1997-094-Denying Modification To The Existing Chart House Restaurant Conditional Use Permit To Allow For Outdoor Seating With The Service Of AlcoholRESOLUTION 1997 - 94
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONDITIONALLY GRANTING APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING MODIFICATION TO THE EXISTING CHART HOUSE
RESTAURANT CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR SEATING
WITH THE SERVICE OF ALCOHOL AND GRANTING APPEAL OF A DECISION OF
THE PLANNING COMMISSION DENYING AN ARCHITECTURE AND SITE
APPLICATION FOR EXTERIOR CHANGES TO THE CHART HOUSE RESTAURANT ON
PROPERTY LOCATED IN THE C -2 LHP ZONE AND REMANDING THE APPLICATION
FOR FURTHER REVIEW BY THE PLANNING COMMISSION.
PROJECT APPLICATIONS PRJ -96 -081 AND PRJ -97 -053.
PROPERTY LOCATION: 115 N. SANTA CRUZ AVENUE.
PROPERTY OWNER: CHE, INC.
APPELLANT: LEWIS JACKSON /CHE, INC.
WHEREAS:
A. This matter came before the Council for public hearing on July 7, 1997, on an appeal
from a decision of the Planning Commission and was regularly notice in conformance with State and
Town law.
B. The Council received testimony and documentary evidence from the applicant and
property owners and all interested persons who wished to testify or submit documents. The Council
considered all testimony and materials submitted, including the record of the Planning Commission
proceedings and the packets attached to the Council Agenda Reports dated June 26, 1997 concerning
the applications.
C. The applicant is requesting approval to modify the current permitted use of the
property located at 115 N. Santa Cruz Avenue ( "Property ") by providing 30 outdoor seats in the
front yard area along N. Santa Cruz Avenue. The size of the patio would be approximately 750
square feet in area. The applicant is also requesting approval to add 375 square feet at the rear of the
first floor of the existing building for a revised kitchen area. This addition is not related to the request
for approval of outdoor seating. To accommodate the proposed outside seating, the applicant is
proposing to provide a decorative facade on the old block addition of the Property at the front
elevation.
D. The Planning Commission first considered the application on December 11, 1996 and
continued the matter to January 8, 1997 to allow the applicant time to resolve issues pertaining to
noise, parking, seating, exterior redesign, deletion of the patio and outdoor seating. The applicant
asked that the matter be continued to January 22, 1997 when, after further consideration by the
Commission, the matter was continued to February 26, 1997. On February 26, the Commission
ordered the matter back to the Design Review Committee. On March 26, 1997, acting at the request
of the applicant, the Commission considered and then granted a conditional use permit to allow for
the continuation of the existing restaurant operation excluding outside seating, while continuing the
architectural and site approval application for the desired modifications. On April 10, 1997, the
applicant applied for modification of the recently issued conditional use permit to allow outside
seating. On May 14, 1997, the Commission considered and then denied the applications for
modification of the conditional use permit and for architectural and site approval.
E. Pursuant to subsection (b)(1) of §29.20.300 of the Town Code of the Town of Los
Gatos, the Council finds that the Planning Commission erred in their decision to deny the application
for a modification of the existing conditional use permit to allow outdoor service as set forth in the
following recitals:
1. Pursuant to section 29.20.190 of the Town Code of the Town of Los Gatos,
a modification of the existing conditional use permit is authorized because:
a. The proposed use of the Property is essential or desirable to the public
2
convenience or welfare in that the Chart House is a long standing restaurant in the downtown
commercial area and, in order to continue operating as such to the benefit of the Town, must be
allowed to upgrade its operations and facility in order to successfully compete in the restaurant
business.
b. The proposed use is consistent with the long standing existence of the
Chart House restaurant on the Property and will not impair the integrity and character of the
downtown commercial zone which is currently allows similar restaurants, some of which featuring
outdoor seating.
C. The proposed use would not be detrimental to the public health, safety
or general welfare because outdoor seating is consistent with similar uses in the downtown area, and
will not result in a significant increase in noise, parking, trash, crime, commercial deliveries, unwanted
lighting or other negative impacts, and can be conditioned in such a manner as to mitigate existing
negative impacts.
d. The proposed use of the property is in harmony with the various
elements or objectives of the general plan and the purposes of Chapter 29 of Town Code of the Town
of Los Gatos which recognize the downtown as a commercial zone allowing restaurant uses such as
the Chart House.
