CUP 55 LGSaratoga Rd. 55 Partners, LLC SR and attachement 1t WM of MEETING DATE: 06/16/14
ITEM NO. V
cos s boa COUNCIL AGENDA REPORT
DATE: JUNE 6, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -018. PROPERTY
LOCATION: 55 LOS GATOS - SARATOGA ROAD. PROPERTY OWNER/
APPLICANT: 55 PARTNERS, LLC.
CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE
A QUALITY RESTAURANT WITH A SEPARATE BAR AND FULL
ALCOHOL SERVICE ON PROPERTY ZONED CH:PD. APN 529 -23 -007.
PLANNING COMMISSION RECOMMENDATION:
On May 21, 2014, the Planning Commission recommended that the Town Council:
1. Make the required findings (Attachment 6) and approve Conditional Use Permit U -13 -018 as
recommended by the Planning Commission (motion required); and
2. Adopt a Resolution approving a Conditional Use Permit (CUP) to operate a quality restaurant
with a separate bar and full alcohol service (Attachment 8) (motion required).
ALTERNATIVES:
Alternatively, the Council may:
1. Approve the CUP application with modified or added conditions (motion required); or
2. Continue the application to a date certain with specific direction (motion required); or
3. Deny the application (Attachment 9) (motion required).
PREPARED BY: LAUREL R. PREVETTI
Director of Community Development
Reviewed by: N Assistant Town Manager own Attorney Finance
N:\DEV\TC REP0RTS\2014\LG- Sara55- CUP.dm Reformatted: 5/30/02 Revised: 6/6/14 9:48 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 55 LOS GATOS - SARATOGA ROAD/U -13 -018
June 5, 2014
BACKGROUND:
On January 22, 2008, the Town Council approved a Planned Development (PD) for continued
operation of an existing motel, conversion of 2,300 square feet of the motel building to office space
and construction of a 9,000 square foot commercial building. The PD Ordinance allows up to two
restaurants with approval of a Conditional Use Permit (CUP).
The new commercial building is now occupied by Satellite Health Care, a dialysis center. The
applicant is proposing to locate a quality restaurant in the west end of the motel building, in the
location previously designated for office space.
On November 12, 2013, an Architecture and Site application for exterior modifications to the west
end of the building was approved by the Development Review Committee. Construction is in
progress to upgrade the street facing elevation of the building to match the exterior of the new
building at the corner of Alberto Way and Los Gatos - Saratoga Road. The approved building
elevations are shown on Sheets A3 and A4 of Exhibit 8 of Attachment 1.
On April 23, 2014, the Planning Commission considered the CUP application and continued the
matter to May 21, 2014. The Planning Commission requested that the applicant provide clearer
plans and clarification on the proposed seating, the enclosure for the patio seating, the use of the
breakfast room and private dining room, and the operation of the proposed To Go window.
On May 21, 2014, the Planning Commission considered a revised floor plan and the additional
information presented by the applicant. The Commission voted 6 -0 to forward the CUP application
to the Town Council with a recommendation for approval. Additional details on the Planning
Commission deliberations can be found in Attachments 3 and 5.
DISCUSSION:
A. Project Summary
The applicant is requesting approval to operate an 82 -seat quality restaurant with full alcohol
beverage service and a separate bar in conjunction with an existing motel operation (Inn of Los
Gatos). The service of food and alcoholic beverages requires the approval of a CUP. The Council is
the deciding body on this application as it includes a request for the service of alcohol. The
requested 82 seats are allocated as follows:
• Main dining room: 36
• Bar dining area: 18 (inclusive of 8 seats at the bar)
• Private dining room/breakfast room: 16
• Outdoor patio: 12
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 55 LOS GATOS - SARATOGA ROAD/U -13 -018
June 5, 2014
The proposed hours of operation are as follows:
• 11:00 a.m. to 11:00 p.m., Monday through Thursday
• 11:00 a.m. to 11:30 p.m. Friday
• 9:00 a.m. to 11:30 p.m. Saturday
• 9:00 a.m. to 11:00 p.m. Sunday
Additional details on the proposed restaurant are included in the April 23 and May 21, 2014 Reports
to the Planning Commission (Attachments 1 and 4).
B. Conditional Use Permit
When reviewing a Conditional Use Permit (CUP), the deciding body should consider the information
in the applicant's business plan (Exhibit 6 of Attachment 4); however, the key consideration should
be the explicit proposed use since the business plan can change from owner to owner. The explicit
use may be, and is often, defined in the recommended conditions of approval as a "use" condition.
The CUP runs with the land, and the deciding and recommending bodies should review applications
based on the explicit use as opposed to the applicant or the applicant's business plan.
The purpose of a CUP is to ensure the proper integration of uses which, because of their special
nature, may be suitable only in certain locations and only provided that such uses are arranged or
operated in a particular manner. In reviewing a CUP the deciding body, on the basis of the evidence
submitted at the hearing, may grant a CUP if the following findings can be made:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare;
(2) The proposed use will not impair the integrity and character of the zone;
(3) The proposed use would not be detrimental to public health, safety or general welfare; and
(4) The proposed use ofthe property is in harmony with the various elements or objectives ofthe
General Plan and the purposes of the Town Code.
C. Planning Commission Action
On April 23, 2014, the Planning Commission considered the requested CUP. Public testimony was
received from the applicant. Following discussion, the Commission continued the matter to May 21,
2014, and directed the applicant to provide clearer plans and clarification on the distribution of
seating, the patio seating enclosure, the use of the breakfast room and private dining room, and the
operation of the proposed To Go window.
On May 21, 2014, the Planning Commission considered a revised floor plan and the information
provided by the applicant. Public testimony was received from the applicant, the restaurant operator
and the property manager for the commercial property located across the street on Alberto Way. The
Commission made the required findings (Attachment 6) and recommended approval of the CUP with
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 55 LOS GATOS - SARATOGA ROAD/U -13 -018
June 5, 2014
the following additions and modifications to conditions of approval:
• The To Go window shall be eliminated from the plans (Condition #6)
• A maximum of 12 patio seats are allowed (Condition #7)
• Restaurant patrons shall not be seated after 10:00 p.m. (Condition #9)
• The bar length shall be limited to 24 feet (Condition #10)
• Alcohol service shall cease at 10:00 p.m. (Condition #11)
• Delivery hours shall be coordinated between the uses on the site and shall not conflict with
the operation of schools in the area (Condition #15)
Attachments 3 and 5 are verbatim transcripts of the April 23 and May 21 Commission meetings.
ENVIRONMENTAL ASSESSMENT:
An Initial Study and Mitigated Negative Declaration (MND) were prepared for the Planned
Development. The MND and related Mitigation Monitoring Plan were approved by the Town
Council on January 22, 2008. No further environmental analysis is required for the CUP application.
CONCLUSION:
It is recommended that the Town Council approve the CUP (Attachment 7) as recommended by the
Planning Commission, and adopt the resolution affirming this action.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. April 23, 2014 Report to the Planning Commission with P.C. Exhibits 1 -8
2. April 23, 2014 Planning Commission Desk Item with P.C. Exhibit 9
3. April 23, 2014 Planning Commission meeting verbatim minutes (51 transcribed pages)
4. May 21, 2014 Report to the Planning Commission with P.C. Exhibits 10 -14
5. May 21, 2014 Planning Commission meeting verbatim minutes (86 transcribed pages)
6. Required Findings (two pages)
7. Conditions of Approval (three pages)
8. Draft Resolution for approval of the CUP, with Exhibits A and B (three pages)
9. Draft Resolution to deny the CUP (three pages)
Distribution
cc: Jon Shank, 55 Partners, LLC, 14573 Big Basin Way, Saratoga, CA 95070
LRP:SA:cg
x TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
os cR��S Meeting Date: April 9, 2014
PREPARED BY: Suzanne Avila, Senior Planner
savilaa,losgatosca. aov
APPLICATION NO: Conditional Use Permit Application U -13 -018
ITEM NO: 2
LOCATION: 55 Los Gatos - Saratoga Road (northeast corner of Los Gatos -
Saratoga Road and Alberto Way)
APPLICANT/
CONTACT PERSON: Jon Shank
PROPERTY OWNER: 55 Partners, LLC
APPLICATION SUMMARY: Requesting approval to operate a quality restaurant (Los Gatos
Motor Inn) with separate bar and full alcohol service on property
zoned CH:PD. APN 529 -23 -007.
