15299 LG Blvd - Staff Report and Exhibits 1-6PREPARED 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: 3
DATE: TO: FROM: SUBJECT:
JULY 20, 2018 PLANNING COMMISSION JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR CONDITIONAL USE PERMIT APPLICATION U-18-006 AND ARCHITECTURE AND SITE APPLICATION S-18-027. PROJECT LOCATION: 15299 LOS GATOS
BOULEVARD. PROPERTY OWNER/APPLICANT: DAVID MORDICK, ROBINSON OIL COMPANY. REQUESTING APPROVAL FOR EXPANSION OF RETAIL AREA IN AN EXISTING AUTOMOBILE SERVICE STATION (ROTTEN ROBBIE) AND EXTERIOR MODIFICATIONS ON PROPERTY ZONED CH. APN 424-19-047. DEEMED COMPLETE: JUNE 8, 2018 FINAL DATE TO TAKE ACTION: DECEMBER 8, 2018
RECOMMENDATION:
Approval, subject to conditions.
PROJECT DATA:
General Plan Designation: Mixed Use Commercial
Zoning Designation: Commercial Highway, CH
Applicable Plans & Standards: General Plan
Parcel Size: 10,689 square feet (0.25 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Park Open Space R-1:8
East Commercial Mixed Use Commercial CH:PD
South Commercial Mixed Use Commercial CH
West Residential Low Density Residential R-1:8
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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 proposed project is consistent with the Commercial Design Guidelines.
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
A Conditional Use Permit (CUP) to continue operating an existing automobile service station
was approved in 1992 for 15299 Los Gatos Boulevard. The applicant is requesting approval of a
modification of the existing CUP to expand the ancillary retail sales area of the service station
and an Architecture and Site application for exterior modifications to the building.
The project site is approximately 10,689 square feet (0.25 acres) and is currently developed
with an existing service station, which has operated at this location since 1960.
The service station is a self-service operation that does not provide any vehicle repair services.
The building where these services would typically be provided is currently used as a vending
machine and storage area.
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DISCUSSION:
A. Location
The subject site is located on the southwest corner of the intersection of Garden
Lane/Gateway Drive and Los Gatos Boulevard. The property abuts commercial properties to
the south and east, residential properties to the west, and a public park to the north.
B. Conditional Use Permit Application
The applicant is requesting approval of a modification of the existing CUP to expand the
ancillary retail sales area of the service station. The hours of operation would remain
unchanged: 6:00 a.m. to 11:00 p.m., Monday through Friday; and 7:00 a.m. to 11:00 p.m.,
Saturday and Sunday. The applicant has provided a Letter of Justification/Business
Description (Exhibit 4) describing the proposal.
When reviewing a CUP modification, 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. Architecture and Site Application
The applicant is requesting approval of an Architecture and Site application for exterior
alterations to an existing commercial building. The changes would improve the appearance
of the building, as shown in the photograph of a similar Rotten Robbie station in the City of
Campbell (Exhibit 5). The exterior materials would consist of new Aluminum Composite
Material and new metal wall panels to infill existing window openings. The improvements
also include making the site accessible to disabled persons by providing a four-foot path of
travel to access the service station.
D. Zoning Compliance
The zoning for the property is Commercial Highway (CH). Pursuant to the Table of
Conditional Uses (Town Code Sec. 29.20.185), a service station use is allowed with approval
of a CUP in the CH zone.
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ANALYSIS:
A. Project Summary
The project would expand the ancillary retail sales area into the existing vending machine
and storage area. The project also includes exterior modifications to the existing building.
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
(Exhibit 4) and development plans (Exhibit 6) describing the proposal.
B. Parking
Parking requirements for service stations require two (2) parking spaces for each grease
rack or parking bay, plus one (1) parking space for each employee. The service station
would have no grease racks or parking bays, and one employee. The site only requires one
parking space, however; the site provides three (3) parking spaces, one (1) of which will be
ADA compliant.
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 additional food and beverage options at this service station. 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.
