35 N. Santa Cruz Ave - Staff Report & Exhibits 1-9PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
APPLICATION SUMMARY :
RECOMMENDATION:
PROJECT DATA:
CEQA:
Erin M. Walters, Associate Planner
ewal ters @ losgatosca. go v
Conditional Use Permit Application U-15-014
ITEM NO: 6
35 N . Santa Cruz Avenue (Located on the west side ofN. Santa
Cruz Avenue, 130 feet south ofW. Main Street)
Sean McLoughlin
Kilkenny Properties, LLC
Requesting approval to operate a formula retail store with a
restaurant component (Lolli and Pops) in a commercial space
currently occupied by a retail store with a restaurant component
(Powell 's Sweet Shoppe) on property zoned C-2 . APN 510-44-
032.
DEEMED COMPLETE: December 2, 20 15
FINAL DATE TO TAKE ACTION: June 2 , 2016
Approval, subject to conditions.
General Plan Designation: Central Business District
Zoning Designation: C-2 Central Business Di strict
Appli cable Plans & Standards: None
Parcel Size: 15 ,286 sq. ft.
Surrounding Area:
____________ l_ Ex_i~!.!~g_:h~~~-~~~-.... ! .. _g_~Q~~!_R~-~~--------------·---J __ ?;_~-~~~-g---~---
North I Commercial l Central Business District C-2
West J Private School I Medium Density___ R-ID:PD
! I Residential
__ §~u!~j __ Co~-~~-~_l__ _______ !_g~~!~al Busin_~s~_pj~£ict _g_~~---~~
East I Commercial ! Central Business District C-2:LHP
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 1530 I: Existing Facilities.
Planning Commission Staff Report -Page 2 of 7
35 N. Santa Cruz Avenue/U-15-014
January 13, 2016
FINDINGS:
CONSIDERATIONS:
ACTION:
EXHIBITS:
BACKGROUND:
• 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.
• As required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets
the use set forth in the Town 's General Plan.
None.
The decision of the Planning Commission is final unle ss
appealed within ten days.
1. Location Map
2. Required Findings (two pages)
3 . Recommended Conditions of Approval (two pages)
4. Letter of Justification/Project Description (three pages),
received December 2015
5. Map of Formula Retail Businesses (one page)
6 . Letter of Outreach Conducted (one page), received December
2,2015
7. Public Comment (one page), received December 29, 2015
8. Existing CUP Conditions of Approval (one page)
9. Development Plans (two pages), received December 8, 2015
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, decor, uniforms, architecture, colors , signs or other similar features. Town Code
Section 29.20.185 requires a Conditional Use Permit (CUP) for a formula retail business of any
size in the C-2 zone. The proposed business, Lolli and Pops, is a formula retail business and
requires a CUP.
The 1 ,927-square foot tenant space is located on the west side ofN. Santa Cruz , 130 feet north of
W. Main Street. The existing use is Powell 's Sweet Shoppe, a retail candy shop. Powell's
Sweet Shoppe is currently a formula retail business; however, when Powell 's opened in Jul y of
2006 they were not classified as formu la retail business because only three Powell 's Sweet
Shoppes existed at that time. In December of 2006 a CUP was approved for the tenant space to
allow a restaurant in conjunction with retail sales, allowing the sale of ice cream and gelato with
Planning Commission Staff Report -Page 3 of 7
35 N. Santa Cruz Avenue/U-15-014
January 13 ,2016
the existing retail candy store (Exhibit 8). The CUP specified a small portion of the tenant 's
space (20 square feet) for the restaurant portion of the business.
The applicant (Lolli and Pops) is a formula retail store selling candies, confections, and hand-
made truffles with a restaurant use component serving gelato. The proposed use is similar to the
existing Powell 's Sweet Shoppe use. Town Code Section 29.20.185 requires a CUP for a
restaurant use in the C-2 zone. The proposed restaurant use would be limited and conditioned to
sale and service of gelato in a small portion of the tenant 's space (see Condition 4 , Exhibit 3).
