16 Staff Report - 20 S. Santa Cruz Ave
DATE: TO: FROM: SUBJECT: MEETINGDATE: 4/05/04 ITEM NO. '6 COUNCIL AGENDA REPORT March 25,2004 TOWN ---CONSIDER AN APPEAL OF A G COMMISSION DECISION
DENYINGAN APPLICATION TO CONVERT A PORTION OF A FORMER '. RESTAURANT (SWENSEN'S) TO ANOTHERRESTAURANT USE (COLD STONE CREAMERY) ON PROPERTY ZONED C-2. APN 510-45-075 CONDITIONAL USE
PERMIT U-04-8 PROPERTY LOCATION: 20 S. SANTA CRUZ AVE PROPERTY OWNER: PARK ROW EAST APARTMENTS, LTD APPLICANTIAPPELLANT: CATHERINE G. ASBUN RECOMMENDATION: 1. Open and hold the public
hearing and receive public testimony. 2. Close the public hearing. 3. Uphold the Planning Commission's decision to deny the Conditional Use Permit. 4. Refer to the Town Attorney for
the preparation of the appropriate resolution. If the Town Council determines that the Planning Commission's decision should be reversed or modified: .1. The Council needs to find one
or more of the following: (1) Where there was error or abuse ofdiscretion on the part ofthe Planning Commission; or (2) .The new information that was submitted to the Council during
the appeal process that was not readily and reasonably available for submission to the Commission; or PREPARED BY: . Bud N. of Community Development
\--.J N:\DEV\SUZANNE\Council\ReportS\Fwd. to TC\20SSC-ColdStonc.wpd Reviewed by: .Town Manager __Clerk__Finance __Commumty Development
3/25/04 4:33 pm Reformatted: 5/30/02 j I ,, '..
PAGE 2 ' SUBJEOT: APPEALOF PLANNINGCOMMISSIONDECISIONDENYINGANAPPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHER RESTAURANT
USE (COLD STONE CREAMERY). CONDITIONAL USE PERMIT U-04-8. March 25, 2004 (3) An issue or policy over which the Commission did not have discretion to modify or address, but which is vested
in the Council for modification or decision. 2. If the predominant reason for modifying Or reversing the decision of the Planning Commission is new infonnation as defined in Subsection
(2) above, it is the Town's policy that the application be the Commission for review in light ofthe new unless the new infonnationhas a minimal
effect on the application. 3: Ifthe appeal is approved, make the findings (Attachment 2) for the granting of a conditional use pennit, and approve the application subject to the conditions
in Attachment 3. 4. Refer to the Town Attorney for preparation of the appropriate resolution. BACKGROUND Swensen's Ice Cream closed in July 2003 and the tenant space is currently vacant.
The owner of Lyndon Plaza has split the floor area into two tenant spaces (identified as suites 200 and 201 on the plans). The applicant is requesting approval ofa Conditional Use Pennit
(CUP) to occupy suite 201 (1,296 square feet in area) with a new ice cream store. Suite 200 (1,239 square feet) is vacant. The Planning Commission considered the application on February
11,2004 and denied the CUP. The applicant appealed the Commission's decision on February 23,2004 (see Attachment 1). DISCUSSION: Project Summary The applicant is requesting approval
to operate a Cold Stone Creamery store in a portion of the tenant space previously occupied by Swensen's Ice Cream. The proposed location at Lyndon Plaza will be owned and operated by
the applicant under a franchise agreement. Intended hours of operation are 11 :00 am to 11 :00 pm daily. Concerns have been raised about chain or fonnula businesses in the Central Business
District. This issue was studied and regulations were adopted that require a fonnula retail business to obtain a CUP. Restaurants have historicallybeen required to obtain a CUP so no
new'regulations were determined to be needed to regulate for formula restaurants. The Town Code does not include provisions for fonnula restaurants since a CUP is required for any new
restaurant. The review of a CUP is a discretionary process where the deciding body may approve or deny the application based on the operational details and surrounding land uses, and
may excercise its discretion as to whether a proposed use is appropriate for a particular location. Under the current regulations, a formula restaurant may move into a space occupied
by a non-formulq,. 'restaurant unless it operates in a , ','
PAGE 3 SUBJECT: APPEAL OF PLANNINGCOMMISSIONDECISIONDENYINGANAPPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHER RESTAURANT
USE (COLD STONE CREAMERY). CONDITIONAL USE PERMIT U-04-8. March 25,2004 manner that necessitates modification of the existing CUP or the tenant space is altered. When a tenant space
is divided (as in this case), a new CUP is required if a restaurant intends to move into either space. Cold Stone Creamery is a national chain. There are no other ice cream stores in
Lyndon Plaza, but TCBY, located at 13 N. Santa Cruz Avenue, sells some similar p"roducts. In addition, Dolce Spazio, located at 221 N. Santa Cruz Avenue, sells gelato. Gelato and frozen
yogurt are different products than the handmade ice cream sold by Cold Stone although all three businesses sell specialty dessert products. The applicant is an independent owner/operator
and will work on the premises. The proposed business will employ 20 to 25 part-time high school and college age people. At peak hours ofoperation, there will be six to eight personnel
on the premises. The applicant's letter (Exhibit C to Attachment 4) provides more detail on the proposed operation and includes information on Cold Stone products and community involvement.
PLANNING COMMISSION ACTION: The Planning Commission held a public hearing on February 11, 2004, and voted 6-1 to deny the requested conditional use permit. Members of the Commission
expressed concern about the ., proliferation of chain or franchise businesses in the Downtown. The motion included a statement that the number of franchise businesses in the Downtown
is threatening its integrity and character. Other Commissioners were concerned about a potential over concentration of stores selling ice . cream products. In reaching its decision,
the Commission considered General Plan policies relative to commercial land uses (see Exhibit D to Attachment 4). Verbatim minutes of the Commission meeting are included as Attachment
5. In addition, Chair Drexel submitted a summary of the Commission's decision (Attachment 6). Parking The Planning Commission discussed parking as it relates to the proposal. Cold Stone
is considered a restaurant and as such the parking requirement is based on seating (one space for every four seats). Since a total of eight seats are proposed, two parking spaces are
required by the Zoning Ordinance. One member ofthe Commission expressed concern that two parking spaces would not be adequate for the business. Although there will be six to eight employees
working at peak times the applicant has indicated that 85 to 90% ofemployees are dropped offat work by a relative, and some employees ride a bike to work (see applicant's letter, Attachment
1). Based on the current parking regulations, the proposed business complies with the Town's parking requirement and Lyndon Plaza is currently operating with a surplus of parking. Lyndon
Plaza has 30 on-site parking spaces at the rear of the building and has an allocation of 181 spaces in the parking assessment district. ,, ,. .
PAGE 4 , SUBJECT: APPEAL OF PLANNINGCOMMISSIONDECISIONDENYINGANAPPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHER RESTAURANT
USE (COLD STONE CREAMERY). CONDITIONAL USE PERMIT U-04-8. March 25, 2004 APPEAL: Attachment 1 is the applicant's appeal statement. The applicant believes that the Commission acted in
the absence ofa specific regulation on formula restaurants, and that the proposed business would be an asset to the Downtown. The letter also provides information on the restaurant operation,
employees and community involvement. ENVIRONMENTAL ASSESSMENT: It has been determined that this project is categoricallyexemptpursuant to Section 15303 ofthe State Environmental Guidelines
as adopted,by the Town. FISCAL IMPACT: None Attachments: 1. Applicant's appeal statement (one page), filed February 23, 2004 and letter (two pages), received on March 18, 2004 2. Required
Findings (one page) 3. Conditions ofApproval (one page) 4. February 11, 2004 Planning Commission staffreport with exhibits A.-E. 5. February 11, 2004 Planning Commission Minutes (43
pages) 6. Email from Planning Commissioner ChairJeanne Drexel (one page), received March 7,2004 7. Email from Lisa Scopazzi-Evans (one page), received March 8, 2004 Distribution: Catherine
Asbun, Cold Stone Creamery, 2990 Sunwood Drive, San Jose, CA 95111 Park Row East Apartments, LTD, 20 S. Santa Cruz Ave., #320, Los Gatos, CA 95030 BNL:SD:mdc N:\DEV\SUZANNE\Council\Reports\Fwd.
to TC\20SSC-ColdStone.wpd
FILING FEES Residential 51000 per Commercial, Multifamily or Tentative Map Appeal Office of the Town.', 110 E. Main St., Los Gatd APPEAL OF PLANNING •
Ib I, the undersigned, do hereby appeal a decision ofthe Planning Commission as follows: (PLEASE TYPE DATE OF PLANNING COMMISSION
FebnJ-Q ('II f ) ;;{.C04 PROJECT /APPLICATION NO: 5\ 0 -46 -0 J S ADDRESS LOCATION: d-.O. S. 'Son-tc< l p...ve. 0 TO?\):,}f;S GATOS , . 'In 011 Q"5C\ -Cold Pursuant to the Town
Code, the Town Council may only grant an appeal ofa Planiiing Commission decision in most matters if the Council finds that one ofthree (3) reasons exist for granting the appeal by a
vote ofat least three (3) CouncilmembCrs. Therefore, please specify how one ofthose reasons exist in the appeal: 1. The Planning Commission erred or abused its discretion because -'--_
__-'--__-'--:; OR 2" There is ne'Y information that was not reasonably available at the time ofthe ofthe Planning Commission decision, which is ______________________(please attach the
new information ifpossible): OR 3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town Council:.__-_.,_----------------------
--------- Ccrnrnl'5Stol"""\ ConccAnecf abJu.t '-ft-anchf5e in dOu.)n+oL.Or). when tt:er"e. is.Y1O·spec'lfjC ... IFMORE IS NEEDED,
PLEASE ATIACHADDmONAL SHEETS. .....,..d=· ADDRESS: 5of\.JQ5e, LA
q5\ \ I IMPORTANT: 1. Appeal must be filed within ten (10) calendar days ofPlanning Commission Decision accompanied by the required filing fee. Deadline is 5:00 p.m. on the 1(11' day
following the decision. Ifthe 10m day is a Saturday. Sunday, or Town holiday, then it ' may be filed on the workday immediately following the 1()1h day, usually a MQnday. The Town Clerk
win set the hearing withiDg 56 days ofthe date ofthe Planning Commission Decision (Town Ordinance No. 1967). An appeal regarding a Change ofZone application or a subdivision map only
must be filed within the time limit specified in the Zoning or Subdivision Code, as applicable, which is different from other appeals. Once filed, the appeal willbe heard l:1Y the Town
Council. Ifthe reason for granting an appeal is the receipt ofnew infonnation, the application will usually be returned to the Planning Commission for reconsideration. PRlNTNAME:
A"5bCUl DATE: CQ,Jm 04-PHONE: [(.fOB) 31lo -34-ltJO 3. 2. 4. 5. CONFIRMATION LETTER SENT: Date: _ TO APPLICANT & APPELLANT BY' DATE Of"PUBLICATION: 3 JL//q¥ , I *** OFFICIAL USE ONLY
*** 3fSbtf » DATE OF PUBLIC HEARING: r-----\ Pending Planning Department Confirmation TO SEND PUBLICATION: !:?/,hf/N:\Clk\FORMS\Planning Commission Appeal.wpd Rev:
S120/fY2 Attachment 1
-" "t l " "
To: From: The Council Members of the Town of Los Gatos Catherine and Gonzalo Asbun Cold Stone Creamery /r..----'\ '-.. j '--'" We currently own the Cold Stone Creamery at 16004 Los Gatos
Blvd. at the Cornerstone Shopping Center and we have been open since June of last year. It has been a great experience serving the residents of Los Gatos, but an even greater experience
working with some of the youth of Los Gatos. Our interest in Cold Stone Creamery began over five years ago. We were amazed by their great ice cream, but even more impressed by their
corporate culture. Their mission statement and core values which emphasize; always doing the right thing, bringing out the best in our people, profit by making people happy 'and win
as a team were, and still are a few of the reasons why we decided we wanted to become a part of Cold Stone Creamery. ,We have invested a great deal of time and money into this venture
and we feel very strongly about it. At Cold Stone Creamery we believe that the customer service is a top priority. We use only the best and highest quality product to ensure that each
customer is'impressed by the' product we serve and the way in which we serve it. Cold Stone Creamery has an old fashioned ice cream shop appeal in a modem contemporary atmosphere. Our
employees are trained to guide each customer through a unique and individualized experience. The ice cream we serve is made fresh at the store and each ice cream is as unique as the
customer whom creates it. To emphasize our appreciation for each customer's patronage the crew members will, at any.given moment, break out in song. It is this uniqueness and emphasis
on service that we feel would make .cold Stone a perfect fit with the small-town character of downtown Los Gatos. Currently 90% of our crew members are residents of the Los Gatos Community.
Since we opened the Cornerstone location, we have been inundated with a plethora of applications from young adults whom want to be given an opportunity to work. Many of these individuals
have very little if any previous experience. However, it has been these very same enthusiastic, and energetic new members of the work force that have contributed to our success and our
desire to try and establish another location in downtown Los Gatos. As an employer we feel we have an obligation to create a respectful and safe work environment. We have been very impressed
by the high level ofresponsibility"that these members of the Los Gatos Community-have demonstrated and we look forward to hiring and working with many more. We understand that parking
in the downtown area is an issue, however due to their ages and the times they work about 85% to 90% of our employees get dropped off by their parents or relatives. Two employees ride
their bikes. Our employees are very conscientious about the needs of the customers and the community. The crew members are the building blocks of Cold Stone Creamery and one of the main
reasons for our success at the Cornerstone location. :i j ,, '.
We also feel strongly about contributing to the community in which we have been given the privilege of serving. In the short time that we have. been open at the Cornerstone location,
we have contributed to many of the organizations that make Los Gatos so special. To list a few we have made and continue to make contributions to the Los Gatos High School New Millennium
Foundation, The Lorna Public Education Fund, The History Club of Los Gatos, The Los Gatos Community Against Substance Abuse, The Los Gatos Educational Foundation, the Los Gatos High
School Athletic Assoc., the first annual Los Gatos Breast Cancer Awareness Drive and most recently with the Los GatoslMonte Sereno Police Department in "Adopt A Cop" in which middle
school children will spend time and share in an ice cream experience with various police officers, compliments of Cold Stone Creamery. We sincerelyfeel that with the.departing of Swenson's,
Cold Stone Creamery would be a great ice cream asset to downtoWn Los Gatos, complementing the diverse and full range of services and products currently offered. While the downtown area
does have two great yogurt shops and Italian gelato, there is no true ice cream sto're wliere young and old can create their ice cream dream in a safe and warm environment that emphasizes
family values and commitment to serviCe. We are also committed to working with the other business owners and continuing to serve the community to ensure that the high quality of life
and the preservation ofthe town are always a priority. We would like to thank you for your time and consideration. i; \ I.
r i'...'.-..//L\ . REQUIRED FINDINGS FOR: 20 S. Santa Cruz Ave Conditional Use Permit U-04-8 Requesting approval to convert a portion of an existing restaurant (Swensen's) to
another restaurant use (Cold Stone Creamery) on property zoned C-2. APN 510-45-075 PROPERTY OWNER: Park Row East Apartments, Ltd APPLICANT: Catherine G. Asbun • The project is Categorically
Exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. • . As required by Section 29.20.190 ofthe Town Code for the
granting of a Conditional Use Permit. The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the
provisions of this chapter ifit finds that: 1. The proposed use ofthe property is essential or desirable to the public convenience or welfare; 2. The proposed use will not impair the
integrity and character of the zone; 3. The proposed use would not be detrimental to public health; safety or general welfare; 4. The proposed uses of the property are in harmony with
the various elements or objectives ofthe general plan and the purposes ofthe Town Code. • As required by Section N.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. .1: Attachment 2
""
TOWN COUNCIL -April 5, 2004 RECOMMENDED CONDITIONS OFAPPROVAL 20 S. Santa Cruz Ave Conditional Use Permit U-04-8 Requesting approval to convert a portion of an existing restaurant (Swensen's)
to another restaurant use (Cold Stone Creamery) on property zoned C-2. APN 510-45-075 PROPERTY OWNER: Park Row East Apartments, Ltd APPLICANT: Catherine G. Ashun TO THE SATISFACTIQN
OF THE DIRECTOR·OF COMMUNITY DEVELOPMENT: Planning Division . 1. APPROVAL: This application shall be completed ill accordance with all ofthe conditions of approval listed below and in
substantial compliance with the plans approved and noted as received bythe Town on February 2, 2004. Any changes or modifications to the approved plans and/or business operation shall
be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 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 defmes what constitutes the use of an approval granted under the Zoning Ordinance. 3. HOURS
OF OPERATION. Hours ofoperation are limited to 11 :00 am to 11 :00 pm daily. 4. BUSINESS OPERATION. This approval is for a specialty retail/restaurant use that sells dessert products.
