Attachment 07RESOLUTION 2017-____
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE REQUEST TO CONSTRUCT A CANOPY OVER AN EXISTING PATIO ON
PROPERTY ZONED C-1:PD.
APN: 529-34-108
ARCHITECTURE AND SITE APPLICATION: S-17-013
PROPERTY LOCATION: 106 E. MAIN STREET
PROPERTY OWNER: TOWN OF LOS GATOS
APPLICANT: MEHDI DALVAND, THE MIDGLEN STUDIO
WHEREAS, the applicant requests approval to construct a canopy over an existing patio
on property zoned C-1:PD; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 6, 2017; 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 packet of material
contained in the Council Agenda Report for its meeting on June 6, 2017, along with any and all
subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council continued the matter to a date certain of June 20, 2017,
requesting additional information from staff; and
WHEREAS, this matter came before the Town Council for public hearing on June 20,
2017; 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 packet of material
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 7
contained in the Council Agenda Report for its meeting on June 20, 2017, along with any and
all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council determined that the deck/patio area north of the building
in which the Los Gatos Museum Association is located, is not included in the lease agreement
and is instead considered part of the common space that can be used by the Los Gatos Museum
Association, the Friends of the Library, and the Town; and
WHEREAS, the Town Council approved the application subject to the Conditions of
Approval attached hereto as Exhibit A and development plans attached hereto as Exhibit B; and
WHEREAS, the Town Council finds as follows:
A. The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures; and
B. The project is in compliance with the Commercial Design Guidelines; and
C. As required by Section 29.20.150 of the Town Code, the considerations in review
of an Architecture and Site application were all made in reviewing this project.
NOW, THEREFORE, BE IT RESOLVED:
1. Architecture and Site application S-17-013 to construct a canopy over an existing
patio 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 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 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 20th day of June, 2017 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN COUNCIL – June 20, 2017
CONDITIONS OF APPROVAL
106 E. MAIN STREET
Architecture and Site Application S-17-013
Requesting approval to construct a canopy over an existing patio on a property
zoned C-1:PD. APN 529-34-108.
PROPERTY OWNER: Town of Los Gatos
APPLICANT: Mehdi Dalvand, The Midglen Studio
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director or Town Council depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
4. 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.
5. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
6. DISCONTINUANCE OF LEASE: In the event that the lease with NUMU is discontinued,
retention of the canopy is at the discretion of the Town Manager. Should the Town
Manager determine that the canopy is to be removed, NUMU is responsible for removal
of the canopy and remediation of the existing building, to the satisfaction of the Town
Manager pursuant to the existing lease agreement.
Building Division
7. PERMITS REQUIRED: A Building Permit is required for the construction and installation of
the canopy. Structural plans and calculations are required along with attachment/
anchorage details. The canopy is required to be constructed so as to support all
applicable loads as specified in California Building Code Chapter 16.
EXHIBIT A
8. 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.
9. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size
30” x 42”.
10. TITLE 24 ACCESSIBILITY for PUBLIC BUILDINGS: For any proposed exterior or interior
modifications or alterations to existing buildings it shall be shown that the building is in
complete compliance with the latest California Title 24 Accessibility Standards including
California Building Code Section 11B-202.4 Path of travel requirements in alterations,
Additions and structural repairs. Please reference on the plans Town Building Permit
B14-0497 for the New Museums of Los Gatos Tenant Improvements Plans which show
that the recently completed improvements provide that this public building is in complete
compliance with Chapter 11B on the California Building Code.
11. PLANS: The plans for this public building project shall be prepared under the direct
supervision of a licensed Architect or Engineer. (Business and Professionals Code Section
5538).
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
12. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of-way shall be kept clear of all job
related dirt and 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 a special permit is issued. The developer'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 Town
performing the required maintenance at the developer's expense.
13. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the applicant/developer to obtain any necessary encroachment permits
from affected agencies and private parties, including but not limited to, Pacific Gas and
Electric (PG&E), SBC, Comcast, Santa Clara Valley Water District, California Department of
Transportation. Copies of any approvals or permits must be submitted to the Town
Engineering Department prior to releasing of any permit.
14. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
15. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a co ndition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
16. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the 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.
17. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review
at the Engineering Division of the Parks and Public Works Department
18. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
19. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer shall
notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed
changes. Any approved changes shall be incorporated into the final "as-built" plans.
20. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos,
Community Development Department.
21. 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. 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.
22. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent public
right-of-way shall be kept clear of all job related dirt and debris at the end of the day.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
23. Review of this Development proposal is limited to acceptability of site access and water
supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
24. Specific fire department conditions or requirements will be provided for architectural
plans when submitted. Fire department access and water supplies are compliant with
current requirements.
25. NOTE: Temporary wiring for electrical power and lighting installations is allowed fo r a
period not to exceed 90 days. Temporary wiring methods shall meet the applicable
provisions of CEC. CFC 605.9.
26. Canopy shall be provided with an approved covering that meets the fire propagation and
performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 or
has a flame spread index not greater than 25 when tested in accordance with ASTM E84
or UL 723. All fabrics and all interior decorative fabrics or materials shall be flame
resistant in accordance with the provisions set forth in CCR, Title 19, Division 1, Chapter 8.
Tops and side walls shall be made either from fabric that has been flame resistant treated
with an approved exterior chemical process by an approved application concern, or from
inherently flame resistant fabric approved and listed by the State Fire Marshal (see CCR,
Title 19, Division 1, Chapter 8. CBC 3105.4.
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