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17.5 N. Santa Cruz Ave - Staff Report and Exhibits 3-8PREPARED BY: Sally Zarnowitz Planning Manager Reviewed by: 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: 06/28/2017 ITEM NO: 2 DATE: JUNE 23, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-17-003. PROJECT LOCATION: 17½ N. SANTA CRUZ AVENUE. PROPERTY OWNER: LA CANADA INVESTMENTS, LLC. APPLICANT: DAN CUSCHIERE, CUSCHIERI HORTON ARCHITECTS. CONSIDER A REQUEST FOR APPROVAL OF A FORMULA RETAIL BUSINESS (J. MCLAUGHLIN) ON PROPERTY ZONED C-2:LHP. APN 510-44-077. DEEMED COMPLETE: MAY 5, 2017 FINAL DATE TO TAKE ACTION: NOVEMBER 5, 2017 RECOMMENDATION: Approval, subject to conditions. PROJECT DATA: General Plan Designation: Central Business District Zoning Designation: Central Business District: Landmark Historic Preservation, C-2:LHP Applicable Plans & Standards: General Plan Parcel Size: 3,449 square feet Surrounding Area: Existing Land Use General Plan Zoning North Commercial Central Business District C-2:LHP East Commercial Central Business District C-2:LHP South Commercial Central Business District C-2:LHP West Public Parking Lot Central Business District C-2 PAGE 2 OF 6 SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003 JUNE 23, 2017 N:\DEV\PC REPORTS\2017\2017 - Scanned PC Rpts & Exhibits\6-28-17\NSC 17.5 - 6.28.17 CUP.docx 6/23/2017 10:23 AM 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 C onditional Use Permit. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: In November 2002, the Town Council adopted an ordinance defining a “formula retail business” as a retail business which, along with seven or more other business locations is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, décor, uniforms, architecture, colors, signs or other similar features. Town Cod e Section 29.20.185 requires a Conditional Use Permit (CUP) for a formula retail business of any size in the C-2:LHP zone. The proposed business, J. McLaughlin, is a formula retail business and requires a CUP. The proposed use would occupy a commercial space that was last occupied by a retailer (The Los Gatos Company) in 2016, but is currently vacant. The subject space is a ground floor commercial suite and the applicant is not proposing any exterior modifications to the building at this time. The applicant is requesting approval of a CUP to allow a formula retail business (J. McLaughlin) in the 1,392-square foot space. DISCUSSION: A. Location and Surrounding Neighborhood The project is located at 17½ N. Santa Cruz Avenue, on the west side of N. Santa Cruz Avenue between W. Main Street and Bean Avenue (Exhibit 1). Adjacent properties and PAGE 3 OF 6 SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003 JUNE 23, 2017 N:\DEV\PC REPORTS\2017\2017 - Scanned PC Rpts & Exhibits\6-28-17\NSC 17.5 - 6.28.17 CUP.docx 6/23/2017 10:23 AM those directly across the street are located in the C-2:LHP zone and are developed with commercial buildings. A public parking lot is located behind the property. B. Conditional Use Permit The applicant is requesting approval of a CUP to operate a clothing retail business (J. McLaughlin) in the space that was previously occupied by a retailer (The Los Gatos Company). The hours of operation would be 10:00 a.m. to 8:00 p.m., Monday through Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday. The applicant has provided a business description/letter of justification (Exhibit 5) 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 explicit proposed use since the business plan can change from owner to owner. The explicit use may be, and is often, defined in the recommended conditions of approval as a “use” condition. The CUP runs with the land, and the deciding body should review applications based on the explicit use as opposed to the applicant or the applicant’s business plan. C. Zoning Compliance The proposed business is a formula retail use because the business currently operates at more than seven locations. Pursuant to the Table of Conditional Uses (Town Code Sec. 29.20.185), a CUP is required for a formula retail use in the C-2 zone. ANALYSIS: A. Project Summary The proposed use (J. McLaughlin) would occupy a 1,392-square foot commercial space within an existing commercial building. The business proposes to sell men’s and women’s apparel. The business proposes minor tenant (interior) improvements and proposes no exterior building modifications at this time. The hours of operation would be 10:00 a.m. to 8:00 p.m., Monday through Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday. Deliveries are proposed to take place approximately three times a week at the rear