This application includes no exterior modifications. The applicant plans on applying for an
Architecture and Site Application for exterior modifications in the future which would require
Historic Preservation Committee and Planning Commission review.
PROJECT DESCRIPTION:
A. Conditional Use Permit
When reviewing a Conditional Use Permit, 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.
B. Location and Surrounding Neighborhood
The project site is located on the west side ofN. Santa Cruz Avenue, 130 feet south ofW.
Main Street
C. Zoning Compliance
A formula retail use and restaurant use are permitted in the C-2 Zoning District subject to
the approval of a Conditional Use Permit.
ANALYSIS:
A. Project Summary
Lolli and Pops is requesting to operate a formula candy retail business with a restaurant use
component selling and serving gelato. A majority of the I ,927 -sqaure foot tenant space is
proposed to be dedicated as retail space with candies and packaged confections (Exhibit 9).
Planning Commission Staff Report -Page 4 of 7
35 N. Santa Cruz Avenue/U-15-014
January 13 , 2016
Approximately 12 -square feet will be dedicated to gelato service. The applicant is
proposing to operate fromlO :OO a .m . to 10:00 p.m. seven days a week.
Exhibit 4 describes the proposal further and provides the applicant's justification for the
proposal.
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. When Powell 's Sweet Shoppe opened in
2006 it was not a formula retail business; however, Powell 's Sweet Shoppe has become a
formula retail business. The applicant, Lolli and Pops will be the eleventh formula retail
business located within subarea B (Exhibit 5).
The General Plan states that retail uses should be emphasized in the Central Business
District where the subject space is located. Lolli and Pops has 20 stores nationwide, with
five locations throughout California. Lolli and Pops would continue to contribute to the
retail mix in the Central Business District as it is a similar use to the existing use.
Note: Lolli and Pops is the franchisor and Powell's Sweet Shoppe is the franchisee. Lolli
and Pops merged with Powell's Sweet Shoppe in 2014.
C. Restaurant
A CUP is required for the proposed ancillary restaurant use (gelato sales) of the formula
retail business. In the C-2 Zoning District a restaurant use requires a CUP. In 1996, a
Planning Department policy was adopted to provide clarification on when a business is
specialty retail or restaurant. Pursuant to the current policy, a specialty retail business is
limited to "a business which offers pre-packaged foods (e.g. pre-made sandwiches, candy,
donuts, and other bakery items, frozen pizza to go , bagels without condiments, etc.)"
The same policy defines restaurants to include businesses offering food or drinks that are
ordered by a customer and prepared while the customer waits. Examples these types of
these types of businesses provided in the policy include ice cream and yogurt businesses.
All ice cream and yogurt shops in Town have been required to obtain a CUP.
Pursuant to the current policy proposed ancillary gelato sales would be considered a
restaurant use and require a CUP. In December of2006, a CUP was approved for the
tenant space to allow a restaurant in conjunction with retail sales, allowing the sales of ice
cream and gelato within the existing retail candy store. The CUP specified a small portion
of the tenant's space for the restaurant portion of the business as does the proposed use.
Planning Commission Staff Report -Page 5 of 7
35 N. Santa Cruz Avenue/U-15-014
January 13,2016
D . Parking and Traffic
The previous retail use and the proposed formula retail use have the same parking and
traffic generation rates, therefore , neither parking nor traffic will be impacted by the
proposed application.
E. General Plan
The goals and policies of the 2020 General Plan applicable to this project includes but is
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 to preserve the small-
town atmosphere.
• Goal LU-10-To preserve Downtown Los Gatos as the historic center ofthe 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 th e adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
G. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be permitted in th e Central Los Gatos Redevelopment Project Area.
The subj ect property is designated commercial and , per the Redevelopment Plan, shall be
used for the general commercial uses set forth and described in the Town 's General Plan.
