2014-028 - Grant Appeal for CUP at 33 E. Main St Yogurt In LoveRESOLUTION 2014 -028
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A YOGURT SHOP
(YOGURT IN LOVE) ON PROPERTY ZONED C -2:LHP
APN: 529 -02 -044
CONDITIONAL USE PERMIT APPLICATION: U -13 -024
PROPERTY LOCATION: 33 E. MAIN STREET
PROPERTY OWNER: EAST MAIN INVESTMENT LLC
APPLICANT /APPELLANT: SHAWN LUCCA
WHEREAS, this matter came before the Town Council for public hearing on April 21, 2014,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, the applicant filed an appeal of a Planning Commission decision denying a
request for a Conditional Use Permit to operate a yogurt shop (Yogurt in Love) on property zoned
C- 2:LHP; and
WHEREAS, on February 26, 2014, the Planning Commission considered the request for
approval of a Conditional Use Permit (CUP) to operate a yogurt shop (Yogurt in Love) on property
zoned C- 2:LHP. The Commission denied the application; and
WHEREAS, Town Code requires a CUP for restaurant uses; and
WHEREAS, pursuant to Ordinance 2021, the proposed use would constitute a conversion of
retail space to a restaurant use, which is strongly discouraged; and
WHEREAS, pursuant to Town Code Section 29.10.190(a), the hearing body may grant a
CUP if the proposed use of the property is essential or desirable to the public convenience or welfare;
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; and
WHEREAS, Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council agenda for April 21, 2014, along with any and all subsequent
reports and materials prepared concerning this application; and
WHEREAS, Council has determined that the decision of the Planning Commission was
based on Ordinance 2021 which strongly discourages retail conversion to restaurant and that
decision was not at the discretion of the Planning Commission to approve.
WHEREAS, Council incorporates the findings for approval attached as Attachment 4 to the
Council Agenda Report for April 21, 2014.
NOW, THEREFORE, BE IT RESOLVED THAT the CUP application U -13 -024 for
approval of the CUP is granted.
BE IT FURTHER RESOLVED THAT the Conditions of Approval attached hereto as Exhibit
A are hereby adopted as the Conditions of Approval for this permit.
NOW, THEREFORE, IT IS HEREBY RESOLVED, 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, held on the 21" day of April 2014, by the following vote.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
S ED:
YOR OF THE TO OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I . APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below, in substantial compliance with the approved plans. 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 change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. APPROVED USE: The approved use is for a yogurt/dessert shop without commercial
cooking facilities or equipment.
4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a
resolution in the future which regulates formula restaurants, this CUP shall be subject to
that ordinance or resolution.
5. SEATS: The maximum number of seats shall not exceed 14.
6. HOURS OF OPERATION: Maximum hours of operation 10 a.m. to 10 p.m., Sunday
through Thursday; and 10 a.m. to 11 p.m. on Friday and Saturday.
7. ENTERTAINMENT: Live entertainment is not allowed.
8. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
10. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to
commencement of use.
11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
12. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the
hours of 7 AM to 10 AM.
13. 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 commencement of
use and/or issuance of building permits.
14. 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.
NADEV\C0NDITNS\2014\33 E. Main.docx
EXHIBIT A