2007-028 -Resolution Granting An Appeal Of A Planning Commission Decision Denying A Request To Approve Exterior Modifications To A Commercial Building, And Modification Of An Existing Conditional Use Permit To Allow Expansion Of An Existing RestaurantRESOLUTION 2007 -028
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO APPROVE EXTERIOR MODIFICATIONS TO A COMMERCIAL
BUILDING, AND MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT TO
ALLOW EXPANSION OF AN EXISTING RESTAURANT (VITTORIA) AND A CHANGE IN
ALCOHOL SERVICE ON PROPERTY ZONED C -2.
APN: 510-44-033,034 & 035
ARCHITECTURE AND SITE APPLICATION: S -07 -12
CONDITIONAL USE PERMIT APPLICATION: U -07 -09
PROPERTY LOCATION: 25 -27 N. SANTA CRUZ AVENUE
PROPERTY OWNER OWNER/APPLICANT /APPELLANT:
SANTA CRUZ REAL, LLC
WHEREAS:
A. This matter came before the Town Council for public hearing on March 5, 2007, and was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant /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 March 1, 2007, along with any and all subsequent
reports and materials prepared concerning this application.
C. The applicant is requesting to expand an existing restaurant into part of the tenant space at
25 N. Santa Cruz and to add 24 seats for a total of 84. In addition, the existing beer and wine license is
proposed to be upgraded to a full liquor license. The remainder of the adjacent space will be combined
with the space at 23 N. Santa Cruz for the new Apple Store. Facade improvements are proposed for both
the restaurant and retail uses. Given the recent approval of the facade of the Apple tenant space, the
applicant has revised the Architecture & Site application to include only the proposed changes relative to
the portion of the building that will be used for the restaurant expansion.
D. On December 13, 2006, the Planning Commission considered the Architecture &
Site application for facade improvements for both the restaurant and retail spaces. The applicant asked
that the Commission act on the Architecture & Site application independently and requested a continuance
for the Conditional Use Permit (CUP) application. The Commission expressed concern about acting on
the exterior modifications prior to approval of the restaurant expansion, and continued the matter to
January 10, 2007 so that the two applications could be considered together.
On January 10, 2007, the Planning Commission denied the Architecture & Site
application for exterior modifications to the buildings and recommended denial of the CUP. The
Commission did not support the restaurant expansion as it would displace what was previously a retail
use, which has been vacant since 2004. The Commission's actions on the CUP were recommendations
only as the Council is the final review authority since the application involves a change in the service of
alcohol.
Subsequent to the above decision, on February 14, 2007, the Planning Commission
approved a CUP for a formula retail use (Apple Computer). A companion Architecture & Site application
was approved for facade improvements for the retail tenant space. The Apple Store will encompass the
entire tenant space at 23 N. Santa Cruz and part of the space at 25 N. Santa Cruz.
F. The applicant /appellant claims that the Planning Commission erred or abused its
discretion in its decision to deny the Architecture & Site application on the grounds that expansion would
displace what was previously a retail use, which is discouraged by Ordinance 2021. The Commission's
actions on the CUP were recommendations only as the Council is the final review authority since the
application involves a change in the service of alcohol
F. The decision of the Planning Commission was incorrect and is hereby reversed.
G. Council finds as follows:
The existing restaurant space is very narrow and will have a more
functional floor plan with the proposed expansion. In addition, a food preparation area will be added to
facilitate service to restaurant patrons. Given the approval of the CUP for Apple Computer, the
combination of the space at 23 N. Santa Cruz and a portion of the space at 25 N. Santa Cruz will provide a
more viable use of the floor area with that tenant space. The restaurant expansion would use the
remainder of the space at 25 N. Santa Cruz to make Vittoria a more viable restaurant in addition to
providing much needed food prep areas.
2. Pursuant to Town Code section 29.20.190, both the proposed Application
& Site application and the requested modification of an existing CUP are 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. Evidence in the record demonstrates that the proposed change
in the service of alcohol (1) will not adversely impact adjacent residential neighborhoods, (2) is not
precluded by a history of complaints and non - compliance with local ordinances or the Alcoholic Beverage
Policy, and (3) the preservation of downtown Los Gatos as the historic center of the Town with goods and
services for local residents while maintaining the existing Town identity, environment and commercial
viability.
The applicant /appellant has demonstrated the necessary evidence to show
the following in its request for a change in the service of alcohol past 10 p.m.: (1) Late night service will
not adversely impact adjacent residential neighborhoods; (2) The applicant does not have a history of
complaints and non - compliance with local ordinances or the Alcoholic Beverage Policy; and (3) the
applicant has demonstrated a clear benefit to the community.