The proposed use falls under general commercial uses.
H. Conditional Use Permit
In order to grant approval of a Conditi onal Use Permit for the proposed Formula Retail
Business and ancillary restaurant (gelato sales), 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
Planning Commission StaffReport-Page 6 of7
35 N. Santa Cruz Avenue/U-15-014
January 13, 2016
(2) The proposed use will 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 ofthe property are 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 would be considered desirable in that the
candy retailer is replacing an exi sting candy retailer within the Central Business District
and provides a necessary convenience to the community. As required by finding two , the
proposed application will continue to provide an existing use and will not take away from
the retail oriented focus of the Central Business District. In regards to the third finding, the
formula retail business will not be detrimental to public health, safety or general welfare.
In regards to the final finding, the proposed use is in harmony with the General Plan and
Town Code as addressed in the preceding discussion.
PUBLIC COMMENTS:
The applicant has contacted neighboring tenants and advised them of the proposed tenant change
(Exhibit 6).
Staff has received an email from Larry Arzie a downtown property owner, who has concerns
with the proposed restaurant use component (gelato sales) of the proposed formula retail store
(Exhibit 9).
SUMMARY AND RECOMMENDATION:
A. Summary
The applicant is proposing to operate a formula candy retail shop with an ancillary
restaurant use for sales and service of gelato within the existing tenant space that has the
same use. Traffic and parking will not be impacted by the proposed use.
B. Recommendation
Based on the analysis above, staff recommends approval ofthe Conditional Use Permit
subject to the recommended conditions of approval (Exhibit 3). If the Planning
Commission finds merit with the proposed project, it should:
1. Find that the proposed project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California Environmental Quality Act,
Section 15301: Existing Facilities (Exhibit 2); and
Planning Commission Staff Report -Page 7 of 7
35 N. Santa Cruz Avenue/U -15-014
January 13 , 20 16
2. Make the required findings as required by Section 29.20.190 of the Town Code for
grantin g approval of a Conditional Use Permit (Exhibit 2) (Note: if the application
is approved the findings for denial will b e removed); and
3. Make the required finding as required by Section IV.B of the Redeve lopment Plan
for the Central Los Gatos Redevelopment Project that it meets the uses set forth in
the Town 's Ge neral Plan (Exhibit 2); and
4. Approve Conditional Use Permi t application U-15-0 14 with the condi ti on s
contained in Exhibit 3.
If the Commi ssion has concerns with the propo sed use, it can:
1. Continue the matter to a date certain with s pecific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application and make the required findings for denial (Ex hibit 2) (Note: if
the application is denied the provided findin gs for approval would b e removed from
Exhibit 2).
~~-·~/'< ~-~
I ~ Prepared b y: ;\ppro ved b y:
Erin Walters 11Joe1 Paulson, AICP
Associate Planner Interim Co mmunity Development Director
JSP:EMW:sr
cc: Sean McLoughlin, 4 9 Powell Street, 61h Flo or, San Francisco, CA 94102
Kilkenny Properties, LLC, 34 W. Santa C lara Street, San Jose, CA 95113
N:\OEV\PC REPORTS\20 16\NSC 35 • CU P.docx
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35 N Santa Cruz Avenue
0
JEXHIBIT 1
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PLANNING COMMISSION -Janua ry 13, 2016
REQUIRED FINDINGS:
35 N. Santa Cruz Avenue
Conditional Use Permit Application U-15 -014
Requesting approval to operate a formula retail store with a restaurant component (Lolli and
Pops) in a commercial space currently occupied by a retail store with a restaurant component
(Powell's Sweet Shoppe) on property zoned C-2. APN 510-44-032.
PROPERTY OWNER: Kilkenny Properties, LLC
APPLICANT: Sean McLoughlin
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301 : Existing Facilities.
