Appeal of Conditional Use Permit for 33 E. Main StMEETING DATE: 4/21/14
ITEM NO:
cos cAjus COUNCIL AGENDA REPORT
DATE: APRIL 15, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -024 PROPERTY
LOCATION: 33 E. MAIN STREET. PROPERTY OWNER: EAST MAIN
INVESTMENT LLC. APPLICANT /APPELLANT SHAWN LUCCCA
PROJECT PLANNER: MARNI MOSELEY.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING APRROVAL OF A REQUEST TO OPPERATE A YOGURT SHOP
(YOGURT IN LOVE) ON PROPERTY ZONED C- 2:LHP. APN: 529 -28 -036.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Town Council adopt a
Resolution (Attachment 5) to deny the appeal and uphold the decision of the Planning
Commission denying the subject application (motion required).
ALTERNATIVES:
Alternatively, the Council may:
1. Adopt a resolution granting the appeal (Attachment 6), make the required findings
(Attachment 4) and approve the Conditional Use Permit subject to the Conditions in
Attachment 7 (motion required); or
2. Continue the project to a date certain with specific direction (motion required)
For Alternative 1 above, the Council must determine that the Planning Commission's decision
should be reversed or modified and one or more of the following findings must be made:
a. Where there was error or abuse of discretion on the part of the Planning Commission; or
b. The new information that was submitted to the Council during the appeal process was not
readily and reasonably available for submission to the Commission; or
PREPARED BY: SANDY L. BAILY, fJZ)
Director of Community Development
�A f
Reviewed by: Assistant Town Manager ?�� own Attorney Finance
N:\DEV \TC REPORTS\2014 \33 E. Main- appeal.doe Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 33 E. Main St/U -13 -024
April 15, 2014
C. An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in Subsection (b) above, it is the Town's policy
that the application be returned to the Commission for review in light of the new
information unless the new information has a minimal effect on the application.
BACKGROUND:
On February 26, 2014, the Planning Commission considered a Conditional Use Permit (CUP)
application to operate a self -serve yogurt shop at 33 E. Main Street. The tenant suite has been
occupied by several retail and specialty retail uses, the last being Fromage specializing in cheese
and deli items. The space, prior to the earthquake, was occupied by Dolce Spazio who relocated
to their current location on N. Santa Cruz Avenue after the E. Main Street building was damaged
in the earthquake. The Planning Commission denied the application based on Ordinance 2021.
DISCUSSION:
A. Proiect Summary
The applicant is requesting approval to operate a self -serve yogurt shop with indoor seating.
Town Policy considers this to be a restaurant, since the business includes seating and does not
offer only pre - packaged food items. A CUP is required for operation of the proposed business.
The applicant is proposing to operate from 10 a.m. to 10 p.m. daily with the exception of Fridays
when they are proposing to remain open until I 1 p.m.
B. Planning Commission
On February 26, 2014, the Planning Commission considered the application (Attachment 2).
The Commission discussed the merit of the application, but was unable to make the required
findings to approve the CUP based on language within Ordinance 2021 discouraging the loss of
retail spaces in the C- 2:LHP. The Commission denied the application (5 -0, two members
recused).
C. Anneal
An appeal of the Planning Commission decision was received on March 7, 2014 (Attachment 3).
The basis of the appeal is that the Planning Commission did not have the discretion to deviate
from Ordinance 2021 and approve the requested application. The applicant provides further
justification for the appeal in Attachment 8.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 33 E. Main St/U -13 -024
April 15, 2014
STAFF REMARKS:
The Planning Commission denied the application based on language within Ordinance 2021
regarding conversion of retail spaces in the C -2:LHP to a restaurant use.
While the application would be displacing a potential retail user, the space was previously
occupied by a similar use, and the proposed improvements would not restrict a retail user from
easily occupying the space in the future (Attachment 8). As always, the Council should consider
carefully the potential impact of the conversion of this space in the downtown.
When reviewing a Conditional Use Permit (CUP), the deciding and recommending bodies
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.
In addition, if the Council finds merit with the application, the Council could amend Condition
#3 (new wording is bolded) to limit the use as provided below and could also consider including
the following review condition if necessary:
APPROVED USE: The approved use is for a yogurt/dessert shop without commercial cooking
facilities or equipment.
REVIEW: The Planning Commission shall review the CUP one year from occupancy to
determine if conditions need to be added or modified to reduce potential impacts.
CONCLUSION:
Given the circumstances of this application as discussed above, staff recommends the Town
Council uphold the decision of the Planning Commission and deny the appeal.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt according to Section 15061 of CEQA as adopted by the
Town, which exempts permitting an activity where it can be seen with certainty that there is no
possibility that the activity may have a significant effect on the environment. No significant
effect on the environment will occur since the project uses an existing structure with no increase
in floor area.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 33 E. Main SVU -13 -024
April 15, 2014
FISCAL IMPACT:
None.
