2011060608 - 20 S. Santa Cruz Avenue - Main Street Burger Request ofr ExpansionMEETING DATE: 06/06/2011
ITEM NO:
COUNCIL AGENDA REPORT
DATE: MAY 24, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT U-11-001. PROJECT LOCATION: 20 S.
SANTA CRUZ AVENUE, SUITES #200 & 201. PROPERTY OWNER:
PORTFOLIO MANAGEMENT CO. APPLICANT: ED RATHMANN.
CONSIDER A REQUEST TO EXPAND AN EXISTING RESTAURANT
(MAIN STREET BURGERS) INTO A SPACE CURRENTLY OCCUPIED BY
A SEPARATE RESTAURANT (COLD STONE CREAMERY) ON PROPERTY
ZONED C-2. APN 510-45-075.
PLANNING COMMISSION RECOMMENDATION:
After opening and closing the public hearing, it is recommended the Town Council:
1. Approve Conditional Use Peliuit U-11-001 (motion required); and
2. Adopt resolution approving a request to expand an existing restaurant (Main Street Burgers)
into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property
zoned C-2. (Attachment 2) (motion required).
ALTERNATIVES:
Instead of the aforementioned actions, the Council may:
• Approve the application subject to the recommended, modified, or additional
conditions of approval (motion required); or
• Continue the project to a date certain with specific direction (motion required); or
• Remand the project to the Planning Commission with specific direction (Attachment
3) (motion required); or
• Deny the application (Attachment 4) (motion required).
PREPARED BY: �' Wendie R. Rooney, Director of Community Development
Reviewed by: Pc) Assistant Town Manager Town Attorney
Clerk Administrator Finance mmunity Development
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 20 S. Santa Cruz Avenue/U-11-001
May 24, 2011
BACKGROUND:
In 2004, Conditional Use Permits (CUPs) were granted to operate a high -turnover sit-down
restaurant (Main Street Burgers) in suite #200, a specialty retail/restaurant use (Cold Stone
Creamery) in suite #201, and an outdoor dining area for both uses. It should be noted that the
types of restaurants listed are for determining traffic impacts. Town Code classifies both uses as
restaurant. Prior to these uses, both spaces were occupied by a high -turnover, sit-down
restaurant (Swenson's). In 2007, Town Council granted a CUP modification to allow the service
of beer and wine at Main Street Burgers. The applicant notes that Cold Stone will vacate Suite
#201 soon (Exhibit 6).
Staff analyzed the project against the Town's Alcoholic Beverage Policy (ABP) and the Town's
standards for outdoor seating.
DISCUSSION:
A. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow an existing
restaurant, Main Street Burgers, to expand into an adjacent restaurant space. The following
table compares the existing allowable and proposed operations:
t .
xis_ lilt i t eel 4
r -ins ing;Coic oiie
;--;-7- --
Alcohol
Service
Beer and wine with meal
service only
Not allowed
,Proposed
Beer and wine with meal
service only
Number of
Seats
26 — indoor
18 — outdoor*
8 — indoor
18 — outdoor*
50 = indoor
20 — outdoor
Hours of
Operation
Seven days a week
7:00 a.m. to 11:00 p.m.
Seven days a week
11:00 a.m. to 11:00 p.m.
Seven days a week
10:00 a.m. to 11:00 p.m.
*Total of 36 seats currently allowed.
Please see Attachment 7 for additional information regarding the project.
B. Planning Commission
On May 11, 2011, the Planning Commission considered the subject application (see
Attachment 7), The Commission discussed the request and the standards for outdoor seating.
See Attachment 6 for the Commission's full discussion.
The Planning Commission recommended approval of the CUP with a modified condition to
limit the outdoor seating area to a maximum occupancy of 20. The modified condition is
included with Attachments 2 and 5.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 20 S. Santa Cruz Avenue/U-11-001
May 24, 2011
PUBLIC COMMENTS:
The Town received one public comment (Attachment 8).
CONCLUSION:
The project would allow an existing restaurant to expand into another existing restaurant space
and meets the provisions of the Alcoholic Beverage Policy (ABP). The Planning Commission
recommended approval of the application subject to the modified condition as discussed above.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt according to Section 15061 of the State Environmental
Guidelines as adopted by the Town because the project consists of permitting an activity where it
can be seen with certainty that there is no possibility that the activity may have a significant
effect on the environment.
FISCAL IMPACT:
None.
Attachments:
1. Required Findings
2. Resolution approving the Conditional Use Permit modification (with Exhibit A)
3. Resolution remanding the Conditional Use Permit modification to the Planning Commission
4. Resolution denying the Conditional Use Permit modification
5. Recommended Conditions of Approval
6. Excerpt of the Planning Commission verbatim meeting minutes of May 11, 2011
7. Report to the Planning Commission for the meeting of May 11, 2011
8. Public Comment
Distribution:
cc: Ed Rathmann, 17695 Blanchard Drive, Monte Sereno, CA 95030
Portfolio Management Co., 4010 Moorpark #111, San Jose, CA 95117
WRR:JLS:cgt
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REQUIRED FINDINGS FOR:
20 S. Santa Cruz Avenue
Conditional Use Permit U-11-001
Requesting approval to expand an existing restaurant (Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510-45-075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
FINDINGS
Required finding for CEQA:
s The project is Categorically Exempt pursuant to Section 15061 of the State Environmental
Guidelines as adopted by the Town.