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 authori zed by the provisions of the Town Code if it finds that:
( 1) The proposed u se of the property is essential or desirable to the public convenience or
welfare in that the candy retailer is replacing an existing candy retailer within the Central
Bus iness District and provides a necessary convenience to the community; and
(2) The proposed use will not impair the integrity and character of the zone in that the proposed
application will continue to provide an existing use and will not take away from the retail
oriented focus of the Central Bu si ness District; and
(3) The proposed use would not be detrimental to public health, safety, or general welfare in that
the proposed permit conditions regarding operating hours, and use will mitigate potential
impacts; and
( 4) The proposed use of the property is in harmony with the various elements or objectives ofthe
General Plan and Town Code.
Required findings for Denial of a Conditional Use Permit for a Formula Retail Business:
• The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional
use permit for a formula retail or personal service business if any of the following findings are
made:
(1) The proposed u se of the property is not in harmony with specific provisions or objectives of
the general plan and the purposes of this chapter;
EXHIBIT 2
(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 stan dards
including uses that promote continuous pedestrian circulation and economic vitality.
Required fmding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
• That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (Section IV .B) in that the subject property is designated commercial
and the proposed use falls under general commercial uses.
N :\DEV\FINDINGS\20 16\NSC-35.DOC
PLANNING COMMISSION -January 13, 2016
CONDITIONS OF APPROVAL
35 N. Santa Cruz Avenue
Conditional Use Permit Application U-15-014
Requesting approval to operate a formula retail store with a restaurant component
(Lolli and Pops) in a commercial space currently occupied by a retail store with a
restaurant component (Powell's Sweet Shoppe) on property zoned C-2. APN 510-44-
032.
PROPERTY OWNER: Kilkenny Properties, LLC
APPLICANT: Sean McLoughlin
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 listed below, in substantial compliance with the approved
plans. Any changes or modifications made to the approved plans shall be approved by
the Director of Community Development, the Development Review Committee, the
Planning Commission, or Town Council, depending on the scope of the change(s).
2. EXPIRATION OF APPROVAL: The Conditional Use Permit will expire two years
from the date of approval , unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. HOURS OF OPERATION: Maximum hours of operation shall be 10:00 a.m. to I 0:00
p.m. seven days a week.
4. APPROVED USE: The approved use is for a formula retail store in conjunction with
the sale of gelato without commercial cooking facilities or equipment. One gelato case
is permitted as shown on the approved floor plans. The gelato use shall not expand
into the retail space without approval of a modification of the Conditional Use Permit.
5. SEATS: No seating is permitted.
6. ENTERTAINMENT: Live entertainment is not allowed.
7. TAKE-OUT CONTAINERS: Any take-out food shall be served in recyclable
containers.
8. 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.
9. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to
commencement of u se.
I 0. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of
use .
11. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the
hours of8:00 a.m. to 5:00p.m.
I2. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
EXHIBIT 3
1
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencement
of use and/or iss uance of building permits.
13 . 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\C ON DITIONS\2 0 16\NSC-35.doc
2
,,
Lolli AND 'Popb
October 27, 2015
Revised: December 4, 2015
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
RE: Conditional Use Permit
35 North Santa Cruz Avenue ,
Los Gatos, CA 95030
To Whom It May Concern,
RECEIVED
~-\'?-{)\ 1
DEC 08 2015
TO'AIN O F LOS G ATO S
PLANI'JING DI VIS ION
I am writing to request consideration for a conditional use permit to allow Lolli and Pops, by your
definition a formula retailer, to occupy and do business out of the building located at 35 North Santa
Cruz Avenue. The current business at that address, Powell's Sweet Shoppe, is also a candy retailer. We
strongly believe the transition, due to similar types of retail sales, will be seamless and a continued
benefit to the community.
