50 University Ave - Staff Report and Exhibits 1-6
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
REPORT
MEETING DATE: 07/25/2018 ITEM NO: 2
DATE: JULY 20, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-009. PROJECT LOCATION:
50 UNIVERSITY AVENUE. PROPERTY OWNER: FEDERAL REALTY, INC. APPLICANT: TYNEISE BEYER. REQUESTING APPROVAL FOR A RESTAURANT (JOE AND THE JUICE) ON PROPERTY ZONED C-2:LHP:PD. APN 529-02-044.
DEEMED COMPLETE: JUNE 15, 2018 FINAL DATE TO TAKE ACTION: DECEMBER 15, 2018
RECOMMENDATION:
Approval, subject to conditions.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, Landmark
Historic Preservation, Planned Development, C-2:LHP:PD
Applicable Plans & Standards: General Plan
Parcel Size: 4.17 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential and
Commercial
Medium Density Residential
and Central Business District
R-1:D:LHP and
C-2:LHP
East Los Gatos Creek and
Highway 17
N/A N/A
South Commercial Central Business District C-2:LHP
West Commercial Central Business District C-2:LHP
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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.
That the project is in conformance with Planned Development Ordinance 2025.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On April 8, 1998, the Planning Commission approved a restaurant (coffee shop) with outdoor
seating in conjunction with a retail bookstore (Borders). The space was later subdivided into
two spaces. On May 6, 2013, the Planning Commission approved a formula retail apparel store
(Lucy) which occupied the existing commercial space. The apparel store which was last
occupied in January of 2018, has since been vacant. The subject space is a ground floor
commercial suite and the applicant is not proposing any exterior modifications to the building.
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a restaurant
(Joe and the Juice) in the 2,000-square foot space, with approximately 250 square feet of
outdoor seating.
DISCUSSION:
A. Location
The subject site is located on the east side of University Avenue, approximately 500 feet
north of W. Main Street. The property abuts commercial properties to the north, south,
and west, residential properties to the north, and the Los Gatos Creek and Highway 17 to
the east. The subject space would be located in unit A290; on the northwestern side of the
building.
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B. Conditional Use Permit
The applicant is requesting approval of a CUP to operate a restaurant (Joe and the Juice) in
the space that was previously occupied by a retailer (Lucy). The hours of operation would
be 8:00 a.m. to 9:00 p.m., seven days a week. The applicant has provided a Letter of
Justification/Business Description (Exhibit 4) describing the proposal.
When reviewing a CUP, the deciding body should consider the information in the applicant’s
business plan; however, the key consideration should be the proposed use since the
business plan can change from owner to owner. The 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 use as opposed to the
applicant or the applicant’s business plan.
C. Zoning Compliance
The zoning for the property is C-2:LHP:PD (Central Business District, Landmark Historic
Preservation, Planned Development). 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.
D. Restaurant Use in the Downtown Area
In 1996, the Town Council adopted Ordinance 2021, which encourages a more
comprehensive review of an additional restaurant use in the downtown area.
While the application would be replacing a previous retail use (Lucy), the former retail use
(Borders) included a coffee shop. The proposed tenant improvements would not restrict a
retail user from easily occupying the space in the future. The applicant has provided
justification that the restaurant would align with the General Plan goals, including
maintaining a strong downtown commercial area. The Commission should carefully
consider the potential impact of the conversion of this space in the downtown.
ANALYSIS:
A. Project Summary
The project would occupy an approximately 2,000-square foot commercial space within an
existing commercial property (Old Town) with a restaurant (Joe and the Juice). The business
would serve freshly made juices, shakes, coffee, paninis, and other breakfast items as noted
in the Letter of Justification/Business Description (Exhibit 4).
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The business is proposed to operate as a restaurant, serving ready-to-order fresh and
healthy products. The hours of operation would be 8:00 a.m. to 9:00 p.m., seven days a
week. Deliveries would be twice a week between 5:00 a.m. and 7:00 a.m., using a small to
medium delivery truck.
The project would not result in an increase of average daily trips (ADT) or peak hour trips, as
it proposes no additional square footage. The applicant has provided a Letter of
Justification/Business (Exhibit 4) and Development Plans (Exhibit 5) describing the proposal.
B. Parking and Traffic
The commercial space was previously occupied by a retail business (Lucy) and there would
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 an additional healthy food and beverage option in the Downtown. In
regards to 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; and the conditions placed on the permit would maintain the
welfare of the community. In regards to the final finding, the proposed use is in
conformance with the Town Code and is consistent with the General Plan.
