Item 05 - 50 University Ave, Ste. 180 - Staff Report & Exhibits 1-10TOWN OF LOS GATOS ITEM NO: 5
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 28, 2016
PR EPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT:
PROP E RTY OWNER:
CONTACT PERSON:
APPLICATION
SUMMARY:
Joce lyn Puga, Associate Planner
jpuga@ losgatos ca. go v
Conditional Use Permit U-16-004
50 University Avenue, Suite 180 (east side of University Avenue,
approximately 500 feet north ofW. Main Street)
Mark English Architects
Sri Old Town LLC
Steve Hauck, Wine Cellar
Requesting approval to modify an existing Conditional Use Permit for
a re s taurant (Wine Cellar) to allow for an increase of 60 additional
seats, to modify th e di stribution of existing seating, and to allow
entertainment before 10:00 p.m. on property zoned C-2: LHP:PD.
APN 529-02-044.
DEEMED COMPLETE: August 9, 2016
FINAL DATE TO TAKE ACTION: February 9 , 2017
RECOMM ENDATION : Forward a recommendation of approval to the Town Council
PROJECT DATA: General Plan Designation :
Zoning Designation:
Applicable Plans & Standards:
Central Business District
C -2:LHP:PD, Central Business
District, Landmark Historic
Preservation, Planned Development
None
Parcel Size:
Surrounding Area:
i Existing Land
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North , Residential
East --~ Los GatosC reek
i & Highway 17
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west-T Co-mm~rcial __ _
4.1 7 acres
I General Plan ! Zoning
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j Centr~! Bu~ine~s _ _Di~!!:i~t
Central Business District
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C-2:LHP c-· ---
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Planning Commission Staff Report -Page 2
50 University Avenue, Suite 180/U-I6-004
September 28, 2016
CEQA:
FfNDINGS:
As required, pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, this
project is Categorically Exempt, Section 1530I: Existing Facilities.
• As required , pursuant to the adopted Guidelines for the
Implementation ofthe 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
Conditional Use Permit.
• That the project is in conformance with Planned Development
Ordinance 2025.
• That the project is consistent with the Redevelopment Plan for the
Central Los Gatos Redevelopment Project area.
ACTION: Recommendation to the Town Council
EXHIBITS: I . Location Map
BACKGROUND:
2. Required Findings (one page)
3. Proposed Conditions of Approval (four pages)
4. Resolution 2005-092 and the Existing Conditions of Approval
(five pages)
5. Town Alcoholic Beverage Policy, including Exhibit A (six
pages)
6. Planned Development Ordinance 2025 (20 pages)
7. Project Description (one page), received August 9, 2016
8. Letter of Justification (two pages), received August 9, 2016
9. Letter from the landlord approving the allocation of parking (one
page), received June 7, 2016
10. Policy Number 1-03 Regulating Late Night Entertainment, dated
June 22, 2016 and Council Agenda Report, dated June 13, 2016
(seven pages)
II. Development plans (five sheets) received August 9, 2016
The subject site is located on the east side of University Avenue. In 1977, the Town Council
adopted an ordinance that required all restaurants to obtain a Conditional Use Permit (CUP). All
pre-existing restaurants were categorized as nonconforming and given a 20-year amortization
period to obtain a CUP. On February I 0, 1999 the Town Council approved a CUP to legalize the
existing restaurant with outdoor seating and full alcohol service. On October 2I, 2002 the Town
Council approved a request to modify the CUP to extend the hours of operation to 2:00 a.m.
seven days a week and to amend the hours on Saturday and Sunday to allow for an opening time
of9:30 a.m . On August 15, 2005 the Town Council approved a request to modify the CUP to
allow for an increase in the number of seats from 100 to 140 but denied a request for increased
Planning Commission Staff Report -Page 3
50 University A venue, Suite 180/U-16-004
September 28, 2016
entertainment. The existing CUP permitted unamplified acoustic music Thursday through
Saturday. The applicant proposed amplified music and dancing seven days a week. The
Council's decision to deny the request for increased entertainment was based in part on the
Alcohol Beverage Policy that requires the adoption of standards and a permit process, which had
not occurred, and the applicant's inability to compromise (Exhibit 4).
Late Night Entertainment Policy
At a series of Study Sessions in late 2015, the Council received public testimony regarding
alcohol beverage service and entertainment. The Council directed staff to explore and bring
back a variety of economic vitality and business related topics including a framework for an
ordinance or operational permit for alcohol and entertainment. The Policy Committee reviewed
the work completed over the last several years for alcohol and entertainment, noting that the
complexity that continues to arise during these discussions is due to the difference between
issues associated with alcoholic beverage consumption versus those regarding entertainment. As
a result , the Policy Committee recommended that the two topics be separated and that the
Council consider only a policy on entertainment.
In June of2016, the Town Council adopted, at the recommendation of the Policy Committee, a
Late Night Entertainment Policy allowing entertainment complying with the currently adopted
noise ordinance by right before 10:00 p.m., and allowance for late night entertainment after
10:00 p.m. with the approval of a separate Late Night Entertainment permit. This action is
consistent with the Town Council's adopted Strategic Priority to strengthen the Town's
economic vitality and provide businesses with greater opportunity for customer attraction and
retention.
Those establishments with existing CUPs that do not have conditions specifically allowing
entertainment fall into three categories: those with a CUP that is silent on entertainment; those
with a CUP that states they must comply with the Town's provisions on entertainment; and those
with a CUP that does not allow entertainment and/or amplified sound. For the first two
categories of CUPs, the businesses are able to observe the new regulations with the adoption of
the proposed policy. Businesses that are not allowed to have live entertainment and/or amplified
sound, such as the subject restaurant, are required to submit applications for modification to their
existing CUPs.
PROJECT DESCRIPTION:
A. Conditional Use Permit
The applicant is requesting approval to modify their existing CUP to allow:
• An increase in the number of permitted seats from 140 to 200;
Planning Commission Staff Rep o rt -Page 4
50 University A venue, Suite 180/U -16-004
September 28 , 2016
• Modification of the di stribution of their allowed seating in the existing bar, dining,
and outdoor area; and
• Removal of the condition which restricts entertainment pursuant to th e Pol i cy for
Late Night Entertainment (Exhibit 11 ).
When reviewing a CUP , the deciding body should consider the information in the
applicant's business plan; however, the key consideration should be the explicit proposed
u se since the business plan can change from owner to owner. The explicit use may be, and
is often, defined in the recommended conditions of approval a s a "u se" condition. The
CUP runs with the land, and the deciding body should review applications based on the
explicit use as opposed to the applicant or the applicant's business plan.
B. Location and Surrounding Neighborhood
The subject site is located east side of University Avenue, approximately 500 feet north of
W . Main Street. The property abuts commercial properties to the south and west, residential
to the north, and the Los Gatos Creek and Highway 1 7 to the east.
C . Zoning Compliance
The zoning for the property is C-2:LHP :PD (Central Business Di strict, Landmark Historic
Preservation, Planned Development). The C-2:LHP:PD zone permits a restaurant s ubject to
the approval of a CUP.
ANALYSIS:
A. Project Summary
The applicant is requesting approval for a conversion of2,661 square feet to accommodate
an expansion of the existing 3 ,186-square foot restaurant. The uses of the areas proposed
for the expansion are: 881 square feet of office, electrical/maintenance and storage area;
and 1,780 square feet of vacant space that was formerly occupied by a retail tenant
(Borders).
The renovation of the existing office, storage, and mechanical areas would allow for the
existing restaurant and proposed private dining rooms to connect through a new corridor.
A new office and two additional restrooms are proposed as part of the expansion (Sheet
A2.1 , Exhibit 11 ).
The existing CUP permits a maximum of 140 seats. The applicant is requesting approval
for an additional 60 seats resulting in a total of 200 seats. The 60 seats would be
distributed between two new dining areas for private events. There are 16 seats proposed
for Dining Area Two and 44 seats proposed for Dining Area Three (Sheet A2 .1, Exhibit
11 ).
Planning Commission Staff Report -Page 5
50 University Avenue, Suite 180/U-16-004
September 28 , 2016
The applicant is also proposing to modify the approved distribution of seating allowed in
the bar, dining, and outdoor areas. Condition 2 of the existing conditions of approval states
that a maximum of 140 seats are allowed -79 dining seats, 15 inside bar seats, and 46
outdoor dining seats (Exhibit 4). The applicant is requesting to reduce the number of seats
in the dining area from 79 to 72, reduce the number of seats in the bar area from 15 to 1 0,
and increase the number of seats in the outdoor area from 46 to 58. The applicant stated in
their letter of justification that there is a demand for outdoor seating and by reallocating the
seats the restaurant will be able to provide more options to residents and visitors looking
for quality restaurants with outdoor dining (Exhibit 8).
B. Alcoholic Beverage Policy (ABP)
The Town Code requires any new or changes to existing service of alcoholic beverages to
be considered with a CUP. The deciding body is the Town Council with a recommendation
by the Planning Commission.
The two new private dining areas, just like the entire restaurant, would be required to
provide full meal service with all alcohol sales. The request is consistent with the Town
Code and the existing Alcoholic Beverage Policy (Exhibit 5). The private dining rooms
would utilize the same hours of the existing restaurant: 11:00 a.m. to 2:00 a.m. Monday
through Friday and 9:30 a.m. to 2:00 a.m. Saturday and Sunday.
The Police Department has reviewed the application, and has no comments or concerns.
C. Parking
The existing and the proposed use require one parking space for every three seats. The
larger property (Old Town) has credit for 464 spaces in the Parking Assessment District and
provides 199 spaces onsite for a total of 663 parking spaces. 4 7 parking spaces are allocated
to the existing use in compliance with the required parking. The landlord for the property
has agreed to allocate an additional 20 parking space credits to the tenant (Wine Cellar) to
accommodate the proposed addition of 60 seats (Exhibit 9).