Lolli and Pops is a premium purveyor of candies and confections. Each store is individually developed to
provide customers with a delightful shopping experience enhanced by the emotional benefits of the
unique products and first-class service. The selection of sweets from around the globe is sourced from
famed producers as well as local artisans resulting in a diverse and ever-changing collection not found
anywhere else. From the assortment of hand-made truffles to the bins full of colorful bulk sweets to the
shelves of packaged confections from around the world Lolli and Pops is sure to have something for
everyone.
With strong, well-rounded, and dedicated leadership Lolli and Pops is a desired brand in the sweets
space and maintains strong local connections and intimate customer experiences. CEO Sid Gupta, a
California native, and President Bear Silber, a Los Gatos native, take a unique approach to design and
hands-on market research in order to bring joy to customers-adults and children alike.
The proposed project meets the findings required to grant approval of a conditional use permit for a
formula retail business :
i. The proposed uses of the property are essential or desirable to the public convenience or welfare;
a. As noted previously, Lolli and Pops is a premium retailer offering exceptional service and
a unique collection of products not available elsewhere. We strongly believe the
transition from the current candy retailer occupying the space to Lolli and Pops will be
seamless and result in a continued benefit to the community.
ii. The proposed uses will not impair the integrity and character of the zone;
a. The interior finishes, fixtures, and merchandising displays are designed in detail to not
only be esthetically pleasing , but also highly functional and easy to use . This ensures the
cu stomer a convenient and first-class shopping experience. We look forward to working
closely with the local planning department and surrounding community members to
guarantee the proposed changes are in line with the current vision for the area and will
fit well with the existing character and integrity found among our neighboring retaile rs.
EXHIBIT 4
...
iii. The proposed uses would not be detrimental to public health safety or general welfare;
a. There is nothing within our proposed business model, buildout, or store operations that
we understand to be detrimental or harmful to the health, safety, or general welfare of
the customer or the surrounding area, in general.
i v. The proposed uses of the property are in harmony with the various elements or objectives of the
general plan and purposes of the town code.
a. As previously noted, we strongly believe the transition from the current candy reta ile r
occupying the space to Lolli and Pops will be seamless and result in a continued benefit
to the community. We look forward to working with the planni ng department and
surrounding community to ensure any proposed changes are in line with the ~eneral
plan for the area.
Lolli and pops currently has 20 stores open nationally with 1 add itional location to be opened by the end
of 2015. Of those stores, there are currently 5 retail stores located in California . The re are no Lolli and
Pop s currently open outside of the United States of America .
We look forward to adding to the rich culture and history already exis ting in the los Gatos community.
Please do not hesitate to contact me w ith any questions or concerns you may have.
Sincerely,
I ~ean Mcloughlin
S,enior Construction and Maintenance Manager
LoUi AND 'Po ph
October 27, 2015
Revised : December 4, 2015
Town of Lo s Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
RE: Conditional Use Permit
35 North Santa Cruz Avenue,
Los Gatos, CA 95030
Written Description of Proposed Project
RECeiVED
tA-16 01'-\-
DEC 08 2015
TOWN OF LOS GATOS
PLANNING DIVISION
Th is p r oject will involve the conversion of the ex ist i ng candy reta i ler (Powell's Sweet Shoppe) into a Lolli
a nd Pops retail candy store. This w ill involve modifications to the front of house sa les area including:
new merchandise fixtures, new truffle display fi x tures, new beverage coolers, and new finishes. The
existing g e lato se rvice will remain but will be relocated to a new locatio n within the space.
Th e hours of operation would be :
• Seven days a week 10:00AM-10:00PM
We would emp loy 15-20 community members at this location with 2-6 employees on staff at one time.
