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326 N. Santa Cruz Ave - Staff Report and Exhibits 1-5 PREPARED BY: AZHAR KHAN Assistant Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT MEETING DATE: 03/14/2018 ITEM NO: 3 DATE: MARCH 6, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-17-009. PROJECT LOCATION: 326 N. SANTA CRUZ AVENUE. PROPERTY OWNER: TAYCON PROPERTIES TWO, LLC. APPLICANT: JINGXI STAYANOFF. REQUESTING APPROVAL FOR A MINOR RESTAURANT (GLAZIER) ON PROPERTY ZONED C-2. APN 529-04-039. DEEMED COMPLETE: FEBRUARY 7, 2018 FINAL DATE TO TAKE ACTION: AUGUST 7, 2018 RECOMMENDATION: Approval, subject to the recommended conditions of approval. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: Central Business District, C-2 Applicable Plans & Standards: General Plan Parcel Size: 3,230 square feet Surrounding Area: Existing Land Use General Plan Zoning North Commercial Central Business District C-2 East Commercial Central Business District C-2 South Commercial Central Business District C-2 West Commercial Central Business District C-2 PAGE 2 OF 6 SUBJECT: 326 N. SANTA CRUZ AVENUE/U-17-009 MARCH 6, 2018 N:\DEV\PC REPORTS\2018\NSC 326-CUP - Glazier.docx 3/9/2018 12:42 PM CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. FINDINGS: ▪ As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing Facilities. ▪ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The proposed project would occupy a commercial space that was last occupied by a retail stationery store (Out of the Envelope), but has been vacant for four months. The subject space is one of four commercial suites located on the property. The applicant is requesting approval of a CUP for a minor restaurant (Glazier) in the 775-square foot space. DISCUSSION: A. Location and Surrounding Neighborhood The project is located at 326 N. Santa Cruz Avenue, on the east side of N. Santa Cruz Avenue, between Los Gatos-Saratoga Road and Bachman Avenue (Exhibit 1). Adjacent properties and those directly across the street are located in the C-2 zone and are developed with commercial buildings. B. Conditional Use Permit The applicant is requesting approval of a minor restaurant for the sale of ice cream (Glazier) in the tenant space that was previously occupied by a retail stationery store (Out of the Envelope). The hours of operation would be: Sunday to Friday, 10:30 a.m. to 11:00 p.m.; PAGE 3 OF 6 SUBJECT: 326 N. SANTA CRUZ AVENUE/U-17-009 MARCH 6, 2018 N:\DEV\PC REPORTS\2018\NSC 326-CUP - Glazier.docx 3/9/2018 12:42 PM and Saturday 10:30 a.m. to 12:00 a.m. The applicant has provided a letter of justification which includes a description of their business plan (Exhibit 4). 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. C. Zoning Compliance The proposed business is a restaurant use because it is a retail food service establishment in which food or beverages are prepared, served, and sold to customers for on-site or take out consumption. The proposed business falls under the minor restaurant use because it provides less than 25 seats; serves no alcoholic beverages; proposes no significant exterior changes that would alter the architectural character of the building; and provides a net increase of less than five peak hour traffic trips (Town Code Sec. 29.10.020). Pursuant to the Table of Conditional Uses (Town Code Sec. 29.20.185), a restaurant use is allowed with a CUP in the C-2 zone. Pursuant to Town Code section 29.20.750, the Planning Commission is the decision-making body for minor restaurants proposed to be located in the C-2 zone. D. Restaurant Uses in the Downtown Area In 1996, the Town Council adopted Ordinance 2021 that is “intended to discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public hearing process.” While the application would be replacing a former retail use, the proposed improvements would not restrict a retail use from easily occupying the space in the future. The Commission should carefully consider the potential impact of the conversion of this space in the downtown. ANALYSIS: A. Project Summary The proposed minor restaurant (Glazier) would occupy a 775-square foot commercial space within an existing commercial building. The business would be serving ice cream, coffee, and tea. There are no exterior alterations to the existing building proposed as part of the proposed use. PAGE 4 OF 6 SUBJECT: 326 N. SANTA CRUZ AVENUE/U-17-009 MARCH 6, 2018 N:\DEV\PC REPORTS\2018\NSC 326-CUP - Glazier.docx 3/9/2018 12:42 PM The business is proposed to operate in a made-to-order fashion, where ice cream can be mixed with various seasonal fruits and other toppings. The applicant is proposing eight seats. The