Required findings for a Conditional Use Permit:
n As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
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 proposeduses of the property are essential or desirable to the public convenience or
welfare in that it would allow an existing restaurant to expand; and
(2) The proposed uses will not impair the integrity and character of the zone in that the
commercial use will be in a commercial zone; and
(3) The proposed uses would not be detrimental to public health, safety or general welfare in
that the conditions of approval will mitigate potential impacts; and
(4) The proposed uses of the property are in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code as discussed within staff report
for the May 11, 2011, Planning Commission meeting.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
s That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
Attachment 1
Page 2 of 2
20 S. Santa Cruz Avenue/U-11-001
June 6, 2011
Required findings for the Town's Alcoholic Beverage Policy:
■ As required by Chapter II, Section 6, of the Town's Alcohol Beverage Policy for granting
alcohol service beyond the hours of 10 p.m.
The deciding body shall make the following findings prior to approving an application for a
Conditional Use Permit to serve alcoholic beverages past 10 p.m.:
A. Late night service will not adversely impact adjacent residential neighborhoods in that the
restaurant is in good standing and does not have a history of residential disturbance.
B. The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy based on police records.
C. The applicant has demonstrated a clear benefit to the community in that the project
continues to provide the community with an established, successful restaurant.
N:\DEV\FINDINGS\2011\SSC20.docx
RESOLUTION 2011-
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO
EXPAND AN EXISTING RESTAURANT (MAIN STREET BURGERS) INTO A SPACE
CURRENTLY OCCUPIED BY A SEPARATE RESTAURANT (COLD STONE
CREAMERY) ON PROPERTY ZONED C-2.
APN: 510-45-075
CONDITIONAL USE PERMIT APPLICATION: U-11-001
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE SUITES #200 & 201
PROPERTY OWNER: PORTFOLIO MANAGEMENT CO.
APPLICANT: ED RATHMANN
WHEREAS:
A. This matter came before the Town Council for public hearing on May 11, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) to expand an existing
restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone
Creamery) on property zoned C-2. The applicant is requesting 70 seats (50 indoor and 20 outdoor)
and hours of operation of 10:00 a.m. to 11:00 p.m. seven days a week.
C. On May 11, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to expand an existing restaurant (Main Street Burgers) into a space
currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2. The
Commission recommended approval of the request. —
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a
new application for alcohol service on a case -by -case basis to ensure that the request is appropriate
for the specific use and its location.
Attachment 2
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. Town Council received testhnony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Town 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 May 24, 2011, along with any and
all subsequent reports and materials prepared concerning this application.
G. Council finds as follows:
1. Pursuant to Town Code section 29.20.190, the request for a CUP 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. This finding is
based on the evidence presented in the Council Agenda Report dated May 24, 2011, and
incorporates the findings made by the Planning Commission on May 11, 2011, regarding this
application.
2. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
3. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the
Planning Commission on May 11, 2011.
RESOLVED:
1. The CUP application U-11-001 to expand an existing restaurant (Main Street
Burgers) into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property
zoned C-2 is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 6th day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL — June 6, 2011
20 S. Santa Cruz Avenue
Conditional Use Permit U-11-001
Requesting approval to expand an existing restaurant (Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510-45-075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
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 development
plans noted as received by the Town on April 11, 2011. Any changes or modifications to
the approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or 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. BUSINESS OPERATION. This approval is for a high -turnover, sit-down restaurant, and
is restricted to the areas shown on the approved plans. Any change in the type of
business requires modification of the Conditional Use Permit.
4. HOURS OF OPERATION. Hours of operation are limited to 10:00 a.m. to 11:00 p.m.,
daily.
5. SEATS. The maximum number of seats is 70 (50 indoors and 20 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine is permitted only with meals. A
meal is defined as a combination of food items selected from a menu (breakfast, brunch,
lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals. There shall be no separate bar for the restaurant.
7. ALCOHOL LICENSE. The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT. No live entertainment is allowed.
9. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if full. A trash receptacle shall be
located on the outdoor patio and maintained by restaurant staff.
11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development.
13. OUTDOOR SEATING OCCUPANCY: The application shall post a sign that states the
maximum occupancy in the outside patio shall not exceed 20, prior to issuance of final
occupancy. This maximum occupancy does not include restaurant personnel.
Exhibit A
of Attachment 2
14. PORTER. A porter shall be available at all times to maintain the patio area,
15. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
16. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
17. 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 pursuant
to Section 29.20.340 of the Zoning Ordinance.
18. DELIVERIES. Deliveries shall be limited to the hours of 9:00 a.m, to 7:00 p.m.
19. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant .shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencing
business or prior to issuance of building permits.
20. HOLD HARMLESS AGREEMENT. Prior to commencing the use of outdoor seating or
the issuance of building permits, the applicant shall record a hold harmless agreement, to
be reviewed and approved by the Town, releasing the Town from any liability related to
the outdoor seating.
21. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.11.5 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 peitnit 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 Attorney.
Building Division
22. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
23. 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.
24. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36".
25. TITLE 24 ENERGY COMPLIANCE: All required California. Title 24 Energy
Compliance forms must be blue -lined on the plans including lighting compliance and
mandatory measures.
26. 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.
27. TITLE 24 COMMERICAL: For any proposed tenant improvements, 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.
28. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378-2408
b. Environmental Health Department: (408) 885-4200
c. Town Public Works Department: (408) 399-7530
29. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
30. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development —Planning Division: Jennifer Savage (408) 399-5702
b. Santa Clara County Fire Department: (408) 378-4010
c. West Valley Sanitation District: (408) 378-2407
d. County Environmental Health Department: (408) 885-4200
e. Environmental Services Department of the San Jose/Santa Clara Water Pollution
Control Plant for Pretreatment Notice/Certification. You can contact this agency
directly at (408) 945-3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
32. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
33. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
34. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe mariner may be
required.
35. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as -built" drawings.
36. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
37. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
38. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
39. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 min) above the elevation of the
next upstream manhole and/orflushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction: Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless `a special permit is issued by the Engineering '1`The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
42. INTERIOR SPACE MODIFICATIONS: Any modification to the existing interior space
may require modification to the existing fire sprinkler system. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to the Fire Department for review and approval
prior to beginning their work.
43. OCCUPANCY RECLASSIFICATION: The ` proposed expansion appears to require
occupancy reclassification from a IT to an `A-3.'
TO THE SATISFACTION OF THE CHIEF OF POLICE:
44. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
45. UNIFORMED SECURITY: Uniformed privately provided security guards may be
required in or around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
46. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on -going
employee training on alcoholic beverage service to the general public.
47. TRAINING MANUAL: The restaurant operator shall use an employee training manual
that addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
48. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
49. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
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RESOLUTION 2011-
RESOLUTION REMANDING TO PLANNING COMMISSION A CONDITIONAL USE
PERMIT TO EXPAND AN EXISTING RESTAURANT (MAIN STREET BURGERS)
INTO A SPACE CURRENTLY OCCUPIED BY A SEPARATE RESTAURANT (COLD
STONE CREAMERY) ON PROPERTY ZONED C-2 BACK TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION.
APN: 510-45-075
CONDITIONAL USE PERMIT APPLICATION: U-11-001
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE SUITES #200 & 201
PROPERTY OWNER: PORTFOLIO MANAGEMENT CO.
APPLICANT: ED RATHMANN.
WHEREAS:
A. This matter came before the Town Council for public hearing on May 11, 2011, and was
regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) to expand an existing
restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone
Creamery) on property zoned C-2. The applicant is requesting 70 seats (50 indoor and 20 outdoor) and
hours of operation of 10:00 a.m. to 11:00 p.m. seven days a week.
C. On May 11, 2011, the Planning Commission considered the request for a Conditional
Use Permit (CUP) to expand an existing restaurant (Main Street Burgers) into a space currently
occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2. The Commission
recommended approval of the request.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a new
application for alcohol service on a case -by -case basis to ensure that the request is appropriate for
the specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
Attachmeut 3
impact residential neighbors, alcohol related incidents will not occur, and when the application will
provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Town Council considered all testimony
and materials submitted, including the record of the Planning Coinrnission proceedings and the packet
of material contained in the Council Agenda Report dated May 24, 2011, along with any and all
subsequent reports and materials prepared concerning, this application.
RESOLVED:
1. The CUP application U-11-001 to expand an existing restaurant (Main Street Burgers)
into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2
is remanded to Planning Commission for further consideration.
2. The decision does not constitute a final administrative decision and the applications
will be returned to Planning Commission for further recommendation. The applications will then
be sent back to Council for a final decision.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 6th day. of June 2011, by the following.. vote.._ ._
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
AB STAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\Remand 20SSC.docx
RESOLUTION 2011-
RESOLUTION DENYING A CONDITIONAL USE PERMIT TO EXPAND AN
EXISTING RESTAURANT (MAIN STREET BURGERS) INTO A SPACE CURRENTLY
OCCUPIED BY A SEPARATE RESTAURANT (COLD STONE CREAMERY) ON
PROPERTY ZONED C-2.
APN: 510-45-075
CONDITIONAL USE PERMIT APPLICATION: U-11-001
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE SUITES #200 & 201
PROPERTY OWNER: PORTFOLIO MANAGEMENT CO.
APPLICANT: ED RATHMANN
WHEREAS:
A. This matter came before the Town Council for public hearing on May 11, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) to expand an existing
restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone
Creamery) on property zoned C-2. The applicant is requesting 70 seats (50 indoor and 20 outdoor)
and hours of operation of 10:00 a.m. to 11:00 p.m., seven days a week.
C. On May 11, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to expand an existing restaurant (Main Street Burgers) into a space
currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-2. The
Commission recommended approval of the request.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a
new application for alcohol service on a case-by-case.basis to ensure that the request is appropriate
for the specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
Attachment 4
F. Town Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents, Town 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 May 24, 2011, along with any and
all subsequent reports and materials prepared concerning this application.
RESOLVED:
1. The CUP application U-11-001 to expand an existing restaurant (Main Street
Burgers) into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property
zoned C-2 is denied.
2. 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 6th day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RES O S\Deny_ 20 S SC. docx
CONDITIONS OF APPROVAL — June 6, 2011
20 S. Santa Cruz Avenue
Conditional Use Permit U-11-001
Requesting approval to expand an• existing restaurant (Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510-45-075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
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 development
plans noted as received by the Town on April 11, 2011. Any changes or modifications to
the approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or 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. BUSINESS OPERATION. This approval is for a high -turnover, sit-down restaurant, and
is restricted to the areas shown on the approved plans. Any change in the type of
business requires modification of the Conditional Use Permit.
4. HOURS OF OPERATION. Hours of operation are limited to 10:00 a.m. to 11:00 p.m.,
daily.
5. SEATS. The maximum number of seats is 70 (50 indoors and 20 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine is permitted only with meals. A
meal is defined as a combination of food items selected from a menu (breakfast, brunch,
lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals. There shall be no separate bar for the restaurant.
7. ALCOHOL LICENSE. The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT. No live entertainment is allowed.
9. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if full. A trash receptacle shall be
located on the outdoor patio and maintained by restaurant staff.
11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development.
13. OUTDOOR SEATING OCCUPANCY: The application shall post a sign that states the
maximum occupancy in the outside patio shall not exceed 20, prior to issuance of final
occupancy. This maximum occupancy does not include restaurant personnel.
Attachment 5
14. PORTER. A porter shall be available at all times to maintain the patio area.
15. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
16. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
17. 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 pursuant
to Section 29.20.340 of the Zoning Ordinance.