RECOMMENDATION
PROJECT DATA:
DEEMED COMPLETE: March 28, 2014
FINAL DATE TO TAKE ACTION: September 28, 2014
Forward Conditional Use Permit U -13 -019 to the Town Council
with a recommendation of denial.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Surrounding Area:
Mixed Use Commercial
CH:PD — Restricted Commercial
Highway: Planned Development
General Plan
Central LG Redevelopment Plan
Planned Development Ord. 2158
Alcoholic Beverage Policy
1.55 acres
ATTACHMENT 1
Existing Land Use
General Plan
North
Residential
Medium Density Residential
East
Residential
Medium Density Residential
M:8
South
Motel
Mixed Use Commercial
West
Office
Mixed Use Commercial
ATTACHMENT 1
Planning Commission Staff Report - Page 2
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
CEQA: An Initial Study and Mitigated Negative Declaration (MND)
were prepared for the Planned Development. The MND and
related Mitigation Monitoring Plan were approved by the Town
Council on January 22, 2008. No further environmental analysis
is required for the CUP application.
FINDINGS: ■ As required by the State Environmental Guidelines as
adopted by the Town that this project does not require any
additional environmental review.
■ As required by Section 29.20.190 of the Town Code for
granting a Conditional Use Permit.
■ As required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets
the use set forth in the Town's General Plan.
■ As required by the Town's Alcoholic Beverage Policy to
approve a Conditional Use Permit to serve alcoholic
beverages after 10:00 p.m.
■ That the project is consistent with Planned Development
Ordinance 2158.
CONSIDERATIONS: None.
ACTION: Forward Conditional Use Permit U -13 -018 to the Town Council
with a recommendation of denial.
EXHIBITS: 1.
Location Map
2.
Planned Development Ordinance 2158 (Exhibits A & B not
included)
3.
Alcoholic Beverage Policy (four pages)
4.
Required Findings and Considerations (two pages)
5.
Recommended Conditions of Approval (three pages)
6.
Project description and letter of justification (four pages),
received March 28, 2014
7.
Parking Study (five pages), received July 8, 2013
8.
Site and floor plans (five pages), received March 28, 2014
BACKGROUND:
On January 22, 2008, the Town Council approved a Planned Development (PD) for continued
operation of an existing motel, conversion of 2,300 square feet of the motel building to office
space and construction of a 9,000 square foot commercial building. The PD Ordinance allows
up to two restaurants with approval of a Conditional Use Permit (CUP).
Planning Commission Staff Report -Page 3
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
The new commercial building is occupied by Satellite Health Care, a dialysis center. The
applicant is proposing to locate a quality restaurant in the location previously designated for
office space.
On November 12, 2013, an Architecture and Site application for exterior modifications to the
west end of the building was approved by the Development Review Committee. Construction is
in progress to upgrade the building to match the exterior of the new building at the comer of
Alberto Way and Los Gatos - Saratoga Road. The approved building elevations are shown on
Sheets A3 and A4 of Exhibit 8.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval to operate a quality restaurant with full alcohol
beverage service in conjunction with an existing motel operation (Inn of Los Gatos). The
service of food and alcoholic beverages requires approval of a Conditional Use Permit
(CUP). The Planning Commission will make a recommendation to the Town Council on
the CUP application. The Council is the deciding body on the application as it includes a
request for service of alcohol. Required findings for approval of a CUP are included in
Exhibit 4.
B. Location and Surrounding Neighborhood
The project site is located on the northeast comer of Los Gatos - Saratoga Road and Alberto
Way (see Exhibit 1). The property is surrounded by office uses to the west (across the
street on Alberto Way), the Los Gatos Lodge to the south (across the street on Los Gatos -
Saratoga Road), and low to medium density residential uses to the north and west.
Abutting residential properties contain single family homes and condominiums.
C. Zoning Compliance
The PD Ordinance allows restaurant uses with approval of a CUP. The required finding for
consistency with the PD Ordinance is included in Exhibit 4.
ANALYSIS:
A. Proiect Summa
The applicant is requesting approval of a CUP to operate a 2,995 square foot, 82 -seat
restaurant with full liquor service. The applicant provided a business description and letter
of justification (see Exhibit 6), and a floor plan showing the proposed seating arrangement
(see Exhibit 8). The proposed seating would be distributed as follows:
Planning Commission Staff Report - Page 4
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
• Dining bar: 14 seats
• Main dining room: 42 seats
• Private dining room: 16 seats
• Outdoor patio: 12 seats
Service of alcoholic beverages would only be available with meals and would be provided
in all seating areas.
The Alcoholic Beverage Policy (ABP) discourages restaurants with separate bars. The
applicant has indicated that the dining bar is intended as an alternative location for guests to
dine with the option for alcoholic beverage service with meals, and is not intended to
operate solely as a bar. Condition #8 permits alcohol service only in conjunction with
meals (see Exhibit 5).
The ABP requires specific findings for approval of alcohol service after 10:00 p.m. The
applicant's letter of justification states that they are not seeking a separate bar, and that the
bar is intended as an alternate seating location for food service. The applicant also asserts
that the restaurant will be a complimentary use to the motel and will also provide a service
to nearby residents and the community.
Proposed hours of operation are as follows:
11:00 a.m. to 11:00 p.m., Monday through Thursday
• 11:00 a.m. to 11:30 p.m. Friday
• 9:00 a.m. to 11:30 p.m. Saturday
• 9:00 a.m. to 11:00 p.m. Sunday
The restaurant would also have a walk up window to allow hotel guests and patrons to pick
up take -out orders. The "to go" window would face the patio in front of the restaurant
entrance as shown on the floor plan (sheet l of Exhibit 8).
B. Conditional Use Permit
When reviewing a Conditional Use Permit (CUP), the deciding body should consider the
information in the applicant's business plan; however, the key consideration should be the
explicit proposed use since the business plan can change from owner to owner. The
explicit use may be, and is often, defined in the recommended conditions of approval as a
"use" condition. The CUP runs with the land, and the deciding and recommending bodies
should review applications based on the explicit use as opposed to the applicant or the
applicant's business plan.
The purpose of a CUP is to ensure the proper integration of uses which, because of their
special nature, may be suitable only in certain locations and only provided that such uses
Planning Commission Staff Report - Page 5
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
are arranged or operated in a particular manner. In reviewing a CUP the deciding body, on
the basis of the evidence submitted at the hearing, may grant a conditional use permit if the
following findings can be made:
(1) The proposed use of the property is essential or desirable to the public convenience
or welfare;
(2) The proposed use will not impair the integrity and character of the zone;
(3) The proposed use would not be detrimental to public health, safety or general
welfare; and
(4) The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
Staff has included required CUP findings in Exhibit 4. Condition #14 requires a one year
review of the CUP to ensure that the restaurant is operating in compliance with the
conditions of approval.
C. Alcoholic Beverage Policy
Purpose
The requirements contained in the ABP are intended to protect nearby residential
neighborhoods, while maintaining the viability of commercial centers. The policy provides
assurance that hours of operation will be regulated for a variety of reasons, including
proximity to residential neighborhoods and concentration of alcoholic beverage serving
establishments within one area.
The restaurant location is in the west end of the existing motel building, fronting on
Alberto Way (see site and floor plans, Exhibit 8). The restaurant entrance is off an entry
patio that connects to the parking lot. There are not any windows facing the adjacent
residences. The only other establishment in the vicinity that serves alcoholic beverages is
the Los Gatos Lodge which is located across Los Gatos - Saratoga Road (Highway 9)..
General Policy
The ABP's General Policy contains eight requirements. Requirements 2 and 3 are not
applicable to the subject application because there will be no entertainment.
Requirement #1 states that the Town shall continue to strongly discourage new applications
for stand -alone bars or restaurants with separate bars. The applicant is proposing a separate
dining bar area. The restaurant would not be open past 11:30 p.m. and would have meal
service when alcohol beverage service is available, as required by the ABP.
Planning Commission Staff Report - Page 6
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
Requirement #4 does not permit alcoholic beverage service after 11:00 p.m. Sunday
through Thursday, except for holidays and evenings before holidays, or after 1:00 a.m.
Friday, Saturday, holidays, and evenings before holidays. The applicant is proposing to
end food and alcoholic beverage service at 11:00 p.m. on Sunday through Thursday and at
11:30 p.m. on Friday and Saturday.
Requirement #5 states that an establishment serving alcoholic beverages is subject to five
provisions related to alcohol service. These provisions are included as conditions of
approval.
Requirement #6 requires the deciding body to make specific findings to approve an
application to serve alcoholic beverages after 10:00 p.m. The applicant is proposing to
serve alcoholic beverages after 10:00 p.m. seven days a week.
Requirement #7 defines a meal as `a combination of food items selected from menu.' The
applicant has not provided a sample food service menu although they have cited examples
of existing restaurants that the new restaurant will be modeled after. The restaurant would
require food service when alcohol beverage service is requested.
Requirement #8 states that alcoholic beverage service in approved outdoor seating areas
may be permitted if adequate separation is provided from public areas. The outdoor patio
is not fully enclosed and would need to have a barrier around the seating area to separate it
from the walkways and to delineate the area where alcoholic service is allowed. Condition
#11 specifies this requirement.
