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Ord 2199 - Amending Zoning Ordinance 90-160 Albright Way and 14600 Winchester Blvd.ORDINANCE 2199 ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCES 1247, 1366, AND 1955 AND AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CM :PD TO CM:PD AT 90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD (APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063 ) 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 rescind Ordinances 1247, 1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty) Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as Exhibit A and is part of this Ordinance (the "Property ") from CM:PD (Controlled Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned Development). APN's 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063. SECTION II The PD (Planned Development Overlay) zone established by this Ordinance (the "PD Overlay ") authorizes the following construction and use of improvements: 1. To allow the potential for a mix of land uses, the development of the Property may consist of office/ R &D alone or a mix of office /R &D and senior residential uses. The development of the Property could include up to a maximum of 550,000 square feet of office /R &D space, or a combination of less office /R &D space with senior residential uses (the "Project "). Residential 1 uses would include senior units up to a maximum of 168 units. The specific uses for each phase of the Project will be determined by the applicant at the Architecture & Site ( "A &S ") Approval stage, and any combination of uses authorized by this PD Overlay is authorized up to the stated maximums, subject to the Residential Development Triggers described herein, provided that the combination of uses does not result in new or substantially more severe environmental impacts than disclosed in the Mitigated Negative Declaration for the project dated April 11, 2011 (the "MND "). If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND, then appropriate CEQA review shall be required prior to A &S Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. 2. Uses permitted and conditionally permitted are: Permitted Uses: • Offices, including corporate, administrative, business, and professional offices, but excluding medical and dental offices. • Light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses (including indoor storage of materials and products). • Ancillary office- serving retail comprising not more than 10% of the total allowed office area for each A &S Approval. • Office- serving uses designed to primarily serve those employed at the site or visiting the site for business purposes, such as: recreational facilities; conference and training facilities; restaurants, cafeterias and other eating establishments; health and wellness 2 facilities; and ancillary uses such as on -site banking, ATMs, private post offices, personal services (such as dry cleaning pick up) and similar support uses. • Senior Housing including without limitation, independent living, assisted living, skilled nursing, as well as Continuing Care Retirement Community and or Residential Care for the Elderly, including full food service and the sale of alcohol. • All uses permitted in the CM and O zones, excluding medical and dental offices, churches, sports clubs other than as accessory to a permitted use, and public and private schools. Conditional Uses (CUP required): • Except as otherwise specifically permitted above, all conditional uses in the CM and O zones, excluding residential. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan (as defined in Section V), this ordinance, and /or any applicable Development Agreement specifically indicated otherwise. SECTION IV Regardless of the type of permit, A &S Approval is required before any construction work for the project is performed and before any permit for construction is issued. Construction permits shall only be issued in a manner complying with Section 29.80.130 (Architecture and Site Approval) of the Zoning Ordinance, subject to the provisions of any applicable 3 Development Agreement, SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los Gatos on March 18, 2011 (25 sheets) and Development Plans received by the Town of Los Gatos on July 26, 2011 (11 sheets)), as revised in accordance with Performance Standard 1 below, incorporated herein by this reference and attached Exhibit C, constitute the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits, unless otherwise stated below. The Official Development Plan will be modified and finalized after final Town Council action. TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR: Planning Division 1. APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with any applicable Development Agreement. Within fifteen (15) days following Town Council approval of this Ordinance, Applicant shall submit a revised set of Development Plans that (i) exclude medical and dental offices, churches, sports clubs other than as accessory to a permitted use, and public and private schools from the list of permitted uses; (ii) incorporate the changes required by the conditions of approval set forth herein; and (iii) incorporate any changes required by the Town Council. The Community Development Director shall approve the revised Development Plans, which shall be attached to this Ordinance as Exhibit C prior to recordation. Any further changes or modifications made M to the Official Development Plan shall be approved by the Community Development Director, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s), in accordance with any applicable Development Agreement. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. 3. SENIOR RESIDENTIAL DEVELOPMENT TRIGGERS: The Development Plans shall be revised to reflect the following changes to the Senior Residential Development Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000 square feet of new office /R &D development on the Property and (ii) 60 months after the approval of this Ordinance the applicant shall not submit applications for building permits for senior housing on the Property. Upon satisfaction of the Senior Residential Development Triggers, the applicant may submit and the Town will process applications for building permits for the Property for any uses or combination thereof permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay, provided that the land area of the Property approved for senior housing uses shall not exceed seven (7) acres, shall be located on the 5 southern portion of the property adjacent to the existing residential property, and shall have a maximum total density of 24 units per acre of residential development, inclusive of below market program and other housing requirements, incentives and bonuses.. 4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A &S application shall be required for each phase of the Project. The A &S application shall be referred to Planning Commission for a recommendation to Town Council, Town Council shall make the final determination on all A &S applications. 5. COMMERCIAL DESIGN GUIDELINES. A &S applications shall be reviewed for compliance with the Common Design Guidelines of the Commercial Design Guidelines, to the extent not in conflict with the PD Overlay, and subject to the provisions of any applicable Development Agreement. 6. MASS AND SCALE PARAMETERS, The Development Plans shall be revised to include the following floor plate guidelines, which shall apply to the Project: 1. Maximum floor plate size of 40,000sf, 2. Each floor may not be more than x% of the first floor as follows: 1st Floor = 100% 2nd Floor = 100% - 95% of 1st Floor 3rd Floor = 95% - 90% of 1st Floor 4th Floor = 90% - 85 % of 1st Floor 5th Floor = 85% 80% of 1 st Floor In connection with A &S Approval, the Town shall have the discretion to approve lesser reductions in floor plate size upon a finding that the architectural intent of an articulated facade is achieved. Co 7. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS. A &S applications shall be reviewed for compliance with applicable sections of the Guidelines and Standards for Land Use Near Streams, subject to the provisions of any applicable Development Agreement. 8. SUBDIVISION REQUIRED. A tentative map application shall be approved prior to the submittal of building permits. The Development Review Committee may be the deciding body for the tentative map. 9. BUILDING COMPOSITION. The office /R &D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of uses shall not result in new or substantially more severe environmental impacts than disclosed in the Mitigated Negative Declaration for the project dated April 11, 2011 (the "MND "). If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND, then appropriate CEQA review shall be required prior to A &S Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85' -0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum permitted height 85' -0" (eighty five feet zero inches). The maximum height of the parking structures shall be three stories and 35' -0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of 7 the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. The maximum height of senior housing buildings may be up to three stories and 50' -0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. 11. SETBACKS. Minimum setbacks are as set forth on Sheet A -9 of the Official Development Plan (Exhibit C). 12. LOT COVERAGE. Maximum lot coverage for both buildings and parking structures is limited to 50 % of the lot area. 13. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provide the permitted development envelope and permitted development parameters applicable to the Property. Final building designs in compliance with the Official Development Plans shall be determined during the A &S Approval process, subject to the provisions of any applicable Development Agreement. 14. BELOW MARKET PRICE (BMP) PROGRAM. The developer shall comply with the Town's inclusionary housing requirement as set forth in Division 6 of Article 1 of the Zoning Ordinance and the Town's Below Market Housing Program Guidelines, subject to the provisions of any applicable Development Agreement. A deed restriction shall be recorded prior to issuance of building permits for residential units subject to the inclusionary housing requirement, stating that the BMP units must be rented or sold as below market price units pursuant to the Town's BMP requirements in place at the time specified in the Town Code or any applicable Development Agreement. 15. WATER EFFICIENCY, This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water Efficiency Ordinance, whichever is more restrictive. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. 16. COMPLIANCE MEMORANDUM. A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit and /or final subdivision map detailing how the Conditions of Approval will be addressed. 17. LANDSCAPE PLAN. The final Landscape plan shall be reviewed by the Consulting Arborist as part of the A &S approval process. All Tree Protection measures recommended by the Consulting Arborist shall be followed as specified in the MMRP. 18. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of any permits. 19. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone (chain link) attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 20, RECYCLING. Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company that will recycle the materials. Receipts from the company(s) accepting these materials, noting type and X weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 21. PARKING. The minimum parking ratios for the project are 33 spaces /1000 square feet for the office /R &D buildings. The parking ratio for senior housing will be determined after the parking surveys have been completed, as required by Mitigation Measure TRA- 5. Wheel stops may be used in the parking garages where deemed appropriate and necessary for safety. Wheel stops shall not be used in any surface parking areas. Parking spaces shall be double striped per Town standards. 22. NETWORK ACCESS. Network access shall be provided in the outdoor common areas, to allow people to work outside. 23. RECREATION MITIGATION MEASURE REC -1. Provision of On -Site or Nearby Recreational Facilities. The project applicant shall either provide access to on -site or nearby recreational facilities for project employees under Scenario 1 and residents under Scenarios 3 and 4. 24. PROJECT PHASING. The project phasing shall be subject to the provisions of any applicable Development Agreement. If the applicant /developer elects to build the project in phases, then any undeveloped site(s) for future phase(s) shall include provisions for landscaping and other attractive low maintenance improvements, and security and maintenance of any undeveloped land to be developed under future .phases. Significant changes to the Phasing Plan that are not in conflict with the Development Agreement may be approved through an A &S application. 25. DEVELOPMENT IMPACT FEES. The developer is required by law to pay development impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos- 10 Saratoga Union High School District (LGSUHSD) at the time of the building permit issuance. 26. LANDSCAPE SCREENING. All buildings and parking structures shall be significantly buffered from Winchester Blvd. and properties to the west by the existing, predominately redwood tree screen. All healthy redwoods and other significant trees in the Winchester Blvd, frontage screen shall be retained except for those that would be removed with the construction of the new Albright Way entry just south of proposed Building D. The proposed parking structure would also be screened by the existing vegetation along the northern property line and additional landscaping shall be incorporated as needed to maximize the buffering of the structure from the freeway and properties north. 27. AESTHETICS MITIGATION MEASURE AES -1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small -town character of the community, the proposed project configuration shall implement the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small -town character; and b. Future office and residential structures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design 11 features such as articulation of fagades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. 28. AESTHETICS MITIGATION MEASURE AES -2: Tree Screens. Existing landscape trees along the northern boundary should be retained to the maximum extent possible to more quickly provide screening from SR 85 and the Los Gatos Creek Trail. 29, AESTHETICS MITIGATION MEASURE AES -3: Landscape Plantings. Proposed landscape plantings shall be initiated during the preliminary phases of the any approved development scenario in order to maintain and enhance the screening of the project site facilities from residents in the Charter Oaks neighborhood and recreationists using the Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of more replacement trees than can be accommodated on the project site, the project applicant and Town will consider opportunities for the planting of native riparian plant species, including trees, within the Los Gatos Creek riparian zone. These efforts will need to be coordinated with the Santa Clara Valley Water District, which has jurisdiction over the creek and adjoining riparian areas. 30. AIR QUALITY MITIGATION MEASURE AQ -1: Basic Construction Measures. To limit the project's construction - related dust and criteria pollutant emissions, the following BAAQMD- recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 12 b, All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 31. AIR QUALITY MITIGATION MEASURE AQ -2; Additional Construction Measures. The following BAAQMD Additional Construction Mitigation Measures shall be included 13 in contract specifications for construction: a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings beyond the BAAQMD requirements (Le., Regulation 8, Rule 3: Architectural Coatings). b. VOC content of architectural coatings shall not exceed 150 grams VOC per liter of coating. 32. AIR QUALITY MITIGATION MEASURE AQ -3: Additional NOx Reduction Construction Measures. The following limitations shall be included in contract specifications for construction and adhered to during soil hauling activities (during mass and fine grading) for each construction phase in order to ensure NOx emissions would be reduced to less- than - significant levels (phasing parameters are defined in the URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial Study): • Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles roundtrip. Daily vehicle miles traveled (VMT) during mass grading shall not exceed 1,416; daily VMT during fine grading shall not exceed 425. • Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26 miles roundtrip. Daily VMT during mass grading shall not exceed 1,629; daily VMT during fine grading shall not exceed 671. • Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles roundtrip. Daily VMT during mass grading shall not exceed 2,318; daily VMT during fine grading shall not exceed 625. 14 The contractor shall log VMTs daily and submit to the Town monthly, These limitations shall be stipulated in construction bids, plans, and specifications. 