D. General Plan
The restaurant use is consistent with the Central Business District General Plan Designation
for the property which envisions a mixture of retail, office, restaurants, residential lodging,
service, auto-related, non-manufacturing industrial uses, and recreational uses, in a mixed-
use setting.
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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:
Exhibit 6 includes public comments received by 11:00 a.m. Friday, July 20, 2018.
CONCLUSION:
A. Summary
Recommended conditions of approval for the proposed business are attached to this staff
report (Exhibit 3). The site has adequate parking to accommodate the proposed use and
the business proposes to close by 9:00 p.m. each day. 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:
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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-18-009 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:
Received with this Staff Report:
1. Location Map
2. Required Findings for Conditional Use Permit (one page)
3. Recommended Conditions of Approval (six pages)
4. Letter of Justification/Business Description (seven pages)
5. Development Plans (six pages)
6. Public comments received by 11:00 a.m. Friday, July 20, 2018 (one page)
Distribution:
Tyneise Beyer, 360 22nd Street, Suite 800, Oakland CA, 94107
Federal Realty, Inc., 356 Santana Row, Suite 1005, San Jose CA, 95128
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EXHIBIT 1
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PLANNING COMMISSION – July 25, 2018
REQUIRED FINDINGS FOR:
50 University Avenue
Conditional Use Permit U-18-009
Requesting approval of a Conditional Use Permit to allow a restaurant (Joe and the
Juice) on property zoned C-2:LHP:PD. APN 529-02-044.
PROPERTY OWNER: Federal Realty, Inc.
APPLICANT: Tyneise Beyer
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town. 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 will provide an
additional healthy food and beverage option 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.
Required Compliance with Planned Development Ordinance 2025:
■ The Conditional Use Permit is in conformance with Planned Development Ordinance 2025.
EXHIBIT 2
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PLANNING COMMISSION – July 25, 2018
CONDITIONS OF APPROVAL
50 University Avenue
Conditional Use Permit U-18-009
Requesting approval of a Conditional Use Permit to allow a restaurant use (Joe and
the Juice) on property zoned C-2:LHP:PD. APN 529-02-044.
PROPERTY OWNER: Federal Realty, Inc.
APPLICANT: Tyneise Beyer
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. RESTAURANT USE: A restaurant use is permitted in the northwestern side of the building,
known as 50 University Avenue, Suite A290.
5. HOURS OF OPERATION: Maximum hours of operation are 8:00 a.m. to 9:00 p.m, Monday
through Sunday.
6. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
The lighting plan shall be reviewed during building plan check.
7. 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.
8. BUSINESS LICENSE with CERTIFICATE OF USE AND OCCUPANCY: A Business License with
Certificate of Use and Occupancy must be obtained prior to commencement of use.
9. 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 with the Certificate of Use and Occupancy
application.
EXHIBIT 3
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.
Building Division
12. PERMITS REQUIRED: A separate Building Demolition Permit will not be required.
However, a Building Permit will be required for the interior demolition, reconstruction
and exterior modification of existing commercial building.
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. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
16. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
17. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and
a Bay Area Air Quality Management District Application from the Building Department
Service Counter. Once the demolition form has been completed, all signatures obtained,
and written verification from PG&E that all utilities have been disconnected, return the
completed form to the Building Department Service Counter with the Air District’s J#
Certificate, 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.
18. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
19. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
20. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project Building Inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the Soils Report, and that the building pad elevations and on-site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
21. 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.
22. 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.
23. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
24. 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.
25. 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.
26. 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) 918-3479
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.
27. 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.
28. 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.
29. 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.
30. PLANS: The construction plans for this commercial building tenant improvement shall be
prepared under the direct super vision of a California licensed Architect or Engineer.
31. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
32. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
33. 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.
34. 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.
35. 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.
36. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
37. 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.
38. 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.
39. DEPARTMENT OF ENVIRONMENTAL HEALTH CLEARANCE: Please provide evidence of
approval from Santa Clara County Environmental Health Department for the proposed
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 or does not
require a permit to operate.
40. 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 & PUBLIC WORKS:
Engineering Division
41. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. 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 Owner, Applicant and/or Developer's representative in charge shall be at
the job site during all working hours. Failure to maintain the public right-of-way according
to this condition may result in the issuance of correction notices, citations, or stop work
orders and the Town performing the required maintenance at the Owner, Applicant and/or
Developer's expense.
42. 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.
43. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner/Applicant/Developer to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to, Pacific Gas
and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Works Department
prior to releasing any permit.
44. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
45. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner,
Applicant and/or Developer’s project engineer shall notify, in writing, the Town Engineer at
least seventy-two (72) hours in advance of all the proposed changes. Any approved changes
shall be incorporated into the final “as-built” plans.
46. 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.