F. Pursuant to subsection (b)(1) of §29.20.300 of the Town Code of the Town of Los
Gatos, the Council further finds that the Commission erred in its decision concerning the application
for architectural and site approval as set forth in the following recitals:
1. The record before the Planning Commission included a noise assessment
conducted by a Edward L. Pack Associates, Inc., acoustical consultants, demonstrating that outdoor
3
seating as planned would result in no more than a 1 dB increase above the ambient noise level as set
by the Town for the neighboring residential area for any given time period, and that such an increase
is within the noise level allowed by the Town.
2. The general intent of the applicant to make exterior modifications to the old
block addition in order to better harmonize that part of the Property with the existing historic
structure is should improve the overall appearance of the Property and the downtown area and is thus
desirable to the Town.
The concerns expressed by neighboring residents regarding noise, garbage pick
up times, odors from garbage receptacles, delivery times, bright lights and alcohol service can be
better addressed through the imposition of conditions imposed as a consequence of this application
to modify the use permit, such as limiting the hours of operation of the outdoor patio, requiring
additional higher fencing, requiring relocation and improvement of the trash receptacles and
enclosure, setting limited hours for deliveries, and requiring that outdoor lighting be reviewed for
conformance with modern lighting standards and technology.
G. Each of these findings constitutes a separate and independent ground for determining
that the Planning Commission erred in their decisions.
RESOLVED:
1. The appeals of the decision of the Planning Commission on Projects PRJ -96 -081 and
PRJ -97 -053 are granted and approved subject to the conditions stated herein and attached as Exhibit
A hereto and such other conditions as the Planning Commission may add to Exhibit A in conformance
with the instructions on remand as set forth in this Resolution.
The the application for architectural and site approval is hereby remanded to the
Planning Commission for further consideration, and with the following instructions:
a. Design should reduce the generation of noise along the north side of the
Property by preventing patrons that are waiting for available restaurant seating from congregating
on the north side porch or elsewhere outside the structure and outside the outdoor eating area and
by removal of existing benches;
b. Architecture and Site approval shall be more consistent with Victorian design;
C. Determine whether the current fence height is sufficient with regard to the
relationship between the Chart House and the adjacent properties and, if not, require additional fence
height as a condition of approval;
d. Determine whether additional screening and diversion of outdoor lighting away
from neighboring properties in a manner that is consistent with current lighting standards and
technology is necessary and appropriate and if so, require the same as a condition of approval;
e. Determine the hours of operation which shall be consistent with Los Gatos
Brewing Company and Willow Street Pizza;
Pursuant to Town Code section 29.20.320, this approval will expire two (2) years
from the date that this resolution was adopted unless the approval is used before expiration. Section
29.20.335 defines what constitutes use of an approval granted under the Zoning Code. Reasonable
time extensions of the approval not exceeding one (1) year may be granted upon application to and
approval by the Planning Commission, but the Commission approval occur before the initial
expiration of the approval occurs.
This decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los Gatos. Any
application for judicial relief from this decision must be sought within the time limits and pursuant to
the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as
required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 21 st day of July, 1997, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ,J2./Y22 v
4OS AYOROFT TOS GATOS
GATOS CALIFORNIA
ATTEST
-
CLERK OF THE TOWN OF O GATOS
LOS GATOS, CALIFORNIA
G
NAAMCHARTHSE.RES
CONDITIONS OF APPROVAL
115 N Santa Cnnz Avenue
Project Application PRJ -96 -81
Requesting Architecture and Site approval for exterior changes totJ
property located in the C -2 LHP zone. t
PROPERTY OWNER: CHE, Inc.
115 N Santa Cniz Avenu
Project Application PRJ -97 -053
Requesting approval to modify an existing restaurant Conditional Use Permit to allow for
outdoor seating with the service of alcohol, on property located in the C -2 LHP zone.
PROPERTY OWNER: CHE, Inc.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. EXPIRATION: Zoning approval will expire on July 21, 1997, which Is two years
from the approval date pursuant to Section 29.20.320 of the Town Code. The
applications must be vested within that time period to not expire.