Any change in the type of business requires modification of the Conditional Use Permit. 5. SEATING. A maximum of eight (8) indoor seats are allowed. 6. TAKE OUT. Take out food shall
be served in recycled material containers. 7. UTENSILS. All beverages and food served on site shall be served on reusable materials. 8. LNE ENTERTAlNMENT. No live entertainment is allowed.
9. LAPSEFORDISCONTINUANCE. Iftheactivityforwhich the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to SectioJ:? 29.20.340
of the Zoning Ordinance. 10. ROOFTOP EQUIPMENT. Anynewroofmounted equipment shall be fully screened prior to issuance of an occupancy permit. N:\DEVICONDITNSI20SSC-ColdS,one.wpd .1.:
j j ", ,. . Attachment 3
"
REPORT TO: FROM: LOCATION: Date: February 5,2004 For Agenda Of: February 11, 2004 Agenda Item: 1 The Planning Commission The Development Review Committee 20 S. Santa Cruz Ave Conditional
Use Permit U-04-8 Requesting approval to convert a portion of an existing restaurant (Swensen's) to another restaurant use (Cold Stone Creamery) on property zoned C-2. APN 510-45-075
PROPERTY OWNER: Park Row East Apartments, Ltd APPLICANT: Catherine G. Asbun FINDINGS: ••• As required by Section 15303 ofthe State Environmental Guidelines as adopted by the Town that
this project is Categorically Exempt. As required by Section 29.20.190 of the Town Code for the granting of a Conditional Use Permit. As required by Section N.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. ACTION: The decision of the Planning Commission'is final unless appealed
within ten days. .ENVIRONMENTAL It has been determined that this project is categorically exempt pursuant to ASSESSMENT: Section 15303 of the State Environmental Guidelines as adopted
by the Town. EXHIBITS: A. B. C. D. E. Required Findings (one page) Recommended Conditions of Approval (one page) Applicant's letter (one page), received November 5, 2003 General Plan
excerpts (two pages) Floor plan (two pages), received February 2, 2004 RECOMMENDATION SUMMARY: Approval, subject to conditions A. BACKGROUND: Swensen's Ice Cream closed in July 2003
and the tenant space is currently vacant. Although the restaurant use permit is still valid, the owner of Lyndon Plaza has split the floor area into two tenant spaces (identified
as suites 200 and 201 on the plans). The is, requesting approval of a -......-......--/-' \' . Attachment 4
The Planping Commission -Page 2 20 S. Santa Cruz Avenue/U-04-8 February 11, 2004 Conditional Use Permit to occupy suite 201 (1,296 square feet in area) with a new ice cream store. A
retail use is anticipated for suite 200 (1,239 square feet). B. REMARKS: The applicant is requesting approval to operate a Cold Stone Creamery store in a portion of the tenant space
previously occupied by Swensen's Ice Cream. Pursuantto Resolution 1994-55 (Traffic Impact Fees) Cold Stone Creamery is classified as specialty retail whereas Swensen's was a high turnover
sit-down restaurant. Parking for restauratituses is based on seating. The proposed business will have a total of eight seats which is significantly less than Swensen's 70 seats. From
a traffic perspective, an ice cream parlor is considered an incidental. use. The· Town Traffic Engineer has determined that there will not be a traffic impact related to the proposed
use provided the remaining floor area (suite 200) is occupied by a retail or office use. Any other use would require approval of a conditional use pennit which is a discretionary action.
The applicant currently owns and operates a Cold Stone Creamery in the Cornerstone Shopping Center on Los Gatos Boulevard & Blossom Hill Road. The proposed location at Lyndon Plaza will
also be owned and operated by the applicant under a franchise agreement. Intended hours of operation are 11:00 am to 11:00 pm daily. There has been concern about chain businesses in
the Downtown. 'Cold Stone Creamery a national chain. However, the formula retail ordinance does not apply since it is considered a restaurant use under the Town Code. The proposed business
will replace a former ice cream store and restaurant and will significantly reduce the seating. There are nO other ice cream stores in the vicinity of Lyndon Plaza. TCBYat 13 N. Santa
Cruz Avenue sells frozen yogurt and Dolce Spazio at 221 N. Santa Cruz Avenue sells gelato. Gelato and frozen yogurt are different products than the handmade ice cream sold by Cold Stone
although all three businesses sell specialty dessert The applicant is an independent owner/operator and will, work on the premises. The business will employ 20 to
25 part--ime high school and college age people. At peak hours of operation, there will be six to eight personnel working. The applicant's letter (Exhibit C) provides more detail on
the proposed operation and includes information on Cold Stone products and community involvement. The proposed use requires fewer parking spaces than the previous use due to the decrease
in seating. Although the tenant for the remainder of the former Swensen's space is not known, the manager of the Lyndon Plaza center has indicated that it will be a retail use. Staff
has attached General Plan policies and implementing strategies that apply to the Downtown to assist the Commission in evaluating the application (see Exhibit D). ji ""
The Planning Commission -Page 3 20 S. Santa Cruz AvenuelU-04-8 February 11, 2004 C. RECOMMENDATION: The Development Review Committee (DRC) considered this matter on February 3, 2004.
The Planning Commission should carefully evaluate the proposed use in light of the General Plan policies included as Exhibit D. If the Commission decides to approve the application it
must make .the required findings (Exhibit A), and approve the application subject to conditions (Exhibit B). Community Development Prepared by: Suzanne Davis, Associate Planner BNL:SD:mdc
cc: Catherine Asbun, Cold Stone Creamery, 2990 Sunwood Drive, San Jose, CA 95111 Park Row East Apartments, LTD, 20 S. Santa Cruz Ave., #320, Los Gatos, CA 95030 N:\DEv\SUZANNE\PC\REPORTS\20SSC.wpd
;:i
REQUIRED FINDINGS FOR: 20 S. Santa Cruz Ave Conditional Use Permit U-04-8 Requesting approval to convert a portion of an existing restaurant (Swensen's) to another restaurant use (Cold
Stone Creamery) on property zoned C-2. APN 510-45-075 PROPERTY OWNER: Park Row East Apartments, Ltd APPLICANT: Catherine G. Asbun • The project is CategoricallyExemptfrom environmental
review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town. • As required by Section 29.20.190 of the Town Code for the granting of a Conditional Use
Permit. The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if
it finds that: 1. The proposed use of the property is essential or desirable to the public convenience or welfare; 2. The proposed use will not impair the integrity and character of
the zone; 3. The proposed use would not be detrimental to public health: safety or general welfare; 4. 4. The proposed uses of the property are in harmony with the various elements or
objectives of the general plan and the purposes of the Town Code. • As required by Section N.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. N:IDEVIFlNDINGS\20SSC-ColdS,one.wpd \ .. EXHIBIT A
".' ji
(' ''''...-""'---'"'''') , PLANNING COMMISSION -February 11, 2004 RECOMMENDED CONDITIONS OF APPROVAL 20 S. Santa Cruz Ave Conditional Use Permit U-04-8 Requesting approval to convert
a portion of an existing restaurant (Swensen's) to another . restaurant use (Cold Stone Creamery) on property zoned C-2. APN 510-45-075 PROPERTY OWNER: Park Row East Apartments, Ltd
APPLICANT: Catherine G. Asbun TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed. in accordance with all
ofthe conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on February 2,2004. Any changes or modifications to
the approved plans and/or business operation shall be approved by the Community Development Director or the Planning Commission, depending on the scope ofthe changes. 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. Hours of operation are limited to 11 :00 am to 11 :00 pm daily.. 4. BUSINESS OPERATION. This approval is for a specialty retail/restaurant
use that sells dessert products. Any change in the type of business requires of the Conditional Use PeIDlit. 5. SEATING. A maximum of eight (8) indoor seats
are allowed. 6. TAKE OUT. Take out food shall be served in recycled material containers. 7. UTENSILS. All beverages and food served on site shall be served on reusable materials. 8.
LIVE ENTERTAINMENT. No live entertainment
is allowed. 9. LAPSEFORDISCONTINUANCE. Ifthe 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. 10. ROOFTOP EQUIPMENT. Any new roofmounted equipment shall be fully screened prior to issuance of an occupancy permit. N:\DEV\CONDITNS\20SSC-ColdSlone.wp
d \ \. EXHIBIT B
To: The Town of Los Gatos Planning Commission RECEIVED NOV 0 5 2...003 From: Gonzalo and Catherine Asbun Cold Stone Creamery TOWN OF LOS GATOS PLANNING DIVISION Cold Stone Creamery is
a concept new and unique to Northern California. It supplies super premium ice cream; yogUlis and Italian sorbets made fresh daily on-site. Cold Stone Creamery believes in only using
premium quality ingredients. The ice cream is then made to order by the customer and the ingredients are all blended on an ice-cold granite stone. Customers create their own ice cream
creations with a variety of name brand candies, fruits, nuts, and flavorings. We also serve a variety of specialty shakes, smoothies, ice cream cakes, sundaes, and freshly made brownies
and waffle cones. Cold Stone Creamery is dedicated to making each customer's total experience unique. This is all done in a family oriented environment that provides great tasting ice
cream and enthusiastic entertainment from the Cold Stone Creamery crewmembers. We believe that Cold Stone Creamery will be a vital asset to the downtown community ofLos Gatos. This downtown
location will cater to the visitors, merchants and locals who find themselves walking and enjoying the downtown area. Given that a neighborhood store has already been established at
the Cornerstone Shopping Center, we believe that the majority of served at the downtown location will be those who are already visiting the downtown area. Cold Stone
Creamery will provide exciting yet challenging jobs to the young residents of Los Gatos. Cold Stone Creamery is based on five core values; 1. Do the right thing; 2. Bring out the best
in our people; 3. Profit by making people happy; 4. Win as a team; and 5. Be the best. ..be number one. These core values are passed on to each Cold Stone Creamery owner and then passed
on to the crewmembers. It is the goal of each owner to treat each crewmember with respect and teach the individual the importance of taking any job and being the best at it. The owner
and crewmembers work as a team to serve and make the customers feel like every experience they have at Cold Stone is unique and special. Cold Stone Creamery' is a strong commercial use,
which meets the needs of the residents while at the same time, preserves the town uniqueness. It brings back the old-fashioned ice cream parlor appeal with a modem and fresh decor. The
proposed Cold Stone will be established at 20 South Santa Cruz Avenue, Suite #201. The intended hours of operation will be between 11 :00 a.m. and 11 :00 p.m. We expect
to employ between 20 and 25 part-time high school and college students. This Cold Stone Creamery will be managed and r.un by the owners with the assistance of shift leaders. We anticipate
allowing for eight seats inside. We expect to have no significant traffic impact given that the business has a continuous flow of purchasing the products and then
leaving. We have our time, money and future into this franchise opportunity because the mlSSlOn statement, core values and business practices behind Cold Stone Creamery
are parallel to what we believe will make any business successful; create a win-win situation and always do the right thing. Cold Stone Creamery strongly believes that it is imperative
to become involved in the community it serves and we intend to uphold that belief in the Town of Los Gatos. In the short time that Cold Stone Creamery has been open at the Cornerstone
location, we have contributed to many of the organizations within the Los Gatos Community. We have supported the Los Gatos High School New Millennium Foundation, the Lorna Public Education
FUhd, local nursery schools, the Community Against Substance Abuse, the Los Gatos High School Football Team, the Los Gatos High School Band, and continue to support the Los Gatos school
district by taking part in the Los Gatos Education Foundation Tuesdays. With the new location we hope to continue our commitment by contributing to the community we serve. We will provide
a safe and pleasant environment for both residents and tourists while keeping the small town character and image of the town a priority. '''-,/----\' .. EXHBIIT C
,, ',. "
ISSUE: 5 It is important to the economic vitality of the Town and to the general benefit of the residents that goods and services are readily available to the citizens of Los Gatos.
If a full range of goods and services are not provided sales tax "leakage" will occur, reducing the Town's fiscal stability. a Mix of Commercial &
Uses to Maintain a "EuU-Service Town Goals: L.G.5.1 L.G.5.2 Policies: L.P.5.1 L.P.5.2 L.P.5.3 L.P.5.4 L.P.5.5 L.P.5.6 L.P.5.? L.P.5.8 L.'P.5.9 To provide residents with adequate
commercial and industrial services. To maintain a balanced, economically stable community within environmental goals. Maintain a variety of commercial uses (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. Encourage a mix
of retail, office and professional uses in commercial areas, except in the Central Business District where retail should be emphasized. Require full public review for commercial development
to ensure compatibility with adjacent neighborhoods and the Town. Encourage existing light industry and service commercial uses to remain or be replaced with similar uses. Encourage
the development and retention of locally-owned stores and shops. 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. Only allow land uses for which public costs can be justified by overall community benefit. "Broadening the tax
base" shall never be the sole reason for allowing new commercial development or approving a change in a commercial land use. Retail sales tax "leakage" should be kept to a minimum by
providing intown convenience and comparative shopping opportunities. Implementing Strategies: L.I.5.1 Revise CUP Table: Study Conditional Use Permit Table to determine if any changes
(deletions or additions) need to be made to list of uses. Considerations should include factors such as size of building and/or floor space occupied, traffic generation and whether the
use would dictate a "trademark" style of building. ji 2000 -2005 Planning, TO"Yn Manager and the Chamber of Commerce Los Gatos General Plan July, 2000 Time Frame: Responsible Party:
\ ,..EXHIBIT D Page L-16
Design Element Issue 3 -Historic Presetvation Issue 4 -Downtown Policies: L.P.6.1 L.P.6.2 L.P.6.3 L.P.6.4. L.P.6.5 L.P.6.6 Encourage the preservation, restoration,
rehabilitation, reuse and maintenance of existing buildings. Encourage the development and retention of small businesses and locally-owned stores and shops that are consistent with small
town character and scale. Consider outdoor seating in restaurants/coffee shops only when the historic character and quality of the Downtown and adjacent neighborhoods can be maintained.
Establish and maintain strong boundaries between the CBD and adjacent resiqential neighborhoods. Recognize and encourage the different functions, land use patterns, and use mixes of
the various commercial areas within the downtown. This includes: o The peqestrian scale, specialty orientation of the CBD. o TheconvenJence shopping land use pattern of areas north of
Saratoga Avenue to about Blossom Hill Road. o The mixed use commercial activities along Santa Cruz Avenue and the service commercial activities along University Avenue between o Andrews,
Roberts, and Blossom Hill Roads. . Encourage mixed uses to increase residential opportunities in commercial zones. Implementing Strategies: L.I.6.1 Threshold Floor Area: Study amending
the Town Code to establish a threshold floor area that would require a conditional use permit for new businesses. .' Time Frame: Responsible Party: 2000 -2005 Planning L.I.6.2 Commercial
Rent Mediation: Study whether some form of commercial rent mediation would benefit the community by protecting small businesses and locally owned shops. Time Frame: Responsible Party:
2000 -2005 Planning Los Gatos General Plan July, 2000 Page L-18
SHE£?TNO.-PROJECT lNFO;:FINISI-I NOTES,.._ -'GENERAL NOTES AND ·P.OOR WALL TYFES 'APPROVED " ,SANTA CL4RA COUNTY ' , �
� ':. A.E.H.S. No.__ YASHAVANTVISHNU KULKA.RNI; FE. .DRAWN BY: OWNERCATJ..!Y'AS6UN :Z99ii:i e,UNUJOOP, DRIVE .sAN JOSE, CA 95111 2944 N. 44TH STREET, SUITE
150 pHOENIX, ARIZONA 85018 (602) PH (602)277-8288 Fp,X DATE:' -'PRojECT TiTLE ----, -• -COLbSTONE -CREAMERY:, 2"":S.:5ANr.A¢RLIi:A\;t.ENUE ,_ >SUITE,201:
_, ' L06'q:AtO$, C;Ll, 95030 : NO:.