D. Traffic
The applicant is proposing a 2,661-square foot expansion to an existing 3 , 186-square foot
restaurant. Of the 2,661 square feet of space proposed for the addition, 881 square feet is
currently being used as office, electrical/maintenance and storage area (shopping center
use), and the remaining 1,780 square feet was formerly occupied by a retail tenant (retail
use). The application's increase of 60 seats of quality restaurant does not increase traffic
beyond the previous retail use and shopping center use and would not require payment of
traffic impact fees.
Planning Commission Staff Report -Page 6
50 University A venue, Suite 180/U-16 -004
September 28 , 2016
E. Late Night Entertainment
The applicant is requesting a modification to the existing CUP in the form of removal of a
condition limiting entertainment to acoustical music inside of the restaurant three days a
week and prohibiting amplified music inside or outside the restaurant (Exhibit 4). The
following represents the proposed modifications:
Existing Condition of Approval
Acoustical musical entertainment is permitted inside only and shall be limited to
Thursday, Friday, and Saturday only. There shall be no amplified music inside or outside
the restaurant.
Proposed Condition of Approval
Entertainment before 10:00 p .m . in conformance with the Town Policy Regulating Late
Night Entertainment is allowed.
F . General Plan
The goals and policies of the 2020 General Plan applicable to this project includes but is
not limited to:
• Policy LU-9.2-Maintain a variety of commercial uses, including a strong Downtown
commercial area combined with Los Gatos Boulevard and strong neighborhood
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.
• Policy CD-1 0.2 -Encourage outdoor seating for restaurants/coffee shops when the
historic character and quality of the Downtown and adjacent neighborhoods can be
maintained.
G. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
H. Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
The Redevelopment Plan contains a Redevelopment Land Use Map that designates
proposed land uses to be permitted in the Central Los Gatos Redevelopment Project Area.
The subject property is designated commercial and, per the Redevelopment Plan, shall be
Planning Commission Staff Report -Page 7
50 University Avenue, Suite 180/U-16-004
September 28 , 2016
used for the general commercial uses set forth and described in the Town 's General Plan.
The proposed use falls under general commercial uses.
I. Conditional Use Permit Findings
In order to grant approval of a Conditional Use Permit, the hearing 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 will 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 ofthe Town Code.
The proposed use is desirable to the public convenience and welfare in that it will provide
high quality indoor and outdoor dining options for residents and visitors. The proposed use
will not impair the integrity and character of the zone in that the proposed use maintains an
existing restaurant use with full bar service in a commercial zone. The proposed use will
not impact public health, safety or general welfare as the conditions regarding operating
hours and seating would mitigate potential impacts. The use complies with the objectives
of the General Plan and Town Code as discussed within this report.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION :
A . Conclusion
The applicant is proposing a 2,661-square foot expansion to allow for two private dining
areas with 60 new seats, a modification to the distribution of the existing seating to allow
for more outdoor seating, and removal of the condition which prohibits entertainment
pursuant to the Policy for Late Night Entertainment. The proposed use complies with the
required parking and will not have impacts to traffic. The applicant's proposal complies
with the Town 's Alcoholic Beverage Policy.
B. Recommendation
Based on the above information, staff recommends the Planning Commission forward a
recommendation of approval to the Town Council. If the Planning Commission finds merit
with the proposal , it should:
Planning Commission Staff Report-Page 8
50 University A venue, Suite 180/U-16-004
September 28, 2016
1. Make the finding 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 required findings as required by Section 29.20.190 ofthe Town Code for
granting approval of a Conditional Use Permit (Exhibit 2); and
3. Make the finding that the project is in conformance with Planned Development
Ordinance 2025 (Exhibit 2); and
4. Make the required finding as required by Section IV.B of the Redevelopment Plan for
the Central Los Gatos Redevelopment Project that it meets the u se set forth in the
Town 's General Plan (Exhibit 2); and
5. Recommend approval of Conditional Use Permit application U-16-004 to the Town
Council with the conditions contained in Exhibit 3 and development plans contained in
Exhibit 11 .
If the Commission has concerns with the proposed use, it can :
1. Continue the matter to a date certain with specific directions; or
2. Recommend approval ofthe application with additional and/or modified conditions;
or
3. Recommend denial of the application to the Town Council.
J ocelyn Puga
Associate Planner
JSP:JGP :cg
pproved by:
Joel Paulson, AICP
Director of Community Development
cc: Steve Hauck, 50 University A venue, Suite 180, Los Gatos CA 95030
Mark English Architects , 523 Francisco Street, San Francisco , CA 94133
Felice Arredondo, Federal Realty, 356 Santana Row , San Jose , CA 95128
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PLANNING COMMISSION -September 28, 2016
REQUIRED F I NDINGS FOR:
50 University Avenue, Suite 180
Conditional Use Permit Application U-16-004
Requesting approval to modify an existing Conditional Use Permit for a restaurant (Wine
Cellar) to allow for an increase of 60 additional seats, to modify the distribution of existing
seating, and to allow entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
APN 529-02-044.
PROPERTY OWNER: Sri Old Town LLC
APPLICANT: Mark English Architects
CONTACT PERSON: Steve H auck, Wine Cellar
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 .
Required fmdings for a Conditional Use Permit:
• As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
(1) The proposed use is desirable to the public convenience and welfare in that it w ill provide
high quality indoor and outdoor dining options for residents and visitors; and
(2) The proposed use will not impair the integrity of the zone, in that the proposed use
maintains an existing restaurant use with full bar service in a commercial zone; and
(3) The proposed use will not be detrimental to public health, safety or general welfare, as
the conditions regarding operating hours and seating on the permit will mitigate potential
impacts; and
(4) The proposed use is in harmony with the General Plan and Town Code.
Required Compliance with Planned Development Ordinance 2234:
• The Conditional Use Permit is in conformance with Planned Development Ordinance 2025.
Required fmding for the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area:
• That the proposed project is consistent with the Redevelopment Plan for the Central Los
Gatos Redevelopment Project Area (Section IV.B) in that the subject property is de signated
commercial and the proposed use falls under general commercial use s.
N:\DEV\FIND INGS\20 16\5 0Uni versity _Suite 180.docx
EXHIBIT 2
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PLANNING COMMISSION -September 28,2016
CONDITIONS OF APPROVAL
50 University A venue, Suite 180
Minor Architecture and Site Application S-16-0 17
Requesting approval to modify an existing Conditional Use Permit for a restaurant (Wine
Cellar) to allow for an increase of 60 additional seats, to modify the distribution of existing
seating, and to allow entertainment before 10:00 p.m. on property zoned C-2:LHP:PD.
APN 529-02-044.
PROPERTY OWNER: Sri Old Town LLC
APPLICANT: Mark English Architects
CONTACT PERSON: Steve Hauck, Wine Cellar
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning D i vision
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, Development Review Committee or the Planning
Commission 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. RESTAURANT USE: A quality restaurant and full service bar is permitted.
4. HOURS : The hours of operation for the restaurant shall be 11:00 a.m . to 2:00 am . Monday
through Friday and 9 :30 a.m. to 2 :00 a.m . Saturday and Sunday.
5. SEATS: The maximum allowed seating is -l4G 200 (f9 72 inside dining seats , H 10 bar
seats, 46 58 outside dining seats, and 60 private dining seats).
6. ALCOHOL SERVICE : No alcoholic beverages outside of the bar area shall be served
without meal service. A meal is defined as a combination of food items selected from a
menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels,
potato skins, relish trays, etc. (hot or cold) are not meals.
7. ENTERTAINMENT: Acoustic musical entertainment is permitted inside only and shall be
limited to Thursday, Friday, and Saturday oftly. There shall be no amplified musie inside or
outside the restaurant.
7. ENTERTAINMENT. Entertainment before 10 :00 p.m. in conformance with the Town
Policy Regulating Late Night Entertainment is allowed.
8. RECYCLED CONTAINERS : Any take-out food shall be served in containers made of
recycled materials .
9. REUSABLE CONTAINERS: Pursuant to Town Code all on-site meals shall be served
with re-usable dishware and utensils .
10. 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 pursuant
to Section 29 .20.340 of the Zoning Ordinance.
11. 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
.EXHl.tH T 3
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.
12 . COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
13. GENERAL: The restaurant is subject to the following:
a. Uniformed privately provided security guards may be required in or around the
premises by the Chief of Police if alcohol related problems recur that are not resolved
by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on
alcoholic beverage service to the general public.
c. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association.
d. All licensed operators shall have and shall actively promote a designated driver
program such as complimentary non-alcoholic beverages for designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
Building Division
14. PERMITS REQUIRED: A Building Permit shall be required for any and all alterations to
the existing commercial building. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
15 . 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 p ermit application detailing how the Conditions of
Approval will be addressed.
16. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", maximum
size 30" x 42".
17. DEMOLITION REQUIREMENTS: Be sure that all utilities have been di sco nnected or
"Safe Back" to disconnect. No demolition work shall be done without first obtaining a
Permit from the Town.
18. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
forms must be blue-lined on the plans including lighting compliance resulting from lighting
changes and for the mandatory measures.
19 . TITLE 24 ACCESSIBILITY-COMMERICAL: For any proposed tenant improvements ,
on-site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include , but not be limited to, accessibility to building
entrances from parking facilities and sidewalks. Necessary work shall first be investigated
by the design Architect and then confirmed by Building Division Staff.
