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2019-007 - Approve a CUP for Hapa's Brewing Co. at 114 S. Santa Cruz AveRESOLUTION 2019 -007 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH CRAFT 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 craft 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 1of8 Resolution 2019 -007 February 19, 2019 Commission proceedings and the packet of material contained in the Council Agenda Report for 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 craft 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. 2of8 Resolution 2019 -007 February 19, 2019 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: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None. ABSENT: None. ABSTAIN: None. ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ME MAYOR OF THE TOWN OF LOS GATOS LOS GATOS. CALIFORNIA DATE: 14 ZZ 3of8 Resolution 2019 -007 February 19, 2019 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 craft 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 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 craft beer and wine service. 5. HOURS OF OPERATION: Hours of operation are limited to 11:00 a.m. to 10:00 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 craft beer and wine service shall be subject to the Town of Los Gatos Noise Ordinance. 8. LANDSCAPING: Noise dampening construction materials and landscaping shall be implemented at the property line and within the planter boxes in the parking area. 9. MUSIC: Music shall be limited to non - amplified (acoustic) only. 10. OUTDOOR PATIO: The use of televisions or speakers is prohibited in the outdoor patio. 11. NEIGHBORHOOD CONTACT: The contact information for the business owner and /or representative for the business shall be made available to the surrounding neighborhood to address any issues. 12. OPERATING AGREEMENT: Prior to the issuance of an occupancy permit, the applicant shall enter into an operational agreement with the Town guaranteeing the performance of the business per the representations of the application and the applicant at the public hearings as well as the conditions of approval contained herein. Operators who are successors in interest to the business and CUP shall be required to agree to all the terms of the Operational Agreement by executing a copy of the Agreement. 13. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building permit. EXHIBIT A 4of8 Resolution 2019 -007 February 19, 2019 14. 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. 15. 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. 16. TREE STAKING: All newly planted trees shall be double- staked using rubber tree ties. 17. REPLACEMENT TREES: All approved tree replacements shall meet the requirements of Section 29.10.0985 of the Town Code. 18. 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. 19. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use. 20. BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance Department prior to commencement of use. 21. 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. 22. 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 23. PERMITS REQUIRED: A Building Permit is required for the alteration to the existing commercial space. 24. 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. 25. 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. 26. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process. 27. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42 ". 28. 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. 29. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer 5of8 Resolution 2019 -007 February 19, 2019 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. 30. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 31. 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. 32. 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. 33. 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 34. 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. 35. 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. 6of8 Resolution 2019 -007 February 19, 2019 36. 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. 37. 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. 38. 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. 39. PLANS AND STUDIES: Any studies imposed bythe Planning Commission or Town Council shall be funded by the Owner and /or Applicant. 40. 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. 41. 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. 42. 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. 43. 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. 44. CONSTRUCTION HOURS: All construction activities, including the delivery of construction 7of8 Resolution 2019 -007 February 19, 2019 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 8of8 Resolution 2019 -007 February 19, 2019