33. AIR QUALITY MITIGATION MEASURE AQ -5: Operational Risk Reduction Measures. A minimum 261 -foot setback from the freeway shall be required for proposed residential uses and is considered by the BAAQMD to be sufficient to mitigate any potentially significant impacts on any residential uses to unhealthful levels of TACs or PM2.s- 34. BIOLOGICAL RESOURCES MITIGATION MEASURE 1310- 1: Protection of Nesting Birds during Construction. The following measures shall be implemented prior to any on- site construction activities: a. Tree and shrub removal, pruning, and structure demolition should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. b. If tree and shrub removal, pruning, and structure demolition must occur during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing or surface - disturbing activities. If no active nests are found, no further measures are necessary, c. If active nests i.e. nests with eggs or young birds present, of special- status or migratory birds are found, non - disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the 15 nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. d. If active raptor nests are found within 300 feet of construction activities, a qualified biologist shall be on site to monitor the nests for signs of breeding /rearing disruption. If it is determined that any construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted to develop protective measures. 35. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -2: Protection of Riparian Habitat during Construction. Project implementation would require the operation of heavy equipment and machinery for an extended period of time, increasing the level of human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may reach significant levels without the incorporation of following measures: a. Project construction activities shall be restricted to daylight hours; nighttime work shall not be permitted. b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be directed inward and shall not cause the illumination of the adjacent riparian habitat. c. Vehicle /equipment operations in the vicinity of the riparian corridor shall be 16 minimized to the extent practicable. d. Dust control must be practiced during demolition and grading. 36. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -3: Protection of Riparian Habitat during Project Operation. Implementation of any of the proposed scenarios could result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed -use scenarios could also result in increased interaction between wildlife and domestic pets. Such effects may reach significant levels without the incorporation of following measures: a. The lighting of the selected scenario shall ensure that exterior lighting is directed inward and shall not cause the illumination of the adjacent riparian habitat. b. Restrictions shall be in placed to prevent the placement of pet food containers out -of- doors in areas accessible to wildlife. c. Free - roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted. d. All exterior trash receptacles shall be designed and maintained to exclude wildlife. 37. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -4: Tree Protection and Replacement. In order to provide appropriate mitigation for the loss of Ordinance- protected trees, the following measures would be required: a. The project proponent shall secure a Tree Removal Permit from the Town of Los Gatos prior to removing or grading within the dripline of any protected tree. b. For the worst -case condition of tree impacts and the Town's tree replacement formula, the maximum number and sizes of replacement trees that could be required are indicated as follows, but could be less depending on the final development design: 17 Number of Trees Size 1282 24" box sized trees, and 4 36" box sized trees, and 4 48" box sized trees. or 54 36" box sized trees, and 236 48" box sized trees. Actual tree replacement would be based upon the final permitted number of trees removed. c. If a tree cannot be reasonably planted on the subject property, the value of the removed tree(s) shall be paid to the Town Forestry Fund to: • Add or replace trees on public property I the vicinity of the subject property, or • Replacement value of a tree shall be determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. d. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to the Santa Clara Valley Water District, the Town may also consider accepting riparian habitat restoration and enhancement activities as compensation for the loss of some protected trees on the subject property. As described above, the riparian habitat is degraded by the presence of invasive non - native trees, which could be removed and replaced with native riparian trees. From the perspective of CEQA, enhancement and restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts resulting from project implementation. 18 e, The project sponsor shall avoid planting ornamental species reported by the California Invasive Plant Council to have the potential to be invasive. Species on this list that can spread by wind —borne seed shall be prohibited from use in landscaping. The proposed list of landscaping species for the project shall be reviewed and approved by the Town, f. In addition to conformance to the Tree Protection Ordinance, the Town arborist's (Deborah Ellis, February 18, 2011) report also outlines protective measures before and during construction. Additional tree protection guidelines are presented in the Tree Protection Ordinance Section 29.10.1005. These measures shall be implemented. g. During construction, accidental injury or removal to and protected trees shall be reported immediately to the Town and appropriate measures taken, as identified by the Town, to mitigate the non - permitted damage and to prevent further accidental impacts, h. The Town shall implement recommendations made by the Town's consulting arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass design guideline recommendations encompassing the establishment of a Tree Protection Zone to preclude the disturbance of trees to be retained on the project site, erosion control measures, drainage control, and tree replacement requirements. In addition, the arborist's report presents tree protection measures to be implemented before and during project construction. These recommendations are included as Attachment 3 of this study, 19 38. CULTURAL RESOURCES MITIGATION MEASURE CUL -1. Archaeological Monitor. A qualified archaeologist shall be retained to monitor the site clearing and grading operations in those areas where buildings will be removed and /or new construction will occur. The archaeologist shall be present on -site to observe site clearing at a representative sample of building removal areas until he /she is satisfied that there is not longer a potential for finding buried resources. In the event that any potentially significant archaeological resources are discovered, the project archaeologist shall stop work inside a zone designated by him /her where additional archaeological resources could be found. A plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eligible for inclusion on the California Register of Historic Resources (CRHR). 39. CULTURAL RESOURCES MITIGATION MEASURE CUL -2. Identification of Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to the resource shall be submitted to the Los Gatos Community Development Department for approval before any additional construction related earthmoving can occur inside the zone designated as archaeologically sensitive. Mitigation could include additional hand excavation to record and remove for analysis significant archaeological materials, combined with additional archaeological monitoring of soils inside the archaeologically sensitive zone. 40. CULTURAL RESOURCES MITIGATION MEASURE CUL -3. Discovery of Human Remains. Required monitoring will also serve to identify and hopefully reduce damage to no] human burials and associated grave goods. In the event that human remains are discovered, it shall be the responsibility of the project archaeologist to contact the County Coroner's Office and the Native American Heritage Commission (NAHC). The NAHC is responsible for naming a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated grave goods. The MLD shall make recommendations to the Community Development Director regarding the method for exposure and removal of human burials and associated grave goods, and shall advise the Community Development Director regarding the place and method of reburial of these materials. 41. GEOLOGIC MITIGATION MEASURE GEO -1. Detailed Geotechnical Investigations. The project sponsor shall ensure that a design -level geotechnical investigation is conducted for each planned site improvement. The recommendations of the geotechnical investigation shall be incorporated in the final construction plans for the proposed project. These recommendations shall address liquefaction, lateral spreading, ground rupture due to liquefaction, and differential compaction. 42. GEOLOGIC MITIGATION MEASURE GEO -2: Undocumented Fill. The project sponsor shall require the removal of undocumented fill materials within proposed building excavations. Reuse of the fill materials shall only be allowed if they meet the requirements for engineered fill. Otherwise, imported engineered fill shall be required for building excavations. Undocumented fill materials that do not meet the requirements for engineered fill shall be reused for landscaping or in non - structural fill areas, or shall be disposed of off -site. 43. GREENHOUSE GASES MITIGATION MEASURE GHG -1. A combination of the 21 following list of sustainability and design features shall be incorporated into uses ultimately developed on the project site to achieve the overall scaled reduction in GHG emissions necessary to meet the BAAQMD's significance threshold of 4.6 MT of GHG per service population per year). For example, based on development project scenarios reviewed in this report, scaled reductions would be required are as follows: 44.34 percent for Scenarios 1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to issuance of building permits, the project applicant shall demonstrate required scaled reductions are achieved through incorporation of a combination of sustainable project design features. Each measure and associated GHG reduction shall be identified and included on all project plans and specifications. One or more of the following sustainability and design features, or other measures that may become available in the future, shall be included to achieve the required scaled reductions in GHG emissions: • Provide secure on -site bike parking (ratio shall be at least one space per 20 vehicle spaces). • Provide information on transportation alternatives (i.e., bus schedules and maps) accessible to employees within each proposed building. • Provide preferential on -site carpool /vanpool parking. • Increase energy efficiency beyond Title 24 by 20 percent. • Install smart meters and programmable thermostats. • Plant shade trees within 40 feet of the south side or within 60 feet of the west sides of the buildings. 22 • Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling load. • Meet 2010 Green Building Code Standards. • Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance efficiency and reduce energy loss. • Include solar photovoltaic or other technology to generate electricity on -site to reduce consumption from the electrical grid. • Implement employee telecommuting program. • Provide showers /changing facilities on -site for employee use. • Implement an on -site carpool matching program for employees. • Provide on -site amenities (i.e., eating and other establishments). • Increase the project design by 100 percent (i.e., presence of transit- oriented development design guidelines, complete street standards). • Work with the Bay Area Air Quality Management District (BAAQMD) to implement acceptable off -site mitigation. This involves an agreement with the BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD would commit to reducing the type and amount of emissions identified in the agreement. 44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -1. Hazardous Materials Removal. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less -than- significant level: 23 a. The project sponsor shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 ESA no more than three months prior to the start of any construction activities that would involve disturbance of greater than 50 cubic yards of soil. The qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The project sponsor shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities under the proposed project that require disturbance of greater than 50 cubic yards of soil. To evaluate the potential for the presence of pesticides and metals, sample analysis shall include dioxins and furans, chlorinated herbicides, chlorinated pesticides, and California Title 22 metals at a minimum. If contamination from a nearby site is indicated by the environmental database review conducted in accordance with Mitigation Measure HAZ -la, then additional analysis shall be conducted in accordance with the recommendations of the qualified professional. The project sponsor shall also be required to notify the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -lb, identifying the chemicals I.1 present, potential health and safety hazards, monitoring to be performed during site activities, soils- handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor(s) to prepare a material disposal plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -1 b, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on -site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes 25 soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure HAZ -lb, the project sponsor would remove and notify the regulatory agencies of a discovered release. The assigned lead agency would oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. 45. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -2, Hazardous Building Materials Removal. Prior to demolition of a building, the project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer. This survey shall be completed prior to any demolition activities associated with the project. If any friable asbestos - containing materials or lead- containing materials are identified, adequate abatement practices, such as containment and /or removal, shall be implemented in accordance with applicable laws prior to demolition. Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. 46. NOISE AND VIBRATION MITIGATION MEASURE NOI -1. Detailed Acoustical Analysis for Residential Uses. During the Architecture and Site review process, noise attenuation measures, as specified by an acoustical engineer, shall be incorporated into the project design to ensure that noise levels in usable outdoor areas meet the Town's 65- dBA (DNL) land use compatibility guideline for multi - family residential uses and interior 26 noise levels meet Town's and State (Title 24) interior standard of 45 dBA (DNL), Noise attenuation measures that could be incorporated into the design to achieve these limits include: • Provision of acoustically- effective barriers or deck railings to meet the 65 -dBA (DNL) exterior limit. • Provision of closed windows and mechanical ventilation to achieve the 45 -dBA (DNL) interior standard. 47. NOISE AND VIBRATION MITIGATION MEASURE NOI -2. Construction - Related Vibration Limits. To prevent cosmetic damage to existing adjacent structures, the project contractor shall restrict equipment operations within 25 feet of adjacent structures, whereby surface vibration will be limited to no more than 0.2 in/see PPV, measured at the closest residential structures. 48. NOISE AND VIBRATION MITIGATION MEASURE NOI -3. Construction - Related Noise Abatement: The project contractor shall demonstrate that the project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25 feet, b. Property occupants located adjacent to the project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet 27 shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the Town of Los Gatos Public Works and Community Development Department prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works and Community Development Departments, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works and Community Development Departments. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Disturbance Coordinator. d. Construction haul routes shall be designed to avoid noise- sensitive uses (e.g., residences, convalescent homes, etc.). e. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. f. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction activities shall occur between the hours of 8 :00 a.m. and 8:00 p.m. on weekdays and 28 9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos Community Development (Building) Department, that construction noise shall not exceed 85 dBA outside of the property line. 49. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -1, Winchester Boulevard and Albright Way (Unsignalized Intersection #4). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with protected left -turn phasing on Winchester Boulevard. Intersection level of service would improve to LOS B during both peak hours with the improvements. However, based upon vehicular queuing analysis, it is recommended that the project entrance at Winchester Boulevard and Albright Way be restricted to right -turn in and out only and a new signalized project entrance be provided along Winchester Boulevard approximately 200 feet south of Albright Way. The new signalized entrance will be aligned with the entrance to the Courtside Club forming a new four - legged signalized intersection with signal interconnect to the signals at Winchester Boulevard and Wimbledon Drive and Winchester Boulevard and State Route 85 (S). The close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive will require that the two signals be interconnected and signal timing to be synchronized. Alternate configurations may be possible to accommodate specific project phasing. Any interim alternate configurations must provide a level of service that conforms to the Town's Traffic Impact Policy. 50. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -2. University 29 Avenue and Lark Avenue (Unsignalized Intersection #7). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with signal interconnect to and coordination with the signal at Winchester Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C during the AM and PM peak hours, respectively, with the improvements. It should be noted that this intersection is projected to operate at unacceptable levels under Town of Los Gatos 2020 General Plan Conditions. The Town of Los Gatos Draft 2020 General Plan identifies the above improvement as a roadway improvement necessary to accommodate the future development allowed under the 2020 General Plan. However, due to the lack of dedicated funding sources for the improvements identified in the General Plan, this improvement cannot be assumed to be completed under Project Conditions. Therefore, the project will be required to fund and construct the improvement, unless other development is identified that will contribute a `fair share' amount toward the implementation of the improvement. 51. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -3. Winchester Boulevard and Lark Avenue (Signalized Intersection #6). The developer shall interconnect and synchronize the traffic signals at the Lark/University, Winchester /Lark, Winchester /Wimbledon, and Winchester/New project entry intersections to mitigate pre- and post- project queues at the Lark Avenue intersection by preventing them from extending into the Wimbledon Drive intersection.) The interconnection and 1 These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University, Winchester /Lark, Winchester /Wimbledon, and Winchester/New project entry that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn 30 synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization. 52. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -4. Pedestrian and Bicycle Access. In order to avoid potential pedestrian safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, all required improvements along Winchester Boulevard (including those specified in Mitigation Measure TRA -1 through TRA -3) shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit. 53. TRANSPORTATION /TRAFFIC MITIGATION MEASURE TRA -5: Parking Survey. During the Architecture and Site review process, a parking survey shall be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for senior residents as well as senior facility staff under Scenario 4. Building Division 54, PERMITS REQUIRED: A building permit shall be required for the construction of each new structure. Separate building permits are required for site retaining walls, swimming pools, etc; separate electrical, mechanical, and plumbing permits shall be required as necessary. 55. CONDITIONS OF APPROVAL. The Conditions of Approval shall be stated in full on pockets. 31 the cover sheet of the construction plan submitted for building permit. 56. 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). 57. SOILS REPORT, Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 58. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations 59. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF -IR shall be printed on the construction plans. 60. 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 any building permits, 32 in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be printed on the construction plans. 61. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non -point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet is available at the Building Division service counter. 62. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency approvals before issuance of a building permit: a. West Valley Sanitation District: 378 -2407 b. Santa Clara County Fire Department: 378 -4010 c. Los Gatos Union School District: 335 -2000 Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building plans. TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR: Engineering Division 63, GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications, subject to the provisions of any applicable Development Agreement. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street 33 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. 64. DEVELOPMENT AGREEMENT. The applicant shall enter an agreement to construct public improvements in accordance with Town Code 24,40,020, subject to the provisions of any applicable Development Agreement. 65. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Parks and Public Works Director, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department at 110 E. Main Street is needed for grading within the building footprint. 66. GRADING PERMIT PHASING. Phased grading permits may be allowed if approved by the Town Attorney and the Parks and Public Works Director. Phasing may relate to development phases or to multiple grading permits within a development phase, such as early release of a grading permit prior to release of the building permit. Bonding of early grading improvements may be required. 34 67. TENTATIVE MAP. A tentative map and A &S approval are required for each development phase, prior to submittal for a final or parcel map for that phase. Phased final maps shall be permitted. 68. SUBDIVISION MAP. A final or parcel map shall be recorded. Two copies of the final / parcel map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any building permits are issued. A &S and Tentative Map planning applications shall be approved for each development phase before a parcel or final map for that phase is recorded. 69. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 70. DEDICATIONS. The following shall be dedicated on each subdivision map. The dedications shall be recorded before any permits are issued. a. Winchester Boulevard. Right of way as needed to accommodate required frontage and site entry improvements. b. Public Service Easements (PSE), as required. c. Ingress- egress, storm drainage and sanitary sewer easements, as required. d. Emergency Access Easement. Twenty (20) feet wide, extending from the northerly terminus of Charter Oaks, through the project site, to Winchester Blvd. 71. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided for each building stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to 35 construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 72, DESIGN CHANGES, The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as- built" drawings. 73. AS -BUILT PLANS. After completion of the construction of all work, 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 civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. M 74. FINISHED FLOOR ELEVATIONS. Finished floor elevations for all new structures shall be higher than the 100 -year water surface elevations identified on Flood Insurance Rate Maps current at the time of building permit issuance. 75. PLAN CHECK FEES. Mapping and Grading Permit plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. Fee amounts are as specified in the applicable fee schedule, subject to the provisions of any applicable Development Agreement. 76, INSPECTION FEES. The Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. Fee amounts are as specified in the applicable fee schedule, subject to the provisions of any applicable Development Agreement. At the discretion of the Town Engineer, the developer shall fund a Public Works inspector on a time and materials basis as needed for the duration of the mass grading and drainage construction for each development phase, subject to the provisions of any applicable Development Agreement. 77. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 78. THIRD PARTY INSPECTOR FEES. The applicant shall pay for the inspection of public street lighting and traffic signal related work. Inspections shall be performed by the Town's street lighting and traffic signal contractor. An initial deposit of $5,000 shall be made to the Town prior to issuance of an encroachment or public improvement permit. Inspection will be on a cost recovery basis and additional inspection fees may be 37 required. 79. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 80. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit for each development phase, subject to the discretion of the Town Engineer. 81, STORMWATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre - qualified by the Town. In the event that storm water measures proposed on the A &S approval differ significantly from those certified on the Building /Grading Permit, the Town may require a modification of the A &S approval prior to release of the Building Permit. The applicant may elect to have the A &S submittal certified to avoid this possibility. 82. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner or 38 Owner's Association, as appropriate, shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the property owner or owner's association, as applicable, and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 83. SITE DRAINAGE. Any storm drain inlets (public or private) shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. 84. NPDES. On -site drainage systems for all projects shall conform to the requirements of the Municipal Regional NPDES Permit that is current at the time of A &S approval for each development phase. Each development phase must provide, at a minimum, sufficient improvements to treat all development within that phase. Deferral of treatment to future phases will not be allowed. 85. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision map, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to recordation of each map or issuance of a building permit. 86. 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. 39 87. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 88. TRASH ENCLOSURES. Trash enclosures shall be covered and provided with a drain connected to the sanitary sewer system. 89. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 90. UTILITIES. All new utilities shall be placed underground. 91. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress print to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off - street valve boxes, hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail boxes. Above M ground utilities shall be reviewed and approved by the Community Development Director prior to issuance of any permit for each development phase, 92. PHOTOMETRICS. Site lighting photometrics shall be provided with each Architecture and Site application. 93. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of each subdivision map. 94. JOINT TRENCH PLANS, Joint trench plans shall be reviewed and approved by the Town prior to recordation of each map. The joint trench plans shall include street and /or site lighting and associated photometrics. A letter shall be provided by PG &E stating that public street light billing will by Rule LS2A, and that private lights shall be metered with billing to the owners association. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans. 95. TRENCHING. Trenching within public streets will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing thickness, whichever is greater. The final lift shall be 1,5- inches of half inch medium asphalt. The initial lift(s) shall be of three quarter inch medium asphalt. d. The Contractor shall schedule a pre- paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. 41 e. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. 96. TRAFFIC IMPACT FEE. The developer shall pay the Town Traffic Impact Fee in accordance with the Town Code and Council fee resolution in effect at the time the building permit application is made, subject to the provisions of any applicable Development, Agreement. Credit from demolishing existing office use shall be applied toward the new office /R &D space. It shall not be allowed toward the residential use unless there is unused credit after all new office /R &D space A &S applications have been approved. 97. PARKING. Any proposed parking restrictions on public streets must be approved by the LGPD. 98. TRAFFIC CIRCULATION STUDIES. In connection with the A &S Approval for each development phase, the developer shall prepare design -level circulation plans to address onsite circulation and project entry points from Winchester Boulevard. The plans will identify the configuration of on -site circulation facilities and the configuration of project entry points from Winchester Boulevard, as needed to support each development phase. The plans shall be in accordance with the Traffic Impact Study dated March 17, 2011 previously prepared for the Albright Way Project, and mitigation measures identified 42 therein. The plans shall be funded by the developer and subject to Town Engineer approval. 99. TRAFFIC IMPROVEMENTS. The following traffic improvements shall be provided in addition to those identified in the CEQA review. These improvements shall be substantially complete prior to issuance of the first certificate of occupancy, and fully complete and accepted by the Town prior to the final certificate of occupancy for the applicable development phase. a. New Project Entry. The applicant shall provide detailed intersection traffic analysis for the proposed intersection configuration to Town Engineer for approval. As a minimum, an additional right turn lane entering the project site, additional bike lanes along Winchester Boulevard, and two left -turn lanes exiting the project site shall be required. All cost including and not limited to traffic analysis, design, construction, inspection, and construction management shall be borne by the applicant. The analysis and construction shall address all four legs of the intersection, including the Courtside leg. b. Winchester Blvd. /Albright Way. Construct a landscaped median island with turn restriction signage. c. Frontage Improvements. Paint pole and Install LED light fixture for all existing street lights at the project frontage. 100. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards, subject to the provisions of any applicable Development Agreement. These improvements may include but not limited to curb, 43 gutter, sidewalk, driveway approaches, curb ramps, street lighting (upgrade and /or repaint) etc. 101. PUBLIC IMPROVEMENTS. Plans for public 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 the recordation of a subdivision map for each development phase. The improvements must be substantially completed prior to issuance of the first certificate of occupancy, fully complete and accepted by the Town prior to issuance of the final Certificate of Occupancy for each development phase. 102. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. A slurry seal shall be provided across the full road width in areas of trenching, road widening, median modification or construction, and where striping has been ground off. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 103. PUBLIC AND PRIVATE IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all public improvements, and private circulation and drainage .. infrastructure improvements that are a part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit for each development phase. Applicant shall provide two (2) copies of documents verifying the cost of the applicable improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 104. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 105. SOILS REPORT. One copy of the soils report shall be submitted with each grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code, 106. SOIL EXPORT. The total soil export volume (sum of all development phases) from the site shall not exceed 90,000 cubic yards. The contractor's project engineer shall send daily trucking reports to the Engineering inspector during the export operation of each development phase. 107. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m, and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off 11 the project site. This may include, but is not limited to provisions for the developer /owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 108. SOILS REVIEW. Prior to issuance of each grading permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 109. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to; silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and ., SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit. 110. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items; a. Retaining wall- -top of wall elevations and locations b. Toe and top of cut and fill slopes 111. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35 -mm or digital video camera. The survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the Campbell City limits. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 112. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete a post construction pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre- construction condition and strength shall be determined using State of California procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval. The Applicant shall be responsible for completing any required road repairs prior to release of a certificate of 47 occupancy. 113. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of any grading permit. 114. DEMOLITION. Any existing structures that would straddle a future property line shall be demolished prior to recordation of the final or parcel map for the applicable phase. 115. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 116. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at construction sites greater than four acres in area: a. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.) c. Limit traffic speeds on unpaved roads to 15 mph. d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. 117. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and property owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 118. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 119. 