20. PLANS: The plans for this commercial building project shall be prepared under the direct
supervision of a licensed Architect or Engineer. (Business and Professionals Code Section
5537)
21. APPROVALS REQUIRED: The proj ec t requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division : Jocelyn Puga at (408) 354-6875
b. Santa Clara County Fire Department: (408) 378-4010
22. ADVISORY COMMENTS for EXTERIOR MODIFICATIONS & TENANT
IMPROVEMENTS:
a. In addition to all new work complying with the Code for accessibility, when existing
Buildings are altered or remodeled they must be made acces sible to persons with
physical disabilities in accordance with the CBC Section 1 JB-202, "Accessibility for
Existing Buildings". Existing accessibility features and/or elements required to be
accessible in order of priority include: (a) Accessible main entrances with required
signage and door hardware and 24 " strike side clearance; (b) Accessible route to altered
area (including parking space and path of travel from public way and necessary
signage ); and (c) Accessible Restrooms.
b. IfTenant Improvements are made and the cost of these alterations or remodeling is less
than a threshold amount (currently at $150,244.00) and the cost to provide all those
features listed above is disproportionate to the improvement costs (i.e. more than 20%
of the budget), then the Owner is only required to provide disabled access upgrades to
20% of the project budget or the plans shall show full accessibility compliance. Please
obtain the Town 20% Rule Form from the Town Permit Counter or download from the
Town of Los Gatos website at www.losgatos ca.gov and completely fill it out showing
all the required upgrades that will be provided and their costs. This form must be
permanently affixed (i .e. blue-lined, sticky-backed) onto the plans .
c. Exiting and Occupant Load shall be in strict compliance with California Building Code
Chapter 10. A minimum of two exits, adequately separated, are required from the new
dining area.
d. Maintain a minimum aisle width of 36 inches.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS :
Engineering Division
23. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards . 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 . The 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 Applicant's expense.
24. 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.
25 . PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
26. CONSTRUCTION STREET PARKING: No vehicle having a manufacture 's rated gross
vehicle weight exceeding ten thousand ( 1 0,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
27. CONSTRUCTION HOURS : All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00a.m. to 8:00p.m., weekdays
and 9:00a.m. to 7:00p.m. weekends and holidays. The Town may authorize, on a case-by-
case basis, alternate construction hours. The 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.
28. CONSTRUCTION NOISE: Between the hours of 8:00a.m. to 8:00p.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) dB A.
29. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan that shall incorporate at a
minimum the Project Schedule, employee parking, construction staging area and proposed
outhouse locations , as applicable.
30. 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 storing of
goods and/or 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 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 an encroachment permit is issued. The 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 Applicant's expense.
31. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
32. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the Applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
33. FIRE SPRINKLERS: Modification of the existing fire sprinkler system will be required. A
State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work. NOTE: The owner(s), occupant(s), and
any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor
of record in order to determine if any modification or upgrade of the existing water service
is required CRC Sec. 313.2 as adopted and amended by LGTC.
34. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply sys tems or storage containers that ma y be
physically connected in any manner to an applicant capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
35. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers , building numbers, or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers or
alphabetic letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a
minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
36. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and Standard Detail and Specification SI-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the project.
N:\DEV\CONDITIONS\20 16 \UniversitySOS uite 180.docx
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RESOLUTION 2005-092
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A REQUEST TO MODIFY A CONDITIONAL
USE PERMIT FOR A RESTAURANT TO INCREASE THE NUMBER OF SEATS AND
DENYING A REQUEST TO INCREASE ALLOWED ENTERTAINMENT
CONDITIONAL USE PERMIT: U-03-7
PROPERTY LOCATION: 50 UNIVERSITY AVENUE, SUITE 180
PROPERTY OWNER: FEDERAL REALTY
APPLICANT STEVE HAUCK
WHEREAS:
A. This matter came before Council for public hearing on June 20, 2005 on a
recommendation by the P lanning Commission, was regularly noticed in conformance with State
and Town law and was continued to August 1, 2005 for decision by Council.
B. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. 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 Reports dated June 15, 2005 and July 28,
2005, along with subsequent reports and materials prepared concerning this application.
C.· The applicant seeks approval to modify an existing conditional use permit for a
restaurant to increase the number of seats (from 100 to 140) and to intensify permitted
entertainment from unamplified acoustic music Thursdays through Saturdays to amplified music
and dancing seven days a week.
D. The Planning Commission considered this matter on May 25, 2005. Because the
application concerns the Town's Alcohol Policy, the Commission's action constitutes a
recommendation to Council. The Commission recommended approving the reques t to increase
the number of se ats but to only allow the ad dition of "amplified acoustic mu sic " in the restaurant.
N:\ATY\Reso lution s co mplet e\ WINE CELLAR RESO .wpd EXHIBIT 4
E. s ·taffpresented five (5) alternatives, all of which allowed the requested increase in
seating and, regarding entertainment, allowed a range of additional entertainment from the level
sought by the applicant to a no change option . Council approves the option that increases the
number of seats but does not allow additional entertainment. Council's decision was based in part
on the Alcohol Policy that requires the prior adoption of standards and a permit process, which
has not occurred, and the applicant's apparent inability to compromise.
F. Council finds as follows:
1. As required by Section 15301 of the State Environmental Guidelines as
adopted by the Town this prqject is Categorically Exempt.
2. The provisions of Town Code section 29.20.190 for granting of a
Conditional Use Permit have been met. In making this finding, Council incorporates herein by
this reference the findings of the Planning Commission made on May 25, 2005 in recommending
partial approval ofthis application.
RESOLVED:
1. The request to modify Conditional Use Permit U-03-7 is approved to allow for
increase in seating and deny an increase in allowed entertainment.
2. Conditions of approval, attached hereto as Exhibit A, are applied to this
Application.
2. The decision constitutes a final administrative decision pursuant to Code of Civi l
Procedure section 1094.6 as adopted by section 1.10.085 ofthe Town Code ofthe Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time li mits
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
N :\ATY \Res olutions co mpl et e\ WI NE CELLAR RES O .w pd 2
.. .
Gatos, California on the l51h day of August, 2005, by the following vote.
COUNCIL MEMBERS :
A YES : Steve Glickman, Diane McNutt, Joe Pirzyns ki, Mayor Mike Wasserman.
NAYS: None
ABSENT : None
ABSTAIN: Barbara Spector (Recused)
ATTEST:
Is/ MarLyn J. Rasmussen
CLERK ADMINISTRATOR
SIGNED:
TOWN OF LOS GATOS, CALIFO~IA
N:\ATY\Resol uti ons co mplete\ WINE CE LLA R RESO .wpd 3
Is/ Mike Wasserman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
ALTERNATIVE 5
SO University Avenue Suite 180
Conditional Use Permit U-03-7
Requesting approval to modify a Conditional Use Permit to legalize the increase in the
number of seats, to modify the type of allowed entertainment and to increase the days
when entertainment is available on property zoned C-2:PD:LHP. APN 529-02-044
PROPERTY OWNER: Federal Realty
APPLICANT: Steve Hauck (Wine Cellar)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. EXPIRATION. Zoning 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.
2. SEATS. The maximum seating allowed is 140 (79 inside dining seats, 15 inside bar
seats, and 46 outside dining seats).
3 . ALCOHOLIC BEVERAGES. No alcoholic beverages outside of the bar area shall be
served without meal service. A meal is defined as a combination of food items selected
from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos,
pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. .
4 . UTENSILS. All meals shall be served on reusable utensils.
5. HOURS OF OPERATION. The hours of operation are as follows:
Saturday and Sunday-9:30 AM to 2:00AM.
Monday through Friday-11 :00 AM to 2 :00 AM.
6. RESTAURANT USE. A quality restaurant and full service bar is permitted.
7 . ENTERTAINMENT. Acoustic musical entertainment is permitted inside only and shall
be limited to Thursday, Friday, and Saturday only. There shall be no amplified music
inside or outside the restaurant.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS :
(Engineering Division)
8. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a
proportional to the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the use permit is issued . The fee shall be paid within
30 days of use permit approval. The traffic impact mitigation fee for this project, using the
current fee schedule and the preliminary plap.s is $12,300. This preliminary fee is based on
the addition of 40 seats to the existing approved 1 00-seats . The project will generate 115
additional daily trips (2.86 daily trips per seat), and 11 PM peak hour trips (0.26 peak hour
trips per seat). The final fee shall be calculated from the final plans using the rate schedule
in effect at the time of the use permit is approved, using a trip generation rate based on high
Page 1 of 2
quality restaurant use.
TO THE SATISFACTION OF THE POLICE CHIEF:
9. GENERAL. The re s taurant/bar is subject to the following:
r
(
a. Uniformed privately provided sec urity guards may be required in or around the premises
by the Chief of Police if alcohol related problems recur that are not re so lved by the
licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on-going employee training on alcoholic
beverage service to the general public.
c. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages for designated drivers.
e . Taxicab telephone numbers shall be posted in a visible location.
10. OUTDOOR DINING. A host/hostess station shall be staffed at the entrance to the outside
dining area.
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\ I
RESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC ;BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages , if not regulated, can jeopardize public safety,
'•
result in an increase of calls for police services and compromise the quality of life for Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2 , 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing serv~ce, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
EXHIBIT 5
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PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 Th <lay
of September, 2001, by the following vote:
COUNCIL MEMBERS:
A YES : Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
-
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK Of' THE TOWN OF LOS GATOS
LOS GATOS·~ CALIFORNlA . .
~~ ~ .
{ .. ~.WO:a TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
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POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
The consumption or service of alcoholic beverages, if not regulated, can jeopardize public
safety, result in an increase of calls for police services and compromise the quality of life for
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or ~ools, the concentration of establishments in an area serving
alcoholic beverages or for other reasons that may arise at the public hearing . ·
The deciding body may approve a conditional use permit to serve alcoholic beverages based
on the merits of the application and subject to the following requirements :
ll. General policy
1. The Town shall continue to strongly discourage new applications for stand alone bars
or restaurants with separate bars .
