Attachment 01PREPARED BY: JOCELYN SHOOPMAN
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: 01/09/2019 ITEM NO: 4
DATE: JANUARY 4, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT APPLICATION U-18-020. PROJECT LOCATION:
114 S. SANTA CRUZ AVENUE. PROPERTY OWNER: 102 S. SANTA CRUZ, LP. APPLICANT: BRIAN EDWARDS. REQUESTING APPROVAL FOR A RESTAURANT WITH BEER AND WINE SERVICE (HAPA'S BREWING CO.) ON PROPERTY ZONED C-2. APN 510-45-061. DEEMED COMPLETE: DECEMBER 12, 2018 FINAL DATE TO TAKE ACTION: JUNE 12, 2019
RECOMMENDATION:
Forward Conditional Use Permit (CUP) application U-18-020 to the Town Council with a
recommendation of approval.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, C-2
Applicable Plans & Standards: General Plan
Parcel Size: 14,810 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial and Residential Central Business District and
Medium Density Residential
C-2 and R-1D:LHP
East Commercial Central Business District C-2
South Commercial Central Business District C-2 and C-2:PD
West Commercial and Residential Central Business District and
Medium Density Residential
C-2:PD and
R-1D:LHP
ATTACHMENT 1
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
effect on the environment will occur since the project is within an existing structure with no
increase in floor area.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
As required by Section 29.20.190 of the Town Code for granting a CUP.
ACTION:
Forward CUP application U-18-020 to the Town Council with a recommendation of approval.
BACKGROUND:
The approximately 14,810-square foot parcel is currently developed with an existing two-story
commercial building located at the corner of S. Santa Cruz Avenue and Broadway and a
one-story commercial building located at the rear of the property.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site is located on the west side of S. Santa Cruz Avenue (Exhibit 1). The adjacent
properties to the east and south are developed with commercial buildings and are zoned
C-2 and C-2:PD, while the adjacent properties to the north and west are developed with
commercial buildings, multi-family, and single-family residential uses and are zoned C-2,
C-2:PD and R-1D:LHP.
B. Project Summary
The applicant is requesting approval of a CUP for a restaurant with beer and wine service
(Hapa's Brewing Co.).
When reviewing a CUP, the deciding body should consider the information in the applicant’s
business description; however, the key consideration should be the proposed use since the
business description can change from owner to owner.
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PROJECT DESCRIPTION (continued):
The CUP runs with the land, and the deciding body should review applications based on the
use as opposed to the applicant or the applicant’s business description.
C. Zoning Compliance
The proposed restaurant with beer and wine service is allowed with a CUP in the C-2 zone.
Section 29.20.755(2) requires the Town Council to consider Planning Commission
recommendations on CUPs for establishments serving alcoholic beverages, for on premise
consumption.
DISCUSSION:
A. Conditional Use Permit Application
The proposed business (Hapa’s Brewing Co.) would occupy an existing 1,793-square foot
one-story commercial building at the rear of the subject property. An existing two-story
commercial building is also located on the same parcel at the corner of S. Santa Cruz
Avenue and Broadway.
The applicant proposes to renovate the existing interior space and modify the existing
parking lot for creation of an outdoor seating area. The project would not impact the
exterior appearance of the commercial building. The applicant has provided a letter of
justification/business description (Exhibit 4) and development plans (Exhibit 7) describing
the operational details for the proposed use.
The applicant proposes to operate a taproom restaurant with rotating beers, wine, and food
service. Four parking spaces directly adjacent to the building are proposed to be removed
to accommodate an outdoor seating area.
Proposed hours of operation would be seven days a week, from 11:00 a.m. to 11:00 p.m.
All beers would be brewed off-site and delivered to the location Monday through Friday
between 8:00 a.m. and 4:00 p.m. The recommended conditions of approval in Exhibit 3
include the hours of operation and delivery hours.
Pursuant to the Late Night Entertainment Policy, entertainment may include, but shall not
be limited to, live musical performances, instrumental or vocal, dance acts, concerns, live
shows, amplified music or sound, dancing, DJ, karaoke, jam sessions, and/or other similar
activities. Entertainment activities that occur prior to 10:00 p.m. are permitted by right and
subject to the Noise Ordinance; however, entertainment occurring after 10:00 p.m. requires
issuance of a Late Night Entertainment Permit by the Town Manager (Exhibit 6).