18. DELIVERIES. Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
19.. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencing
business or prior to issuance of building permits.
20. HOLD HARMLESS AGREEMENT. Prior to commencing the use of outdoor seating or
the issuance of building permits, the applicant shall record a hold harmless agreement, to
be reviewed and approved by the Town, releasing the Town from any liability related to
the outdoor seating.
21. 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 penults and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Building Division
22. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
23. 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 pennit application, detailing how the Conditions
of Approval will be addressed.
24. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36".
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance forms must be blue -lined on the plans including lighting compliance and
mandatory measures.
26. 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.
27. TITLE 24 — COMMERICAL: For any proposed tenant improvements, 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.
28. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378-2408
b. Environmental Health Department: (408) 885-4200
c. Town Public Works Department: (408) 399-7530
29. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
30. APPROVALS,REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development - Planning Division: Jennifer Savage (408) 399-5702
b. Santa Clara County Fire Department: (408) 378-4010
c. West Valley Sanitation District: (408) 378-2407
d. County Environmental Health Department: (408) 885-4200
e. Environmental Services Department of the San Jose/Santa Clara Water Pollution
Control Plant for Pretreatment Notice/Certification. You can contact this agency
directly at (408) 945-3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to. the applicable Town ordinances. The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
32. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
33. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
34. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
35. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as -built" drawings.
36. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
37. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, theiuuoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
38. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
39. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours: Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
42. INTERIOR SPACE MODIFICATIONS: Any modification to the existing interior space
may require modification to the existing fire sprinkler system. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to the Fire Department for review and approval
prior to beginning their work.
43. OCCUPANCY RECLASSIFICATION: The proposed expansion appears to require
occupancy reclassification from a `B' to an `A-3.'
TO THE SATISFACTION OF THE CHIEF OF POLICE:
44. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
45. UNIFORMED SECURITY: Uniformed privately provided security guards may be
required in or around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
46. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on -going
employee training on alcoholic beverage service to the general public.
47. TRAINING MANUAL: The restaurant operator shall use an employee training manual
that addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
48. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
49. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
N:\DEV\CONDITNS\2011 \S SC20, docx
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GLENN THOMPSON:
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THIS PAGE
INTENTIONALLY LEFT BLANK
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: May 11, 2011
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
APPLICATION SUMMARY:
RECOMMENDATION:
PROJECT DATA:
Jennifer L. Savage, Associate Planner
jsavage@losgatosca.gov
Conditional Use Permit Application U-11-001
ITEM NO: 2
20 S. Santa Cruz Avenue, Suites #200 & 201 (southwest corner
of Santa Cruz Avenue and Main Street)
Ed Rathmann
Portfolio Management Co.
Requesting approval to expand an existing restaurant (Main
Street Burgers) into a space currently occupied by a separate
restaurant (Cold Stone Creamery) on property zoned C-2. APN
510-45-075.
DEEMED COMPLETE: April 13, 2011
FINAL DATE TO TAKE ACTION: October 11, 2011
Strong Approval with modifications to their request.
General Plan Designation: Central Business District
Zoning Designation: C-2 — Central Business District
Applicable Plans & Standards: General Plan; Central Los Gatos
Parcel Size:
Surrounding Area:
Redevelopment Plan;
Commercial Design Guidelines;
Standards for Outdoor Seating
43,367. square feet
Existing Land
Use
General Plan
Zoning
North
Commercial
Central Business District
C-2:LHP
East
Montebello Park
Open Space
RC
South
Commercial
Central Business District
C-2
West
Commercial &
Residential
Central Business District &
Medium Density Residential
C-2 &
R-1D:LHP
Attachment 7
Planning Commission Staff Report - Page 2
20 S. Santa Cruz Avenue /U-11-001
May 11,2011
CEQA:
FINDINGS:
CONSIDERATIONS:
ACTION:
EXHIBITS:
BACKGROUND:
The project is Categorically Exempt according to Section 15061
of the State Environmental Guidelines as adopted by the Town
because the project consists of permitting an activity where it can
be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment.
• As required by Section 15061 of the State Environmental
Guidelines as adopted by the Town that this project is
Categorically Exempt.
• As required by Section 29.20.190 of the Town Code for
granting a Conditional Use Permit.
• As required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets
the use set forth in the Town's General Plan.
s As required by the Town's Alcoholic Beverage Policy to
approve a Conditional Use Permit to serve alcoholic
beverages after 10:00 p.m.
None.
Forward Conditional Use Permit U-11-001 to the Town Council
with a Recommendation of Approval.
1. Location Map
2. Findings and Considerations
3. Recommended Conditions of Approval
4. Map of Existing Restaurant Concentration in the C-2 Zone
5. List of Existing Alcohol Beverage Service and Entertainment
Uses in the Central Business District
6. Letter of Justification (two pages), received February 2, 2011
7. Supplemental Letter of Justification (two pages), received
April 11, 2011
8. Development Plans (two pages), received April 11, 2011
In 2004, Conditional Use Permits (CUPs) were granted to operate a high -turnover sit-down
restaurant (Main Street Burgers) in suite #200, a specialty retail/restaurant use (Cold Stone
Creamery) in suite #201, and an outdoor dining area for both uses. It should be noted that the
types of restaurants listed are for determining traffic impacts. Town Code classifies both uses as
restaurant. Prior to these uses both spaces were occupied by a high -turnover, sit-down restaurant
(Swenson's). In 2007, Council granted a CUP modification to allow the service of beer and wine
Planning Commission Staff Report - Page 3
20 S. Santa Cruz Avenue /U-11-001
May 11, 2011
at Main Street Burgers. The applicant notes that Cold Stone will vacate Suite #201 soon (Exhibit
6).