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JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
April 2nd, 2018
Civic Center
110 E. Main Street
Los Gatos, CA 95030
RE: CUP Application for JOE & THE JUICE at 50 University Avenue, Los Gatos
Dear reviewer,
On behalf of the JOE & THE JUICE family I can honestly say, that it is with great excitement that I
write this letter.
We started our journey with a small coffee shop inside a clothing store in Copenhagen, Denmark
-and we are very proud that we now have to opportunity to establish a new flagship store on
University Avenue in Los Gatos.
JOE & THE JUICE is managed and partly-owned by its founders and we take great pride in
running ‘fast-casual’ cafés in some of the most unique locations across the world. Our products
are enjoyed by people across cultures and regions, from the cold north of Finland, to the exotic
South Korea and to the warm beaches in Sydney. The first time I travelled to The Bay Area I visited
Los Gatos and immediately fell in love with the great vibe, the local community feel and the
relaxed ambience. This is why we have chosen Los Gatos as the second location for one of our
first and very few flagship concepts.
Our new flagship store concept called a ‘Joe House’, will serve our regular menu consisting of
freshly made juices, ‘shakes’, coffee and freshly made paninis – but also include omelettes,
yoghurts, croissants and other morning offerings. We try to source as many products as possible
locally and we are moving towards a higher degree of organic products.
Our first store worldwide to offer this menu opened in early 2018 in Burlingame, California. We
were warmly welcomed by the neighbourhood and we hope to extend the same feeling in Los
Gatos. One of the most important values for JOE & THE JUICE is ‘inclusion’ – and when we open
up in a neighbourhood and become fully integrated into the daily life of the residents, this is when
the feeling of inclusion is at its strongest. Our store on Fillmore Street was one of our first in The
Bay Area and this took us through a long, but rewarding Formula Retail approval. Today we have
a beautiful store and a very good relationship with the community. Last Christmas we donated
EXHIBIT 4
JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
the Christmas lights on the street and we appreciate the inclusion – and hope to achieve the same
in Los Gatos.
We always try to adapt to the local ambience when it comes to design, music and offerings – and
our staff is always combined by young inspiring individuals from the local community with our
more experiences managers from all over the world. We have a talent programs that give our
employees the chance to travel the world while working for the company. We hope that Los Gatos
will become a destination for the next generation of Juicers – and that we get the chance to invite
the youth of Los Gatos into our company and make them experience the world through our talent
programme.
Below this letter is a description (Exhibit A) of our business and how we intend to run the local
operations as well as a response to section 29.20.190 of the Town Code. Our Menu is shown in
Exhibit B. Please visit our website for more info: www.joejuice.com
Please let me know if you have any questions or concerns.
Best regards,
Valdemar Halbye
Head of US Retail – JOE & THE JUICE
JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
EXHIBIT A: Business Description & Response to Sec. 29.20.190. of the Town Code
General Business Description:
- Hours of operation: 8am – 9pm Monday through Sunday
- Number of seats: 68 seats inside and 16 seats outside
- The store will be operated with between 1 and 6 employees. These will all be trained through an
extensive and state-of-the-art online training module (e-Campus) and they will receive training in other
JOE & THE JUICE bars before they are allowed to work behind the newly established bar.
Response to Sec. 29.20.190. of the Town Code
(1) The proposed uses of the property are essential or desirable to the public convenience or welfare:
JOE & THE JUICE offers healthy food to people in all ages. All of our products are freshly made to ensure
that they are high on nutrients and taste well. All of our juices only include freshly squeezed fruit or
vegetables and we don’t add sugar or any sweetener. We try to source our products locally and we aim
to become more organic and we are conscious about how we affect the world and nature around us.
“During my years in elite sports - travelling Europe with the Danish National Karate team - I came to realize that our team’s strict
nutrition regimen never really included fruit and vegetables. And I was always left feeling that the few places to get fresh juices
at the time totally ignored people’s desire for atmosphere and intimacy. My ambition became to mix the amazing combination of
taste and nutrition that freshly made juices offer with a café environment that’s inviting and full of inspiration.”
- KASPAR BASSE (CEO & FOUNDER)
JOE & THE JUICE serves products that are not only healthy but also very tasty and visual attractive. We
believe that it should be fun and simple to live a healthy life. As we only make fresh products, these are
prepared in front of the customer, so they can follow the process from start to end – this creates a great
show for the customers, but also ensure that there is a proven high sanitary statue and transparency in the
products we serve. Our products can be enjoyed all day as a full meal or as a snack. It can be enjoyed in
the store – or on the go. Thereby we serve a versatile menu that convenient and healthy.
JOE & THE JUICE does not just care about our products, but we believe in a full customer experience.