entrance during the proposed business hours. The project proposes a maximum of four employees. PAGE 4 OF 6 SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003 JUNE 23, 2017 N:\DEV\PC REPORTS\2017\2017 - Scanned PC Rpts & Exhibits\6-28-17\NSC 17.5 - 6.28.17 CUP.docx 6/23/2017 10:23 AM B. Formula Retail Town Code requires a CUP for a formula retail business of any size in the C -2 zone (Section 29.20.185). The proposed formula retail business will occupy a space not previously occupied by a formula retail business. The General Plan states that retail uses should be emphasized in the Central Business District where the subject space is located. J. McLaughlin has more than 100 locations nationwide, nine of which are in California. The applicant’s business description/letter of justification (Exhibit 5) states the following: “No two stores are alike; instead they reflect the brand’s respect for regional individuality, and each store’s attentively designed interior is unique, reflecting the Town’s color, character, and Architecture.” C. Parking and Traffic The commercial space was previously occupied by a retail use (The Los Gatos Company) and there will be no increase in traffic impacts or required parking. D. Conditional Use Permit Findings In order to grant approval of a CUP, the deciding body must make the following findings under Section 29.20.190: 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 a quality retailing option for visitors and residents in the downtown. As required by finding two, 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 harmony with the General Plan because and the Town Code because it contributes to the variety of commercial uses in the Central Business District. PAGE 5 OF 6 SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003 JUNE 23, 2017 N:\DEV\PC REPORTS\2017\2017 - Scanned PC Rpts & Exhibits\6-28-17\NSC 17.5 - 6.28.17 CUP.docx 6/23/2017 10:23 AM E. General Plan The formula retail use is consistent with the Central Business District General Plan Designation for the property which envisions a mixture of retail, office, and residential in a mixed-use setting, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants. The goals and policies of the 2020 General Plan applicable to this project include, but are not limited to:  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. F. 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, and proposes no exterior building modifications. PUBLIC COMMENTS: At this time, the Town has not received any public comment. CONCLUSION: A. Summary Staff has provided recommended conditions of approval for the proposed business. The proposal would not increase traffic impacts or required parking at the site. The business proposes to close by 8:00 p.m., Monday through Saturday, and by 6:00 p.m. on Sundays. The proposed use is in conformance with the Town Code and is consistent wi th the General Plan. PAGE 6 OF 6 SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003 JUNE 23, 2017 N:\DEV\PC REPORTS\2017\2017 - Scanned PC Rpts & Exhibits\6-28-17\NSC 17.5 - 6.28.17 CUP.docx 6/23/2017 10:23 AM B. Recommendation Based on the analysis above, staff recommends approval of the CUP application subject to the recommended conditions of approval (Exhibit 4). If the Planning Commission finds merit with the proposed project, it should: 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 3); and 2. Make the findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 3); and 3. Approve CUP application U-17-003 with the conditions contained in Exhibit 4. 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. Make the findings for denial of a formula retail business (Exhibit 3) and deny the application. If the Commission makes the findings for denial, the Commission must provide support for those findings. EXHIBITS: Previously received with June 14, 2017 Staff Report: 1. Location Map 2. Public comment received by 11:00 a.m., Friday, June 9, 2017 Received with this Staff Report: 3. Required Findings (two pages) 4. Recommended Conditions of Approval (four pages) 5. Business Description/Letter of Justification, received May 10, 2017 (five pages) 6. Formula Retail Map 7. Public comments received between 11:01 a.m., Friday, June 9, 2017 and 11:00 a.m., Friday, June 23, 2017 8. Development Plans, received May 4, 2016 (three pages) Distribution: Cuschieri Horton Architects, c/o Dan Cuschieri, 1475 S. Bascom Avenue, Campbell, CA 95008 La Canada Investments, LLC, 18831 Blythswood Dr., Los Gatos, CA 95030 PLANNING COMMISSION -June 28, 2017 REQUIRED FINDINGS FOR: 17 '6 N. Santa Cruz Avenue Conditional Use Permit U-17-003 Requesting approval of