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DISCUSSION (continued):
B. Parking and Traffic
The subject property contains a two-story and a one-story commercial building and has 24
parking spaces on-site and 41 parking spaces in the Parking Assessment District (PAD). Four
existing parking spaces are proposed to be removed to accommodate a new outdoor
seating area with one new parking space proposed adjacent to the property located at 110
S. Santa Cruz Avenue (Sheet A0.1, Exhibit 7). The proposed project with 21 parking spaces
on-site and 41 parking spaces in the PAD would result in a total of 62 parking spaces. The
tenants in the two-story commercial building utilize 35 of the 62 total spaces. With a gross
floor area of 1,793 square feet, the proposed use would require six parking spaces with an
excess of 21 parking spaces remaining for the property. The proposed use would comply
with the parking requirements for the property.
There would be no traffic impact or traffic impact fees required per the Town’s Traffic
Impact Policy as the subject site is located downtown and there is no proposed increase in
square footage.
C. Trees
The development plans were reviewed by the Town Arborist and a report was prepared
(Exhibit 5).
The tree inventory included in the arborist report for the project includes two protected
trees adjacent to the proposed new parking space. The arborist report and project plans
identify whether the trees included in the inventory would remain or be removed. Tree #1,
a 35-inch Coastal Redwood tree is proposed to be removed to accommodate the new
parking space. The arborist report states that Tree #1 is in extremely poor health with the
top of the tree dying back and is a candidate for removal. The proposed tree removal
would meet one or more of the required findings for tree removal under Section 29.10.0992
of the Town Code.
Tree #2, a 42-inch Valley Oak adjacent to the new parking space is proposed to remain with
recommendations for tree protection measures during the removal of Tree #1 and
construction of the new parking space as provided in the arborist report. Planting of
replacement trees and/or payment of in-lieu fees would be required prior to issuance of a
Certificate of Occupancy pursuant to Town Code. Arborist recommendations for tree
protection measures for Tree #2 have been included in the conditions of approval (Exhibit
3).
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DISCUSSION (continued):
D. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding 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 would 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.
With regards to the first finding, the use, if approved as proposed, will introduce a new use
within an existing commercial building which provides a family friendly business and an
outdoor seating area in the downtown area adjacent to the Town Plaza to serve as a
destination location. With regards to the second finding, the use will not impair the
integrity of the zone because the use is a commercial use and is located in a commercial
zone. With regards to the third finding, the use will not be detrimental to public health
safety or general welfare because the conditions will address any potential impacts,
including the proposed hours of operation and delivery times. With regards to the final
finding, the proposed use meets the objectives of the General Plan and Town Code as
discussed within this report.
E. General Plan
The restaurant with beer and wine service is consistent with the Central Business District
General Plan land use designation for the property which envisions a mixture of retail,
office, and residential in a mixed-use setting, along with lodging, service, auto-related
businesses, non-manufacturing industrial uses, recreational uses, and restaurants.
The 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.
• Goal LU-9 – To provide residents with adequate commercial and industrial services.
• Policy LU-9.2 – Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
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DISCUSSION (continued):
• commercial centers to meet the shopping needs of residents and to preserve the small-
town atmosphere.
• 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.
F. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Exhibit 8 includes public comments received by 11:00 a.m., Friday, January 4, 2019.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The applicant is requesting approval of a CUP for a restaurant with beer and wine service
(Hapa's Brewing Co.). There would be no traffic impact and the site has adequate parking
to accommodate the proposed use. The proposed use would be in conformance with the
Town Code and is consistent with the General Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the application subject to the
recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit
with the proposed project, it should:
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 2); and
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2); and
3. Forward a recommendation to Town Council for approval of CUP application U-18-020
with the conditions contained in Exhibit 3.
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ALTERNATIVES:
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Recommend that the Town Council approve the application with additional and/or
modified conditions of approval; or
2. Recommend that the Town Council deny the application; or
3. Continue the application with direction to a specific hearing date.
EXHIBITS:
1. Location Map
2. Required Findings (one page)
3. Recommended Conditions of Approval (five pages)
4. Letter of Justification/Business Description, received November 9, 2018 (two pages)
5. Arborist Report, received December 5, 2018 (four pages)
6. Late Night Entertainment Policy (two pages)
7. Development Plans, received December 12, 2018 (five sheets)
8. Public Comment received by 11:00 a.m., Friday, January 4, 2019
Distribution:
Brian Edwards, 460 Lincoln Avenue, Suite 90, San Jose, CA 95126
Kevin Mattos, 111 W. St. John Street, Suite 950, San Jose, CA 95113
102 S. Santa Cruz LP, 1777 Saratoga Avenue, Suite #210, San Jose, CA 95129
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114 South Santa Cruz Avenue
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EXHIBIT 1
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PLANNING COMMISSION – January 9, 2019
REQUIRED FINDINGS:
114 S. Santa Cruz Avenue
Conditional Use Permit Application U-18-020
Requesting approval for a restaurant with beer and wine service (Hapa's Brewing
Co.) on property zoned C-2. APN 510-45-061.
