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
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SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003
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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 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
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SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003
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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.
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SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003
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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.
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SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003
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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.
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SUBJECT: 17½ N. SANTA CRUZ AVENUE/U-17-003
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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
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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.
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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
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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-
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1211 21141 4IO no
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'
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?
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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