Attachments:
Attachments provided to Council on March 28, 2014:
1. February 26, 2014 Report to the Planning Commission (with Exhibits 1— 5)
2. February 26, 2014 Planning Commission meeting verbatim minutes (23 transcribed pages)
3. Appeal Statement, received March 7, 2014 (one page)
Attachments with this staff report:
4. Required Findings
5. Draft resolution denying the appeal and denying the Conditional Use Permit
6. Draft resolution granting the appeal and approving the Conditional Use Permit (includes
Exhibit A)
7. Recommended Conditions of Approval
8. Applicant's letter of justification for appeal (one page)
9. Public Comments received through 12:00 p.m. Thursday, April 17, 2014
Distribution:
cc: Shawn Lucca, 515 N. Santa Cruz Avenue #C, Los Gatos CA 95030
East Main Investments LLC, 43 E. Main Street Suite B, Los Gatos CA 95030
SLB:MM:ct
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: February 26, 2014
PREPARED BY: Marni F. Moseley, Associate Planner
mmoseley(&Ios atQ osca.gov
APPLICATION NO: Conditional Use Permit U -13 -024
ITEM NO: 3
LOCATION: 33 E. Main Street (Located on the north side of E. Mains Street east
of Highway 17)
APPLICANT: Shawn Lucca
PROPERTY OWNER. East Main Investment LLC
CONTACT PERSON: Shawn Lucca
APPLICATION
SUMMARY: Requesting approval to operate a restaurant a yogurt shop (Yogurt in
Love) on property zoned C- 2:LHP. APN: 529 -28 -036
DEEMED COMPLETE: January 16, 2014
FINAL DATE TO TAKE ACTION: July 16, 2014
RECOMMENDATION: Denial
PROJECT DATA:
CEQA:
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Surrounding Area:
Central Business District
C- 2:LHP, Central Business District,
Landmark Historic Preservation
Overlay
None
12,197 Sq. Ft.
Categorically Exempt pursuant to Section 15061 of the State
Environmental Guidelines as adopted by the Town.
ATTACHMENT I
isting Land Used General Plan
Zoningk/Museum
- - - - --
High Density Residential
RM- 12:20:
F;Park/Museum
LHP:PD
mercial
Central Business District
C -2
merCentral
._.... -... - -
Burin
Business District
C -2:
C -2:LHP
mercial
Central Business District
C -2
Categorically Exempt pursuant to Section 15061 of the State
Environmental Guidelines as adopted by the Town.
ATTACHMENT I
Planning Commission Staff Report - Page 2
33 E. Main Street/ U -13 -024
February 26, 2014
FINDINGS: ■ As required by Section 15061 of the State Environmental Guidelines
as adopted by the Town that this project is Categorically Exempt.
• As required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit.
• The project is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project area.
ACTION: The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS: 1. Location Map
2. Required Findings (one page)
3. Draft Conditions of Approval (one page)
4. Letter of Justification (two pages), received January 16, 2014
5. Development plans (one page) received December 13, 1013
BACKGROUND:
The subject site is located on the north side of E. Main Street approximately 250 feet east of
Highway 17. The tenant suite has been occupied by several retail and specialty retail uses, the
last being Fromage specializing in cheese and deli items. The space, prior to the earthquake, was
occupied by Dolce Spazio who relocated to their current location on N. Santa Cruz Avenue after
the E. Main Street building was damaged in the earthquake.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval to operate a self -serve yogurt shop with indoor
seating. Town Policy considers this to be a restaurant, since the business includes seating
and does not offer only pre - packaged food items. A CUP is required for operation. The
applicant is proposing to operate from 10 a.m. to 10 p.m. daily with the exception of
Fridays when they are proposing to remain open until I 1 p.m.
B. Location and Surrounding Nei> hborhood
The site is located on the north side of E. Main Street approximately 250 feet east of
Highway 17. The property is surrounded by commercial properties to the south, east and
west, and the Forbes Mill Museum and parking lot to the north.
C. Zoning Compliance
The designated zoning for the property is C -2:LHP Central Business District with an
Historic Overlay. The C -2 zone allows restaurant uses subject to the approval of a CUP.
Planning Commission Staff Report - Page 3
33 E. Main Street/ U -13 -024
February 26, 2014
ANALYSIS:
A. Restaurant Use in the Downtown Area
In 1996, the Town Council adopted Ordinance 2021 that "intended to discourage the
displacement of retail uses by restaurant uses by requiring the Planning Commission to
conduct a careful review of all applications for new restaurant uses in the C -2 Zone through
the public hearing process."
While the application would be displacing a potential retail user, the space was previously
occupied by a similar use, and the proposed improvements would not restrict a retail user
from easily occupying the space in the future. The Commission should consider carefully
the potential impact of the conversion of this space in the downtown.