APPLICANT: Brian Edwards
PROPERTY OWNER: 102 S. Santa Cruz, LP
FINDINGS
Required Finding for CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities. 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 approval of 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 is desirable to the public convenience because it will introduce a
new use within an existing commercial building providing for a family friendly
business and an outdoor seating area in the downtown area adjacent to the Town
Plaza to serve as a destination location; and
2. The proposed use would not impair the integrity of the zone, in that the proposed
use is a commercial use and would be located in a commercial zone; and
3. The proposed use would not be detrimental to public health, safety or general
welfare, and the conditions placed on the permit would address any potential
impacts, including the proposed hours of operation and delivery times; and
4. The proposed use is in harmony with the General Plan and Town Code.
EXHIBIT 2
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PLANNING COMMISSION– January 9, 2019
CONDITIONS OF APPROVAL
114 S. Santa Cruz Avenue
Conditional Use Permit Application U-18-020
Requesting approval for a restaurant with beer and wine service (Hapa's Brewing
Co.) on property zoned C-2. APN 510-45-061.
APPLICANT: Brian Edwards
PROPERTY OWNER: 102 S. Santa Cruz, LP
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. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, the Development Review Committee,
the Planning Commission, or the Town Council depending on the scope of the change(s).
2. EXPIRATION OF APPROVAL: The Conditional Use Permit application will expire two years
from the date of approval unless it is used before expiration. Section 29.20.335 defines
what constitutes the use of an approval granted under the Zoning Ordinance.
3. 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.
4. USE: The approved use is a restaurant with beer and wine service.
5. HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 11:00 p.m., daily.
6. DELIVERY HOURS: Typical delivery times shall be between 8:00 a.m. and 4:00 p.m. Monday
through Friday.
7. NOISE: The restaurant with beer and wine service shall be subject to the Town of Los Gatos
Noise Ordinance.
8. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building permit.
9. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan and must remain on the site.
10. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the
drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. REPLACEMENT TREES: All approved tree replacements shall meet the requirements of
Section 29.10.0985 of the Town Code.
EXHIBIT 3
13. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable. A Compliance Memorandum shall be prepared by the applicant
and submitted with the building permit application detailing how the recommendations
have or will be addressed.
14. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
15. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
16. 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.
17. 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.
Building Division
18. PERMITS REQUIRED: A Building Permit is required for the alteration to the existing
commercial space.
19. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2017, are the 2016 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12.
20. 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.
21. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
22. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
23. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
24. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
25. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
26. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, 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 and signed by all requested parties
prior to permit issuance. Special Inspection forms are available from the Building Division
Service Counter or online at www.losgatosca.gov/building.
27. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) 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 ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
28. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-577
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Santa Clara County Environmental Health Department: (408) 918-3479
f. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
29. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other
construction 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 an encroachment permit is issued by the Engineering Division of the
Parks and Public Works Department. The Owner and/or Applicant'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 issuance of correction notices, citations,
or stop work orders and the Town performing the required maintenance at the Owner
and/or Applicant's expense.
30. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
31. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
32. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
33. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner
and/or Applicant’s project engineer shall notify, in writing, the Town Engineer at least
seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall
be incorporated into the final “as-built” plans.
34. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner and/or Applicant.
35. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
36. SIDEWALK REPAIR: The Owner and/or Applicant shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. All new and
existing adjacent infrastructure must meet current ADA standards. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard
Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete
identified that is displaying a stamp or equal shall be removed and replaced at the
Contractor’s sole expense and no additional compensation shall be allowed therefore. The
limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project. The improvements must be completed and
accepted by the Town before a Certificate of Occupancy for any new building can be issued.
37. CURB AND GUTTER REPAIR: The Owner and/or Applicant shall repair and replace to existing
Town standards any curb and gutter damaged now or during construction of this project.
All new and existing adjacent infrastructure must meet Town standards. New curb and
gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
38. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by the
Town.
39. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to 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. The Town may
authorize, on a case-by-case basis, alternate construction hours. The Owner and/or
Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
40. 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 from the source. 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.
41. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any building permits,
the Owner and/or Applicant’s design consultant shall submit a construction management
plan sheet (full-size) within the plan set that shall incorporate at a minimum the Project
Schedule, site security fencing, employee parking, construction staging area, materials
storage area(s), proposed outhouse location(s). Please refer to the Town’s Construction
Management Plan Guidelines document for additional information.
42. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site
shall be kept open and in a safe, drive-able condition throughout construction and in
perpetuity after construction has been completed. If temporary closure is needed, then
formal written notice shall be provided at least one (1) week in advance of closure.
43. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the
CASQA Stormwater Best Management Practices Handbooks for Construction Activities and
New Development and Redevelopment, the Town's grading and erosion control ordinance,
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
44. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor 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.
45. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner and/or
Applicant'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 penalties
and/or the Town performing the required maintenance at the Owner and/or Applicant's
expense.
46. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
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EXHIBIT 4
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
FAX (408) 354-6824
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
A Tree Review for the Proposal for a
Restaurant with On-Site and
Off-Site Sale of Beer and Wine
Service (Hapa’s Brewing Co.)
114 S. Santa Cruz Avenue
Los Gatos, California 95030
Property Owner: 102 S. Santa Cruz, LP
Applicant: Brian Edwards
APN: 510-45-061
Project File # U-18-020/Zoned C-2
Submitted to:
Jocelyn Shoopman
Associate Planner
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, California 95030
Submitted by:
Robert Moulden
Los Gatos Town Arborist
ISA Certified Arborist: #WE-0532A
EXHIBIT 5
RECEIVED
DEC O 5 2018
TOWN OF LOS GATOS
PLANNING DIVISION
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
FAX (408) 354-6824
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
Introduction
I have been requested by Los Gatos Community Development Department to review the
potential impacts to two trees associated with the request to add a new parking space
associated with Conditional Use Permit Application U-18-020 for the property located at
114 S. Santa Cruz Avenue.
Trees on Site
Tree #1 is a large Coastal Redwood with a diameter of approximately 35 inches and a height
of 50 feet. The tree is located behind 110 S. Santa Cruz Avenue in a privately-owned parking
lot. This tree is in extremely poor health with the top of the tree dying back. This tree is in
decline and is a candidate for removal, in addition to being proposed to be removed by the
applicant to accommodate the new parking space. If there is room to plant replacement
trees it will be required, if not, the applicant may pay an in-lieu fee to satisfy the
replacement requirement.
Tree #2 is a large Valley Oak with a diameter of 42 inches and a height of 45 feet located
adjacent to tree #1. This tree is a healthy specimen with good structure.
Recommendations
Tree #1 – The Coastal Redwood is in poor health and is a candidate for removal. This will
also free up room for the proposed parking, which will benefit this project. This removal will
require Planning Department approval and shall have a Tree Removal Permit applied for
and approved before removal is warranted.
Tree #2 - The large Valley Oak will not be affected by the project; however, I would
recommend that as part of this application that a chain link protection fence be installed
and remain in place surrounding the Valley Oak at a distance of no less than nine feet from
base of the tree before start of the removal process for tree #1 and shall remain in place
throughout the paving for the additional parking space.
1.If new plant material is installed under the canopies it should be drought tolerant.
2.Any trenching for new irrigation should be designed outside of the canopies.
3.I would recommend a thin layer of mulch beneath the unpaved area of the
canopies be maintained throughout the project.
4.The contractor shall adhere to the Town Code relating to protection of trees
during construction:
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
FAX (408) 354-6824
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
Sec.29.10.1005. – Protection of trees during construction
(a)Protective tree fencing shall specify the following:
1)Size and materials: A six (6) foot high chain link fencing, mounted on two-
inch diameter galvanized iron posts, shall be driven into the ground to a
depth of at least two (2) feet at no more than 10-foot spacing. For paving
area that will not be demolished and when stipulated in a tree
preservation plan, posts may be supported by a concrete base.
2)Area type to be fenced. Type I: Enclosure with chain link fencing of either
the entire drip line area or at the tree protection zone (TPZ), when
specified by a certified or consulting arborist. Type II: Enclosure for street
trees located in a planter strip: chain link fence around the entire planter
strip to the outer branches. Type III: Protection for a tree located in a small
planter cut-out only (such as downtown): orange plastic fencing shall be
wrapped around the trunk from the ground to the first branch with 2-inch
wooden boards bound securely on the outside. Caution shall be used to
avoid damaging any bark or branches.
3)Duration of Type I, II, III fencing. Fencing shall be erected before
demolition; grading or construction begins and remain in place until final
landscaping is required. Contractor shall first obtain the approval of the
project arborist on record prior to removing a tree protection fence.
4)Warning sign. Each tree fence shall have prominently displayed an 8.5 x
11-inch sign stating: "Warning—Tree Protection Zone-this fence shall not
be removed and is subject to penalty according to Town Code
29.10.1025".
