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Attachment 8 - Excerpt of the Planning Commission verbatim meeting minutes of January 14, 2015TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: January 14, 2015 PREPARED BY: APPLICATION NO.: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: APPLICATION SUMMARY: RECOMMENDATION: PROJECT DATA: CEQA: Erin M. Walters, Associate Planner ewalters@losgatosca.gov ITEM NO: 2 Conditional Use Permit Application U-14-018 15991 Los Gatos Boulevard (at the northwest comer of Blossom Hill Road and Los Gatos Boulevard) Hannah Walbridge, Super Duper Burgers Tom Consunji, CHL Ventures LP Requesting approval of a Conditional Use Permit 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. APN 529-65-028. DEEMED COMPLETE: December 9, 2014 FINAL DATE TO TAKE ACTION: June 9, 2015 Approval, subject to conditions. General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Size: Surrounding Area: Mixed Use Commercial Commercial Highway/Planned Development, CH:PD General Plan 2.04 acres Existing _Land Use North Office East Commercial South Commercial West . Residential General Plan Mixed Use Commercial Mixed Use Commercial Mixed Use Commercial Medium Density Residential Zoning 0 C-1 CH RM 5-12 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. =ATTACHMENT 8 Planning Commission Staff Report - Page 2 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 FINDINGS: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. ACTION: Forward Conditional Use Permit U-14-018 to the Town Council with a Recommendation of Approval. EXHIBITS: 1. Location Map 2. Required Findings (one page) 3. Recommended Conditions of Approval (three pages) 4. Letter of Justification and Description of the Business (three pages), received November 6, 2014 5. The Town's Standards for Outdoor Restaurant Seating (one page) 6. Resolution 2001-106 and the Town's 2001 Alcoholic Beverage Policy (ABP) (six pages) 7. Sandy Lane Trash Management Plan (three pages), received December 3, 2014 8. Development Plans (four pages), received December 9, 2014 BACKGROUND: On June 6, 2011, the Town Council considered a Planned Development (PD) application for a mixed use project including 30,700 square feet of commercial space and 25 residential units. The Council approved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and introduced the PD Ordinance. The PD Ordinance was adopted by Council on June 20, 2011. The subject commercial space will be located within the Sandy Lane commercial shopping center (the former Swanson Ford site) on the northwest corner of Los Gatos Boulevard and Blossom Hill Road. The commercial center is made up of two independent two story buildings which are nearing completion pending Fire Depaitment requirements and site improvements. There are currently three active tenant improvements in progress, a coffee shop in Building 1, a veterinarian hospital in Building 2, and a retail shop associated with the animal hospital in Building 2. On June 26, 2013, three Conditional Use Permit (CUP) applications were approved at the commercial site, including a veterinarian hospital, a bank and a restaurant (Philz Coffee). Staff has received two new Conditional Use Permit (CUP) applications for tenant spaces in the commercial complex. One CUP application will be reviewed at this meeting, a high turnover sit down restaurant with service of beer and wine with meals and outdoor dining (Super Duper Burgers). Another CUP application for a high turnover sit down restaurant (Pizza Studio) is incomplete at this time. All uses for this site have been evaluated with consideration of use compatibly, parking, traffic, and accessibility. Office, non -formula retail and personal service Planning Commission Staff Report - Page 3 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 uses are all allowed by right at this site. Formula retail of 6,000 square feet or greater would require a CUP. PROJECT DESCRIPTION: A. Conditional Use Permit 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 CUP requires a recommendation from the Planning Commission and final decision by the Town Council because the use involves the service of beer and wine with meals. 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). 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 corner of Los Gatos Boulevard and Blossom Hill Road. The applicant provided a letter of justification and description of the business (Exhibit 4) and development plans (Exhibit 8). When reviewing a 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. B. Location and Surrounding Neighborhood The project site is located on the northwest corner of Los Gatos Boulevard and Blossom Hill Road (Exhibit 1). The property is adjacent to a two story office building to the north. Commercial shopping centers are located to the east and south. Residential homes are located to the west. The proposed restaurant use would be located in the southeast tenant space of Building 1. C. Zoning Compliance The designated zoning for the property is Commercial Highway/Planned Development (CH:PD). The CH zone allows restaurant uses subject to the approval of a CUP. Outside dining and on premise alcohol sales associated with a restaurant also require a CUP. Planning Commission Staff Report - Page 4 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 ANALYSIS: A. Hours of Operation The applicant is proposing to operate a restaurant (Super Duper Burgers) with outdoor seating with the following hours, 8:00 a.m. to 10:00 p.m. seven days a week, as noted in the letter of justification (Exhibit 4). B. Outdoor Seating The applicant is proposing to place a three-foot wood and metal railing to delineate the outdoor eating area in the existing patio space located at the corner of Los Gatos Boulevard and Blossom Hill Road. The space will not be covered, and the patio will be seated and monitored by the restaurant hostess. The proposed seating layout is provided on the floor plan (Exhibit 8). In addition to the proposed outdoor seating for this use the existing patio has approved outdoor seating for the adjacent restaurant/coffee shop, approved through the CUP process in June 26, 2013. The proposed application meets all five of the Town's required Outdoor Restaurant Seating Standards (Exhibit 5). 