••,<'1 , ENGINEER: , COLD STONE CREAMERY 16hZll N.82nd STREET "A-4 $COTISDALE; AZ 8&21&0 FI=-I: (460) 348-1104 · FX: (480) 348.:1118 CAT!-IY P:sBUN , :l\Zl S:
SANTA' CRUZ AVE:NUE 1.:05 GAToS, CA 950312l ·.P14: (408) 316-3460 . FX, (408)'935-3S83 A1 GROUP INc, · 29'44 N. 44TH STREET, SUITE ISoc?) '. PHCENI.X, AZ 8S018 · ((:)(1)2) 211-1611
· Fx: (&02),21":1-6288 KULKARNI ENGINEERING CO.. INC, 'YASHAVANT Vls!-fNU FE 213lZl EA'ST KALER. DRIVE AI 8Sl2tiiZl . FI-!: (612l2) 211-1611
RANDY NEW INTERIOR STU" ""'4ILr'44-S fOp,.<;:<?N;;l;"'li'4l9l'1' SMOOTI.fFINJSH AT Ul LUv· \,j/1: I uS E%IS!lNc.WALLTOREMAI"PLANNING
DIVISION· ELECTRICAL /, MECflANICAL /PLUMBING E>lS_, "E6IGN AF<Cl1ITECT.. '. . HARDWARE· SCHEDULE DOOR TYPES fbi\ (PL2) BoTH
SIDES, ;'-I2l' '=/x 6'R8' x 1-3/4', FAINT'All.. FOUR EDGES'SLACK, WI TIMELY METAl:. "OOR'FRAME (BLACK), ALL !'!ARDWARE PER,A"A REQUIREMENTS': -SEE ExI6TIN:i:OOOR:
PROViDE NEW HARDWARE, iF ,,' 'V 'REQUlRED,'FERADA -SEE SCHEDULE. . G. NEW DOORt, CORP. EASY SWING:' 3/4' SOLID' '. . v:::.::J DOUBLE
ACTION: DOOR TYpE SCG-I WI 14' x 1'&.'·sAFErr WINDOW. FINISl-! WITH F.ORHICA i285-58 (FL:.2).BOTH SIDES.' T.IMELr METAl.. DOOR FRAME'(6LACK>;WITHOUT STOPS. . HemE: . ALL EXITS SHALL
BE, FF'PH,:rHE. INSIDE Wm-lOUT THE .USE OF'A KEY.OR..5FECIAL KNOWLEDGE. . ALL' T1-IRE6HOLD$ BE.A· MAXIMUM OF In' I-IEIG!=-lT AN!=, BEVELED: DRAWING INDEX
A-I PROJECT INFO: FINISH NO.TE:5: GeNERAL NOrE5, (. DOOR <t WALL' T'f'FE6 A..2 Fl.OOR 1 EQUIf.MENT FlAN5:·AND EQUIA1ENT. SCHEDULE A-3 REFLECTED CEILING F.'l..AN AND FLOOR FINIS14 PLAN
. A-4 . INTERIOR etevAll0HS ' A-S J3)ETAILS A-6 DE.TAILS',' , M-I 'PLAN"5PECIFICATIONS,,SCHEDULES, AND DETAILs , H-2 :rnLE: .24 ENERG:r CALCULATIONS P-I FLUMBING
PL.AN;'SCI-IEMATIC, AND . AND··DEtAIL5 E-I LIGHTING PLAN E-2 SINGLE'-Ln;IE DI.66FCAM,
E!'JGINEERlNG.CALCS AND EQUIPMENT , SCHEDUt:ES' .. ' . , . E-3 TITLE 24 ENERGY'GALCULATION& INTERIOR "OORS LOBBY I. WOR!< AREA: . ENTRANC;::E LOCKSET, LEVE:R TYPE, SINGLE-ACTION, CLOSER.
'TOILE:T ROOM: . PRIVACY 51:T, l.EvER TYPE, UJE;6,THERSTR,IPPING. . , , 'EXTERIOR DOOR6 PROJECT TEAM PROJEOT INFORMATION TENANTPl.AN6
PROjeCT AODRF:SS: 212> 5. SANTA CRUZ A'IEl-IU5"SUITE 2iZli LOS'GATOS, cA '3512>30 . FROPOSEO USE,·' ICe: CREAM &I-IOF" SUITE ARE"A: 12'3& Sr. OCCUPANCY'TYPE, MERCANTILE (M) ocoJPAHCi'
L0Ae !'OR """",65. FUElLlc' (ReTAIL): 46iZ1 SF 1 3tZl •. 15>.3 {KITCf.lEN):, 83& 5F I 200 = 42 TOTAL, 2\Zl OCCUF.'ANT& ' EXITS I (LESS'THAN
S0 OCCUP,.6JqTS)· EXITS I ' . pUlMBl"" PiX!URE i::O.NT. FUBLIC (RETAlt): SF 1 2iZl0 " 2.3 NON-F1J6U.C 83&.5F 1212JlZ) )f 4.2 TorAt'
, ' , ' , ocCuPANTS OCCUpANT L04D LESS THAN·10,·TI-lEREFORE (I) UNISEX . EMPLOYEE. RESTROOM PROVIDED. , JURlSDICTloH: CITY OJ:" LoS GATOS AFPt-ICABLE CODES: 2001 CALIFoRNIA BUILOIHG
CODE (19':11 Usc) 20e11 CAl.:lFoRNIA PLUHelNG 4 MECJ:lANICAL CODES (i000 UFC t UHC) 2001 cAi.:IFORN.IA ELECTRICAL CODE (199'3 NEC) 2001 CALIFoRNIA TITlE 24 WORK AREA, 1 E:XTERIOR: ·PANICHARDuJAgE,CLO
SER:' . O' LOBBY -EXTERIOR: .' LA q.r y. ".:" . .. , LEvER TYPE; CLOSER;:RECE:IVED 'CENTER'O? LEveR'TO'BE INSTALLED
FINI58 FL00R . WALL TYPES' FEB 9:2 2084 CONTACT:'CHRISTINA MciNTOSH:. " blZl2:-216-2IZJ82 ' , lei ,-SEMI Gt:.055, 181 IVORY PALACE, GYP. 6o;d.RD CLG; WALLS AND 5OFFI:r SHERWIN WILLAIMS
(COMMERciAL DIV) -SHERUIOoD S64XXN 12llZl/4380 -ceNTER BROUN WI·UTE. PRIME WALL5 WALL COvE",ING oiL BASED GL<ieS 'PAINT, KILZ PRIMER'OR EQUAL. PLASTiC !-AMINATE
FL:t WIL50NART -HATIE, -416£'-60 pAMPAS -SACK SERviCE coUNTER TOP, AND C4BINET FACES. . pL2 FOfa'1ICA' -HAnE, "285-58 VioLIN FIGURED ANJ;(IGRE -WAINSCOT AND DOORS.
PROviDE 3/4' x· 3/4" TRIM PIECE'FOR WAINSCOT AT ALL OUTSIDE CORNERS. PL3 . FORMICA -POLISHED, "211-'3lZl SLACKSTONE -SeRyIcE COUNTER TOP., SERVICE COUNTER FASCIA AND FACE OF GHE:A. pL4
WHITE MELAMINE -INTERiOR CABINETS lLtl IHAGECRAF,T:CUSTOM COVERING C;sc CUSTOM WAll. -RED wei IH.4GECRAFr CUSToM COVERlh-IG esc OJSTOH SOFFIT -RED PT3 PAINT PTJ
NOTE, GYP BOAP-o WALL 5MOOT!'! FINISH, UNI CEILING CUi GLOSS-WHITE CEILING GRID, CU2 GLOSS-BLACK CEILING GRID ATI WI-liTE VINYL-FACED GYPSUM BOARD'TIl:.E5, 2' x 4' .AT2· ARMSTRONG. FINE
FISSURED, :rEcH SLACK; 2' x 4' GBI GYPBOARD CEILlN6, PAINT FTI. EXHIBIT E F!OP 'FIBERGLASS-REINFORCED PLASTIC' PANEL SYSTE:M: NOTE, PROViDED AT MOP SINK ENCLOSURE AND UIOI'l< ARE,A.
RILL HGT, , TILE BA6E 61 CROSSVILLE, POMFEII SERIES ""'550, IB'y.l8' CERAMIc TILE COLOR:: FORUM 'STONE. CUT TO CREATE 1&' HIGH BASE. B2 CRO$SvlL:LE. POMpEII SE:R·II:':S NSSS, 18';<18'
CEfiUl.Mlc TILE COLOR: LAVA CUT TO CREATE'1&' HIGH.BASE. CBI DAL-TILE G'.xf>', "OT10, DIABLo QUARRJ' RED, COVED BASE. CB2 . PAL-TILE 4'-114' x 4-1/4'; 034/Z1I, ALMOND. coveD BA5E
RESTROOH5 ONLY FLOOJ'l'TlLE FTI CR055VILl':E, FOMPEII SERIes MVS50, 18'xle' ct:"RAt"'t1c TILE .cOLOR: FoRUM SToNE FT2 F.OMFEU'SERJE5 -VSSS, 18'xl8' CERAMiC TILE
COL:OR: LAVA BROUN LONGUST DISTRIBUTING 'PHONE: (48lZl) 13lZl-33BS FT3 DAL-TILE 6'x6', tooTI0, DIABlo GlU.ARR'r RED FLOOR TILE GROUT: • CUSTOf':1 GROUl'''6lZl UJAt.:L'TILE um
DAI.:-TILE 4-1/4' x. 4-114', ALMOND TILE'U:lAINSCOT 4'-/ZI' AFr. ON ALL RESTROoM .wALL&. FINiSH NOTES VICINITY MAP KEY PLAN DIVlPlICN. '" 8f'ECI,6,LTIE8 J. SUITE NUMBER. OR
ADDRESS TO BE POSTED ABOVE DOOR 2. coNTRAcTOR SHALL BE RESPONSISLE FOR THE'DESIGN AND' . INSTALLATION 1 MODIFICATION TO THE FIRE SPRINKLER: SYSTEM. CONTRACTOR SI-IALL SUBMIT DRAWING
TO GoVERNINc:: AUTHoRlrr FOR REVIE:W AND APPROVAL PRIOR TO COMMENCII-4G- CIYIe-ICN 12 R.iRNleHlN:i5 J.
.' AND FULLS. DIVISION IS 1. VERIFY EXI5TING MECHANICAL EQUIFt1ENT (I-IVAC)'IS:lI{FULl·II.IORK.ING· REPLAcE FILT'EP.5 THROUGHOUT SYSTEM. 2. VERIFY F.RESI-I
AIR SETTING, I-IUMIDITY CONTROLS"BALANCE, ETC: ARE AOEClUATE FOR FRqF05E:D USE. REPLACE :ANDIOR MODIFY" SY5TEM AS REQUiReD FOR COMPLlA'lCE WITH LOCAl:. AGENCIES
REGllIIR-I91ENTS. . 1. TI-lE CONTRACTOR SHALL BE RJLL"'r' f<E5PON5IBl:.E FOR·THE Dlscov.eR'r,. , PRESENcE, I-lANDllNG, OR DISPOSAL. OF OR EXPOSURE OF FERSoNS TO HAZARDOUS
t:lATERIAL5 IN ANY FOR''''( AT THl? FROJECF SIIE; INCLUDING SUT NOT LIMITED TO' M;5EST05, ASBESTOS PRoD.UCT5, . . POLTCHLORlNATED BiPHENYL (Fee) OR OTHER SUB5T.A.NCES.··' " 6. COMPLY
WIT1-I AppLICABLE CODES AND/OR ORDINANCES'cONCERNING DEMOLITION REFUSE REMOVAL, AND DISPOSAL. DiviSION 3 CCJNi:F;£rE . " 1. CLEAN, GRIND AND FILL' EXISTING CONCReIE
TO ACcEPT. YfNTL ' TILE, CARPET.. OR CERAMIC TILE. . , 2: FLooRS TO REceiVE TILE'ORSl-leET VINYl.; SHALl. Nor YAR:r' HoRE nlAN'.1/4' pER I" FEET. . DIYl61CN 5 . METALS . I. STEEL
WITl-I EACI-! T'T'FE OF METAL FRAMING' ". PROVIDE MANUFACTURER'S STANDARD STEEL FaJNNER;,BLoc::KING,:' ..' , ....·,:·
2. SHAPED' , MIN. (20 GAGE FOR'STUDS'O'OlER 14'-0' IN. HeiGHT AND AT:WAl.L· :4T:' ", WATeRHE=ATERJt-1OF
SINK ENCLOSURE).' ' , " . DIYISION 8 ' POORe of w!NDOWa .' .' " ,.. ', I. ALL GLASS SUBJECT TO 'i--lUHAN IMPACT SHALL CONFORM TO THE: . STANDARDS SET,FORTH IN THE UNIFORM eUILD1NG CODE.
'2. ALL EXITS SI-IALL eE OPERABLE FROM INSIDE: .WI:rI-lOUT THe " '. ,: USE OF A KEy OR SPECIAL KNOWLeDGE. , " ',' : '. : ," 3. MANUALLY OFERATED EDGE'OR SURFACE:'tfOuNTED �
� ..' ,6ND 5URf=ACE,60LT5"OR ANY OTI-lER Tr.PE OF·DEVICE SE': USED :ro CLOSE OR RESTRAIN THE,DOOR ARE PROHIBITED. UJ!::lERE· '. EXiT DOORS ARE USED IN PAIRS
AND Af'PR.,OYED AUTOMATiC FLUsR: TI-IE UNLATCHING OF ANY LEAF SHALL NOT
,MoRE THAN. ONE· oPERATiON: 4. PANIC HARDWARE, UlI-IERE INSTALLED"SHALL COMf7-LY WITI-l BUILDING CODE. THE ACTivATING BE MOUNTED AT 36
T0.44 INCHES ABOVE THE FLOOR' THE UNLATCHING FORCE SHALL NOT' 15 .POUNDS WHEN AFFLIED IN THE DIRECTiON· OF DlvlelCN of} FINI6RE6 I. INTERIOR FINISHES TO HAVE
A: MAxIMUM FLAME SPREAD RATING OF·2\Zl0. AND MAxtMUM.$1OKE DEVELOPMENT'RATING OF 4S/ZI. ' 2. STUD PARTITIONS TO BE ANCHORED SO As TO REsiST A L:ATERAL Lo;AD OF 5 F5F AS FOLLOWS, BOTIOH
PLATE: ANCI-l9R.TO. .. FLOOR WITI-I 312l0· POWER DRIVEN PINS AT :.ta' OC. leBO ..... 3. GYP WALLS TO BE TApED, SANDED AND HAVE LIGHT' oRANGE FEEL FINISI-I.