Specific Policy
The Specific Policy has two requirements that address alcoholic beverage service at
restaurants. The first states that alcoholic beverages may only be served with meals. The
business will provide food service from a menu. The second requirement states that meal
service shall be available until closing. The restaurant will offer food and beverage service
that will cease at 11:30 p.m. on Friday and Saturday nights, and 11:00 p.m. on all other
nights.
The intent of the policy is to ensure that food will be served in conjunction with alcoholic
beverages. Staff believes that the proposal is consistent with this policy.
D. Parkin
The Town Code requires one parking space for every three seats for a restaurant with
separate bar. The PD was approved with a shared parking concept. A Parking Study was
prepared to support the approved shared parking. A revised Parking Study was prepared to
evaluate the uses on the site, inclusive of the dialysis center, motel, and proposed restaurant
(see Exhibit 7). The study was based on parking counts conducted on sites with similar
Planning Commission Staff Report - Page 7
55 Los Gatos - Saratoga Road/ J -13 -018
April 23, 2014
uses. Two existing Satellite Health Care facilities were used in addition to a small motel in
Campbell and two quality restaurants with an operation that is similar to the proposed
restaurant. The cumulative total parking demand was used to determine the number of
parking spaces that are needed to support the three uses on.the project site (motel restaurant
and dialysis center). The conclusion of the parking study is that the on -site parking is
adequate to support the uses on the site. The parking analysis assumed a 95 seat restaurant
while the applicant is proposing a total of 82 seats.
E. Traffic
The project would result in a net decrease of 47 ADT (average daily trips) with a net
decrease of 16 a.m. peak period trips. The project would result in an increase of 9 p.m.
peak period trips. The trip increase is the difference between the originally approved
project (60 room motel, 9,000 square foot commercial building and 2,300 square feet of
office) and the actual uses (54 room motel, 8,826 square foot medical office building and
proposed 82 seat restaurant). The project requires payment of a traffic impact fee which is
included as condition #22. Community benefit was provided when the PD was approved,
including a monetary contribution to the Town's traffic calming program.
F. General Plan
Goals and policies of the 2020 General Plan applicable to this. project include, but are not
limited to:
• Policy LU -2.1 — Minimize vehicle miles traveled for goods and services by allowing
and encouraging stores that provide these goods within walking distance of
neighborhoods in Los Gatos.
• Policy LU -9.2 — Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
commercial centers to meet the needs of residents and preserve the small -town
atmosphere.
• Policy LU -9.6 — Encourage development that maintains and expands resident - oriented
services and/or creates employment opportunities for local residents consistent with
overall land use policies of the Town.
• Policy TRA -3.1 — All development proposals shall be reviewed to. identify and mitigate
project traffic impacts pursuant to the Town's traffic impact policy.
G. Environmental Review
An Initial Study and Mitigated Negative Declaration (MND) were prepared for the Planned
Development. The MND and related Mitigation Monitoring Plan were approved by the
Town Council on January 22, 2008. No further environmental analysis is required for the
i CUP application.
Planning Commission Staff Report - Page 8
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
H. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be permitted in the Central Los Gatos Redevelopment Project Area.
The subject property is designated commercial and, per the Redevelopment Plan, shall be
used for the general commercial uses set forth and described in the Town's General Plan.
The proposed use falls under general commercial uses.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the property perimeter.
No written comments were received prior to completion of this report.
SUMMARY AND RECOMMENDATION:
A. Summary
Staff is recommending denial of the CUP since a separate dining bar area has been
proposed and service of alcohol is proposed after 10:00 p.m., which conflicts with the
Town's Alcoholic Beverage Policy. The ABP gives the hearing body discretion to approve
alcoholic beverage service 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. If the Planning Commission finds merit with the
applicant's proposal, a recommendation of approval may be forwarded to the Town
Council as outlined in the recommendation section below.
B. Recommendation
It is recommended that the Planning Commission forward a recommendation to the Town
Council for denial of Conditional Use Permit application U -13 -018.
If the Commission finds merit with the proposal, it may recommend approval of the CUP,
as follows:
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of
the California Environmental Quality Act as adopted by the Town (Exhibit 4); and
2. Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 4); and
3. Make the required finding as required by Section fV.B of the Redevelopment Plan
for the Central Los Gatos Redevelopment Project that it meets the use set forth in
the Town's General Plan (Exhibit 4); and
Planning Commission Staff Report - Page 9
55 Los Gatos - Saratoga Road/U -13 -018
April 23, 2014
4. Make the required findings as required by the Town's Alcoholic Beverage Policy to
approve a Conditional Use Permit to serve alcoholic beverages after 10:00 p.m.
(Exhibit 4); and
5. Recommend approval to Town Council of Conditional Use Permit application U-
13 -018 with the conditions contained in Exhibit 5.
Alternatively, if the Commission has concerns with the proposal, it can:
1. Continue the matter to a date certain with specific direction to the applicant and
staff; or
2. Recommend approval of the application to Town Council with additional and/or
modified conditions.
F ,:
neggly-IgION
Suzanne Avila, AICP
Senior Planner
SLB:SA:cgt
Approved by:
Sandy L. Baily
Director of Community Development
cc: Jon Shank, 55 Partners, LLC, 14573 Big Basin Way, Saratoga, CA 95070
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55 Los Gatos - Saratoga Road
April 23 PC Report
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ORDINANCE 2158
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH:PD FOR PROPERTY LOCATED AT
55 LOS GATOS- SARATOGA ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 55 Los Gatos - Saratoga Road (Santa Clara County Assessor Parcel Number 529 -23 -007)
as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted
Highway Commercial) to CH :PD (Restricted Highway Commercial, Planned Development).
SECTION 11
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
I. Construction of a 9,000 square foot commercial building, inclusive of retail space and a
maximum of two restaurant spaces.
2. Landscaping and other improvements shown and required on the Official Development Plan,
3. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by
Sections 29.60.420 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless
specifically authorized by this Ordinance, or by a Conditional Use Permit
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
Page I of 17 EXHIBIT $
April 23 PC Report
SECTION IV
Architecture and Site Approval is required before construction work for the new commercial
building and exterior portions of the motel remodel is performed, whether or not a permit is required
for the work and before any permit for construction is issued. Construction permits shall only be in a
manner complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
application and approval is required for the commercial building and exterior modifications
to the motel. The south elevation shall be enhanced through this process. The Development
Review Committee shall be the deciding body for the Architecture and Site application.
2. MASTER CONDITIONAL USE PERMIT. A Master Conditional Use Permit (MCUP) shall
be established for the property. The MCUP shall include hours of operation for all tenant
spaces, maximum seating for the restaurants using the final floor plans and available on -site
parking, and shall be consistent with the Parking and Traffic Studies for the project unless a
revised study is accepted by the Planning Commission. The Master CUP shall be reviewed
and approved by the Planning Commission prior to acceptance of plans for any tenant
improvements.
3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. The colors and building materials shown
on the Official Development Plan are not approved and shall be reviewed through the
Architectural and Site approval process.
Page 2 of 17
4. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process. All trees
recommended for preservation by the Town's Consulting Arborist shall be saved. Minimum
tree size at time of planting shall be 24 -inch box.
5. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as
otherwise shown on the Conceptual Development Plans. The front setback (Alberto Way)
shall be at least 10 feet. The building shall be reduced as necessary to meet this setback
without adversely impacting the parking spaces and drive aisles. The number of parking
spaces shall not be reduced below 75.
6. BUILDING HEIGHT. The maximum height of the commercial building shall be 22 feet at
the main ridge and 29 feet for the comer tower element.
7. STREET FACING WINDOWS. All windows facing Alberto Way shall be functional
display windows.
8. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties to shine on the project site only. Lighting shall be
the minimum needed for pedestrian safety and security. Photometrics and lighting
specifications shall be reviewed as part of the Architecture and Site process.
9. "BIOLOGICAL RESOURCES MITIGATION MEASURE. The recommendations made
by Arbor Resources shall be implemented to eliminate or minimize the construction- related
impacts on the trees to be retained. Recommendations are listed under Section 5.0 of the
January 22, 2007 arborist report and in the July 30, 2007 supplemental report.
10. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of any permits.
11. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number and size shall be determined using the canopy replacement table in
the Tree Protection Ordinance.
12. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction plans.
Page 3 of 17
13. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final
locations and screening of all exterior utilities, including but not limited to, backflow
preventers, Fire Department connections, transformers, utility boxes and utility meters.
Utility devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval of the prior to issuance
of building permits for the office building shell.