hours of operation would be, Sunday to Friday, 10:30 a.m. to 11:00 p.m.; and Saturday, 10:30 a.m. to 12:00 a.m. The applicant has provided a letter of justification (Exhibit 4), and development plans (Exhibit 5) describing the proposal. B. Parking and Traffic The commercial use was previously occupied by a retail use (Out of the Envelope) and there will be no increase in traffic impacts or required parking. C. Conditional Use Permit Findings In order to grant approval of a CUP, the deciding body must make the following findings: 1. The proposed use of the property is essential or desirable to the public convenience or welfare; and 2. The proposed use would 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. In regards to the first finding, the proposed use is desirable to the public convenience because it will provide food and beverage options in the Downtown. As required by the second finding, the proposed use would not impair the integrity of the zone, in that the proposed use is a commercial use and would be located in a commercial zone. In regards to the third finding, the proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit would maintain the welfare of the community. In regards to the final finding, the proposed use would be in conformance with the Town Code and would be consistent with the General Plan. On page two of the justification letter, the applicant addresses how each finding is met (Exhibit 4). D. General Plan The minor restaurant use is consistent with the Central Business District General Plan Designation for the property which envisions a mixture of retail, office, and residential in a mixed-use setting, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants. PAGE 5 OF 6 SUBJECT: 326 N. SANTA CRUZ AVENUE/U-17-009 MARCH 6, 2018 N:\DEV\PC REPORTS\2018\NSC 326-CUP - Glazier.docx 3/9/2018 12:42 PM The goals and policies of the 2020 General Plan applicable to this project include, but are not limited to: • Policy LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos. • Policy LU-9.2 – Maintain a variety of commercial uses, including a strong Downtown commercial area combined with Los Gatos Boulevard and strong neighborhood commercial centers to meet the shopping needs of residents and preserve the small- town atmosphere. • 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. • Goal LU-10 – To preserve Downtown Los Gatos as the historic center of the Town with goods and services for local residents while maintaining the existing Town identity, environment, and commercial vitality. E. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. PUBLIC COMMENTS: No public comments have been received. CONCLUSION: A. Summary Staff has recommended conditions of approval for the proposed business (Exhibit 3). The subject property has adequate parking in the parking assessment district to accommodate the proposed use. The proposed use is in conformance with the Town Code and is consistent with the General Plan. B. Recommendation Based on the analysis above, staff recommends approval of the CUP application subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit with the proposed project, it should: PAGE 6 OF 6 SUBJECT: 326 N. SANTA CRUZ AVENUE/U-17-009 MARCH 6, 2018 N:\DEV\PC REPORTS\2018\NSC 326-CUP - Glazier.docx 3/9/2018 12:42 PM 1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and 2. Make the findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 2); and 3. Approve CUP application U-17-009 with the conditions contained in Exhibit 3. C. Alternatives Alternatively, if the Commission has concerns with the proposed project, it can: 1. Approve the application with additional and/or modified conditions of approval; or 2. Continue the application with direction to a specific hearing date; or 3. Deny the application. EXHIBITS: 1. Location Map 2. Required Findings (one page) 3. Recommended Conditions of Approval (four pages) 4. Letter of Justification, received February 8, 2018 (five pages) 5. Development Plans, received January 30, 2018 (one page) Distribution: Jingxi Stayanoff, 1942 Cape Ann Place, San Jose, CA 95133 Taycon Properties Two LLC, 2626 Hanover Street, Palo Alto, CA 94304 CHESTER S T BA C H M A N A V TAIT AVAL M E N D R A A V CREEKSIDEBOYER L N PETTIC O A T NICH O L S O N A V BENTLE Y A VVILLAGE LNUNIVERSITY AVN SANTA CRUZ AVLO S G A T O S - S A R A T O G A R D WOODLAND AVN CREEK TRAILWRAIGHT AVBIRD AVMASSOL AVLN BEAN A V GRAY S L N ROYC E S T TOWNE TER WILDER AVBACHMANCT EDELEN AVVIL L AGE D R SARATO G A R D LOS G A T O S - 326 N. Santa Cruz Avenue Ü 0 0.250.125 Miles EXHIBIT 1 This Page Intentionally Left Blank N:\DEV\FINDINGS\2018\NSC 326 (Glazier).docx