Product Description :
• Candy:
o Bulk
o Prepackaged
o Truffles (ca se is 11.25 square feet)
• Gelato service (case is 11.25 square feet)
Pick up/ Delivery Schedule:
• 3 -4 times per week
• Between the hours of 8:00AM and 5:00PM
• Taking place at rear door accessed via Victory Lane
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M
I
~
Town of Los Gatos
Location of Fo rmula Retail
Bu si nesses In the C-2 Zone
I White House/Slack Mart<et
2 Chlcos
l Talbot's
4 t anana Republic (Women)
s t anana Republic (Man)
6 Gap/Gap Babyl8ody
7 Anthropolosle • ,apyrus
9 SUr La Ta ble
10 Title 9 Sports
11 Willia ms· Sonoma
12 Restorat ion Hardware
1l Gymboree
14 Apple
15 J . Crew
16 lucy
17 Jos A. Bank
I I l'hlnnaca lnteeratlw
19 Francesca's Collection
20 California Closets
21 Mike's Bikes
22 Benefit
2l atue ntuston
24 We Olive
-+2s SUbject Site
• l"roposed: Lolli and ,OilS
• Curnntty ,_fs Sweet Shoppe
26 Blue!Mrcufy
27 CllckAway
-C·lZDM
DS..V..A:
M. Sa ... c .... Aw. 1-tltthw., t ~ .. ,._ St. o .. -.,
M. SaM~ CNZ Aw. fi"MMI *" SttM4: te a.,ce St. o s..-c: -Uses .. U..-.!ty A-(Molo4r 014 -)
0 ,..-o,
s.uth SaMe Crvz AWMte o .. -,,
Mttn Street ••t efSIMe Cnn: ,...,._
·•· s
120 240 4tO 720
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LoUi AND 'Pop!>
December 4, 2015
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
RE: Conditional Use Permit
35 North Santa Cruz Avenue,
Los Gatos, CA 95030
To Whom It May Concern,
On Wednesday, the 25th of November, Neil Knott toured the stores neighboring 35 North Santa Cruz
Avenue to advise that the current tenant, Powell's Sweet Shop pe, will be transitioning to Lolli and Pops.
There were no nega tive reactions received; many expressed the opinion that the new name was cute.
Businesses Contacted:
Lisa T Fine Jewelry
41 North Santa Cruz Avenue
Contact: Li sa
LIV La Vie
40A North Santa Cruz Avenue
Contact: Karen Giordano
Haute Brid e
40B North Santa Cru z Ave nu e
Contact: Sara Bi ron
Fleur De Cocoa
39 North Sa nta Cruz Avenue
Contact: Greg Johnson
The Rose Collection
38 North Santa Cruz Avenue
Contact: Carlene/ Cherie
Petroglyph
37 North Santa Cruz Avenue
Contact: Jennifer Rubin
Little Black Dress
36A North Santa Cruz Avenue
Contact: Jennifer Kroll
M aids Quarters
36B North Santa Cruz Avenue
Contact: Claudia Mann
Butter Paddle
33 North Santa Cruz Avenue
Contact: Mary Ann Rockovitch
Sierra Toy Soldier
31 North Santa Cruz Avenue
Co ntact: Evan Bon Donno
Azadeh Couture
25 North Santa Cruz Avenue
Contact: Debbie Ammirha ssein
EXHIBIT 6
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From: Larry Arzie [mailto:larryarzie@gmail.com]
Sent: Tuesday, December 29, 2015 3:37 PM
To: Planning
Subject: U-15-014
Att: Planning Commission
RECEIVED.\~ \A.-v; ... ~, 61'"
DEC ? 9 2015
TOWN OF LOS GATOS
PLANNING DIVIStmJ
When the original store moved in I was concerned about the image it would give our upscale
street. Since that time other operations have moved in that mirror this taste and
merchandising. Now there is no turning back. Support them or loose them as they are now a part
of the fiber of the CBD.
The image of the street now attracts a demographic,
catering primarily to non-residents. The decision in my mind is
is do we now support this change or attempt to temper it.
To review the history of this operation it moved in without a CUP
only because it was the 2nd or 3rd store by that name at that time.