14. SIGNS. The ground sign shall not exceed 10 feet in height and may not include more than
three tenants. A sign program shall be approved for the ground and building signs. The sign
program details shall be proposed by the applicant and approved by the Director of
Community Development prior to issuance of any sign permits. The existing pole sign may
be retained for one year following issuance of an occupancy permit at which time it shall be
removed and replaced by the ground sign.
15. * *CULTURAL RESOURCES MITGATION MEASURE -1. In the event that archaeological
traces are encountered, all construction within a 50 -meter radius of the find shall be halted,
the Community Development Director shall be notified, and an archaeologist shall be
retained to examine the find and make appropriate recommendations.
16. * *CULTURAL RESOURCES MITGATION MEASURE -2. If human remains are
discovered, the Santa Clara County Coroner shall be notified. The Coroner shall determine
whether or not the remains are Native American. If the Coroner determines that the remains
are not subject to his authority, he shall notify the Native American Heritage Commission,
who will attempt to identify descendants of the deceased Native Americans.
17. * *CULTURAL RESOURCES MITGATION MEASURE -3. If the Community
Development Director finds that the archaeological find is not a significant resource, work
will resume only after the submittal of a preliminary archaeological report and after
provisions for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial shall follow the protocol set
forth in CEQA Guidelines Section I5064.5(e). If the site is found to be a significant
archaeological site, a mitigation program shall be prepared and submitted to the Community
Development Director for consideration and approval, in conformance with the protocol set
forth in Public Resources Code Section 21083.2.
Page 4 of 17
18. **CULTURAL RESOURCES MITGATION MEASURE -4. A final report shall be prepared
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.
19. * *NOISE MITGATION MEASURE At the time of Architecture & Site review, a qualified
acoustical consultant shall determine compliance with of the proposed commercial uses with
the Town Noise Ordinance. The noise study shall specifically address project related rooftop
equipment with ordinance noise limits and any late evening or nighttime parking lot activities
that could be associated with the proposed restaurant use. Noise attenuation design measures
shall be recommended as necessary to ensure compliance with applicable Town noise limits.
20. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project. The agreement shall
include details on the timing and implementation of each item and shall be approved by the
Town Attorney and the Director of Community Development prior to issuance of any
building permits for the project.
Building Division
21. PERMITS REQUIRED: A building permit shall be required for the construction of the new
commercial building. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
22. CONDITIONS OF APPROVAL: The Conditions of Approval must be printed 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.
23. SIZE OF PLANS. The maximum size of construction plans (four sets) submitted for
building permits shall be 24 inches by 36 inches.
24. BUILDING NUMBERS. Submit requests for building and/or suite numbers to the Building
Division prior to submitting for the building permit application process.
Page 5 of 17
25. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report; and, the on -site retaining wall locations and elevations are prepared according to
approved plans. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or registered civil engineer for the following items:
a. Building pas elevation
b. Finish floor elevation
C. Foundation corner locations
26. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing retaining wall and pad foundation design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics. ALTERNATE: Design the foundation for an
allowable soils 1,000 psf design pressure (Uniform Building Code Volume 2- Section 1805).
27. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be
printed on the construction plans.
28. TITLE 24 — COMMERCIAL. The building shall he constructed to comply with the latest
California Title 24 Accessibility Standards.
29. 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 wwww.losgatosca.gov.
30. 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.
Page 6 of 17
31. RESTAURANT USE: Proper size grease trap shall be required for any proposed 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
32. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538).
33. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Suzanne Davis at 354 -6875
b. Engineering Department: Fletcher Parsons at 395 -3460
C. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: contact the Town Building Service Counter for the appropriate
school district and to obtain the school form)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
34. *GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be
conducted for the project to determine the surface and sub - surface conditions at the site and
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. All recommendations of the investigation shall be incorporated into
project plans.
35. "TRAFFIC MITIGATION MEASURE. The applicant shall contribute to the installation of
signal interconnects along Los Gatos - Saratoga Road from Alberto Way to Los Gatos
Boulevard to improve traffic progression.
Page 7 of 17
36. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall
include final grading, drainage, retaining wall location, driveway, utilities and interim
erosion control. Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas. Unless specifically allowed by the Director of Parks and Public
Works, the grading permit will be issued concurrently with the building permit. The grading
permit is for work outside the building footprint(s). A separate building permit, issued by the
Building Department at 110 E. Main Street is needed for grading within the building
footprint.
37. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
38. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall- -top of wall elevations and locations
b. Toe and top of cut and fill slopes
39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both vertical and horizontal foundation placement.
40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre - construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub - contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
Page 8 of 17
41. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports
shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section
6735 of the California Business and Professions Code.
42. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls,
site grading, and site drainage are in accordance with their recommendations and the peer
review comments. The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
43. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as- built" letter /report prepared by the
applicant's soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
44. PUBLIC IMPROVEMENTS. The developer shall upgrade existing signal at the intersection
of Alberto Way and Los Gatos - Saratoga Road. Signal upgrades shall include replacement of
existing programmable vehicle signal heads with standard signal heads, non -LED signal
heads with LED's, pedestrian signal heads with pedestrian countdown signal heads, non-
ADA compliant pedestrian push buttons with ADA compliant pedestrian push buttons, and
the signal controller with current Town standard Econolite controller. Plans for those
improvements shall be prepared by a California registered civil engineer, reviewed and
approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor
& Materials Security before the issuance of a building permit or the recordation of a map.
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
Page 9 of 17
45. 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.
46. 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 $48,000. 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 motel, retail and restaurant use.
47. 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.
48. 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.
49. 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.
Page 10 of 17
50. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice of
Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) shall be submitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as needed to protect. downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of Order 01 -024
of the amended Santa Clara County NPDES Permit.
51, DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late - aftemoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
Page 11 of 17
52. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum a Traffic Control Plan, Project
Schedule, site security fencing, employee parking, construction staging area, construction
trailer, and proposed outhouse locations.
53. 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).
54, 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.
55. STORM WATER MANAGEMENT PLAN. A storm water management plan shall be
included with the grading permit application for all Group I and Group 2 projects as defined
in the amended provisions C.3 of Order No. R2- 2005 -0035 of the amended Santa Clara
County NPDES Permit. This project removes and replaces more than 10,000 square feet of
impervious area and is a Group 2B project. The plan shall delineate source control measures
and BMP's together with the sizing calculations. The plan shall be certified by a professional
pre - qualified by the Town. In the event that storm water measures proposed on the Planning
approval differ significantly from those certified on the Building/Grading Permit, the Town
may require a modification of the Planning approval prior to release of the Building Permit.
The applicant may elect to have the Planning submittal certified to avoid this possibility.
56. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter into
an agreement with the Town for maintenance of the stormwater filtration devices required to
be installed on this project by Town's Stormwater Discharge Permit No. CAS029718 and
modified by Order No. R2- 2005 -0035. The agreement will specify that certain routine
maintenance shall be performed by the property owner and will specify device maintenance
reporting requirements. The agreement will also specify routine inspection requirements,
permits and payment of fees. The agreement shall be recorded prior to release of any
Page 12 of 17
occupancy permits.
57. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(6). All new utility services shall be placed underground. Underground conduit
shall be provided for cable television service.
58. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress printing
to the Town for review of the above ground utilities including backflow prevention devices,
fire department connections, gas and water meters, off - street valve boxes, hydrants, site
lighting, electrical /communication/cable boxes, transformers and mail boxes. Above ground
utilities shall be reviewed and approved by Community Development prior to issuance of any
permit.
59. 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.
60. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be provided to
the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include
only the following information and shall conform to the layer naming convention: (a)
Building Outline, Layer: BLDG - OUTLINE; (b) Driveway, Layer: DRIVEWAY; (c)
Retaining Wall, Layer: RETAINING WALL; (d) Swimming Pool, Layer: SWIMMING -
POOL; (e) Tennis Court, Layer: TENNIS - COURT; (f) Property Line, Layer: PROPERTY -
LINE; (g) Contours; Layer: NEWCONTOUR. All as -built digital files must be on the same
coordinate basis as the Town's survey control network and shall be submitted in AutoCAD
version 2000 or higher.
61. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
Page 13 of 17
62. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area
drains connected to the sanitary sewer system shall be provided.
63. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
64. 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.
65. 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 6.50.0 10 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.
66. 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.
67. 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
Page 14 of 17
a special permit is issued by the Engineering Division.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
68. REQUIRED FIRE FLOW. The required fire flow for the project is 2,500 gpm at 20 psi
residual pressure.
69. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system
is required for the commercial building, hydraulically designed per National Fire Protection
Association (NFPA) Standard #13. A State of California (C -16) licensed 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 work.
70. NEW COMMERCIAL BUILDING. The new building shall comply with standard
specification SI -7 for construction site fire safety.
71. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved
all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13
feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15 %. Installations shall conform with Fire Department Standard Details
and Specifications A -1.
72. PARKING ALONG ROADWAYS. The required fire access road shall not be obstructed in
any manner and parking shall not be allowed along roadways less than 28 feet wide. Parking
is permitted along one side of roadways 28 -35 feet in width. For roadways equal to or
greater than 26 feet, parking will be allowed on both sides. Roadways widths shall be
measured curb to curb face with parking space based on an eight foot width.
73. FIRE LANE MARKINGS REQUIRED. Provide marking in conformance with Fire
Department requirements for all roadways within the project. Installations shall conform to
Local Government Standards and Fire Department Standard Details and Specifications A -6.
74. PRIVATE ON -SITE HYDRANT REQUIRED. Provide one fire hydrant installed per NFPA
Standard #24 at a location to be determined jointly by the Fire Department. Minimum
hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM at 20 psi
residual. Prior to design the project civil engineer shall meet with the Fire Department water
supply officer to jointly spot the required hydrant location.
Page 15 of 17
75. ON -SITE PRIVATE FIRE SERVICE MAINS AND /OR HYDRANTS. Installation of
private fire service mains and/or hydrants shall conform to National Fire Protection
Association (NFPA) Standard #24, and Fire Department Standard Details and Specification
W -1 If the supply piping is "combined" (sprinkler system and hydrants) a UL listed four -
way FDC shall be provided. A separate installation permit is required from the Fire
Department.
76. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire services and fire hydrant(s) shall be tested and accepted by the Fire Department prior to
start of framing or delivery of bulk combustible materials. Building permit issuance may be
withheld until required installations are completed, tested and accepted.
77. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general contractor
shall ensure that an approved fire hydrant location identifier ( "blue dot ") has been placed in
the roadway as directed by the Fire Department.
78. FIRE DEPARTMENT KEY BOX. The building shall be equipped with a permanently
installed emergency access key lock box (knox), conforming to Fire Department Standard
Detail and Specification sheet K -1. Access keys shall be provided to the Fire Department at
the time of final inspection.
79. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
and 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.
Page 16 of 17
1
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 22, 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 February 4, 2008, and becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara
Spector
NAYS: None
ABSENT:
ABSTAIN:
ATTEST:
6W
THE TOWN OF LOS GATOS
CALIFORNIA
CLE MINIS { RATOR OF THE TOWN OF LOS GATOS
LOS OS, CALIFORNIA
Page 17 of 17
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POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I. Purpose
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Townresidents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended
to balance the protection of residential neighborhoods in close proximity to commercial
districts and still maintain the viability of our commercial centers in which restaurants have
an essential role. Hours of operation may be regulated based on an establishment's
proximityto residential neighborhoods or schools, the concentration of establishments in an
area serving alcoholic beverages or for other reasons that may arise at the public hearing.
The decidingbody may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements:
II. General policy
The Town shall continue to strongly discourage new applications for stand alone
bars or restaurants with separate bars.
2. The Town shall continueto discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modification of a conditional use permit shall not be allowed:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 AM Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
April 23 PC Report
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
5. Any establishment serving alcoholic beverages shall be 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 Californian
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.
6. The deciding body shall make the following findings prior to approving an
application for conditional use permit to serve alcoholic beverages past I OPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
B. The applicant does not have a history of complaints and non - compliance with
local ordinances or the Alcoholic Beverage. Policy.
C. The applicant has demonstrated a clear benefit to the community.
A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals.
Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. Specific Policy
Restaurants:
Alcoholic beverages may only be served with meals.
2. Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or I 1 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning
Commission. The Commission will make a recommendation to the Town Council
and the Council shall have final review authority.
Changes in ownership for businesses involving service of alcoholic beverages shall
be reviewed by the Community Development Department. The following process
will be followed:
a. The Director of Community Development shall contact the new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surrounding /impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
C. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use permit.
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there are violations of the use permit that have not been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.3 10 of the Zoning
Ordinance.
e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
N. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.20.318(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety or welfare. Enforcement of section 29.20.318(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment that are a direct
result of patrons actions;
U. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town
retains the right of review and approval (or denial) of each project based on its merits.
N:I EV UZANNE1COwriMahi UW]alcoholE h4 .%pd
PLANNING COMMISSION —April 23, 2014
REQUIRED FINDINGS & CONSIDERATIONS FOR:
55 Los Gatos- Sarato ag Road
Conditional Use Permit U -13 -018
Requesting approval of a Conditional Use Permit for a quality restaurant with separate bar and full
alcohol service on property zoned CHID. APN 529 -23 -007.
PROPERTY OWNER/APPLICANT: 55 Partners, LLC
FINDINGS:
Required findings for CEQA:
The project is categorically exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town in that the project consists of the operation of a restaurant
within an existing commercial building. No floor area is being added to the building.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project
Area:
a The proposed project is consistent with the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area (Section IV.B) in that the subject property is designated for
commercial use and the proposed restaurant use is within that category.
Required findings for a Conditional Use Permit.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
1. The proposed use is essential or desirable to the public convenience or welfare in that
the new restaurant will provide a desirable amenity that will complement the
operation of the existing motel, and will provide a desirable service to the immediate
neighborhood and community;
2. The proposed use will not impair the integrity and character of the zone as it is
intended for commercial uses and the PD Ordinance that governs the property allows
restaurant uses with approval of a conditional use permit;
3. The proposed use would not be detrimental to public health, safety, or general
welfare as appropriate conditions of approval have been included; and
4. The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as detailed in the
April 23, 2014, Planning Commission report.
EXimu 4
April 23 PC Report
Required Findings for late night alcohol service:
As required by the Policy Regulating the Consumption and Service of Alcoholic Beverages
a. Late night service will not adversely impact adjacent residential neighborhoods.
b. The applicant does not have a history of complaints and non - compliance with local
ordinances or the Alcoholic Beverage Policy.
C. The renovation of the motel and operation of the restaurant will provide an on -site
dining option for motel guests and an additional dining option to members of the
community, including neighborhood business owners, employees and residents.
N:�ENFl WGS=4U, SA 55 -C .DGC
PLANNING COMMISSION —April 23, 2014
CONDITIONS OF APPROVAL
55 Los Gatos - Saratoga Road
Conditional Use Permit U -13 -018
Requesting approval of a Conditional Use Permit for a quality restaurant with a separate bar and
full alcohol service on property zoned CH:PD. APN 529 -23 -007.
PROPERTY OWNER/APPLICANT: 55 Partners, 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
approved by the Town Council on , 2014, and noted as received by the Town
on March 28, 2014. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, the Planning Commission or the
Town Council, depending on the scope of the changes.
2.
EXPIRATION. The Conditional Use Permit approval will expire two years from the
approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is
used prior to expiration.
3.
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.
4.
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.
5.
USE. The approved use is a quality restaurant with full alcohol service. If a different
type of restaurant is proposed in the future, the CUP shall be amended.
6.
SEATING. The maximum number of seats is 82 inclusive of the restaurant, dining bar,
breakfast room and the outdoor patio.
7.
HOURS OF OPERATION. Maximum hours of operation are as follows:
a. 11:00 a.m. to 11:00 p.m. Monday through Thursday
b. 11:00 a.m. to 11:30 p.m. Friday
C. 9:00 a.m. to 11:30 p.m. Saturday
d. 9:00 a.m. to 11:00 p.m. Sunday
8.
ALCOHOL SERVICE. Alcoholic beverage service is allowed in the restaurant dining
room and dining bar, and outdoor patio, only in conjunction with meal service.
9.
ALCOHOLIC BEVERAGE POLICY: The applicant shall comply with any new
requirements in the Town's Alcoholic Beverage Policy within six (6) months of the date
of the change in policy.
10.
ABC PERMIT. A permit for service of alcohol shall be obtained from the Department of
Alcoholic Beverage Control prior to service of alcohol.
EXHIBIT 5
April 23 PC Report
Conditions of Approval
55 Los Gatos - Saratoga Road/U -13 -018
Page 2 of 3
11. OUTDOOR PATIO. An enclosure shall be installed for the outdoor patio if alcohol
service will be available to patrons dining in this area. The design of the enclosure shall
be consistent with the Commercial Design Guidelines and compliant with ABC
requirements.
12. DELIVERY HOURS. Deliveries shall occur between 9:00 a.m. and 7:00 p.m., Monday
through Saturday.
13. LIVE ENTERTAINMENT. No live entertainment or amplified music is allowed.
14. ONE YEAR REVIEW. The Planning Commission shall review the Conditional Use
Permit within one year from final occupancy to evaluate the success of the conditions of
approval, any compliance matters, and to determine if modifications to the conditions are
needed. This review shall be noticed as a public hearing.
15. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to
commencement of use.