2. ONE YEAR REVIEW: One year after the outside seating has been in use, the
conditional use permit shall be set for review by the Planning Commission as an
information item to assess the impact to the neighborhood.
3. WINDOWS. The new windows on the north elevation shall replicate the existing
windows on the north elevation, including the trim.
4. TREE REMOVAL PERMIT. A tree removal permit shall be obtained prior to the
issuance of a building permit. Prior to the issuance of a tree removal permit for the
trees along the south property line, the mural design on the southern property line wall
shall be submitted to Town staff for approval and a letter from the adjacent property
owner shall be submitted permitting the mural. The mural cannot be designed to be
construed as a sign for the business.
S. RESTAURANT USE. A high quality restaurant and full service bar is permitted.
6. HOURS. Maximum hours of operation for the inside restaurant and bar shall be
11 AM to 1 AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum
hours of operation for the outside seating area shall be the same except that
alcohol service shall not go past 11 PM Sunday through Thursday, except for
holidays and evenings before holidays.
7. SEATS. The maximum number of seats (inside and outside combined) shall not
exceed 196.
8. ALCOHOL SERVICE. The service of alcohol for the restaurant dining area (inside
and outside) is permitted only with meals. 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.
9. DELIVERY SIGNS. Signs shall be posted by the applicant In visible locations that
there will be no deliveries allowed earlier than 7:00 a.m.
10. SIGNS. The applicant shall post signs in visible locations, requesting that their
patrons be respectful of the neighbors.
11. PORCH AREA. No chairs shall be in the porch area.
12. TRASH ENCLOSURE. The trash enclosure shall be placed as shown in Exhibits
from the Planning Commission Meeting dated March 26, 1997. The enclosure or
the container shall be locked when not in use.
(Engineering Section)
13. PARKING LOT. The rear parking lot shall be restriped to so that there are four
parallel parking spaces along the southern property line as shown on the parking
plans dated October 24, 1985. The parking lot must be restriped and the
additional parking space must be added 90 days from approval of the original
Conditional Use Permit Final date to correct parking lot is June 24, 1997. No
bricks shall be allowed in the alley way.
14. WELLS. A well information questionnaire (available through the Counter Technician)
shall be completed before the issuance of the building permit.
15. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security and guaranteed by contract,
Faithful Performance Security and Labor & Materials Security before the issuance of a
building permit. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy can be issued.
a. North Santa Cruz Avenue. Curb, gutter, and Villa Hermosa sidewalks.
b. Victory Lane (alley). Repair alley along the frontage of the restaurant and
parking lot, including provisions for drainage. No bricks shall be allowed.
C. Wilder Avenue. Repair any cracked or broken curb, gutter and sidewalk.
16. INSURANCE. One million dollars ($1,000,000)of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance
of the building permit.
17. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvements 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 building permit application is
made. The fee shall be paid before issuance of the building permit. The traffic impact
mitigation fee for this project using the current fee schedule and preliminary plans (375
s.f. addition) is $7,571.48. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time of the building permit application. The classification
for the restaurant use is high quality.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES:
18. GENERAL. All existing and newly planted trees shown on the plan are specific subjects
of approval of this plan and must remain on site.
19. NEW TREES. All newly planted trees shall be planted prior to final occupancy and shall
be double staked to Town standards.
20. PROTECTIVE FENCING. Prior to any building permits being issued, the applicant shall
meet with the Parks Superintendent concerning the need for protective fencing around
existing trees. Such fencing shall be installed prior to and maintained during
construction.
21. 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 resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review. Plans and fees must be submitted prior to
issuance of a building permit.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
22. 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 all
working hours. Failure to maintain the public right -of -way according to this condition
may result in the Town performing the required maintenance at the developer's
expense.
23. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction Inspector at least twenty -four (24) hours before starting any
work pertaining to on -site drainage facilities, grading, or paving; and all work in the
Town's right -of -way. Failure to do so will result in rejection of work that went on without
inspection.
24. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to, curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, 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.
25. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Detail $-1 or S-6. An inspection made at the time the planning application was
filed showed a minimum of fifty (50) square feet of sidewalk currently in need of repair.
Limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase.
26. CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Detail S -1. An inspection made
at the time the planning application was filed showed a minimum of ten (10) linear feet
► .
of curb and gutter currently in need of repair. Limits of sidewalk repair will be
determined by the Engineering Construction Inspector during the construction phase.