(b)All persons shall comply with the following precautions:
1)Prior to the commencement of construction, install the fence at the drip
line, or tree protection zone (TPZ) when specified in an approved arborist
report, around any tree and/or vegetation to be retained which could be
affected by the construction and prohibit any storage of construction
materials or other materials or vehicles inside the fence. The drip line shall
not be altered in any way so as to increase the encroachment of the
construction.
2)Prohibit excavation, grading, drainage and levelling within the drip line of
the tree unless approved by the director.
3)Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful
materials within the drip line of or in drainage channels, swales or areas
that may lead to the drip line of a protected tree
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
FAX (408) 354-6824
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
4)Prohibit the attachment of wires, signs or ropes to any protected tree.
5)Design utility services and irrigation lines to be located outside of the drip
line when feasible.
6)Retain the services of the certified or consulting arborist for periodic
monitoring of the project site and the health of those trees to be
preserved. The certified or consulting arborist shall be present whenever
activities occur which poses a potential threat to the health of the trees
to be preserved.
7)The director and project arborist shall be notified of any damage that
occurs to a protected tree during construction so that proper treatment
may be administered.
No recommendations for replacement at this time, although any new trees that the owner plants
should be installed with watering tubes and staked.
Title: Policy Regulating Late Night Entertainment I Policy Number: 1 -03
Effective Date: 6122116 1 Pages: 2
Enabling Actions: I -- -- I Revised Date:
Entertainment contributes to Los Gatos' vibrancy and adds to the richness of events and
gatherings, and shall not be regulated other than by Town Code. However, entertainment
occurring after 10 p.m. ( "late night entertainment ") can compromise the quality of life for Town
residents. Therefore, this policy has been created to establish a permitting process and
regulations for late night entertainment.
For the purposes of this policy, entertainment means any activity conducted for the primary
purpose of diverting or entertaining persons in a premises open to the general public. Such
entertainment may include, but shall not be limited to, live musical performances, instrumental
or vocal, dance acts, concerts, live shows, amplified music or sound, dancing, DJ, karaoke, jam
sessions, and/or other similar activities.
Late night entertainment is a discretionary privilege and is not to be construed to be a right of
development nor run with the land. The following provisions are intended to maintain and
enhance the continuing vibrancy and viability of the Town's public and commercial centers while
providing reasonable protections to residential neighborhoods in close proximity to those areas.
POLICY AND PROCEDURES
I. Review Processes for Establishments with Late Night Entertainment
1. A late night entertainment permit shall be issued be the Town Manager. The Town
Manager may refer any application for a permit to the Development Review Committee
for its consideration and determination, which may be appealed to Planning Commission
and Town Council. The Town Manager or other deciding body retains the right of
approval or denial of each application based on its merits.
2. In determining whether to approve or deny an application for a late night entertainment
permit, the following factors will be considered:
a. The proposed use of the property is essential or desirable to the public
convenience or welfare;
b. The proposed use will not impair the integrity and character of the zone;
EXHIBIT 6
Page: Policy Number:
Title: Policy Regulating Late Night Entertainment 2 of 2 1 -03
c. The proposed use would not be detrimental to public health, safety or
general welfare; and
d. The proposed use of the property is in harmony with the applicable
guidelines, zoning ordinances, and/or provisions of the general plan.
3. An application and permit for late night entertainment shall be subject to all
applicable requirements of the Town Code, and any permit issued pursuant to this
policy shall include the following conditions:
a. The applicant shall be responsible for ensuring that noise resulting from
the entertainment meets all applicable provisions of the Town's noise
ordinance. If noise complaints are received by Town Staff, the Town
reserves the right to require the applicant/permittee to hire a consultant to
monitor noise levels to ensure that noise levels are within the parameters
established by Town Code for the zone in which entertainment is
occurring.
b. Security measures, which may include the requirement that the applicant
employ private security personnel, shall be undertaken and established in
and around the entertainment venue to deter unlawful conduct or
disturbance to adjacent residential neighborhoods.
c. Additional appropriate conditions may be included in any permit as may
be determined necessary to protect the public health, safety or general
welfare.
4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits entertainment
will be required to obtain an amendment to its CUP in order to offer entertainment
pursuant to this policy. An applicant's request to amend an existing CUP for the express
purpose of adding permitted entertainment will not open the remainder of the CUP to
amendment or alteration unless specifically requested by the applicant.
5. Any permit issued pursuant to this policy may be suspended, modified or revoked by the
body that approved the permit following a public hearing if it is determined that sufficient
evidence exists that the permitted entertainment is operating, or has operated, in a manner
inconsistent with the requirements of its permit, or in a manner that constitutes a public
nuisance.
APPROVED AS TO FORM:
Robert Schultz, Towt1_
115' ey
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EXHIBIT 8