B. Traffic
The previous use and the proposed use are categorized as specialty retail by the Institute of
Traffic Engineers (ITE), therefore there are no traffic impacts associated with the proposed
application.
C. Parking
The tenant suite has a gross leasable area of 1,092 sq. ft., which would permit a maximum
of 14 seats. The applicant's plan currently shows only 12 seats because they miscalculated
the parking for the tenant space, but the CUP would permit up to 14.
D. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are
not limited to:
• 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 shopping needs of residents and to preserve the small -
town atmosphere.
• Policy LU -9.3 - Encourage a mix of retail and office uses in commercial areas, except
in the Central Business District designation, where retail should be emphasized and
office should be limited to upper floors and other areas as defined by the Town Code.
• Goal LU -10 - To preserve Downtown Los Gatos as the historic center of the Town with
goods and services for local residents while maintaining the existing Town identity,
environment and commercial vitality.
• Policy CD -10.2 — Encourage outdoor seating for restaurants /coffee shops when the
historic character and quality of the Downtown and adjacent neighborhoods can be
maintained.
Planning Commission Staff Report - Page 4
33 E. Main Street/ U -13 -024
February 26, 2014
E. Environmental Review
The project is Categorically Exempt according to Section 15061 of CEQA as adopted by
the Town, which exempts permitting an activity where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the environment.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
F. 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.
G. CUP Findings
In order to grant approval of a Conditional Use Permit, the hearing body must make the
following findings:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(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.
The proposed use is desirable to the public convenience and welfare in that it provides a
use that is not currently available in the immediate vicinity, but may not be desirable in that
it displaces a potential retail use. The proposed use could impair the integrity of the zone in
that the C -2 (Central Business District) zone should emphasize retail uses. The proposed
use will not impact public health, safety or general welfare. The use may not comply with
the objectives of the General Plan and Town Code as discussed within this report.
If the Planning Commission finds merit with the proposal and chooses to chooses to
approve the application, the required findings would have to be made to support the
application.
H. Public Comments
At this time, the Town has not received any public comment.
Planning Commission Staff Report - Page 5
33 E. Main Street/ U -13 -024
February 26, 2014
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed application complies with Town Code, and does not have an impact on
parking, traffic, or have late night hours. It would introduce a use that does not currently
exist in the vicinity. But according to the adopted Ordinance by the Town Council, the
proposed use would displace a potential retail tenant and its impact on the downtown
should be strongly considered.
B. Recommendation
Staff recommends denial of the project because it conflicts with Ordinance 2021. If the
deciding body concurs with staff s recommendation, it should deny the application.
If the deciding body finds merit with the proposed project and that it is in compliance with
Ordinance 2021, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15061 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); 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 2); and
3. Make the required finding as required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets the uses set forth in the
Town's General Plan (Exhibit 2); and
5. Approve Conditional Use Permit application U -13 -024 subject to the conditions
contained in Exhibit 3.
It should be noted that the Commission must expand the findings noted in Exhibit 2 if the
Commission approves the application.
Alternatively, the Commission can approve the application with additional and/or modified
conditions of approval.
Prepared by:
Mari F. Moseley, AICP
Associate Planner
" 1Ml
pproved by:
Sandy L. Baily
Director of Community Development
cc: Shawn Lucca, 515 N. Santa Cruz Avenue #C, Los Gatos CA 95030
East Main Investments LLC, 43 E. Main Street Suite B, Los Gatos CA 95030
N:\DEV\PC REPORTS @014\33 E. Main.doc
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33 E. lain Street
EXHIBIT
®fAttachment
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REQUIRED FINDINGS FOR:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15061 of CEQA as adopted by the
Town, which exempts permitting an activity where it can be seen with certainty that there is
no possibility that the activity may have a significant effect on the environment. No
significant effect on the environment will occur since the project uses an existing structure
with no increase in floor area.
Required findings for a Conditional Use Permit:
® As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(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.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
e That 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
commercial and the proposed use falls under general commercial uses.
NADEVONDINGS\2014\33 E. Maiadocz
EXHIBIT 2
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DRAFT CONDITIONS OF APPROVAL:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
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, in substantial compliance with the approved plans. Any changes or
modifications made to the approved plans shall be approved by the Director of Community
Development, the Development Review Committee, the Planning Commission, or the Town
Council depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. APPROVED USE: The approved use is for a yogurt/dessert shop.
4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a
resolution in the future which regulates formula restaurants, this CUP shall be subject to
that ordinance or resolution.
5. SEATS: The maximum number of seats shall not exceed 14.
6. HOURS OF OPERATION: Maximum hours of operation 10 a.m. to 10 p.m. Saturday
thru Thursday and 10 a.m. to 11 p.m. on Fridays.