Staff analyzed the project against the Town's Alcoholic Beverage Policy (ABP) and the Town's
standards for outdoor seating.
PROJECT DESCRIPTION:
A. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow an
existing restaurant, Main Street Burgers, to expand into an adjacent restaurant space. The
CUP requires a recommendation from the Planning Commission and review by the Town
Council because the use involves the service of alcoholic beverages. As part of the
application, the applicant is requesting an interpretation on how to calculate the number of
seats per bench.
The applicant provided a letter of justification (Exhibit 6) and plans (Exhibit 8). The
applicant is requesting the following changes noted in the table below.
i��
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vale s �- � ta§�3- �c
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Alcohol
Service
Beer and wine with meal
service only
Not allowed
_
Beer and wine with meal
service only •
Number of
Seats
26 — indoor
18 — outdoor
8 -indoor
18 — outdoor
50 — indoor
20 — outdoor
Hours of
Operation
Seven days a week
7:00 a.m. to 11:00 p.m.
Seven days a week
11:00 a.m. to 11:00 p.m.
Seven days a week
10:00 a:m. to 11:00 p.m.
B. 'Location and Surrounding Neighborhood
The project site is located at 20 S. Santa Cruz Avenue, Suites 200 and 201, southwest
Comer of Santa Cruz Avenue and Main Street. The project is adjacent to commercial uses,
Montebello Park, and residential uses.
C. Zoning Compliance
The zoning designation allows restaurants subject to the approval of a Conditional Use
Permit.
Planning Commission Staff Report - Page 4
20 S. Santa Cruz Avenue /U-11-001
May 11,2011
ANALYSIS:
A. Alcoholic Beverage Policy (ABP)
The proposed application meets the purpose, general policy, and specific policy of the
Town's Alcoholic Beverage Policy (ABP). The deciding body must make specific findings
for the service of alcoholic beverages after 10:00 pm. Main Street Burgers is currently
allowed to serve alcoholic beverages past 10:00 pm, remains in good standing, and would
continue to provide the community with an established, successful restaurant.
B. Outdoor Seating
The applicant proposes to continue the use of the previously approved outdoor seating area.
The CUP for the outdoor seating area approved 36 seats. The area currently contains six
tables with attached, immobile benches. Based on building code, these tables and benches
can accommodate a total of 36 people.
The combined spaces, suites #200 and #201, currently allow 34 indoor seats and 36
outdoor seats for a total of 70 seats. • The applicant proposes to recalculate the outdoor
seating and allocate only 20 outdoor seats to allow 50 seats indoors (Exhibit 7). However,
the existing tables and benches, will be used and, based on building code and as mentioned
above, can accommodate 36 people. Therefore, based on the request for 50 seats indoors,
the request exceeds the maximum allowable 70 seats. The applicant submitted a
supplemental letter of justification for the reallocation of outdoor seating request (Exhibit
7). If the deciding body finds merit with the applicant's justification of the outdoor seating
calculation, they should remove the recommended condition of approval for outdoor patio
seating (condition number 14) and replace it with the following:
OUTDOOR SEATING OCCUPANCY: The application shall post a sign that states the
maximum occupancy in the outside patio shall not exceed 20, prior to issuance of final
occupancy. This maximum occupancy does not include restaurant personnel.
The Town has five standards for outdoor seating:
1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed
on private property with a Conditional Use Permit.
2. A physical delineation in the form of landscaping or planters is required to separate
public and private property. The height of the separation shall be a minimum of
three feet but no higher than four feet. The physical design and plant material
should complement the design of the building and prevent passing or carrying
alcoholic beverages outside the restaurant seating area. Plant material shall be
alive.
Planning Commission Staff Report - Page 5
20 S. Santa Cruz Avenue /U-1 1-001
May 11,2011
3. When alcoholic beverages are petiuitted in outdoor seating areas that are
immediately adjacent to a public pedestrian way, the landscape separation shall be
designed to clearly suggest that alcohol is not allowed outside the restaurant seating
area.
4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold
harmless agreement shall be recorded releasing the Town from any liability related
to the outdoor seating.
5. When alcoholic beverage service is permitted outside, a restaurant employee shall
seat patrons.
The proposal complies with numbers one, two, and three as previously approved. The
proposal complies with number four as conditioned. Standard number five requires that a
restaurant employee seat patrons when alcoholic beverage service is permitted outside.
The establishment is not currently required to meet this standard and does not have a
history of complaints. The Town Council found with the 2007 CUP modification request
to service beer and wine that the outdoor service of alcohol in the patio area would be
closely monitored by the applicant's employees, the Director of the Department of
Community Development and the Chief of Police to ensure compliance with conditions of
approval. The deciding body should consider whether the subject application meets the
standards for outdoor seating.
C. Parking and Traffic
As stated above, the existing combined allowed seating for both restaurants is 70 seats.
The applicant is requesting to maintain 70 seats based on the limitation of 20 outdoor seats
(Exhibits 6, 7, and 8). The use requires one parking space per four seats. The property has
parking on site and parking credits in the Parking Assessment District. Based on the
parking spaces required for the previous and existing restaurant uses, the project meets the
parking requirements if the maximum total seating is limited to 70.
There will be no increase in traffic impacts because the proposed restaurant use will replace
a former restaurant use.
D. Police Department Comments
The Police Department reviewed the proposal and finds the proposed restaurant expansion
acceptable.