2 . The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process ar~ adopted.
4 . Alcoholic beverage service for new conditional use permit applications or applications
for modification of a conditional use pennit shall not be allowed :
A After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays .
B . After 1 AM Friday, Saturday, holidays or evenings before holidays .
An existing establishment with a conditional use ·pe~t in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Exhibit A
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Town of Los Gatos
Alcoholic Beverage Policy
Page2of4
5 . Any establishment serving alcoholic beverages shall be subject to the following:
A Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
·not resolved by the licensed owner.
B. At the discretion of the Chi~ ofPolice, periodic meetings will be conducted
with representatives from the Police Department for on-going employee
training on alcoholic beverage service to the general .public .
. c. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Californian
restaurant Association .
D . All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for designated
drivers. ·
E . Taxicab telephone numbers shall be posted in a visible location.
6. The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic bever:ages past 1 OPM:
A Late night service will not adversely impact adjacent residential
neighborhoods .
B. The applicant does not have a history of complaints and non-compliance with
local ordinances or the Alcoholic Beverage Policy .
C. The applicant has demonstrated a clear benefit to the community.
7. A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner). Appetizers such as popcorn. nachos, pretzels, potato skins, relish
trays, etc. (hot or cold) are not meals .
8 . ·Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
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Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of4
m Specific PoUcy
1. Restaurants:
Alcoholic beverages may only be served with meals .
2 . Restaurants With Separate Bars:
Alcoholic beverage service is permitted in the dining area only in conjunction with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
holidays, whichever is earlier, if late night bar service is available. Specific hours of
operation for each establishment are determined upon issuance of a conditional use
permit.
IV. Review Process
1. Proposals for new bars or restaurants with bars and all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission.
The Commission will make a recommendation to the Town Council and the Council
shall have fin~ review authority.
2 . Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the· Community Development Department. The following process will
be followed :
a . The Director of Community Development shall contact the new business
owner to make them aware ofthe conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
c . If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation ofthe
use permit .
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Tuwn of Los Gatos
Alcoholic Beverage Policy
Page4of4
d. If there are violations of the use permit that have not been voluntarily
corr~ted by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29.20.310 of the Zoning
Ordinance . ·
e. Pursuant to Section 29 .20.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional ·use permits issued to eStablishments for alcoholic beverage service on-site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager
to take enforcement actio~ if it is determined that the sale of alcohol has become a nuisance
to the Town's public health, safety orwdfare. Enforcement of section 29 .20 .310(b) of the
Town Code will be based on, but not limited to, the following factors:
I. The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;
n. The number of complaints received from resideuts ad other citizens concerning the
operation of an establishment;
Ill.. The number of arrests for alcoho~ drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be aright of development . The Town retains
the right of review and approval (or denial) of each project based on its merits.
ORDINANCE 2025
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM C-2 LHP TO C-2 PD LHP AT 50 UNIVERSITY A VENUE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning at 50
University Avenue shown on the map which is attached hereto marked Exhibit A and is part of
this Ordinance from C-2 LHP (Central Business District-Landmark Historic Preservation) to C-2
PD LHP (Central Business District -Planned Development -Landmark Historic Preservation).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of the Steamer's building and numerous accessory structures (shown
on the Official Development Plan, sheet 3) and the partial demolition and
reconstruction of the Old Town Center. The Old Town Center will be considered
demolished by Town Code (definition of demolition of an historic structure) sinc e
more than 25 percent of the front exterior walls will be removed, and more than
50 percent of all exterior walls will be removed . The building however , will not
be demolished and interior walls will remain;
2. Construction of an underground parking garage with retail above, new commercial
building adjacent to St. Luke 's Church (20 University Avenue), and
reconfigurati on of the parking lor as shown on the Official Development Plan;
N :\S 1-LA..RE\A TY 12 16 . 12 EXHIBIT 6
3. Changing the use of the auditoriwn to a retail use. A theater use is a permitted use
within the existing auditorium, the amphitheater or elsewhere on the site;
4. Landscaping, streets and other improvements shown and required on the Official
Development Plan;
5 . a. Relocation of the Steamer's restaurant to another space within the project site ,
subject to the conditions of Steamer's most current Conditional Use Permit
[216 seats].
b . The existing restaurants (Wine Cellar-Suite 12 [49 seats]; California Cafe-
Suite 8 [208 seats]; and the Waves (or new tenant)-Suite 1 [91 seats]), are
permitted to remain in the existing Old Town Center building subject to their
conditions of their Conditional Use Permit; any changes to their use or
relocation within the Center on either side of University Avenue or increase
in seating, will require a modification to the applicable Conditional Use
Permit.
6. Uses permitted are those specified in the C-2 (Central Business District) zone by
Sections 29 .60.320 (Permitted Uses) and 29.20 .185 (Conditional Uses) of the
Town Code , as those sections exist at the time of the adoption of this Ordinance ,
or as they may be amended in the future. However, no use listed in Section
29 .20 .185 is allowed unless specifically authorized by this Ordinance, or by
Conditional Use Permit .
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply , except when the Official Development Plan
specifically shows otherwise .
N :\SHARE\A T Y 121 6 .12 2
SECTION IV
Architecture and Site Approval is required before there are exterior changes to the Old
Town Center, demolition of the Steamer's building and construction work of the parking lot , new
buildings and reconstruction of the Old Town Center is performed , whether or not a permit is
required for the work and before any permit for construction is issued. Construction permits shall
only be in a manner complying with Section 29.80.130 of the Town Code. Interior work of the
Old Town Center is pennitted to bring the building up to current Building Code and does not need
Architecture and Site approval. A Building Permit and other applicable pennits may be required
for the interior work.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Tentative Map and Development Plans, 20
sheets), are part of the Official Development Plan . The following must be complied with befo re
issuance of any grading, demolition or construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR :
(Planning Section)
1 . PARCEL. The parcel shall remain as one parcel.
2 . HOLD HARMLESS . The developer has requested the Town's approval and has had the
opportunity to review, comment and accept the process and approval. The developer shall
hold the Town harmless from any claim or litigation alleging that this ordinance or
subsequent approvals obtained by the developer for this project was processed , adop ted ,
or approved in violation of any Federal, State, Town or other local law or regulation of
any kind, and shall pay all costs involved in defending any such claim or litigation,
including attorney fees.
3. PHASING . All buildings may be worked on s imultaneousl y. Twenty Five percent of the
occ upanc y of Building E shall be held until fmal occupancy has been given for the existing
N :\S HA.RE\A TY 1216 . 12 3
Old Town Center and its two parking lots. A map shall be provided prior to the issuance
of a building permit, indicating the tenant spaces of Building E and which units are
proposed to have their occupancy held . During the final occupancy stage, these held units
may be changed with Town approval.
4 . TRASH ENCLOSURE/MECHANICAL EQUIPMENT. Trash enclosures and mechanical
equipment shall be located as far from residential receptors as possible . The enclosures
shall be constructed to provide full screening from residential receptor locations . The
location of the trash enclosures will be reviewed during the Architecture and Site approval
process. The quietest and smallest capacity heating , ventilation, and air conditions
equipment that meets design specifications and Town Noise Ordinance standards shall be
used. The roof equipment for Building D shall be restricted to the east end of the building
and the vent exhausts shall be directed toward the Old Town parking lot.
5. ACCESS EASEMENT . If the trash pickup is proposed at Parking Lot 6, an access
easement shall be required to be obtained from the Town, prior to Architecture and Site
approval. If the easement is not granted , the revised trash pickup area shall be considered
during the Architecture and Site approval process which may require redesign and /or
reduction of building square footage.
6. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials , noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
7. STEAMER'S. The outside seating area for the relocated Steamer's restaurant, will be
reviewed during the Architecture and Site approval process to ensure it meets all Town
Code and Town policy requirements .
8 . CLOSED AREAS . All areas to be closed off within the existing Old Town Center shall
be explicitly documented to ensure that these areas will not and cannot be used in the
future during the Architecture and Site approval process . This documentation of the
N:\SHARE\ATY1216.12 4
closed areas shall be shown on the Architecture and Site plans and building permit plans .
These areas shall visually be shown to be closed off during flnal inspection.
9 . PLAQUES . The two plaques which currently exist on the building , (the history of Los
Gatos plaque and the dedication to teachers and students plaque), shall be saved and
replaced on the building prior to final occupancy .
10 . PARKING SPACES . All parking space s shall conform to current parking requirement
dimensions. Parking spaces in the underground garage next to columns , wall s or similar
obstructions , shall have a minimum width of 9 .5 feet. Parking plans will be reviewed
during the Architecture and Site approval process.
11. RESTROOMS . The restrooms located within the buildings , which are not elusively for
an individual office use , shall be available to the general public .
12 . BUILDING D. The back wall (south s ide next to church) shall be painted to match or
harmonize with the existing St. Luke's wall.
13 . BUILDING D ACCESS . Acce ss to the space between Building D and the St. Luke 's wall
may be securely closed to the public and accessible only to the appropriate and permitted
maintenance/landscaping pers onnel .
14 . WALL. The proposed 10 foot high wall along the south property line adjacent to St.
Luke's Church shall not be constructed. The existing eight foot high wall shall remain .
If the church later decides that the wall is needed , and the applicant wishes to install the
wall , it shall be permitted with the appropriate approvals and permits from the Town .
15 . BUILDING E . During the Architecture and Site approval process, Building E shall be
modified as follows :
a . Open up the center pathway . Building could be moved closer to the south
property line to increase width of pathway .
b . Design structure so that it appears to be a co llective o f individual struc tures
th at abut eac h other .
