2008-031-Deny Appeals For 115 Nsc And 112 Wilder AveRESOLUTION 2008 -031
RESOLUTION DENYING APPEALS AND UPHOLDING THE PLANNING COMMISSION
DECISION TO APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE,
CONDITIONAL USE PERMIT, SUBDIVISION, VARIANCE AND A PORTION OF AN
ARCHITECTURAL AND SITE APPLICATION
APN: 523 -12 -039
GENERAL PLAN AMENDMENT APPLICATION GP -07 -01
ZONE CHANGE APPLICATION Z -07 -001
ARCHITECTURE AND SITE APPLICATION 5 -07 -019
CONDITIONAL USE PERMIT APPLICATION U -07 -020
SUBDIVISION APPLICATION M -07 -005
VARIANCE APPLICATION V -07 -01
NEGATIVE DECLARATION ND -07 -10
PROPERTY LOCATION: 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE
(COGGESHALL MANSION)
PROPERTY OWNER SANTA CRUZ WILDER, LLC
APPLICANT: JOHN LIEN
APPELLANTS: SANTA CRUZ WILDER, LLC AND LEE QUINTANA
WHEREAS:
A. This matter came before the Town Council for public hearing on April 7, 2008, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellants, 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 Report dated April 3, 2007.
C. The project includes a number of applications intended to make physical and use
changes to the property, which includes two parcels — 115 North Santa Cruz Avenue and 112 Wilder
Avenue — that are currently used as a fine dining restaurant and parking. The General Plan
amendment is intended to change the designation of a portion of the Wilder Avenue parcel, currently
used for parking, from Medium Density Residential to Central Business District, and the zone
change amendment is intendeu to change the same portion of the parking lot parcel from R- 1D:LHP
to C- 2:LHP. The subdivision application is intended to approve a lot line adjustment on the Wilder
Avenue parcel. The variance application is intended to remove the parking spaces located on a
portion of the Wilder Avenue parcel from the Parking Assessment District, because the zoning code
otherwise requires that parking spaces included in the calculation of the District cannot be
eliminated. Cumulatively, these changes are intended to make the Wilder Avenue parcel suitable for
development of a single family residence while merging the remaining portion of that parcel and its
remaining parking spaces with the North Santa Cruz Avenue parcel. The Conditional Use Permit
application is intended to reduce the allowed seating for a fine dining restaurant and limit the
restaurant to the first floor and basement. The Architecture and Site application is intended to
construct two detached commercial building on the Santa Cruz Avenue parcel in the front yard of the
existing historic Coggleshaw Mansion, and to modify the exterior of the Mansion to provide an
exterior stairway and to replace an existing window with a door to accommodate the stair access, and
lastly to add new parking spaces along the alley.
D. The applications were considered by the Planning Commission on January 23 and
February 13, 2008. The Commission recommended approval of the General Plan amendment from
Medium Density Residential to Central Business District for a portion of the parking lot parcel, and
the zone change from R -1 D:LHP to C -2:LHP for a portion of the parking lot parcel. The
Commission approved the subdivision application for the lot line adjustment (contingent upon
Council approval of the General Plan amendment and zone change), a modification of the
Conditional Use Permit for conversion of an existing fine dining restaurant into a smaller fine dining
restaurant on the first floor and basement, a variance to covert the existing parking lot fronting on
Wilder Avenue to a residential use, and a portion of the Architecture and Site application to modify
the exterior of the existing commercial building and to add parking along the west side of the alley.
The Commission denied the portion of the Architecture and Site application seeking approval of two
detached retail structures at toe front of the property adjacent to North Santa Cruz Avenue. The
Commission made the negative declaration to the extent it relates to the project other than the two
detached commercial buildings.
E. There are two appeals: the first was filed by the property owner Santa Cruz Wilder,
LLC, and the second was filed by a Town resident, Lee Quintana. In its appeal, Santa Cruz Wilder,
LLC argues that the Architecture and Site application was not required by their application, which,
according to them, concerns minor changes to an existing structure and accessory buildings. Santa
Cruz Wilder LLC further argues that the Planning Commission erred in discussing land use rather
than design, in failing to consider project consistency with the General Plan, in failing to accept the
position of the Historic Preservation Committees that the proposed detached structures were
acceptable to the Historic Preservation Committee, in focusing on the impact on the visibility on the
historic mansion, and in failing to consider the balance between preservation and enhancing
livability and supporting the economic vitality. Quintana argues in her appeal that the initial study
and proposed mitigated negative declaration are not adequate in assessing the impact to the historic
structure and setting and that there is a fair argument to require an environmental impact report.
F. The decision of the Planning Commission was correct.
G. Council finds as follows:
The findings of the Planning Commission made on February 13, 2008, are
adopted and incorporated herein.