E. Conditional Use Permit Findings
In order to grant approval of a Conditional Use Permit, the deciding body must make the
following findings:
Planning Commission Staff Report - Page 6
20 S. Santa Cruz Avenue /U-11-001
May 11,2011
(1) The proposed uses of the property are essential or desirable to the public convenience
or welfare; and
(2) The proposed uses will not impair the integrity and character of the zone; and
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
In regards to finding one, the use is essential or desirable to the public convenience or
welfare in that it would allow an existing restaurant to expand. In regards to the second
finding, the use will not impair the integrity of the zone since the commercial use will be in
a commercial zone. In regards to finding three, the recommended conditions of approval
will mitigate potential impacts. In regards to the final finding, the proposed use meets the
objectives of the General Plan and Town Code as discussed within this report.
F. General Plan
The goals and policies of the 2020 General Plan listed below are applicable to this project.
Staff's comments regarding the goals and policies are italicized.
• 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. The proposed use will encourage an existing
business to remain while allowing it to expand.
• Goal LU-10 - To preserve Downtown Los Gatos as the historic center of the Town with
goods and services for local residents while maintaining the existing Town identity,
environment and commercial vitality. The proposed use will allow an existing business
to expand.
• Policy. LU-10.2 — Recognize and encourage the different functions, land use patterns
and use mixes of the various commercial areas within the Downtown. These include: a.
the pedestrian scale and orientation of the Central Business District. The proposal
allows an existing restaurant to expand into an existing separate restaurant space. The
continued use of the outdoor seating area contributes to the pedestrian orientation of
the Central Business District.
• Policy CD-10.2 — Encourage outdoor seating for -restaurants/coffee shops when the
historic character and quality of the Downtown and adjacent neighborhoods can be
maintained. The proposed project would continue to provide outdoor seating for a
restaurant.
G. Environmental Review
The project is Categorically Exempt according to Section 15061 of CEQA as adopted by
the Town, which exempts permitting an activity where it can be seen with certainty that
Planning Commission Staff Report - Page 7
20 S, Santa Cruz Avenue /U-11-001
May 11, 2011
there is no possibility that the activity may have a significant effect on the environment.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
H. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be peiiiiitted in the Central Los Gatos Redevelopment Project Area.
The subject property is designated commercial and, per. the Redevelopment Plan, shall be
used for the general commercial uses set forth and described in the Town's General Plan.
The proposed use falls under general commercial uses.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
SUMMARY AND RECOMMENDATION:
A. Summary
The project would allow an existing restaurant to expand into another existing restaurant
space and meets the provisions of the Alcoholic Beverage Policy (ABP). However, as
discussed earlier in the report, the request exceeds the maximum allowable seating based
on staffs interpretation of calculating bench seating. If the deciding body finds merit with
the applicant's justification of the outdoor seating calculation, they should remove the
recommended condition of approval for outdoor patio seating (condition number 14) and
replace it with the following:
OUTDOOR SEATING OCCUPANCY: The application shall post a sign that states the
maximum occupancy in the outside patio shall not exceed 20, prior to issuance of final
occupancy. This maximum occupancy does not include restaurant personnel.
Also, the existing establishment is not required to seat patrons by a restaurant employee
and the deciding body should consider if the proposal meets the standards for outdoor
seating.
B. Recommendation
Due to the ability to condition the project so that it does not exceed the maximum
allowable seating, staff recommends strong approval of the proposed project. If the
deciding body concurs with staff s recommendation, it should:
Planning Commission Staff Report - Page 8
20 S. Santa Cruz Avenue /U-11-001
May.l 1, 2011
1. Find that the proposed project is categorically exempt, pursuant to Section 15061 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); and
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. Make the required finding as required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets the use set forth in the
Town's General Plan (Exhibit 2); and
4. Make the required findings as required by the Town's Alcoholic Beverage Policy to
approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m.
(Exhibit 2); and
5. Recommend approval of Conditional Use Peiiiiit application U-11-001 to the Town
Council with the conditions contained in Exhibit 3.
Alternatively, if the Commission has concerns with the application, it can:
1. Recommend approval the application with additional and/or modified conditions of
approval, or
2. Recommend denial of the application.
P ; . ared b
Jennifer L. Savage, AICP
Associate. Planner
WRR:JS:cgt
0,e/Y) Gt f C,
Approved by:
Wendie R. Rooney
Director of Community Development
cc: Ed Rathmann, 17695 Blanchard Drive, Monte Sereno, CA 95030
Portfolio Management Co., 4010 Moorpark #111, San Jose, CA 95117
N:\DEV\PC REPORTS\2011\SSC20.docx
20 S. Santa Cruz Avenue
EXHIBIT 1
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REQUIRED FINDINGS FOR:
20 S. Santa Cruz Avenue
Conditional Use Permit U-11-001
Requesting approval to expand an existing restaurant Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510-45-075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to Section 15061 of the State Environmental
Guidelines as adopted by the Town.
Required findings for a Conditional Use Permit:
e As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
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 uses of the property are essential or desirable to the public convenience or
welfare in that it would allow an existing restaurant to expand; and
(2) The proposed uses will not impair the integrity and character of the zone in that the
commercial use will be in a commercial zone; and
(3) The proposed uses would not be detrimental to public health, safety or general welfare in
that the conditions of approval will mitigate potential impacts; and
(4) The proposed uses of the property are in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code as discussed within staff report
for the May 11, 2011, Planning Commission meeting.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
® That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated
commercial and the proposed use falls under general commercial uses.
EXHIBIT 2
Page 2 of 2
20 S. Santa Cruz Avenue/U-11-001
May 11,2011
Required findings for the Town's Alcoholic Beverage Policy:
■ As required by Chapter II, Section 6, of the Town's Alcohol Beverage Policy for granting
alcohol service beyond the hours of 10 p.m.
