Loading...
05 Staff Report - 115 N. Santa Cruz Avenue and 112 Wilder AvenueMEETING DATE: 05-5-08 ~pW N 0 !ps G11'~~~' COUNCIL AGENDA REPORT DATE: MAY 1, 2008 TO FROM SUBJECT MAYOR AND TOWN COUNCIL ORRY P. KORB, TOWN ATTORNE'~Ki AGENDA ITEM: 5 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE APN: 523-12-039 GENERAL PLAN AMENDMENT APPLICATION: GP-07-01 ZONE CHANGE APPLICATION Z-07-001 ARCHITECTURE AND SITE APPLICATION: 5-07-019 CONDITIONAL USE PERMIT APPLICATION U-07-020 VARIANCE APPLICATION V-07-O 1 NEGATIVE DECLARATION: ND-07-10 A. ADOPT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1D:LHP TO C-2.LHP B. RESOLUTION DENYING APPEALS AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, SUBDIVISION, VARIANCE AND A PORTION OF AN ARCHITECTURE AND SITE APPLICATION RECOMMENDATION: 1. Adopt an ordinance amending the zoning ordinance effecting a zone change from R- 1D:LHP to C-2:LHP. 2. Adopt resolution regarding appeals of the Planning Commission decision. DISCUSSION: On April 7, 2008, Council voted to deny appeals and uphold the decision of the Planning. Commission to approve the above applications, excepting the portion of the Architecture and Site application concerning two detached commercial buildings proposed for development at the PREPARED BY: ORRY P. KORB, TOWN ATTORNEY N:1MGR1AdminWorkFileslTown Attomey\Council Reports15-5-98 [ 15 MSC Avenue-wpd Reviewed by: oven Manager Assistant Town Manager Clerk Finance Community Development Rev: 5/1/08 5:20 pm Reformatted: 7/19/99 File# 3D1-05 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE APN: 523-12-039 MAY 1, 2008 front of the property located at 115 N. Santa Cruz Avenue. Council also voted to introduce an ordinance amending the zoning ordinance effecting a zone change. A resolution finalizing Council's decision regarding the appeals is attached (Attachment 1) as is the Ordinance introduced by Council (Attachment 2.) Attachments: 1. Proposed Resolution 2_ Introduced Ordinance RESOLUTION RESOLUTION DENYING APPEALS AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, SUBDIVISION, VARIANCE AND A PORTION OF AN ARCHITECTURAL AND SITE APPLICATION APN: 523-12-039 GENERAL PLAN AMENDMENT APPLICATION GP-07-01 ZONE CHANGE APPLICATION Z-07-001 ARCHITECTURE AND SITE APPLICATION S-07-019 CONDITIONAL USE PERMIT APPLICATION U-07-020 SUBDIVISION APPLICATION -07-005 VARIANCE APPLICATION V-07-01 NEGATIVE DECLARATION ND-07-10 PROPERTY LOCATION: 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE (COGGESHALL MANSION) PROPERTY OWNER SANTA CRUZ WILDER, LLC APPLICANT: JOHN LIEN APPELLANTS: SANTA CRUZ WIELDER, LLC AND LEE QUINTANA WHEREAS: A. This matter came before the Town Council for public hearing on April 7, 2008, and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellants, the applicant, and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated April 3, 2007. C. The project includes a number of applications intended to make physical and use changes to the property, which includes two parcels 115 North Santa Cruz Avenue and 112 Wilder Avenue - that are currently used as a fine dining restaurant and parking. The General Plan amendment is intended to change the designation of a portion of the Wilder Avenue parcel, currently used for parking, from Medium Density Residential to Central Business District, and the zone ATTACHMENT 1 change amendment is intended to change the same portion of the parking lot parcel from R-1D:LHP to C-2:LHP. The subdivision application is intended to approve a lot line adjustment on the Wilder Avenue parcel. The variance application is intended to remove the parking spaces located on a portion of the Wilder Avenue parcel from the Parking Assessment District, because the zoning code otherwise requires that parking spaces included in the calculation of the District cannot be eliminated. Cumulatively, these changes are intended to make the Wilder Avenue parcel suitable for development of a single family residence while merging the remaining portion of that parcel and its remaining parking spaces with the North Santa Cruz Avenue parcel. The Conditional Use Permit application is intended to reduce the allowed seating for a fine dining restaurant and limit the restaurant to the first floor and basement. The Architecture and Site application is intended to construct two detached commercial building on the Santa Cruz Avenue parcel in the front yard of the existing historic Coggeshall Mansion, and to modify the exterior of the Mansion to provide an exterior stairway and to replace an existing window with a door to accommodate the stair access, and lastly to add new parking spaces along the alley. D. The applications were considered by the Planning Commission on January 23 and February 13, 2008. The Commission