1995-033-Deny A Request To Establish A Restaurant Within An Existing Building, To Have Outdoor Seating, And The Sale Of Beer And Wine In The C-2 ZoneRESOLUTION 1995 - 33
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REPORTING DENIAL OF APPEAL OF PLANNING COMMISSION DECISION TO
DENY A REQUEST TO ESTABLISH A RESTAURANT WITHIN AN EXISTING
BUILDING, TO HAVE OUTDOOR SEATING, AND
THE SALE OF BEER AND WINE IN THE C -2 ZONE;
CONDITIONAL USE PERMIT APPLICATION U -94 -76
(PROPERTY LOCATED: 335 N. SANTA CRUZ AVENUE/
PROPERTY OWNER: DOROTHEA L. WOODS REVOCABLE TRUST/
APPLICANT: PETER COOPERSTEIN)
WHEREAS:
A. This matter came before the Council for public hearing on February 6,
1995, on an appeal by the applicant from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The
Council considered all testimony and materials submitted, including the record of the
Planning Commission proceedings and the packet and documents attached to the
Council Agenda Reports dated January 27 and February 6, 1995, concerning this
application.
C. Town of Los Gatos Town Code § 29.20.300 requires that any decision to
reverse or modify a decision of the Planning Commission requires the vote of at least
three Councilmembers.
D. Councilmembers Attaway and Benjamin were opposed to reversing the
Planning Commission decision for the following reasons:
1. The Town has been concerned about what the community looks like
now and what it will look like tomorrow. That concern has led to the character
and charm of the Town.
2. There has to be balance to avoid a restaurant row. The Town has
seen what has happened to other communities where retail has gone away: while
they are great at night, there are no daytime uses serving residents and the area
has been given up to outsiders.
3. Selection for locations of restaurants has become very important.
There are already 45 places serving food in the Downtown, while Los Gatos
Boulevard needs more restaurants.
4. It is obvious that the proposed site for this application is
questionable, and parking is the key issue. The Town has seen what impact a
restaurant use can have on a neighborhood. Alcohol use can adversely affect the
adjacent neighborhood, which is a sensitive part of Town.
5. In spite of the Traffic Study conclusions, practical experience
demonstrates that people use Almendra as a shortcut and traffic backs up on
Santa Cruz Avenue at 5 p.m. Turning left from Almendra onto Santa Cruz is
often difficult.
6. The Traffic Study prepared by ESA examined the project's effect on
nearby, key intersections of State Highway 9 and Santa Cruz & Main Street. The
Study found that the project would generate approximately 448 more vehicle trips
per day than the office use currently approved, or in other words, a sevenfold
increase over the current use.
7. Under the Town's Traffic Policy (Resolution No. 1991 -174), the
applicant is required to demonstrate that a project that generates more than 5
additional, peak -hour vehicle trips provides benefit under housing, economic, or
General Plan provisions to the Town that outweighs the impact of the increased
traffic. The approving body must make specific findings demonstrating the benefit
of the project.
8. The Traffic Study shows that the peak hour effect of the project
would be minimal on the key intersections. The intersection of Highway 9 and
University Avenue has just recently improved to level of service D. However, the
project is located only a few feet south of the central Santa Cruz Avenue and
Highway 9 intersection. There is a great deal of traffic on North Santa Cruz in
the evening hours, and turning movements from Santa Cruz into this project
would seem to have a strong likelihood of backing traffic up north into the
K
intersection because Santa Cruz is so narrow in this area.
9. In addition, the only immediate on- street parking is on Almendra,
which is llimited to permit parking in the evenings. Almendra was downzoned to
protect its residential character. It would seem that during the day, restaurant
patrons would look to park on Almendra, rather than across Santa Cruz in public
parking. In addition, the parking in the evening might lead to people circling the
residential block looking for parking; in turn, this might lead to requests to
barricade Almendra in some way. The applicant and his experts have not
satisfactorily resolved those questions in this proposal. Because the increase in
vehicle trips over the current use is so immense, the Almendra neighborhood will
undoubtedly suffer.
10. The community benefits alleged are increased sales tax from
restaurant operations rather than office use (although an office use can generate
significant sales tax); bringing another restaurant to the north end of Downtown
(although there are at least 10 existing restaurants within 2 blocks of this
location); and a quality operation for the location. This is not sufficient to offset
the increased traffic of 480 trips per day, complications to the Santa Cruz/Highway
9 intersection and flow on Santa Cruz, and the impact on the residential
neighborhood just 2 doors over.
11. The applicant offered to agree to conditions that would narrowly
limit the use, such as types of cooking facilities and parking for employees off -site.
However, as the Town learned from property - specific alcohol restrictions,
government regulation to create and maintain such a constrained and specific use
is neither equitable nor effective over time, and it is better to approve a more
generic use. In addition, these types of conditions are difficult to enforce.
12. While economic concerns are important, increased sales tax receipts
may just be offset by increased police service and vandalism costs.
13. This application is a close call, and the Council is pleased to see the
creative solutions proposed by the applicant.
3
E. Councilmembers Blanton and Lubeck stated that they were in favor of
reversing the Planning Commission decision for the following reasons:
1. The concerns about restaurant row, parking, and traffic were valid,
particularly in the long run.
2. However, when considering where a restaurant of any size might go
in the Downtown, this seemed to be a perfect location.
3. The on -site parking mitigated parking concerns and this parking
would contribute to the well -being of neighboring uses that would have public
parking freed up.
4. The Town wishes to reduce street -level office uses, and the current
location needs to be removed from office use so that this end of the Downtown
can be revitalized.
5. While the corner of Almendra and Santa Cruz poses a traffic
problem, there are different solutions, such as leaving the driveway on Santa Cruz
or requiring motorists to turn left from a driveway on Almendra.
6. The Commercial Plan and economic development efforts of the
Town support this as being the right kind of use.
7. While it is a delicate balance, this project would benefit the Town,
and the balance can be reached with stiff conditions that specify the use, such as
requiring signage and prohibiting grills and fryers.
F. The Town Council deadlocked on a vote of 2 to 2 on whether to approve
or deny the appeal.
0
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional
Use Permit Application U -94 -76 is therefore denied for failure to gain 3 affirmative
votes as required by the Town Code.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town
of Los Gatos. Any application for judicial relief from this decision must be sought within
the time limits and pursuant to the procedures established by Code of Civil Procedure
section 1094.6, or such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 6th day of March, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: Mayor Patrick O'Laughlin
SIGNED:
MAYOR OF THE T0 4N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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