a Conditional Use Permit to allow a formula retail business on property zoned C-2:LHP. APN: 510-44-077. PROPERTY OWNER: La Canada lnvesbnents, Inc. APPLICANT: Dan Cuschieri, Cuschieri Horton Architects 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 findi ngs for a Conditi onal Use Permit: • As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: (a) The deciding body, on the bas is of the evidence submitted at the heari ng, may grant a conditiona l 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 a quality retailing option for visitors and reside nts 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 i n a commercial zone ; and 3. The proposed use would not be detri mental 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 because it contributes to the variety of commercial uses i n the Central Busi ness District. Required findings for Denial of a Conditi onal Use Permit for a Fo r mula Retail Business : • As required by Section 29 .20.190 of the Town Code for denying a Conditional Use Permit: (b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business or a personal service busine ss if any of the following findings are made : EXHIBIT 3 N :\DEV\FINDINGS \2 0 l 7\NSC 17 .5.docx Page 2of2 17 lh N. Santa Cruz Avenue/U-17-003 June 28, 2017 (1) The proposed use of the property is not in harmony with ' specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over-concentration of similar types of businesses, or; (4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality. If the Planning Commission makes findings to deny the project, the Commission must provide support for the findings for denial . PLANNING COMMISSION -June 28, 2017 CONDITIONS OF APPROVAL 171/i N. Santa Cruz Ave. Conditional Use Permit U-17-003 Requesting approval of a Conditional Use Permit to allow a formula retail business Q. McLaughlin) on property zoned C-2:LHP. APN 510-44-077 PROPERTY OWNER: La Canad a investments, LLC APPLICANT: Dan Cuschieri, Cuschieri Horton Architects 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 ofthe 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: lfthe activity for which the Conditional Use Permit has been granted is discontinued for a period of one {1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 4. USE: The approved use is for a formula retail business for the sale of men's and women's apparel. 5. HOURS OF OPERATION: Maximum hours of operation are 10:00 a.m. to 8:00 p.m., Monday through Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday. 6. DELIVERIES: Typical delivery times shail be during approved hours of operation at the rear entrance. 7. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use. 8. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance Department prior to commencement of use. 9. S!GN PERM!T: 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. 10. ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully screened prior to issuance of an occupancy permit. 11. 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. N :\DEV\CO N DITIONS\2017\NSC 17 .s.docx EXHIBIT 4 12. COMPLIANCE MEMEMORANDUM: 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 13. PERMITS REQUIRED : A Building Permit will be required for the alterations to this commercial building. This is a combination Permit that includes all required electrical, mechanical, and plumbing work as necessary. 14. CONDITIONS OF APPROVAL : The Conditions of Approval must be printed in full on one of the sheets in the plan set. A Compliance Memorandum shall be prepared and submitted with the Building Permit Application detailing how the Conditions of Approval will be addressed . 15. PLANS: Four sets of plans, minimum size 24' x 36", maximum size 30" x 42". 16. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (i.e. sticky backed) onto the plans including lighting compliance and mandatory measures. 17. ADVISORY COMMENTS for TENANT IMPROVEMENTS : In addition to all new work complying with the Code for accessibility, when existing buildings are altered they must be made accessible to persons with physical disabilities in accordance with the CBC Section 118-202 Accessibility for Existing Buildings and Facilities. Existing accessibility features and/or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and door hardware; (b) Accessible path of travel throughout the facility; (c) Accessible restrooms . 