16. BUSINESS LICENSE. A business license must be obtained from the Town prior to the
commencement of use.
Building Division
17. PERMITS REQUIRED. A Building Permit shall be required for the any alterations to
the restaurant space. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
18. 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.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
20. 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. 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.
21. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Suzanne Avila (408) 354 -6875
b. Santa Clara County Fire Department: (408) 378 -4010
C. County Environmental Health Department: (408) 885 -4200
Conditions of Approval
55 Los Gatos - Saratoga Road/U -13 -018
Page 3 of 3
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUNLIC WORKS:
Engineering Division
22. 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
$44,502.72. 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.
23. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and
provided with area drains connected to the sanitary sewer per current NPDES
requirements. Temporary trash enclosures are exempt from this condition.
24. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
TO THE SATISFACTION OF THE POLCE CHIEF:
25. 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.
26. 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.
27. 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.
28. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
29. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall
be posted in a visible location.
NM MCONDITNW014LL -Sv 5- CUP.d.c
This Page
Intentionally
Left Blank
55 PARTNERS, LLC
Room Service
The proposed restaurant will provide room service to the guest rooms. Guests will have the
option of picking up their orders at the to -go window or having the order delivered to their
room. The restaurant and the hotel staff will work in conjunction with each other so that this
function will be done as part of an employee's job rather than by one specific employee that
would have this as their only job. The to -go window will be open during all normal business
hours. It will be. linked to the kitchen so that meals can easily be prepared and staged at the to-
go counter for seamless pick -up. There will only be one to -go- window, which will serve the
hotel guests and the community.
Public Hours
The restaurant will be open to the public during the stated hours of operation. The hotel will
provide a limited breakfast service, which might eventually be provided by the restaurant. The
location of the breakfast will be in the specific hotel breakfast room. The restaurant and the
hotel will work together to determine the most efficient service plan possible.
To -Go Window
The to -go window will be open during all hours of operation. When an order is ready, it will be
staged at the to -go window instead of at a serving station. A kitchen employee will simply give
the order to to -go- window guest at the time they arrive. The to -go window guest could be a
hotel guest or a member of the community. We anticipate that both groups of people will use
the to -go window.
Deliveries
The hotel guests are in a similar position to residents that live behind the hotel property. It is
not in our best interest to disturb these hotel guests by having deliveries at undesirable hours.
Deliveries will be coordinated to occur during any hours permitted by the Town of Los Gatos.
We will have heightened rules that we place on ourselves. Essentially, any deliveries that would
disturb a sleeping guest will not be permitted. The surrounding residents will benefit from our
stringent rules on deliveries.
April 23 PC Report
c/o Pelio &Associates, Inc., 14573 Big Basin Way, Saratoga, CA 95070
55 PARTNERS, LLC
It is clear in the Town of Los Gatos Alcoholic Beverage Service Policy that the Town does not encourage
applications for restaurants with separate bars and entertainment establishments that serve alcoholic
beverages. We are seeking neither of these uses. Our hotel and the surrounding community would
greatly benefit from having an upscale restaurant that serves high quality food and provides both
convenient access and easily accessible parking. Our restaurant will serve food throughout the
establishment and alcohol will be available to compliment the meal. The alcohol service area is a dining
space (as emphasized by the pizza oven and food choices on display) with individual seating that will be
a great option for hotel guests travelling alone (and for single diners in general), since they will be able
to dine in a communal atmosphere and enjoy a beverage of their choice. We are not seeking to create a
location where people can gather to create raucous noise detrimental to the environment. As owners of
the hotel that is connected to this restaurant, we cannot allow this to happen. The hotel is the main
driver of the site. The restaurant is an ancillary amenity designed to amplify the quality and desirability
of the hotel. We believed this to be true back in 2006 when we applied for a Planned Development that
included retail space for restaurant use. Our belief in the need for a restaurant is even stronger today.
The more hotel guests that we can attract due to amenities such as a restaurant, the more transient
occupancy tax the hotel would presumably be paying to the Town of Los Gatos. We are seeking to have
a tasteful locale that becomes a treasured staple of the community and an asset for the Town of Los
Gatos and its residents. Alcoholic beverages will not be served after llpm on Sunday through Thursday
or after 11:30pm on Fridays and Saturdays. The hotel employees will be monitoring the front desk and
the entire site 24 hours per day, 7 days a week (via physical inspections and video surveillance). The
hotel employees will act as de facto security to ensure that disturbing behavior is not permitted. The
restaurant will have an employee training manual that addresses alcoholic beverage service consistent
with the standards of the California Restaurant Association, and it will also employ and shall actively
promote a designated driver program. Taxicab telephone numbers will be prominently posted, and the
restaurant will have a relationship with the hotel that can facilitate the possible use of a guest room for
any restaurant patron that may need it (provided that they are not a hotel guest in the first place).
Alcoholic beverages will be served in the dining area only in conjunction with meal service. Additionally,
meal service will be available until closing every day, so there is no concern that alcoholic beverages
would be served without the possibility of a coinciding meal.
Peak Time Employees
We anticipate no more than 10 employees on premises at peak times. Any parking utilized by
these employees should be offset be an equal or greater number of hotel guests that we
anticipate will dine at the restaurant. A hotel guest would park one car but utilize the two uses
that are on the premises (the hotel and the restaurant).
c/o Pelio & Associates, Inc., 14573 Big Basin Way, Saratoga, CA 95070 - 408.872.9500
55 PARTNERS, LLC
which suggest that the on -site parking spaces will be adequate in accommodating the shared use.
Letter of Justification
55 Partners, LLC was approved for approximately 3,400 square feet of restaurant space at 55 Los Gatos -
Saratoga Road under Ordinance 2158. As the Town is aware, the 8,826 sf newly - constructed building
has been leased to a medical use. Our belief at the time of our 2006 Planned Development application
was that a restaurant use would help activate the site and be a beneficial service to both hotel guests
and the surrounding community. Our belief in this concept is even stronger today, which is why we are
applying for a Conditional Use Permit to locate the restaurant use at the site of the previous lobby
location at 55 Los Gatos- Saratoga Road.
The addition of a fine dining restaurant to the site should increase the perceived quality of the hotel
which may allow us to both increase occupancy and raise hotel room rates (and thus increase the
transient occupancy tax). The parking study has shown that we have adequate parking to meet the
demand of the proposed number of seats. It is in our best interest to ensure that we do not create a
parking problem. We have several years of detailed hotel parking counts which gives us even further
confidence that our parking lot can accommodate the proposed restaurant seating. Our restaurant will
provide an easily - accessible fine dining experience which gives local residents an alternative to the
congested downtown area. Downtown has parking issues. We provide a quick and easy alternative to
downtown dining, which means our restaurant will help keep cars out of the congested downtown. A
restaurant guest could visit our establishment and never drive on any of the overcrowded downtown
streets. A fine dining restaurant is befitting of a newly- upgraded hotel, and we believe it will be
attractive to the business guests that are now choosing to stay at the hotel, in addition to the leisure
guests that have historically stayed with us.
We anticipate many patrons will come from the high - density residential units that are adjacent to 55
Los -Gatos Saratoga Road. The nearby office complexes will also have a dining option that is extremely
close to where they work. Los Gatos could greatly benefit from having another fine dining option that is
outside the downtown corridor but easily accessed by the local community. It seems that another
quality choice for residents of Los Gatos would be appreciated by the community. We will provide an
excellent food and drink offering in a picturesque setting that fills a restaurant void which currently
exists between downtown Los Gatos and Los Gatos Boulevard.
C/o Pelio & Associates, Inc., 14573 Big Basin Way, Saratoga, CA 95070 - 408.872.9500
55 PARTNERS, LLC
Inn of Los Gatos Restaurant Concept
Our goal is to create a relatively small restaurant that complements our newly- renovated hotel as well
as to support the community and to promote an appreciation of the immediate surroundings and
environment. The restaurant is planned to be modern and contemporary with a wood -fired grill. We
will use local, organic and sustainable food products. The restaurant will serve the hotel guests as well
as the residents of Los Gatos. We plan to be a restaurant that offers full alcohol service as an addition to
the meal service, and we intend to feature California -based spirits, craft beer, European beer and local
wines. Therefore, we will apply for a full liquor license. Our alcohol service area is intended to be a
space where guests could enjoy a meal with an alcoholic beverage, as opposed to a bar where people
come in to drink. To this end, we plan to have the pizza oven installed in this area and food options such
as fresh oysters displayed and available. A to -go -food walk -up window will also provide fast and easy
food pick -up for the hotel guests and the local community. We plan to design the restaurant using LEED
certified guidelines, including "green" and sustainable products wherever possible.