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. The proposed seating is located on private property in an existing outdoor patio and the applicant has applied for 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. The proposed seating area is located in an existing outdoor patio. The patio wall and site landscaping provide an existing barrier between the public and private properties. The applicant has proposed a three-foot wood and metal railing to delineate the outdoor eating space. The applicant has proposed the design to keep with the architecture of the building and existing outdoor patio. Patrons will not be allowed to remove the alcoholic beverages from the designated seating area (Exhibit 8). Planning Commission Staff Report - Page 5 15991 Los Gatos Boulevard \U-14-018 January 14, 2015 3. When alcoholic beverages are permitted 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. The existing patio is approximately 30 feet from the public pedestrian way. In addition to the three-foot railing proposed to delineate the proposed outdoor eating space, there is an existing separation through the location of the ramp wall and landscaped area (Exhibit 8). 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. The existing patio is approximately 30 feet from the public right-of-way, therefore a hold harmless agreement is not required. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. The outdoor patio will be seated and monitored by restaurant employees. C. Alcoholic Beverage Policy (ABP) The Town's 2001 Alcoholic Beverage Policy (ABP) requires any new service of alcoholic beverages to be reviewed by Planning Commission (Exhibit 6). Under the Town Code, Commission will make a recommendation to the Town Council and the Council shall have final review authority. The proposed application meets the purpose, general policy, and specific policy of the Town's ABP. The existing Alcoholic Beverage Policy discourages entertainment establishments that serve alcoholic beverages. The Town is considering Town Code modifications to update the Alcoholic Beverage Policy and establish parameters for late night entertainment. Staff has included a condition of approval to allow entertainment consistent with Town Codes and policies, as amended (condition 8 of Exhibit 3). In other words, the applicant would need to comply with the applicable Town Codes and policies that are in effect when they consider the addition of entertainment without need a modification of the CUP. General Policy The ABP's General Policy contains eight requirements. Requirements 2 and 3 are not applicable to the subject application because the applicant is not proposing any entertainment. Planning Commission Staff Report - Page 6 15991 Los Gatos Boulevard\U-14-018 January 14,2015 Requirement No. 1 states "the Town shall continue to strongly discourage new applications for standalone bars or restaurants with separate bars." The proposal does not include a separate bar. Requirement No. 4 does not permit alcoholic beverage service after 11:00 p.m. Sunday through Thursday, except for holidays and evenings before holidays, or after 1:00 a.m. Friday, Saturday, holidays, and evenings before holidays. The applicant is proposing to close at 10:00 p.m. Requirement No. 5 states an establishment serving alcoholic beverages is subject to five provisions related to alcohol service. The provisions are included as conditions of approval. Requirement No. 6 requires the deciding body to make specific findings to approve an application to serve alcoholic beverages after 10:00 p.m. The applicant is proposing to close at 10:00 p.m. Requirement No. 7 defines a meal as "a combination of food items selected from menu." The restaurant, as conditioned, would be required to provide meal service with alcoholic beverages. Requirement No. 8 allows alcohol beverage service in an outdoor seating area if adequate separation from public areas is provided. The applicant is proposing a delineated and enclosed outdoor seating area on an existing patio for the restaurant that meets the Town's required Outdoor Restaurant Seating Standards. Specific Policy The Specific Policy has two requirements that address alcoholic beverage service at restaurants. The first states "alcoholic beverages may only be served with meals." The second requirement states that "meal service shall be available until closing." The restaurant, as conditioned, would be required to provide meal service with alcoholic beverages and meal service will be available until closing. D. Police Department Comments The Police Department has reviewed the proposal and find the proposed restaurant acceptable. Planning Commission Staff Report - Page 7 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 E. Parking and Number of Seats The subject site has 121 onsite parking spaces and 7 shared parking spaces on the adjacent residential property per the PD Ordinance adopted by Council on June 20, 2011. Section 29.10.150 (c)(15) of the Town Code requires restaurants to provide one parking space for every three (3) seats provided. The applicant has proposed 65 on -site seats (combined indoor and outdoor seating). These limitations are included as a condition of approval (Exhibit 3). The proposed use would require a total of 22 parking spaces. The site currently provides more than the required number of parking spaces for the proposed uses (128; see parking table below). 