The deciding body shall make the following findings prior to approving an application for a
Conditional Use Permit to serve alcoholic beverages past 10 p.m.:
A. Late night service will not adversely impact adjacent residential neighborhoods in that the
restaurant is in good standing and does not have a history of residential disturbance.
B. The applicant does not have a history of complaints and non-compliance with local
ordinances or the Alcoholic Beverage Policy based on police records.
C. The applicant has demonstrated a clear benefit to the community in that the project
continues to provide the community with an established, successful restaurant.
N:\DEV\FINDINGS\2011\S SC20.docx
CONDITIONS OF APPROVAL —May 11, 2011
20 S. Santa Cruz Avenue
Conditional Use Permit U-11-001
Requesting approval to expand an existing restaurant (Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510-45-075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
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 development
plans noted as received by the Town on April 11, 2011. Any changes or modifications to
the approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or 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. BUSINESS OPERATION. This approval is for a high -turnover, sit-down restaurant, and
is restricted to the areas shown on the approved plans. Any change in the type of
business requires modification of the Conditional Use Permit.
4. HOURS OF OPERATION. Hours of operation are limited to 10:00 a.m. to 11:00 p.m.,
daily.
5. SEATS. The maximum number of seats is 70 (50 indoors and 20 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine is permitted only with meals. A
meal is defined as a combination of food items selected from a menu (breakfast, brunch,
lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals. There shall be no separate bar for the restaurant.
7. ALCOHOL LICENSE: The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT: —No -live -entertainment is -allowed.
9. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if full. A trash receptacle shall be
located on the outdoor patio and maintained by restaurant staff.
11. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development.
13. OUTDOOR -PATIO SEATING. .Prior to issuance of building permits, the building
permit plans shall show a maximum of 20 outdoor seats as measured by building code.
Prior to final occupancy or commencement of use, there shall be no more than 20 outdoor
seats in the outdoor seating area as measured by building code.
EXHIBIT 3
14. PORTER. A porter shall be available at all times to maintain the patio area.
15. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
16. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
17. 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 pursuant
to Section 29.20.340 of the Zoning Ordinance.
18. DELIVERIES. Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
19. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The .applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencing
business or prior to issuance of building permits.
20. HOLD HARMLESS AGREEMENT: Prior to commencing the use of outdoor seating or
the issuance of building permits, the applicant shall record a hold harmless agreement, to
be reviewed and approved by the Town, releasing the Town from any liability related to
the outdoor seating.
21. 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 Attorney.
Building Division
22. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
23. 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.
24. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36".
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance forms must be blue -lined on the plans including lighting compliance and
mandatory measures.
26. 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.
27. TITLE 24 — COMMERICAL: For any proposed tenant improvements, 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.
28. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley Sanitation. District (WVSD): (408) 378-2408
b. Environmental Health Department: (408) 885-4200
c. Town Public Works Department: (408) 399-7530
29. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
30. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399-5702
b. Santa Clara County Fire Department: (408) 378-4010
c. West Valley Sanitation District: (408) 378-2407
d. County Environmental Health Department: (408) 885-4200
e. Environmental Services Department of the San Jose/Santa Clara Water Pollution
Control Plant for Pretreatment Notice/Certification. You can contact this agency
directly at (408) 945-3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
32. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
33. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
34. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment perniiit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
35. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as -built" drawings.
36. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
37. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
38. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
39. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of.a building permit.
40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours:
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division: The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's_ representative._in._charge shall_be..at_the ..job _site_during.
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town perfoiuuing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
42. INTERIOR SPACE MODIFICATIONS: Any modification to the existing interior space
may require modification to the existing fire sprinkler system. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
penult application and appropriate fees to the Fire Department for review and approval
prior to beginning their work.
43. OCCUPANCY RECLASSIFICATION: The proposed expansion appears to require
occupancy reclassification from a 'B' to an `A-3 .'
TO THE SATISFACTION OF THE CHIEF OF POLICE:
44. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation, and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
45. UNIFORMED SECURITY: Uniformed privately provided security guards may be
required in or around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
46. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on -going
employee training on alcoholic beverage service to the general public.
47. TRAINING MANUAL: The restaurant operator shall use an employee training manual
that addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
48. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non-alcoholic beverages for designated
drivers.
49. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
N:\DEV\CONDITNS\2011 \SSC20. docx
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Enoteca La Storia***
Re: Main Street Burgers Expansion
Letter of Justification
To the Town of Los Gatos:
February 2, 2011 RECEWE.D
FEB 2011
TOWN OF Li s GATOS
PLANNING G DIVISION
Main Street Burgers, located at 20 S. Santa Cruz Avenue is requesting modification of its
existing C.U.P. to allow expansion of its current restaurant to encompass the leasehold
space now occupied by Cold Stone Creamery in the adjoining premises.
BACKGROUND
Main Street Burgers opened in 2005. It specializes in gourmet, cooked to order, natural
beef hamburgers. It also serves grilled chicken, sandwiches, wild salmon burgers, veggie
burgers and fresh green salads. Main Street offers ice cream, milkshakes, soft drinks and
a limited selection of beer and wine.
PROJECT
Presently Main Street occupies 1239 square feet and now seeks petiiiission to extend its
restaurant service into the soon to be vacant Cold Stone space of 1296 square feet. This
expansion would entail the removal of a non -load bearing wall that now separates the two
operations. This would recreate the original Swenson's space of 20 years ago. We will
add 24 interior seats in the Cold Stone space; and a modest interior remodel to coordinate
the two interiors to form one continuous restaurant. No expansion to the kitchen line is
planned. The style of service will remain the same.