UNLESS NOTED QTHERUJISE: 4. THE: COMTRACTORSHALL PROVIDE AND INsTALL CAUL:KING W!;ERE NOT SPECIFICALLY PERFORMED 6Y OTHER TRADES.' . ,,' , 5. CEP..At.1IC TILE FLOOP...5 SI-IALL NOT VARY
MORE THAN 114' PER·ltZl .. GENERAL:NOTES" AT LYN,:[)O:N ,PLAZA 20 S.SAN,IAcR,UZ AVENU,E , ' LQS"GATC)'S, CA 95030 , ' "IVI6IcN J ' " ,
' L oF'Tl-lE5E i5 TO PRoviDE. FoR CONSTRUCTIoN'or: :TH15, PROJECT, CQHF'LETE: AND FUNCTIONAl. IN ALLRESFECTS.. TI-IE,'cONTRACTOR 5I-IALL BE·RESPONSIBLE
FOR THE TO ' WORK: NECESSARY' AND·,REASONABL:.Y INciDENTAL.FOR TI-lE:.. COMP.LETE CONSTRUCllo,"l,OF
TI-IE PROJECT SHALL NOT BE CONSTRUED AS RELEASIt-tG:-Tl=-lE coNTRAcTOR FROf.I HIS . 2_ ' .' CLEARANCES'AND
TO TI-/E: ARCI-l/TECT PRIOR'TO' THE CONTRACTOR Wlll'NOT'BE ALLCUJED ADJU511'1ENT5 IN'THE T[ME
3. :4.
SY 'THE ARCHITECT UNLESS wAIVED 'BY THE'SAME... '., . '!? AJ..;.(,EQlJIA1ENT, MATERIALS AND.' ARTICLES INCORPORATED . INTO THE �
� ALL':, :. G. REpLACEMENT OF DAMAGE 'TO AREAS CAUSED BY AT
NO ADDITIONAL COST . . .,.' ,.. WORK ;AREA. " . ' .. , ... , 8. TI-!E; CONTRACTOR-SI-lALL PAY ALL
FEES'FOR FERMITS" NECESSAR"l" FOR PROPER: :COl':!pLETION OF l1k:lRK, ". ' NOTED OTI-IERWISE. , " . S. SHOULD CONTRACTOR OBSERVE'ERRORS, DISCREFANCIES. OR'OMISSIONS
IN THE'CONTRACT'DOCUMENTS, HE 5!-lALL PROMPTLY' NO T REQUESTING Ct.ARIFICArION. THE' . CONTRACTOR S NOT:'f?RC)cEED WlTI-I UlORI<,AF.F.ECTED BY SUCl-l ERROREi, D .OR OMISSIONS WITHOUt
RECEIVING ARCRITECT, SHALL, BE AT Tl-IE·CONTRAC.TOR'S OU.N·RlSlC . COf1P!.::ICATION6 ARISING'FRoM
FROCEEDING WITHOUT ,CLARIFICATION SHALl.; 6E RE50L:'VED AT· THE CONTRACTOR'5 . 10. ALL. WORK. FERFORMED oN TI-lIS PROJECT SI-IALL COMp.LY WITH ALL �
�5TATE AND NAlIONAI;'CODE5,1-AUJ5' . II. NOT ANOINi:i, TI-IE' , CONTRACTOR ACCEPTS TI-lE'F!ESFONSIBILITY
OF CONSTRllCTING A WATERTIGRT, WEATHER TIGHT PROJECT. '. , 12. CONTRACTOR SI-lALL COORDINATE LOCATiON OF' ALL NEW: ReeF �
� 13. CONTRACTOR·SI-lAtt.'FROVIDE 2x.SLOCK1NG AT ALL WALL MOUNTED 14. SIGNS,.TO REviEW AND APPROVAL ,I.A-IDER·5EPERATE pEF<t1IT
BY OUNERtCoNTRACTOR, IS. ALL ANG!-E'S' E'S' AT '45-, OR '3tZl· UNO'. '. DIYlPlION 2 , MATERIALS' . . L THE CONTRACTOR ElE'RESPONSIBLE
F,OR ALL DEMOLITIoN REQUlRED'ro:ALLow FOR ALL PROPoSED'NEW' WORK', . .i F'ATCI-I, REPAIR F.INiSH A'Ni-- CEILlNG::TO MATCH:AOJACENT
AREAS'UJI.lERE DEMOLITION. 3. AND P.RIOR ·TO.. DEMOL::lTION. '. . . :'. 4. THE
CPNTRACTOR SHALL"BE: RESPONSIBLE FOR. KEEPiNG THE' ' SITE FREE OF DEBRIS, . s. THE CONT!<ACTOR SHALL COORDINATE,WITI-l euIU:iINa: ,otiNE:p. PRIOR TO START OF'WORK, THE'REQUIREMENTS'FOP-CORING
OF FLOOR' SL:AB FOR ALI;-·F.EQUIRED WORK. 6. THE ARCI-·mEcT AND ENGINEEF'.5...:l.ND CONSUL:.TANTS SJ.lALL HAVE NO FOR THE DISCOVER'(. PRESENCE. HANDLINe:; . ,REMOVAL
OR DJ5F.OSA[ c;;::: OR EXPOSURE 0# PERSON5·TO I-lAzARDOU5 , MATERIALS. IN ANY:FORM AT TI-lE PROJECT SITE, INCLUDING SUr NOT LIMITED TO ASSE5TOS FF!ODUCTS, POLYCl-llORINATED BIFHENYI;.
(PCS) OR OTf.lER TOXic SUBSTANCES. '.... .... : . u
.. ;' ' ... , Jl.. _.rl.,. ,.. . YA8HAVANT VISHNU . KULKARNI, PE DATE:: SHEET NO. SHEETTITLc·· PLANS AND EQUIPMENT . 6C;HEpULE .PROJECT
NO: ,?,3253 ,filENAME:' CAT{;.iY A6EUN 2S90.SUNWOODDRIVE SAN JP5E, cA S5111 pROJECT TITLE· COLD SToNE CREAMERY ·20S, SANTA CRUZ AVENUE SUITE
201.. LOSG;ATOS, CAS50.30 5TOREII101 2944 N. 44TH STREET, SUITE 150 PHOENIX, ARIZONA 850i8 (602) PH (602)277-8288 FAX :S\II'PUW aMIER; coomUIAT£
IIElGlIT WI O\\NER. COLDSTO!lECORPOIIATESTAt/OMtDSu' INSERTIUEACHFLOOOSltlK YI/:r CASTrnS-'REMOYELEGS-J2," LlAXHElGlir.
BOnOl.l OF cum g A.F,F. ADO E'.<TRADUPLEX·fQR FUlUREUSE) OllOM,or OUtlET D4{)".,lJ.F• BDnolol Of OUitET 0 4{)' /..F.r. PRO'o1DECAT5 CASLEFROIJ POS
TO Pc. CQOODIHATEVdrn OllNER. BonOU OfOllllET 940" A.F.F.· "WI J-CASTERs -REMOVE' LEGS -J2" "'AX HElClIT WItH 60ci0WATTEI.DIDf'I5TCi' AND
SEEPlUlJ:B1NG SEE SEEPWUBINC SEEPLU.J.lBlNG , , INSTAllED IN woRK AREA AT +T-S" AF.F. MJAACCESSlBtr,TAStE'ClEAR'HElGHT,28" SECURE.'IDFlCIORP.ERUfG'RSltlS1RUclIONS SEE
D£TAlL6!A-S COlD STUtIECORPDRAlE STAJlDAIlOS.. 7/A-5 ·COoRDltIAlEMOUNllNGHElC1ln1rnOY.NER. . SEEDHAIL9/A-S ,'. ,. 1-1/2" , I/Z" NEW MOuNtlNGi6OARD.
60' TUF<NING''OIAMETER 'PER AD:A REQUIREMENTS. PRovIDE 3' GA;:: BETWEEN.SNEEZE' GUARD AND ApJACENT EalIIPMer'T A.ND{OR UJAL:.l.. . . Of: NE.UJ E.LECTRICAL 'PANEL. PROViDE
2·' W1TI-l'G-Ra1HET AT'REG-ISTER FOR CoORDINATE LOCATIoN. WITH otLNER CONDEl'I5ATE "DRAII'I LINE. I . . DELIveRY OF· CERT'AIN
EQfJIFMEl"T REQUIRES ·REMOvAL OF A FORTloN OF BLACK OuT WINDOW, COORDINATE OWNER. . .,/,' (j j::. II Ul . ll. .11" .(Jj
.vr 1/1/2' ,/," U 3/8" 26,4-QJ KEY NOTcS CD CD CD .CD CD oCD CD CD .0 II.. 115/1 115/1 .. CUSTOI.l 2A:.101lC meo CUSTOM LAWi!£llCE
llETIJ.S -:1DISheARRlER EUU COUPOl.! P'55. E1.IU.roSS'.fi!l55 UNlI,{RSAl..STAlNlESS CUsrcU'UILLWOItK --,ctosrr:IL'Jt)'DR
x12" DEEP. vmuooELmDT.IlLACKl5GAL MAKE/MODEle 'CUSTOI.l , UNlVERSALSTAlnlESSJe070G4 .;4' '. POST ',:""'"
:JWLnpt£'l1ER Leams .<. r",· :"i' SNEEiEOOARD, '.• r::· (IiOUtlTED'ABO\t: MOP SINK) .RuuiHlDS40'OO (40 GAlLON CAPAClfr)' '2l!8/1
:1:(: :."'2: 0·1·, .'EI6;'.1.: .I1fP'SERVER 01-1-192000 120/1 '.5 ,1.2, db
.. 1." ·-.toti'.'£CllO!lm 'TURBOFNI EZS' 110/1 1;6 16,6 db 'EU:I' ,','" :81INoa(
'120/1 11.2 db , " . ET: ··.·2:' PA!UlSONIC 5500 POS (REoUIRES pci: ' .115/1 .•028 0.35 db \l .€'t. . ..:"'. 8· 01'" '. . : i ":
DIsPlAY elISE LlASlER·Bn.T BLG·52 22D/!,IfZO/l IT:if5!J db/QI .. I.IASIm8lLTYi/OPn,oNAlflUOR5CElHUGHT..
'.3/4' OJ ,'.; 6'-0"x.8'-0" ['·COUBINEDSlZE'ISI2'·O":<B"O" f:.";€'tC'-,.}-+.E'",.c..t.·::::wAiK::.:·:::I.N:C.FREE1ER=.:'-.�
� �
� AROUND All
:·FlJRNiJVRE·criD:5niIE '.
·.·l;Ir'.i; 5,5' db. .
COOtHER'FREmR ' S1l\'tR KING S!lF-27 SUIGLE.OOOO, CASTERS P.ROVIDED '05/1 6.0 db . ,
120/1' 1.0 8.3 db . F5P 882060 120/1 ' .5 4.2, .db··· Schediiifl-o(·FlimItrire. iFfXtur8s;. Equipment, .. ·•.·M/sceil8n86us'aild.
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12 A P PEA RAN C E' S: 3456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Los Gatos Planning Commissioners: Director of Community Development: Transcribed by: Jeanne Drexel, Chair
Michael Burke Phil Micciche Tom O'Donnell Lee Quintana Joanne Talesfore Morris Trevithick Bud N. Lortz VICKI L. BLANDIN 5500 Van Fleet Avenue Richmond CA 94804 (510) 526-6049 Attachment
5 .:.1 LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Santa Cruz Avenue ," 1
1234 PRO C E E DIN G S: CHAIRWOMAN DREXEL: The Planning Commission 5 is now going to conduct a public hearing to consider 20 6 South Santa Cruz Avenue Conditional Use Permit U-04-8.
I'm 7 going to ask the applicant to please step forward to the 8 podium and present the project. You have five minutes. 9 10 11 12 13 14 15 Please state your name and address for the
record. CATHERINE ASBUN: Commissioners, to begin with I want to thank you giving me the opportunity to address you. My name is Catherine Asbun and I am the applicant for the Cold
Stone Creamery at the Lyndon Plaza, 20 South Santa Cruz. I want to thank you for giving me the opportunity to address you today and to tell you a little bit about 16 myself and Cold
Stone Creamery. I currently own the Cold 17 18 Stone Creamery at 16004 Los Gatos Boulevard, at the Cornerstone shopping center, and we have been open since 19 June of last year. It has
been a great experience serving 20 the residents of Los Gatos, but an even greater experience 21 working working with some of the youth of Los Gatos. 22 My interest in Cold Stone Creamery
began over five 23 years ago. I was amazed by their great ice cream, but even 24 more impressed by their corporate culture. Their mission 25 statement and core values, which emphasize
always doing the right thing, bringing out the best in our people, profit by " LOS GATOS PLANNING COMMISStON 2/11/2004 Item #1, 20 South Santa ':'Cruz Avenue 2
1 making people happy, and win as team are a few of the 2 reasons why I decided and wanted to become a part of Cold 3 Stone Creamery. My family and I have invested a great deal 456 of
time and money into this venture, and we strongly believe in it. At Cold Stone Creamery we believe that the 7 customer service is a top priority. We use only the best 89 10 11 12 and
highest quality product to ensure that each customer is impressed by the product-we serve and the way in which we serve it. Cold Stone Creamery has an old-fashioned ice cream shop appeal
in a modern contemporary atmosphere. My employees are trained to guide each customer through a unique and individualized experience. The ice cream we 13 serve is made fresh at the store,
and each ice cream is as 14 unique as the customer who creates it. It is this 15 uniqueness and emphasis on service that I feel would make 16 17 18 Cold Stone a perfect fit for the small
town character of downtown Los Gatos. Currently ninety-percent of my crewmembers are 19 residents of the Los Gatos community. As an employer, I 20 feel I have an obligation to create
a respectful and safe 21 work environment. My crewmembers are energetic and highly 22 motivated. Frankly, I have been very by the high 23 24 level of responsibility
that these members of the Los Gatos community have demonstrated, and I look forward to hiring 25 and working with many more. The crewmembers are the .1: LOS GATOS PLANNING COMMISSION
2/11/2004 Item #1, 20 S·outh Cruz Avenue 3
1 building blocks of Cold Stone Creamery, and one of the main 2 reasons for my success at the Cornerstone location. 3 I also feel strongly about contributing to the 4 community in which
I have been given the privilege of 5 serving. In the short time that we have been open at the 6 Cornerstone location, we have contributed to many of the 7 organizations maka
Los Gatos so special. To list a 89 10 11 12 13 14 15 16 17 18 19 20 few, we have made, and continue to make contributions to the Los Gatos High School New Millennium Foundation; the
Lorna Public Education Fund; the History Club of Los Gatos; the Los Gatos Community Against Substance Abuse, or better known as CASA; the Los Gatos Educational Foundation; the Los Gatos
High School Athletic Association; the First Annual Los Gatos Breast Cancer Awareness Drive; and most recently with the Los Gatos/Monte Sereno Police Department in Adopt-A-Cop, in which
middle school children will spend time and share in an ice cream experience with various police officers, compliments of Cold Stone Creamery. I sincerely feel that with the departing
of Swensen's, Cold Stone Creamery would be a great ice cream asset to downtown Los Gatos, complimenting the diverse and 21 full range of services and products currently offered. As a
22 23 24 25 member of the Chamber of Commerce, I am committed to working with other business owners and continuing to serve the community to ensure that the high quality of life and
the preservation of the Town are always a priority. Thank you for your time and consideration. LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa':'Cruz Avenue 4
1 .... CHAIRWOMAN DREXEL: Thank you. Any questions from 2 Commissioners? Mike? 3 COMMISSIONER BURKE: I would ask Mr. Lortz to cut 4 me off if I ask an improper question here, seriously.
I 56 notice in your letter you talked about all the part-time either high school students of college age students you·ask, 7 and here's the part that may be improper. Can you tell me
what hourly wage range you pay those kids? 8 CATHERINE ASBUN: We start at minimum wage, and 9 then we go from there, depending on the hours that they do 10 11 12 13 14 15 16 17 18 19
20 21 22 work for me, and the responsibilities that they have. COMMISSIONER BURKE: Okay, and can you give us a ballpark range of where that goes to? CATHERINE ASBUN: Where it goes to?