N :\SHARE\ATY I 2 16 .12 5
c . The roof design shall be reflective of the individual structures (break-up
rooflines).
d . Comer tower shall be redesigned into a clipped comer design.
e . Provide more variety in the buildings.
16 . STORE DELIVERIES. The area behind Building E, adjacent to Parking Lot 6 , shall not
be used for deliveries.
17 . SIGNS . A sign program shall be submitted as part of the Architecture and Site approval
process . Arched wrought iron signs advertising Old Town are permitted as shown on the
attached Development Plans (Exhibit B). The margin of measurement for tenant signs
may be reduced to a minimum of one inch around all of the words and symbols . The
actual dimensions shall be finalized during the Architecture and Site approval process with
the sign program. Signs identifying business and the Center shall not be either lighted from
the interior or made of translucent materials.
(Engineering Section)
18. PUBLIC IMPROVEMENTS . The following improvements shall be installed by the
developer. Plans ·for those improvements shall be prepared by a California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or recordation of a map . The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued. At the
time of Architecture and Site Approval for the project, conformance with the Streetscape
Plan for Central Business District Improvements (which ·includes benches and trash
receptacles) will be determined and incorporated with the improvements identified below .
N :\S HARE \A TY 1216.12 6
a . University Avenue . Curb , gutter, "Vill a Hermosa " sidewalk, curb ramp , driveway
approach, street lights, tie-in paving, removal of mid-block cros swalks , signing,
striping , storm and sanitary sewers, as required.
b. Elm Street. Curb , gutter, "Villa Hermosa" sidewalk, curb ramp , street lights, tie -
in paving , signing, striping, storm and sanitary sewers, as required.
c . Mullen Avenue. Curb , gutter, "Villa Hermosa" sidewalk , curb ramp , dri veway
approach, street lights, tie-in paving, sig ning, striping, storm and sanitary sewers,
as required .
19 . HYDRAULIC CALCULATIONS . At the time of the final design of the project, existing
and post-project hydraulic calculation for the project area and as sociated drainage
conveyance facilities between the project and Los Gatos Creek. The hydraulic calculation
should include calculations to confirm the preliminary fmdings of the EIR.
20. MID-BLOCK CROSSWALK. The existing mid-block cross walks shall be removed. No
new mid -block crosswalk shall be installed . The only marked crosswalk to the s ite shall
be at the Elm Street/University A venue intersection and across Mullen A venue at
University Avenue.
21. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the T own
hannless shall be provided in a format acceptable to the Town Attorney before issuance
of the building permit.
22. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvements needed to ser ve
cumulative development within the Town of Los Gatos . The fee amount will be based
upo n the Town Council reso lution in effect at the time the building permit application is
made. The number of trips used in the calculations will be the net additional trips as
shown in Table 5-8 of the E .I.R. by Geier & Geier , dated September 1996. The fee shall
be paid before issuance of the building permit. The traffic impact mitigation fee for this
project using the cu rrent fee sc hedule is $89,280. The fmal fee shall be calcula ted fr om
N :\SHARE\A TY 12 16.12 7
the ftnal plans using the rate schedule in effect at the time of the building permit
application.
23. CHRISTMAS SHOPPING CONSIDERATIONS . Construction shall be scheduled or other
measures implemented, to minimize construction impacts during the Christmas shopping
season.
24. DEWATERING PLAN. Prior to issuance of a building permit , the project applicant shall
prepare a dewatering plan specifying how groundwater would be handled when
encountered during excavation, how temporary excavations would be protected from
groundwater saturation and how permanent foundations would be kept dry from
groundwater as well as from surface water runoff.
25 . EROSION CONTROL PLAN. The project applicant shall prepare and implement an
erosion control plan in conformance with the Town and California Regional Water Quality
Control Board requirements prior to issuance of a building permit. The plan shall account
for existing drainage conditions since most runoff generated on the sunken parking lot site
during the excavation phase would be too low to drain to adjacent storm drains and would
require pumping.
26 . STREET UGHTING. The project applicant shall prepare and submit to the Town during
the Architecture and Site approval process, a street lighting program and plan for all
streets surrounding the proposed project site.
27. TRAFFIC DIVERTER. At the time of Architecture and Site Application, various methods
of preventing Old Town related traffic from using Edelen Avenue from Mullen Avenue
shall be explored. The method of traffic diversion chosen shall also be approved by
Central Fire Protection District.
N :\SHARE\A TY 1216.12 8
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & :MAINTENANCE
SERVICES:
28 . TREE CARE. All tree care activities shall be acco mplished by a licensed, competent tree
care finn as approved by and under the supervision of the Director of Parks , Forestry &
Maintenance Services .
29 . PROTECTIVE FENCING. Prior to any construction or Building Permits being is sued ,
the applicant shall meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. Such fencing is to
be installed prior to, and be maintained during construction.
30. NEW TREES . Newly planted trees shall be double-staked , using rubber tree ties and shall
be planted prior to acceptance of the subdivision.
31. IRRIGATION . No irrigation or planting shall be permitted under the dripline of existing
native trees . All newly planted material shall be irrigated by an in-ground irrigation
system.
32 . CONSTRUCTION. No construction or grading shall take place within the dripline o f
existing trees.
33 . AERATION TUBES . Any impervious area (excluding roadways) encroaching under the
dripline of existing trees shall have aeration tubes installed.
34 . LANDSCAPE PLAN. A precise landscaping plan shall be submitted at the Architecture
and Site Approval stage of development. Planting on the south back of Building D shall
be done in cooperation with St . Luke's Church.
35 . WATER EFFICIENCY . This project is subject to the Town's Water Efficient Landscape
Ordinance as per Chapter 26 Article IV of the Town Code. A review fee based on current
re s olution shall be paid when the land scape , irrigation plans and water calculations are
submitted for rev iew. Plans and fees must be submitted prior to issuance of a building
permit.
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36 . ARBORIST REQUIREMENTS. The following measures from the Coate study (1996)
shall be enforced to minimize damage to the three Oak trees:
a. The foundation which is installed ten feet from the fence, beginning 50 feet
east of the curb , must be of pier and beam foundation design, not standard
L-footing .
b. If an additional wall is installed adjacent to the existing property line wall ,
it shall also be of a pier and grade beam foundation design with the beam
laid on top of the existing grade.
c. When pavement is removed from any area beneath the canopy of one of
these trees, the pavement must be removed by breaking the pavement up
with a jackhammer or by manual labor, and the broken pieces shall be
loaded into a skip loader which is . standing on undisturbed pavement.
Roots which are exposed in the top three inches of soil, with removal of
that pavement, shall be protected from compaction or other damage.
d. Under no circumstances shall equipment be allowed to drive on the exposed
soil once the pavement has been removed until protection has been installed
over the newly exposed roots .
e. The protective surfaces shall include a four inch layer of tree chips over
any surface beneath the tree canopy which is newly exposed.
f. If it becomes necessary to drive construction equipment over any of those
newly exposed areas, 1.5 inch plywood sheets shall be laid over a five inch
layer of tree chips to prevent compaction of the soil by equipment wheels .
g . As part of the contract specifications for the general contractor and all
subcontractors , construction personnel shall not be allowed to prune any of
the Oak tree limbs or branches located direly above construction. An
arborist certified by the International Society of Arboriculture shall be
called to prune the canopy of the trees over the parking lot before
N:\SHARE\A TY 121 6 .12 10
construction begin begins , if any conflicts arise between actual
construction and the tree at later stages of construction, only the arborist
shall be allowed to do additional pruning to solve the problem. All pruning
must follow Western Chapter, International Society of Arboriculrure
Pruning Standards .
h. The two Oak tree s located closest to University Avenue shall be fertil ized
by injecting a liquid fertilizer mix into all areas beneath the canopies of
these trees , including that on the south side of the existing wall . The
fertilizer shall be composed of Greenbelt 22-14-14 soluble fertilizer mixed
at four pounds of fertilizer per 100 gallons of water , and injected at 10
gallons of this mix per one inch of trunk diameter into all areas beneath the
canopy in exposed soil or through bricks where that becomes the only
method by which fertilizer can be supplied to the root zone .
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
37. GENERAL . All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All
work shall conform to the applicable Town ordinances. Adjacent public right-of-way shall
be kept clear of all job related dirt and debris at the end of day . Dirt and debris shall not
be washed into storm sewers . The storing of goods and materials on the sidewalk and /or
street will not be allowed unless a special permit is issued. The developer's representative
in charge shall be at the job site during al l 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 .
38 . PUBLIC WORKS INSPECTIONS . The deve loper or his representative shall notify the
Engineering Construction Inspector at least twenty -four (24) hou r s before starting any
N :\SHARE\A TY 12 16.12 II
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.
39. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans shall
be prepared and submitted to the Engineering Development Section of the Planning
Department. On sites over 5 acres, at Notice of Intent (NOI) and Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the Region Water Quality Control Board.
Grading activities shall be Limited to the period of least rainfall (April 15 to October 1).
A maximum of two weeks is allowed between clearing of an area and stabilizing/building
on this area if grading that is allowed to go on during the rainy season. In addition, straw
bales and plastic sheeting shall be stored on-site for emergency control, if needed. Install
fllter benns, check dams, retention basins, silt fences, and straw bale dikes as needed on
the project site, to protect downstream water quality during winter months .
40. UTILITIES. The developer shall install all utility service, including telephone , electric
power, and other communications lines underground, as required by Town Code
§27 .50 .015(b).
41. 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 . hnprovements such as, but not limited to, curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, or ·signs shall be repaired and replaced to a condition equal to or
better than the original condition. Existing improvements 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 .