EXHIBIT 2 PLANNING COMMISSION – March 14, 2018 REQUIRED FINDINGS FOR: 326 N. Santa Cruz Avenue Conditional Use Permit U-17-009 Requesting approval for a minor restaurant (Glazier) on property zoned C-2. APN: 529-04-039. PROPERTY OWNER: Taycon Properties Two, LLC APPLICANT: Jingxi Stayanoff FINDINGS: Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. Required findings for a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: 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 is desirable to the public convenience because it provides healthy food and beverage options, thereby increasing the diversity of commercial uses in the downtown; and 2. The proposed use would not impair the integrity of the zone, in that the proposed use is a commercial use and would be located in a commercial zone; and 3. The proposed use would not be detrimental to public health, safety or general welfare, and the conditions placed on the permit would maintain the welfare of the community; and 4. The proposed use is in harmony with the General Plan and Town Code. This Page Intentionally Left Blank PLANNING COMMISSION – March 14, 2018 CONDITIONS OF APPROVAL 326 N. Santa Cruz Ave. Conditional Use Permit U-17-009 Requesting approval for a minor restaurant (Glazier) on property zoned C-2. APN 529-04-039 PROPERTY OWNER: Taycon Properties Two, LLC APPLICANT: Jingxi Stayonoff 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 and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2.EXPIRATION: The 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.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 pursuant to Section 29.20.340 of the Zoning Ordinance. 4.USE: The approved use is for a minor restaurant selling ice cream, coffee and, tea. 5.HOURS OF OPERATION: Maximum hours of operation are: Sunday to Friday, 10:30 a.m. to 11:00 p.m.; and Saturday 10:30 a.m. to 12:00 a.m. 6.NUMBER OF SEATS: The maximum number of seats shall not exceed eight (8) seats. 7.BUSINESS LICENSE and CERTIFICATE OF USE AND OCCUPANCY: A business license and Certificate of Use and Occupancy must be obtained prior to commencement of use. 8.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. 9.ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully screened prior to issuance of an occupancy permit. 10.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. 11.COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed. EXHIBIT 3 Building Division 12.PERMITS REQUIRED: A Building Permit shall be required for all interior modifications and alterations to the existing commercial building as well as the change of use and occupancy classification. 13.APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12. 14.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. 15.PLANS: The construction plans for this commercial building tenant improvem ent shall be prepared under the direct super vision of a California licensed Architect or Engineer. 16.SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum size 30” x 42”. 17.BUILDING & SUITE NUMBERS: Submit requests for new bu ilding addresses to the Building Division prior to submitting for the building permit application process. 18.DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and Bay Area Air Quality Management District Applications from the Building Department Service Counter. Once the Demolition Forms have been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed Forms to the Building Department Service Counter with the Air District’s J# Certificate(s), PG&E verification, and three (3) sets of Site Plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a Permit from the Town. 19.TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet. 20.BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole. 21.HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 22.SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, 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 and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. 23.BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) 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 ARC Blue Print for a fee or online at www.losgatosca.gov/building. 24. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE: Please provide evidence of approval from Santa Clara County Environmental Health Department for the p roposed scope of work for this food sales facility. Evidence shall be in the form of stamped “approved” plans and/or letter from the County Environmental Health Department indicating their approval of the proposed project stating that this facility does o r does not require a permit to operate. 25. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Santa Clara County Environmental Health Department: (408) 918 -3400 f. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 26. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction 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 an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Applicant'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 issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Applicant's expense. 27. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 28. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 29. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 30.PLANS AND STUDIES: Any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Applicant. 31.CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right- of-way will only be allowed if it does not cause access or safety problems as determined by the Town. 32.CONSTRUCTION HOURS: All site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to 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. The Town may authorize, on a case-by-case basis, alternate construction hours. The Applicant shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 33.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 from the source. 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. 34.GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Applicant'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 penalties and/or the Town performing the required maintenance at the Applicant's expense. 35.COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. N:\DEV\CONDITIONS\2018\NSC 326 Glazier.docx RECEIVED Letter of Justification ~EB O 8 2018 TOWN O F L O S GATOS We would like to open an ice cream shop at 326 N Santa Cruz, Los Gatos. This sho {s~1 ~J'JM'4G DIVISION currently empty and was previously used as retail space until few months back. This is relatively smaller location (775 Sqft) and we are looking for CUP for minor restaurant. Ours will be a specialty ice cream shop . The objective is to create a unique ice cream experience for the residents of Los Gatos by bringing together the heritage of Asian Ice cream making with trendy flavors and state of art technology. The way the ice cream is made and served is visually different from that of run of the mill ice creams available in the market. The ice cream is made one at a time for each customer using small ice cream machines. The ice cream base is mixed with seasonal fruits and other additives (chocolate, marsh mellow, strawberry, blue berry, mango) to customize the flavor for the customers. Along with ice cream, the shop will also sell hot beverages (tea, coffee) to the customers. Key characteristic of the ice cream: • It is easy to integrate different flavors with this ice cream. Thus, open to experimentation. Ube (Purple yam) and Pandan are two such flavors that aren't served in ice cream stores here in USA • The way we make the ice cream is a visual treat for customers and the product is built on natural human tendencies to create and share. In other words, the process and the product is social media (Snap chat, lnstagram, FB) friendly and appeal to kids (and by extension, their parents) and the general population. • Vegan, non-dairy, low/no added sugar ice cream options will also be available. We would like to serve a unique experience to the customers. Uniqueness is the key differentiation for our business. From the way the ice cream is manufactured (one at a time for each customer, on the spot), to the flavors (Pandan and Ube are two such examples) to customer service are different from other ice cream shop . EXHIBIT 4 a. The proposed uses of the property are essential or desirable to the public convenience or welfare; The town of Los Gatos, specifically the N. Santa Cruz Ave, the proposed location of the ice cream shop and nearby localities, does not have specialty ice cream shops that provide great taste and visually appealing, hand crafted ice creams . The area is family oriented with lots of kids and parents who come to the main business district often. The locals here are health conscious. There is also shortage of non-dairy/vegan ice cream choices for the people in the community. Our ice cream shop will provide delicious ice creams that are healthier and will serve the need of all people (including, but not limited to the vegans and lactose intolerant customers). We believe that more choices to the customers are a good thing. Also, the way the ice cream is made is visually appealing and will be great addition to the diversity of business district. b. The proposed uses will not impair the integrity and character of the