COMMISSIONER BURKE: And I'm not talking manager level; I'm just talkins minimum ... CATHERINE ASBUN: Well right now, because I've only been open for six months, I have somebody who makes
right now $7.50 an hour. COMMISSIONER BURKE: Okay, thank you. CHAIRWOMAN DREXEL: Joanne? COMMISSIONER TALESFORE: You say in your letter, in Exhibit C, that brings back the old-fashioned
ice 23 cream parlor appeal with a modern and fresh decor." Could 24 25 you please describe to me what you mean by the old-fashioned ice cream parlor appeal with a modern and fresh decor?
LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Cruz Avenue 5
12 Creamery? 345 CATHERINE ASBUN: You haven't been to Cold Stone COMMISSIONER TALESFORE: I have. CATHERINE ASBUN: You have been? COMMISSIONER TALESFORE: I've been to the one at 6789
10 11 12 13 14 Cornerstone. CATHERINE ASBUN: Okay. Well, the decor that I'm speaking about is basically the wallpapering that we have, and very modern in terms of the colors and what
we're trying to do with bringing the angles and the architecture that's inside the actual creamery with the faux wood, et cetera. The old-fashioned ice cream appeal, we really believe
that it's a priority for us to make'sure that customer service is number one. We guide each individual if they're new to the experience, and we tell them about Cold 15 Stone Creamery.
We tell them how to experience ,it the best 16 way. We allow them to taste it. We guarantee them that if 17 they're not happy with their ice cream we'll remake their 18 ice cream for
them. We allow them to taste anything that 19 they like. And at times when we're busy, we tend to be 20 given tips, for thanking us for serving them, and 21 the kids
will break into song. Whether they get a tip or 22 not, sometimes they just do it for the fun of it. So it 23 24 25 tends to bring in a more family oriented atmosphere. COMMISSIONER
TALESFORE:. And would you characterize your business as busy? LOS GATOS PLANNING COMMISS10N 2/11/2004 Item #1, 20 South Santa',"'cruz Avenue 6
1 CATHERINE ASBUN: We tend to be busy. Right, now 2 obviously it's winter, so we're a little bit slower. In the 3 summer, yes. We were quite busy this summer. We range from 4 six to
eight employees. Our top would probably be eight, 56789 10 11 12 13 14 15 where we have probably six people in the front line and two working the back line, but that again is Friday
and Saturday nights, which tend to be our busiest times. COMMISSIONER TALESFORE: I have two more questions. How many franchise stores can you have in one area? By that I mean sometimes
franchise stores are limited by miles. CATHERINE ASBUN: Correct, and we are limited by miles. We're not limited by the amount of. stores that we can have in some sense. We are requested
though that if we're going to own more than two or three stores, that we show Cold Stone Creamery that we have the capability to be 16 able to do that. In other words, a team that will
be able 17 to handle this and maintain a certain level of service, a 18 certain level of cleanliness, and basically abide by the 19 standards ,. which are very 'high at Cold Stone Creamery.
So 20 21 22 23 we can't own more stores unless we are able to show that we have people who can actually help us run them; and I don't mean just crewmembers, I mean managers, et cetera.
There is a three-mile radius clause in our 24 contract. However, it can be changed given the density of 25 the population in an area, or it can be changed given the environment that
it's in. For instance, in my situation, LOS GATOS PLANNING 2/11/2004 Item #1, 20 South ,Cruz Avenue 7
1 they that the Cornerstone store that I own is more of a 2 neighborhood store, whereas the downtown store would be a 3 compliment to the services that are already there, to
the 4 people that are already shopping in downtown, and to 5 visitors who might come and visit downtown. So it's kind of 6789 10 11 12 13 14 15 16 17 18 19 a different type of customer
base that we would get. COMMISSIONER TALESFORE: So you're within a threemile? CATHERINE ASBUN: I am within a three-mile radius, and again, if someone were to come into my three-mile
radius, they give me the option to go ahead and do the store, or I can give up that option and somebody else can do it. I've chosen to take the option. COMMISSIONER TALESFORE: Of doing
it. So you plan on keeping both stores? CATHERINE ASBUN: Yes, I do plan on dqing that. COMMISSIONER TALESFORE: The team that works in both stores, are they one team and you'll alternate
them back and forth between the two stores? CATHERINE ASBUN: Yes. Yes, definitely. My 20 stores will be close together, so it's a little bit easier 21 for me and my sons. There are other
owners that I know who 22 have stores that are much farther apart, and so they're 23 managers obviously have to go in between. So it's a little 24 25 bit different, what I'm required
to do, as opposed to what other Cold Stone owners are required to do. COMMISSIONER TALESFORE: Thank you. LOS GATOS PLANNING COMMISS'rON 2/11/2004 Item #1, 20 South Santa' "Cruz Avenue
8
12 CHAIRWOMAN DREXEL: Any other questions? Lee? COMMISSIONER QUINTANA: Thank you for showing me 3 around the this morning and explaining the process to 4 mei I had never been
in it before. I try to stay away from 56 ice cream when possible. store at Cornerstone? My question is, how large is the 789 10 11 12 13 14 15 16 17 18 CATHERINE ASBUN: It's twelve hundred
square feet. COMMISSIONER QUINTANA: Sa it's about the same size? CATHERINE ASBUN: It's about the' same size, yes. The setup will be a little bit different though. My Cornerstone one
is an ideal setup, because it has a nice entrYWaYi you come in, you see the menu boards. Because of the long and narrow situation, it will be a little bit different, but I plan to do
it so where there will be a constant flow', it will be very user friendly, so to speak. I'm very adamant about that, making it so that people can come in and out and it's a very open
atmosphere. COMMISSIONER QUINTANA: Do you plan to have tables 19 on the outside as well, as on the Cornerstone store? 20 CATHERINE ASBUN: At this time I am not 21
that, no: I like to in the future? Possibly yes, but 22 23 24 we're discussing that with the, Lyndon Plaza COMMISSIONER QUINTANA: Thank you. CHAIRWOMAN DREXEL:
Any other questions? I have 25 some. will the ice cream be served in disposable containers, or reusable containers? LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Cruz
Avenue 9
12 CATHERINE ASBUN: Disposable containers. CHAIRWOMAN DREXEL: All right. And how many 3 tables will be in the store? 456789 10 11 12 13 14 CATHERINE ASBUN: Currently I think we've asked
for four, if I'm not mistaken. CHAIRWOMAN DREXEL: All right. How many stores are there within a twenty-mile radius of this store? CATHERINE ASBUN: Within a twenty-mile radius? CHAIRWOMAN
DREXEL: Yeah. I know there's one at the mall. cATHERINE ASBUN: Yeah, there's the Valley Fair 'and Oakridge. They are. obviously a little bit different, but there's one in each of those.
And then there's one in Campbell as well. . CHAIRWOMAN DREXEL: All right... So you're pretty 15 16 well represented. into business? Do you know where these stores first went 17 18 CATHERINE
ASBUN: Arizona. CHAIRWOMAN DREXEL: And so it is a national 19 franchise, is that correct? 20 21 22 23 24 25 CATHERINE ASBUN: Yes, it is. CHAIRWOMAN DREXEL: Your operations, are they
headquartered in Arizona as well? CATHERINE ASBUN: Yes. CHAIRWOMAN DREXEL: And your other store in Los Gatos is maybe a mile-and-a-half, two miles away? LOS GATOS PLANNING COMMISsioN
2/11/2004 Item #1, 20 South Santa':'Cruz Avenue 10
1 CATHERINE ASBUN: I think it's a little bit under 2 two miles. 3456789 10 11 12 13 14 CHAIRWOMAN DREXEL: All right. Does your formula allow you to vary what you serve, depending upon
the community in which your store is located, or do you pretty much do everything the same at every store? CATHERINE ASBUN: We're required to have what are called "base flavors," whether
it be ice cream, yogurt, and our new sinless we have. We're required to have a base and a minimum, but I can vary in that sense; I can have more or less. CHAIRWOMAN DREXEL: All right.
Are you required to carry yogurt? CATHERINE ASBUN: Yes, we are. CHAIRWOMAN DREXEL: Do you know anything about the .. 15 16 prior lessee in that space, Swensen's? representative from
Lyndon Plaza? I mean is there a 17 18 CATHERINE ASBUN: Yes, there is. CHAIRWOMAN DREXEL: Would you mlnd filling out a 19 speaker card and coming up, because I think I have a 20 question
or two for you. You can fill it out afterwards, 21 after I ask you questions, if that's okay. You need to come 22 to the podium please. This is the· owner of Lyndon Plaza? 23 24 25 DOUG
FEECE: I'm actually a property manager. The owner is my father. CHAIRWOMAN DREXEL: Okay, well I guess that sounds good enough to me. LOS GATOS PLANNING COMMIS$ION 2/l1/2004 Item #1,
20 South Avenue 11
1 DOUG FEECE: I qualify. I was deeply involved in 2 the whole Swensen's transition. 345 CHAIRWOMAN DREXEL: Okay, and your name? DOUG FEECE: Doug Feece. CHAIRWOMAN DREXEL: Doug Feece.
All right. Can 6789 10 you tell me when Swensen's went in, what year was that? you have any idea? DOUG FEECE: Nineteen-seventy-seven. CHAIRWOMAN DREXEL: Nineteen-seventy-seven. DOUG
FEECE: They signed their lease before the building was finished being built. Do 11 CHAIRWOMAN DREXEL: All right, so it's been over 12 thirty years. And at that point in history there
were not 13 14 15 16 very many sit-down franchise type restaurants, is that correct? DOUG FEECE: Well, (unintelligible). CHAIRWOMAN DREXEL: Yeah, I think that's probably 17 true. Okay,
and do you have any idea what percentage of 18 Swensen's service was walk-up versus restaurant? 19 DOUG FEECE: I would say in the summers 20 (unintelligible). Year round, I would say
seventy-percent 21 ice cream and thirty-percent food. 22 23 24 25 CHAIRWOMAN DREXEL: Really? DOUG FEECE: Yeah. CHAIRWOMAN DREXEL: Interesting, because I mean whenever I was in there
people ... LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa',"Cruz Avenue 12
12 years. DOUG FEECE: (Unintelligible) in the past four 3456789 10 11 12 13 14 15 CHAIRWOMAN DREXEL: . Okay, because when my kids were in there, it was always everybody was sitting down
eating ice cream out of a dish, and there wasn't that much walk-up. DOUG FEECE: Well, when you say walk-up, you're saying food service versus ice cream? CHAIRWOMAN DREXEL: Exactly. DOUG
FEECE: And also walk-up traffic versus drive-in traffic? CHAIRWOMAN DREXEL: No, what I'm talking about is were people being seated at the restaurant and eating their ice cream, or were
they walking in and grabbing a cone and leaving? My impression was that the majority was the restaurant. 16 DOUG FEECE: Yeah, there were a lot of sit-downs 17 traffic there. As far as
percentages, I really couldn't 18 (unintelligible). 19 CHAIRWOMAN DREXEL: Okay. 20 DOUG-FEECE: (Unintelligible) want to say fifty-21 fifty. I know a lot of people would come and grab
their ice 22 23 cream and take off (unintelligible). CHAIRWOMAN DREXEL: Okay, well thank you. Thank 24 you. If you'll fill out a card. You've· answered all my 25 questions. Are there
any more questions? We'll ask the applicant to sit down, and then we'll hear from the public. LOS GATOS PLANNING COMMIS9ION 2/11/2004 Item #1, 20' S'outh Santo:t-Cruz Avenue 13
12 CATHERINE ASBUN: Thank you. CHAIRWOMAN DREXEL: Caleb Yi, please.. And if 3 you'll state your name for the record, that will be helpful. 4 CALEB YI: Hi, my name is Caleb Yi. I am from
5 TCBY (unintelligible). I'm here to (unintelligible) of my 6 business from Cold Stone's trying to (unintelligible). I 789 10 11 12 13 14 15 16 17 have several issues with the (unintelligible),
but I am not very (unintelligible) about expressing my thoughts, but I hope I can get my point across to you guys. The first is that the difference between Swensen's and Cold Stone is
basically when Swensen's was there, it was a restaurant type of ice cream shop. That was my understanding. It focused on direct competition, like TCBY, and mostly they serve a lot of
customers like we do, and that is like comparing like Denny's with McDonalds or Burger King, say from McDonald's (unintelligible) used to be a Denny's, but now Cold Stone is coming in
and (unintelligible) Burger King. So for me personally, there 18 is direct competition, so that's one issue. 19 And the second is that the ice cream market in Los 20 Gatos, from my,
short experience, is that it is very 21 There is little growth that I see, and having 22 23 24 25 the same type of ice cream shops there not, only diminishes the
profits, also there is just no more space (unintelligible), because we have a lot of different ice cream shops (unintelligible), we have Baskin-Robbins and TCBY (unintelligible), and
we also have (unintelligible) LOS GATOS PLANNING COMMISS!DN 2/11/2004 Item #1, 20 South Santa ':'Cruz Avenue 14
12345 Cafe within a couple of blocks, and I don't think adding another Cold Stone represents businesses there (unintelligible) are any better than what we have already. And Cold Stone
serves basically the same type of cream and yogurt, they have ice cream cake, like we 6 have, and they also have smoothies. So basically 7 (unintelligible) have the same items
for the customers, and 8 I (unintelligible) my business (unintelligible). I have 9 10 11 12 13 14 15 16 17' (unintelligible) but I haven't had enough time to get (unintelligible), but
I (unintelligible) and I hope that (unintelligible) . CHAIRWOMAN DREXEL: Thank you. Any questions? Joanne? COMMISSIONER TALESFORE: Yes. Can you tell me what kind of products do you sell
in your store? CALEB YI: Right now we have ice cream, and yogurt, and Mrs. Field's cookies. COMMISSIONER TALESFORE: And how many favors of 18 ice cream do you have? 19 20 CALEB YI: We
have twelve flavors. COMMISSIONER TALESFORE: Twelve flavors? And how 21 many flavors of yogurt? 22 YEE: Right now it's five, but it used to be six. 23 COMMISSIONER TALESFORE: You have
six? And do you also sell ice cream cakes? 24 CALEB YI: Yes, we do; and we also have smoothies. 25 COMMISSIONER TALESFORE: And what? Smoothies? LOS GATOS PLANNING COMMISS, jON 2/11/2004
Item #1, 20 South Avenue 15
12 CALEB YI: Yes. COMMISSIONER TALESFORE: And do you characterize 3 your business as busy? 4 CALEB YI: I took over last year in September, and 5 it's been a losing battle for me. I've
had to put like more 6789 10 11 12 13 14 15 16 17 18 than sixty-eight hours every week, just because of the cost of maintaining the store. COMMISSIONER TALESFORE: Okay. Thank you. CALEB
YI: But I have to wait on how summer is going to work out, but I as of now it's not really busy. COMMISSIONER TALESFORE: Do you have tables inside? CALEB YI: We have three tables currently.
COMMISSIONER TALESFORE: You have three tables currently? How big is your space? CALEB YI: About twelve hundred COMMISSIONER TALESFORE: Thank you. CHAIRWOMAN
DREXEL: Mike? COMMISSIONER BURKE: How long has that store been 19 there? 20 YEE: I do believe (unintelligible) the previous 21 owner, I think (unintelligible) two years. 22 COMMISSIONER
BURKE: Okay. I would think, yeah, 23 at least that. I've been going there for a long long time. When 24 25 that went in, there was another ice cream' parlor down the street, Double Rainbow.