recommended approval of the General Plan amendment from Medium Density Residential to Central Business District for a portion of the parking lot parcel, and the zone change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel. The Commission approved the subdivision application for the lot line adjustment (contingent upon Council approval of the General Plan amendment and zone change), a modification of the Conditional Use Permit for conversion of an existing fine dining restaurant into a smaller fine dining restaurant on the first floor and basement, a variance to covert the existing parking lot fronting on Wilder Avenue to a residential use, and a portion of the Architecture and Site application to modify the exterior of the existing commercial building and to add parking along the west side of the alley. The Commission denied the portion of the Architecture and Site application seeking approval of two detached retail structures at the front of the property adjacent to North Santa Cruz Avenue. The Commission made the negative declaration to the extent it relates to the project other than the two detached commercial buildings. E. There are two appeals: the first was filed by the property owner Santa Cruz Wilder, LLC, and the second was filed by a Town resident, Lee Quintana. In its appeal, Santa Cruz Wilder, LLC argues that the Architecture and Site application was not required by their application, which, according to them, concerns minor changes to an existing structure and accessory buildings. Santa Cruz Wilder LLC further argues that the Planning Commission erred in discussing land use rather than design, in failing to consider project consistency with the General Plan, in failing to accept the position of the Historic Preservation Committees that the proposed detached structures were acceptable to the Historic Preservation Committee, in focusing on the impact on the visibility on the historic mansion, and in failing to consider the balance between preservation and enhancing livability and supporting the economic vitality. Quintana argues in her appeal that the initial study and proposed mitigated negative declaration are not adequate in assessing the impact to the historic structure and setting and that there is a fair argument to require an environmental impact report. F. The decision-of the Planning Commission was correct. G. Council finds as follows: 1. The findings of the Planning Commission made on February 13, 2008, are adopted and incorporated herein. 2. The General Plan amendment is internally consistent with the General Plan in that the change facilitates a lot line adjustment and lot merger allowing the Wilder Avenue parcel to be used for single family residential purposes similar to the surrounding neighborhood and the remaining portion of the Wilder Avenue parcel to continue being used for commercial purposes. 3. The zone change is consistent with the General Plan as described above. 4. Pursuant to Town Code section 29.20.170, granting a variance to relieve the Wilder Avenue parcel of the requirement to maintain parking spaces is due to special circumstances applicable to the property, including size, shape, topography, location or surroundings, which deprives the property of-privileges enjoyed by other property in the vicinity and under identical zone, including its location within the Parking Assessment District which otherwise requires retention of the spaces, whether or not required by uses on the property, and its location within a residential district resulting in an undesirable use (parking) adjacent to single family residential uses, and otherwise prohibiting its use as residential property consistent with adjacent parcels also zoned to allow residential use. Granting a variance would not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and zone for the same reasons discussed above. 5. Pursuant to Town Code section 29.20.190, granting a Conditional Use Permit is appropriate because: the proposed uses of the property are essential or desirable to the public convenience or welfare, as demonstrated by evidence throughout the Council Agenda Report dated April 3, 2008, that the conditional use permit will allow the continuation of a successful fine dining restaurant while also allowing an office use upstairs in the Mansion consistent with the allowed uses in the commercial zoning district, thus maximizing the utility of the property; the proposed uses will not impair the integrity and character of the zone, as demonstrated by evidence in the Council Agenda Report dated April 3, 2008 showing that the proposed uses are consistent with the existing and allowed uses within the commercial zoning district; the proposed uses will not be detrimental to public health, safety or general welfare as demonstrated above and the lack of evidence of any harm resulting from the proposed uses on the property; and, the proposed uses are in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code, as demonstrated above. 