More were on the drawing board, which points out a flaw in our
Chain Store ordinance. If the parent company planned on selling a lot of franchises it should
have been classified as a Chain Store.
Would we have issued a CUP for them if not for the loophole,
I doubt it. At the last minute the original store installed a restaurant component (ice
cream/gelato). You know the story from there.
It would not be unreasonable for you to deny the Restaurant Use or gelato portion of this
franchise operation as it was not part of the original business license permit to begin with. Or
should I say a questionable part. This might save the sidewalks from being sticky at this area of
the street, but no from the package wrappers.
There is no doubt that the CBD has turned into an entertainment district. We are even making it
easier to facilitate CUPs for restaurants components thereby adding to
intensification/traffic/parking or plain old overuse of the district. These seemingly minor CUPs
often turn into full fledge restaurants. I.E: Mexican restaurant on Main St.
Larry Arzie
EXHIBIT 7
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RECOMMENDED CONDITIONS OF APPROVAL FOR:
35 N. Santa Cruz Avenue
Conditional Use Permit U-07-4
Requesting approval to operate a restaurant in conjunction with retail sales (Powells Sweet
Shoppe) on property zoned C-2. APN 510-44-032.
PROPERTY OWNER: Ritchie Asset Mgmt Co
APPLICANT: Knott Family Restaurant/Neil Knott
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 listed below and in substantial compliance with the plans approved. Any
changes or modifications made to the approved plans shall be approved by the Director of
Community Development, the Development Review Committee or the Planning
Commission, depending on the scope ofthe change(s).
2. EXPIRATION: Zoning 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. BUSINESS OPERATION. This approval is for the sale of ice cream and gelato in
conjunction with a specialty retail store. One ice cream/gelato case is permitted as shown
on the approved floor plans. The ice cream/gelato use shall not expand into the retail space
without approval of a modification of the Conditional Use Permit.
4. HOURS OF OPERATION. Maximum hours of operation shall be from 10 AM to 11 PM
seven days a week.
5. SEATS . The maximum number of seats shall not exceed four. No outside seating is
permitted
6. RECYCLABLE MATERIALS . The restaurant shall utilize recycled products whenever such
a product is available.
7 . LITTER. Employees of the business shall monitor the public right of way adjacent to the
business and pick up debris relating to the business.
N :\DEV\CONDITNS\2006\3 Snsc. wpd
EXHIBIT 8
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N
PROJECT
& SITE PLAN
INFORMATION
PR0.0SITE PLAN 1/16"=1'-0"
-1 TBDTBDSPACE#TBD35NORTHSANTACRUZAVENUELOSGATOS,CA95030L15003DRMJBQPURVEYORS of SWEETNESS
AND
AND2145 Ford Parkway, Suite 301
Saint Paul, Minnesota 55116
651.690.5525
www.finn-daniels.com
SCOPE OF WORK
PROJECT INFORMATION
VICINITY MAP N
KEY PLAN
LEVEL: 1 OF 1
N
N
PROPOSEDFLOOR PLAN
PR0.1
FIXTURE SCHEDULE
PROPOSED FLOOR PLAN 1/4"=1'-0"
-1
KEY FIXTURE KEY FIXTURE
TBDTBDSPACE#TBD35NORTHSANTACRUZAVENUELOSGATOS,CA95030L15003DRMJBQPURVEYORS of SWEETNESS
AND
AND2145 Ford Parkway, Suite 301
Saint Paul, Minnesota 55116
651.690.5525
www.finn-daniels.com
PROJECT INFORMATION
7. GROSS AREA:
BREAKDOWN:
1. SALES AREA:
6. STOCKROOM:
AREA
(SQ. FT.)
OCCUPANT
LOAD FACTOR
OCCUPANT
LOAD
2. ENTRY VESTIBULE (EXT.):
3. TOILET ROOM:
4. OFFICE:
5. STAIRWAY/REAR EXIT:
FIRE DEPARTMENT NOTES