2. The General Plan amendment is internally consistent with the General Plan
in that the change facilitates a lot line adjustment and lot merger allowing the Wilder Avenue
parcel to be used for single family residential purposes similar to the surrounding neighborhood
and the remaining portion of the Wilder Avenue parcel to continue being used for commercial
purposes.
The zone change is consistent with the General Plan as described above.
4. Pursuant to Town Code section 29.20.170, granting a variance to relieve
the Wilder Avenue parcel of the requirement to maintain parking spaces is due to special
circumstances applicable to the property, including size, shape, topography, location or
surroundings, which deprives the property of privileges enjoyed by other property in the vicinity
and under identical zone, including its location within the Parking Assessment District which
otherwise requires retention of the spaces, whether or not required by uses on the property, and its
location within a residential district resulting in an undesirable use (parking) adjacent to single
family residential uses, and otherwise prohibiting its use as residential property consistent with
adjacent parcels also zoned to allow residential use. Granting a variance would not constitute a
grant of special privileges inconsistent with limitations on other properties in the vicinity and zone
for the same reasons discussed above.
5. Pursuant to Town Code section 29.20.190, granting a Conditional Use
Permit is appropriate because: the proposed uses of the property are essential or desirable to the
public convenience or welfare, as demonstrated by evidence throughout the Council Agenda
Report dated April 3, 2008, that the conditional use permit will allow the continuation of a
successful fine dining restaurant while also allowing an office use upstairs in the Mansion
consistent with the allowed uses in the commercial zoning district, thus maximizing the utility of
the property; the proposed uses will not impair the integrity and character of the zone, as
demonstrated by evidence in the Council Agenda Report dated April 3, 2008 showing that the
proposed uses are consistent with the existing and allowed uses within the commercial zoning
district; the proposed uses will not be detrimental to public health, safety or general welfare as
demonstrated above and the lack of evidence of any harm resulting from the proposed uses on the
property; and, the proposed uses are in harmony with the various elements or objectives of the
General Plan and the purposes of the Town Code, as demonstrated above.
The work proposed is consistent with the Redevelopment Plan for the Los
Gatos Redevelopment Project Area, as demonstrated above.
The proposed mitigated negative declaration is sufficient with regard to the
applications approved by the Planning Commission, including the portion of the Architecture and
Site application approved by the Commission, which excluded the two detached commercial
buildings at the front of the North Santa Cruz Avenue parcel. There is no evidence in the record
demonstrating a potentially significant environmental impact arising out of any of the
applications, excluding the portion of the Architecture and Site application concerning the two
detached commercial buildings at the front of the North Santa Cruz Avenue parcel. The Mitigated
Negative Declaration is not approved with regard to the two detached commercial buildings, the
denial of which by the Planning Commission being upheld herein by Council. A new
environmental analysis would be required should any future application be made for additional
buildings on the North Santa Cruz Avenue parcel.
RESOLVED:
The appeals of the decision of the Planning Commission regarding General Plan
Amendment application GP- 07 -01, Zone Change application Z -07 -001, Architecture and Site
application 5 -07 -019, Conditional Use Permit application U -07 -020, Subdivision application M-
07 -005, Variance application V- 07 -01, and Negative Declaration ND -07 -10 are denied.
2. The conditions of approval for Architecture and Site application 5 -07 -019,
Conditional Use Permit application U -07 -020, Subdivision application —07 -005 are attached
hereto and incorporated herein as Exhibits A, B and C.
The Mitigation Monitoring Plan, attached hereto and incorporated herein as
Exhibit D, is approved.
4. 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 7" day of April 2008, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS:None
ABSENT:
ABSTAIN:
ATTEST:
C OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
GATOS
CONDITIONS OF APPROVAL
Architecture and Site Application
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND -07 -10
Subdivision Application M -07 -005
General Plan Amendment GP -07 -01
Zone Change Z- 07-001
Architecture and Site Application S -07 -019
Conditional Use Permit U -07 -020
Variance Application V -07 -01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R- 1D:LHP to C -2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C -2:LHP and R- 1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510 -17 -065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Division)
1. APPROVAL: The approval was modified to only include the exterior changes to
the existing building, relocation of the trash enclosure and the new parking spaces
on the west side of Victory Lane. The new proposed buildings and the parking on
the east side of Victory Lane were not approved. This application shall be
completed in accordance with all of the conditions of approval listed below and in
substantial compliance with the approved plans. Any changes or modifications
made to the approved plans shall be approved by the Planning Commission,
Development Review Committee, Director of Community Development or the
Historic Preservation Committee, 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. GENERAL: All existing trees shown to remain on the plan and newly planted
trees are specific subjects of approval of this plan and must remain on site.
