2011-040 - 20 S. Santa Cruz (Main Street Burger) expansionRESOLUTION 2011 -040
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO
EXPAND AN EXISTING RESTAURANT (MAIN STREET BURGERS) INTO A SPACE
CURRENTLY OCCUPIED BY A SEPARATE RESTAURANT (COLD STONE
CREAMERY) ON PROPERTY ZONED C -2.
APN: 510 -45 -075
CONDITIONAL USE PERMIT APPLICATION: U -11 -001
PROPERTY LOCATION: 20 S. SANTA CRUZ AVENUE SUITES #200 & 201
PROPERTY OWNER: PORTFOLIO MANAGEMENT CO.
APPLICANT: ED RATHMANN
WHEREAS:
A. This matter came before the Town Council for public hearing on May 11, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) to expand an existing
restaurant (Main Street Burgers) into a space currently occupied by a separate restaurant (Cold Stone
Creamery) on property zoned C -2. The applicant is requesting 70 seats (50 indoor and 20 outdoor)
and hours of operation of 10:00 a.m. to 11:00 p.m, seven days a week.
C. On May 11, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) to expand an existing restaurant (Main Street Burgers) into a space
currently occupied by a separate restaurant (Cold Stone Creamery) on property zoned C -2. The
Commission recommended approval of the request.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a
new application for alcohol service on a case -by -case basis to ensure that the request is appropriate
for the specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Town 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 May 24, 2011, along with any and
all subsequent reports and materials prepared concerning this application.
G. Council finds as follows:
1. Pursuant to Town Code section 29.20.190, the request for a CUP is
desirable to the public convenience; will not impair the integrity and character of the 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. This finding is
based on the evidence presented in the Council Agenda Report dated May 24, 2011, and
incorporates the findings made by the Planning Commission on May 11, 2011, regarding this
application,
2. The project is categorically exempt from environmental review pursuant to
Section 15061 of the State Environmental Guidelines as adopted by the Town.
3. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the findings made by the
Planning Commission on May 11, 2011.
I . The CUP application U -11 -001 to expand an existing restaurant (Main Street
Burgers) into a space currently occupied by a separate restaurant (Cold Stone Creamery) on property
zoned C -2 is granted.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for modification of this permit.
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 besought 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 6th day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
None
ATTEST
CLERK OF E OWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNE
MAYOR F THE %TOF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL — June 6, 2011
20 S. Santa Cruz Avenue
Conditional Use Permit U -11 -001
Requesting approval to expand an existing restaurant (Main Street Burgers) into a space
previously occupied by a separate restaurant (Cold Stone Creamery) on property zoned C-
2. APN 510 -45 -075.
PROPERTY OWNER: Portfolio Management Co.
APPLICANT: Ed Rathmann
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the development
plans noted as received by the Town on April 11, 2011. Any changes or modifications to
the approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or Town Council,
depending on the scope of the changes.
2. EXPIRATION OF APPROVAL. The Conditional Use Permit application 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. BUSINESS OPERATION. This approval is for a high- turnover, sit -down restaurant, and
is restricted to the areas shown on the approved plans. Any change in the type of
business requires modification of the Conditional Use Permit,
4. HOURS OF OPERATION. Hours of operation are limited to 10:00 a.m. to 11:00 p.m.,
daily.
5. SEATS. The maximum number of seats is 70 (50 indoors and 20 outdoors).
6. ALCOHOL SERVICE. The service of beer and wine is permitted only with meals. A
meal is defined as a combination of food items selected from a menu (breakfast, brunch,
lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals. There shall be no separate bar for the restaurant.
7. ALCOHOL LICENSE. The applicant shall have an ABC license issued as required by
that agency for alcohol service for all service features of the restaurant.
8. LIVE ENTERTAINMENT. No live entertainment is allowed.
9. RECYCLABLE MATERIALS. The restaurant shall utilize recycled products whenever
such a product is available.
10. REFUSE CANS. Employees of the business shall monitor the refuse can in the public
right of way adjacent to the business and empty the can if full. A trash receptacle shall be
located on the outdoor patio and maintained by restaurant staff.
It. OUTDOOR UMBRELLAS. Outdoor umbrellas shall not have any writing, logos or
emblems.
12. OUTDOOR PATIO. Any changes to the outdoor patio shall be approved by the Director
of Community Development,
13. OUTDOOR SEATING OCCUPANCY: The application shall post a sign that states the
maximum occupancy in the outside patio shall not exceed 20, prior to issuance of final
occupancy. This maximum occupancy does not include restaurant personnel.
14. PORTER. A porter shall be available at all times to maintain the patio area.
15. STORAGE. Storage of outdoor furniture shall be located out of site from the street.
16. REVIEW. If the Director finds issues with trash or debris associated with this use, the
Director will agendize the project for Planning Commission review. The Planning
Commission will review the project and modify or add conditions as necessary.
17. LAPSE FOR DISCONTINUANCE. If the 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.
18. DELIVERIES. Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
19. ENVIRONMENTAL HEALTH APPROVAL. The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencing
business or prior to issuance of building permits.
20. HOLD HARMLESS AGREEMENT. Prior to commencing the use of outdoor seating or
the issuance of building permits, the applicant shall record a hold harmless agreement, to
be reviewed and approved by the Town, releasing the Town from any liability related to
the outdoor seating.
21. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Building Division
22. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
23. 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.
24. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance forms must be blue -lined on the plans including lighting compliance and
mandatory measures.
26. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant
improvements, on -site parking and general path of travel shall comply with the latest
California Title 24 Accessibility Standards. Work shall include, but not be limited to,
accessibility to building entrances from parking facilities and sidewalks.
27. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall
be upgraded to comply the latest California Title 24 Accessibility Standards, Necessary
work shall be first investigated by the design architect and then confirmed by Town staff.
28. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378 -2408
b. Environmental Health Department: (408) 885 -4200
c. Town Public Works Department: (408) 399 -7530
29. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
30. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702
b. Santa Clara County Fire Department: (408) 378 -4010
c. West Valley Sanitation District: (408) 378 -2407
d. County Environmental Health Department: (408) 885 -4200
e. Environmental Services Department of the San Jose /Santa Clara Water Pollution
Control Plant for Pretreatment Notice /Certification. You can contact this agency
directly at (408) 945 -3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. 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.
32. 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.
33. 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.
34. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
35. DESIGN CHANGES, The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as- built" drawings.
36. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
37. 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.
38. 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.
39. 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.
40. 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.
41. 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. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
42. INTERIOR SPACE MODIFICATIONS: Any modification to the existing interior space
may require modification to the existing fire sprinkler system. A State of California
licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to the Fire Department for review and approval
prior to beginning their work.
43. OCCUPANCY RECLASSIFICATION: The proposed expansion appears to require
occupancy reclassification from a `B' to an `A -3.'
TO THE SATISFACTION OF THE CHIEF OF POLICE:
44. ALCOHOL SERVICE IN PATIO. Separation from public areas shall be provided to the
satisfaction of the Police Chief and ABC. The separation and signage shall clearly
establish that alcohol consumption is not allowed outside the patio area.
45. UNIFORMED SECURITY: 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.
46. CONSULTATION AND TRAINING: 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.
47. TRAINING MANUAL: The restaurant operator shall use an employee training manual
that addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
48, DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
49. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
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