3 F s _ sa'F y- �'z'. rpS�,- .i °i, ):b �� fljr{ l.�c'.. >' ,?r',•� 4 'ha♦' : . z ri war a s:'" m.4.fS Y ! eq ;< r rk g 15965 Los Gatos Boulevard Suite 100, 1st Floor Adobe Animal Hospital Approved Medical Office 6,073 4 24.3 Suite 102, 18' Floor Adobe Animal Marketplace Approved Retail 3,057 13 Suite 200,2" Floor Vacant Office 4,152 24 Suite x, 2" Floor Vacant Medical Office 1,500 1 6 15991 Los Gatos Boulevard Super Duper Burger Proposed CUP Restaurant w/ Outdoor Dining Area, Beer and Wine 4,334 65 max 22 681 Blossom Hill Road Suite 102 Philz. Coffee Approved Restaurant w/ Outdoor Dining Area 1,611 12 max 4 Suite 100 Pizza Restaurant Pending CUP Restaurant 2,109 30 max 10 Planning Commission Staff Report - Page 8 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 nSvt-'t`�J�®8lr E{ I' €9tl>I lt�i3 t%d 2F . 0a �B �'•R 1 £. I. 663 Blossom Hill Road Suite 100, 1s' Floor Chase Approved CUP Bank with Outdoor ATM 3,366 14.32 Suite 200, 2nd Floor Vacant Office 3,373 14.35 �-fFv n t .* �:c,4'v„a"'t-'. ^`3u� "'w='w` b":; *.�5 ,�,..£� `s%✓ '"^r^ ....w,x,.e,J^. '4kd}^#� �"N�g¢Z' r Total Provided 128 121 (on -site) + 7 (shared with res.) Medical offices per Section 29.10.150 (c)(8) of the Town Code are required to provide one parking space 250 square feet of gross floor area or six spaces per doctor; whichever is more restrictive. Retail and commercial stores and shops per Section 29.10.150 (c)(9) of the Town Code are required to provide one parking space for each 235 square feet of gross floor area. Public eating establishments (restaurants) per Section 29.10.150 (c)(15) of the Town Code are required to provide one parking space for every three seats provided. Business and professional offices, banks, and financial intuitions per Section 29.10.150 (c)(10) of the Town Code are required to provide one parking space for 235 square feet of gross floor area. Traffic The approved Planned Development included a high turnover sit-down restaurant use and therefore, no additional traffic analysis is required. Traffic Impact Mitigation Fees have been paid in full when the applicant submitted the building permit application. Future modification of the mix of uses may require additional traffic analysis. G. Floor Plan The building's existing windows have created a challenge in laying out the restaurant floor plan while maintaining visibility through the windows at each building elevation. The applicant has made multiple revisions to the floor plan working with the window locations Planning Commission Staff Report - Page 9 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 and the components of the restaurant which include seating area; kitchen area, storage areas, and bathrooms while at the same time meeting Health Department and Building Code requirements. The applicant has proposed a floor plan that maintains all existing windows unblocked, untinted, or obstructed. A hallway area is visible from the two windows located along the Los Gatos Boulevard elevation. The applicant has proposed custom artwork to be installed on the hallway wall. A condition of approval has been included, requiring the Director of Community Development to approve the final artwork (Exhibit 3). The artwork shall not include any signage or images that are literal to the sales of any products sold on -site or off -site. The hallway is to be free and clear from all storage including boxes, products, furniture, highchairs, or other items. Healthy potted plants may be located in the hallway area. H. Trash Management Plan In order to adequately accommodate the volume of waste generated by the approved and the proposed commercial and office uses at the Sandy Lane commercial center, the property owner and West Valley Sanitation have prepared and agreed upon a trash management plan for the center. The trash management plan outlines number, size, and layout of dumpsters to be located within the two trash rooms in each building on -site. The management plan calls for the dumpsters to be serviced six times a week. Building 1 will generate more materials than Building 2 due to the proposed restaurant uses. Building 1 tenants will be able to bring excess materials to the Building 2 trash room. The future office tenants located on the second floors of Building 1 and 2 will have janitorial services that will carry waste material off -site per the property owner. A condition of approval has been included that requires the property owner and the applicant to comply with the Sandy Lane Trash Management Plan prepared by American Trash Management on December I, 2014 (Exhibit 7). Future uses at the commercial center will need to comply with the trash management plan. I. Conditional Use Permit In order to grant approval of a CUP, deciding body must make the following findings for the use: (1) The proposed use of the property is essential or desirable to the public convenience or welfare; and (2) The proposed use will not impair the integrity and character of the zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. Planning Commission Staff Report - Page 10 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 In regards to the first finding, the proposed use is desirable to public convenience in that it provides a restaurant service to Los Gatos residents. As required by finding two, the proposed use would not impair the integrity of the zone, in that the proposed use is a commercial service use and would be located in a commercial zone. In regards to the third finding, the use would not be detrimental to public health, safety or general welfare, and the conditions regarding number of seats, operating hours, service of alcoholic beverages with meals, and delivery times placed on the permit will mitigate potential impacts. In regards to the final