11 Staff Report - Convery Former Restaurant to Another Restaurant
DATE: TO: FROM: SUBJECT: MEETING DATE: 4/19/04 ITEM NO. tl COUNCIL AGENDA REPORT April 9, 2004 .ORRY P. KORB, TOWN ADOPT RESOLUTION
GRANTING APPEAL OF A PLANNING COMMISSION DECISION DENYINGANAPPLICATION TO CONVERTA PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHER RESTAURANTUSE (COLD STONECREAMERY)ONPROPERTYZONED
C-2. APN: 510-45-075. CONDITIONALUSE PERMIT: U-04-8. PROPERTY LOCATION: 20 S. SANTA CRUZAVENUE. PROPERTY OWNER: PARK ROW EAST APARTMENTS, LTD. APPLICANT/APPELLANT: CATHERINE G. ASBUN.
RECOMMENDATION: Adopt resolution confirming Council action on April 5, 2004. DISCUSSION: . OnApril 5, 2004, Council granted the appeal ofa decision ofthe Planning Commission concerning
the conversion ofa fonner restaurant to another restaurant use at the property located at 20 S. Santa Cruz Avenue. Attachments: Resolution Distribution: Catherine Asbun, Cold Stone Creamery,
2990 Sunwood Drive, San Jose,CA95111 ParkRowEast Apartments, LTD, 20 S. SantaCruz Ave., #320, Los Gatos, CA95030 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPIC:LMBlwp [N:IATYlColdStone.TCRwpd]
Reviewed by: Rev: 4/9/04 11:27 am Reformatted: 7/19/99 'VS::S Assistant Town Manager Community Development Clerk File# 301-05
RESOLUTION RESOLUTION GRANTING APPEAL OF A PLANNING COMMISSION DECISION DENYINGAN APPLICATION TO CONVERT A PORTION OF A FORMER RESTAURANT (SWENSEN'S) TO ANOTHER RESTAURANT 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 AVENUE. PROPERTY OWNER: PARKROW EAST APARTMENTS, LTD. APPLICANT/APPELLANT
: CATHERINE G. ASBUN. WHEREAS: A. This matter came before Council for public hearing on April 5, 2004, on an appeal by Catherine G. Asbun (applicant/appellant) from a decision ofthe
Planning.Commission and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant and all interested persons
who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record ofthe Planning Commission proceedings and the packet ofmaterial
contained in the Council Agenda Report dated Marcy 25,2004, Addenda dated April 1, 2004 and April 2, 2004, along with subsequent reports and materials prepared concerning this application.
C. The applicant/appellant seeks approval to operate a Cold Stone Creamery store in a portion ofthe tenant space previously occupied by Swensen's Ice Cream. The proposed location at
LyndonPlazawouldbe owned and operatedbythe applicant/appellant under a franchise agreement. Intended hours ofoperation are 11 :00 a.m. to 11 :00 p.m. daily. The Planning Commission heard
the matter on February 11, 2004 and denied the application for a Conditional Use Permit. 1
D. The. applicant/appellant believes that the Commission acted in the absence of a specific regulation on formula restaurants. E. Town Council finds as follows: 1. Pursuant to Town Code
section 29.20.190, the proposed use ofthe property is desirable to the public convenience; will not impair the integrity and character ofthe zone; would not be detrimental to public
health, safety or general welfare; and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. Evidence in the reqord demonstrates
that the proposed ice cream restaurant wj.ll employresidents ofthe Town ofLos Gatos, will maintain the economic vitality and mix oforiented busines.ses in the Central
Business District, and will occupy a currently vacant space and upgrade and existing building. 2. Pursuant to Town Code section 29.20.300, the application presented 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; to wit, whether formula restaurants should be
subject to additional regulation in light ofthe introduction ofrules regulating formula retail business and personal service businesses in the Downtown area. Council finds that restaurants,
which are already required to obtain use permits, are sufficiently regulated. 3. The project is categorically exempt from.environmental review pursuant to Sectio1115301 ofthe State Environmental
Guidelines as adopted by the Town. 4. The proposed use is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (section IY.B). RESOLVED: 1. The
appeal ofthe decision ofthe Planning Commission on Conditional Use Permit 2
U-04-8 is granted. 2. The revised Conditions ofApproval attached hereto as ExhibitA are hereby adopted as the Conditions ofApproval ofthis pennit. 3. The decision constitutes a final
administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief
from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure Section 1 or such shorter time as required
by state or federal law. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos, California held on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST
day of SIGNED: , 2004 by the following vote. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\ColdStonc.RES.wpd 3
TOWN COUNCIL -AprilS, 2004 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 receivedbythe Town on February 2,2004. Any changes or modifications to the approved plans and/or business operation shall be approved
bythe CommunityDevelopment 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 ofoperation are limited to 11:00 am to 11:00 pm daily; 4. BUSINESS OPERATION. This approval is for a specialty retaiVrestaurant 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. LIVE ENTERTAINMENT. No live entertainment is allowed. This condition
does not restrict Cold Stone employees from singing. 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 ofthe Zoning Ordinance. 10. ROOFTOP EQUIPMENT. Any new roofmounted equipment shall be fully screened prior to issuance of
an occupancy permit. 11. SIGNS. The exterior business sign(s) shall complywith the Lyndon Plaza Sign Program and shall be compatible with the historic and aesthetic context of the area.
N:\ATYlColdSlone.CON.wpd