Restaurant concepts that are similar to the Proposed operation
Los Altos Grill (Los Altos)
Mayfield Bakery (Palo Alto)
Restaurant LuLu (San Francisco)
Chez Panisse Cafe — upstairs (Berkeley)
Hours of operation
Monday through Thursday —11am to 11:OO13m
Friday —11am to 11:30pm
Saturday —weekend brunch opening at 9am. Restaurant to close at 11:30pm.
Sunday — Weekend brunch opening at 9am. Restaurant to close at 11:OOpm.
Employees
We anticipate 18 to 20 total employees which will be dispersed across the various hours of
operation. We foresee no more than 10 employees on premises at peak times.
Seating
Our requested square footage is 2,995 sf, which is well below the 3,400 sf approved in our 2006 Planned
Development. Based upon multiple parking studies, we are requesting approval for eighty -two (82)
seats for inside and outside food and drink service. The outside service will be confined to a partially
enclosed private patio seating area substantially away from any public right -of -way. We are confident
that all uses on -site will work well together. We have kept our own parking counts for several years,
c/o Pelio & Associates, Inc., 14573 Big Basin Way, Saratoga, CA 95070 — 408.872.9500
LNI Vision That Moves Your Community
Transportation
Consultants
Pleasanton
4305 Hacienda Drive
Suite 550
Pleasanton, CA
94588 -2798
925.463.0611
925.463.3690 fax
Fresno
516 W. Shaw Avenue
Suite 200
Fresno, CA
93704.2515
559.325.7530
559.221.4940 fax
sacnmenw
980 Ninth Street
16� Floor
Sacnsmenw, CA
95814 -2736
916.449.9095
Santa Rosa
1400 N. Dutton Avenue
Suite 21
Santa Rosa, CA
954014643
707.575.5800
7075755888 fax
qkm @tjkm.com
ww Jkm.com
July 8, 2013
Ms. Trang TuNguyen
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos CA 95031
Via e-mail only: ttunguXenelosgatosca.gov (5 pages)
Subject: Parking Demand Study for a Proposed Mixed -Use Development at
55 Los Gatos Saratoga Road in the Town of Los Gatos
Dear Trang:
TJKM is pleased to provide you with this draft letter report for the above referenced project. We
understand that a mixed -use commercial development is being considered at the Los Gatos Motor
Inn located at 55 Los Gatos Saratoga Road. Based on the information provided by Town staff, the
proposed project consists of the 50 -unit motel, 8,826 square feet of medical office (a dialysis
center), and a 2,300 square foot, sit -down, high quality restaurant. The purpose of this Parking
Study is to estimate the expected parking demand using field survey data, Parking Generation data
published by the Institute of Transportation Engineers (ITE), and the Shored Parking Analysis
publication by Urban Land Institute (ULI). Our understanding is that the results of this study will be
used to determine appropriate parking requirements for the development. An aerial photo below
shows the location of the project site.
EXHIBIT 7
April 23 PC Report
Ms. Trang TuNguyen
TJKM July 8, 2013
Transportation page 2
Consultants
Survey Locations
Based on the input provided by the Town staff and the project applicant, TJKM conducted parking
occupancy surveys during February and May of 2013 at the following business locations:
Lodging: Los Gatos Motor Inn — 55 Los Gatos Saratoga Road,
Los Gatos, CA
Campbell Inn — 675 East Campbell Avenue, Campbell, CA
Medical Office (Dialysis Center): Satellite Healthcare — 155 N. Wolfe Road, Sunnyvale, CA
Satellite Healthcare — 393 Blossom Hill Road, Suite 110,
San Jose, CA
High - Quality Restaurant: Los Altos Grill — 233 3rd Street, Los Altos, CA
Grill Em Steak House and Sports Bar — 2509 S. Bascom Avenue,
San Jose, CA
TJKM conducted parking occupancy surveys on a typical peak weekday for each land use type
(Thursday or Friday) and on Saturday, during three periods (a.m., midday and p.m. peak periods) on
each day. Raw parking survey data is included in Appendix A of this report.
Survey Periods and Methodology
TJKM conducted parking surveys for each of the businesses on weekdays and weekends for the time
periods described below:
Lodgin¢ — Friday and Saturday:
• Los Gatos Motor Inn: 7 a.m. to 9 a.m., I I a.m. to I p.m. and 4 p.m. to 10 p.m.
• Campbell Inn: 7 a.m. to 9 a.m., I I a.m. to 1 p.m. and 4 p.m. to 10 p.m.
Medical Office (Dialysis Center) — Thursday or Friday, and Saturday
• Sunnyvale Satellite Healthcare: 7 a.m. to 9 a.m., I I a.m. to I p.m. and 4 p.m. to 6:30 p.m.
• San Jose Satellite Healthcare: 8 a.m. to 10 a.m., I I a.m. to I p.m. and 4 p.m. to 9:00 p.m.
Restaurant — Friday and Saturday
• Los Altos Grill. 4 p.m. to 10 p.m.
• Grill 'Em Steak House and Sports Bar: Friday I I a.m. to 1 p.m. and S p.m. to 10 p.m.;
Saturday 9 a.m. to I p.m. and 7 p.m. to 10 p.m.
The purpose of the surveys was to estimate the amount of parking demand generated by each of the
above mentioned business locations. The two lodging establishments, as well as the restaurants,
have their own off- street lots, so the survey summary consists of the vehicles parked at these stand-
alone lots. The dialysis centers share their parking with adjacent businesses, and therefore the
survey required documenting the number of vehicles parked and observations of the vehicle
occupants going into the specific land use.
Survey Results
Table I summarizes the survey results in terms of parking demand per lodging room, per restaurant
seat, or per treatment chair for each of the parking survey locations.
Ms. Trang TuNguyen
TJKM July 8, 2013
Transportation Page 3
Consultants
Table 1: Summary of Parking Rates from Surveys
Notes: Parking Observations for Weekday - Thursday /Friday & Weekend - Saturday
1- Sunnyvale Satellite Healthcare closes at 6 p.m. on Weekdays & Saturday. Stall occupancy and parking demand
rate shown were based on the assumption that they are open till 9 p.m.
Expected Parking Demand
Table II summarizes the results of applying the average rates of the two survey sites for each land
use from the parking survey results. Table III provides a comparison of parking generation rates from
the Institute of Transportation Engineers (ITE) publication Parking Generation, 4b^ Edition and Town of
Los Gatos municipal code requirements to the TJKM parking survey data used in Table If to estimate
the proposed project's parking demand. Because the business operations and locations of the TJKM
survey sites correspond much more closely to the proposed project land uses than the more
generalized land use categories represented in ITE Parking Generation and the Town's code
requirements, the survey rates are appropriate to estimate the project's parking demand as shown in
Table II.
It should be noted that the annual average room occupancy rate at Los Gatos Motor Inn is
approximately 2I % for the last two years (2012 & 201 1) and the occupancy percentage during the
months of data collection was approximately 24 %. Considering the low motel occupancy rates
during the months of data collection, TJKM utilized ITE parking demand manual for lodging land use.
Parked Vehkles
Land
Parking
Survey
Land Use
Use
Stalls
Period
AM Peak -
MD Peak -
PM Peak - 4 to 7 p.m.
Size
7 to 9 a.m.
l l a.m. to 1 P.M.
(7 p.m. to 10 p.m.)
Max.
Parking
Max.
Parking
Max.
Parking
Codeine:
Occupancy
Demand
Occupancy
Demand
Occupancy
Demand
(stalls)
(stalls /
(stalls)
(Halls /
(stalls)
(stalls /
room)
room)
room)
Los Gatos
54
Weekday
12
0.22
11
0.20
19 (22)
0.35 (0.41)
Motor Inn
rooms
1 54
Weekend
10
0.19
12
022
18 (27)
0.33 (0.50)
Campbell
95
Weekday
54
0.57
31
0.33
54 (64)
0.57 (0.67)
Inn
rooms
107
Weekend
41
0.43
26
0.27
56 (63)
0.59 (0.66)
Max.
Demand
Max.
Demand
Max.
Demand
Restaurants:
Occupancy
(Stalls I
Occupancy
(stalls l
Occupancy
(stalls /
(stalls)
seat)
(stalls)
seat)
(Stalls)
seat)
Los Altos
214
Weekday
NA
NA
-
51 (48)
0.24 (0.22)
Grill
seats
51
Weekend
NA
-
NA
-
46(46)
0.21 (0.21)
Grill'Em
105
Weekday
8
0.08
9
0.09
37(29)
0.35 (0.28)
Steakhouse
sears
37
Weekend
14
0.13
12
0.11
33 (27)
0.31 (026)
Max.
Demand
Max.
Demand
Max.