finding, the proposed use is in harmony with the General Plan and Town Code. J. General Plan The goals and policies of the 2020 General Plan applicable to this project include but are not limited to: • 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. • Policy LU-12.2 — Encourage a mix of uses along Los Gatos Boulevard, including, where appropriate, mixed -use parcels that are compatible with surrounding uses. • Policy LU-13.2 — Commercial activity along Los Gatos Boulevard shall complement the whole Town and shall provide a dependable source of income, employment opportunities, goods and services. • Policy LU-13.4 — New development along Los Gatos Boulevard shall be designed to minimize adverse impacts on adjacent residential areas. • Policy TRA-13.3 — Require adequate parking in commercial areas so as not to impact or affect adjacent residential properties. K. Environmental Review 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. PUBLIC COMMENTS: Written notice was provided to residents and property owners within 300 feet of the project site. At this time, the Town has not received any public comment. Planning Commission Staff Report - Page 11 15991 Los Gatos Boulevard\U-14-018 January 14, 2015 CONCLUSION AND RECOMMENDATION: A. Conclusion Staff has recommended conditions of approval regarding the number of maximum seats, delivery, and operating hours. There would be no traffic or parking impacts as a result of this project. The proposed use will provide a restaurant and outdoor eating experience for the residents of Los Gatos. The proposed use is in conformance with Town Code and is consistent with the General Plan. B. Recommendation If the Planning Commission finds merit with the proposed use, it should take the following actions to recommend that the Town Council approve the Conditional Use Permit application: 1. No further environmental analysis is required for this application because 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 (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. Recommend approval of Conditional Use Permit application U-14-018 to the Town Council with the conditions contained in Exhibit 3. If the Commission has concerns with the proposed use, it can: 1. Recommend that the Town Council approve the application with additional and/or modified conditions of approval; or 2. Recommend that the Town Council deny the application. Prepared by: Erin M. Walters Associate Planner Owe &sr Approved by: Laurel R. Prevetti Assistant Town Manager/Community Development Director LRP:EW:cg cc: Super Duper Burgers c/o Hannah Walbridge, 1829 Union Street, San Francisco, CA 94123 CHL Ventures LP c/o Tom Consunji, 203 Redwood Shores Prlcwy., Ste.200, Redwood City, CA 94065 N:\DEV\PC REPORTS\2015\LGB 15991 - SuperDupe,CUP.docx This Page Intentionally Left .Blank 15991 Los Gatos Boulevard EXIDII 1 1/14/15 PC Report This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 15991 Los Gatos Boulevard Conditional Use Permit Application U-14-018 Requesting approval of a Conditional Use Permit 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. APN: 529-65-028 PROPERTY OWNER: Tom Consunli, CHL Ventures LP APPLICANT: Hannah Walbridge, Super Duper Burgers Required finding for CEQA: n No further environmental analysis is required for this application because 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. Required findings for a Conditional Use Permit: FINDINGS ® As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: (a) 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 use of the property is essential or desirable to the public convenience or welfare in that the use provides a restaurant service to the Los Gatos residents; and (2) The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone; and (3) The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the staff report. N1DE V\FINDINGS\2015\LGB 15991.doc EXHIBIT 2 1/14/15 PC Report This Page Intentionally Left Blank CONDITIONS OF APPROVAL — January 14, 2015 15991 Los Gatos Boulevard Conditional Use Permit U-14-018 Requesting approval of a Conditional Use Permit 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. APN 529-65-028 PROPERTY OWNER: Tom Consunji, CHL Ventures, LP APPLICANT: Hannah Walbridge, Super Duper Burgers 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 December 9, 2014. 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: 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. 5. HOURS OF OPERATION: Hours of operation are limited to 8:00 a.m. to 10:00 p.m., daily. 6. SEATS: The maximum number of seats is 65 (50 indoors and 15 outdoors). 7. 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. 8. LIVE ENTERTAINMENT: Live entertainment must be consistent with Town Codes and policies, as amended. 9. OUTDOOR UMBRELLAS: Outdoor umbrellas shall not have any writing, logos or emblems. • 10. OUTDOOR PATIO: Any changes to the outdoor patio shall be approved by the Director of Community Development. 11. PORTER: A porter shall be available at all times to maintain the patio area. 12. STORAGE: Storage of outdoor furniture shall be located out of site from the street. 13. RECYCLABLE MATERIALS: The restaurant shall utilize recycled products whenever such a product is available. 14. DELIVERIES: Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not be made from Blossom Hill Road or Los Gatos Boulevard. EXEMIT g' 1/14/15 PC Report 15. 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. 16. WINDOWS ALONG LOS GATOS BOULVARD ELEVATION: The windows along the Los Gatos Boulevard building elevation shall remain unobstructed, unblocked and un- tinted. The Director of Community Development shall approve any artwork or design . element proposed to be located on the hallway wall and visible from Los Gatos Boulevard and approved prior to issuance of building permits. The artwork shall not include any signage or images that are literal to the sales of any product sold on -site or off -site. The hallway is to be free and clear of all storage including boxes, products, furniture, highchairs or other items. Healthy, well cared for potted plants may be located in the hallway area. 17. 