HomeMy WebLinkAboutCity Council Resolution 06-033RESOLUTION NO. 06-033
Application No. 06-306
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING THE APPEAL,
THEREBY DENYING
CONDITIONAL USE PERMIT APPLICATION 06-216
Subway; 14410 Big Basin Way, Bldg. B Area 1
WHEREAS, on March 8, 2006, the City of Saratoga Planning Commission denied
Conditional Use Pennit application 06-216 which proposes to establish a Subway sandwich shop in
one of the tenant spaces located within an 11,836 square foot commercial property known as
Corinthian Corners. The sandwich shop will face Saratoga-Los Gatos Rd. and will occupy an
approximately 960 square foot tenant space between Starbucks and a bicycle shop. The Applicant
and Owner are as follows: Miya Glasauer, Tenant and Franchise Owner and Heikali-Aloga, LLC,
Owner. The property is located within the CH-I zoning district; and
WHEREAS, on March 14, 2006, the applicant, Miya Glasauer, filed an appeal of the
Planning Commission's denial of Conditional Use Permit application pursuant to the provisions
stated in City Code Article 15-90; and
WHEREAS, on Apri15, 2006 the City Council held a public hearing to consider the appeal
application at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the application and all
testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council upholds the determination and findings of the Planning
Commission denying the Conditional Use Permit application; and
WHEREAS, the City Council finds the proposed project consisting of the conversion of an
existing small structure from one use to another is Categorically Exempt from the Environmental
Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small
Structures", Class 3 (c) of the Public Resources Code (CEQA); and
WHEREAS, the City Council finds that the Applicant has not met the burden of proof as to
certain of the required findings for approval under Article 15-55 of the City Code. The following is a
discussion of each of these unmet required findings:
Finding #1: The proposed sandwich shop meets the objectives of the Zoning Ordinance and the
purposes of the zoning district in which the site is located, including the following objectives of
the CH-1 Zoning District:
(1) Preservation and enhancement of the small-scale, pedestrian character of the Village to
make the area more inviting to potential shoppers and diners; -Applicant has not met the
burden of proof to show that this use meets the objective of preservation and enhancement of
the pedestrian character of the Village in that it is a sandwich shop to which many people
drive and make a quick pick up of apre-ordered sandwich. This type of customer activity
does not contribute towards preserving and enhancing a pedestrian environment to make the
Village more inviting to potential shoppers and diners.
(2) Preservation and enhancement of the architectural and landscape quality of the Village;
- No exterior changes are proposed to the Corinthian Corners building as a result of this
application; hence this objective will not be affected by this proposal
(3) Encouragement ofa town center mix of specialty shops, restaurants, convenience shops,
services and residences; -The Applicant has not met the burden of proof to show that this
sandwich shop use encourages a town center mix of specialty shops, restaurants, convenience
shops, services and residences in that there is already an abundance of sandwich shops in the
town center.
(4) Conservation of historic structures. This objective is not applicable to this proposal.
Finding #2: The proposed sandwich shop will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity in that
conditions have been placed regarding the operation of Subway to minimize potential impacts.
Applicant has not met the burden of proof to show that the sandwich shop would not be detrimental
to the public safety in that particularly for the traffic coming from the direction of Los Gatos on
Saratoga-Los Gatos Road, due to fact that the "drive to and make a quick sandwich pickup" nature of
the business could result in some unsafe vehicular circulation in an area that has an unusual road
pattern.
Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve that after careful
consideration of the proposed use and floor plan and other exhibits submitted in connection with this
matter, the application for a Conditional Use Permit approval for the establishment of a Subway
sandwich shop in a 960 square foot tenant space at 14410 Big Basin Way (Corinthian Corners) as
shown on Exhibit A, incorporated by reference, is hereby denied based on the Applicant's not
meeting the burden of proof as set forth in the findings set forth above.
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 5th day of April
2006 by the following roll call vote:
AYES: Councilmember Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline
NOES: Councilmembers Kathleen King, Nick Streit
ABSENT: None
ABSTAIN: None