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 Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 120. 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 M curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project, 121, PRIVATE EASEMENTS. Agreements detailing rights, limitations; and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with each subdivision map. 122. PRIVATE STREETS. All new streets shall be private. 123. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre- construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 124. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations, 125. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. 50 The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 126. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption, K Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 51 127. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 128, COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 129. CC &R's. A copy of the CC &R's shall be submitted for review and approval by the Town Attorney and Planning Division prior to map recordation. 130. AIR QUALITY MITIGATION MEASURE AQ -4: Additional DPM Reduction Construction Measures. Prior to the approval of project plans and specifications, the Town Engineer, or his designee, shall confirm that the construction bid packages include a plan demonstrating that the off -road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) will achieve a project wide fleet - average 20 percent NO reduction and 45 percent diesel particulate matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low - emission diesel products, alternative fuels, engine retrofit technology, after - treatment products, add -on devices such as particulate filters, and /or other options as such become available. These limitations shall be stipulated in construction bids, plans, and specifications, and shall be enforced by the Town Engineer. 131. UTILITIES AND SERVICE SYSTEMS MITIGATION MEASURE USS -1: Preserve or relocate existing eight -inch line sanitary sewer line. During Architecture and Site Review, detailed utility plans shall indicate either preservation or relocation of the existing eight- 52 inch sanitary sewer transmission line to accommodate service for off -site flows north through the site and establish a new sewer easement for this line. In addition, a letter from West Valley Sanitation District stating approval of the project, shall be provided to the Town by the applicant. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 132. Review of this development proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 133. Specific comments regarding construction requirements will be provided upon submission of specific structural plans and specifications. 134. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slop of 15 %. For installation guides refer to Fire Department Standard Details and Specifications sheet A -1. CFC Sec. 503 135. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000 53 pounds. (NOTE: this requirement addresses proposed high -rise structures). CFC Sec. 503 136. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28 -35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft width. CFC Sec. 503 137. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction, During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec, 501 138, FIRE SPRINKLERS REQUIRED. Approved automatic sprinklers are required in all new and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. Exception: One -time additions to existing buildings made after 01/01/2008 that do not exceed 500 gross square feet. (NOTE: new editions of applicable codes may require fire sprinklers in all new structures, regardless of size.) CFC Sec. 903.2, as adopted and amended by LGTC. 139. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 54 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. (NOTE: hydrant spacing and minimum required flow may change based upon subsequent editions of plans submitted to this office). CFC Sec. 508.3, per Appendix B and C. 140. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 55 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 1, 2011, 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 August 15, 2011 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Diane McNutt, Steve Rice and Mayor Joe Pirzynski NAYS: Steven Leonardis and Barbara Spector ABSENT: 31BUI ATTEST: j SIGNED: a P-1 ?; 61 + � • MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 56 I PL :9'0 160 ALBRICHT WAY-AND 14600 WINCHESTER BOULEVARD TOW O L GATO Application No. PD 0.05 " A.RN.'# 424 - 31.053 084, 424.32«038 045 054 069 060 063 Change of zoning map amending the Town Zortiing Ordinance. ® Zone Change From: CM:PD To: CM:PD Forwarded by Planning Commission Approved by Town Council Date: ®$'_I.�• I 1 Clerk Administrator Mayor Date; May 31, 2011 Or L"xhib3.t A Of Attachment I L li p ' Mi l I I R rd wo r�� A PROJECT TEAM Owner's Representative /Applicant: John R. Shenk 700 Emerson Street Palo Alto, CA 94301 650 - 614 -6245 Architect: Form4 Architecture, Inc. 126 Post Street 3rd Floor San Francisco, CA 94108 415- 293 -6604 contact: Bob Giannini, AIA Environmental & Civil: RBF Consulting 111 North Market Street, Suite 440 San Jose, Ca 95113 408 - 993 -9224 contact: Laura Forbes / Mike Keaney Landscape Architect: Guzzardo Partnership 836 Montgomery Street San Francisco, CA 94133 415- 433 -4672 contact: Paul Lettieri / Nick Samuelson John R. Shenk, Al TODr -• Zoning and.,plavefornent Agreement SHEETINDEX Al Cover Sheet A2 Project Team & Index A3 Vicinity Map & Existing Use A4 Site Photos A5 Site Photos A6 not used A7 not used A8a Land Use Exhibit A8b Land Use Exhibit A9 Setback Diagram A10 Proposed Office Building Sections All Illustrative Site Plan: All Office Al2 Illustrative Site Plan Alternate Site Entry Location: All Office A13 Illustrative Site Plan: All Office - Potential Phasing Plans A14 Illustrative Site Plans: Mixed Use A15 Illustrative Character of Office Exterior Design & Design Guidelines A16 Illustrative Overall Site Sections A17a Illustrative Photo Simulation A17b Illustrative Photo Simulation A18 Shadow Study Cl Existing Conditions C2 Illustrative Grading Plan: All Office C3 Illustrative Utility Plan: All Office C4 Conceptual Stormwater Quality Exhibit C5 Tree Location Exhibit L1 Illustrative Landscape Plan: All Office L2 Illustrative Pedestrian Circulation Diagram Form 4Architeclure, RBF Consulting, GuzzardoPartnership �� Project Team & Sheet Index .-. June 30, 2010 Planning Comment Response: August 9, 2010 Plan ning Comment Response: February 23, 2011 1' .1111110r'anning Comment Response: March 18, 2011 Z s a Vicinity Map Existing Conditions John R. Shenk, Form4 Architecture RBF moulting, Guzz ar rs ip 3, A3 Alb a �, ----- Vicinity Map & Existing Conditions June 30, 2010 = TOD Zoning and Development Agreement John R. Shenk, Form4 Arch itecture, RBFConsulting, Guzz ar rshtp Al --- TOf Zoning an w n 'Agreement A4 )S 4une 30," Respanse: March 18, 2011 John R. Shenk, Albr TOD Zoning and Development Agreement Form4 Architecture, RB:F Guzz ; ar rs h ip A5 SitewPhotos June 30 2010 Lanni ment Response: March 18, 2011 WINCHESTER BOULEVARD � J y_ 1 AN °5 °p(RR 0 l/ Project Description: The project proposes a Planned Development (PD) overlay zoning ( "PD Overlay ") that will allow the potential for a mix of land uses on the Property. The project may consist of office /light industrial alone or a mix of office /light industrial and senior residential uses. The project could include up to a maximum of 550,000 square feet of office /light industrial (as more particularly described below) or a combination of less office /light industrial with senior residential uses. Senior residential uses could include up to a maximum of 168 senior units. The specific uses for each phase of the project will be determined by the applicant at the Architectural and Site Approval stage, and any combination of uses authorized by the PD Overlay is authorized up to the stated maximums, subject to the Senior Residential Development Triggers described below, provided that the combination of uses does not result in new or substantially more severe environmental impacts than disclosed in the approved Mitigated Negative Declaration for the project. If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the approved Mitigated Negative Declaration for the project, then appropriate CEQA review shall be required prior to Architectural and Site Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. John R. Shenk, Form4Architecture, RBF0'6 Guzza ar neiship ■ VI T V ----- Land Use Exhibit a. I June 30. 2010 Y —^ Planning Comment Response: August 9, 2010 �. -+ Planning Comment Response: February 23, 2011 TOD •Zoning and Development Agreement Pl anning Comm ent o Response: August 10 ,2011 Senior development will i be setback 261 feet from the centerline of I Highway 85 per mitigation measure i I AQ -5 as described on page 50 of the report I �s� I "Air Quality and Green moo House Gas Assessment, I Albright Way ;� 1 Development Project, ° • °� ' February 7, 2011 w � NF4 TRACT N0, 5190 1307 M 21 -241 \ I � J y_ 1 AN °5 °p(RR 0 l/ Project Description: The project proposes a Planned Development (PD) overlay zoning ( "PD Overlay ") that will allow the potential for a mix of land uses on the Property. The project may consist of office /light industrial alone or a mix of office /light industrial and senior residential uses. The project could include up to a maximum of 550,000 square feet of office /light industrial (as more particularly described below) or a combination of less office /light industrial with senior residential uses. Senior residential uses could include up to a maximum of 168 senior units. The specific uses for each phase of the project will be determined by the applicant at the Architectural and Site Approval stage, and any combination of uses authorized by the PD Overlay is authorized up to the stated maximums, subject to the Senior Residential Development Triggers described below, provided that the combination of uses does not result in new or substantially more severe environmental impacts than disclosed in the approved Mitigated Negative Declaration for the project. If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the approved Mitigated Negative Declaration for the project, then appropriate CEQA review shall be required prior to Architectural and Site Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. John R. Shenk, Form4Architecture, RBF0'6 Guzza ar neiship ■ VI T V ----- Land Use Exhibit a. I June 30. 2010 Y —^ Planning Comment Response: August 9, 2010 �. -+ Planning Comment Response: February 23, 2011 TOD •Zoning and Development Agreement Pl anning Comm ent o Response: August 10 ,2011 Authorized Uses: Office /Light Industrial Uses: Offices, including corporate, administrative, business, and professional offices, but excluding medical and dental offices. Light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses (including indoor storage of materials and products). Ancillary office- serving retail comprising not more than 10% of the total allowed office area for each Architectural and Site Approval. Office- serving uses designed to primarily serve those employed at the site or visiting the site for business purposes, such as: recreational facilities; conference and training facilities; restaurants, cafeterias and other eating establishments; health and wellness facilities; and ancillary uses such as on -site banking, ATMs, private post offices, personal services (such as dry cleaning pick up) and similar support uses. All uses permitted in the CM, and O zones, excluding medical and dental offices, churches, sports clubs other than as accessory to a permitted use, and public and private schools. Senior Housing Uses: Senior Housing including without limitation, independent living, assisted living, skilled nursing, as well as Continuing Care Retirement Community and or Residential Care for the Elderly, including full food service and the sale of alcohol Conditional Uses (CUP Required): Except as otherwise specifically permitted above, all conditional uses in the CM and O zones, excluding residential. Development Standards: Office /Light Industrial Up to 550,000 square feet Parking to have minimum 3.3 stalls per 1,000 sf of occupied space Setbacks vary based on height and location on the project site as shown on sheet A9 of the PD Zoning Overlay Plan Set The maximum height of the office buildings may be up to five stories and 85' -0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum permitted height 85' -0" (eighty five feet zero inches). The maximum height of the parking structures shall be three stories and 35' -0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. Senior Housing Up to 168 senior housing units and substantially ancillary uses. Parking will be determined as a part of the Architectural and Site approval depending on the type of senior housing that is proposed. Setbacks vary based on height and location on the project site as shown on sheet A9 of the PD Zoning Overlay Plan Set The maximum height of senior housing buildings may be up to three stories and 50' -0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. Floor Plate Guidelines: Office /Light Industrial Uses Maximum floor plate size of 40,000sf. Each floor may not be more than x% of the first floor as follows: 1st Floor = 100% 2nd Floor = 100% - 95% of 1st Floor 3rd Floor = 95% - 90% of 1st Floor 4th Floor = 90% - 85% of 1st Floor 5th Floor = 85% - 80% of 1 st Floor In connection with A &S Approval, the Town shall have the discretion to approve lesser reductions in floor plate size upon a finding that the architectural intent of an articulated facade is achieved. Lot Coverage. Maximum lot coverage for both buildings and parking structures is limited to 50% of the lot area. Senior Residential Development Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000 square feet of new office /light industrial development on the Property, and (ii) 60 months after the approval of the PD Overlay Ordinance, the applicant shall not submit applications for building permits for senior housing on the Property. Upon satisfaction of the Senior Residential Development Triggers, the applicant may submit and the Town will process applications for building permits for the Property for any uses or combination thereof permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay, provided that the land area of the Property approved for senior housing uses shall not exceed seven (7) acres, shall be located on the southern portion of the property adjacent to the existing residential property, and shall have a maximum total density of 24 units per acre of residential development, inclusive of below market program and other housing requirements, incentives and bonuses. John R. Shenk, Form4 Architecture, R.B. Albright TOD Zoning and Development Agreement,,, T i, GuzzaJ* ar rs ip A8b Land Use Exhibit June 30, 2010 Planning Comment Res se:= August 9, 2010 Planning Comment RespIp e: February 23, 2011 Planning Comment Resp&se: August 10, 2011 W ICHESTER BOULEVARD EN Yl EWr rRarERn ice. ' 6EE CNL OrAWIROE 1 r — — — — — — — — —I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 Setbacks for parking structures serving I I — — — — — — — — I I — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 office /light industrial PROPOSED SETBACKS THIS I L - -1 buildings shall be per 1 ' ' — — — — — — — — — — — — — — — — — — — — — — — — — — — — I I 1 I existing CM zoning APPLICATION IT standards, except that 1 1 Senior Housing — I 1 the setback adjacent to 1 over 30' tall setback Highway 85 (northern Senior Housing and Parking I —office /light industrial setback= 1 I property line) as well as structures serving senior 1 line 50' from property 80' from property line for all I I 400' property t nort fr rly housing: 1 1 building heights 1 1 1 1 Winchester, where the 1 Railroad property Perimeter setbacks: 1 I 1 separates the subject PRO RWUW 1 1 1 property from the public Structures 30' or less: right of way, shall be Per the RM zoning standards 1 r 1 1 20' -0° Structures over 30' tall I 1 PROPENT' 50' from property line 1 1 sEE rnuoRewnr 1 * Height as defined in the RM district (section 29.40.650) LO Internal Setbacks: _ _ _ _ _ \ I I C0 Per the RM Zoning Standards \ I I r PROPERTY SEE gVILpi/WING V A I I Office /Light Industrial or other \ I I non residential uses: \ I I Perimeter setbacks: \ I I 1 All structures except parking: 80' \ J from property line \ �� Parking structures: Per the CM \ zoning standard, except adjacent to \ \ 2 Highway 85 and the northern \ \ portion of Winchester Boulevard where the setback is 20', as shown on this she A Internal Setbacks: rROreRry rmE. Per the CM Zoning Standards Po w-s GN paN� John R. Shenk, Form4Architecture, RBF Cons ulting. Guzzardo ParIMI p A9 Al' ri ,,�......++.