The project is categorically exempt from environmental review pursuant to Section
15301 of the 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 IV.B), as evidenced by the staff report
prepared for the public hearing on March 5, 2007.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture & Site Application
5 -07 -12 is granted.
2. The application for modification of existing CUP U -07 -09 is granted. 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 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 19 day of March 2007, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski
NAYS: None
ABSENT:
ABSTAIN: e
q
SIGNED:
L'AlAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL RK DMINISTRATOR
TO F LOS GA FOS, CALIFORNIA
TOWN COUNCIL — MARCH 5.2007
CONDITIONS OF APPROVAL
25 -27 N. Santa Cruz Avenue
Architecture and Site Application S -07 -12
Conditional Use Permit U -07 -09
Requesting approval of exterior modifications to a commercial building and to modify an
existing conditional use pen to allow expansion of an existing restaurant and a change in
alcohol service on property zoned C -2. APN 510 -44 -033, 034 & 035.
PROPERTY OWNER/APPLICANT: Santa Cruz Real, LLC
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 plans noted as
received by the Town on December 5, 2006 and approved by the Town Council on
March 5, 2007. 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 Pen 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 quality restaurant use, 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. LIVE ENTERTAINMENT. No live entertaimnent is allowed.
5. ROOFTOP EQUIPMENT. Any new roof mounted equipment shall be fully screened
prior to issuance of an occupancy permit.
6. SIGNS. The exterior business sign(s) shall be approved by Planning prior to installation
and shall be in compliance with the Town's Commercial Design Guidelines and the
architectural style of the buildings.
7. ARCHITECTURAL CHANGES. The recommendations of the Consulting Architect
shall be incorporated into the plans prior to submittal of plans for building plan check.
8. HOURS OF OPERATION. Hours of operation are limited to 11 :00 am to 11:00 pin
daily.
9. SEATS. The maximum number of seats is 84.
10. ALCOHOL SERVICE. This approval allows a full liquor license in conjunction with the
operation of a quality restaurant. Alcoholic beverages shall be served with meals only.
11. TRASH ENCLOSURE. The final design of the trash enclosure shall be approved by the
Director of Community Development prior to issuance of permits.
12. 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.
Building Division
13. PERMITS REQUIRED: A building perinit shall be required for the alterations and
expansion of existing restaurant. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
14. 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.
15. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
16. TITLE 24 - COMMERCIAL: For any proposed tenant improvements, the building shall
be upgraded 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.
17. TITLE 24 - RESTAURANT USE: A 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: (408) 378 -2407
b. Environmental Health Department: (408) 885 -4200
C. Town Public Works Department: (408) 399 -7530
18. 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,
19. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program 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.
20. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538),
21. EASEMENT. The property owner shall execute and record an easement for the proposed
restaurant additions which encroach on adjacent parcel. The Town of Los Gatos shall be
listed as a third party on the easement agreement. The easement document shall be
reviewed and approved by the Town prior to recordation.
22. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Davis at354 -6875
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395 -3460
C. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Environmental Health Department: (408) 885 -4200
TO THE SATISFACTION OF SANTA CLARA COUNTY ENVIRONMENTAL HEALTH:
23. PLAN CHECK. Plans for the food prep and storage areas, food display cases and any
wait stations shall be submitted for approval by the County Environmental Health Plan
Check Division.
24. SNEEZE GUARDS. Sneeze guards shall be installed for the countertop area in the
existing facility.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
25. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to
the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the
Town Council resolution in effect at the time the building permit application is made.
The fee shall be paid before the building permit is issued. The traffic impact mitigation
fee for this project, using the current fee schedule and the preliminary plans is $3,370.18.
The final fee shall be calculated from the final plans using the rate schedule in effect at
the time of the building permit application, using a trip generation rate based on Quality
Restaurant use. The fee estimate is based on conversion of 1,422 square -feet of Specialty
Retail to Quality Restaurant. The number of restaurant seats is increased from 60 to 84
(additional 24 seats).
26. 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.
27. 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.
28. 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.
29. SILT AND MUD IN PUBLIC RIGHT -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.
30. 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. hnprovements 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.
31. 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.
32. SIDEWALK CLOSURE /STREET PARKING. An encroachment permit will be required
for temporary sidewalk closure. The applicant shall contact George Garcia (399.7530) for
specific signage and safety requirements, and to obtain the permit. The applicant shall
coordinate any temporary blockage of street parking with the Police Department.
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