Demand
Dki sis Centers:
Occupancy
(stalls I
Occupancy
(stalls /
Occupancy
(stalls /
(stalls)
chair)
(stalls)
chair)
(stalls)
chair)
Sunnyvale
20
Weekday
34
1.70
32
1.60
27 (271)
1.35 (1.351)
Satellite
chairs
40
Healthcare
Weekend
28
1.40
22
1.10
20 (201)
1.00 (1.001)
San Jose
16
Weekday
30
1.88 1
28
1.75 1
24 (l6)
1.50 (1.00)
Satellite
chairs
30
Healthcare
Weekend
24
1.50
23
1.44 1
24 (IS)
1.50 (0.94)
Notes: Parking Observations for Weekday - Thursday /Friday & Weekend - Saturday
1- Sunnyvale Satellite Healthcare closes at 6 p.m. on Weekdays & Saturday. Stall occupancy and parking demand
rate shown were based on the assumption that they are open till 9 p.m.
Expected Parking Demand
Table II summarizes the results of applying the average rates of the two survey sites for each land
use from the parking survey results. Table III provides a comparison of parking generation rates from
the Institute of Transportation Engineers (ITE) publication Parking Generation, 4b^ Edition and Town of
Los Gatos municipal code requirements to the TJKM parking survey data used in Table If to estimate
the proposed project's parking demand. Because the business operations and locations of the TJKM
survey sites correspond much more closely to the proposed project land uses than the more
generalized land use categories represented in ITE Parking Generation and the Town's code
requirements, the survey rates are appropriate to estimate the project's parking demand as shown in
Table II.
It should be noted that the annual average room occupancy rate at Los Gatos Motor Inn is
approximately 2I % for the last two years (2012 & 201 1) and the occupancy percentage during the
months of data collection was approximately 24 %. Considering the low motel occupancy rates
during the months of data collection, TJKM utilized ITE parking demand manual for lodging land use.
Ms. Trang TuNguyen
TJKM July 8, 2013
Transportation Page 4
Consultants
The parking demand rate used for Lodging (Motel) land use in Table II is based on Institute of
Transportation Engineers (ITE) Parking Generation Manual, 4w Edition rates. As the ITE based
parking demand rate is available only for weekday late p.m. peak, the weekend late p.m. peak parking
demand is extrapolated based on TJKM's own survey for Los Gatos Motor Inn and Campbell Inn
sites. Similarly, the a.m., midday and p.m. peak period parking demand rates are calculated based on
weighted average of TJKM's parking survey rates for both motel survey locations.
Table II: Expected On -Site Project Parking Demand by Time of Day
Land Use
Land
Use
Size
Proposed
Parking
Spaces
Weekday/
Weekend
Peak Parking Demand
AM peak
Midday peak
PM peak
(4 to 7)
Late PM peak
(7 to 10)
Rate
Stalls
Rate
Stalls
Rate
Stalls
Rate
Stalls
Lodging * - rooms
190% Occupancy)
50
(45)
7S
Friday
0.61
27
0.35
16
0.60
27
0.71
32
Saturday
0.58
26
0.37
17
0.69
31
0.87
39
Restaurant (93 1) - per seat
Friday
0.08
7
0.09
8
0.30
28
0.25
24
Restaurant - seats
95
Saturday
0.13
13
0.11
11
0.26
25
0.24
22
Dialysis Center -
chairs
16
Friday
1.79
29
1.68
27
1.43
23
1.18
19
Saturday
1.45
23
1.27
20
1.25
20
0.97
16
Expected Total Shared Parking Demand (stalls)
a.m.
midday
p.m. peak
(4 to 7)
Late p.m. peak
(7 to 9)
Peak Parking Demand
75
Friday
63
51
78
1 75
Saturday
62
48
76
77
Peak Parking Demand (with
15% internal trip discount
for restaurant)
7S
Friday.
62
49
741
711
741
Saturday
60
46
72i
Notes: * - Lodvinv: Parkinp demand rates used
for Lodeine (Martell land use is
based on Institute of
Transportation Engineers (ITE) Parking Generation Manual, 4' Edition rates; TJKM parking surveys
for lodging, restaurant and dialysis center land uses are conducted during February and May of
2013; 1 - Internal trip discount for restaurant parking stalls are applied for the p.m. peak hour conditions
Table III: Comparison of Parking Generation Rates
Notes: ksf - Thousand Square Feet;
•- ITE Parking Generation manual specifies rate in terms of per occupied room for weekday and weekend;
b -The rate specified based on TJKM survey of two motels in the study area (Los Gatos & Campbell);
- The rate specified is number of parking stalls required per ksf of dialysis center survey data by TJKM;
Source: ITE Parking Generation Manual 4w Edition; Town of Los Gatos Municipal Code (2013); TJKM Parking Survey
(February and May of 2013).
Assuming a standard occupancy percentage of 90% for the motel land uses, the project site's
estimated total parking demands on a weekday are 62, 49, 74 and 71 vehicles for 7:00 to 9:00 a.m.,
11:00 a.m. to 1:00 p.m., 4:00 to 7:00 p.m. and 7:00 to 10:00 p.m., respectively. The weekend peak
parking demand for the project site is summarized and shown in the last row of Table 11. With the
ITE Parking Generation
Town of Los Gatos
TJKM Parking Survey
Manual
Municipal Code
(2013)
Land Use (ITE Code)
Average
Average
Peak
Peak
Peak Period
Peak Period
Pang
Requirement
Period
Period
Weekday
Weekend
Weekday
Weekend
Lodging (320) -per room
0.71'
NA
0 per room + 1.0
1.0
0.54 y
0.58 1,
employee
Restaurant (93 1) - per seat
0.49
0.46
0.33 per seat
0.30
0.26
Medical- Office (720) - per ksf
3.20
NA
4.0 per ksf
161 c
2.27'
Notes: ksf - Thousand Square Feet;
•- ITE Parking Generation manual specifies rate in terms of per occupied room for weekday and weekend;
b -The rate specified based on TJKM survey of two motels in the study area (Los Gatos & Campbell);
- The rate specified is number of parking stalls required per ksf of dialysis center survey data by TJKM;
Source: ITE Parking Generation Manual 4w Edition; Town of Los Gatos Municipal Code (2013); TJKM Parking Survey
(February and May of 2013).
Assuming a standard occupancy percentage of 90% for the motel land uses, the project site's
estimated total parking demands on a weekday are 62, 49, 74 and 71 vehicles for 7:00 to 9:00 a.m.,
11:00 a.m. to 1:00 p.m., 4:00 to 7:00 p.m. and 7:00 to 10:00 p.m., respectively. The weekend peak
parking demand for the project site is summarized and shown in the last row of Table 11. With the
TJKM
Transportation
Consultants
i
Ms. Trang TuNguyen
July 8, 2013
Page 5
project sponsor proposing 75 stalls, there is expected to be adequate off - street parking throughout
the day. However it should be noted that, if the motel occupancy reaches hundred percent
occupancy, then the peak estimated demand is expected at 78 vehicle stalls, i.e., a shortage of three
stalls. It is recommended that the Town, as a condition of approval, should conduct periodic
monitoring of peak parking demand at the project site.
Conclusions
The proposed mixed -use project benefits from the "shared parking" concept, in which peak parking
demand for different land uses occurs at different times as described in the Shared Parking analysis
manual published by Urban Land Institute (ULI). For example, the parking demand for lodging
decreases significantly during the midday, while restaurant parking demand peaks during the midday
and the p.m. peak periods. Based on ULI parking data, it is also reasonable to assume an internal
parking discount of approximately 15% for the restaurant parking requirement at a mixed -use site.
This discount is attributed to the drivers who are already parked on -site for the other land uses such
as the motel and would visit the restaurant by walking at the project site. Assuming that the
proposed restaurant at the project site has parking generation characteristics similar to Los Altos
Grill, the total parking demand at the project site during the early and late evening is expected to be
70 stalls with the application of internal parking discount.
The weekday peak total parking demand for the proposed project is expected to be at
approximately 6:30 p.m., when the peak demand of restaurant patrons occurs and the dialysis center
visitors have not yet departed the site. TJKM surveys of the two inns in the South Bay indicates that
the highest parking occupancy (0.67 stalls per room) occurred during the late evening at Campbell
Inn, while the parking demand at the Los Gatos Motor Inn never exceeded 0.50 stalls per room (low
motel occupancy). The recommended parking demand estimate is based on an average rate of each
land use type as presented in Table Il. Thus, the total peak parking demand estimate for the project
site during either a weekday or a weekend is approximately 74 stalls as described in this letter
report.
Thank you for the opportunity to provide this analysis. Please contact me with your comments
and /or questions.
Very truly yours,
Vishnu Gandluru
Transportation Engineer
C:\ Users\t tunguyenWppi) mallocaAMicroso (t \Windows\Temporary Internet Files1Content0utlook \GPB3XSBCLL 070813.dou
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