Our design is carefully selected and have a very Scandinavian look and feel. We want to create a local
hang-out for the community and we invest a lot in the design, look and feel. The by far the most important
part of creating a great customer experience is the employees. We believe a lot in inclusion and we try to
employ people from different nationalities, sex, religious and sexual orientation. Our employee culture is
well renown across the wold – because we care about our employees, they care about our customer – it’s
as simple as that. And when we show inclusion – our employees show the same. We are very proud to see
how broad our customer base is.
JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
On the basis of that, I truly believe that our brand and offerings create something that is desirable to public
convenience and welfare – and I hope we get the chance to show this in Los Gatos
(2) The proposed uses will not impair the integrity and character of the zone:
Our new JOE & THE JUICE flagship concept will be located inside the small shopping centre and we
believe that our buildout will enhance the offerings and character of the area/zone. There are currently
limited options for healthy fast casual food and our store will hopefully drag in additional customers to the
benefit of all tenants. In addition, we will add furniture to the outdoor patio and bring life to this area for
the benefit of customers and co-tenants.
(3) The proposed uses would not be detrimental to public health, safety or general welfare:
Because we are offering healthy food – we are encouraging a healthy lifestyle. We want to ensure that its
easy, simple and convenient to eat healthy and we want to contribute to the general welfare of our
customers and our employees. We support our local neighbourhoods as well as the global welfare when
it comes to ethical correct sourcing and supporting people in need. We thereby believe that our store will
not be detrimental to the public health, safety or general welfare.
(4) 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:
JOE & THE JUICE is a very modern concept in its offerings, design and business model. We provide
healthy and freshly made products and we offer them in a welcoming environment with Scandinavian
design and great ambiance. We believe that the addition of a JOE & THE JUICE will be a great way for
Los Gatos to evolve and mold the future character and attractiveness of the Town – while still maintaining
JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
the best of its past; being a fantastic local neighbourhood with great offerings to its residents. Joe & The
Juice will take excellent care of the space at 50 University Avenue by combining the existing characteristics
of the beautiful building with a modern Scandinavian design. Hence, we believe that the addition of Joe
& The Juice in Los Gatos will be aligned with the General Plan of Los Gatos.
(5) A hazardous waste facility proposal is subject to the California Health and Safety Code, Article 8.7,
Section 25199—25199.14 and shall be consistent with the Santa Clara County Hazardous Waste
Management Plan:
JOE & THE JUICE are not producing any hazard waste. We only use fresh ingredients and use very limited
fats, oils and similar products in our offerings. We are constantly increasing the share of our products that
are organic.
JOE & THE JUICE – 110 Greene Street, Suite 702. NY C 10012 - USA
JOE & THE JUICE – 110 Greene Street, Suite 702. NYC 10012 - USA
EXHIBIT B: Menu
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UNION & LAGUNA
1895-1899 union street san francisco, ca 94123
October 25, 2016
EXHIBIT 5
2UNION & LAGUNA 1895-1899 Union Street. San Francisco, CA 94123
Site Location
Union Street Retail Map
Exiting Condition Photos
Existing and Proposed Ground Floor Plans
Existing and Proposed Basement Plans
Existing and Proposed Union Street Elevations
Existing and Proposed Laguna Street Elevations
Enlarged Proposed Perspective
Project Sponsor
Starbucks
Attn: Leslie Mitchell
60 Spear Street 7th floor
San Francisco, CA 94105
Tel: (510) 435-0196
Email: lmitchel@starbucks.com
Property Owner
Ronald Castellino
840 Lombardi Lane
Hillsborough, CA 94010
Tel: (650) 347-9555
Project Contact
Reuben,Junius & Rose, LLP
Attn: Chloe V. Angelis
One Bush Street, Suite 600
San Francisco, CA. 94104
Tel: (415) 567-9000
Fax: (415) 399-9480
Email: cangelis@reubenlaw.com
Architect
MSA architecture + design
Attn: Ron Raiche
360 22nd Street, Ste 800
Oakland, CA. 94612
Tel: (415) 852-4925
Fax: (415) 852-4902
Email: ronr@msasf.com
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Table of ContentsProject Team
Table of Contents / Project Team
3UNION & LAGUNA 1895-1899 Union Street. San Francisco, CA 94123 Site Location
5UNION & LAGUNA 1895-1899 Union Street. San Francisco, CA 94123 Existing Conditions
7UNION & LAGUNA 1895-1899 Union Street. San Francisco, CA 94123 Ground Floor Plans
9UNION & LAGUNA 1895-1899 Union Street. San Francisco, CA 94123 Union Street Elevations
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EXHIBIT 6
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