Super Duper Burgers Conditional Use Permit Application 15991 Los Gatos Blvd.MEETING DATE: 03/03/15
ITEM NO: S
COUNCIL AGENDA REPORT
DATE: FEBRUARY 24, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-14-018. PROJECT
LOCATION: 15991 LOS GATOS BOULEVARD. PROPERTY OWNER: TOM
CONSUNJI, CHL VENTURES LP. APPLICANT: HANNAH WALBRIDGE,
SUPER DUPER BURGERS.
CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT FOR A
HIGH TURNOVER SIT DOWN RESTURANT (SUPER DUPER BURGERS)
WITH OUTDOOR SEATING AND BEER AND WINE SERVICE WITH
MEALS ON PROPERTY ZONED CH:PD. APN 529-65-028.
RECOMMENDATION:
Make the required findings (Attachment 1) and adopt a Resolution (Attachment 2) approving
Conditional Use Permit U-14-018 for a high turnover sit down restaurant (Super Duper Burgers)
with outdoor seating and beer and wine service with meals on property zoned CH:PD, subject to
conditions with modifications discussed in the following report.
ALTERNATIVES:
Altematively, the Council may:
• Adopt a resolution approving the application subject to modified or additional
conditions of approval, or
• Adopt a resolution remanding the project to the Planning Commission with specific
direction (Attachment 3), or
• Adopt a resolution denying the application (Attachment 4), or
• Continue the project to a date certain with specific direction.
PREPARED BY: LAUREL R. PREVETTI
Assistant Town Manager/Community Development Director
Oen*
Reviewed by:
Assistant Town Manager 9.48Town Attorney
Finance
N:\DEV\TC REPORTS \2015\LGB15991.docx Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15991 LOS GATOS BOULEVARD/U-14-018
February 24, 2015
BACKGROUND:
The proposed project would occupy a new commercial space located in Building 1 of the
recently completed Sandy Lane commercial center at the northwest comer of Blossom Hill Road
and Los Gatos Boulevard. The subject space is one of nine commercial spaces located on the
property.
The current Alcoholic Beverage Policy (ABP) (Attachment 8, Exhibit 6) was adopted by the
Town Council in September 2001. The purpose of the ABP is to provide parameters for alcoholic
beverage service and direction through a General Policy and a Specific Policy. Staff analyzed
the proposed Conditional Use Permit (CUP) against the ABP.
When reviewing a Conditional Use Permit (CUP), the deciding body should consider the
information in the applicant's business plan; however, the key consideration should be the
explicit proposed use since the business plan can change from owner to owner. The explicit use
may be, and is often, defined in the Recommended Conditions of Approval as a "use" condition.
The CUP runs with the land, and the deciding body should review applications based on the
explicit use, as opposed to the applicant or the applicant's business plan.
DISCUSSION:
A. Project Summary
The applicant is requesting approval to operate a 4,330-square foot, high turnover sit-down
restaurant with the sale of beer and wine with meals. A CUP is required for operation of a
new restaurant as well as alcohol service. The proposal includes a maximum of 65 seats, with
up to 15 of those seats located in an adjacent unenclosed outdoor patio area (Exhibit 8 of
Attachment 8). The applicant is proposing operating hours from 8:00 a.m. to 10:00 p.m.,
seven days a week. The restaurant would offer outdoor seating in a portion of the outdoor
patio located between the two buildings at the comer of Los Gatos Boulevard and Blossom
Hill Road. The applicant provided a letter of justification and a description of the business
(Exhibit 6 of Attachment 8) and development plans (Exhibit 6 of Attachment 8) describing
the proposal.
B. Planning Commission
On January 14, 2015, the Planning Commission considered the subject application. See
Attachment 9 for the Commission's full discussion.
The Planning Commission recommended approval of the CUP (six in favor and one
opposed). The Planning Commission recommendation included additional and modified
conditions shown below (new wording is underlined and deleted wording is ctrikethrough).
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MAYOR AND TOWN COUNCIL
SUBJECT: 15991 LOS GATOS BOULEVARD/U-14-018
February 24, 2015
6. SEATS: The maximum number of seats is 65 61 (50 46 indoors and 15 outdoors).
15. OUTDOOR SOUNDS: There shall be no outdoor music or outdoor mechanically
created noise or sound generated from the tenant space.
16. EXTERIOR MAINTENANCE: All exterior maintenance/work by the tenant's staff
such as cleaning, shall not occur between 10:00 p.m. to 8:00 a.m. to limit the noise
impacts.
These and other conditions are contained in Attachment 5. See below for additional
discussion.
C. Parking
The Planning Commission raised concerns that the total parking for the commercial center is
taking into account the 121 on -site commercial spaces and five parking space credits from
the residential portion of the Planned Development (Attachment 9).