- ���""''"�� 2 Setback Diagram June 30, 2010 wo --" Planning Comment Response: August 9, 2010 ' + Planning Comment Response: February 23, 2011 TO Do-w Zoning a Pig re e m e n t 1% Planning Comment Response: August 10, 2011 Please refer to Sheet A9 for setbacks based on number of stories. Illustrative 4 -Story Height Diagram John R. Shenk, Al - D rIgnt _. TODD • Zoning an n s agreement Illustrative 5 -Story Height Diagram Form 4Architecture RBFConsulting, Guzzardo , P-a-7111176 rship A 10 Building Sections June 30, 2010 Planning Comment Response: August 9, 2010 a. , „"'wiv: 81'x' MA)3" HEIGHT +64.6' AT MECHANICAL ROOF SCREEN------------ T.O. ROOF SCREEN \ 7 _ 4'$' MAMUM HEIGHT - - - _ +I4'.6' - -- � o \ AT 6 STORY E dtillOR WALL T.O. PARAPET _ 70'-0' MAXIMUM HEIGFIT _ _ _ _ _ +70' -0' \ ATMECHANIGALROOFSCREaI 1 T.O. ROOF SCREEN 4 ` W4r M AXIMUM HEIGHT I +60' -0' ---- -- ---- -- - -- - - - - -- AT 4 STORY EXTT - T.O. PARAPET +58' -0' T.O. 5TH FLR. SLAB \ 4 w +43' -6' \ +43' -6' \ T.O.4TH FLR. SLAB TO. 4TH FLR. SLAB g + -0 ' \ +29' -0' \ T.O. 3RD FLR. SLAB TO. 3RD FLR. SLAB + 14-6 ' \ I +14E' \ TO. 2ND FLR. SLAB TO. 2ND FLR. SLAB +0' -0' T.O. SLAB T.O. SLAB Illustrative 4 -Story Height Diagram John R. Shenk, Al - D rIgnt _. TODD • Zoning an n s agreement Illustrative 5 -Story Height Diagram Form 4Architecture RBFConsulting, Guzzardo , P-a-7111176 rship A 10 Building Sections June 30, 2010 Planning Comment Response: August 9, 2010 a. , „"'wiv: r Note: The all -office master plan shown on this sheet is one of numerous possible configurations, and is shown to illustrate 110,000 sf buildings, 4 stories tall parked at 3.3/1000 sf Please see sheet All 2 for alternate plan option should a possible traffic mitigation with full office buildout suggest relocating the main entry point. IIItI( / L IIIIII I PROPERLY ME SEE GVR IXUM , E PARKING GARAGE 3 LEVELS malnta�n existin`ed Slope POSITION OF BUILDINGS RELATIVE TO CODE AND FIRE PROTECTION REQUIREMENTS - OFFICE and SENIOR USES: Distances between structures will be as dictated by Building Code which takes into account construction type, sprinklers, height, side yards, etc. Relative to Fire Protection, buildings shall be located so that a fire truck can park on an approved and stable surface within 30' measured horizontally from two remote points of the roof. In addition, when portions of a building are further than a 150' hose reach (for example in the center courtyard), approved fire hydrants will be located as directed by the Fire Department. WICHESTER BOULEVARD EN l Exn t �t�TI 1 f Irl 111 fT f a ° mss v+ • s R � Pr .s "" +E °4. �`� ; John R. Shenk, Form4 Arch l ecture, R4WOVORTIting; Guz arp A l I 1 b a t W a i Illustrative Site Plan: Scenario 1, All Office June 30. 2010 ` of- R A 2 1 no PARKING GARAG 3 U_VELS Parking Structure setback proposed as 20' c from property line at Highway 85. weaaEn"L SEEC LgU% anning omment espouse. ugust 9, nn 4 n TOD Zoning and Development Agreement Planning gC Co ommentRespon Febru , 2011 August 10 • " - Planning Comment Response: August 10, 2011 goo Emerg Vehicle cul de Access from \H._. parking t to o existing de sac Y LO PARKING GARAGE 3 LEVELS Lp c r rn anning omment espouse. ugust 9, nn 4 n TOD Zoning and Development Agreement Planning gC Co ommentRespon Febru , 2011 August 10 • " - Planning Comment Response: August 10, 2011 goo Emerg Vehicle cul de Access from \H._. parking t to o existing de sac Potential new signalized access point located to align with Courtside Club existing driveway. J � Reconfigure current site entry point to right in / right out. Alternate master plan option should a possible traffic mitigation with full office buildout suggest relocating the primary site entry point. Note: The master plan shown on this sheet represents one example of numerous possible configurations. 0 .N t � 2 a ,. John R. Shenk, Vig 00-0�'z�� A TODow Zoning an W nAgreement Form Architecture,_. R•; Illustrative Site Plarf Mrnat6i Site E Scenario 1 All Office Y low Guzz - ar rip ntr Location: Al2 y June 30, 2r Planning Comment Response Augrfsh9;�-2010 February 23, 2011 _., x, Phasing: 0 I -n J Note: The master plans shown on this sheet represent examples of numerous possible configurations. Al'bright TO D} Zoning an Igment Agreement U L -4 _— Future buildings may be constructed in phases. All or any portion of the existing development is permitted to remain in place and continue in office /research and development use, such that at any time the property may be improved partially with all or some of the existing buildings and partially with new development, which new development may include any of the uses authorized on the land use exhibit. The layouts shown on this page indicate one possible phasing sequence (using an all office configuration for the example) where new and exiting buildings would coexist during the process to total build - out. John R. Shenk, Form4 Architecture, RBF Consulting, Guzzardo Partnership A Illustrative Site Plan: AII- Office - Potential Phasing Plans J 1 0 10 Scenario 1 All Office Planning Comment Response:August9,2010 Planning Comment Response: February 23, 2011 Possible Mix of Uses: The diagram on this sheet shows an example of a possible configuration mix between office and senior residential uses described earlier on Sheet 8a. Senior / Mixed -use Alternative .4a Note: The master plan allocation shown on this sheet represents one of numerous possible configurations. Consulting, Guzzardo Far tner's�ip John R. Shenk, Form4 Architecture, RBF Cons Illustrative Si Al-b a e Plans: Mixed Use June 30, 2010 f 1, Planning Comment Response: August 9, 2010 TO D�- 9 Zoning an _ e m of Agreement . Planning Comment Response: February 23, 2011 ,,,� -_ '°'Planning Comment Response: August 10, 2011 Architectural Design Guidelines for Office & Residential Use: The Albright site is bounded by a boulevard /rail line and freeway on two sides, a residential neighborhood and the Los Gatos Creek Trail on a third, and an office building to the fourth. The design goals for future buildings on the site are to fit into that transitional environment and to provide adequate density for a transit oriented development to meet the Town's goals. Density guidelines are addressed in this package. The goals for fitting into the environment are described as follows: Style: The buildings and parking structures are to be contextual in a Los Gatos design style: Abstracted Mediterranean. Massing: Buildings will have a base, middle and top. For buildings 3 stories and taller, portions of the upper floors will be setback from floors below so the apparent building mass is reduced as it becomes taller. Employ additional techniques that reduce apparent mass such as ground floor arcades and setbacks, trellises and overhangs. Modulate roof forms to break up the skyline. Materials & Colors: The predominance of materials and colors are to be natural. A mix of exterior materials will be used to create a composition of glass and solid. All glass buildings are not allowed. Solid materials could be cement paster, concrete, GFRC, metal, or wood. Other than at spandrels, reflective, dark or opaque glass is not allowed. Site: To work with the site's natural grades, site design shall utilize walls, terraces, and landscaped steps that become an extension of the building architecture, and create useful outdoor social gathering spaces. Integration of pedestrian connectivity to the Creek Trail is important. b " gl n TO[ Zoning �.z John R. Shenk, WTY Development Agreement Form4 Architecture, RBF Consulting Illustrative Character & Design Guidelines GuzzarAW,ar rs ip A 15 of Office Exterior Design l ow June 30, Planning Comment Res Aug?® Planning Comment Resp�gasp: February 23 1 Los Gatos Creek Trail SITE SECTION AT NORTH PARKING GARAGE Note: Buildings may be up to 5 stories tall and would employ the massing guidelines described on Sheet Al 5. Mt I 6A/AE Fw PAD ELEVATION: 276.0 Winchester Existing wall of mature trees SITE SECTION AT OFFICE BUILDING n _ 1 Ft IA SITE SECTION KEY PLAN � t - John R. Shenk, U I I Y H L V V TOD�- Zoning and s n Agreement Form4"Architecture, RBF Consulting. Guzzardo Partnership A16 111LIF Overall Site Sections June 30,2 �� ,. � ,�, s• Planning Comment Response: August 9, 20 0 John R. Shenk, Form4Architecture. RBF suIt Guzz 4 arfne'rship ■ POW n ri TODow Zoning and Development Agreement �- - A I /a , 01lustrative Photo Montage June 30. 2010 `'° Planning Comment Response: February 23, 2011 Planning Comment Response: March 18, 2011 This and the following page are photo simulations depicting the tallest buildings allowed per the zoning, taken from these 8 viewpoints. John R. Shenk, ri a TOD • Zoning and Development Agreement e Form Archi a tecture,.. R hfaj- Guz:z, ar rship A17b 4 ellustraative Photo Monta � g June 30, 1 _ .� `' ne °+r"_''' PI n T'Respopse February23,- 2011,._ �n ment Response: March 18, 2011 -�* { .A s S s a Note: The master plans shown on this sheet represent examples of numerous possible configurations. A � -. F TOE Zon •1 a!; — reement SUMMER June 21 •.0 Hill 3PM WINTER December 21 9AM I ill 11 Shadow study assuming the tallest buildings allowed per the zoning. 3PM John R. Shenk, Form4 Architecture, RBF M11 Guzz ar rs ip v A8 = Shadow Study June 3I20,0 �'' � , R "^ Planning ment Response: March 18, 2011 PARCEL FMR (`.n M w. ra-a111.) WINCHESTER BOULEVARD _ (PMMIxG EAA¢JENt) $ � " - -_- LANDS - OF' SOUTHERN - PACIFIC TRANSPORTATION COMPANY -�— E �y PARCEL THREE PARCEL FIVE PARCEL X fFFA I1R tttDY) (IEP IIR ,� IIItr4) frtlx rlR - U SI tryt t Y� I PARCEL TWO - IDt 4H11M ur - - uixar,wr ur ux w�ert I IRIO nrurnu dw. , • -. � x 7 - fiFA PAR PIg T MCEL .tt ItiC) -1 °^ }` -_ ALBRIGHT_WAY Az[ -}z� y L THREE PARCEL ON „te -2) 0 a 8N I �aa PIP w �- .1111 -s> PARCEL OFE RA lC� P/x� (PIIt IO. IS- 13111M1Y) (fj \-- - - ' PARCEL FWR yG� PARCEL TWO (rtn 1`IN ro ros u+ 1142) "� ( A 11w'�wI'm to 1 IS A - - IC 1 1. TRACT NO. 5190 (307 M 21 -24) ' GtK co ffix M.. -Lsi A IOITIM 6 P i-2 - 00 �N O O a T OV 1x-1 F 0. } Q rn p4AMx1[ A`xx M.fERT pfIItlATIW lApi FAOI pZL F .. R .1. .01I FM NS INC.; LW WtDS CIVIL B KIM k MI( HF 91 ItOx [ NIBIK .I. ! 9MEtIX5. Ilc. fYiF➢ 4L0)1 EItO. // Alb right TOD- Zoning an menf Agreement John R. Shenk, Form4 Architecture, m' RBF ulting Guzzardo'Partner'7 C I Existing Conditions June 30, R 4* i Sir. WINCHESTER BOULEVARD — i__________ -- Slo� 9Ga F ; tF L7 a m G 0 1' ; PAD-2 PAiF]t1Y LIIE TC \ Tc A e JA \� pit ICI I ®— . 9EII( TC T( ff . Es CO'.W nclw[ S BDSrs/lWiER U.uR 9ltT ' CaSCa O�MA mEwis¢xr uEasu�€ Tw.B wv[ c u5=o w' nE imlx.v.o Loar xm >ra arw'aA.S w ixs sTES0ofsmixEew nYrry W. —Al. ..I.- — WvsiW.T V2UL mxr0'IG TMtEwTU W ],ESrtE Rl[BTT wrt EaErArt]N pDy EIEVAMNdT� Cum fu�4 v�murTEPoSSai hurt TOCCNSCpu Ip FAS+WG 4WL[5N4AW EbvE PRELIMINARY GRADING EXHIBIT ,_?FT 40„ IM. ll- R ^ e ]56,s 1< F6 6 T ]lv.Y Y6 .r — LC' V / 30 Q �, I : COEECTI TO L.. IMPERVIOUS SURFACES * E%15i11G 11FE1tVI W5 AISA 15.& A S (M7.OW W) PRCPOSFD IWERV101S AFfJ. 14 ft ACRES (645.000 SF) PROPOSED LAND USES * pEVELOPIFNT NEA 11.5L A S (939.000 SF) P IC STREETS 0 ACRES MIVAM STREETS A]D MIVEHIAYS 7.73 AQ S (334.000 SF) LAID COVETED BY MILIIINS INCUAING PATB(ING STRIXC 6.1• ACRES (266.000 SF) 1� ()FEN $PAC£ pp (LNOSCAPE/NNgYAPE) 7.& ACRES (319.000 SF) *THIS TAKE APPLIES TO THE ILLUSTRATIVE ALL 6FIM SITE PLAN SHURI M THIS S IF A SENIOR ITSIOEHITI AL COPIXOD IS IIAIOED, THESE N16pT5 4010 BE DIFFFN[NT. PROPOSED EARTHWORK i PISLIYINwY PAD MEVATIQA W GNADES 511)1$1 w T SE: TENS "TM. TO TIE EXTENT FFA519.E. T1E "ISTING M ITIQ6 IN ON"fR M MINIMIZE SITE ( IW .VD AOIIEW YIHIYIL WT M FILL. BASED W PRELIMINARY GLCIAATICfS MD A54APTT()S KE INS BUILDING STRI.CTFZN_ ELEIEMS. UISTIM SOIL C ITIIXS. N PIECISE MADING FM WATEN DUALITY FEATTfES, M ESTIMM W%I" W 15.000 CUBIC YA OF ()Fri IS ANTICIPATED. SKAA_D TIE PRMOSEO PNWIHG STRUO S INCLLOE SUBGRApE PNO(ING IEVELS, THE El0`ptT FIEOY THE SITE R D IMfE . IT IS WICIPAME) THAT IF EAM (IF TIE PNWING STRLCP INK)L E A FLIE BOOR OF R CFAOE PAINING TOUT T LET HALE FRUI TIE SITE M BE APPRO %IWMLY 90.000 (XHIC YARN. IF A SENIM WSIRNTIAL RAN IS ILKElE1NED M A Po TIM OF T SITE. TIE ESTIWTED EARTINttd( YOIAD W SIMILAR. Fq LIK _ –�S pw .....,.. e..v_ ee.m.�.... SIM John R. Shenk, Al TO&# • Zoning an n Agreement Form4 Architecture, RBF Consulting, Guzzardo Partnership low C2 Conceptual Grading -All Office June 30, 2010 ,._ Planning Comment Response: August 9, 2010 4&& �+� PI ning Comment Response: February 23, 2011 nning Comment Response: August 10, 2011 SLOPE SECTION A —A SCALE 1' =20' iaNUx ro FMISi1M W WIM PAD''287.5 s 1 F G 6 Rt3L iY LINES IX. IS B� WINCHESTER BOULEVARD flOfRtt L6E \ stil�ITr �c�w \ LVE5IIL Wim uIE \ g r' �. e sulrtAxr sEw.v uIE \. \�s�[�0. ,� Q° sWl MIN NN LINE tf} O ..T.. SEWN Y INW Mi. LQIECTN. y \ MIS WILNY LAl9)r RL. N N,S M r1E Iu161Mr11£ RAV 9A1. MIS 9Qr. Ii A 3 IW IESIRI!!IK RMI IS 1 Vi£OII♦D Pi A NTIIw 611E $IrE. TE UrILIIY UYM SILL \ ff ODlFrE R !R �KLL STILL f T 61511E \ PRELIMINARY UTILITY EXHIBIT �... John R. Shenk, _ r 0 1 g h t Wa - TO[ Zoningan en Agreement LIE LWECi T. IXISIMS SS WIN Form4Architecture, RBFConsulting. GuzzardoPaitnership +�GN Conceptual Utilities - All Office June 30, 2010 Planning Comment Response: August 9, 2010 Planning Comment Response: February 23, 2011 „� Planning Comment Response: August 10, 2011 F N&/ I FGEM LIW NDTE 12' WELL-SRNNED_/ SAND' LOW W� JDERDRAIN CLEANCLB W ITH RIM TO FIN'SH GRACE A7 BEGINNING J.10H MINT W BIO ALE LWERJUIN 2H'.12', 50/50.1. OF CHAIN ROD, ATZ CONB i SAND 6' RERTORATED NC UGLRDRAIN 19AFPEO IN GEOTEXTITE FABRIC — WRAPPED IN GEDTEXTIU FABRIC. N&/ I FGEM LIW NDTE 12' WELL-SRNNED_/ SAND' LOW W� JDERDRAIN CLEANCLB W ITH RIM TO FIN'SH GRACE A7 BEGINNING J.10H MINT W BIO ALE LWERJUIN 2H'.12', 50/50.1. OF CHAIN ROD, ATZ CONB i SAND 6' RERTORATED NC UGLRDRAIN 19AFPEO IN GEOTEXTITE FABRIC — WRAPPED IN GEDTEXTIU FABRIC. C CTED 10 ITEM INLET GRAW TO FIELD ,NET AT 9- P K).51 NOTE 1 BIO-SWAE IS - 0 K S-ORIDD TOWARC FIELD 1^EE7 WITH A MINION S-OPE OF' 0.5% TYPICAL 810-SWALE ,A)l 10 SCALE SECTION V L:NE WATER QUALITY TREATMENT* ESTIMATED WATER WALITY 2 CFS TREATL FLOW (t ) ESTIWATM TOTAL REWIRED 0,GTH 3,125 FT IT BIC 5VA-C ON PRWECT SITE TEM'TE AT Wa =CI TM (XIMI I TY TKAT�j �N CALC�ICN CCEETICUENR CF R1MT 0.9 FOR IMPIERVIDHS = 0.1 FOR f IOHS A6 • 0,2 TN/ (PEA TIE SANTA � V�Y URBAN • R� �UT:CN �TICN PROGRAM C 3 STORMSATER HA4)80�) "A WOF : CIA 3. CFS U1 VL 577Z 010-SV� �CLLATIDH USIVL51 S L E .NEW . - 1 19 FOR w ISN LWIITS N - 0. 2 VOR SHA-LIX RM �01 TOP OF .ATION (RS). 0.1 FOR CONVEYANM ASSLAME0 V&IE& CW.MEL SLOPE (5) I six sLoRL (SS) = 3 1 BED SLOK (IBS) 2% BOTTOM I:DTH (B) = 2 FT BCPTH a2 IT CONTACT - ;T3 10 MINS A -0.97 FT' P 6.47 FT R A/ 0.N6 US C/A O. FIJS L/V L �T 1 20 FEET TOT. REWIRED 810-SWIE i- TN ON SITE • (WCA/3)•L - 3.125 FT *TY W IUINANY CA-RLATIOM APP _Y TO TIE ILLISTRATIVU SITE PLAN SHOWN ON THIS SHEET ACTWL SIMS AND LOZATIONS OF aIC-SUALES fllLL VARY WITH 1W 10,S FE TAGE OF SIn. SOIL TV'C AN] r[NAI_ DESIGN - John R. Shenk, Form4 Architecture, RBF Consulting. Guzzardo Pat tnei sh1p Al b ■ rig ht WT Y� TODD --o Zoning Wr entAgreement Concekftal Stormwater Quality Exhibit C4 June 30, 2010 S`v Planning Cent Response: 4bw omm se: February 23, 2011 vr * mm 1, 1"Y -*,.- -AV,, � D � WINCHESTER BOULEVARD M o 00 0 0 0 0 r TV LIW m Q 2 `� John R. Shenk, Form4 Architecture, RBF Consulting. Guzzakrdo Partnership C 5 _n , .. _ �. Al'b . '' ri W a y . �-- Tree Location Exhibit June 30, 2010 - PI in Co ment Response: February 23, 2011 TOD Zoning and Development Agreement TREE LOCATION EXHIBIT `— �Mr K„ TREE REMOVAL MITIGATION SCHEDULE Emergency Vehicle Access from parking to existing cut de sac I) If it is act possible to replace a single large older Mee with an eguivalenl basis). In this rase, the bee shall be replaced with a combination of both the Tree Campy anal Tree Value Standards as determined by the Director. 2) If a bee carvrol be reasonably planted on the subject property the value of the removed treats) shall be peal to the Town Forestry FurM to: Add or replace trees on pudic property in the indoor of the subject Properly or: Mid bees a landscaping on other Town Property. The replacement value of a bee shall be determined using the most recent edition of 0e Guide for Rant Appraisal, as prepared by the Council of Tree and taniJ., Appraisers. Pedestrian amenities, connection & focal point at Creek Trail THE GUZZARDO a.. PARTNERSHIPIec. ta^drnps MraiM1 n,... Manton I:Ia.. „ ' �. John R. Shenk, Formd RBF - Guzz ar rs h ip *. lb' ri Concept andscape Plan -All Office a June 2010 A "' Planning Comment Response: Augus 9 9, 2010 - � t ,�prs�alr TO[ Zoning and Development Agreement`'' PEDESTRIAN AND BICYCLE CONNECTION h John �,,. Jon R. Shenk, Form4Architeetu(e. RBFConsulting, Guzf ar rship Albrl _ L2 ' ght W a Illustrative Pedestrian Circulation Diagram June 30, 2010 Planning Comment Response: August 9, 2010 Planning Comment Response: February 23, 201 i TOD • Zoning nd Development Agreement g P g LEGEND 50 0 2M 300' BUS STOP TH . GUZZARDO ^' LIGHT RAIL ■ P "' ALBRIGHT NETFLIX CORPORATE CAMPUS, PHASE 1 PRELIMINARY ARCHITECTURE AND SITE PACKAGE Sheet Index AO Index Al Vicinity Site Plan A2 Site Plan A3 Landscape Plan A4 First Floor Plans A5 Floor Plans and Area Calculations A6 Photo Simulations A7 Building Renderings AB Building D Elevations A9 Building E Elevations A10 Garage Plan and Elevations Fr m Albright Netflix Corporate Campus Town of Los Gatos, California Sheet Index AO -ry 25. 2,'i EXHIBIT B OV ATTACAMFNT 9q ♦�v y� t q t r » y1? '° _ 4' p _- ,R .R, x; •i :'.) :3 fi'''t h }• Y c -0 00 M W ' Winche "ster Blvd y �_pQ' g Tl 1 1 I 1 I S BUILDING E PARgN� GARAGE Y BUILDING D +/) 5 STORY 4STORY ! \ 3 'OBBY> I DINING TERRACE 1 „� Albri t al al ._ ,•_�'�" .- 101 Albright 1. - Phase I l , -Its ! t i i I I i x , t M1± \ 7 - E - X4 4 �' - f <'� 100 Albright i 1 a _ Charte t E t 4 Albright Netflix Corporate Campus Vicinity Site Plan Al _ Town of Los Gatos, California July 25,2011 - - -- COURTSIDE - -- HIGHWAY 85 DRIVE WAY \.. �— OFF RAMP WNCHESTER BLVD I — _ — --- — — _ — — _ — —i — — — — — — i r� 14600 WINCHESTER I / o` %`• o ° ° � � 1 PARKIN GARAGE 1 i s u i BUILDING E 5STORY - •v .LOBBY - _ - BUILDING D � 90 Albright NATIVE WILD FLOWERS - - -- - -- - - - TEMPORARILY 1 % kjr/ - PHA SE2 t \\ NATIVE WILD II _ __ \ ,_ �•. �� 1 - I FLOWERS. n\ _ 160 Albright TEMPORARILY \ 100 Albright i -- Project Information Site Area: 21.5 Acres ` Area of Phase 1..434,996 SF, 9.98 Acres Parking Calculations I Site Coverage for Phase 1: 1114,741 SF 26.3% \•\ = Total Buiding Foot Print - - �• - f New Buiding Area _ 282,252 SF Existing Guiding Area to Remain = 140,524 SF - � -• - , Total Building Area = 422,776 SF 151 Albright - Stalls Required / 1.000sf 3.3 1.395 Stalls Parking Provided New Parking Garage - 1.047 ! // New Grade Parking - - = 88 Existing Grade Parking _ 491 - ye Total Site Parking Stalls Provided - 1.626 ✓ // r_ PROJECT 0 00* NORTH Pe Plan — - - Albright Netflix Corporate Campus ���<<>,�4 g p p Site Plan A2 '� Developer John R.Shenk Town of Los Gatos_ California July 25,2011 Ip 90 Albright WINCHESTER BLVD sip 0 Detail of existing trees being saved. LOBBY : ' " F A NATIVE WILD FLOWERS - TEMPORARILY Phase 1- Phase 2 7 — — — — — — — — — — — — — — — — — — — — — — — — " \ \\ • 4 ,- ,f Albright r FARKIN6 GARAGE ,I v - NATIVE WILDFLOWERS - TEMPORARILY PROJECT NORTH U - 2 GPs F0I .1114 Albright Netflix Corporate Campus Landscape Plan A3 Town of Los Gatos, California !I � _I PROJECT NORTH U - 2 GPs F0I .1114 Albright Netflix Corporate Campus Landscape Plan A3 Town of Los Gatos, California 4 r a b ra a ® `J o' v V BUILDING D- FIRST FLOOR BUILDING E- FIRST FLOOR See sheet AS all plans for both buildings and floor setbacl calculations. _ y .