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. 18. TRASH MANAGEMENT PLAN: The property owner and applicant shall comply with the Sandy Lane Trash Management Plan prepared by American Trash Management on December 1, 2014. The Trash Management Plan may be adjusted as tenant uses and waste volumes change within the commercial center. 19. 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. 20. 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. 21. 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. 22. 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 23. PERMITS REQUIRED: A Building Permit shall be required for the alterations to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 24. 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. 25. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36". 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. 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. 27. TITLE 24 — RESTAURANT USE: Proper size grease trap may be required for any restaurant use. The following agencies will review the grease trap requirements as well as other food service requirements and approvals before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378-2407 b. San Jose/Santa Clara Environmental Services Department: (408) 945-5300 c. Santa Clara County Envirommental Health Department: (408) 918-3400 d. Town Public Works Department: (408) 399-7570 28. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Erin Walters (408) 354-6867 b. Santa Clara County Fire Department: (408) 378-4010 c. County Environmental Health Department: (408) 918-3400 TO THE SATISFACTION OF THE CHIEF OF POLICE: 29. 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. 30. 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. 31. 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. 32. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. 33. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be posted in a visible Location. N: \DEV \CONDITIONS\2015\LGB 15991.docx This Page Intentionally Left Blank 1829 Union 5 reet — San Francisco, CA 94123 Letter of Justification Super Duper Burgers 15991 Los Gatos Blvd. Conditional Use Permit U-14-018 RECEIVED NOV, Q.S, 2014 TOWN Of LOS GATOS PLANNING DIVISION 10('iiir ®is Description of Proposed Use: • Type of Use — High Turnover Restaurant serving burgers, chicken sandwiches, fries, shakes, soft serve, beer and wine • Seating — 50 indoor, 15 outdoor • Hours of Operation — 7 days a week, 8:00 AM — 10:00 PM • Number of Employees —10-12 maximum at one time • Shift Detail-2 shifts daily • Service — Order at counter, meal picked up at service counter when number called or pager buzzed • Parking —The center has provided Super Duper with the required 22 parking spaces required for the 65 dining seats proposed for the restaurant use. • Trash and Recycling —To be picked up at a minimum of 3 times per a week, more if necessary Community Benefit: The Los Gatos Community values quality and innovation —two things that we are no stranger to. Super was named #19 on Eater SF's 2014 list of the 38 Essential San Francisco Restaurants— for the third year in a row. It also earned, for the second year in a row, the Reader's Choice award in SF Weekly for 'Best Burger'. The simple, straight -forward fare conveys a nostalgia for the classic, American burger restaurant. But more importantly, we have modernized and elevated the overall guest experience with emphasis on local fresh (slow -food) ingredients, a clean and contemporary atmosphere, and the extra perk of being able to enjoy a glass of wine or beer with the meal. We also make a conscious effort to protect the environment and use all compostable packaging and recycle our cooking oils for biofuel. We offer the community an ideal eating establishment that operates in line with the Town of Los Gatos' affinity for a higher quality, more eco-conscience dining out experience. Alcoholic Beverage License: We will obtain a Type 41 On -Sale Beer and Wine for Bona Fide Public Eating Place License from the Department of Alcoholic Beverage Control. We will adhere to all of the regulations and conditions set forth on this license by ABC and. The Town of Los Gatos. All beer and wine will be kept behind the front counter and served by employees 18 years or older who have been trained to do so. We specifically outline policies and procedures on how to sell beer and wine in our employee handbook and on the training checklist, and only hire employees 18 years or older who are allowed by law to serve beer and wine. All of our back up stock will be locked up in the office before being used for service. Patrons 21 years or older will only be allowed to consume alcohol within the Super Duper premises —the indoor dining room and the delineated patio area, both inspected and approved by the Town of Los Gatos and ABC prior to issuance of the license. The restaurant will only be open until 10 PM and beer and wine will only be served as an accompaniment to food. Please refer to our review of the Town Policy Regulating the Consumption of Alcoholic Beverages for more detail. Outdoor Restaurant Seating: For the outdoor seating area we propose a wood and metal railing that would delineate our space from our neighboring tenants. See CUP floor plan with detail. We propose a railing because we have an exit door that lets out onto our patio so we need to have a gate with panic hardware for emergency exit from the enclosed area. We also want to keep the feel light and airy since