18. ADVISORY COMMENTS for 20% RULE FORM : Where the cost of alterations or remodeling is less than a threshold amount (currently at $156,162.00) and the cost to provide all those features listed above is disproportionate to the improvements costs (i.e. more than 20% of the budget), then the owner is only required to provide disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosca .gov and completely fill it out showing all the required upgrades that will be provided and their costs . This form must be permanently affixed (i.e. blue-lined, sticky- backed) to the plans. From a preliminary review, the following items are some that will need to be addressed: a. The existing front entry landing has a portion that has a non-compliant slope and will need to be reworked to achieve the maximum 2% slope or if that slope cannot be obtained, a handicap assist button will need to be installed to activate the door. b. At the POS, Point of Sale, at least a portion of the counter must be a maximum of 34" high and at least 36" long. c. The existing Restroom door will need to be moved in order to have the proper strike clearance, 18" or 12" minimum. 19. APPROVALS REQUIRED: the project requires the following departments and agencies approval before issuing a Building Permit. a. Community Development -Planning Department: (408) 354-6802 b. Santa Clara County Fire Department: (408) 378-4010 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 20. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related construction debris at the end of the day. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Applicant/Owner's expense. 21. 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. 22. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 23. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 24. PLANS AND STUDIES: Any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Applicant. 25. WATER DESIGN: In the event of any required improvements to the existing water service and/or meter, water plans prepared by San Jose Water Company must be reviewed and approved prior to issuance of any permit. 26. CONSTRUCTION HOURS: All construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m.1 weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Applicant shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval ofthis request is at discretion ofthe Town. 27. 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. 28. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Applicant representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Applicant's expense. 29. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 30. FIRE SPRINKLERS: This building is equipped with a fire sprinkler system. Any modifications to the interior may require modification of the fire sprinkler system. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 31. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke with of 0.5 inch {12.7mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC See. 505.1. 32. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply ofthe purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec 903.3.5 and Health and Safety Code 13114.7. 33. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification Sl-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. i ;:\DEV\COi J[. iTIT ;s\2017\N,' ': 17.5.C:xx J.~Laughlin 31 March 2017 (R3) Town of Los Gatos Community Development Depcrtment 110 E. Main Street Los Gatos. CA 95030 Re: J.McLQUQhOn Store 17 % North Santa Cruz Avenue, Los Gatos Conditional Use Permit (CUP)#: U-17-003 Sv~ect: Letter of Justificgtion god Project Description CUP Jl,lstification ~ Description Letter 03/31117 -R3 ·--··-· ------- MAY 1 n 2017 TO\NN OF LOS GATOS PLANNING DIVISION Thank you for the opportunity to review our CUP application and consider.our Company to be an integal part o f the Town of Los Gatos Downtown shopping community. I. Bcgnd Qveryiew; Two Brothers, Jay and Kevin, started J.Mclaughin In 1977. ThM' goal was to create a new American sportswear company bult on basic concepts: dassic clothes with a current relevance, sold in a friendly retail environment with a neighborhood feel. Their first store, on Manhattan's Upper East Side, set the tone for the J.Mclaugh&n brand's sub5equent development. Throughout the company's history, "it's always been more about style than fashion: straightforward. unpretentious clothing and accessortes that e ncourage a natural sense of ease and confidence. In their tinelessness, the deslgns are approochably. familiar but never dull. Even as they adapt to the times. they represent certain unchanging Ideals of the well-lived Rfe. J.Mclaugh&n collections originate In Greenpolnt. Brooklyn where they are designed and, to a smaUer extent, produced. Resonating with o traditional yet cfiscemlng cRent, the look can be described as innovatiVely nostalgic. No two stores are alike; instead they reflect the brand's respect for regJonal