YEE: (Unintelligible) . LOS GATOS PLANNING COMMISSlbN 2/11/2004 Item #1, 20 Santa '.'Cruz Avenue 16
1 COMMISSIONER BURKE: And I'm just curious, if 2 you're thinking the market is saturated and we shouldn't 3 have ice cream beyond ... I'm not trying to be rude here, 4 but there was
another ice cream store close to this one 5 before yours went in, and has since left. Was it a mistake 6 to let your yogurt store go in there just because there was 7 another ice cream
store close? Is its closeness necessarily YEE: 89 10 11 12 13 14 15 16 17 a bad thing if they are different, arid is competition necessarily bad? (Unintelligible) commodity
we are talking about. I would think the coffee shops (unintelligible) the coffee shops will generate one type of environment (unintelligible). But I don't believe (unintelligible) ice
cream shops (unintelligible). So I spoke to several people about this, and they (unintelligible) . CHAIRWOMAN DREXEL: Thank you. COMMISSIONER BURKE: Follow-up. Being in the ice 18 cream
business-I don't mean this as humorous-but are there 19 ice cream trade conventions and things like that, and do you 20 discuss in small towns how far. people are willing to either 21
walk or drive to go to a particular ice cream place? What 22 I'm getting at is, is ice cream a purchase of opportunity? 23 I walk by a store; it's there, I go in, versus how many people
will walk a block, two, three or four blocks to get 24 ice cream? Do you know of any studies? 25 LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa', Cruz Avenue 17
1 YEE: In that case, we are (unintelligible) the 2 customer goes (unintelligible), but in a small town like 3 this, (unintelligible). A lot of customers that are ours 4 are not just
tourists; they are local. So basically if they 56789 10 11 12 13 14 15 know (unintelligible) there are a certain percentage of (unintelligible) and my understanding is that the percentage
of people who go there to (unintelligible), and then some tourists '(unintelligible) there will have the ice cream (unintelligible) . CHAIRWOMAN DREXEL: Thank you. Thank you very much.
All right, we have one more card, from Tima Nazarah. TIMA NAZARAH.: Hello. My name is Tima Nazarah. I own the Yogurt Delight down the street on (unintelligible)by Safeway. I've been
there for eighteen years, and the reason I'm here is I think (unintelligible) that we have too many yogurt shops, ice cream shqps here in 16 (unintelligible) town. We have (unintelligible)
and I think 17 (unintelligible). We have (unintelligible). We used to 18 have Double Rainbow, or or whatever it was called, but 19 (unintelligible) gb out of business because it 20 (unintelligible).
And I think there is another one down the 21 22 street (unintelligible). Now, I'm (unintelligible) Cold Stone being there, 23 competition sometimes is nice. They're by Whole
but 24 I think the other one is going to be too close. We don't 25 need two Cold Stones in town, like having two Yogurt Delights or having two Starbuck's so close to each other, ! LOS
GATOS PLANNING COMMIS$rON 2/11/2004 Item #1, 20 South Santa "Cruz Avenue 18
" -1 not even three miles. What's the reason? Her reason, she's 2 saying one is for touris-ts and one is for the neighborhood. 3 You were asking again, do people drive? Yes, they 4 will.
For my yogurt shop they will drive, because we have 567 non-fat, low-carb, so there are reasons (unintelligible). So some people do drive, some people (unintelligible), but sometimes
they walk by there, they feel like an ice cream, 8 and they buy one. But I think we have too many. Two 9 10 11 12 13 14 15 16 17 18 locations in one town is (unintelligible); it's not
fair to the small businesses like us. Cold Stone is a franchise. Swensen's was a franchise, but they were a restaurant. I'm sure their business, eighty-to ninety-percent was food and
not ice cream; it was a sit-down. This one is going to be (unintelligible). If we're supposed to have the same franchise (unintelligible) exactly the same, because I (unintelligible)
that no franchise can go in. It has to be the same exact thing. So first of all it was a restaurant. Second, 19 they're going to have seating at least for (unintelligible) 20 seating,
and it's too close to each other. And I think you 21 22 23 24 25 should help the small businesses and the businesses that are already here, help them, insteaq of having Cold Stone corning
again, even though they're already here, (unintelligible). CHAIRWOMAN DREXEL: Thank you very much. Any questions? Phil, did you have a question? COMMISSIONER MICCICHE: No. LOS GATOS
PLANNING 2/11/2004 Item #1/20 South Sante;t..Cruz Avenue 19
1 CHAIRWOMAN DREXEL: All right. I have one 2 question. Is your business a franchise? 3 TlMA NAZARAH: No, it's not a franchise. l 4S6789 10 11 12 13 14 lS 16 17 18 19 20 CHAIRWOMAN DREXEL:
So it's independently owned? TlMA NAZARAH: There is one other Yogurt Delight, because I got started in the (unintelligible), some of them went out of business, but he sold them individually
to people. CHAIRWOMAN DREXEL: All right. Thank you. Joanne? COMMISSIONER TALESFORE: Right. Do you sell only yogurt? TlMA NAZARAH: I have yogurt; I have ice cream. I just started the
ice cream about a year ago. COMMISSIONER TALESFORE: How many flavors? TlMA NAZARAH: I have nine flavors of ice cream. I have six flavors of frozen yogurt. COMMISSIONER TALESFORE: Thank
you. TlMA NAZARAH: And I have (unintelligible). CHAIRWOMAN DREXEL: Mike? COMMISSIONER BURKE: I'm going to ask you the same 21 question I asked the other person. I'll give you a little
22 background. My wife and I used to live in East Los Gatos 23 and there used to be a Thirty-One Flavors, and it was a four 24 or five mile walk for us. But that was kind of our walk
2S loop, and we would walk to Thirty-One Flavors. I'm just curious, are there any marketing of an ice cream j-j LOS GATOS PLANNING 2/11/2004 Item
#1, 20 South Santa"Cruz Avenue 20
1 store, of where they typically would get their business? 2 People walking by? People willing to walk two blocks, four 3 blocks? Is it a destination? 4 TIMA NAZARAH: I really don't
think there's a 5 study for that, no. And like I said, it really depends. 6 Let's say you like a particular restaurant. Would you bike 7 to that? Would you drive a way to go because
you like their 8 food? Or sometimes you're visiting, you are a visitor, you 9 10 11 12 13 are staying at a hotel. You're walking. Oh, Cold Stone, Yogurt Delight, I'll just go to that.
There is no study, so I can't give you an answer. But I'm saying, even if somebody is going to drive for something, there is Cold Stone, there is Yogurt Delight, there is all of us.
We don't need another Cold Stone. They are too close to each 14 other. Would you let another Starbuck's come in three miles 15 from the other Starbuck's, or any other business? I mean,
16 it's just not fair. 17 CHAIRWOMAN DREXEL: Mike? 18 COMMISSIONER BURKE: Well let me follow up. 19 You've said that the problem is it's another Cold Stone very 20 close. What if it
was a Thirty-One Flavors? 21 22 TIMA NAZARAH: It doesn't matter. against Cold Stone. I have nothing 23 24 25 COMMISSIONER BURKE: But it's not two Cold Stones, it's just another ... LOS
GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa·· Cruz Avenue 21
1 ' .. TIMA NAZARAH: It is two Cold Stones. We have 2 plenty of ice cream/yogurt shops that we have in town. Why 3 do we need more? Why? 45 CHAIRWOMAN DREXEL: All right. TIMA
NAZARAH: Cold Stone and TCBY are so close to 6 each other. They're not even six steps from each other. 7 Why do we need another Cold Stone there? I mean, it's not 8 fair to the (unintelligible).
I mean, it's not fair. 9 10 11 12 13 14 CHAII<WOMAN DREXEL: Thank you. TIMA NAZARAH: We've been there for a while. I mean I don't understand. CHAIRWOMAN DREXEL: Thank you very much.
Any more questions? All right. I want to thank you. TIMA NAZARAH: Thank you. Thank you very much. CHAIRWOMAN DREXEL: All right. And I have a 15 question for Staff. We do not deal with
competition between 16 17 businesses, is that correct? DIRECTOR LORTZ: There is no policy that .the 18 Council has adopted that asks that the Planning Commission 19 intervene in terms
of competition. There has been a 20 situation where, for example, a Long's was moving in to the 21 Rinconada Center. There was a concern about how it would 22 23 24 affect a mom and
pop photo development business, and as so there was a condition of approval that no drop-off film was allowed at that Long's until the mom and pop business may 25 perhaps go out of business.
That actually did happen, and now you can go to Long's and do your drive up. But LOS GATOS PLANNING COMMIS$ION 2/11/2004 Item #1, 20 South Santa'" Cruz Avenue 22
1 that's the only time where we've kind of entertained any 2 kind of an issue along those lines. 3 CHAIRWOMAN DREXEL: Thank you. All right. I am 54 going to ask for rebuttal by the applicant.
CATHERINE ASBUN: I'm very well aware that 6 everybody is concerned about (unintelligible). I've 789 10 11 12 13 14 15 16 11 invested everything I have into this business I have now,
and I will be doing the same thing with the second store. I have three children with my husband and "I, and I mortgaged my home, so I am very ... I understand how they feel. I have been
talking to the owner of TCBY, and I addressed to him the fact that Cold Stone does require me to go ahead and have one yogurt flavor (unintelligible). And at my current store, I do have
three different flavors, because people have asked for them, so I had a (unintelligible). However, I did make it very clear to him that I will only carry in that downtown store one flavor
of yogurt, and that's the (unintelligible), which I'm required 18 to carry. (Unintelligible) no sugar were added, that it's 19 not in direct competition with the low-carb blend, because
20 it's (unintelligible) it still has carbs. 21 In other words, I'm willing to do what I can to 22 make it easier for ... I want to work with the businesses in 23 the community. I am
not here to put anybody out of 24 business, because I wouldn't want to be without a business 25 myself. So I know how that is, and I know how that would feel, so I can SYmpathize with
that. LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa'. Cruz Avenue 23
1 Cold Stone is different. We make our ice cream at 2 the store. We are a high premium ice cream. We are 3 developing great flavors that people can just dream up, that 4 they don't have.
It's a different type of a concept. It's 56 (unintelligible) that's also, like I said, (unintelligible). We have several sushi spots as well in downtown, and we have 7 several steak
houses in downtown. It is competition, I 89 10 11 12 13 14 15 16 understand; I understand the concerns. I am more than willing to work with them, and I have spoken to (unintelligible)
. CHAIRWOMAN DREXEL: Thank you. Any questions? Joanne? COMMISSIONER TALESFORE: How long have you been in business? CATHERINE ASBuN: I have owned a Cold Stone (unintellig{ble) years,
but I have been (unintelligible) since 2001. 17 COMMISSIONER TALESFORE: But you haven't operated 18 (unintelligible)? 19 CATHERINE ASBUN: I haven't operated a store, but 20 I've been
very 'involved in the stores, and I've operated my 21 store since June of last year. 22 23 24 25 COMMISSIONER TALESFORE: How many months? CATHERINE ASBUN: About six or seven months.
COMMISSIONER TALESFORE: Okay, thank you. CHAIRWOMAN DREXEL: Mike? LOS GATOS PLANNING COMMISSrbN 2/11/2004 Item #1, 20 South Santa ""Cruz Avenue 24
1 COMMISSIONER BURKE: You stated you've put-and I 2 understand this, having come from a family of family 3 businesses-that you've put everything you have into your 4 first business.
You've operated it for six months. I'm 5 going to ask, why are you expanding already? That's brave, 6 but is business that good? Has market demand shown that the 7 downtown needs more
ice cream? I mean, what's your driving 89 10 11 12 13 14 force to expand so quickly? CATHERINE ASBUN: My (unintell'igible) my initial (unintelligible) has always been downtown Los Gatos.
Unfortunately, due to the economy, that wasn't something that happened, because obviously a restaurant had to go out in order for me to go in. And so like I said, I've been in (unintelligible)
since 2001, and since then I've seen how well this ice cream 15 idea, concept has done. The consistency (unintelligible) to 16 maintain, even though I hadn't been owning a store in the
17 last four years, I was very involved. I went to the 18 franchise meetingsi I've seen how how much they've grown. And 19 not only that, but I've seen that there's been a consistency
20 (unintelligible) i they haven't slacked off. If anything, 21 they're continuing to try to come up with new things, bigger 22 and better, continuing to improve. We have a 23 24 (unintelligible)
where they come by, and secret shoppers, where they have people come by and rate you, and that hasn't 25 changedi that's continued. So yes, I'm willing to invest in LOS GATOS PLANNING
2/11/2004 Item #1, 20 South Santa-Cruz Avenue 2S
1 this company, because I do feel that they are 2 (unintelligible) starting to take off. 3 As far as downtown Los Gatos, obviously it's a 4 beautiful location, right in front of a park.
An ice cream 5 store lasted there for thirty years. We do have, as they 6789 10 11 mentioned, other yogurt stores that have still maintain and done well in terms of business, have been
able to (unintelligible). So yes, I do think that it would be an ideal location for this ice cream store. CHAIRWOMAN DREXEL: Thank you. I'm going to close the public hearing. Thank you.
Any comments? Phil? COMMISSIONER MICCICHE: First, let me say the Cold 12 Stone Creamery is well loved by my children, so after I get 13 through talking tonight, I may not be welcomed
at home 14 15 16 anYmore. feel. But needless to say, I have to go with what I I walk every morning, for health reasons, between 17 Route 9 down to the center area and then down to Main
18 Street. I've been doing this for the past ten or eleven 19 20 21 22 years, and as I walk along, the thing that's concerned me about what's happening in town is that as I
start to approach Bean Street, I start to envision a mall situation. I see a Williams-Sonoma; I see a lot of the franchise stores 23 corning into town. I get away from it again when
I go down 24 Main Street,because there's a lot of the horne-owned stores 25 as I go down there. But as I come back on University, I come into New Town. Well I guess it really is Old
Town, but LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Santa"Cruz Avenue 26
1 it' really is New Town now, and I see The Gap, and I see 23456 Banana Republic, and I see Talbot's just got in there, and the only old stores I see are The Indian store and the wine
restaurant, and Steamer's. And I guess it's just concerning me that our town character and the integrity of our downtown is slowly but 7 surely going over to franchise type operations.