JUSTIFICATION
Main Street Burgers has developed into a community asset. We provide gourmet
--Hamburgers and quality food a remarkably reasonable prices. •Guest checksaverage $8"= `-
$9 dollars so an entire family can dine economically. Since opening we have received
numerous "requests" by community members to provide additional seating to better
accommodate families and small parties. Guests arriving with two or more in their party
often have to wait for seating to come available. Needless to say, this can be frustrating
and time consuming. There is clearly an unmet need for this expanded restaurant service
in Los Gatos.
20 South Santa Cruz Avenue
(at the corner of Nfatn Street)
Ste 200, Los Gatos, CA 95030
Tel: 408. 354. 1881
Fax: 408. 354. 7353
EXHIBIT 6
As noted earlier, Main Street wishes to extend its current menu service, including beer
and wine, into the new space. In our original application for beer and wine service, we
pointed out that only a limited number of customers elect to have a glass of beer or wine
with their meal. But for those who so choose, it is available. Because both spaces will be
unified, it is only natural that the beer and wine service include the new space in order to
provide continuity throughout the restaurant. It would be a managerial "nightmare" to
restrict the limited alcohol space to the original "footprint".
In this regard, since receiving permission to serve beer and wine, there have been no
complaints or incidence whatsoever, whether at the Town or ABC level. As promised we
have monitored the service closely to assure compliance with all applicable laws.
SUMMARY
In summary, the expansion we are proposing responds to a clear need in the community
by providing an economical, wholesome restaurant experience the entire family can
enjoy. Moreover, offering beer and wine service in the newly proposed space does not
represent a new alcohol use in Los Gatos. Rather, it is a modest expansion of an already
existing, low impact, trouble free use that has been already approved by the town.
Ed Rathmann
Glenn Thompson
rkf NATURAL
RECE/
PR 1 1 2011
N OF LOS GATO;':
tN1NG DIVISION
RE: Main Street Burgers
Supplemental Letter of Justification
To the Town of Los Gatos:
April 11, 2011
Thank you for the opportunity to respond to the Town's inquiry regarding
Main Street Burger's proposal to leave the existing patio seating intact.
The combined Main Street/Coldstone space is now permitted for 70 seats,
34 inside and 36 on the patio. We are not asking to increase this allocation, but
6n1y-to change the apportionment- of the -seating -between indoor and outdoor.
This outdoor 36-seat limit is not mandated by any formula in the zoning
ordinances, but is created by reference to building codes, which propose one seat
per 24 inches of bench. We contend that this calculation is arbitrary, in light of
how the patio is actually used. We believe a reasonable and fair quota would be
20 outdoor seats, a limit that better reflects the reality of how many people
actually use the existing tables.
20-PERSON LIMIT
The goal to limit patio use to 20 people at any one time is achievable
without the demolition and redesign of the existing seating plan. Presently, the
patio has 5 attached community -style tables and benches. By their nature, they
create a -setting that-is-self-limiting=as=to-the-number-of=people-who-will-be-seated---------.--- .-=--
at any given time. The natural tendency to maintain a polite distance from other
diners and to enjoy one's - own -personal space -limits -people -from - packing
themselves onto a bench side -by -side with strangers.
While a table could possibly hold 6 people, this has never been the case in
reality. We never see more than 2 non -related groups seated at the same table. In
most cases, a group of 2 or 3 will themselves exclusively occupy an entire table
during their meal. Moreover, since our opening, we have never observed more
than 20 people in the patio area at any one time, even during our busiest hours.
20 South Santa Cruz Avenue
(at the corner of Main Street)
Ste 200, Los Gatos, CA 95030
Tel: 408. 354. 1881
Fax: 408. 354. 7353
. EXHIBIT 7
PARKING IMPACTS
It should be noted that the use permit seating limits are largely designed to
reduce parking impacts by Main Street. However, the times when Main Street is
busiest (evenings and weekend), the offices at Lyndon Plaza are empty. So the
existing onsite parking accommodates Main Street's patrons, without spillover to
the street or adjacent neighborhoods.
COMMUNITY RESOURCE
The existing fixed tables and benches provide a great community resource.
As Mayor Pirzynski recently noted: "...Town beautification begins at the curbs of
our homes and businesses, and gatherings are celebrations of community..."
People can gather in our patio, dine al fresco, and enjoy the view of the park and
people -watching while relaxing at one of our beautiful mahogany tables.
Community tables are a growing trend in dining. They foster conversation among
strangers and encourage people to get to know their neighbors. Demolishing this
popular and beautifully -designed destination in order to replace it with 5 four -
seat isolated tables would be a loss to the community.
CONCLUSION
If the ultimate goal is to achieve a maximum of 20 diners on the patio, then
the patio's existing configuration - combined with people's natural behavior - will
reach that goal. In addition, we will also post stating the maximum patio
occupancy is 20. We ask the Town to exercise its maximum flexibility on this
matter, which achieves both of our goals while preserving a popular community
feature.
Thank you for your consideration.
Yours truly,
Ed Rathmann
General partner
Glenn E. Thompson
General partner
42 Broadway'
Los Gatos, CA
95030
May 29, 2011
bear Town Council,
RECEIVED
JUN 0 2 2011
MAYOR & TOWN COUNCIL
Regarding approval to expand existing Juicy Burger, I have one
request.
When Juicy Burger and Willow Street were approved, there was
special provision to NOT TO PARK ON BROADWAY, and to
provide valet parking for employees and customers. Valet parking
helps, but does not cover the needs of the two businesses.
Employees of Willow Street currently park on Broadway every
day, coming out to move their cars every two hours on weekdays.
I can verify with photographs if necessary.
If the expansion of Juicy Burgers is approved, can the provision
be continued to NOT PARK ON BROADWAY? This is not a
parking lot, but a residential street.
Thank you so much,
Sincerely,
Gail Randolph
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