7. ENTERTAINMENT: Live entertainment is not allowed.
8. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
10. 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.
11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
12. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the
hours of 7 AM to 10 AM.
13. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencement of
use and/or issuance of building permits.
14. 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.
N:\DEV \C0NDITNS\2014\33 E. Main.docx EXHIBIT 3
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Letter Of Justification, updated 01/08/2014
ll:G:1i 21
721Z,
R)WN OF LOSS GATOE
33 E Main St. Los Gatos CA 95030 PLANNING Di A+ i "ICN'
Lucca & Son, DBA Yogurt In Love submit the justification for a new restaurant serving healthy
frozen desserts at 33 E Main St Los Gatos Ca.
The previous tenant was retail serving/selling specialized cheese and deli items. The
prior retail businesses have not survived in this location for the last 13 years. In 1980, before the
Loma Prieta earthquake in 1989, Doice Spazio manufactured and served Italian ice cream and
coffee at this location. Because of the demand they moved the manufacturing to Campbell and
because of damage to the building they were forced to move to their current location in Los
Gatos. As the building is currently housed by 3 restaurants, Country Kitchen, Billy's Chowder
House and Spinalos, Yogurt in Love would be the last space in this building for the same use.
This will bring continuity to the building and neighborhood and preserving the history of the
businesses in that location. Yogurt in Love will fill a need for a healthy, low cost family
restaurant that will support other businesses in the neighborhood. Currently the only business
on that side of Hwy 17 to serve frozen desserts is the 7 eleven on Main St across from the High
School. Yogurt in Love feels that bringing a healthy alternative for the high school students will
also be a great benefit to them. This business type is not in conflict with any other restaurant
providers in the neighborhood. As a matter of fact, Yogurt in Love is a supportive business
bringing more foot traffic to the businesses in the neighborhood while serving a product the
surrounding restaurants do not provide. Yogurt in Love will be keeping the historic feel of the
space with minimal changes to the structure, refinishing of the current brick walls and
hardwood floors with a wall to house the yogurt machines for the public. The hours of operation
will be similar to the other restaurants in the neighborhood and mostly a to go business. This
will be a family owned and family run establishment with Patricia Lucca, Kayla Lucca providing
the day to day management and 1, Shawn Lucca providing the supporting management of the
overall business. With 2 churches, 2 hotels, 6+ restaurants, Los Gatos High and the Los Gatos
- - -hiking trail - nearby, wefeel that our healthy, family friendly-restaurant will be a great supporter
of the town of Los Gatos, its businesses and its residents.
EXHIBIT 4
®fAttaclhment I
Seating and Parking allowances
Actual square feet of the location is 968 Sqft
Leasable square feet per the lease agreement is 1092 Sqft
Parking Spots allowable, l per 300 sqft.
Seats allowable, 4 per Parking Spot
1092/300 = 3.64 Parking Spaces (3 Actual Spaces)
3 Parking Spaces x 4 Seats =12 Total Allowable Seats in this location.
Regards
Shawn R Lucca
Yogurt In Love.
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FILING FEES
$343,00 Residential
S1,376-00 per Commercial, Multi-
family or Tentative ,Map Appeal
Town of L'-'Gatos
Office of the Town Clerk
110 E. Main St., Los Gatos CA 95030
1, the undersigned, do hereby appeal a decision of the Planning Commission as
follows: (PLEASE TYPE OR PRINT NEATLY) L 14
DATE OF PLANNING COMMISSION DECISION: �it;, Lj . z—(.G ZiJ t4 VA � I ta .0 ?L<'
PROJECT/ APPLICATION NO: �7 j —? j — ( j {f l o 0cr;t,
ADDRESS LOCH "I "ION: - -- L* £�
Pursuant to the Town Code, the'rown Council may only grant an appeal of a Planning Commission decision in most matters if the
Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exists in the appeal:
The Planning Commission erred or abused its discretion because
OR
There is new information that was not reasonably available at the time of the Planning Commission decision, which is
(please attach the new information if possible): OR
3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town
Council:_ t [)12 1 Z \
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
I. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing.
2. Appeal must be filed within ten (I0) calendar days of Planning Commission Decision accompanied by the required filing tee.
Deadline is 5:00 p.m. on the 10't' day following the decision.. if the le day is a Saturday, Sunday, or Town holiday, then it
may be filed on the workday immediately following the 10 °i day, usually a Monday.
3. The Town Clerk will set the hearing within 56 days ofthe date ofthe Planning Commission Decision (Town Ordinance No.
196')
d. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application iltusually be P turned to the Planning
Commission f reconsideration 1� a
PRIN'l NAME: SIGNATURE: C� .W
DATE: ADDRESS.