individuality, and each store's attentively designed Interior ls unique, reflecting the Town 's color, character, and Architecture. True to the vision of the Mclaughin Brothers, the stores have a wamily residential feel and exemplary customer seMce. weeing a good Neighborw is central to the Brand's approach to business, and J.Mclavghlin pu1s special value on beiig a welcome and active member of each Community in which it is bcised . Giving back to local communities is an fnportant port of the brand's DNA. Each year, over 500 local charity events are hosted tn J.Mclaughin's bouti que stores. II. CUP Judlficgtion: We are requesting the approval for a Conditional Use Permit to operate a retoH clothing store at 17 % North Santo Cruz Avenue. Los Gatos, due to the Formula designation of this business· having various stores throughout the Country. This CUP application is based on the following justifications: A) J.Mclaughlin offers the following to the local community: 1. The proposed use of this propertY is desirable to the public as described in the Brand Overview section above. J.Mclaughlin proyides a tailored store atmosphere, reflecting the Town's color, chaacter. and architecture. Offerlng wortd-class quality materials a l'ld c'°1hing trends th<;it ore unlquely distinguished to each store and the local cUentete it serves. Central to the Downtown Los Gatos community, J.McLaughrin store location ls encompassed by a diverse group of tenants such as restaurant, coffee shop, bank, furniture, Jewelry, theater, etc.; J.Mclaughln would be a great fd to complete and accompany the retoR offerings In the Downtown area. 2. The proposed use will not lmpai' the integrity or character of the zone. 3. The proposed use will not ·be detrimentol t o pubic health. safety or general welfare. 4. The Proposed use of the property is In harmony with the various elements and objectives of the Town's General Plan and the purpose of the Chapter. J . MclaughUn • 236 -250 Greenpolnt Ave., Bldg 5. ~ ·Aoor. Brooklyn, NY 11 222 EXHIBIT 5 .ti L a 0 li B) Breakdown of J.Mclaughlin Store areas: 1. Total Store area is 1.392 SF 2. Stock Room and Restroom area is 358 SF ~----- CUP Jush"ficafion & Description letter 03/31 /17 -R3 3. Sales Area (merchandise, dressing. and transactions) is 1034 SF 4. We hove also provided a floor plan identifying the proposed layout of the 1,392 SF space. with other noted areas such as restroom, display, and rear access area, including other information relevant for your approval. C) Maximum Hours of Operation: I. Monday thru Saturday (10:00 om to 8:00 pm) and Sunday (10:00 am to 6:00 pml 2. Operating Hours are consistent with adjacent stores in the Downtown area. 0) DeflVery Information: 1 . Deliveries will be received during normal business hours and be made by UPS; appro>Cimately 3 times per week. 2. Deliveries will occur through the rear door of the store near the storage area and the trucks will safely utilize the rear parking lot, driveway, and Ingress/egress points of the 8uUding. 3. Our delivery method hos been carefuly structured to minimize any impact on the other existing store tenants and to the overall traffic at rear of building. E) Employees: 1. We anticipate that our store will employ 3 to 4 people from the local community. 2. We are proud to be an equal opportunity employer and always strive to hire within ond support the local community we serve. F) Parking: I. Parking that serves the Building and its tenants, including J.Mclaughlln store encompasses both off-site pubic parking along North Santa Cruz as well as pubf'ic parking at rear of building, none of which are dedicated to J.Mclaughffn store. 2. The buUdlng's existing parking will be sufficient to meet the parking needs of J.Mclaughlin customers. J.Mclaughlin retal use will be replacing the prior tenant's retail Use, therefore there should be no Use Impact on the existing parlclng. 3. J.Mclaughlin's store location is situated near various public parking lots. Therefore, J.Mclaughlin customers will be able to utifize these nearby/ac:ijoc:ent parking spaces, lessening the need to utilize other spaces in more impacted tocotlons, such as· along North Santa Cruz Avenue. G) Customers: 1. The provided design within our 1,392 SF space. efficiently utilizes all arec:is and allows our customers full access to sale floor merchandise, as wel as privacy to try on clothing. 2. The design allows free movement throughout the space from entry to exit with plenty of natural and electrified lighting during operating hours. . 