Attachment 04RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT
FOR A RESTAURANT WITH BEER AND WINE SERVICE
ON PROPERTY ZONED C-2
APN: 510-45-061
CONDITIONAL USE PERMIT APPLICATION: U-18-020
PROPERTY LOCATION: 114 S. SANTA CRUZ AVENUE
PROPERTY OWNER: 102 S. SANTA CRUZ AVENUE, LP
APPLICANT: BRIAN EDWARDS
WHEREAS, the applicant requests approval of a Conditional Use Permit (CUP) for a
restaurant with beer and wine service on property zoned C-2; and
WHEREAS, on January 9, 2019, the Planning Commission considered CUP application
U-18-020, a request for a CUP on property zoned C-2; and
WHEREAS, the Planning Commission recommended approval of the request subject to
revised Conditions of Approval, finding that the proposed use of the property is desirable to the
public convenience in that it 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; the proposed use will not impair
the integrity and character of the zone in that the proposed use is a commercial use in a
commercial zone; the proposed 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; and the proposed use of the property is in harmony with
the objectives of the General Plan and the Town Code and as discussed within the January 9,
2019, Planning Commission staff report; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on February 19, 2019; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
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 Report for
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 4
its meeting on February 19, 2019, along with any and all subsequent reports and materials
prepared concerning this application; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A; and
WHEREAS, Council finds as follows:
A.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. A Notice of Exemption will not be filed.
B.Pursuant to Town Code section 29.20.190:
1.The proposed use is desirable to the public convenience because it 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; and
2.The proposed use will not impair the integrity of the zone, in that the proposed
use is a commercial use located in a commercial zone; and
3.The proposed 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; and
4.The proposed use is in harmony with the General Plan and Town Code.
NOW, THEREFORE, BE IT RESOLVED:
1.The requested CUP for a restaurant with beer and wine service is approved.
2.The Conditions of Approval attached hereto as Exhibit A are hereby adopted .
3.The decision constitutes a final administrative decision pursuant to California 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 California 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 19th day of February, 2019, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
TOWN COUNCIL – February 19, 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.
PROPERTY OWNER: 102 S. Santa Cruz, LP.
APPLICANT: Brian Edwards.
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 Zo ning 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 Tow n of Los Gatos
Noise Ordinance.
8. MUSIC: Music shall be limited to non-amplified (acoustic) only.
9. OUTDOOR PATIO: The use of televisions or speakers is prohibited in the outdoor patio.
10. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building permit.
11. 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.
12. 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 constr uction plans.
13. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
14. REPLACEMENT TREES: All approved tree replacements shall meet the requirements of
Section 29.10.0985 of the Town Code.
15. 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
EXHIBIT A
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.
16. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained
prior to commencement of use.
17. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
18. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development De partment must
be obtained prior to any changes to existing signs or installation of new signs.
19. 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 de fend, 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
20. PERMITS REQUIRED: A Building Permit is required for the alteration to the existing
commercial space.
21. 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.
22. 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.
23. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
24. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
25. TITLE 24 ENERGY COMPLIANCE: All required California T itle 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
26. 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.
27. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
28. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, t he
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.
29. 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 on line at
www.losgatosca.gov/building.
30. 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
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council shall
be funded by the Owner and/or Applicant.
37. 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.
38. 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.
39. CURB AND GUTTER REPAIR: The Owner and/or Applicant shall repair and replace to existi ng
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.
40. 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.
41. 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.
42. 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.
43. 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 Proje ct
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.
44. 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.
45. 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.
46. 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.
47. 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.
48. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
S:\COUNCIL REPORTS\2019\02-19-19 Interviews\114 SSC - Hapa's Brewing Co\Attachment 4 - Draft Resolution to Approve Application.docx