PHONE: l - C
J 'A ' I
t
„_t4-., *x QFFICIAL USE ONLY * **
DATE OF PUBLIC BEARING: Ck �i ;_I__ $ <�_Cy. IA r2I CONFIRMATION LETTER SENT: Date:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY:
E TO SEND PUBLICATION: DATE OF PUBLICATION:
ATTACHMENT 3
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REQUIRED FINDINGS FOR:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15061 of CEQA as adopted by the
Town, which exempts permitting an activity where it can be seen with certainty that there is
no possibility that the activity may have a significant effect on the environment. No
significant effect on the environment will occur since the project uses an existing structure
with no increase in floor area.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or
welfare; and
(2) The proposed use will not impair the integrity and character of the zone; and
(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.
Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
■ That 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
commercial and the proposed use falls under general commercial uses.
N: \DEV \FINDINGS\2014\33 E. Main.dmx
ATTACHMENT 4
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
TO DENY A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A YOGURT
SHOP (YOGURT IN LOVE) ON PROPERTY ZONED C -2:LHP
APN: 529 -02 -044
CONDITIONAL USE PERMIT APPLICATION: U -13 -024
PROPERTY LOCATION: 33 E. MAIN STREET
PROPERTY OWNER: EAST MAIN INVESTMENT LLC
APPLICANT /APPELLANT: SHAWN LUCCA
WHEREAS, this matter came before the Town Council for public hearing on April 21, 2014,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, the applicant filed an appeal of a Planning Commission decision to deny a
request for a Conditional Use Permit to operate a yogurt shop (Yogurt in Love) on property zoned
C- 2:LHP; and
WHEREAS, on February 26, 2014, the Planning Commission considered the request for
approval of a Conditional Use Permit (CUP) to operate a yogurt shop (Yogurt in Love) on property
zoned C- 2:LHP. The Commission denied the application; and
WHEREAS, Town Code requires a CUP for restaurant uses; and
WHEREAS, pursuant to Ordinance 2021, the proposed use would constitute a conversion of
retail space to a restaurant use, which is strongly discouraged; and
WHEREAS, pursuant to Town Code Section 29.10.190(a), the hearing body may grant a
CUP if the proposed use of the property is essential or desirable to the public convenience or welfare;
will not impair the integrity and character of the zone; would not be detrimental to public health, safety
or general welfare; and is in harmony with the various elements or objectives of the General Plan and
the purposes of the Town Code; and
ATTACHMENT 5
WHEREAS, Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council agenda for April 21, 2014, along with any and all subsequent
reports and materials prepared concerning this application; and
WHEREAS, Council finds as follows:
1. The Planning Commission had the discretion to address the CUP application
request and did not err in its decision.
2. The proposed use of the property is not essential or desirable to the public
convenience or welfare; and will impair the integrity and character of the zone; would be detrimental
to public health, safety or general welfare; and is not in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code. These findings are based on the
evidence presented in the Council agenda for April 21, 2014, regarding this application.
NOW, THEREFORE, BE IT RESOLVED THAT the appeal of a Planning Commission
decision for CUP application U -13 -024 is denied.
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, that the
decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6
as adopted by section 1. 10.085 of the Town Code of the Town of Los Gatos. Any application for
judicial relief from this decision must be sought within the time limits and pursuant to the procedures
established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and
Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21 st day of April 2014, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \DEV\P,ES0S\2014\Dmy_33 E. MAIN (APPEAL).docx
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A YOGURT SHOP
(YOGURT IN LOVE) ON PROPERTY ZONED C -2:LHP
APN: 529 -02 -044
CONDITIONAL USE PERMIT APPLICATION: U -13 -024
PROPERTY LOCATION: 33 E. MAIN STREET
PROPERTY OWNER: EAST MAIN INVESTMENT LLC
APPLICANT /APPELLANT: SHAWN LUCCA
WHEREAS, this matter came before the Town Council for public hearing on April 21, 2014,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, the applicant filed an appeal of a Planning Commission decision denying a
request for a Conditional Use Permit to operate a yogurt shop (Yogurt in Love) on property zoned
C- 2:LHP; and
WHEREAS, on February 26, 2014, the Planning Commission considered the request for
approval of a Conditional Use Permit (CUP) to operate a yogurt shop (Yogurt in Love) on property
zoned C- 2:LHP. The Commission denied the application; and
WHEREAS, Town Code requires a CUP for restaurant uses; and
WHEREAS, pursuant to Ordinance 2021, the proposed use would constitute a conversion of
retail space to a restaurant use, which is strongly discouraged; and
WHEREAS, pursuant to Town Code Section 29.10.190(a), the hearing body may grant a
CUP if the proposed use of the property is essential or desirable to the public convenience or welfare;
will not impair the integrity and character of the zone; would not be detrimental to public health, safety
or general welfare; and is in harmony with the various elements or objectives of the General Plan and
the purposes of the Town Code; and
ATTACHMENT 6
WHEREAS, Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council agenda for April 21, 2014, along with any and all subsequent
reports and materials prepared concerning this application; and
WHEREAS, Council has determined that the decision of the Planning Commission was
based on Ordinance 2021 which strongly discourages retail conversion to restaurant and that
decision was not at the discretion of the Planning Commission to approve.