The parking credit is not shared parking. Commercial users are not allowed to park on the
residential site. The overall parking for the Planned Development (PD) meets the 190 total
required of parking spaces for the residential and commercial uses. As approved in the PD,
the commercial site was short ten parking spaces; however, the residential portion of the
development had extra parking spaces that could be applied to the overall development. The
approved PD for this site supported this arrangement because one of the intended benefits of
mixed use development is to provide residents with commercial services within walking
distance of their homes. By locating the additional parking within the residential portion of
the development, the residents have more available guest parking spaces for use on a regular
basis (Attachment 6).
The 29,575-square foot commercial building requires 126 parking spaces per the Town's
commercial parking requirement (one space per 235 square feet). The approved PD and
Architecture and Site Application (A&S) include 121 parking spaces for the commercial
portion and the residential portion has ten more parking spaces than are required by the Town
Code. Per the proposed commercial tenant mix, 126 parking spaces can be satisfied with 121
commercial parking spaces and five of the ten parking space credits (Attachment 7).
Planning Commission recommended approval of the CUP with the modified condition #6
requiring the applicant (Super Duper Burgers) to reduce their number of seats by four,
thereby reducing the required onsite parking by one space (one parking space is required
every three seats). The Planning Commission discussed the possibility of reducing the
requested number of seats for a future CUP application (Pizza Studio) without considering
the residential parking credit that was approved through the site's PD and Architecture and
Site Applications. The Planning Commission expressed concerns that there would not be
adequate commercial parking on the site due to the parking credit.
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MAYOR AND TOWN COUNCIL
SUBJECT: 15991 LOS GATOS BOULEVARD/U-14-018
February 24, 2015
Planning Staff and the Town Attorney have reviewed the approved PD and Architecture and
Site Applications for the site with regard to the approved parking. With respect to Planning
Commission's concerns, staff and the Town Attorney find the parking credit was approved as
a part of the PD and Architecture and Site Applications. The PD Ordinance was adopted by
Council on June 20, 2011. The Architecture and Site Applications for the residential and
commercial sites were approved by Planning Commission on August 8, 2012. Therefore, the
proposed use (Super Duper Burgers) has adequate parking for 65 proposed seats.
Staff recommends that Council adopt the Planning Commission's recommended Conditions
of Approval with the exception of the total number of seats modification (Attachment 5).
Staff recommends changing Condition of Approval #6 of Attachment 5 to read:
6. SEATS: The maximum number of seats is 65 (50 indoors and 15 outdoors).
This condition is incorporated in Exhibit A, Attachment 2. If the Town Council finds merit to
keep the Planning Commission seating condition the Town Council should modify Exhibit A
with Attachment 5.
CONCLUSION:
The project would allow a CUP for a high turnover sit down restaurant (Super Duper Burgers)
with outdoor seating and beer and wine service with meals. The site has adequate parking to
accommodate the existing and proposed uses based on the approved Planned Development and
Architecture and Site applications. Per the proposed conditions, the delivery hours,
trash/recycling disposal hours and outdoor maintenance would be limited. The proposed use
would close by 10:00 p.m. The proposed application is in conformance with Town Code and is
supported by the General Plan.
The Alcoholic Beverage Policy gives the Council the discretion to approve alcoholic beverage
service when the proposal would not negatively affect residential neighbors, alcohol related
incidents would not occur, and when the application would provide a positive impact to the
commercial area. The majority of the Planning Commission found that this application meets
the aforementioned parameters and recommended approval of the application subject to the new
and modified conditions discussed above.
Additionally, if the deciding body believes there is merit, it can include as a condition of
approval a requirement that the CUP be reevaluated within one year or six months from
occupancy (i.e. the commencement of the use).
REVIEW: The Planning Commission shall review the application one year from final
occupancy to ensure the conditions imposed are mitigating potential impacts and/or to
ensure compliance. This review shall be noticed as a public hearing.
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MAYOR AND TOWN COUNCIL
SUBJECT: 15991 LOS GATOS BOULEVARD/U-14-018
February 24, 2015
ENVIRONMENTAL ASSESSMENT:
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were
adopted by the Town Council on June 6, 2011, for a mixed use development. No further
environmental analysis is required for this application.
FISCAL IMPACT:
None.
Attachments:
1. Required Findings
2. Resolution Approving the Conditional Use Permit, Exhibit A
3. Resolution Remanding the Conditional Use Permit to the Planning Commission
4. Resolution Denying the Conditional Use Permit
5. Conditions of Approval as Recommended by the Planning Commission
6. Mixed Use Planned Development Parking Summary
7. Sandy Lane Commercial Parking Analysis, February 17, 2015
8. Report to the Planning Commission for the meeting ofJanuary 14, 2015
9. Excerpt of the Planning Commission verbatim meeting minutes ofJanuary 14, 2015
Distribution:
cc: Super Duper Burgers c/o Hannah Walbridge, 1829 Union Street, San Francisco, CA 94123
CHL Ventures LP c/o Tom Consunji, 2882 Sandhill Road, Suite 241, Menlo Park, CA 94025
LRP:EW:cg
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