there is already a large stucco wall bordering the whole patio that will have plantings along it. The design will be compliant and of standard with that of the overall development. Patrons will not be allow to remove IT 4 1/14/15 PC Report SUPER DUPER 1829 Union Street— San Francisco, CA 94123 RECEIVED NOV 062014 TOWN OF LOS GATOS PLANNING DIVISION u- u4 -O/6 Description of Business Super Duper Burger is a San Francisco and Bay Area business that started in 2010. Two Chefs, Adriano Paganini and Edmondo Sarti, combined their love for the American hamburger and their passion for good, fresh local ingredients to create a unique fast-food experience. Super Duper's burgers, fries, and shakes are all made with the best ingredients available. Daily ground 100% Niman Ranch all natural beef is at the core of this burger's success! The shakes and cones are made with organic Straus cream from Petaluma, and the cookies are baked daily in-house. Super Duper also uses free-range chicken, provides a delicious and organic vegetarian burger option, and makes its own spicy pickles! At Super, service is simple. Patrons place their order at a counter and stock up on beverages and condiments as the food is cooked to order. Guests enjoy their meals either in a dining room or outdoor patio typically adorned with warm live - edge wood counters and tables, brick walls, rustic black steel accents, white subway tiled walls, and classic Tolix chairs. All of Super Duper's seven Bay Area locations have a loyal following. Super was named #19 on Eater SF's 2014 list of the 38 Essential San Francisco Restaurants. It also earned, for the second year in a row, the Reader's Choice award in SF Weekly for 'Best Burger'. The simple, straight -forward fare conveys a nostalgia for the classic, American fast-food burger restaurant. But more importantly, Super Duper has modernized and elevated the overall guest experience with emphasis on ingredients, a clean and contemporary decor, and the extra perk of being able to enjoy a glass of wine or beer with the meal! Of course, with a focus on doing all things right and well, Super Duper also makes a conscious effort to protect the environment and uses all compostable packaging and recycles its cooking oils for biofuel. For this and the many reasons described, the end result is far more than a typical burger spot. In fact, it's Super Duper. Seating Interior — 50 Exterior —15 Maximum Number of Employees at one time 10-12 Proposed Hours of Operation 8:00 AM —10:00 PM Daily When and Where Deliveries Occur Deliveries shall occur between 9:00 a.m. and 4:00 p.m. Deliveries shall not be made from Blossom Hill Road or Los Gatos Boulevard. 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. Alcoholic Beverage License We will obtain a Type 41 On -Sale Beer and Wine for Bona Fide Public Eating Place License from the Department of Alcoholic Beverage Control. We will adhere to all of the regulations and conditions set forth on this license by ABC and The City of Los Gatos. All beer and wine will be kept behind the front counter and served by employees 18 years or older who have been trained to do so. All of our back up stock will be locked up in the office before being used for service. Patrons 21 years or older will only be allowed to consume alcohol within the Super Duper premises — indoor dining room and delineated patio are previously inspected and approved by ABC. Thank you, Edmondo Sarti, Owner edmondo@superdupersf.com 415.652.4012 1829 Union Street — San Francisco, CA 94123 Review of Town Policy Regulating the Consumption of Alcoholic Beverages Super Duper Burgers 15991 Los Gatos Blvd. Conditional Use Permit U-14-018 RECEIVED OCT 1'4 2014 TOWN OF LOS GATOS PLANNING DIVISION u-/4- 01S General Policy 1. Super Duper is not a bar and we do not have a standalone bar. We serve beer and wine as an accompaniment to our food 2. We are not an entertainment establishment 3. We do not offer any entertainment — we are strictly an eating establishment 4. We are only open until 10 PM — 7 days a week II. Specific Policy 1. We are a restaurant that only serves beer and wine with meals 2. We do not have a separate bar— n/a III. Enforcement 1. We understand that the Town has the right to take action, revoke, deny the license should there be any issues with complaints, public disturbance, etc. 2. We have proper procedures for the sale of alcoholic beverages outlined in our employee handbook well as part of our new trainee checklist 3. We close at 10 PM — late night guidelines do not apply 4. We have no history of complaint on any of our other location licenses 5. Refer to Letter of Justification for what we believe the benefit to the community is 6. The definition of a meal is noted 7. Our patio will be enclosed with a railing clearly defining the delineation of where alcohol may and may not be consumed. Refer to CUP floor plan for detail This Page Intentionally Left Blank STANDARDS FOR OUTDOOR RESTAURANT 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 compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted 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. sys82\a: \misc\outdoor.std EXHIBIT 5 1/14/15 PC Report This Page Intentionally Left Blank RESOLUTION 2001 -106 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN. OF LOS GATOS AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents; and WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage service and protection of residential neighborhoods with the goal of maintaining a vibrant and successful Downtown and commercial areas throughout Los Gatos; and WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues relating to service of alcoholic beverages; and WHEREAS, the Town Council has indicated a desire to review all applications for new alcohol service or change in existing service, and