27. AS -BUILT PLANS. After completion of the construction of all work in the public right -of-
way or easements, and before the release of the Faithful Performance Security, the
original plans shall have all changes (change orders and field changes) clearly marked.
The "As- built" plan shall again be signed and "wet- stamped" by the engineer of record,
attesting to the changes. The original plans shall then become the property of the
Town.
28. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
29. GREASE TRAPS. Meet all requirements of the County Health Department and
West Valley Sanitation District for the interception, separation, or pretreatment of
effluent.
30. PERMITS REQUIRED: A building permit application shall be required for each
proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as
necessary.
31. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the
cover sheet of construction plan submitted for building permit.
32. SIZE OF PLANS: The maximum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
33. PLANS: The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer. (Business and Professionals Code
Section 5538)
34. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
35. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply
with the latest California Title 24 Accessibility Standards for disabled. Work shall include
but not limit to have accessibility to building entrances from parking facilities and
sidewalks.
36. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall be upgraded to comply
with the latest California Title 24 Accessibility Standards for disabled. Necessary work
shall be first investigated by the design architect then confirmed by the Town staff.
37. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit, in
accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Department Service Counter. The Town Special inspection schedule
shall be blue lined on the construction plan.
38. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet (Size 24" X 36 ") is available at the Building
Department service counter.
39. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) Central Fire District: 378 -4015
b) County Health Department: 299 -6060
TO THE SATISFACTION OF THE CHIEF OF POLICE:
40. 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.
f. A restaurant employee shall seat patrons in the outside dining area.
• Conditions in bold are for the Conditional Use Permit. All other conditions are for the
Architecture and Site application which has been remanded to the Planning Commission
for further review.
N: \share\ 115nsc
application for judicial relief from this decision must be sought within the time limits and pursuant to
the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as
required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 21 st day of July, 1997, by the following vote:
• 1 1 R L
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR OF TOWN OF LOS GATOS
40S GATO , ALIFORNIA
ATTEST:
-Y�tti�
CLERK OF THE TOWN OF � 0 GATOS
LOS GATOS, CALIFORNIA
N:\ATY\CHARTHSE.RES
RECOMMENDED CONDITIONS OF APPROVAL*
115 N. Santa Cruz Avenue
Project Application PRJ -96 -81
Requesting Architecture and Site approval for exterior changes to the Chart House restaurant on
property located in the C -2 LHP zone.
PROPERTY OWNER: CHE, Inc.
115 N. Santa Cruz Avenue
Project Application PRJ -97 -053
Requesting approval to modify an existing restaurant Conditional Use Permit to allow for outdoor
seating with the service of alcohol, on property located in the C -2 LHP zone.
PROPERTY OWNER: CHE, Inc.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. EXPIRATION: Zoning approval will expire on (Insert date), which is two years from the
approval date pursuant to Section 29.20.320 of the Town Code. The applications must be
vested within that time period to not expire.
2. WINDOWS. The new windows on the north elevation shall replicate the existing windows
on the north elevation, including the trim.
3. TREE REMOVAL PERMIT. A tree removal permit shall be obtained prior to the issuance
of a building permit. Prior to the issuance of a tree removal permit for the trees along the
south property line, the mural design on the southern property line wall shall be submitted to
Town staff for approval and a letter from the adjacent property owner shall be submitted
permitting the mural. The mural cannot be designed to be construed as a sign for the
business.
4. RESTAURANT USE. A high quality restaurant and full service bar is permitted.
5. HOURS. Maximum hours of operation for the inside restaurant and bar shall be 11
AM to 1 AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum hours
of operation for the outside seating area shall be the same except that alcohol service
shall not go past 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
6. SEATS. The maximum number of seats (inside and outside combined) shall not exceed
198.
7. ALCOHOL SERVICE. The service of alcohol for the restaurant dining area (inside and
outside) is permitted only with meals. 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.
8. DELIVERIES. Deliveries shall be no earlier than 7:00 a.m.
9. PORCH AREA. No chairs shall be in the porch area.
7 EXHIBIT A
10. TRASH ENCLOSURE. The trash enclosure shall be placed as shown in Exhibit S from
the Planning Commission Meeting dated March 26, 1997.
