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Addendum1pW N ,e f �O�`i�zps COUNCIL AGENDA REPORT DATE: APRIL 18, 2014 MEETING DATE: 4/21/14 ITEM NO: 11 ADDENDUM 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. STAFF REMARKS: The attached petition was received after distribution of the staff report (Attachment 10). Also included at a Council Member's request is Ordinance 2021 regarding review of restaurants in the downtown (Attachment 11). 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 received with 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 PREPARED BY: SANDY L. BAILY d C5 Director of Community Development Reviewed by: }-� Assistant Town Manager VA Town Attorney Finance N: \DEV\TC REPORT$\2014\33 E. Main - appeal- add.doex Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 33 E. Main Street/U -13 -024 April 18, 2014 8. Applicant's letter of justification for appeal (one page) 9. Public Comments received through 12:00 p.m. Thursday, April 17, 2014 Received with this addendum 10. Petition of support (twelve pages), received April 18, 2014 11. Ordinance 2021 12. Public comments received between 12:00 p.m. April 17, 2014 and 2:00 p.m. April 18, 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:ah 0 \ w 0 w � F4 \ O .j 4- 0 � O � � / / ±: /� ATIAC�txl iv � \CD Tiot6 JQ/ a \ a) 4-7 3, . @@ § k w \ LU y / % m E _e \ CL / \ / 25 0 ~ cu OL \ \ y Q w � \ \N h%\ L 5 / \ ) a o E $ « \� § ƒ q ± \ x \ >- >. = 2 z k \ < 3 G = / « m cn E 8 ,a 0 /r/ \3 g m 2 \ u J \ -0 / 3 � ' ESQ o R @§ f»e a §E \ § o [ § ] � ƒ / & § § \ } / ATIAC�txl iv i O era ++ a •0 i p N 4 c O m C O N w Y d 9 U O m O 4� Q M LrN 3 ^' 3 F d i Ll 7— 3 a F- ^ U (0 L C N O CL -0 N N m y O NO `) 4-7 t/ 1 u c c C N NO m CL O O f0 w Up c to 'c m rn E U m ns O n ^ n O V E v L L Q- OJ N v N � ° � °> :3 o o c 3 11 0 Ln v O o N N `o c o ° u c m (7 > a O N N N L t O>. 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N Q "G L L Lo O O > a a cn C i R ro w m E _ E C N 3 C . �o rn a o .-° CL m Q � 1 L Lo L7 JM.:,• \ H q} 1; 4. r Z.. i's N Op J h O a N, 0 O � 7j � ti d�VSj O M q O O 4 �O N U N cd Ny U � 2 � .y O L v� bap � •Cwa ig t to r� 7 •U �d o =o c b `d 3 y o O > s ° w z m d Ev � � m o a �x as a N, r� ORDINANCE 2021 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The C -2 (Central Business District Commercial) zone of the Town of Los Gatos contains a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community. However, too many restaurants concentrated in this one area would displace retail uses that are vital to continued success and to having businesses that attract Town residents throughout the day. This ordinance is 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. SECTION II Section 29.10.020 is amended to read as follows: Bar means a drinking place where alcoholic beverages and snacks are served; possibly with entertainment such as music, television screens, video games or pool tables. Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service, some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in customers. Restaurant, high turnover (sit -down) means a restaurant with turnover rates generally of less than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally serve breakfast, lunch and dinner, and are sometimes open 24 hours a day. Restaurant, quality means a restaurant of high quality and with turnover rates usually of at ATTACBMYT 11 least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner. SECTION III Subsection (16) of Section 29.20.745 is amended to read as follows: (16) Determine and issue zoning approval for minor restaurants that are located outside Downtown [the C -2 zone]. SECTION IV Subsection (8) of Section 29.20.750 is amended to read as follows: (8) Determines conditional use permit applications that are not assigned to the Development Review Committee. SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 1996. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ZR THE TOWN LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA From: Imawhiteyboi Lucca <iamaawhiteeboii @gmail.com> Sent: Friday, April 18, 2014 12:40 PM A To: Council PR 18 2014 Subject: Support for Yogurt In Love TOWN OF LOS GATOS PLANNING DIVISION Dear Council, my name is Shane Lucca son to Patricia and brother to Shawn Lucca. Im writing In Support of this shop. I believe Los Gatos is a beautiful town, k used to work at Steamers and have patroned many establishments In your town. Please approve this new membership to your beautiful town, as it will enhance the personality of Los Gatos . h-ITACHMENT 12 From: Sent: To: Subject: Diane Bitler <disue1969 @yahoo.com> Friday, April 18, 2014 1:20 PM Council Yogurt In Love RECEIVED APR 18 2014 TOWN OF LOS GNLOS PLANNING DIVISION Please consider letting Yogurt in Love join your fine city! I think it would be a great place to get a dessert. Shawn and Kayla have been working very hard at getting this business started, they are very people friendly! From: Erica Lucca <lucca.erica @gmail.com> Sent: Friday, April 18, 2014 1:24 PM RECEIVED To: Council Subject: Yogurt In Love APR 182014 iOVVN op Los G foS To whom it may concern: PLANNING DIVISioN I am writing on behalf of my wonderful mother -in -law and her dream to open up a yogurt shop in Los Gatos. I think Yogurt in Love is the perfect addition for the quaint town of Los Gatos and I know my mother -in -law and her family will do a fabulous job of running the business. Los Gatos lends itself as a great location to raise children, host outdoor events, and offers many activities for people to enjoy. All it needs is a Yogurt in love to make it perfect! I truly hope you take into consideration the countless hours they have spent thus far in making their dream come to fruition and grant them the opportunity to bring more local business into the beautiful city of Los Gatos. Respectfully, Erica Lucca This Page Intentionally Left Blank