Item 4 - Exhibit 03 - Recommended Conditions of ApprovalN:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\1-9-19\Item 4\Item 4 - Exhibit 3.docx
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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