6. The work proposed is consistent with the Redevelopment Plan for the Los Gatos Redevelopment Project Area, as demonstrated above. 7. The proposed mitigated negative declaration is sufficient with regard to the applications approved by the Planning Commission, including the portion of the Architecture and Site application approved by the Commission, which excluded the two detached commercial buildings at the front of the North Santa Cruz Avenue parcel. There is no evidence in the record demonstrating a potentially significant environmental impact arising out of any of the applications, excluding the portion of the Architecture and Site application concerning the two detached commercial buildings at the front of the North Santa Cruz Avenue parcel. The Mitigated Negative Declaration is not approved with regard to the two detached commercial buildings, the denial of which by the Planning Commission being upheld herein by Council. A new environmental analysis would be required should any future application be made for additional buildings on the North Santa Cruz Avenue parcel. RESOLVED: The appeals of the decision of the Planning Commission regarding General Plan Amendment application GP-07-01, Zone Change application Z-07-001, Architecture and Site application 5-07-019, Conditional Use Permit application U-07-020, Subdivision application -07-005, Variance application V-07-01, and Negative Declaration ND-07-10 are denied. 2. The conditions of approval for Architecture and Site application 5-07-019, Conditional Use Permit application U-07-020, Subdivision application -07-005 are attached hereto and incorporated herein as Exhibits A, B and C. 3. The Mitigation Monitoring Plan, attached hereto and incorporated herein as Exhibit D, is approved. 4. 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 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the day of May 2008, by the following vote. COUNCIL MEMBERS: AYES: NAYS- ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS, CALIFORNIA NAMMAdminWorkFileffown AttorneylCouncil ReportslRESO 115 NSC & 112 Wiider.wpd 6 CONDITIONS OF APPROVAL Architecture and Site Application 115 N. Santa Cruz Avenue and 112 Wilder Avenue Negative Declaration ND-07-10 Subdivision Application M-07-005 General Plan Amendment GP-07-01 Zone Change Z-07-001 Architecture and Site Application S-07-019 Conditional Use Permit U-07-020 Variance Application V-07-01 Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from Medium Density Residential to Central Business for a portion of the parking lot parcel, 3) a zone change from R-1D:L14P to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an existing fine dining restaurant into a smaller floe dining restaurant on the first floor and office space on the second floor, 5) two new detached commercial buildings, 6) modification to the exterior of the existing commercial building, and 7) conversion of the existing parking lot which fronts on Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071 PROPERTY OWNER: Santa Cruz Wilder, LLC APPLICANT: John Lien TO THE SATISFACTION OF TEE PLANNING DIRECTOR: (Planning Division) 1. APPROVAL: The approval was modified to only include the exterior changes to the existing building, relocation of the trash enclosure and the new parking spaces on the west side of Victory Lane. The new proposed buildings and the parking on the east side of Victory Lane were not approved. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the approved plans. Any changes or modifications made to the approved plans shall be approved by the Planning Commission, Development Review Committee, Director of Community Development or the Historic Preservation Committee, depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. GENERAL: All existing trees shown to remain on the plan and newly planted trees are specific subjects of approval of this plan and must remain on site. 4. PROTECTIVE FENCING: Prior to any construction or building permits being issued, the applicant shall meet with the Parks Superintendent concerning the need for protective fencing around the existing trees. Such fencing is to be EXHIBIT A installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 5. *ARBOR RESOURCES: All recommendations made by Arbor Resources (September 21, 2007) (relating to the project as modified) shall be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations are listed under Section 4.0, recommendations of the arborist's report. These include recommendations under the Design Guidelines section (addressing tree location mapping, protective fencing, building setback, trenching, drainage facilities, and installation of new trees) and the Protection Measures Before and During Construction section (addressing fencing, removal of hardscape, demolition, work within tree canopies, etc). The report's recommendations are included as Attachment 2 of the Initial Study. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations noted above (relating to the project as modified). A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. (Building Division) 7. PERMITS REQUIRED: A building permit shall be required for the alteration of the existing structure, and the parking lot improvements. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 8. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 9. SIZE OF PLANS: For sets of construction plans, maximum size 24"x 36." 10. CODES: Projects will be required to conform to the 2007 California Building, Fire, Mechanical, Electrical, and Plumbing Codes. The California Codes are based on model codes; 2006 International Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical Codes and the 2005 National Electrical Code. 11. TITLE 24 - COMMERCIAL: The proposed tenant improvements, will require upgrades to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect, then confirmed by Town staff. 12. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out, signed by all requested parties, and be blue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosea.gov/building 13. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 14. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 15. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: A. Community Development - Planning Division: Sandy Baily at 354-6873 B. Engineering/Parks & Public Works Department: Fletcher Parsons at 395- 3460 C. Santa Clara County Fire Department: (408) 378-4010 D. Environmental Health Department: (408) 885-4200 16. *ARCHAELOGICAL: In the event archaeological traces are encountered, all construction within a 50 meter radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make appropriate recommendations. 17. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa Clara County Coroner shall immediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 18. *ARCHAEOLOGICAL FIND: If the Director of Community Development finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 19. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 20. *LEAD-BASED PAINT: A state certified lead-based paint professional shall be retained to perform a lead-based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead-based paint prior to renovation of the structure. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 21. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right- of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 22. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 23. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. 24. CONSTRUCTION STREET PARKING: Any reservation of street parking shall be coordinated with the Police Department. Contractors shall not use public parking unless previously arranged through the Police and Engineering Departments. 25. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 26. NPDES: On-site drainage systems shall include a filtration device such as a bio- swale or permeable pavement. 27. SILT AND MUD IN PUBLIC RIGI1T-OF-WAY: It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right- of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 28. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc: shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 29. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 30. CURB AND GUTTER: The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 31. SANITARY SEWER LATERAL: Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 32. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 33. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and area drains connected to the sanitary sewer system shall be provided. Temporary trash enclosures are exempt from this condition. 34. GREASE TRAPS: Meet all requirement of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 35. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 36. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. 37. TRUCKING and UNLOADING: Trucking and unloading shall be coordinated with the Engineering inspector. Haul routes, temporary blocking of parking or streets, and delivery times shall be coordinated with the Engineering inspector. 