__PROJECT ! �y NORTH I`01'111 Albright Netflix Corporate Campus Town of Los Gatos. California Office Building First Floor Plan A4 July 25. 2011 i _Ell c FIFTH FLOOR PLAN 5 ►rn FOURTH FLOOR PLAN 4 THIRD FLOOR PLAN 3 5I, ILJ ' \J ee ' a e > e e 'e 1_ SECOND FLOOR PLAN 2 Albright Netflix Corporate Campus Town of Los Gatos, California BUILDING D •G F:q F1 T F_ RATI4 RA >GE F1_ ,26�12 3553 S` J'.Y4 1IX.4 FF -F a � ^6 SELPv <.6 SF 1:/Jk IW-95R E _' TOTAL. .IJD $ ' 9M A2 J. WT 1!YA16 pt(`ER;O W AiL - 5 Ai fRGI`C L'JE A4 A 6:XTEkM 62CiKi Rb A¢'.PLE: -93B 5- BUILDING E FIRST FLOOR PLAN I_ PROJECT NORTH Floor Plans and Building Floor Areas NORTH A5 July 25, 2011 Bt,- LD'.'4G_ E C S G C n _DI'\0 E •G F:q F1 T F_ RATI4 RA >GE F FIRST 3553 S` J'.Y4 1IX.4 � ^6 SELPv <.6 SF 1:/Jk IW-95R • - Bab 95°OD FO I - Fa.� 1 W -n so � %iT9 S" l23 B 5_B.�y 'P e, c.__ _ ._...J =LJT.e ARCADE. .F•eS C OO FIRST FLOOR PLAN I_ PROJECT NORTH Floor Plans and Building Floor Areas NORTH A5 July 25, 2011 Bt,- LD'.'4G_ E C S G C n _DI'\0 E 2 View 1 View 2 Fo I 1114 Albright Netflix Corporate Campus Town of Los Gatos, California These images were created by surveying existing tree heights to accurately plot them in these eye -level images through computer 3D modeling. Photo Simulations �A6 G {P Fo 1 .,,, 4 Albright Netflix Corporate Campus Building Renderings A7 Town of Los Gatos.. California ,,,, 2; , 2 , 01 , Buildings E and D looking from west (Winchester street trees not shown for clarity) View from inside campus looking east to rear elevations of buildings D and E 4 } y. ®q @s ing song �F iF vL- U R 111 Ill F: M FM 1 n o n ® I �B BUILDING D- NORTHWEST ELEVATION PAZ `s Jul' is ill! iS ilia iifi N BUILDING D- SOUTHEAST ELEVATION FIMSH SCHEDULE (CODE FINISH I'or ill 4 Albright Netflix Corporate Campus Town of Los Gatos. California Buiding D Elevations A8 J-Iy 25, 2 BUILDINGD- SOUTHWEST ELEVATION BUILDING D. NORTHEAST ELEVATION 2, �F iF vL- A8 J-Iy 25, 2 BUILDINGD- SOUTHWEST ELEVATION BUILDING D. NORTHEAST ELEVATION 2, BUILDING E- WEST ELEVATION •1 •• Irv '.. S- s c BUILDING E- EAST ELEVATION Albright Netflix Corporate Campus Town of Los Gatos, California FINISH SCHEDULE CODE FINISX Buiding E Elevations A9 E 2 BUILDING E- NORTH ELEVATION 3 BUILDING E- SOUTH ELEVATION 4 GARAGE - GRADE LEVEL PLAN ��■�� Fill T � T t : GARAGE WEST ELEVATION 4 �.r GARAGE -NORTH ELEVATION 3 - GARAGE EAST ELEVATION 5 Albright Netflix Corporate Campus Garag Plan/Elevations g e evaons (� Al Town of Los Gatos, California 'Y 2 GARAGE- SOUTH ELEVATION RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Attn: Town Clerk No Fee for recording pursuant to Government Code Section 27838 SPACE ABOVE LINE FOR RECORDER'S USE ONLY DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF LOS GATOS a municipal corporation "1M LG Business Park, LLC, a limited liability company TABLE OF CONTENTS 1. Development of the Property ................................................... ............................... 3 2 . Effect of Agreement ................................................................. ............................... 9 3 . Term ....................................................................................... ............................... 12 4. Dedications, Vacations, Contributions, and Community Benefit ......................... 14 5. Standard of Review of Permits .............................................. ............................... 18 6. Priority of Enactment ............................................................. ............................... 18 7. Cooperation in Implementation ............................................. ............................... 18 8 . Periodic Review ..................................................................... ............................... 19 9 . Affordable Housing ............................................................... ............................... 21 10 . Prevailing Wage ..................................................................... ............................... 21 11 . Reimbursements ....................................................................... .............................22 12. Default and Remedies ............................................................ ............................... 22 13. Amendment or Termination ................................................... ............................... 23 14 . Mortgagee Protection ............................................................. ............................... 24 15 . Assignability ............................................................................ .............................26 16 . General ..................................................................................... .............................29 18 . Notices ..................................................................................... .............................32 19. Owner is an Independent Contractor ..................................... ............................... 33 20. Project as a Private Undertaking ............................................ ............................... 34 21 . Nondiscrimination .................................................................... .............................34 22 . Force Majeure ........................................................................ ............................... 34 23 . Amendments ............................................................................ .............................35 24. No Third Party Beneficiary .................................................... ............................... 35 25 . Dispute Resolution ................................................................. ............................... 35 26 . Consent .................................................................................... .............................35 27. Covenant of Good Faith and Fair Dealing ............................. ............................... 36 28 . Authority to Execute .............................................................. ............................... 36 29 . Attorneys' Fees ...................................................................... ............................... 36 30 . Counterparts ............................................. ............................... ............................356 31 . No Personal Liability ............................................................. ............................... 36 32 . Recordation .............................................................................. .............................37 Table of Contents Page i of i DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered as of this day of 2011, by and between THE TOWN OF LOS GATOS ( "Town "), a California municipal corporation, and LG Business Park, LLC ( "Owner "), a limited liability company, Town and Owner are referred to individually as "Party" and collectively as the "Parties." Recitals The following recitals are a substantive part of this Agreement: THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions: 1. Section 65864 et seq. of the California Government Code authorizes Town to establish procedures to enter into binding Development Agreements with persons having legal or equitable interests in real property located within the Town for development of the property. 2. At the time of execution of this Agreement, Owner is the fee owner of the property ( "Property') governed by this Agreement, comprising an approximate 21.6 acre site located at the intersection of Albright Way and Winchester Boulevard in the Town of Los Gatos, further described in Exhibit A attached hereto and incorporated by this reference. References to Owner include Owner's assignees and all successors in interest to any portion of the Property. 3. The Owner applied for certain land use approvals ( "Approvals "), as more particularly defined in Section 1.1) affecting the Property, including the enviromnental review, planned development overlay zoning of the Property, and development agreement. The development of the Property as described in the Approvals is referred to herein as the "Project ". The Approvals authorize Owner to implement the Project by improving the Property and constructing buildings, access and parking facilities, and infrastructure improvements described in the Approvals. Development Agreement Albright Way; LG Business Park LLC Page 1 of 38 4. Town and Owner acknowledge that development and construction of the Project is a large - scale undertaking involving major investments by Owner and Town, with development occurring in phases over several years. Certainty that the Project can be developed and used in accordance with the Approvals will benefit Owner and Town, and provide to both parties a long -term plan for development of the Property. 5. Town is willing to enter this Agreement for the following reasons: reduce uncertainties in planning and provide for the orderly development of the Project; allow for the development of Class A office space in Town; provide public improvements; strengthen the Town's economic base with high - quality long -term jobs, in addition to shorter -term construction jobs; generate substantial revenues for the Town in the form of one time and annual fees and exactions, increased property and sales tax, and other fiscal benefits; if senior housing is constructed on the Property, provide needed senior housing; meet the goals of the General Plan; and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted (collectively, the "Public Benefits "). Town and Owner recognize and agree that but for Owner's contributions (Public Benefits), Town would not approve entitlements of the Property as provided by the Approvals and this Agreement. 6. Town's willingness to enter into this Agreement is a material inducement to Owner to implement the Project, and Owner proposes to enter this Agreement in order (i) to obtain assurance from Town that the Property may be developed, constructed, completed and used pursuant to the Approvals and in accordance with existing policies, rules and regulations of the Town, subject to the limitations expressed herein; and, (ii) to provide for a coordinated and systematic approach to funding the cost of certain public improvements and facilities planned by the Town, and to establish the timing and extent of contributions required from Owner for these purposes. Development Agreement Albright Way; LG Business Park LLC Page 2 of 38 7. On May 31, 2011, Town's Planning Commission held a duly noticed public hearing on this Agreement and (i) determined that consideration of this Agreement complies in all respects with CEQA; (ii) determined that the Development Agreement considered by Planning Commission is consistent with the Town's General Plan; and (iii) recommended that the Town Council approve Agreement reviewed by Planning Commission. 8. On June 20 and August 1_, 2011, the Town Council held duly noticed public hearings on this Agreement and determined that consideration of this Agreement complies in all respects with CEQA; found this Agreement to be consistent with the Town's General Plan; and, introduced Ordinance No. approving this Agreement. 9. On , 2011, the Town Council adopted Ordinance No. enacting this Agreement. This Agreement became effective on 2011 ( "Enactment Date "). 10. Owner requested the Town to consider entering into a development agreement and proceedings have been taken in accordance with state law. NOW, THEREFORE, pursuant to the authority contained in Section 65864 et seq., of the California Government Code and in consideration of the mutual covenants and promises of the Parties, the Parties agree as follows: Agreement 1. Development of the Property 1.1 Approvals Owner has applied for and obtained various environmental and land use approvals and entitlements related to the development of the Property, as described below. Owner shall have the right to develop the Property in accordance with the provisions of this Agreement and the Approvals. For purposes of this Agreement, the term "Approvals" shall Development Agreement Albright Way, LG Business Park LLC Page 3 of 38 mean: (a) MND. The Initial Study and Mitigated Negative Declaration, which was prepared pursuant to CEQA, was recommended for approval by the Planning Commission on May 31, 2011, and approved with findings on June 20, 2011 by Town Council and a Mitigation Monitoring and Reporting Program (the "MMRP ") approved with findings on August 1, 2011 by the Town Council, by Resolution No. _ (the "MND "). (b) PD Overlay Zone. On , 2011, following Planning Commission review and recommendation, and after a duly noticed public hearing, the Town Council, by Ordinance No. , approved a Planned Development Overlay Zone subject to performance standards and conditions of approval as provided in said ordinance (the "PD Zone ") for the Property, which establishes the permitted uses of the Property and the development standards and design guidelines that will govern development at the Project. The PD Zone Ordinance is attached as Exhibit B and incorporated herein. (c) Development Agreement. On August 2011, following Planning Commission review and recommendation, and after a duly noticed public hearing, the Town Council, by Ordinance No. , approved this Agreement and authorized its execution. (d) Subsequent Approvals. In order to develop the Project as contemplated in this Agreement, the Project may require land use approvals, entitlements, development permits, and use and/or construction approvals other than those listed in this Section 1. 1, which may include, without limitation: Architecture and Site ( "A &S ")Approval, conditional use permits, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, right -of- way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of Development Agreement Albright Way; LG Business Park LLC Page 4 of 38 occupancy, certificates of use & occupancy, parcel maps, lot splits, landscaping plans, master sign programs, sign permits, encroachment permits, and amendments thereto and to the Approvals (collectively, "Subsequent Approvals "). At such time as any Subsequent Approval applicable to the Property is approved by the Town, then such Subsequent Approval shall become subject to all the terms and conditions of this Agreement applicable to Approvals and shall be treated as an "Approval" under this Agreement. 1.2 Permitted and Conditional Uses The permitted uses for this Property are those set forth in the PD Zone as follows. Permitted Uses: a. Offices, including corporate, administrative, business, and professional offices, but excluding medical and dental offices b. Light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses (including indoor storage of materials and products) C. Ancillary office - serving retail comprising not more than 10% of the total allowed office area for each A &S Approval. d. Office - serving uses designed to primarily serve those employed at the site or visiting the site for business purposes, such as: recreational facilities; conference and training facilities; restaurants, cafeterias and other eating establishments; health and wellness facilities; and ancillary uses such as on -site banking, ATMs, private post offices, personal services (such as dry cleaning pick up) and similar support uses. Development Agreement Albright Way; LG Business Park LLC Page 5 of 38 e. Senior Housing including without limitation, independent living, assisted living, skilled nursing, as well as Continuing Care Retirement Community and or Residential Care for the Elderly, including full food service and the sale of alcohol f. All uses permitted in the CM and O zones, excluding medical and dental offices, churches, and sports clubs other than as accessory to a permitted use, and public and private schools. Conditional Uses CUP required a. Except as otherwise specifically permitted above, all conditional uses in the CM and O zones, excluding residential. 1.3 Present Right to Develop Town hereby grants to Owner the present vested right to develop and construct on the Property all the improvements authorized by, and in accordance with, the terms of the Approvals and the Applicable Rules (defined below), subject to Owner's compliance with this Agreement. The permitted uses of the Property, the maximum density and /or number of senior residential units, the intensity ofuse, the maximum height of the proposed buildings, building sizes, provisions for reservation or dedication of land for public purposes, parking ratios, the conditions, terms, restrictions, and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development applicable to the Property (including, without limitation development standards such as setbacks and design guidelines) are as set forth in: (a) The General Plan of the Town of Los Gatos, current as of the Enactment Date; (b) The Code of the Town of Los Gatos, current as of the Enactment Date; (c) All other applicable Town ordinances, resolutions, regulations, and policies in effect as of the Enactment Date, unless otherwise specifically designated herein, which regulate Development Agreement Albright Way; LG Business Park LLC Page 6 of 38 development of the Property and implementation of the Project, and which are not inconsistent with the terms of this Agreement (items (a), (b) and (c) are referred to collectively as the "Applicable Rules "); and (d) the Approvals; and are vested in Owner, subject to the provisions of this Agreement (the "Vested Elements "). 