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2012-021 - CUP 640 Blossom Hill Rd Applicant Harlan Faust/Chipotle MexicanRESOLUTION 2012 -021 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U -11 -016, APNs: 529 -16 -047 & 529 -16 -054 CONDITIONAL USE PERMIT APPLICATION: U -11 -016 PROPERTY LOCATION: 640 BLOSSOM HILL ROAD PROPERTY OWNER: BLOSSOM HILL PAVILION LP APPLICANT: HARLAN FAUST /CHIPOTLE MEXICAN GRILL WHEREAS, this matter came before the Town Council for public hearing May 7, 2012, and was regularly noticed in conformance with State and Town law. WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) to operate a restaurant (Chipotle) with outdoor seating and alcoholic beverage service on property zoned CH. The applicant requested 40 seats and hours of operation of 11:00 a.m. to 10:00 p.m., seven days a week. WHEREAS, on April 11, 2012, the Planning Commission considered a request for approval of CUP U -11 -016 (Chipotle) on property zoned CH. The Planning Commission recommended approval of the request with a modified condition of approval, finding that the proposal was desirable to the public; it will not impair the integrity of the zone; will not be detrimental to public health, safety, or welfare; and is in harmony with the elements and objectives of the General Plan. WHEREAS, 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 April 26, 2012, along with any and all subsequent reports and materials prepared concerning this application. 1 WHEREAS, council finds as follows: A. 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 April 26, 2012, and incorporates the findings made by the Planning Commission on April 11, 2012, regarding this application. B. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. NOW, THEREFORE, BE IT RESOLVED: 1. The CUP application U -11 -016 to operate a restaurant (Chipotle) with outdoor seating and alcoholic beverage service on property zoned CH is granted. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for 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. F1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7 1 day of May, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: uw " i4o CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONDITIONS OF APPROVAL — May 7, 2012 640 Blossom Hill Road Conditional Use Permit U -11 -016 Requesting approval to operate a restaurant (Chipotle Mexican Grill) with outdoor seating and alcoholic beverage service on a property zoned CH (portion of previous Hollywood Video space). APN 529 -16 -047 & 529 -16 -054. PROPERTY OWNER: Blossom Hill Pavilion LP APPLICANT: Harlan Faust /Chipotle Mexican Grill TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received on February 6, 2012. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, the Planning Commission, or the Town Council depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years from the date of approval unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year the approval lapses. 4. USE: The approved use is a high- turnover sit -down restaurant. 5. NUMBER OF SEATS: The maximum number of seats shall not exceed 40 (indoor and outdoor combined). 6. HOURS OF OPERATION: Maximum hours of operation are 11:00 am. to 10:00 p.m., seven days a week. 7. ALCOHOL SERVICE: The service of beer and margaritas 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. No separate bar is allowed and alcoholic beverage service is not allowed outside. 8. LIVE ENTERTAINMENT: No live entertainment is allowed. 9. DELIVERIES: Deliveries shall occur between 12:00 a.m. to 6:00 a.m. Delivery trucks shall limit off - loading to within in the parking lot, not on Blossom Hill Road or Los Gatos Boulevard. 10. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts. 11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 12. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 13. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 14. COMMUNITY BENEFIT: The applicant has offered the following Community Benefit to offset traffic impacts created by the proposed project: grading a portion of the parking lot to allow cars to pull further into the parking spaces which could reduce the difficult traffic circulation in the subject parking lot 15. 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 16. 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. 17. 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. 18. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ". 19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue -lined (i.e. sticky backed) onto the plans including lighting compliance and mandatory measures. 20. 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. 21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design Architect and then confirmed by Town staff. See Advisory Comment 10.b. 22. 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 23, PLANS: The construction plans for this commercial building shall be prepared under the direct supervision of a licensed Architect or Engineer. (Business and Professionals Code Section 5538) 24, 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 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 25. 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. 26. 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. It is the responsibility of the applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 27. 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. 28. 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. 29. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction 30. STREET /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. 31. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department 32. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 33, DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 34. PARKING. Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 35. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 36. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $49,080. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on use. 37. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide Community Benefit based on the Town Traffic Impact Policy. 38. CONSTRUCTION STREET PARKING. No vehicle having a manufacture'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 cone without prior to approval from the Town Engineer. 39. 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. 40. WVSD (West Valley Sanitation District). Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean -out is required for each property at the property line or location specify by the Town. 41. 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. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 42. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 43. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and provided with area drains connected to the sanitary sewer per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 44. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 45. 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: 46. COMMERCIAL COOKING SYSTEMS: Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled or its intended use. 47. FIRE SPRINKLER SYSTEMS: Fire Department records indicate that the building is equipped with a fire sprinkler system. Any interior remodeling may require modification to this system. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application an appropriate fees to the fire department for review and approval prior to beginning their work. TO THE SATISFACTION OF THE CHIEF OF POLICE: 48. 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. 49. 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. 50. 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. 51. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non - alcoholic beverages for designated drivers. 52. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible location.