And I for 89 10 11 12 13 14 15 one would like to stop that. I don't know how my other Commissioners feel tonight, but based on those statements, I'm going to make a motion to deny ,Conditional
Use Permit U-04-8, as I feel it does not meet with the integrity and character of the Town, and unless I get other guidance from the Town Council, which is kind of silent on this subject,
that's my motion, and I'll look for a second. CHAIRWOMAN DREXEL: I'll second. Comments? Mike? COMMISSIONER BURKE: This is a question for Mr. 16 Lortz. Can you explain being that an ice
cream store has 17 18 19 20 21 22 23 24 25 gone out-and I know it kind of tries to explain it in the Staff report-an ice cream store went out eight months ago. An ice cream store wants
to come in, but yet we're requiring a new CUP? Second-and I understand we're calling this CUP, for specialty retail-if the CUP was granted, what could come in in its place? ,So those
I guess are the questions I ask: why are we required to do a CUP for this, and what would be allowed to come in in its place? LOS GATOS PLANNING COMMIS$JON 2/11/2004 Item #1, 20 South
Avenue 27
1 DIRECTOR LORTZ: The CUP is for a restaurant use. 2 For the purposes of the traffic engineering policy, donut 3 shops and ice cream shops and whatnot are categorized as 4 specialty
retail for the purposes of the amount of traffic S they generate. But for the purposes of our code, the 6 Planning Code, basically it is considered a restaurant use, 7 and consequently
does require a use permit. It is 89 10 11 12 13 categorized as a restaurant use, as opposed to maybe perhaps someone that would sell prepackaged foods for something like that, which
it's not. So the first thing is that it is a restaurant. Yes, it's replacing a that was there before, but it was in a different configuration, and so when we do
use permits that are in a multi-tenants building, the use permit 14 runs with the space. So in this case, the lS 16 17 18 restaurant that went out, Swensen's, occupied
a different floor area and a different configuration than the proposed use, so they're corning in to get a use permit. COMMISSIONER BURKE: So if they were occupying the 19 full space
of Swensen's, they wouldn't need a use permit, 20 and we're requiring it because they're smaller? 21 22 DIRECTOR LORTZ: Well, the question would be whether there's an intensification
of use, some sort of a 23 change that causes the use permit to be modified. So it's possible that it could be categorized as an intensification 24 of use; it might be an issue that I'd
bring before the 2S Planning Commission to whether there is an intensification. LOS GATOS COMMISStON 2/11/2004 Item #1, 20 South Santa'.'·Cruz Avenue 28
1 That would be what I'm talking about here is the findings 2 that are necessary to approve a use permit, and then also 3 the provisions of the zoning code that talk to 4 intensification
of use. A change in product could trigger a 56789 10 11 12 13 14 15 16 17 modification of the use permit. COMMISSIONER BURKE: Thank you. CHAIRWOMAN DREXEL: Lee? COMMISSIONER QUINTANA:
Question to Staff. Correct me if I'm wrong. The ordinance that the Town Council passed on chain stores exempts restaurants? DIRECTOR LORTZ: The Formula Retail Ordinance is a retail-based
zoning regulation. The Council has never really discussed the concept of formula restaurant uses. Since restaurants are controlled through a use permit process anyway, the question is
whether or not moreparticularly in the downtown area-whether formula-based restaurant uses are appropriate, and I think the Maker of the Motion spoke to that issue in terms of the integrity
of 18 the zone. As you know, to approve a use permit, the 19 20 21 22 23 24 25 Planning Commission must make several findings, one of which is proposed use will not impair the
integrity and character of the zone, and I think that's what the Maker of the Motion was speaking to. COMMISSIONER QUINTANA: Okay, I was referring to the statement in the Staff report
that says, "However, the retail ordinance does not apply since it is considered a restaurant use under the Town Code." LOS GATOS PLANNING 2/11/2004 Item #1, 20 South
Santiit .. Cruz Avenue 29
123456 DIRECTOR 'LORTZ: Yeah, what we were trying to do is distinguish why the use permit was required, and it was required because it was a restaurant use, and not because it was a
formula retail store. COMMISSIONER QUINTANA: Okay, I have another couple of questions regarding parking requirements and the 7 parking requirements possibly for the entire complex. I
89 10 11 12 13 understand for restaurant use, the parking requirement would be two parking spaces, because there are eight seats? DIRECTOR LORTZ: One for, each four seats. COMMISSIONER
QUINTANA: Okay. The applicant has stated that at peak time they would have six to eight employees, and I'm a little concerned about that in terms of how the remaining parking spaces
that were allocated to 14 Swensen's could be used. Two parking spaces does not 15 16 17 accommodate eight employees. DIRECTOR LORTZ: Is there a question there? COMMISSIONER QUINTANA:
Well, I guess I'd have to 18 go back and say what are the uses in the center? How many 19 spaces do they require? What is the allocation of parking 20 to that center, both on-site and
off-site? 21 22 23 DIRECTOR LORTZ: We probably studied that center more than any other building in the Town of Los Gatos. We've done a comprehensive parking study for the entire 24 building
for every use within the building. Now, when the 25 space that has been vacated by Swensen's-that is not the subject of the application-comes in, there is sufficient LOS GATOS PLANNING
COMMISsioN 2/11/2004 Item #1, 20 South Santa ':'Cruz Avenue 30
123456789 10 11 13 14 15 16 17 18 19 20 21 22 23 parking through the parking assessment district and the parking that's on-site for retail use. Now if a restaurant were going into that
location, then we'd be very careful about the number of seats that could be allowed, because then we'd start looking at the site again and how this particular use has eroded-and as you're
correct-two parking spaces. COMMISSIONER QUINTANA: SO my question is that if this motion were to fail-just supposing-and another motion came up to approve, we could condition that approval
that there are six to eight parking spaces assigned to this site to ensure that ... DIRECTOR LORTZ: I understand where you're going. I'd have a little bit of concern that the Planning
Commission is establishing a parking regulation that doesn't jibe with the regulations. COMMISSIONER QUINTANA: But theoretically, if the Swensen's use had eighteen parking spaces, and
this use has two, then the remainder of the site could be a restaurant theoretically, and could have up to sixty-two seats, and utilize the remainder of those parking spaces? 'DIRECTOR
LORTZ: I understand your logic. The concern that I'd have is that you're essentially establishing a series of rationale to establish a parking 24 scenario that doesn't follow the zoning
.ordinance. Now if 25 you want to say that the employees are'supposed to get bus LOS GATOS PLANNING COMMIS$ION 2/11/2004 Item #1, 20 South Santa, Cruz Avenue ' 31
1 passes, if the employees are supposed to ride their 2 bicycles ... 3 COMMISSIONER QUINTANA: No, what I'm trying to 4 establish is that this is a CUP and we look at impacts. 56789 10
11 12 13 14 15 16 17 18 DIRECTOR LORTZ: Certainly. COMMISSIONER QUINTANA: And the impact of this business would be that it would have six employees. OIRECTOR LORTZ: Understood. If the
Commission is inclined to follow that rationale, then we'll discuss it further, if there's a consensus of the Commission. COMMISSIONER QUINTANA: It's looking at the potential for problems
down the road, that's assuming the motion is passed. CHAIRWOMAN DREXEL: Well, why don't we wait and see if the motion is passed before we address that? COMMISSIONER QUINTANA: Okay, in
that case, I'm going to say that I'm not going to support the motion, because for the reasons that were brought up before, we have not controlled competition between uses in the downtown
19 before. We have allowed franchises to corne in, even under 20 the new formula store policy when the formula store is 21 replacing' another formula store. In a sense, we can look at
22 this as one formula store replacing another, Swensen's. And 23 24 25 basically those are the reason's why I'm going to say that, because I think that we would not be looking at' all
applications with the same objective criteria. LOS 'GATOS PLANNING COMMISSrON 2/11/2004 Item #1, 20 South Santa':'Cruz Avenue 32
1 CHAIRWOMAN DREXEL: Thank you. Any other 2 comments? Yes, Tom? 3456 COMMISSIONER O'DONNELL: I have a question of Staff. DIRECTOR LORTZ: Yes? COMMISSIONER OIDONNELL: Excuse me, as you
can 7 tell, it's my first meeting. Therefore my question will 8 also be a first meeting question, I think. I'm listening to 9 10 11 12 13 all this, and I'm hearing a couple things that
I'd like to ask Staff about. One is there is an objection that this is a franchise store and that somehow, just because it's a franchise store, might threaten the integrity of the downtown.
The other thing of course is that it's an ice 14 cream store, and it doesn't make any different whether it 15 mom and pop or whether it's anybody. It's another ice cream 16 store. And
I guess one of the things I'm more concerned 17' with is the latter and not the former. 18 I do recall that in Carmel where you used to have 19 shops, you can now buy t-shirts and ice
cream and a few 20 other things. .But I wonder whether this town has anything 21 which would permit us to focus on gee that's too many? And 22 23 24 25 that's just a very naive question
that I'm asking, and I'm asking Staff for that, and then obviously any Commissioner can weigh in too, but first I'd like to hear-if Bud understands my question, if it was clear enough-I'd
like to hear an answer. LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Santa'...Cruz Avenue 33
1 DIRECTOR LORTZ: Yes, I did understand the 2 question, and while there may not be any specific regulation 3 that speaks to this issue, there could be General Plan 4 policy that relates
to this. For example-and I'm not 56789 10 11 12 13 14 15 16 speaking on behalf of the Maker of the Motion-but I don't know if the Maker of the Motion was perhaps considering Section
LP-62 of the General Plan that talks about encouraging the development and retention of small businesses and locally owned stores and shops that are consistent with small town character
and scale. And so the question there is locally owned stores and shops, is that something that then precludes the Maker of the Motion from being able to make the four findings where
in this particular case it could be impairing the integrity of the zone? And I don't want to speak on behalf of the Maker of the Motion, but I think that that's what I heard. COMMISSIONER
O'DONNELL: That's where it was 17 coming from. But I'm being pointed out something that may 18 be more to what I was asking. LP-S1 says maintain a variety 19 of commercial uses, and
it goes on to explain that, and 20 that's what I asking. In other words, it may be 21 relevant as to whether who owns it. It may be, and I'm not 22 23 sure it is in this particular
instance, but it may be. the first issue I would simply say is how many ice creamBut 24 stores do we ·need downtown? If that gets to LP-S1, my 25 question is, we do have a policy there?
DIRECTOR LORTZ: Right. LOS GATOS PLANNING COMMISSION 2/11/2004 , ' Item #1, 20 South Santa'Cruz Avenue 34
1 COMMISSIONER O'DONNELL: And so I guess one of the 2 questions would be how much is too much? And I don't'know. 3 We've had testimony now. I don't recall the discussion in 456789 10
11 12 13 14 15 16 17 18 the report, but that's maybe I just don't recall, about how much is too much. DIRECTOR LORTZ: We have not provided any kind of a measurement in terms of the saturation
issue. I think that's the issue that seems to come up quite often in the downtown area, whether it be saturation of alcohol serving businesses, or restaurants, or whatever it is, but
that does come up, and it is a balance, and it is not necessarily predicated on empirical evidence that has been offered to you through the Staff report, but certainly there's been some
testimony about that this evening. CHAIRWOMAN DREXEL: All right. Mike? COMMISSIONER BURKE: I'm'torn on this, and I'm going to go back to the comment my fellow Commissioner made about
Carmel, and if I remember correctly, the reason Clint Eastwood became Mayor was because he wasn't allowed to eat 19 an ice cream cone on the sidewalk. That was his stated 20 reason,
that he thought the regulations in the downtown had 21 gotten a little ridiculous. And so I approached this 22 meeting with the thought of well, I don't want this to be 23 another Carmel.
And then I was just struck as yeah, in 24 Carmel what do you get now? Ice cream and t-shirts. 25 I have nothing against Cold Stone Creamery. I will say that I have probably visited every
ice cream store LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Sant,p< Cruz Avenue 35
1 downtown, and do so as often as I can. It's one of my' 2 favorite things. I used to get lunch everyday at the yogurt 345 place .. One of the downsides of franchises is he used to make
a really great coffee smoothie type thing that the guy developed himself, and I used to get that on a regular 6 basis. One day I went in there and the guy said, "Oh, the 7 national people
told me I couldn't make that anymore, 8 because it wasn't part of our official products." So that 9 10 11 12 13 14 15 is the downside of chain stores, is they can't necessarily suit
the local resident's needs. So as I said, I originally thought I'd come in and it would be easy to support this motion, but I am starting to waiver the other way, and I don't know how
I'm going to vote right now. CHAIRWOMAN DREXEL: Joanne? COMMISSIONER TALESFORE: Thank you. Mike, I agree 16 with you. This is a toughie. But I think that-and I'm not 17 18 19 against
competition at all; our country was founded on itbut we are after a balance, especially in our historic downtown, and I think that we're trying to protect that 20 character. And we have
two policies our General Plan 21 22 23 that specifically speak to encouraging the development and retention of locally owned stores under and LP-62, encourage the development
and retention of a small business, 24 locally owned· stores allover again. So we are trying to 25 encourage this homegrown atmosphere, or at least protect what we have, and I keep thinking
that although I'm not LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa " Cruz Avenue 36
123456789 10 11 12 13 14 15 16 17 prejudiced at all-I did have ice cream in your store the 'other day-I just feel that a vote in favor would be keeping out this homegrown locally, encourage
the development of our downtown again, so I think will probably be supporting this motion. And I also think besides that, your very own company has limits as far as miles are concerned,
and restrictions for where your stores should be in relationship to each other. You already have a very nice location at Cornerstone; that's a very busy shopping I would
imagine that you could really make ... I mean, people will drive there to get your ice cream. So for that anything, that's all I'm going to say, so thank you. CHAIRWOMAN DREXEL: All
right. Morris? COMMISSIONER TREVITHICK: I too will support the motion because I can see the need to preserve this particular corner area in our. downtown to maintain that integrity,
and I think if we start to break it up into 18 smaller areas, there will be an erosion of the integrity of 19 the town, so I would support the motion. 20 CHAIRWOMAN DREXEL: All right.
You know what? 21 I'm going to interject, and then I'm going to call in you 22 23 24 25 too. I'm going to explain to you why I was very comfortable seconding this motion, first of all,
with the history of Swensen's. Swensen's came in when franchises didn't mean anything; there weren't any franchise restaurants. So the LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1,
20 South Santa· Cruz Avenue 37
1 fact that there was a franchise there, and it became 2 eventually the only Swensen's probably in the San Jose area, 3 meant that even though it was a franchise store, it operated 4
pretty much as though it were an independent store in terms 5 of its visibility nationally. I mean there just weren't 6 very many stores. So I don't think the fact that it was a 789
10 11 12 13 franchise really had any bearing on its use towards the end anyway, the last five'or six years. It isn't really the same use. The use before was people eating ice cream sundaes
in dishes at tables, being served. Yes, people came up and got a cone, but the majority of people were actually sitting down there at the tables. We used to celebrate every time my kid's
grades carne out by going in there and having an earthquake. And so 14 we were all in there with our spoons and everything. And 15 yeah, people would come in and get a cone, but
people 16 17 were in there sitting down and eating. completely different. So the use is 18 19 20 21 22 23 24 25 I think that you're going to end up with a greater intensification of
use if you divide the property and you have the stream of traffic running in and out of there with their messy cardboard paper containers and whatnot versus those dishes from old Swensen's.
As far as the findings, is the proposed use of the property essential or desirable to the public convenience? You could say no, because there's TCBY right half a block away that provides
virtually the same sort of a product. It LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa':' Cruz Avenue 38
1 does provide choice, so you could say yes. With regard to 2 our first finding, you could say yeah, it does give people a 3 choice. But then at what cost? And that's what I think we
4 need to weigh here, at what cost? will the proposed use 56789 10 11 12 13 14 impair the integrity and character of the zone? Under LP-6.2, we're supposed to encourage the development
and retention of small businesses and locally owned stores and shops that are consistent with small town character and scale. This isri't local, and franchises'coming in raises rents
for all the local homegrown businesses in town. We hear that all the time from local business people. So I think that if anything, it discourages local businesses. I'd love to see another
kind of store in there, another local store; a local deli maybe, a local ice cream shop, but 15 something local. National chains drive up rents, nation?l 16 17 18 19 20 21 22 23 chains
detract from the small town character of Los Gatos, particularly our sensitive commercial zone, and we don't want to make Los Gatos a mall and destroy it's character, and that's what
I'm worried about; that street is starting to look like a mall. How do we distinguish? Der Weiner Schnitzel's. Okay, if Der Weiner Schnitzel's wants to move into the other half, how
do we distinguish a national fast-food ice cream 24 store from a national fast-food hot dog store? I mean, they 25 both use disposable junk; they both have foot traffic. Do we want fast-food
stores on Santa Cruz Avenue? I think we LOS GATOS PLANNING COMMISSION 2/11/2004 Item #1, 20 South Santa Cruz Avenue 39
1 have to kind of decide that we don '·t, and we have to be 2 consistent. This is a matter of being consistent about our 3 decisions. We have to say no, we don't want that kind of 4
fast-food franchise traffic i whether it's ice cream or hot 5 dogs, on North SantaCruz Avenue. Joanne? 67 COMMISSIONER TALESFORE : Two things. First II"d like to commend Cold,' Stone
Creamery though, because of your 8 outstanding and continued community support. You obviously 9 10 11 12 13 14 15 want to be part of our community, and that's one of the best ways to
do it. Thank you. I really, really think you are a role model in that area. But to also just weigh in one more time, I think maybe the question I wbuld have to ask is that if under the
general plan guidelines we are supposed to support the unique nature of our town I then if we allow another national chain store in, how are we supporting the unique nature of 16 17
our town? Thank you. CHAIRWOMAN DREXEL: Mike? 18 19 20 21 22 COMMISSIONER BURKE: Several points. One is I'm I'm going to ask that the Maker of the Motion to include as maybe. part of
his motion-and the reason I would like to do this is so it's part of what goes forward to the Council-is that one of the concerns raised here is the two parking 23 spots with six employees.