N :\SHARE\A TY1216.12 12
42 . CURB RAMPS. The developer shall construct three or four (3 or 4 ) curb ramps
according to State Standard Drawings at the crosswalks at University A venue/Elm Street,
University Avenue/Mullen Avenue and the University Avenue entrance. The exact
number will be determined at the time of Architecture and Site Approval. The acrual
"Case " as shown on the standard to be used will be decided by the Engineering
Construction Inspector during the construction phase .
43 . AS-BUlL T PLANS . After completion of the construction of all work in the public right-
of-way or public easements , the original plans shall have all changes (change orders and
field changes) clearly marked. The "As-built" plans shall again be signed and "wet-
stamped" by the engineer who prepared the plans, attesting to the changes. The original
"As-built" plans shall be reviewed and approved the Engineering Inspector. A photo
Mylar of the approved "As-built" plans shall be provided to the TOWN before the release
of the Faithful Performance Security .
44. DRIVEWAY APPROACH. The developer shall install four (4) Town Standard
Commercial driveway approaches in the locations shown on the Official Development
Plan. The new driveway approaches shall be constructed per Town Standard Detail S-5.
45. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit and will require construction security.
46. GARAGE ACCESS RAMP. The garage access ramp shall be widened to 30 feet. This
will facilitate ingress and egress from the garage and allow the placement of a parking
control station in the future. The ramp shall be clearly signed to prohibit pedestrian use.
47. BUILDING "E" PARKING. The underground garage can be used for construction
worker parking once the Town Building Official has fmaled the private use of the garage.
ln addition , the entrance to the parking garage shall be monitored at all time that it is open
(e.g ., guard, gate , etc .) to ensure it is not used by the public prior to the issuance of a
Certificate of Occupancy for Building "E".
N :\SHARE\A TY 12 16.12 13
48. PARKING CONTINGENCY PLAN. The applicant shall prepare a construction worker
parking contingency plan, to be implemented if directed to do so by the Town, to have
construction workers park off-site . The plan shall include designation of a specific off-site
location for all construction worker parking . This location shall not be within the Central
Business District (C-2 zone) unless Town Council gives the authorization to a specific site,
and workers shall be shuttled from the off-site location. The parking contingency plan
shall be approved by the Director of Building and Engineering Services prior to the
issuance of a building permit.
49. CONSTRUCTION DELIVERIES . All construction deliveries shall be restricted to the
hours between 9:00a.m. and 3:00p.m. to minimize school and downtown impacts. The
applicant should monitor construction activities to ensure that traffic flow along University
are not adversely affected by materials/equipment deliveries. At no time shall street
blockages be pennitted that would impact the mobility of emergency service vehicles.
50 . PEDESTRIAN ACCESS . Construction activities shall be planned and implemented so as
to minimize disruption to pedestrian and vehicular traffic . The sidewalk shall be kept open
on at least one side of each street at all times.
51. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West
Valley Sanitation District at the developer's expense and approved by the Town of Los
Gatos before they are used or reused. Install sanitary sewer lateral clean-outs at the
property line.
52. GREASE TRAPS . Meet all requirements of the County Health Department and West
Valley Sanitation District for the interception, separation, or pretreaunent of effluent for
all existing and new uses.
53 . NOISE REDUCTION. Equipment used for project construction shall utilize control
teclmiques (improved mufflers, equipment redesign , use of silencers, ducts and mufflers)
in order to minimize construction noise impacts. Construction noise shall be minimized
by requiring the project contractors to agree with the following measures :
N :\SHARE\A TY 1216.12 14
a. If the Noise Ordinance noise standard cannot be met at the Mullen Avenue
property boundary or along the church boundary, temporary wooden
fencing shall be erected during construction along that boundary .
b . A member of the project applicant's team shall be appointed to enforce
construction hours allowed by Town Ordinance . The project applicant
shall introduce this person to the T own staff and have this person accessible
to the Town during all site preparation and construction activities.
c. Elimination of unnecessary idling of equipment.
d . Good maintenance and lubrication procedures shall be used on all
construction equipment to reduce operating noise.
54 . HAZARDOUS MATERIALS PLAN. A management plan for hazardous materials shall
be prepared by the developer. This management plan shall identify all suspected
hazardous materials (including contaminated soils, groundwater, PCBs, lead-based paints,
asbestos) and specify applicable regulations that would determine appropriate handling and
disposal of hazardous materials. The management plan shall provide detailed
quantification of the types and quantities of asbestos . The plan shall also provide
guidelines for the handling and disposal of lead-based paints. When handling and
disposing of lead-based paints, appropriate measures shall be required to ensure
compliance with applicable state hazardous waste and OSHA regulations (worker safety).
The plan shall include plans for site safety/worker protection, sampling and investigation,
and disposal/remediation for materials which exceed regulatory action levels and are
detennined to be hazardous . For suspected hazardous materials (contaminated soil and
groundwater) which may be encountered during construction, contingency plans for s ite
safety /worker protection, sampling and investigation , and disposal/remediation shall be
included; these shall be based on soil and groundwater sampling and testing that have
been completed to date . The plan shall be filed with the Town and all other appropriated
agencies. Appropriate contract specifications shall be impose d on construction contractors
N:\SHARE\ATYI216.12 15
for proper handling and disposal of hazardous materials consistent with the required
management plan. The developer shall complete an asbestos survey of the Steamer's
building prior to demolition. The developer shall ensure that all existing asbestos
containing materials are removed, closed off or encapsulated by a licensed abatement
contractor prior to site preparation for renovation, rehabilitation and removal of any
materials or fixtures. This will include undertaking a physical examination of the project
site to determine the amount of each type of material to be closed off, encapsulated or
removed , and mapping areas where asbestos containing materials are to be closed off,
encapsulated and/or removed . An inspection and maintenance 'program shall be developed
for any areas closed off or encapsulated to prevent any fiber release .
55. HAZARDOUS MATERIAL PREPARATION. During demolition and excavation
activities, the developer shall be prepared for the potential of encountering hazardous
materials in areas not already characterized. The developer shall be alerted for visible
evidence of hazardous materials, such as soil discoloration , suspicious odors, or presence
of underground tanks, piping or other buried building materials and shall provide for the
collection of grab samples in the area of suspected contamination.
56 . GROUNDWATER. If groundwater is encountered during project construction and
dewatering is required , the developer shall undertake sampling and testing of the
encountered groundwater in accordance with the contingency sampling and investigation
plan. If groundwater is found to contain contaminants which exceed regulatory action
levels, it may not be discharged into the existing storm drain system. Removal and
handling of the contaminated groundwater shall be done in a manner acceptable to the
Regional Water Quality Control Board, the Town and other jurisdictional agencies . Once
more detailed project plans become available, the Town may choose to require the
developer to submit a Notice of Intent (NOI) to the California Regional Water Quality
Control Board prior to construction. If required, the NOI letter shall include mapping,
N :\S HARE\A T Y 1216 .12 16
potential pollutant lists, and a detailed description of drainage factors regarding the project
site during construction.
57 . ELEVATOR CONTAMINANTS . The existence of contaminants in soil beneath the
existing elevator room shall be determined and appropriate remediation shall be completed
as required by applicable federal, state and local regulations. Appropriate contract
specifications shall be imposed on construction contractors for proper handling and
disposal of hazardous materials consistent with the required management plan.
58. PCB'S. The developer shall request PG&E to test the two transformers for PCBs and if
present , PCBs shall be removed and disposed of properly.
59 . NOTIFICATION REQUIREMENTS . The developer shall comply with notification
requirements under applicable Federal regulations regarding hazardous air pollutants,
including asbestos, in accordance with Section 19827 .5 of the California Health and Safety
Code (adopted January 1, 1991).
60 . EXISTING BASEMENT. While the existing hazard posed in the crawl hole basement
area of Building B is not an impact of the proposed project, this area shall be immediately
be closed off or abated and the soil decontaminated by a licensed abatement contractor
(prior to initiation of any work on the proposed project). In the event the crawl hole
basement of this area is permanently closed off, an inspection and maintenance program
shall be developed to prevent any fiber release.
61. ASBESTOS EXPOSURE. All necessary measures shall be implemented to protect
operating merchants, employees and customers from exposure to asbestos.
62. BAAQMD. To comply with BAAQMD nuisance abatement rules, the following dust
(PM10) control measures shall be included as conditions of the grading permit:
a. Water all active construction areas at least twice daily.
b . Cover all trucks hauling soil , sand , and other loose debris or require all
trucks to maintain at least two feet of freeboard.
N:I.SHARE\A TY 12 16 .12 17
c . Apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads , parking areas , and staging areas at construction sites.
d . Sweep (preferably with water sweepers) all paved access roads, parking
areas and staging areas at construction sites .
e . Sweep streets daily {preferably with water sweepers) if visible soil material
is carried onto adjacent public streets .
63 . GEOLOGIC HAZARDS CHECKLIST . The developer shall submit to the Town a
Geologic Hazards Checklist, as outlined by the California Department of Conservation
Division of Mines and Geology, and appropriate geotechnical design studies demonstrating
that the probable lateral forces experienced at the project site from a seismic event have
been taken into consideration in the design and construction plans for the proposed project.
These studies shall address building foundation design for the parking garage and
Buildings D and E as well as for any seismic retrofit found to require new or upgraded
foundations in Buildings A and B. Project plans for seismic retrofitting of Buildings A
and B shall demonstrate conformance with 1994 Uniform Building Code requirements
(including 1995 California amendments) and/or recommendations made by Boley
Consulting Engineers, whichever requirements are determined to be appropriate by the
Town.
64 . SEISMIC RETROFIT . The developer shall provide plans or designs for structural repairs
in order to seismically retrofit the existing buildings . Such plans or designs shall include
any and all foundations needed to support each location of seismic retrofitting. Proposed
plans shall conform to the current Uniform Building Code, with California amendments
in effect in Town.