a need to amend the existing Alcohol Policy, THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A. Eh1T 6 1/14/15 PC Report PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day of September, 2001, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: Al LEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA YORHE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 POLICY REGULATING THE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES L Purpose The consumption or service of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents. This policy provides parameters for alcoholic beverage service, particularly addressing late night service when alcohol related incidents are most likely to occur and when the disturbances to Town residents is least tolerable. The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary privilege to be determined on a case by case basis. The following provisions are intended to balance the protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial centers in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or schools, the concentration of establishments in an area serving alcoholic beverages or for other reasons that may arise at the public hearing. The deciding body may approve a conditional use permit to serve alcoholic beverages based on the merits of the application and subject to the following requirements: II. General policy 1. The Town shall continue to strongly discourage new applications for stand alone bars or restaurants with separate bars. 2. The Town shall continue to discourage applications for entertainment establishments serving alcoholic. beverages. 3 Entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process are adopted. 4• Alcoholic beverage service for new conditional use permit applications or applications for modification of a conditional use permit shall not be allowed: A After 11 PM Sunday through Thursday, except for holidays and evenings before holidays. B. After 1 AM Friday, Saturday, holidays or evenings before holidays. An existing establishment with a conditional use permit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. EXHIBIT A Town of Los Gatos Alcoholic Beverage Policy Page 2of4 5. Any establishment serving alcoholic beverages shall be 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 Californian 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. 6. The deciding body shall make the following findings prior to approving an application for conditional use permit to serve alcoholic beverages past 10PM: A. Late night service will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C. The applicant has demonstrated a clear benefit to the community. 7. A meal is defined as a combination of food items selected from a menu (breakfast, lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc (hot or cold) are not meals. 8. Alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town Manager. The separation shall clearly suggest that alcohol is not allowed outside the restaurant seating area. Town of Los Gatos Alcoholic Beverage Policy Page 3 of 4 DI Specific Policy 1. Restaurants: Alcoholic beverages may only be served with meals. 2. Restaurants With Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service. Meal service shall be available until closing or 11 PM Sunday through Thursday and until 12 midnight Friday, Saturday, holidays and evenings before holidays, whichever is earlier, if late night bar service is available. Specific hours of operation for each establishment are determined upon issuance of a conditional use permit. IV. Review Process l . Proposals for new bars or restaurants with bars and all requests for new alcohol service or a change to existing service shall be reviewed by the Planning Commission. The Commission will make a recommendation to the Town Council and the Council shall have final review authority. Z• Changes in ownership for businesses involving service of alcoholic beverages shall be reviewed by the Community Development Department. The following process will be followed: a. The Director of Community Development shall contact the new business owner to make them aware of the conditions of approval attached to the Use Permit for the location. b. One year following issuance of a business license, surrounding/impacted property owners shall be notified and any comments regarding the operation of the business shall be solicited. c. If the Director of Community Development becomes aware of any alcohol related impacts on the surrounding neighborhood, the Director shall review the operation of the business to determine whether there is a violation of the use permit. Town of Los Gatos Alcoholic Beverage Policy Page 4 of 4 d. If there are violations of the use permit that have not been voluntarily corrected by the business owner the matter will be forwarded to the Planning Commission for public hearing pursuant to Section 29.20.310 of the Zoning Ordinance. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning Commission may revoke or modify the conditional use permit if it finds that sufficient grounds exist. e. IV. Enforcement All conditional use permits issued to establishments for alcoholic beverage service on -site shall be subject to Section 29.30:310(b) of the Town Code authorizing the Town Manager to take enforcement action if it is determined that the sale of alcohol has become a nuisance to the Town's public health, safety or welfare. Enforcement of section 29.20.310(b) of the Town Code will be based on, but not limited to, the following factors: I. The number and types of calls for service at or near the establishment which that are a direct result of patrons actions; II The number of complaints received from residents ad other citizens concerning the operation of an establishment; III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; N. