2004-046- Granting Appeal Of A Planning Commission Decision Denying An Application To Convert A Portion Of A Former Restaurant (Swensen's) To Another Restaurant Use (Cold Stone Creamery) On Property Zoned C-2RESOLUTION 2004 - 46
RESOLUTION GRANTING APPEAL OF A PLANNING COMMISSION .DECISION
DENYING AN APPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT
(SWENSEN'S) TO ANOTHER RESTAURANT USE (COLD :STONE CREAMERY) ON
PROPERTY ZONED C-2.
APN: 510-45-075.
CONDITIONAL USE PERMIT: U-04-8.
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE.
PROPERTY OWNER: PARK ROW EAST APARTMENTS, LTD.
APPLICANT/APPELLANT.: CATHERINE G. ASBUN.
WHEREAS:
A. This matter came before Council for ,public hearing on Apri15, 2004, on an appeal
by Catherine G. Asbun (applicant/appellant) from a decision of the Planning Commissonand was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the .appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted,. including the record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated Marcy 25, .2004, Addenda dated April 1,
2004 and April 2, 2004, along with subsequent reports ..and materials prepared concerning this
application.
C. The applicant/appellant seeks approval to operate a Cold Stone Creamery store in a
portion of the tenant space previously occupied by Swensen's Ice Cream. The proposed location at
Lyndon Plaza would be owned and operated by the applicant/appellant under a franchise agreement.
Intended hours of operation are 11.:00 a.m. to 11:00 p.m. daily. The Planning Commission heard the
matter on February 11, 2004 and denied the :application for a Conditional Use Permit.
D. 'The applicant/appellant believes that the Commission acted in the absence of a
specific regulation on formula restaurants.
E. Town Council finds as follows:
Pursuant to Town Code section 29.20.190, the proposed use of the property
is desirable to the public convenience; will not impair the integrity and character of the zone; would
not be detrimental to public health, safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code. Evidence in the
record demonstrates that the proposed ice cream restaurant will employ residents of the Town of Los
Gatos, will maintain the economic vitality and mix of pedestrian oriented businesses in the Central
Business District, and will occupy a currently vacant space and upgrade and existing building.
2. Pursuant to Town Code section 29:20.300, the application presented an issue
or-policy over which the Commission did not have discretion to modify or address, but which is
vested in the Council for modification or decision; to wit, whether formula restaurants should be
subject to additional regulation in light of the introduction of rules regulating formula retail business
and personal service businesses in the Downtown area. Council finds that restaurants, which are
aheady required to obtain use permits, are sufficiently regulated.
3. The project is categorically exempt from.environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
4. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B).
RESOLVED:
The appeal of the decision of the Planning Commission on Conditional Use Permit
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U-04-8 is :granted.
2. The revised Conditions of Approval attached hereto as Exhibit Aare hereby adopted
as the Conditions of Approval of this permit.
3. The decision .constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as .adopted by Section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure Section 1094.6, or such
shorter time as required by state or federal law..
PASSED AND ADOPTED at a regular meeting of the Town Council of the'Town of Los
Gatos, California held on the 19`"' day of April,. 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT.: None
ABSTAIN: None
a
SIGNED: ~~"'°~°--
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CAL11iORNIA
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TOWN COUNCIL - Apri15, 2004
CONDITIONS OF APPROVAI.
20 S. Santa Cruz .Ave
Conditional Use Permit U-04-8
Requesting approval to convert a portion of an existing restaurant (Swensen's) to another
restaurant use (Cold Stone Creamery) on property .zoned C-2. APN 510-45-075
PROPERTY OWNER: Park Row East Apartments, Ltd
APPLICANT; Catherine'G. Asbun
TO THE SATISFACTION OF THE DIRECTOR OF COMMJNITY 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. by the Town on February 2, 2004. Any changes or modifications to the approved plans
and/or business operation shall be .approved by the Community Development Director or the
Planning Commission, depending on the scope of the changes.
2. EXPIRATION OF APPROVAL: The Conditional Use Permit 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. HOURS OF OPERATION. Hours of .operation are limited to 11:00 am to 11:00 pm
daily.
4. 'BUSINESS OPERATION. This approval is for a specialty retail/restaurant use that
sells dessert products. Any change in the type of business requires modification of the Conditional
Use Permit.
5. SEATING. A maximum of eight (8) indoor seats are allowed.
6. TAKE OUT. Take out food shall be served in recycled material containers..
7. UTENSILS. All beverages and food served on site shall be served on reusable
materials.
8. LIVE ENTERTAINMENT. No live entertainment is allowed. This condition does
not restrict Cold :Stone employees from singing.
9. LAPSE FOR DISCONTINUANCB. If the ,activity for which the Conditional Use
Permit has been granted is discontinued for a period of one (1) year, the .approval
lapses pursuant to Section 29.20.340 of the Zoning Ordinance..
10. ROOFTOP EQUIPMENT. Any new roof mounted equipment shall be fully screened
prior to issuance of an occupancy permit.
11. .SIGNS. The exterior business sign(s) shall comply with the Lyndon Plaza Sign
Program and shall be compatible with the historic and .aesthetic context of the area.
Ni\SHAR&\Adopted Reso-Ords\ColdStone.RES.wpd
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