65 . BUILDING CODE. Project plans shall demonstrate conformance with current Uniform
Building Code requirements (including California amendments in effect in Town) and/or
re commendations made by Boley Consulting Engineers (whichever requirements are
determined to be appropriate by the Town) to repair and upgrade the structures in order
N:\SHARE\ATY 12 16 .12 18
to integrate the structural system and to make Buildings A and B capable of providing
resistance to gravity and seismic loads.
66. The westerly wall of the underground garage under Building E shall contain a structurally
designed section or sections that would structurally accommodate being knocked out for
access to and from a possible future below-grade parking level on Town Parking Lot
No.6.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
67 . SPRINKLERS. Fire sprinkler system shall be modified as necessary for Buildings A, B
and C . An automatic fire sprinkler system shall be installed in Buildings D and E and the
parking garage .
68 . HYDRANTS. Additional fire hydrants may be required. This will be determined during
the Architecture and Site approval process.
TO THE SATISFACTION OF THE CHIEF OF POLICE
69. LIGHTING. The stairwells and building recesses shall have proper lighting with
illumination no less than five foot candles at five feet off the ground. If telephones are
provided , they shall be located in the open courtyard, not hidden away behind walls.
TO THE SATISFACTION OF SANTA CLARA COUNTY WATER DISTRICT
70. DRAINAGE. There shall be no overbank drainage into the Los Gatos Creek from grading
the site. Storm runoff shall be collected via an onsite storm drain system and distributed
to an existing city storm drain system or an outfall into the creek. If an outfall is desired,
it shall be designed in accordance with District guide sheets .
N :\SHARE\ATY I 2 16.12 19
71. PERMIT. A District permit is required for any construction adjacent to or within the Los
Gatos Creek .
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on December 2 , 1996, and adopted by the following vote as an ordinance of the Town
of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on December 16 , 1996 .
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS :
AYES: Steven Blanton, Jan Hutchins, Randy Attaway
Vice Mayor Linda Lubeck
NAYS: None
ABSENT: Mayor Joanne Benjamin
ABSTAIN :
SIGNED:
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: \ ·ou_a-£~ G<S0 \\~_//
CLERK OF THE TOWN OF L~ATOS
LOS GATOS, CALIFORNIA
N :\S HARE\A TY 1216 .12 20
50 University Av~s.uillL1~0
Conditional Use Permit U-03-7
r RECEI VED
AUG 0 9 2016
TOWN OF LOS GATOS
PLANNING DIVISION
The Wine Cellar is a quality restaurant at 50 University Avenue , Los Gatos , CA 95030, Su ite 180.
It currently occupies the basement and outdoor patio space of the building with 15 seats allowed
at the bar, 79 seats in the indoor dining area, and 46 seats on the outdoor patio. The outdoor
patio and indoor dining area are connected via a wide stair and a motorized lift at the entrance to
the building. There are two existing accessible restrooms with one lavatory and one toilet in
each .
A proposed interior renovation will expand into the adjacent basement space , wh ich includes
2 ,66 1 additional square feet. 881 square feet is area currently used as maintenance and storage.
1, 7 80 square feet of area is vacant but was used as formula retail by Border's Books last. The
expansion shown on the proposed plans has been approved by Federal Realty Investment Trust
("Landlord") to allow for 60 additional seats and an additional 20 existing parking spaces per the
ratio of 3 seats per 1 parking stall. See attached letter.
Demolition of the existing office, storage and mechanical areas will allow for the two areas to
connect creating a corridor that joins the proposed expansion back to the existing primary
entrance. Two points of egress are made accessible to these areas via existing stairwells and
entrances into the building. The floor will ramp to account for a change in floor elevation
between the spaces.
Dining Area 2 will be allocated with 16 of the proposed seats with a service station located at the
threshold to the room . Dining Area 3 will have the remainder 44 proposed additional seats. A
service station will be located at the northwest portion of the room . Reception and common area
will buffer the proposed corridor and exit to the exterior.
Two restrooms with one lavatory and two toilets in stalls for each are proposed to comply with
toilet and water fixture requirements for the increase in occupancy. A new office wi ll be located
on the corridor. Mechanical and electrical equipment will be relocated to two new rooms on the
northeast wall of Dining A rea 3 to allow for additional mechanical space.
Coupled with the renovation , a proposed reallocation of the existing 140 seats within the existing
restaurant is included in the CUP modification. Currently, 15 seats are allocated to the bar. which
w ill be reduced by 5 seats for a total of 1 0 seats. The 79 seats in the indoor dining area will be
reduced by 7 seats for a total of 72 seats. The 46 seats on the outdoor patio will be increased to
58 seats .
EXHIBIT 7
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,-.
(
Lett~r of Justification
50 Univer~ ~nue Suite 180
Conditional Use Permit U-03-7
Mark English Architects
523 Francisco Street
San Francisco, CA 94133
14 July 2016
Town of Los Gatos
110 E. Main St.
Los Gatos, CA 95030
To whom it may concern:
(.--
T::;CEIVED
Aua 0 9 20J6
TOWN OF LOS GATOS
PlANNING DIVISION
The Wine Cellar at 50 University Avenue, Los Gatos, CA 95030, Su ite 180 is seeking to amend
its existing Conditional Use Permit U-03-7 for a proposed expansion into the existing basement of
50 University Avenue. A reallocation of the ratio of the existing 140 seats within the existing
restaurant is also being proposed. Federal Realty, the leaser, has approved the use of 20
parking stalls and an increase of 60 additional seats per the ratio of 3 seats per 1 parking stalls.
The purpose of the expansion is to provide two larger dining spaces for private events and an
overall increase of 2,661 square feet to the establishment. The purpose of the reallocation of
seats is to meet the demand for more outdoor dining seating and to assist with the efficient
operation of the restaurant.
Currently, there are few options within the town that offer spaces for private dining events. The
expansion would allow for a number of activities from w ine tastings to wedding receptions, which
will bu ild on the Wine Cellar's 50-year reputation as a fine dining establishment with in the
community.
The expansion would also give access to an adjacent, unused , exterior auditorium space located
at the rear of the property. The auditorium has access via ramp and sta irs from the parking lot off
of Mullen Avenue , and the expansion could stimulate this hidden public space that remains
' vacant but well tended.
The Wine Cellar is known for the outdoor dining experience it provides , and there continues to be
a demand for outdoor seating . By reallocating seats, the restaurant is able to further extend the
option of outdoor dining from a quality restaurant to more residents and vis itors of Los Gatos . It
hopes to also further enliven the surrounding exterior, public area creating a more welcoming and
active area.
The reallocation will also benefit the restaurant functionally. Bar service rails are proposed to
ensure that the wait staff has clear unobstructed access to the bar. The bar service ra il s and bar
service area require space .on the bar which restricts the number of seats the bar is able to serve.
The reallocation will allow the W i ne Cellar to operate more functionally and shift the removed
seats to the outdoor dining area where there is a greater demand to occupy.
The proposed uses will not impair the integrity and character of the zoning district as it extends
the current use of a quality restaurant with full-bar service into an adjacent space. The proposed
EXHIBIT 8
r r ·
use will not be detrimental to public health, safety, or general welfare, and it operates within the
General Plan since the use is already present with the Central Business District.
Sincerelv., __
/--?-v~~ ~Kehl
Mark Engl ish Architects
415-391-0186
Joshua®markenglisharchitects .com
April14, 2016
Town of Los Gatos
110 E. Main St
Los Gatos, CA 95030
RE: Old Town Shopping Center
Wine Cellar Expansion
To Whom It may Concern,
RECE IVED
JUN 0 7 20 16
T OWN OF LOS GATO S
PI..ANNING D!'IISIO N
358 Santana Row, Suite 1005
San Jou, CA 95128
PH: 408.551 .4800
FX : 408.551.4618
Federal Realty Investment Trust ("Landlord ") for the above referenced project has approved Wine Cellar (Tenant)
to submit a CUP modification application with the Town of Los Gatos for the expansion into the existing basement
area of the building located at 50 University Ave.
Detailed drawings will be submitted to Landlord and to the Town of Los Gatos for review and approval of such use
of additional space. Landlord agrees to allow Tenant to add 60 additional seats in the expansion area and the use
of up to 20 additional parking spaces.
Please contact our office should you have any questions.
Sincerely,
SRI Old Town, LLC
By Federal Realty Investment Trust
Jessica Rose
Project Manager-Tenant Services
jrose@federalrealty .com
408-551-2253
I.XHIBIT -9
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Title-: Policy Regulating Late Night Entertainment Policy Number: 1-03
Effective Date: 6 Pages~2
I
PU~SE ----/ ___ ... /
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 l.ife for Town
residents. Therefore, this poJicy has been created to establish a pennitting process and
regulations for late night entertainment.
For the purposes of this poJicy, 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 ·shaH· 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 simil{tJ 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 ~re intended to maintain and
enhance the continuing vibrancy and v.iabWty of the Town's public and commercial centers while
prov iding reasonable prote.cti ons to residential ueighborhoods in close proximity t0 th ose areas.
POLICY AND PR()CED(J:RES
1. Review Processes for Establishments with Late Night Entertainment
1. A late night entertainment penn-it shall be issued be the Town Mftnag~r. The T own
Manager -may refer any application for a pertnit to the D~velopment Review Committee
for its consideration and determination, which may be appealed to Planning Commission
and Town Council. The T o wn Manager or other deciding body retains the right of
approval or denial of each application based on its merits.