1.4 Timing of Improvements (a) Owner may implement the Project in phases, only as described herein or as outlined in the Approvals. All or any portion of the Existing Development is permitted to remain in place and continue in office /research and development use during the Tenn of this Agreement. Subject to the Phasing Triggers set forth in the PD Zone, the Project may be constructed in phases based on market conditions, such that at any time during the Term of this Agreement, the Property may be improved partially with the Existing Development and partially with the early phase(s) of the Project. (b) To the extent that this Agreement does not specify the timing of development of the Project, it is the Parties' intent to prevent any later - adopted initiative restricting the timing of development from prevailing over this Agreement by acknowledging and providing that, subject to any phasing requirements that may be required by the Approvals, including without limitation the Phasing Triggers provided in the PD Zone, Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment. (c) Moratorium No Town- imposed moratorium or other limitation, whether imposed by Town sponsored ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Town Council, an agency of Town, the electorate, or otherwise, (collectively Development Agreement Albright Way; LG Business Park LLC Page 7 of 38 "Moratorium ") affecting Subsequent Approvals shall apply to the Property to the extent such Moratorium is in conflict with this Agreement; provided, however, that the provisions of this Section shall not affect Town's compliance with Moratoria required by Changes in the Law (as defined in Section 2. 1), required to prevent a condition dangerous to health or safety, or required by court order. 1.5 Agreement and Comprehensive Development Plan The Parties acknowledge that, except as specifically set forth herein, this Agreement and the Approvals set forth a comprehensive schedule of all development terms and conditions, development mitigation measures and fees, special assessments, special taxes, exactions, fees in -lieu, charges and dedications required in the public interest to be contributed, paid or constructed due to development of the Property as defined in the Approvals. 1.6 Design of On -Site and Off -Site Improvements Development of the Property shall be subject to final A &S review by Town pursuant to the Applicable Rules, and subject to the Approvals. The Applicable Rules and the Approvals, and all improvement plans prepared in accordance therewith, shall govern the design and scope of all on -site and off -site improvements benefiting or to be constructed on the Property, including all street widths and dedications. 1.7 Owner's Obligation Regarding Development of the Property In consideration for the Town entering into this Agreement, to the extent Owner develops the Property, Owner agrees to perform all of its obligations contained in this Agreement, including, but not limited to planning, designing and constructing the Project on the Property in accordance with the Approvals and the Applicable Rules. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement is intended to create any affirmative development obligations to develop all or any portion of the Project, or any liability to Owner under this Agreement if all or any portion of the development does Development Agreement Albright Way; LG Business Park LLC Page 8 of 38 not occur. 2. Effect of Agreement 2.1 Subsequent County, Regional, State or Federal Laws or Regulations As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in county, regional, state or federal laws or regulations ( "Changes in the Law "). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet in good faith to determine the feasibility of any modification or suspension of this Agreement that maybe necessary to comply with such Changes in the Law and to determine the effect such modification or suspension would have on the purposes and intent of this Agreement. Following the meeting between the Parties, the provisions of this Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum extent necessary to comply with such Changes in the Law. In such an event, this Agreement, together with any required modifications, shall continue in full force and effect. In the event that Changes in the Law irremediably prevent Owner from being able to proceed with the Project consistent with the Vested Elements, then Owner may terminate this Agreement in which case Town reserves the right to take action to rezone the Property, in accordance with applicable law. 2.2 Changes to Existing Land Use Regulations Except as otherwise specifically provided in this Agreement, the Project is governed by the Applicable Rules and the Approvals. Any changes in the Applicable Rules, or any provisions of fi ture General Plans, Specific Plans, Zoning Ordinances, or other rules, regulations, ordinances, or policies of Town (collectively, "Future Rules ") shall only apply to the Project if they are not in conflict with the Vested Development Agreement Albright Way; LG Business Park LLC Page 9 of 38 Elements, unless agreed to by Owner in writing, or required to prevent a condition dangerous to health and safety, required by Changes in Law, or expressly permitted by this Agreement. If Future Rules expand, extend, enlarge or broaden Owner's rights to develop the Property or the Project, then Owner may elect for such Future Rules to apply to the development of the Property or the Project. 2.3 Further Reviews and Subsequent Approvals. 2.3.1 Scope ofReview: The scope of the review of applications for Subsequent Approvals shall be limited to a review of substantial conformity with the Vested Elements and the Applicable Rules. Where such substantial conformity with the Vested Elements and the Applicable Rules exists, Town shall not deny an application for a Subsequent Approval for the Project. No conditions unposed on Subsequent Approvals shall require dedications, reservations, construction, or funding of public infrastructure or public improvements beyond those included in the PD Zone, the MMRP, and this Agreement, so long as proposed Subsequent Approvals are consistent with Vested Elements. 2.3.2. Processing Fees: The term "Processing Fees" mean fees charged on a Town wide basis to cover the cost of Town review of applications for any permit or other review by Town departments. Owner shall have election either to pay standard Town Processing Fees in effect at time of application or to choose expedited processing and pay time and materials necessary for Town to recover actual and reasonable costs of processing, subject to agreed budget based on time and materials. For office /R &D development, fiftypercent (50 %) of the building permit fees will be due prior to issuance of the building pemut for each building and fifty percent (50 %) shall be due prior to the release of the first PG &E Meters for electrical service for each building. 23.3. Impact Fees: The term "Impact Fees" means monetary fees, exactions, or impositions, other than taxes or assessments, whether established for or imposed upon the Project Development Agreement Albright Way; LG Business Park LLC Page 10 of 38 individually or as part of a class of projects, that are imposed by Town for Town fees on the Project in connection with any Approval for the Project for any purpose, including, without limitation, defraying all or a portion of the cost of public services and /or facilities construction, improvement, operation and maintenance attributable to the burden created by the Project Only the Impact Fees (fee categories and fee amounts) listed in the Town of Los Gatos Adopted 2011/12 Comprehensive Fee Schedule (attached as Exhibit C) shall apply to all uses of the Project, subject to applicable escalators in effect as of the Enactment Date. For office /R &D development, fifty percent (50 %) of the Impact Fees for each building will be due prior to issuance of the building permit for each building and fifty percent (50 %) shall be due prior to the release of the first PG &E Meters for electrical service for each building, provided that Impacts Fees shall cease to escalate at issuance of building permits. Notwithstanding the foregoing provision, any mandatory current or new fee, validly imposed by a public agency other than the Town, but collected by Town, shall be paid prior to issuance of building permit. These fees are not vested and, no deferral of fees pursuant to this Agreement shall apply to any fee imposed by another public agency. 2.3.4. CEQA Review: hi acting on any discretionary Subsequent Approvals for the Project, so long as Project is consistent with Vested Elements and the Applicable Rules, Town will rely on the MND to satisfy the requirements of CEQA to the fullest extent permissible by CEQA and will not impose on the Project any mitigation measures or other conditions of approval other than those specifically imposed by the Approvals or the Applicable Rules, except to the extent required by applicable law. If additional CEQA documentation is legally required for any discretionary Subsequent Approval for the Project, the scope of such documentation shall be limited by the scope of Town's discretion over such Subsequent Approval. Development Agreement Albright Way; LG Business Park LLC Page 11 of 38 2.3.5. Architecture and Site Approvals: All applications for A &S Approvals for each phase of the Project shall be referred to the Planning Commission for a recommendation to Town Council. Town Council shall make the final determination for all applications for A &S Approvals. 2.3.6 Withholding of Building Permit: Town may, at its discretion, refuse to issue a building permit for any structure within the Property, if Owner has materially failed and refused to complete any requirement applicable to the building permit. 2.4 Local Rules Notwithstanding any other provision of this Agreement, and without limitation as to any other exceptions contained in this Agreement, Town shall retain the authority to take the following actions: (a) maintain the right of voters to act by initiative or referendum, but only to the extent that the initiative or referendum does not affect or interfere with any Vested Element; except that this Agreement itself is subject to referendum; (b) take other actions not expressly prohibited by the terms or provisions of this Agreement. 2.5 Future Exercise of Discretion by Town This Agreement shall not be construed to limit the authority or obligation of Town to hold necessary public hearings, or to limit discretion of the Town or any of its officers or officials with regard to riles, regulations, ordinances or laws which require the exercise of discretion by Town or any of its officers or officials, so long as the discretion is not inconsistent with the Vested Elements pursuant to this Agreement. 3. Term. 3.1 Tern of Agreement. The term ( "Term ") of this Agreement shall commence on the Enactment Date. This Agreement shall terminate ten (10) years following the Enactment Date, unless sooner terminated or extended as hereinafter provided. The Term will be extended an Development Agreement Albright Way; LG Business Park LLC Page 12 of 38 additional ten (10) years should Owner be in good faith compliance with the terms and conditions of this Agreement, as determined by the annual review process for this Agreement in the 9 1h year. All extensions shall be approved by the Parties in writing and are subject to review by Town Council, which, in the case of the ten (10) year extension provided for above, shall occur not later than 90 days after Town has completed the 9`" year annual review process, and in no event later than 90 days prior to the expiration of this Agreement. Following expiration of the Term or any extension, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to provisions hereof expressly set forth as surviving the expiration or termination of this Agreement. Notwithstanding the foregoing, this Agreement shall terminate with respect to any for -sale senior residential lot after Town receives notice and such lot shall be released and no longer be subject to this Agreement, when a certificate of occupancy has been issued for the building(s) on the lot. 3.2 Term of Maps and Project Approvals. 3.2.1 Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of all tentative subdivision or parcel maps that are approved for all or any portion of the Project shall be extended to the same date as the Term of this Agreement and, where not prohibited by State law, with any extension of the Term of this Agreement, unless a longer term would result under otherwise applicable State law, or, in the absence of such State law, under otherwise applicable local law. 3.2.2 Pursuant to Government Code Section 65863.9, any and all other Approvals (including Subsequent Approvals) for any of the Project shall automatically be extended to a date concurrent the Term of this Agreement and, where not prohibited by State law, with any extension of the Term of this Agreement, unless a longer term would result under otherwise Development Agreement Albright Way; LG Business Park LLC Page 13 of 38 applicable State law, or, in the absence of such State law, under otherwise applicable local law. 4. Dedications, Vacations, Contributions, Community Benefit, and Construction Tax. 4.1 Dedications and Vacations 4.1.1 Dedication: Owner shall offer to dedicate to Town, upon request by Town, all portions of the Property designated in the Approvals for public utility easements, public streets and access, emergency vehicle access easement, storm drainage and sanitary sewer easements and pedestrian access easement. 4.1.2. Street Vacation: Town will consider vacation of Albright Way and Albright Court. To the extent applicable, Town shall utilize the summary vacation procedures set forth in Streets and Highways Code Section 8330 et seq. In the event that the summary vacation procedures do not apply for any reason, then Town shall proceed under the general vacation procedures set forth in Streets and Highways Code Section 8300 et seq. If Town completes the vacation, then, in accordance with Streets and Highways Code Section 8355(a), Town shall convey title to the underlying land to the owners of the lands adjacent to or fronting such rights -of -way without the need for any additional payment or consideration to Town other than the Community Benefits described in this Agreement. 4.2 Contribution to Costs of Facilities and Services Owner agrees to contribute to the costs of public facilities and services as required pursuant to the MMRP, to mitigate impacts of the development of the Project on the Property, and Town agrees to assure that Owner may proceed and complete development of the Project on the Property in accordance with the terms of this Agreement. Development Agreement Albright Way; LG Business Park LLC Page 14 of 38 4.3 Community Benefit In addition to the Public Benefits, Owner agrees to the following: 4.3.1 Roadways and Associated Improvements: (i) In the event that Town completes the improvements to Lark and University required by the MMRP in advance of the time that Owner is required to make the improvements pursuant to the MMRP, Owner shall reimburse Town $370,000, payable fifty percent (50 %) prior to issuance of the first building permit for the Project and fifty percent (50 %) prior to the release of the first PG &E meter for electrical service, which amount Town agrees constitutes full reimbursement for one hundred percent (100 %) of the cost of these improvements. (ii) Roadways and Associated Improvement Contribution: In addition to the measures identified in the MIVIRP to mitigate the environmental impacts of the Project, Owner shall make a "Transportation Improvement Benefit Contribution" to Town as follows: For each A &S Approval for the Project for up to an aggregate of 300,000 square feet of new development (regardless of use), Owner shall contribute $1.83 per square foot of building area authorized by such A &S Approval, payable fifty percent (50 %) prior to issuance of the first building permit for a building authorized by such A &S Approval and fifty percent (50 %) prior to issuance of the first PG &E meter for a building authorized by such A &S Approval, up to a cap of $550,000. This payment shall be in addition to any transportation mitigation measures required by the MMRP and any Traffic Impact Fees required by Town Ordinance and this Agreement. (iii) In the event that a tenant of Project requests a sidewalk be installed on Development Agreement Albright Way; LG Business Park LLC Page 15 of 38 Winchester Avenue, Town is not obligated to construct or pay for such improvement. While not obligated to install, construct, or fund such sidewalk, nothing precludes Owner from submitting an application for approval to construct such sidewalk. 