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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. N:\DE V \CONDITW201 1 \SSC20.docx