I think thatls something that as 24 25 we send this forward, itls more than just the over saturation of ice cream, it's would, this new use cause problems? LOS GATOS PLANNING COMMISSLON
2/11/2004 Item #1,
20 South Santa '.'Cruz Avenue 40
1 COMMISSIONER MICCICHE: Let" me comment on that. I 2 think the motion is denied, so putting a condition on a 3 denied, I believe ... Let me finish. I think the comments 456789 10 should
go forward, but if this were to be appealed and approved by Town Council, that they'd take that into strong consideration. COMMISSIONER BURKE: That's why I was asking that that be part
of your motion, that one of the reasons for turning it down is the parking, and that way it definitely goes forward; that's all I meant. Or somehow not as a condition, but included as
one of the justifications. 11 COMMISSIONER MICCICHE: (Unintelligible) . 12 13 14 COMMISSIONER BURKE: My second comment is that Stone Cold Creamery's own guidelines have the three mile
radius, and there aren't any ice cream stores up where this "15 one is now. They recognize that there's a certain 16 17 saturation level, and by putting one downtown, are we risking
the one in an area where we don't have anything 18 else? So I think in a way by denying this, we are are also 19 supporting the people --20 COMMISSIONER MICCICHE: (Unintelligible) .
21 22 23 24 25 COMMISSIONER BURKE: Yeah, saying that we want the one kept up by Teel's Jewelry, whatever that shopping center is. COMMISSIONER QUINTANA: Cornerstone. COMMISSIONER BURKE:
Cornerstone, thank you. LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Cruz Avenue 41
1 COMMISSIONER QUINTANA: Cold Stone and 2 Cornerstone, that sort of works. A new marketing phrase. 3 COMMISSIONER MICCICHE: Mr. Lortz, they've asked 4 to include in a denial motion here
that one of the reasons 5 is the parking as well. I'm not sure we had to make that in 67 spite of the findings and your comments were that we have parking regulations that supersede
anything that we're 8 saying here. I believe you said that. 9 10 11 12 13 14 15 16 17 DIRECTOR LORTZ: Well I don't think there's any problem with the comment being forwarded that two
of the Commissioners had a concern about that, and that comment would be forwarded to the Council if there is an appeal. COMMISSIONER MICCICHE: Say I'd like to put two comments in my
motion then, or they will go there anyway? DIRECTOR LORTZ: It's fine that those be included. COMMISSIONER MICCICHE: Okay, I will include your comments in my motion. CHAIRWOMAN DREXEL:
I'll second. All right. Any 18 other discussion? I guess we're ready for a vote. All 19 those in favor? 20 21 22 23 24 25 COMMISSIONERS: Aye. CHAIRWOMAN DREXEL: All those against. COMMISSIONER
QUINTANA: Nay. CHAIRWOMAN DREXEL: All right, we have six one for denial. ORRY KORB: So the motion passes six to one denial of the Conditional Use Permit. The Commission's action is LOS
GATOS PLANNING COMMISsioN 2/11/2004 Item #1, 20 South santa':'Cruz Avenue 42
1 final. The Commission's action can be'appealed to the Town 2 Council. Forms, are available in the Clerk's office. There 3 is a fee for filing an appeal, and the appeal must be filed
4 within ten days. 56789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRWOMAN DREXEL: Thank you. All right. see, we don't have any other continued business. Let's N\Dev\Minutes\Planning
Commission 2-11-04, Item #1 doc -Microsoft Word LOS GATOS PLANNING 2/11/2004 Item #1, 20 South Cruz Avenue 43
Page 1 of 1 Bud Lortz .' Cold Stone Creamery From: To: Date: Subject: Hi! "Jeanne Drexel" <jdrexel@alum.calberkeley.org> "Mike Wasserman" <mwasserman@losgatosca.gov>, "Diane McNutt"
<dmcnutt@losgatosca.gov>, "Joe Pirzynski" <jpirzynski@losgatosca.gov>, "Sandy Decker" <sdecker@losgatosca.gov>, "Steve Glickman" <steve@glicktech.com> 3/7/20043:17 PM Cold Stone Creamery
I know you are hearing an appeal for Cold Stone Creamery on Monday and hoped to explain why the planning commission unanimously denied its C.U.P. Cold Stone Creamery came to the planning
commission wanting to open a store in part of the old Swenson site. The logic was, Swenson's used to be a national ice cream chain and this is a national ice cream chain, so the use
hasn't really changed and the district isn't really affected by Cold Sto.ne store moving in. The planning commission unanimously thought otherwise for the following reasons. 1. Swenson's
was a sit down restaurant. Though it had a take away ice cream component, it was primarily a restaurant that served ice cream in dishes served by waiters. The use was very different.
. 2. Swenson was a national chain that started its business at that site before there was a threat of national chains dismantling the unique character of our down town. That changed
circumstance made it different. 3. We are required by the general plan to protect the small town character of our town and to act in a way to keep the downtown commercially viable. Generally,
national chains are not consistent with the small town feel of our . down town. Also, they drive up rents which makes it harder for small stores to locate here. If our town became just
another mall, loaded with national chains, it would impact the commercial viability of the whole town. There would be no special reason to come to Los Gatos, as there is now. It would
no longer have it's very commercially precious unique shopping value. In order to' find that a use is appropriate for the downtown, we have to find that the use will not impair the zone.
We found that putting this store in would impair the zone for the aforementioned reasons. 4. We have to make a second finding to approve the use. We have to find that the use would be
essential or convenient to the public. While ice cream stores are not essential, the additional choice is convenient for many people. They like the ice cream. However, there is already
a national ice cream store with the same product line a half a block away (TCBY) that carries yogurt, ice cream, ice cream cakes, and cookies in about the same size space as this, as
proposed. It is also a take away business with the attendant refuse. In addition, there is another Cold Stone Creamery only one and a half miles from the proposed site. The national
headquarters for the chain recommends that stores be no closer than 3 miles from one another. An exception was carved for this proposed store because headquarters didn't feel, for some
reason, that the two stores would cannibalize one another's business. The long and the short of it is that there has to be a balancing of benefits and rewards. The cost (and precedent)
of putting in another national chail} to the integrity of the down town is huge. The benefit is slight. Conditional use permit denied. Jeanne "," . Attachment 6 file://C:\Documents%20and%20Settings\U
ser\Local%20Settings\TEMP\GW}00002.HTM 3/8/2004
j j
! Suzanne Davis -Cold Stone App.eal From: Lisa Scopazzi-Evans <lisa@scopazzi-evans.com> To: <drncnutt@losgatosca.gov>, <jpirzynski@losgatosca.gov>, <mwasserman@losgatosca.gov>, <sdecker@losgatosca.go
v>, <sglickman@losgatosca.gov> Date: 3/8/04 11 :36AM Subject: Cold Stone Appeal Hello, My name is Lisa Scopazzi-Evans and I live at 187 Vista Del Monte in Los Gatos. I am unable to attend
the meeting tomorrow night but wanted to be heard. . I recently learned that Cold Stone Creamery wants to open yet another store in Los Gatos in the old Swenson's building. For what
it's worth, I agree with the planning commision in not allowing such an occurance to take place. I feel we already have plenty of ice cream type in Los Gatos and do not
need another one -especially Cold Stone, since they already have a store on Los Gatos Blvd. It doesn't make sense to'lme. I would much rather a restaurant-type of business go into that
space rather than another take-away ice cream shop. Los Gatos needs more "family friendly" restaurants like Willow Street and Pedro's. Thank you for your time. Sincerely, Lisa Scopazzi-Evans
*TCBY, Dolce Spazio, Yogurt Delight, Baskin Robbins, Cold Stone on Los Gatos Blvd, Thrifty ice cream in Rite Aid, etc... Page l' \ " Attachment 7
" .. ""
DATE: TO: FROM: SUBJECT: DISCUSSION: MEETING DATE: 4/05/04 ITEM NO. 'b ADDENDUM COUNCIL AGENDA REPORT April 1, 2004 TOWN MANA CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING
AN APPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHERRESTAURANT USE (COLD STONE CREAMERY) ON PROPERTY ZONEp C-2. APN 510-45-075 CONDITIONAL USE PERMIT U-04-8
PROPERTY LOCATION: 20 S. SANTA CRUZ AVE PROPERTY OWNER: PARK ROW EAST APARTMENTS, LTD APPLICANT/APPELLANT: CATHERINEG. ASBUN Attachment 8 is a letter that was received following completion
and printing of the staff report for this item. Attachments: 1.-7. Previously received -8. Letter from Andrew L. Faber (three pages), received March 31, 2004 BNL:SD PREPARED BY:
. Bud N. Community Development N:IDEVISUZAl\'NEICouncil\Repol1sIFwd. to TCI20SSC-ColdStone-add.wpd Reviewed by: f.5j Assistant .Town Manager -11Z.=Town
__Clerk.__Finance Development Revised: 4/1/04 10:09 am Reformatted: 5/30/02
03/31/04 WED, 16:35 FAX 4089382579 & COHEN BERLINER COHEN . '. 141002 SMI'ORO A. gel'l1lNER" At«:IRew L FABER WlU.IAM J. GOINES' FlOBERl
W. HUMPHREYS RAlI'H J. SWANSON PEGGY L. SPKINCGAY JOSEPH E. OWORAK SAMUel. L. FARB ALAN J. PINNeR I'AANk R, UBHAUS IJlOAII. CALLON "A CtJrpoI8Iorl RETlRS) SAMUELJ. COHEN
Ilr::u'ldl 0lIIce -Meroea. CA JAMES P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. RElTON ROaERT L. CHORTEK JONATl1AN D. WOlF KA'rHL£EN K. SIPl.e KEVIN F. KeLLEY MARK MAKJEWlCZ
JEf'f'REY S. KAUFMAN JOUE HOUSTON A PARTNeRSHIP INCLUDING PROFESSIONAL CORPORATIONS tEN ALMADEN BOULEVARD ELEVENTIl FLOOR SAN JOSE. CALIFORNIA 95113-2233 TELePHONE: (408) 286-5800 FACSIMILE:
(4Q8) 998-5388 www.bcrlincr.com March 31, 2004 PAUl. A. PQO$l ll10NAS P. WRf'HV Io/AOIA V, HOLOBER BRIAN L SHIOTl.ER wcw.a VlOlANTI CHRISTIAN E. PlCONlii ElllOF-N P. KENNEDY
JOHN F. DOMINGUE SE'l'H J. COHEN MONICA B. 8OROCl'lOFF H. LONG ICRISTI't GeNe OAVID D. WArE lllOUAS E. NATHot.NEL WlLLIMlS UVK.HASSETT AARON
M. VAlENll JCNNII'M L CROSSIWI OFCOUNSB.. HUGHLISOLA STEIIEN L ERICWOHG NANCY L BAANDT CHARLESw. VOl.PE Hon. Steve Glickman Members ofthe Town Council Town of Los
Gatos 110 East Main Street Los Gatos, CA 95031 Re: Cold Stone Creamery, 20 South Santa Cruz Avenue, Los Gatos, CA Conditional Use Permit U-04-8 Dear Mayor Glickman and Members ofthe
Town Council: We represent Sierra Management, Inc., the owner ofthe property located at 20.South Santa Cruz Avenue, Los Gatos. This letter is on their behalfin support
ofthe appeal of conditional use pennit U·04-8 ("CUP") for the proposed Cold Stone Creamery ("Cold Stone Creamery'') to be located at 20 South Santa Cruz Avenue. The Planning Commission
Erred and Abused its Discretion The Planning Commission erred and abused its discretion in denying Cold Stone Creamery's CUP because there was no evidence submitted to support the denial
of the CUP for an lce cream shop use in the same location where a previous icc cream shop had been located for 30 years. Furthennore,' the Planning Commission's decision to deny the
CUP was arbitrary because had Cold Stone Creamery not changed the size of its ice cream shop, then this CUP would not have been necessary. The Planning Commission dctennined that the
CUP W;,}S detrimental to the "integrity and character" of the Town and)t did not "encourage the development and retention oflocally owned Attacbment 8 \JH\6200032 033104-137a1001
03/31/04 WED 16:36 FAX 4089382579 Hon. Steve Glickman March 31,2004 BERLINER & COHEN stores and small businesses." However, there was no evidence in the record to support the Planning
Commission's detennination that replacing one cream shop with another ice cream shapin !be same location was detrimental to the "integrity and character" ofthe Town. Although
the Town's general plan policies were frequently invoked at the hearing, there was no evidence ofhow, or why,'Swenson)s. ice cream the. general plan when .
Cold Stone Creamery's ice cream shop did not. It was merely claimed that, though they were . both ice cream shop franchises, SWel1son's franchise was somehow different than Cold Stone
Creamery's, and Cold Stone Creamery's ice cream shop was ('one too many." The Planning Commission Did Not Have the Discretion to Modify or Address a Policy Issue The Planning Connnission
did not have the discretion to modify or address the policy issue of whether Cold Stone Creamery's restaurant use required a CUP as a "formula retail business." The record was clear
that Cold Stone Creamery was required to obtain a CUP only as a ·'restaurant use." (Transcript at 28-30.) Bud Lortz was also very clear that "[t]he Fonnula Retail Ordinance is a retail-based
zoning regulation. The Council has never rea.lly discussed the concept of formula restaurant uses." (Transcript at 29.) " Even if the formula retail business regulations did apply to
Cold StoJle creamery, there were 110 findings in the record to support the denial of this CUP. Specifically, there were no findings based on evidence that this proposed use will detract
from the existing b:iJailce arid diversity of businesses in the commercial district in Which Cold Stone SreameIY is p:r;oposed to be located. Cold Stone Creamery is merely replacing
another icc cream s1:l0P that has been there for 30 years. Further. it was never established that the proposed use as an icc cream shop was not in hannony with the specific provisions
or objectives ofthe general plan. Cold Stone Creamery is Consistent With the Goals and Policies of the Town's General Plan Cold Stone. Creamery isconsistqntwith the goals and policie[i
of the Town's general plan. An ice cream shop is consistent with the following goals and policies: • To preserve, promote, and protect the existing small town character and quality of
life withhi Los Gatos (LG 1.1) • Enootfrage economic and social activity cO(1Sistent with a small scale, small town atmosphere and image. (L.P.1.3) • Preserve and promote
centers consistent with maintenance of a small scale, small town atmosphere and image. (L.P. 1.4) • Retail sales tax "leakage" should be kept to a minimum by providing in town
convenience and comparative shopping 5.9) IJHI620003.2 033104-13781001
03/31/04 WED 16:36 rAA Hon. Steve Glickman March 31,2004 .. To preserve the downtown Los Gatos as a historic center of the town with goods and services for local
residents while maintaining the existing town identity, environment, and commercial viability. (L.G. 6.2) • Encourage the development and retention of small businesses and locally owned
stores and shops that are consistent with small tOwn character and scale. (L.P. 5.5) The Town Cannot Use its Zoning Laws to Restrict Competition The Town cannot usc its zoning and building
laws to restrict competition. See O'Hagan v. Board of Zoning Adjustment (1971) 19 Cal.App.3d 151, 159-160. Further, while the Town may have broad authority over the regulation of land
use within its territory, that authority is not unlimited. The courts have held that: "Where certain uses are permitted, a City cannot arbitrarily exclude others who would employ a similar
use. Zoning and building laws be used unqualifiedly to restrict competition: While valid zoning regulations may affect competition and have other economic effects, a City
does not have carte blanche to exclude a retail merchant that it, or some of its residents, do not like. Friends of Davis Y. City of Davis, (2000) 83 Cal.App.4t!l 1004, 1014 [Citations
omitted]. -.. . In conclusion, we believe that the Planning Commission erred in its action. We urge your support for this applicant. Very truly yours, F(fffiN ANDREW L. FABER E-Mail:
alf@»ediner.com ALF:cem Cc: Doug Feece , . 1JH\620003.2 033104-13781001