zone We are consulting with a top rated design firm (Pixxe1Studio 18) to design our shop. We have made sure that shop look and feel trendy and in harmony with other shops and architecture around us. We will also plan to modify the entrance with electronically operable door that may be more convenient for people with disabilities to access our products. We are not undertaking any major structural changes to the building that will change the characters of the building or impair the integrity or character of the zone . c. The proposed uses would not be detrimental to the public health, safety or general welfare; and We take safety and public health seriously. We are not using any gas oven or other open flames to make our products, thereby reducing the chance of fire hazards. We neither use nor store any hazardous material in the shop. We have already discussed garbage collection with West Valley Collection and & Recycling LLC and will sign contract for regular garbage collection. d. The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter We will source most of the raw materials locally. We also plan to hire employees locally (we plan to hire 4 to 6 people), thereby creating job opportunities for locals. We believe that our shop will be a great addition to the diversity and prosperity of Los Gatos downtown area and thereby creating harmonious relationship with the various elements and objectives of the town of Los Gatos. We firmly believe that our ice cream shop will be a perfect addition to the town of Los Gatos . Description of restaurant: Will you make the ice cream on -site, or make it off-site? The ice cream will be made on-site, one at a time, customized for each customer. Do you intend this to be a take-out restaurant? This will mostly be a take out type restaurant. The space is limited (only 775 sq ft). We will still need to have few seating (requested for 8 seating) for customers who would be as the ice creams/ beverages are being made . If the existing parking condition allows you to have seats, how many could you fit within the floorplan? As the shop space is limited, we can have seating arrangement only for 8 customers . The proposed floor plan ("Please see Sheet Al attached) shows the seating arrangement at the restaurant . Do you propose to change the building at all? We will not make major structural changes to building. The proposed uses will not i mpair the integrity and character of the zone; Do you have a lease signed yet with the owner? Yes, The lease has been signed. Operating Hours: Monday to Friday: 10:30am to 11 pm Saturday: 10:30am to 12 Midnight Sunday: 10:30am to 11 pm Above operating hours are max limit of operating hours. At times, we may close the shop sooner but we will never extend the operating hours. The operating hours are also similar to the restaurant beside us (Chicago Steak and Fish). We will not have any delivery. We will not have any vehicle for delivery purposes. Parties Involved in the CUP application Applicant information: Jingyi Stayanoff and Arindam Jha Business Name: Skull Freeze DBA Glazier Address: 1060, S 3rd Street, APT 153, San Jose-945112, Phone# 219-851-0985 Property owner Information: ADAM LEVIN, PROPERTY IS HELD UNDER: TAYCON PROPERTIES TWO, LLC, ADDRESS: 2626 HANOVER ST. PALO ALTO, CA 94304, PHONE#: 650-492-0934 Leasing Agents Mattie C. Baker, Broker Keller Williams Silicon City -San Jose -Santa Clara Managing Director, Silicon City Commercial mattie@kw.com I 408-460-4272 BRE #00898114 Mumtaz Barkatullah, Realtor Keller Williams Silicon City 2520 Mission College Blvd Santa Clara, CA 95054 Cal BRE# 02016973 (408) 888-0259 This Page Intentionally Left Blank • KEY: NEW NON-RA TED WALLS EXISTING WALL TO REMAIN = = ' I, 2'-8" I/ \ ~ Id \ u -~ 5'-7" I, 1 n COUNTER TOBE REMOVED 9'-4" r--..tl I I I I I I I I I I I I I ~ I I I I I I I I I 48'-3" 26'-6" <O I ~ ~ (E) RETAIL SPACE (ON THE OTHER SIDE) I 5'-0" / (E) RETAIL SPACE 775 SQ .FT 49'-6" -v-"-------I D W.C#1 C ~ L -------' ---. I ~ --S~E~V;G-T;B~R~M~V-ED--~ I I -----EXISTING WALL TO BE REMOVED •1--------------------1• ;; \ ~RIMARY ~NTRANCI I, 15'-111" - ::::i:::: _J <( $ LU 0 (J) w - = t:; _J L..a.U >r:: >:: - C.- 4216 ETHEL RVE. 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DISPLAY WALL '' 6'-10" 20'-6" 2'-1" 10'-3" 49'-6" PROPOSEiJ FLOOR PLRN 0 ~ I 0 ~N ::::i:::: _J <( $ LU 0 ci5 w - RECEI LU ::> z LU > <( N ::> er: 0 <( 1-z E~ z w :::J z w >- [[ ~ w N~ -, w -> D!! a u If [[ ~ I-;-z z [[ ffi UI ~ z ..t. lJJ ru m Ii ~ a: lll a ..J m m a E ..J b I m IU Ill '.Ii u a ..J m JAN 3 0 2018 DATE 30JAN.2018 SCALE: 1/4''=1'-0' TOWN OF Lg_~ GA T ~vw. si PLANNING ~IVISI ~EEr ®N A1 EXHIBIT 5