38. * GEOTECHNICAL INVESTIGATION: A geotechnical investigation shall be conducted for this project to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections. The project shall incorporate all recommendations of the investigation into project plans (not applicable since new buildings were not approved). TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE 39. FIRE FLOW: Buildings requiring a fire flow in excess of 2,000 GPM shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard 413. 40. PLAN SUBMITTAL: A State of California licensed fire protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 41. PREMISE IDENTIFICATION: Approved numbers or addresses shall be placed on existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. *Required as a Mitigation Measure N ADEVICONDITNS120081nsc 115.a&s.2. d o c CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 115 N. Santa Cruz Avenue and 112 Wilder Avenue Negative Declaration ND-07-10 Subdivision Application M-07-005 General Plan Amendment GP-07-01 Zone Change Z-07-001 Architecture and Site Application S-07-019 Conditional Use Permit U-07-020 Variance Application V-07-01 Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from Medium Density Residential to Central Business for a portion of the parking lot parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine dining restaurant on the first floor and office space on the second floor, 5) two new detached commercial buildings, 6) modification to the exterior of the existing commercial building, and 7) conversion of the existing parking lot which fronts on Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071 PROPERTY OWNER: Santa Cruz Wilder, LLC APPLICANT: John Lien TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Division) 1. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 2. RESTAURANT USE: A high quality restaurant and full service bar is permitted on the first floor and the basement. 3. HOURS: Maximum hours of operation for the inside restaurant and bar shall be 11 AM to 1 AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum hours of operation for the outside seating area shall be the same except that alcohol service shall not go past 11 PM Sunday through Thursday, except for holidays and evenings before holidays. 4. SEATS. The maximum number of seats (inside and outside combined) shall not exceed 141. 5. ALCOHOL SERVICE: The service of alcohol for the restaurant dining area (inside and outside) is permitted only with meals. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or EXHIBIT B dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 6. DELIVERIES: Deliveries shall be no earlier than 7:00 a.m. 7. PORCH AREA: No chairs shall be in the porch area. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Public Works Section) GREASE TRAPS: Meet all requirements of the County Health Department and West Valley Sanitation District for the interception, separation, or pretreatment of effluent. TO THE SATISFACTION OF THE CHIEF OF POLICE: 9. GENERAL: The restaurant is subject to the following: a. Uniformed privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner, b. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on-going employee training on alcoholic beverage service to the general public. C. All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. d. All licensed operators shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. e. Taxicab telephone numbers shall be posted in a visible location. f. A restaurant employee shall seat patrons in the outside dining area. N:1DEVIC0NDITNS1200 81nsc 115. cup. doe CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 115 N. Santa Cruz Avenue and 112 Wilder Avenue Negative Declaration ND-07-10 Subdivision Application M-07-005 General Plan Amendment GP-07-01 Zone Change Z-07-001 Architecture and Site Application S-07-019 Conditional Use Permit U-07-020 Variance Application V-07-01 Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from Medium Density Residential to Central Business for a portion of the parking lot parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine dining restaurant on the first floor and office space on the second floor, 5) two new detached commercial buildings, 6) modification to the exterior of the existing commercial building, and 7) conversion of the existing parking lot which fronts on Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071 PROPERTY OWNER: Santa Cruz Wilder, LLC APPLICANT: John Lien TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT (Planning Division) L APPROVAL. The approval of this application is contingent upon the adoption of the General Plan amendment and the Zone Change for the lot area being adjusted. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Public Works Division) 2. CERTIFICATE OF LOT LINE ADJUSTMENT, A Certificate of Lot Line Adjustment shall be recorded. Two copies of the legal description for each new lot configuration, a plat map (8-1/z in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. N ADE VICONDITNS120081nsc 115. I1a. doc EXHIBIT C CD ti O Z (D d a ir. N Z 'p Q ~ a °f C7 ~ Z > 2 a o " L o U Z o ya 0 l~ N Z Z Q u~ ~ r a~ a ❑ a C C C C O C U O ~ U Q ~ U E n u o U) U) U U 0 o N c a o.- (D ~ CE C E o a) L C D O U E O C)- U E O CL E O E Q d) E' Q E Q ❑ p m ❑ p Q ❑ O 0 Q w ro as r- ro -0 o> C ro -o o> C ro o O a o o o -0 Q c Q CL 0 * c 0- ) O m c Q O ro c 0_ ca 0 a) U 0 2 (D -0 C -O o a) 'a Q C C L ro fn ) a N Q d a C U C f~ ro CO C o Q a) C: U .C E C O ro w, U U _0 - ° t 6 ca ° E E ( z a) - ~ m a ro - U Q m o ~ o c Q f0 v E c _0 0 C: (D CA < . U) 0 0) cn O L) o ro C- Q co ° p ' o w w C 7 C w o O Q Q • a i o m U p U U U C C C U ro Z N} ro O U C ro 0 - Q O Q -0 ' O Q U U) O Q i w ro Z c L O U C - ca O ro U O ro a c L > C (D ro Q a~ w 4) CD E vi _ o° o O E Q Q a ~ C Q N N E X Q-0 to to o c -t:: Q E c (0 a) c N~ • Q . [a m Q _ ~ ro d N Q ~ m] N Q ro C Q O C 7 O N O _ D L E > HE - C Q C _ ro U L j- O O Q- z Q C A p U) -C O (D a) V) M o 0 CL N C O -0 (6 N Az ro Q C1 ' C M U B p U T O ro Q ro (4 c rn 6 , W O Q Q O Q O U G 7 0 0 E c ~ V o C ~ ' Q 0 O E C Q ro 6 Q O Qy p.~ O c-O O ro E Us= 3 . Q Q E vy O -QZ"~ -r- ro- c _ Q E- E ro Q Q ` E O E Q F~ 7 0 0 i C o ro V E t/Y E C L N Q N = U C_ 0 U) O ro 0 o QO O Lo f U) 'M U ro o o E o 0 o p 4- c ro o C O E E O O U Q 4- o o CO ro C o a) r C) ED Fn m LF- (D a) t U W C 4) O C Q O C C e- C E d a) (D - Q ( 6 N O (D a . CD a p Q (D O p ro C Q Q N N a❑ L o D U ro:. U) C Q U Q • O Q Q1 U 0 N N O V (0 ro 2=:U - -T"0 m o ma- < n -0 3 N 0 (D (D L L L 0 0 0 U U? U) u? L L L V U U LO U O C a Q E Q H ri^ VJ _J U O J_ co O J i ❑ 0O O t W U O U co 0 EXHIBIT D Z J a Z O H Z Z O V_ CID C) O N t0 r R H a 2 O T" ti 9 d z a 7 C N a Q N t t-' R a~ c Q N 7 U y C R Z T U d O a C E C tm CD O ° 0 .C i 00 N C L ` d:3 U Q C 0 O (4 ❑ C a. = -6 Q IL Z3 -0 ° U = ~ 7 U vy O Y O c6 a) ` C E O a= U L C E CL C< O U E O 7 U E ° V R O N O E N O j ❑ O aa) U ❑ O a) U m ❑ ❑ f6 C . ` _ t1 4 uO ca ro (n O m C/) p m is o o o' a C o 0 L o m. _ C : O C Q C n. 0- C Q o m 0 ca ST 0 m a LO (0 R C b L a) CSI L O7 C Q m L a) C- a) - +'C O 6 a) 70- U) N L U N o S~ N O m O ~ E v € 'O C ° 6} u) 1" a) C @ a) U J O m N •C U 0 O .C U - O p w CD L C O C M O C ' C ID O 0 (n U) U) C p w C V C O C N O a) a) 4- 6 W ° :3 a) N p ) O C O O E 6 cY R C 0 C E E d U cL U O=~ V1 0 L O C C a) m a) ( 0 6 EIT a) _ E c> N> p a O a) a) L) O O z- U O L O C O O C C O Q U c V) N QS 0) U m g tl3 ,F D C X U C O m O E O c 0 tl c U ) 0) u1 m CL U ui N U N (D O C- C a) O n •U) O 0) E a) u) U) C CD Q) a) Q .n U - p C U 'c- 0 N [0 a) a) U Q D to C U O m L L p:~: U Q} to En -0-0 V) CL C c D O p U n w -0-0 N M 0) 0 to U -6 c O- rn~ CZ au) E°N o a~iU s rn~ a)C > p .No M -0 Ca C: rn a) 0 0- C: d a) C U O CO R E 0 r° O N O >1 6 N r N f] fi3 C -0 M U . C -C c N O U N ~ cn Z) - ' a ) C - 6 n 7 ° U) O + _ N 3 w O O) O Q (a 0 0 O E D -z- U (6 C C (n L rj) C U c C _ U) U N C U ¢ N a) - O O .C M _ - O p O U 0 ) 5 m ° a i - ca ~ a - (1) 3 4) p > - a ~ E C i7 m O u) a) a ~ a p a) r- C U t a) om o E a 0 m= m ~ ~ w C: U O t ) E w a z U) m n ` aD O u, E E(A c~ i L O = o o (D a) a) a~ _ -0 - LI a) L @ c 0 O te O Q U O c O D 0 -0 O U - C E O B D 0 Q) " C: - C Q a) ° o 0 o ai a a> ca a) a Z3 o ° L~ M p ro L L Q N U L L V) U a L V) Q r O) o V) y Gl ca L _ C? U) N L ~ R CL 6 O Q tm m O 3 U d O T T U N C °n a. C7 IL Q E a) U) J Q U O J_ (!J O J t m O Y _O i w U O C? m O N Z J a z 0 Z 0 z O_ r~ r r 0 z 7 C G1 Q d1 N e•- (a m a N V co O C> m N 3 T ~ r ~ .N Lli ~O ~ d c 0 %il C;) U 0 U o ~ Q E o C L E m C G . U. ~ W 0 -0 O O o M O U O ~ N N O O L O O U - ° o y ) L L x _ Q d O -0 C ) 0 N (B O OL N Q L ? Q c6 zi 0 N Q (n C N (U 70 0O N .Q (L) .6 U .0 M A N -0 C N M E o as a~ E E~o~o 4)Ea~E~ 0 L U L N a) O c -0 Q O C cn C O ~ O ~ N ti(D CL o cts 0 d ' ( a N to Z LO r u c N Q C7 d Q E N i J Q U O J U) O J 2 m O Y O 2 W U O U (Y) 0 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP FROM R-1D:LHP TO C-2:LHP FOR PROPERTY LOCATED AT 112 WILDER AVENUE TO BE COMBINED WITH 115 N. SANTA CRUZ AVENUE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Zoning Map of the Town is hereby amended as shown on Exhibit A. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2008, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on, 2008. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N ADMORMnscl 15.zc.doc ATTACHMENT 2 115 N Santa Cruz 112 Wilder Avenue TOWN OF LOS G-ATOS Application No Z-07-001 A.P.N. # 510-17-07 Change of the zoning map amending the Town Zoning Ordinance. x Zone Change Prezoning From: R-1D:LHP To: C-2:LHP Reconu-nended by Planning Conlnussion Date: a-` Approved by Town Council Date: Ord: Town Cleric Mayor ExILIbIC A