(Engineering Section)
11. PARKING LOT. The rear parking lot shall be restriped to so that there are four
parallel parking spaces along the southern property line as shown on the parking plans
dated October 24, 1985. The parking lot must be restriped and the additional parking
space must be added 90 days from approval of the original Conditional Use Permit.
Final date to correct parking lot is June 24, 1997. No bricks shall be allowed in the
alley way.
12. WELLS. A well information questionnaire (available through the Counter Technician) shall
be completed before the issuance of the building permit.
13. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit. The improvements must be completed and accepted by the Town before a Certificate
of Occupancy can be issued.
a. North Santa Cruz Avenue. Curb, gutter, and Villa Hermosa sidewalks.
b. Victory Lane (alley). Repair alley along the frontage of the restaurant and parking lot,
including provisions for drainage. No bricks shall be allowed.
C. Wilder Avenue. Repair any cracked or broken curb, gutter and sidewalk.
14. INSURANCE. One million dollars ($1,000,000)of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance of
the building permit.
15. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvements 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 building permit application is made. The fee shall
be paid before issuance of the building permit. The traffic impact mitigation fee for this
project using the current fee schedule and preliminary plans (375 sT addition) is $7,571.48.
The final fee shall be calculated from the final plans using the rate schedule in effect at the
time of the building permit application. The classification for the restaurant use is high
quality.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES:
16. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
17. NEW TREES. All newly planted trees shall be planted prior to final occupancy and shall be
.1.11: MZ1
double staked to Town standards.
18. PROTECTIVE FENCING. Prior to any building permits being issued, the applicant shall
meet with the Parks Superintendent concerning the need for protective fencing around
existing trees. Such fencing shall be installed prior to and maintained during construction.
19. 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 resolution shall be paid
when the landscape, irrigation plans and water calculations are submitted for review. Plans and fees
must be submitted prior to issuance of a building permit.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
20. 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 all working hours. Failure to maintain the public right -of -way
according to this condition may result in the Town performing the required maintenance at
the developer's expense.
21. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction Inspector at least twenty -four (24) hours before starting any work
pertaining to on -site drainage facilities, grading, or paving; and all work in the Town's right -
of -way. Failure to do so will result in rejection of work that went on without inspection.
21 RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to, curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, 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.
23. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard Detail
S -1 or S -6. An inspection made at the time the planning application was filed showed a
minimum of fifty (50) square feet of sidewalk currently in need of repair. Limits of sidewalk
repair will be determined by the Engineering Construction Inspector during the construction
phase.
24. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and
gutter shall be constructed per Town Standard Detail S -1. An inspection made at the time
the planning application was filed showed a minimum of ten (10) linear feet of curb and gutter
EXHIBIT A
currently in need of repair. Limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase.
25. AS -BUILT PLANS. After completion of the construction of all work in the public right -of-
way or easements, and before the release of the Faithful Performance Security, the original
plans shall have all changes (change orders and field changes) clearly marked. The "As- built"
plan shall again be signed and "wet- stamped" by the engineer of record, attesting to the
changes. The original plans shall then become the property of the Town.
26. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
27. GREASE TRAPS. Meet all requirements of the County Health Department and West
Valley Sanitation District for the interception, separation, or pretreatment of effluent.
28. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure. Separate Electrical/MechanicaUPlumbing permit shall be required as necessary.
29. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
30. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
31. PLANS: The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538)
32. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
33. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply
with the latest California Title 24 Accessibility Standards for disabled. Work shall include but
not limit to have accessibility to building entrances from parking facilities and sidewalks.
34. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall be upgraded to comply
with the latest California Title 24 Accessibility Standards for disabled. Necessary work shall
be first investigated by the design architect then confirmed by the Town staff.
35. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the Building Permit, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Department Service Counter. The Town Special inspection schedule shall be blue lined on
the construction plan.
36. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department
service counter.
37. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) Central Fire District: 378 -4015
b) County Health Department: 299 -6060
10 EXHIBIT A
TO THE SATISFACTION OF THE CHIEF OF POLICE:
38. 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.
f. A restaurant employee shall seat patrons in the outside dining area.
* Conditions in bold are for the Conditional Use Permit
11 EXHIBIT A