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; V. Violation of conditions of approval related to alcoholic beverage service. The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains the right of review and approval (or denial) of each project based on its merits. NADEASUZANIZECiacolld Policyk200Wcobot.dieY.APd 1900 Powell Street, Suite 890 Emeryville, CA 94608 (800) 488-7274 Toll Free USA/Canada (415)292-5400 Arnerican (415) 292-5410 Fax wwwtrashmanage.com info@trashmanage corn RECEIVED DEC 03 2014 TOWN OF LOS GATOS PLANNING DIVISION Sandy Lane Los Gatos, CA Trash Management Plan Goal: Project waste and recycling service levels for this retail and office development in Los Gatos, CA. Waste and Recycling: The City of Los Gatos has granted an exclusive franchise for waste and recycling removal to West Valley Collection and Recycling. West Valley provides waste hauling, single stream recycling (comingled) and green waste services. State and Local Recycling Mandates: Statewide the passage ofAB341 (July 1st, 2012) required all business that generate more than 4 cubic yards of municipal solid waste to recycle, and directed local jurisdictions to implement recycling regulations and programs. Current flash Rooms. The size of the trash room in each building is 8' 8" x 8' 8". Waste and Recycling Volume Projections: Sandy Lane will consist of two separte buildings of similar size. Building 1 will have a Chase bank (modest waste generator) and three cafe/restaurants, Super Duper, Pizza Studio and PhilZ. There is a small amount of office space on the second floor. Building 2's tenants — a pet hospital and store on the first floor and ,offices on the second -- will all be minimal trash generators. Projected Waste and Recycling Levels: Standard Retail Tenants. CalRecycle research (Waste Disposal and Diversion Findings for Selected Industry Groups, 2006) estimated 1,998 Ib. of materials generated per year per 1000 square feet of space. Much of this is divertable, although office rates of diversion remain low. For the purposes of this analysis, it will be assumed that 35% of the materials will be diverted. This reflects the high percentage of potentially recyclable materials in the trash stream (61%) Small non-food retailers geneate 9 lb. of materials per day per 1000 SF. Again, given the high percentage of potential recyclables (83%), a 35% recycling rate is used. Projected Waste and Recycling Levels: Small Restaurants and Cafes. CalRecycle research (Waste Disposal and Diversion Findings for Selected Industry Groups, 2006), estimates restaurants generate 6532 Ib. of waste per employee per year. As this is a small -sized Super Dupers, we will use 25 employees for this analysis. Trash for Pizza Studio will be projected using 40% of Super Duper's volume to reflect 40% seating capacity.. Projections for Philz, with a far more limited menu, are 25% of Super Duper's. This represents all materials: waste and recyclables Using the information above, the following are projected waste and recycling levels for the whole complex: Offices (2 Buildings) & Bank Non-food businesses Pizza Studio Phi17 Super Duper 0 American Trash Management, Inc. 552 572 3.4 3.6 1,255 7.8 785 4.9 3,138 19.6 Total 39.4 Page 1 of' 3 2.4 2.5 5.5 3.4 13.7 27.6 EXHIBIT 7 1/14/15 PC Report Monday, December 1, 2014 AMOritasin Things Manageraetet 1900 Powell Street, Suite 890 Emeryville, CA 94608 (800) 488-7274 Toll Free USA/Canada (415) 292-5400 (415) 292-5410 Fax www irashmanage com infnQtrashm anag e-enm Trash System. Given the size of the trash rooms, it is recommended that a 4-cubic yard dumpster for waste and 3- cubic yard dumpster for recycling be placed in each trash room. These will be serviced 6 days per week and available to all tenants. Because there will be significantly more materials generated in Building 1 (with the three restaurants) it is essential that tenants in Building 1 be able to bring excess materials to Building 2. Using dumpsters of this size should provide adequate capacity for the tenants in both buildings. Mixed Recycling (2) 3 cubic yards 36 -2.6 -8% Accessing the dumpsters. All dumpsters are the same width (80"). Differences in capacity are reflected in the depth of the dumpster, 50" for a 4-CY bin and 42" for a 3-CY container. Therefore, loading the second dumpster in an 8'8" trash room may be difficult because there is only 12" of space between dumpsters. (The 4-CY dumpster can be set on the outer edge of the trash room near the rollup door, allowing it to easily loaded when the rollup door is open.) As shown in the layout below, the front bin will be postioned against one wall, while the rear dumpster will be set against the opposite side. That creates a 2` "path" to the rear dumpster, which provides partial access. Projected Waste Service and West Valley Collection and Recycling. West Valley Collection and Recycling, the franchised hauler, has reviewed the projections and services included in this trash management plan. The capacity levels are consistent with West Valley's projections and they will move the dumpsters out of the trash room to be picked up. C American Trash Management, Inc. Page 2 of 3 Thursday, November 13, 2014 American Trash 1900 Powell Street, Suite 890 Emeryville, CA 94608 (800) 488-7274 Toll Free USA/Canada (415) 292-5400 (415) 292-5410 Fax tr_h nc Inf4adshmana com TRASH ROolil LAYOUTS These drawing are for presentation purposes only. Given the tightness of the trash rooms, final detailed architectural drawings showing all equipment should be provided and included in a final Trash Management Plan. Sandy Lane TRASH ROOM (1) 4-CY Co talner for W ste (1) 3-CY Cont finer for Recfrcling 3.509 6.501 ©American Trash Management, Inc. 4.032 8.810 -r- 8.737 Page 3 of 3 Monday, December I, 2014 This Page Intentionally Left Blank