4. PROTECTIVE FENCING: Prior to any construction or building permits being
issued, the applicant shall meet with the Parks Superintendent concerning the
need for protective fencing around the existing trees. Such fencing is to be
EXHIBIT A
installed prior to, and be maintained during, construction. The fencing shall be a
four foot high chain link attached to steel poles driven two feet into the ground
when at the dripline of the tree. If the fence has to be within eight feet of the
trunk of the tree, a fence base may be used, as in a typical chain link fence that is
rented.
*ARBOR RESOURCES: All recommendations made by Arbor Resources
(September 21, 2007) (relating to the project as modified) shall be implemented to
eliminate or minimize the construction- related impacts on the trees to be retained.
Recommendations are listed under Section 4.0, recommendations of the arborist's
report. These include recommendations under the Design Guidelines section
(addressing tree location mapping, protective fencing, building setback, trenching,
drainage facilities, and installation of new trees) and the Protection Measures
Before and During Construction section (addressing fencing, removal of
hardscape, demolition, work within tree canopies, etc). The report's
recommendations are included as Attachment 2 of the Initial Study.
ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations noted above (relating to the project as modified). A
Compliance Memorandum shall be prepared and submitted with the building
permit application detailing how the recommendations have or will be addressed.
These recommendations must be incorporated in the building permit plans, and
completed prior to issuance of a building permit where applicable.
(Building Division)
7. PERMITS REQUIRED: A building permit shall be required for the alteration of
the existing structure, and the parking lot improvements. Separate permits are
required for electrical, mechanical, and plumbing work as necessary.
8. 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.
9. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
10. CODES: Projects will be required to conform to the 2007 California Building,
Fire, Mechanical, Electrical, and Plumbing Codes. The California Codes are
based on model codes; 2006 International Building Code and Fire Code and 2006
Uniform Plumbing and Mechanical Codes and the 2005 National Electrical Code.
11. TITLE 24 — COMMERCIAL: The proposed tenant improvements, will require
upgrades to comply with the latest California Title 24 Accessibility Standards.
Necessary work shall be first investigated by the design architect, then confirmed
by Town staff.
12. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section
1701, the architect or engineer of record shall prepare an inspection program that
shall be submitted to the Building Official for approval prior to issuance of the
building permit. The Town Special Inspection form must be completely filled -out,
signed by all requested parties, and be blue -lined on the construction plans.
Special Inspection forms are available from the Building Division Service
Counter or online at www.los atg osca.gov/building
13. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town
standard Santa Clara County Valley Nonpoint Source Pollution Control Program
Sheet (or Clean Bay Sheet 2406) shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter
for a fee of $2 or at San Jose Blue Print for a fee.
14. PLANS: The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer. (Business and Professionals Code Section 5538)
15. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
A. Community Development — Planning Division: Sandy Baily at 354 -6873
B. Engineering /Parks & Public Works Department: Fletcher Parsons at 395-
3460
C. Santa Clara County Fire Department: (408) 378 -4010
D. Environmental Health Department: (408) 885 -4200
16. *ARCHAELOGICAL: In the event archaeological traces are encountered, all
construction within a 50 meter radius of the find shall be halted, the Director of
Community Development shall be notified and an archaeologist shall be retained
to examine the find and make appropriate recommendations.
17. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa
Clara County Coroner shall immediately be notified. The Coroner will determine
whether or not the remains were Native American. If the Coroner determines that
the remains are not subject to his or her authority, the Coroner shall notify the
Native American Heritage Commission, who would attempt to identify
descendants of the deceased Native American.
18. *ARCHAEOLOGICAL FIND: If the Director of Community Development
finds that the archaeological find is not a significant resource, work will resume
only after the submittal of a preliminary archaeological report and after provision
for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial will follow the
protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found
to be a significant archaeological site, a mitigation program must be prepared and
submitted to the Director of Community Development for consideration and
approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
19. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the
applicant's cost when a find is determined to be a significant archaeological site
and /or when Native American remains are found on the site. The final report
shall include background information on the completed work, a description and
list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
20. *LEAD -BASED PAINT: A state certified lead -based paint professional shall be
retained to perform a lead -based paint survey of the existing structures and the
recommendations of the professional shall be followed for abatement of any
identified lead -based paint prior to renovation of the structure.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21. 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.
22. 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.
23. 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.
24. CONSTRUCTION STREET PARKING: Any reservation of street parking shall
be coordinated with the Police Department. Contractors shall not use public
parking unless previously arranged through the Police and Engineering
Departments.
25. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed.
26. NPDES: On -site drainage systems shall include a filtration device such as a bio-
swale or permeable pavement.
27. 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.
