan.
B. Recommendation
The Planning Commission should take the following actions to approve the Conditional
Use Permit application:
1. No further environmental analysis is required for this application because a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program were adopted
by the Town Council on June 6, 2011 for a mixed use development. (Exhibit 2)
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Approve Conditional Use Permit application U-13-008 with the conditions contained
in Exhibit 3.
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.
Planning Commission Staff Report - Page 7
681 Blossom Hill Road, Suite #102 \U-13-008
June 26, 2013
Prepared by:
Erin M. Walters
Associate Planner
TC:EW:ct
Approved
Sandy L. , AICP
Director of Community Development
cc: CHL Ventures LP c/o Tom Consunji, 203 Redwood Shores Parkway, Suite 200, Redwood
City CA 94065
D.R. Horton Bay, Inc., 6630 Owens Drive, Plesanton CA 94588-3334
N:\DEV\PC REPORTS \2013\BHR681-PhiIzCUP.docx
681 Blossom Hill Road
Suite 102
EXHIBIT 1
REQUIRED FINDINGS FOR:
681 Blossom Hill Road, Suite #102
Conditional Use Permit Application U-13-008
Requesting approval of a Conditional Use Permit for a restaurant (Philz Coffee) with
outdoor seating on property zoned CH:PD. APN: 529-16-053
PROPERTY OWNER: D.R. Horton Bay, Inc.
APPLICANT: Tom Consunji/CHL Ventures LP
FINDINGS
Required finding for CEQA:
No further environmental analysis is required for this application because a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program were adopted by the
Town Council on June 6, 2011, for a mixed use development.
Required findings for a Conditional Use Permit:
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code
if it finds that:
1) The proposed use of the property are essential or desirable to the public convenience
or welfare in that the use provides a coffee house service to the Los Gatos residents;
and
2) The proposed use will not impair the integrity and character of the zone in that the use
will be in a commercial zone; and
3) The proposed use would not be detrimental to public health, safety or general welfare
in that conditions placed on the permit will mitigate potential impacts; and
4) The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as discussed within
the staff report.
N:\DEV\FINDINGS\2013\BHR681-CUP.doc
EXHIBIT 2
CONDITIONS OF APPROVAL — June 26, 2013
681 Blossom Hil Road, Suite #102
Conditional Use Permit U-13-008
Requesting approval of a Conditional Use Permit for a restaurant (Philz Coffee) with
outdoor stating on property zoned CH:PD. APN 529-16-053
PROPERTY OWNER: D.R. Horton Bay, Inc.
APPLICANT: Tom Consunji/CHL Ventures, LP
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as received on June 3, 2013. Any changes or modifications made to the approved plans
shall be approved by the Director of Community Development, the Development Review
Committee, the Planning Commission, or the Town Council depending on the scope of the
changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two
years from the date of approval unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit
has been granted is discontinued for a period of one (1) year the approval lapses.
4. USE: The approved use is a coffee shop with outdoor seating.
5. MAXIMUM NUMBER OF SEATS: The maximum number of outdoor and indoor seats
combined at one time shall not exceed twelve (12).
6. HOURS OF OPERATION: Maximum hours of operation are 6:00 a.m. to 9:00 p.m., seven
days a week.
7. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not
be made from Blossom Hill Road or Los Gatos Boulevard.
8. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business
shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts.
9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
10. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department must be obtained prior to
commencement of use.
11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
12. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attomey.
EXHIBIT 3
Building Division
13. PERMITS REQUIRED: A Building Permit shall be required for the alterations to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
14. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
15. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36".
16. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. The building shall be upgraded to comply
the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design Architect and then confirmed by Town staff.
17. TITLE 24 — RESTAURANT USE: Proper size grease trap may be required for any
restaurant use. The following agencies will review the grease trap requirements as well as
other food service requirements and approvals before issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378-2407
b. San Jose/Santa Clara Environmental Services Department: (408) 945-5300
c. Santa Clara County Environmental Health Department: (408) 918-3400
d. Town Public Works Department: (408) 399-7570
18. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Erin Walters (408) 354-6867
b. Santa Clara County Fire Department: (408) 378-4010
c. County Environmental Health Department: (408) 918-3400
N:\DE V\CONDITNS\20 I3\BHR681.docx
RECEIVED
u-i3-- cog,
KM( 0.2 2013
TOWN OF LOS GATOS
PLANNING DIVISION
March 21st, 2013
aorazs
Description of Business
Philz Coffee is a family run business started by Phil in 2003 in the San Francisco Bay Area. Phil started
Philz because of a strong passion for coffee, people and community. Phil used to sell coffee beans
door to door when he was in his early teens and has cultivated his passion of coffee over a 25+year
period resulting in the creation of some of the best tasting coffee blends that are very unique and
available nowhere else in the world. Philz has 13 successful locations with a very loyal following.
Philz was voted one of the best coffee shops in the U.S. and is a perennial winner of local best coffee
in just about every community it serves. Philz views it stores as community hubs where locals meet,
greet and caffeinate. Operationally, Philz is similar in nature to your typical Starbucks but very
different conceptually. All coffee at Philz is handcrafted one cup at a time made individually by your
personal barista and customized to your liking. Philz Coffee store operations are split into "Back
House" operations and "Front House" operations. Back House operations is where employees work
and includes coffee equipment, office and cash registers. Font House is the customer ordering,
paying and seating area and may also include any outdoor seating.
Number of max employees at one time
2-4
Proposed hours of operations
6am-9pm
When and where will deliveries occur
Either the entrance of the store or the back (depending final buildout of the development).
Deliveries usually arrive in the early afternoon between 2pm-5pm.
Number of indoor/outdoor seats
8 indoor seats and 4 outdoor seats
Will alcohol be sold on site
No. Only coffee, tea, pastries, merchandise and cold beverages (i.e. bottled water).
Thank you
Jacob Jaber, CEO
jacobjaber@philzcoffee.com
EXHIBIT 4