2. In determining Wh~ther to app1'ove or ~eny an application tbr a late night ent e rtainm ent
permit, the following factors will b e considered: ·
a . The propose d use of the property is esse ntial or desirable to the public
convenience or welfare;
b . The proposed use w ill not i mpair the in tegrity and character o f th e zone;
EXHIBIT 1 0
Title: Policy Regulating Late Night Entertainment
Page :
2 of2
Policy Number:
1·03
c . The proposed use would not he detrimental to public health, safel)' or
general w~lfare; and
d. The proposed use of the property is in harmony with the app1icable
guidelines, zoning ordinances, and/or provisions of the general plan.
3 . An application and pennjt for late night entertainment shall be subject to all
applicable requirements of the Town Code. and any permit issued pursuant to this
policy shall inchJde the following coqditions:
a . The applicant shaH be re~n~ible for ensuring that noise res!llting from
the ent~rtainment meets all applicable provisions of the Town 's noise
ordinance. If noise complaints are received by Town Staff, the Town
reserves the right to reql\ire the appli9 ant/perrnit~'ee to hir~ a consultant to
monitor noise levels to ensure that noise levels are within the parameters
established by Town Code for the zone i n which entertainment IS
occurring.
b. Secprity measures, which may i nclude the requirement that the .applicant
employ private security personnel. shall be undertaken and established in
and around the entertaillll)ent venue to deter uniawful conduct or
disturbance to adjacent residential neighborhood~.
c , Aqditional appropriate condition~ may b~ included in any permit as may
be determined necessary to protect the public health, safety or general '
welfare.
Any venue with a Conditional Use Pennit (CUP) that .expressly prohibits entertainment
will be required to obtain an amendment to its CUP tn order to offer entertainment
pursuant to this policy. An applicant's request to amend an existing CUP for the express
purpose of adding permitte.d entertainmet\t will not open th~ remainder of the CUP to
amendment or alteration unless specifical'y 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
evid~nce ex.ists that the pe,rmitted entertainment is operating, or has ope~ted . in a manner
inconsistent with the requirements of its pem1it, or in a manner that constitutes a public
nutsance.
APPROVED AS TO FORM:
Robert Schultz. Town A . ".
COUNCIL AGENDA REPORT
DATE: JUNE 13 , 2016
TO : MAYOR AND TOWN COUNCIL
FROM : LAUREL PREVETTI, TOWN MANAGER
MEETING DATE: 06/21116
ITEMNO. 19
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S
RECOMMENDATION FORAN ENTERTAINMENT POLICY ALLOWING
ENTERTAINMENT BY RIGHT BEFORE 10:00 P .M . GIVEN COMPLIANCE
WITH THE CURRENTLY ADOPTED NOISE ORDINANCE IS MET AND
ALLOWANCE FOR LATE NIGHT ENTERTAINMENT AFTER 10 :00 P.M.
WITH AN APPROVED PERMIT.
RECOMMENDATION:
Discuss and adopt the Policy Committee's recommendation for an Entertainment Policy
allowing Entertainment by right before l 0:00 p.m. given compliance with the currently adopted
noise ordinance is met and allowance for late night entertainment after l 0 :00p.m . with an
approved permit.
BACKGROUND:
On October 6, 2015, the Council received public testimony at a Study Session regarding alcohol
beverage service and entertainment, and continued the item to a Study Session on November 3 ,
20 15 to discuss next steps. At that meeting, Town Council directed staff to explore and bring
back a variety of economic vitality and business related topics including framework for an
ordinance or operational permit for alcohol and entertainment.
The Policy Committee began to review and explore the work that has been completed over the
last several years for alcohol and entertainment, noting that the complexity that continues to arise
during these discussions is due to the difference between issues associated with alcoholic
beverage consumption versus those regarding entertainment. As a result, the Policy Committee
is recommending that the two topics be separated and that the'Council consider only a policy on
entertainment at this time (Attachment I).
PREPARED BY : MONICARENN
Economic Vitality Manager
Reviewed by: __ Assistant Town Manager __ Town Attorney __ Finance
S:\COUNCIL REPORTS\20 16\06 -2 1-16\Entertain ment Policy\StaffReport-Entertainment Policy FIN AL.docx
PAGE2
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION:
Entertainment is often desired by restaurants, cafes, retailers , and other merchants as an
enhancement of the environment for their patrons while within the confines of their location.
When responsibly executed, entertainment may provide merchants with the opportunity to attract
customers, create a more desirable experience, build return customer base, and market the
products and services provided. Especially in the setting of downtown or shopping centers,
entertainment can provide a draw for customers who then park once and patronize multiple
merchant locations.
Staff commonly receives requests from merchants for the ability to provide entertainment
including poetry readings; open microphone nights; live music for brunch and/or evening dinner
service; and grand openings or anniversary sales. The merchants have requested entertainment
to occur during the businesses' normal operating hours and within the confmes of their merchant
location . Given that these requests are not directly associated with alcohol beverage
consumption, staff concurs with the Policy Committee's recommendation to separately regulate
entertainment and alcohol beverage consumption, and adopt a policy addressing entertainment at
this time to allow businesses to enhance their operations during the upcoming summer and
suosequent wariner weaffier monllis. This aCtion is c·onsistent -witli lhe Town -council's .
previously adopted Strategic Priority to strengthen the Town's economic vitality and providing
businesses with greater opportunity for customer attraction and retention .
For the purpose of this report and the proposed policy, entertainment is defined as follows:
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.
In addition, this proposed policy also identifies any entertainment occurring after 10:00 p.m.
as late night entertainment, and describes it as a discretionary privilege and is not to be
construed to be a right of development nor run with the land.
The Policy Committee recommends that the Town Council to adopt a policy that is simple for
businesses and staff to implement, monitor, and enforce. In the attached draft policy,
entertainment that is in compliance with the currently adopted noise ordinance defined in Section
16.20.25 of the Town Code regulating Commercial and Industrial zones would be allowed by
right before 10:00 p.m. (Attachment 2). Any establishment intending to have any entertainment
or amplified noise after 10:00 p.m. would be required to obtain an entertainment permit as
outlined in Attachment 1.
PAGE4
MAYORANDTOWNCOUNC~
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE 'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13 , 2016
DISCUSSION (Continued):
the Planning Commission. Fees for tis process would be the same as any application that
is heard at these levels. The DRC application is currently $3,982.23, the Planning
Commission application fee is $6,545.46
Permit Review and Renewal
The Policy Committee and staff recommend that any late night entertainment permit
expire immediately upon the change of ownership and not run with the land as CUPs do.
The Council may also elect to include a mandatory review cycle or renewal period for
each late night entertainment permit issued. Review and renewal could be processed at a
staff level with Town Manager approval for applications without code compliance
complaints on file .
Enforcement
With both entertainment and late night entertainment, the Code Compliance Division
at1cllor ffie Police Department would fOllow up-on concerns-and iiivestigafe possible
violations. Multiple founded violations could result in suspension or revocation of a late
night entertainment permit, and/or review and possible revocation of the establishment's
CUP.
CONCLUSION/NEXT STEPS:
The Council is asked to discuss and adopt the Policy Committee's recommendation for an
Entertainment Policy allowing entertainment by right before 10:00 p .m. given compliance with
the currently adopted noise ordinance is met, and allowance for late night entertainment after
10:00 p .m. with an approved permit.
Should the Town Council choose to adopt the attached draft policy as written, or with
modifications , consideration and direction should also be given on the following:
• The allowance for multiple CUP modifications to be brought forward to the deciding
bodies together, rather than each business being required to file separately. Businesses
would still have the option to file separately, and in both instances, provide direction that
businesses may have only the condition pertaining to entertainment reviewed and
modified.
• The review and renewal periods for late night entertainment permits including the
deciding body for initial approval and review/renewal cycles .
,, .
PAGE3
MAYORANDTOWNCOUNC~
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13 ,2016
DISCUSSION (Continued):
With the recommended separation of entertainment from late night entertainment, the Policy
Committee discussed how these regulations could be implemented and enforced as they relate to
the following:
Existing Conditional Use Permits (CUPs)
Those establishments with existing CUPs that do not have conditions specifically
allowing entertainment fall into three categories : those with a CUP that is silent on
entertainment; those with a CUP that states they must comply with the Town's provisions
on entertainment; and those with a CUP that denies the ability to have entertainment
and/or amplified sound.
For the first two categories of CUPs, the businesses would be able to observe the new
regulations upon the adoption of the proposed policy. In contrast, the last category, those
with disallowances of live entertainment and/or amplified sound would need to come
through the public process for a CUP modification.
The Council may elect to direct staff to allow such businesses to do one or both of the
following:
• Offer businesses the option to modify their CUPs as a group , which would allow
them to be heard with other businesses, reducing the processing time and cost.
• Offer businesses wishing to modify this condition, the opportunity to have only
the condition pertaining to entertainment and/or amplified sound considered and
not open their entire CUP for review or modification .
The deciding body for the modification would be the same as what was required for the
original CUP approval (i.e., establishments with alcohol would require a Town Council
hearing for consideration and approval of a CUP modification while minor restaurants
may be heard at either the Development Review Committee or Planning Commission
levels).
Late Night Entertainment Permit
When considering a late night entertainment permit for businesses , Section I of the
attached draft policy outlines the review process. The Policy Committee re commends
that the Dev elopment Review Committee be the deciding body for late night
entertainment permits with appeal rights to the Planning Commission and Town Council.
If it is the desire of the Council, an alternative approving body could be identified such as
r r c PAGE5
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE 'S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13,2016
COORDINATION:
This report was coordinated with the Town Attorney's and Town Manager's Offices and the
Community Development Department.
ENVIRONMENTAL ASSESSMENT:
The adoption of the proposed policy is not a project under the California Environmental Quality
Act.
Attachments:
1. Draft Entertainment Policy
2 . Section 16.20.025 of the Town Code pertaining to noise in Commercial and Industrial
zones .
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