WHEREAS, Council incorporates the findings for approval attached as Attachment 4 to the
Council Agenda Report for April 21, 2014.
NOW, THEREFORE, BE IT RESOLVED THAT the CUP application U -13 -024 for
approval of the CUP is granted.
BE IT FURTHER RESOLVED THAT the Conditions of Approval attached hereto as Exhibit
A are hereby adopted as the Conditions of Approval for this permit.
NOW, THEREFORE, IT IS HEREBY RESOLVED, the decision constitutes a final
administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section
1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this
decision must be sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21" day of April 2014, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \DEV\RESOS\2014 \Approve 33 E. Main (APPEAL).docx
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DRAFT CONDITIONS OF APPROVAL:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
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, in substantial compliance with the approved plans. Any changes or
modifications made to the approved plans shall be approved by the Director of Community
Development, the Development Review Committee, the Planning Commission, or the Town
Council depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. APPROVED USE: The approved use is for a yogurt/dessert shop.
4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a
resolution in the future which regulates formula restaurants, this CUP shall be subject to
that ordinance or resolution.
5. SEATS: The maximum number of seats shall not exceed 14.
6. HOURS OF OPERATION: Maximum hours of operation 10 a.m. to 10 p.m., Saturday
through Thursday; and 10 a.m. to 11 p.m. on Fridays.
7. ENTERTAINMENT: Live entertainment is not allowed.
8. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
10. 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.
11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
12. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the
hours of 7 AM to 10 AM.
13. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencement of
use and/or issuance of building permits.
14. 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.
NADEV \C0NDITNS\20I4\33 E. Main.docx EXHIBIT A
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DRAFT CONDITIONS OF APPROVAL:
33 E. Main Street
Conditional Use Permit Application U -13 -024
Requesting approval to operate a yogurt shop (Yogurt in Love) on property zoned C-
2:LHP. APN 529 -28 -036.
PROPERTY OWNER: East Main Investment, LLC
APPLICANT: Shawn Lucca
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, in substantial compliance with the approved plans. Any changes or
modifications made to the approved plans shall be approved by the Director of Community
Development, the Development Review Committee, the Planning Commission, or the Town
Council depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. APPROVED USE: The approved use is for a yogurt/dessert shop.
4. FORMULA RESTAURANT RESTRICTION: If the Town adopts an ordinance or a
resolution in the future which regulates formula restaurants, this CUP shall be subject to
that ordinance or resolution.
5. SEATS: The maximum number of seats shall not exceed 14.
6. HOURS OF OPERATION: Maximum hours of operation 10 a.m. to 10 p.m., Saturday
through Thursday; and 10 a.m. to 11 p.m. on Fridays.
7. ENTERTAINMENT: Live entertainment is not allowed.
8. TAKE -OUT CONTAINERS: Any take -out food shall be served in recyclable containers.
9. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
10. 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.
11. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
12. DELIVERIES: Deliveries shall occur at the rear of the building and be limited to the
hours of 7 AM to 10 AM.
13, ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the
County of Santa Clara Department of Environmental Health prior to commencement of
use and/or issuance of building permits.
14. 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.
NADEV \C0NDITNS\2014 \33 E. Main.docx ATTA N, 7
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Marni,
Here are our points of argument.
Yogurt in Love is not a true restaurant. We do not serve any food, we do not prepare any food and
everything in our store is self- serve. We are not an ice cream shop, we do not have any workers that will
prepare any food for the customers behind a counter. Our yogurt and toppings are prepackaged and
made locally. We feel we are a specialty retail establishment like Powell's Sweets. They have open
candies that you buy in bulk and the customer fills their bag to the size /weight amount they want. This is
exactly how Yogurt in Love will deliver its product, grab a cup and fill it up and put it on the scale.
Recent history of 33 E Main St has had it vacant for over 2 years. The last tennet was a specialty retail
cheese deli. Formage sold prepacked items as well as cheese by the weight. They often prepared their
products to fit a customer's needs or wants and they lasted just over 6 months. Previous to Formage, it
was a photography studio that used the space for about 2 years. Other history is vague until you go back
to 1980 -1989. Dolce Spazio used to be in this space 1980 -1989 manufacturing and serving its coffee and
gelato. Business was so good they had to move its manufacturing to Campbell CA because of limited
space and town ordinances that restricted their expansion in this space. The business thrived for over 9
years in this location and it was only because of the Loma Prieta earthquake did Dolce Spazio have to
move. The Beckwith building was heavily damaged and it forced Dolce Spazio to move elsewhere in
town.