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 developers 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. SIDEWALK REPAIR: The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing color, texture and design, and shall be
constructed per Town Standard Details. The limits of sidewalk repair will be
determined by the Engineering Construction Inspector during the construction
phase of the project.
30. CURB AND GUTTER: The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project.
New curb and gutter shall be constructed per Town Standard Details. The limits
of curb and gutter repair will be determined by the Engineering Construction
Inspector during the construction phase of the project.
31. 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.
32. 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.
33. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered
and area drains connected to the sanitary sewer system shall be provided.
Temporary trash enclosures are exempt from this condition.
34. GREASE TRAPS: Meet all requirement of the Santa Clara County Health
Department and West Valley Sanitation District for the interception, separation or
pretreatment of effluent.
35. 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.
36. 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.
37. TRUCKING and UNLOADING: Trucking and unloading shall be coordinated
with the Engineering inspector. Haul routes, temporary blocking of parking or
streets, and delivery times shall be coordinated with the Engineering inspector.
38. *GEOTECHNICAL INVESTIGATION: A geotechnical investigation shall be
conducted for this project to determine the potential for surface fault rupture on
the site. The geotechnicai study shall provide recommendations for site grading
as well as the design of foundations, retaining walls, concrete slab -on -grade
construction, excavation, drainage, on -site utility trenching and pavement
sections. The project shall incorporate all recommendations of the investigation
into project plans (not applicable since new buildings were not approved).
TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE
39. FIRE FLOW: Buildings requiring a fire flow in excess of 2,000 GPM shall be
protected throughout by an automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard 413.
40. PLAN SUBMITTAL: A State of California licensed fire protection contractor
shall submit plans, calculations, a completed permit application and appropriate
fees to this department for review and approval prior to beginning their work.
41. PREMISE IDENTIFICATION: Approved numbers or addresses shall be placed
on existing buildings in such a position as to be plainly visible and legible from
the street or road fronting the property. Numbers shall contrast with their
background.
*Required as a Mitigation Measure
N: \DEV \C0NDITNS\2008 \nsc 115.a&s.2.doc
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND -07 -10
Subdivision Application M -07 -005
General Plan Amendment GP -07 -01
Zone Change Z-07 -001
Architecture and Site Application S -07 -019
Conditional Use Permit U -07 -020
Variance Application V -07 -01
Requesting approval of 1) a lot tine adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R- 1D:LHP to C -2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C -2:LHP and R- 1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510 -17 -065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Division)
1. 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.
2. RESTAURANT USE: A high quality restaurant and full service bar is permitted
on the first floor and the basement.
3. HOURS: Maximum hours of operation for the inside restaurant and bar shall be
11 AM to 1 AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum
hours of operation for the outside seating area shall be the same except that
alcohol service shall not go past 11 PM Sunday through Thursday, except for
holidays and evenings before holidays.
4. SEATS. The maximum number of seats (inside and outside combined) shall not
exceed 141.
5. ALCOHOL SERVICE: The service of alcohol for the restaurant dining area
(inside and outside) is permitted only with meals. A meal is defined as a
combination of food items selected from a menu (breakfast, brunch, lunch, or
EXHIBIT B
dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals.
6. DELIVERIES: Deliveries shall be no earlier than 7:00 a.m.
7. PORCH AREA: No chairs shall be in the porch area.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Section)
GREASE TRAPS: Meet all requirements of the County Health Department and
West Valley Sanitation District for the interception, separation, or pretreatment of
effluent.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9. GENERAL: The restaurant is subject to the following:
a. 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.
b. 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.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non - alcoholic beverages for
designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
f. A restaurant employee shall seat patrons in the outside dining area.
N: \DEV\C0NDITNS\2008 \nsc1 I S xup.doc
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND -07 -10
Subdivision Application M -07 -005
General Plan Amendment GP -07 -01
Zone Change Z-07 -001
Architecture and Site Application S -07 -019
Conditional Use Permit U -07 -020
Variance Application V -07 -01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R- 1D:LHP to C -2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C -2:LHP and R- 1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510 -17 -065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO TI -IE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. APPROVAL. The approval of this application is contingent upon the adoption of
the General Plan amendment and the Zone Change for the lot area being adjusted.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Division)
2. CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line
Adjustment shall be recorded. Two copies of the legal description for each new
lot configuration, a plat map (8 -'/2 in. X 11 in.) and two copies of the legal
description of the land to be exchanged shall be submitted to the Engineering
Division of the Parks & Public Works Department for review and approval. The
submittal shall include closure calculations, title reports less than 90 days old and
the appropriate fee. The certificate shall be recorded before any permits may be
issued.
N: \DEV\C0NDITNS\2008 \nsc 115.11a.doc
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