3. Existing aisplay areas wll continue to be utiized to provide outside downtown pedestrians visual representatton of the interior space and merchandise. HJ Project location: 1. J.MclaughRn offers a unique fine of clothing that fits the character and style of the community It serves. Located near a jewelry store, theater, and coffee shop lend well to the diversity of businesses that serve downtown visitor retail needs .. 2. J.McLaughUn is a retan clothing store that is replacing on existing retail store, therefore there should be no impact to the post Use of the space nor impact to traffic generated in the area. Ill. Project Descrjptlon: A) Project Summary: 1. Project 16cated at South end of the North Santa Cruz Avenue. ot address 17 1f.i North Sonta Cruz Avenue. Los Gatos. 95030. APN# 510-44-068 and CUP Application # U-17-003 within Zone C-2:LHP (Central Business Col'l'VTlercial District). J. M c laughlin • 23' · -250 Greenpo lnt Ave., Bldg 5, 2 rtr.l Floor. l roofdy "',. Y 11 "' J.~Laughlin CUP Justification & Description Letter 03/31/17 -R3 2. Project encompasses a 1,392 SF space with a Downtown exterior facing storefront. access to public downtown and rear site paking, dedicated existing restroom. and retail component accommodation. 3. Project improvements scope of work include Interior improvements to an existing space with new furniture, fixtures, equipment, and interior finish upgrades. Minor interior alterations sueh as lighting, electrical, etc, would be addressed through a building pennit submission, if J.McLaughlin decides to pursue this additional work. There will be no exterior improvements proposed for this project. 4. Previous use of space was a retail store !The Los Gatos Company), and the space has been unoccupied for a short time since that business closure. Existing space layout is currently open, resulting in minimal finish preparations and improvement impacts. as shown on the pr.ovided proposed floor plan. 5. Project proposes a continued retail Use which is allowable in a C-2 Zone, however since J.Mc:;Laughlin Is deemed as a Formula retail business. a CUP application is required and Is being submitted. As noted within our Brand Overview section above. each J.McLaughUn store has its own individual look and design to fit the character of the Town ·and local clientele it serves, lending to J.Mclaughlin's boutique and local business feel contrasted by the standard and templated retail business look found with other Formula companies. B) Plans provided include the following: · 1. AO {General Information -Cover Sheet): Noting project location, sheet index, building type, area, code references I values, and project contacts. 2. A 1 (Existing Floor Plan): Noting existing floor plan. 3. A2 (Proposed Aoor Pion): Noting proposed layout of store functions and areas. including retail fixtures. casework. and furniture placement i"I space. IV. Summary; We at J.McLaughfin are pleased and honored to present this exciting new project to the Town of Los Gatos. We strongly beleve the Town and su1rounding community wilt benefit from an approval of our requested Conditional Use Permit and we trust that our submission will satisfy the Town's requirements. We are excited to move forward with this project through the review and approval process and inevitably by establishing our business in the Downtown area. Please feel free to contact us or the Project Applicant, Dan Cuschierl. with any ques1ions . Sincerely, Mory Bien Co Chief Executive Officer J. Mclaughlin • ·23' -250 Greenpoint Ave .• Bldg 5, 2nd Floor, ISrooldyn. NY l 1222 This Page Intentionally Left Blank J ~Laughlin 30 May 2017 Town of Los Gatos Community Development Department 11 o E. Main Street Los Gatos, CA 95030 Re: J.M~Laugblln CUP Application (U-17-003) 17 ¥.z North Santa Cruz Avenue. Los Gatos Subject: Retail Neighbor Responses Letter RetoH Neighbor Responses Letter 05/~/17 Please find below local downtown retail business (neighbor) responses for your review and Inclusion into our CUP application. These responses are overwhelmingly positive as the local community seems very enthusiastic to welcc>me J. Mclaughlin as a new retail clothing business in Downtown Los Gatos. Business Ngme: LG Coffee Roasting Company Address: 101 W. Main Street, Los Gatos. CA 95030 Phone: 400-354-3263 Contact Teri Hope, Owner Response: "Would odd to our retail community's vitality and provide a good mix of retail" Business Name: Cherie Rose Collection Address: 40 N. Santo Cruz Ave, Los Gatos. CA 95030 Phone: 40&-395-5445 Contact: Carleen Clarlc. Owner I Owner's Daughter Response: 11 We have been here 20 years, and we would be happy to have you in the community and ore more than happy to help support your new business/ presence here in any way that we can. You're in great locations