Converting from a specialty retail /restaurant back to retail would be very simple if the need we ever to
arise. Because of our business model, there is very little construction that needs to be completed. There
are no fire hoods and grills that need to be in place. A simple wall that is not load bearing will house the
yogurt machines. The wall would be 8 feet high will not be built to the ceiling height of 14 feet. The
machines are all self- contained and do not require anything other than electricity to run. All equipment
is on caster wheels for ease of movement in and out of the location enabling conversion back to retail
simply.
We are offering a family owned and operated business that will be a supportive business to the town
and its people. A family place where kids are welcome, where hikers from the trail can stop and have a
healthy snack. We will be a business that is involved in the town and be a big booster to the Wildcats as
we give the high schools kids a place to go after the games.
Regards
maws. ,('. "
ATTACHMENT 8
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f
From: noreplV @clyicplus.com [mailto:noreplVl7a ciyicplus.comi
Sent: Thursday, April 03, 2014 7:25 AM
To: Town Manager; Christina Gilmore
Subject: Online Form Submittal: Customer Feedback Form
The following form was submitted via your website: Customer Feedback Form
Name:: Linda Daane
Address:: 156 Highland Ave
City:: LG
State:: ca
Zip:: 95030
Home Phone Number:: 408 - 354 -1201
Daytime Phone Number::
Email Address:: ildaane @comcast.net
Please let us know how we are doing or what we can do for you!: I am writing to vote for the new yogurt
shop in town on Main St. I think it would be a great addition to our town. My children and I would love
it. I'm also glad that is family run. I think Los Gatos should incourage this type of business.
Sincerely,
Linda Daane
cF
RECEIVED
From: Christina Enneking [mailto:cennekina @me.com)
Sent: Friday, April 04, 2014 8:42 AM APR 0 4 2014
To: Council TOWN OF LOS GATOS
Subject: Please support Yogurt in Love PLANNING DIVISION
I was jogging by where Yogurt in Love is planned to go in downtown Los Gatos and could hardly believe
that there permit was being denied /delayed. This is a fantastic business addition to our town,
particularly in that part of town so close to the library, and owned by two kind - hearted and well -
meaning women. Please support the go -ahead with this business in town, per schedule. We all could
use a little extra love :)
Kindly,
Christina Enneking
Town Resident, Small Business Owner and Consultant within the Silicon Valley
RECEIVED
From: Stephanie Radke [mailto:radkehome@icloud.com) APR 072014
Sent: Sunday, April 06, 2014 2:30 PM
To: Council TOWN OF LOS GATOS
Subject: Yogurt in love
PLANNING DIVISION
Hello,
I support the new business Yogurt in Love in their drive to open at 33 E. Main St. Please grant them a
license and allow them to move into the space. This town does not need yet another nail salon, hair
salon, or upscale women's clothing boutique!
Thanks,
Stephanie Raney Radke
90 Cleland Ave.
Los Gatos, CA 95030
(408) 354 -0210
RECEIVED
From: Shirley Maxwell [mailto:shirlmax @verizon.netj APR 0 7 2014
Sent: Monday, April 07, 2014 6:50 AM
To: Council TOWN LOS GATOS
PLANNING DIVISION
Subject: Yogurt Shop
I'm having a hard time figuring out why the town of Los Gatos is against a Yogurt Shop being opened on
Main Street. Its the perfect spot for several events in Los Gatos, plus high school kids just might have a
frozen yogurt instead of the unhealthy foods being sold at 7 -11 across the street from the high school. If
Los Gatos can have a gun shop, we certainly could have a second yogurt shop instead of another retail
store.
Thank you for listening.
Shirley Maxwell
From: Dolores Ridgely [mailto:mdridee505@gmail.com]
Sent: Tuesday, April 08, 2014 9:29 AM
To: Council
Subject: Yogurt shop
Yes, A yogurt shop would be an excellent fit on main street. It would fit in perfectly along the restaurant
Row. I hope you can approve it.
Sent from my iPad. Dolores Ridgely, High St. Los Gatos.
RECEIVED
APR 08 2014
TOWN OF LOS GATOS
PLANNING DIVISION
f�
RECEIVED
From: mitsuNdkomcast.net [mailto:mitsuNcDcomcast.net] APR 14 2014
Sent: Saturday, April 12, 2014 7:50 PM
To: Council TOWN LOS �..
