Loading...
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 PAGE 2 OF 6 SUBJECT: 50 UNIVERSITY AVENUE/U-18-009 JULY 20, 2018 N:\DEV\PC REPORTS\2018\University 50, CUP Joe and the Juice.docx 7/20/2018 2:12 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.  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. PAGE 3 OF 6 SUBJECT: 50 UNIVERSITY AVENUE/U-18-009 JULY 20, 2018 N:\DEV\PC REPORTS\2018\University 50, CUP Joe and the Juice.docx 7/20/2018 2:12 PM 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). PAGE 4 OF 6 SUBJECT: 50 UNIVERSITY AVENUE/U-18-009 JULY 20, 2018 N:\DEV\PC REPORTS\2018\University 50, CUP Joe and the Juice.docx 7/20/2018 2:12 PM 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. PAGE 5 OF 6 SUBJECT: 50 UNIVERSITY AVENUE/U-18-009 JULY 20, 2018 N:\DEV\PC REPORTS\2018\University 50, CUP Joe and the Juice.docx 7/20/2018 2:12 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: 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: PAGE 6 OF 6 SUBJECT: 50 UNIVERSITY AVENUE/U-18-009 JULY 20, 2018 N:\DEV\PC REPORTS\2018\University 50, CUP Joe and the Juice.docx 7/20/2018 2:12 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-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 TAIT AVMILES A V COLLEGE A V E MAIN ST CHURCH ST W M A I N S T MUL L E N A V DITTOS LN W M A I N S T COLLEGE AVSTATION WYDITTOS LN MONTE BELLOWYUNIVERSITY AVN SANTA CRUZ AVN SANTA CRUZ AVVILLA AVN CREEK TRAILMAPLE LNEDELEN AVHWY 17C L E L A NDAVPAGEANTWAYMILL ST MILES AVVICTORY LNS SANTA CRUZ AVBEAN A V LUNDYGRAY S L N ROYC E S TWILDER AVLYNDON AVELM S T EDELEN AVAVPARK AV50 University Avenue, Suite A290 0 0.250.125 Miles Ü EXHIBIT 1 This Page Intentionally Left Blank N:\DEV\FINDINGS\2018\University 50 PC Findings 7.25.18.docx 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 This Page Intentionally Left Blank 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. N:\DEV\CONDITIONS\2018\University 50 - PC COA.docx 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 This Page Intentionally Left Blank 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 3 4 5-6 7 8 9 10 11 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 This Page Intentionally Left Blank EXHIBIT 6 This Page Intentionally Left Blank