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D. General Plan
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-9.6 – 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-13.2 – Commercial activity along Los Gatos Boulevard shall complement the
whole Town and shall provide a dependable source of income, employment
opportunities, goods, and services.
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:
At this time, the Town has not received any public comment.
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
modification. The proposed use is in conformance with the Town Code and is consistent
with the General Plan. Additionally, the proposed exterior modifications, comply with the
applicable sections of the Commercial Design Guidelines.
B. Recommendation
Based on the analysis above, staff recommends approval of the CUP and Architecture and
Site applications 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 Conditional Use Permit; and
3. The considerations as required by Section 29.20.150 for granting approval of an
Architecture and Site application were all made in reviewing this project (Exhibit 2); and
4. Make the finding required by the Town’s Design Guidelines that the project complies
with the Commercial Design Guidelines (Exhibit 2); and
5. Approve Conditional Use Permit application U-18-006 and Architecture and Site
Application S-18-027 with the conditions contained in Exhibit 3 and the development
plans attached in Exhibit 6.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the applications with additional and/or modified conditions of approval; or
2. Continue the applications with direction to a specific hearing date; or
3. Deny the applications.
EXHIBITS:
1. Location Map
2. Required Findings and considerations for Conditional Use Permit and Architecture and Site
applications (two pages)
3. Recommended Conditions of Approval (four pages)
4. Letter of Justification/Business Description (one page)
5. Photo of a Rotten Robbie station (one page)
6. Development Plans (three pages)
Distribution:
David Mordick/Robinson Oil Company, 955 Martin Avenue, Santa Clara CA, 95050
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15299 Los Gatos Boulevard
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EXHIBIT 1
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PLANNING COMMISSION – July 25, 2018
REQUIRED FINDINGS FOR:
15299 Los Gatos Boulevard
Conditional Use Permit U-18-006 and Architecture and Site Application S-18-027
Requesting a modification to an existing Conditional Use Permit to expand the retail
area of an automobile service station and approval for exterior modifications to a
commercial building on property zoned CH. APN 424-19-047.
PROPERTY OWNER/APPLICANT: David Mordick, Robinson Oil Company.
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
additional food and beverage options at the service station; 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.
Commercial Design Guidelines:
■ The exterior modifications are consistent with applicable provisions of the Commercial
Design Guidelines.
EXHIBIT 2
CONSIDERATIONS
Considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project. The proposed
renovations will upgrade the building and complement surrounding buildings.
EXHIBIT 3
PLANNING COMMISSION – July 25, 2018
CONDITIONS OF APPROVAL
15299 Los Gatos Boulevard
Conditional Use Permit U-18-006 and Architecture and Site Application S-18-027
Requesting approval for expansion of retail area in an existing automobile service
station (Rotten Robbie) and exterior modifications on property zoned CH.
APN 424-19-047.
PROPERTY OWNER/APPLICANT: David Mordick, Robinson Oil Company.
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 and/or business operation 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. HOURS: The hours of operation are restricted from 6 AM to 11 PM Monday through
Friday and 7 AM to 11 PM on Saturday and Sunday.
4. AIR AND WATER: Air and water service shall be available at all times.
5. ATTENDANT: An attendant shall be available on-site during business hours to assist
handicapped customers.
6. ALCOHOL SALES: Alcohol, beer, or wine sales are prohibited.
7. 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.
8. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
9. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
10. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and
shall remain through all phases of construction. Include a tree protection plan with the
construction plans.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
13. ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully
screened prior to issuance of an occupancy permit.
14. 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.
15. 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.
16. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
17. PERMITS REQUIRED: A Building Permit shall be required for all interior modifications
and alterations to the existing commercial building.
18. 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.
19. 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.
20. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”,
maximum size 30” x 42”.
21. 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.
22. 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.
23. 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
24. 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.
25. 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.
26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
27. 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.
28. 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.
29. 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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
30. 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.
31. 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.
32. 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.
33. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
34. 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.
35. 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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