PLANNING G CIVI SO'+
Subject: yogurt shop
We support the yogurt shop that wants to locate on East Main St. - it would be a nice addition to that
section of businesses. - Evelyn & Iry Mitsunaga
From: Laura Czinski [mailto:lczinskiPmac.comj APR 16 2014
Sent: Tuesday, April 15, 2014 6:22 PM TOWN OF LOS GATOS
To: Council PLANNING DIVISION
Subject: Love Yogurt
The main st site that is a potential tenant for a yogurt shop would be a good addition to our town. I
have lived here for 26 years and have seen a lot of vacancies in store - fronts.
Rather than leaving the old Fromage site empty for numerous years, I think the yogurt shop would be
great for high school students as well as families to walk to for a special treat.
I remember before the earthquake when the Gelato store was near this site. It brought tourists to main
st as well as locals.
I look forward to the opening of the Theater next month and having a yogurt store along the way would
make the walk an event!
Please consider approval,
Laura Czinski
26 Loma Alta Ave
Los Gatos
RECEIVED
From: Kelly D. Conway [mailto:kellv@strikemarketing net APR 16 2014
Sent: Wednesday, April 16, 2014 12:07 PM
To: Council TOWN OF LOS GATOS Subject: Main St. Yogurt shop PLANNING DIVISION
Dear council members,
While walking along Main St. recently I was drawn to the handmade posters placed in
the windows in a building on Main St. that told the story of two people's plan to open a
Yogurt store and the fact that their application had been denied because it was a space
that was deemed by the city to be used for a retail business.
The posters told a story of a seemingly well thought out plan to operate a business and
feels like it could have the potential to be profitable and have some longevity in the site.
That is certainly contrary to the success that small retail operators are experiencing over
the past 15 years I have witnessed by having my business located in downtown. In
nearly every block on Santa Cruz Ave and Main small retailers have gone out of
business for a variety of reason but food and certainly establishments serving alcohol
seem to thrive. As an aside 1 noticed yet another application to serve liquor posted in a
space in the 300 block of Santa Cruz which even though it seems to be a wine oriented
establishment is it really necessary to have another Rootstock...
I'd appreciate the Council granting an exception to the parties who want to open the
yogurt store because they do seem to have a real Love for Yogurt and Los Gatos and it
should fit in nicely to what has become restaurant row on that side of Main St.
Best regards,
Kelly D. Conway
General Manager
Strike Marketina
G ; ..
:11 :: •:
This email is to confirm my support for the two business women who have plans to open
a frozen yogurt shop at 33 E. Main St., in Los Gatos.
I moved to Los Gatos from Tucson, AZ, in 2012, so that I could be closer to my aging
mother, who has lived in Los Gatos since the late 1970s. I did have my favorite self -
serve frozen yogurt shop in my former neighborhood in Tucson, and have missed
having a local self -serve frozen yogurt shop since I moved to Los Gatos. 1 rarely drive
in the downtown area, since it is easier for me to walk there to complete errands for
myself and my mom. I was thrilled to learn that these two business women had plans to
open a yogurt shop along one of my frequently traveled routes.
I do hope that some agreement can be reached so that these women can successfully
open their business. 1 have a strong hunch that their product will be in high demand,
especially as we head into summer. I know that I would be a regular customer, and so
would the rest of my family and any friends who come to visit me.
Thanks your consideration.
Marlena Hood
RECEIVED
From: Marlena Hood [mailto:mrhonherlap@vahoo.com]
Sent: Thursday, April 17, 2014 8:52 AM
APR 17 2014
To: Council
Subject: Would love some frozen yogurt
TOWN OF LOS GATOS
PLANNING DIVISION
Honorable Council
This email is to confirm my support for the two business women who have plans to open
a frozen yogurt shop at 33 E. Main St., in Los Gatos.
I moved to Los Gatos from Tucson, AZ, in 2012, so that I could be closer to my aging
mother, who has lived in Los Gatos since the late 1970s. I did have my favorite self -
serve frozen yogurt shop in my former neighborhood in Tucson, and have missed
having a local self -serve frozen yogurt shop since I moved to Los Gatos. 1 rarely drive
in the downtown area, since it is easier for me to walk there to complete errands for
myself and my mom. I was thrilled to learn that these two business women had plans to
open a yogurt shop along one of my frequently traveled routes.
I do hope that some agreement can be reached so that these women can successfully
open their business. 1 have a strong hunch that their product will be in high demand,
especially as we head into summer. I know that I would be a regular customer, and so
would the rest of my family and any friends who come to visit me.
Thanks your consideration.
Marlena Hood
From: Mike Verga [mailto:mikevergaCcDyahoo.com]
Sent: Wednesday, April 16, 2014 7:31 PM
To: Council
Subject: Let them eat yogurt!!!!
Please allow a yogurt store to go in on Main street!!
It is NOT another place selling alcohol ! I!
Let them sell yogurt so we can
EAT YOGURTI I I!
Sent from my iPhone
RECEIVED
APR 17 2014
TOWN OF LOS GATOS
PLANNING DIVISION