in California, especially Carmel. Your presence here would be wonderful for the area and a perfect fit." Business Name: Azuca Home Address: 11.5 N. Santa Cruz Ave, Los Gatos. CA 95030 Phone; 408-395-1680 Contact Amy rosnacht, Owner Response: "My first /main comment is that it would be great to have the space filled." She wonts to look at our website and call back with more detail. Business Name: Pizza My Heart Address: 9 N. Santo Cruz Ave, Los Gatos, CA 95030 Phooe:408-395-8834 Contact: Becka Taylor Response: "Sounds like something different. Would be great to have a new option on the street for -even just the benefit of window shopping and the feel of the street" Business Nome: Yellow Brick Road Jewelers Address: 17 N. Santa Cruz Ave, Los Gatos. CA 95030 Phone: 408-395-9225 Contact: Gary Shapcaro. OWner Response: Would be good to have a clothing retailer in the space-especially ladies. Have been in the community for 38 years"and in current location for 27, since the earthquake, and have seen a lot of change. Best of luck to you-we hope to meet you and look forward to having the space filled." J. McLaughlin • 234 -250 Greenpolnt Ave .. Bldg 5. 2m1 Floor, Brooklyn. NY I 1222 J.~Laughlin Business Ngme: Amour Patisserie Address: 13 N. Santa Cruz Ave, Los Gatos, CA 95030 Phone: 408-402-3689 Contact: Tony Miller. Owner Retail Neighbor Responses Let ter 05/~/1 7 Response: "Having someone unique, new, and different in there would be great. Sounds like your company would be a perfect fit for our street. but just getting anything in t here that's new and different out here, will be great. We hope you open here. Best of luck to you." Business Name: Benefit Cosmetics Boutique and Brow Bar Address: 7 N. Santa Cruz, Los Gatos. CA 95030 Phone: 408-399-4442 Contgct: Raelene, Manager Response : "It's a really nice street. and we would be happy to have you on it , as well" Business Ngme: Gymboree Adcires s: 5 N. Santo Cruz Ave, Los Gatos, CA 95030 Phone: 408-399-0556 Contact: Angi Cucco. Store Manager Resoonse: "Would provide refreshment in our retail environment to have your brand in the mix -will be especially nice to have the men's clothing option-would really benefit the area ." Business Name: Abeo Address: 1 N. Santa Cruz Ave, Los Gatos, CA 95030 Phone: 408-395-1526 Contact: Joe Cattlvera. SVP of Real Estate Response: Not Reachable. Left a message for Joe (310-546-7433) Business Name: Blue Mercury Address: 11 N. Santa Cruz Ave. Los Gatos, CA 95030 phone: 408-354-4900 / 1-866-689-2583(BLUEI Contact: Not Available Response: Not Reachable. Deferred to Corporate number with no response. Please feel free to contact us or the Project Applicant. Dan Cuschieri, with any questions regarding this document or any other items submitted to date. Again, thank you for this opportunity to have this CUP application be considered for approval. Sincerely. 2 .J . McLaughlin · 23 6 ,, 250 Greenpo1nt Ave., Bldg 5, 2'"' ~l oo~, Bmok lyn, NY "! l'-'.2 • i . 0) Town of Los Gatos Location of Formula R.£ta1l BUSJnesses m the C·2 Zone 1 White HDuse/8lack Market 2 Ch1co. J Talboh 4 81ntn1 .~ubllc (Wcmen) 5 81n1n1 Repubbc {Men) 6 Gap/Gap Baby/Body 7 AnthrDpolo11e a Papyrus ' SUrli Table fO Title 9 Sports tf W1Uiarns·Sanoma 12 Restoration H1n!wue 13 GymborE>e 14 Appl• 15 J er- 16 LUC)' 17 JosA lltnk 11 P~1nnaa lntesrabV1! 19 Fnncesoa's Collection 20 Cal1fomt• Closeu 2 1 Mtk•s B1kes 22 leneflt 23 8iue ntus1on 24 We Obve 25 lolb and Pops 26 J Mclau~hbn (pend1n1I -ciz- :--i--A L_J M Sont& CNzAvo froln """"'"' t ta-.,... :R r-iw.-• L__J • -Cru•Ave tt-mMlltl Sin« t.. llofmil --c -u... ... Unr~A---ow--.· [--1--0 _ _,, -·-Cfu•A-D M-1 .... ar.et tt111t •fknta Cni1 AYmUI- 0 ' . ·•· s 1211 21141 4IO no I ' PUBLIC COMMENT Public comments received between 11:01 a.m., Friday, June 9, 2017 and 11:00 a.m., Friday, June 23, 2017 NONE EXHIBIT? This Page Intentionally Left Blank SHEET INDEXREGULATORY AGENCY INFORMATIONBUILDING CODE ANALYSIS AND CODE NOTESVICINITY MAPAERIAL MAPNORTHNORTHEXHIBIT 8 73'-134"67'-9"19'-634" 19'-113 4" STORE FRONT100SALES 101DISPLAY102DISPLAY103RESTROOMHATCHED AREANOT IN SCOPE104ENTRY/EXITNORTH 30"X48" CLEAR48"X48" CLEAR30"X48" CLEAR60" DIA CLEAR100SALES101DISPLAY102DISPLAY108STOCK ROOM103RESTROOM101ENTRY/EXIT105FITTING ALCOVE106FITTING ALCOVE107ACCESSIBLE FITTING ROOMCASE ACASE BBACKWRAPCASE A CASE ACASHDESKHANGER HANGER CASE A CASE ACASE BCASE BCASE BCASE B CASE BCASE ACASE ACASE ACASE ACASE A CASE A CASE ACASE B DISPLAY DISPLAYSEATING AREAMNGR'S DESKSTOCKCASE B CASE B MIRRORFURNITUREFURNITUREBENCH73'-134"67'-9"19'-634" 19'-113 4" STORE FRONT100SALES 101DISPLAY102DISPLAY103RESTROOMHATCHED AREANOT IN SCOPE104ENTRY/EXITNORTH