4.3.2 Community Benefit Contribution: Owner shall make a Community Benefit Contribution to Town as follows: (i) All Uses: For each A &S Approval for the Project up to an aggregate of 433,333 square feet of new development (regardless of use), Owner shall contribute $1.50 per square foot of building area (including office /research and development and senior housing building area) authorized by such A &S Approval up to a maximum of $650,000, payable at the time the PG &E meter is secured for each building authorized by such A &S Approval. In the event that the aggregate approved new development square footage at the time of approval of (and including square footage approved by) the first A &S Approval for the Project containing senior housing is less than 433,333 square feet (regardless of use) on the Property, then the entire remaining unpaid balance of the of $650,000 shall be allocated pro rata across the total square footage approved by the A &S, and the pro rata amount shall likewise be payable at the time the PG &E meter is secured for each building authorized by such A &S Approval; and, (ii) Senior Housing Uses: For each A &S Approval for the Project, Owner shall contribute the amount per senior dwelling unit set forth below authorized by such A &S, payable fifty percent (50 %) upon issuance of the first building permit for a senior dwelling unit authorized by such A &S Approval and fifty percent (50 %) upon issuance of the first PG &E meter for a senior dwelling unit authorized by such A &S Approval: Development Agreement Albright Way; LG Business Park LLC Page 16 of 38 0 to 100 units 101 to 168 units $1,500 per unit $2,000 per unit (iii) Town shall use the Community Benefit Contribution to fund all or a portion of the following public improvements, or other improvements subsequently approved by Town Council: (a) Design and construction of a pedestrian bridge from the Los Gatos Creekside Sports Park to the Los Gatos Creek Trail. (b) Design and construction of capital facilities at public parks located within % mile of the Project site; (c) Design and construction of improvements to the section of the Los Gatos Creek trail along Charter Oaks Drive. (d) Design and construction of a public sidewalk on the east side of Winchester between Albright Way and the future terminus of the Vasona Light Rail line and parking lot. (e) Design and construction of very low income housing and /or affordable senior housing within the Town. Town shall be solely responsible for the design, permitting, CEQA review, right -of -way acquisition, construction, operation, and maintenance of such facilities. The Community Benefit Contribution provided for herein constitutes full compliance for the Project with Town's Development Agreement Albright Way; LG Business Park LLC Page 17 of 38 Community Benefit Policy, and Town shall not require provision of any additional community benefits in connection with Subsequent Approvals for the Project. 4.4 Construction Taxes. Owner shall use their best efforts to maximize the local allocation of construction related sales and use taxes to Los Gatos on any construction contracts of $5,000,000 or more and to the extent allowed by the California State Board of Equalization. 5. Standard of Review of Permits. All permits ( "Permits ") required by Owner to develop the Property including, but not limited to (i) road construction permits, (ii) grading permits, (iii) building permits, and, (iv) certificates of occupancy, shall be issued by Town after Town's review and approval of Owner's applications, provided that Town's review of the applications is limited to determining whether the following conditions are met: (a) The application is complete; and, (b) The application demonstrates that Owner has complied with the Approvals, the Applicable Rules, and any Future Rules and Changes in Law applicable pursuant to Sections 1 and 2 of this Agreement. 6. Priority of Enactment. In the event of conflict between this Agreement, the Approvals other than this Agreement, and the Applicable Rules, the Parties agree that the following sequence of approvals establishes the relative priority of approvals, each approval superior to the approvals thereafter: (1) Development Agreement; (2) PD Zone; (3) Approvals other than this Agreement and the PD Zone; (4) Applicable Rules. 7. Cooperation in Implementation. Provided Owner is in substantial compliance with all requirements of this Agreement and the Development Agreement Albright Way; LG Business Park LLC Page 18 of 38 Approvals and payment of required processing fees, if any, Town shall proceed in a reasonable and expeditious manner, in compliance with the deadlines mandated by applicable agreements, statutes or ordinances, to complete all steps necessary for implementation of this Agreement and development of the Property in accordance with the Approvals, including the following actions: (a) Scheduling all required public hearings; and, (b) Processing and checking all Subsequent Approvals. Owner, in a timelymanner, shall provide Town with all documents, applications, plans and other infonnation consistent with the Approvals necessary for the Town to carry out its obligations hereunder and to cause Town's planners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. It is the Parties' express intent to cooperate with one another and diligently work to implement all Subsequent Approvals for development of the Property in accordance with the Approvals and the terms hereof. 8. Periodic Review. 8.1 Annual Review The procedure set forth in this Section 8 shall be used by Town and Owner in complying with the annual review required by California Government Code Section 65865.1 for the purposes, and in the manner, stated therein, Town and Owner shall review all actions taken pursuant to the terms of this Agreement once annually during each year of the Term. Owner shall cornrnence the annual review process by notifying Town in writing at least ninety (90) days prior to the anniversary of the Enactment Date each year that the amival review process shall commence as specified herein ( "Commencement Notice "). The failure of Owner to initiate an annual review shall not constitute an event of default. 8.2 Owner's Submittal Within ninety (90) days after Owner initiates request of the Commencement Notice, Owner shall submit a letter ( "Compliance Letter ") to the Director of Development Agreement Albright Way; LG Business Park LLC Page 19 of 38 Community Development ( "Director ") describing Owner's good faith compliance with the material terns of this Agreement during the preceding year. The Compliance Letter shall include a statement that the Compliance Letter is submitted to the Town pursuant to the requirements of Government Code Section 65865.1 and Town Code. Owner's failure to timely submit a Compliance Letter shall not constitute an event of default. 8.3 Town's Findings Within sixty (60) days after receipt of the Compliance Letter, the Director shall determine in writing whether, for the year under review, Owner has demonstrated good faith compliance with the material terms of this Agreement. If the Director finds and determines that Owner has demonstrated good faith compliance with the material terms of this Agreement, or does not determine otherwise within sixty (60) days after delivery of the Compliance Letter, the annual review shall be deemed concluded and this Agreement shall remain in full force and effect. Upon a written request by Owner, the Director shall issue a recordable certificate confirming Owner's compliance through the year under review. Owner may record the certificate with the Santa Clara County Recorder's Office. 8.4 Town Council Hearing If the Director finds and determines in writing that Owner has not complied in good faith with the material terms of this Agreement for the year under review, the Director shall refer the alleged noncompliance to the Town Council for a hearing. At least ten (10) days prior to the hearing, Town shall deliver to Owner a written notice specifying in detail the nature of failures in performance that the Director claims constitutes material noncompliance and all facts demonstrating material noncompliance. If, after a duly noticed public hearing thereon, the Town Council finds and determines that Owner has not complied in good faith with the material terms of this Agreement for the year under review, the Town Council shall give written notice thereof to Owner specifying in detail the nature of failures in performance that the Town Council finds Development Agreement Albright Way; LG Business Park LLC Page 20 of 38 constitutes material noncompliance and all facts demonstrating material noncompliance. If Owner fails to cure the noncompliance within a reasonable period of time as established by the Town Council„ the Town Council, in its discretion, may (i) grant additional time for Owner's compliance, or, following a noticed public hearing, modify this Agreement to the extent necessary to remedy or mitigate the non - compliance, or (ii) following a noticed public hearing, terminate this Agreement. 8.5 Relationship to Default Provisions The above procedures shall supplement and shall not replace that provision of Section 12 of this Agreement whereby either Town or Owner may, at any time, assert matters which either Party believes have not been undertaken in accordance with this Agreement by delivering a written notice of default and following the procedures set forth in said Section 12. 9. Affordable Housing. The Owner shall comply with the Town's inclusionary housing requirement as set forth in Division 6 of Article 1 of the Town Zoning Ordinance in effect as of the Effective Date and the Town's Below Market Rate Housing Program Guidelines (effective September 2009) (collectively, the "Existing BMP Program "). The Existing BMP Program shall be vested in Owner. If Town modifies the Existing BMP Program, Owner may elect to apply the Existing BMP Program or the inclusionary housing requirements in effect at the time of application for A &S Approval. 10. Prevailing Wage. Owner understands and acknowledges that in the event that Owner installs or constructs any public improvements that would otherwise require compliance with California law prevailing wage requirements ( "Prevailing Wage Laws "), Town has no responsibility to ensure compliance with Prevailing Wage Laws and that Owner is solely responsible to ensure that such Prevailing Wage Laws are, and have been, complied with in connection with the constriction of any public Development Agreement Albright Way; LG Business Park LLC Page 21 of 3 8 improvements to be constructed by Owner that require compliance with Prevailing Wage Laws. Owner shall bear all responsibility and liability in the event that a court of competent jurisdiction finds that construction of the any public improvements by Owner requires compliance with Prevailing Wage Laws in construction of the public improvements. In connection with any public improvements to be constructed by Owner, Owner shall indemnify and hold harmless the Town in the event of any litigation relating to compliance by any of the Parties to this Agreement with Prevailing Wage Laws. 11. Reimbursements. The parties agree that Owner shall not be entitled to any reimbursement for the construction of any public improvement required by this Agreement unless explicitly provided by this Agreement or otherwise authorized by the Approvals. 12. Default and Remedies. 12.1 Default Subject to any extensions of time by rnutual consent of the Parties in writing, and subject to the provisions of Section 22 hereof regarding permitted delays and a Mortgagee's right to cure pursuant to Section 14 hereof, failure by either Party to perform any material term or provision of this Agreement shall constitute a default, provided that, in addition to any cure period provided for in Section 8.4 (if applicable), the Party alleging the default gave the other Party advance written notice of the default and thirty (3 0) days to cure the condition, or, if the nature of the default is such that it cannot be cured within thirty (30) days, the Party receiving notice shall not be in default if the Party commences performance of its obligations within the thirty (30) day period and diligently completes that performance. Written notice shall specify in detail the nature of the failure of performance that the noticing Party claims constitutes a default. 12.2 Remedies The Parties agree that in no event shall either Party, or its boards, commissions, Development Agreement Albright Way; LG Business Park LLC Page 22 of 38 officers, agents or employees, be liable in damages for any default under this Agreement. Town and Owner agree that in the event of a breach of this Agreement, each Party may pursue an action seeking any of the following remedies: (a) specific performance, (b) declaratory or injunctive relief, (c) mandamus or special writs, or (d) modification or termination of this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to obligations to pay attorneys' fees and obligations to advance monies or reimburse monies. Town may terminate this Agreement due to a default in accordance with the provisions of Section 8. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. 12.3 California Claims Act Compliance with the procedures set forth in Sections 12.1 and 12.2 shall be deemed full compliance with the requirements of the California Claims Act (Government Code § §900 et seq.) including, but not limited to, the notice of an event of default hereunder constituting full compliance with the requirements of Government Code §910. 13. Amendment or Termination. 13.1 Amend or Termination of this Agreement. Town and Owner, by mutual agreement, may terminate or amend the terms of this Agreement, and the amendment or termination shall in writing signed by both Town and Owner and be accomplished in the manner provided under California law for the enactment of Development Agreement amendments. Review and approval of an amendment to this Agreement shall be limited to consideration only of those provisions to be added or modified. All amendments to this Agreement shall automatically become part of the Approvals. 13.2 Subsequent Approvals and Approvals Development Agreement Albright Way; LG Business Park LLC Page 23 of 38 (a) Subsequent Approvals. Town and Owner anticipate that the Project will be implemented by the Subsequent Approvals, including without limitation: (i) subdivision of the Property; (ii) A &S Approval; and, (iii) installation of future public improvements to serve the Property consistent with the Approvals. The Subsequent Approvals shall not require an amendment to this Agreement. (b) Amendment of Approvals. Upon the written request of Owner, Town may amend or modify the Approvals (or any of the individual approvals or documents comprising the Approvals) in compliance with procedural provisions of the Applicable Rules. Amendments to the Approvals shall become part of the Approvals and shall not require an amendment to this Agreement, except that amendments to the permitted uses of the Property, the maximum density and/or number of senior residential units, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development shall require an amendment to this Agreement in order to be vested pursuant to this Agreement. 13.3 Enforceability of Agreement The Town and Owner agree that unless this Agreement is amended or terminated pursuant to its terms, this Agreement shall be enforceable by either Party notwithstanding any subsequent change in the Applicable Rules, with the exceptions specifically listed in this Agreement. 14. Mortgagee Protection. 14.1 Mortgagee Protection This Agreement shall not prevent or limit Owner in any manner, at Owner's sole discretion, from encumbering the Property or anyportion thereof or any improvement Development Agreement Albright Way; LG Business Park LLC Page 24 of 38 thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property ( "Mortgage ") without the consent of the Town nor prevent or limit any Mortgagee (as defined below) under such Mortgage from foreclosing on the Property or selling the Property to a third party following a foreclosure under such Mortgage, in either case without the consent of the Town. This Agreement shall be superior and senior to all liens placed upon the Property or portion after the date on which this Agreement is recorded, including the lien of any Mortgage. Notwithstanding anything contained herein to the contrary, any lien on account of a breach or default hereunder shall be subordinate to the lien of any Mortgage made in good faith and for value and no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but, subject to the provisions of Section 14.2 below, all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees ( "Mortgagees ") who acquire title to the Property or any portion thereof by foreclosure, trustee's sale, deed in- lieu -of foreclosure or otherwise. 14.2 Mortgagee Obligations Town, upon receipt of a written request from a foreclosing Mortgagee, shall permit the Mortgagee to succeed to the rights and obligations of Owner under this Agreement, in accordance with the same terms and conditions set forth in Section 15 (Assignability) below, provided that all defaults by Owner hereunder are cured by the Mortgagee or Mortgagee has commenced to cure such default and is diligently pursuing such cure prior to assigmnent, to the extent such defaults are curable. To the extent that such defaults by Owner are not curable, Mortgagee shall be permitted to succeed to the rights and obligations of Owner under this Agreement without curing such defaults. If the foreclosing Mortgagee seeks to obtain the benefits of this Agreement, such Mortgagee shall comply with all of the provisions of this Agreement. If the Development Agreement Albright Way; LG Business Park LLC Page 25 of 38 foreclosing Mortgagee does not request to succeed to the rights, benefits and obligations of Owner under this Agreement, then the Mortgagee shall have no obligation or duty under this Agreement to perform Owner's obligations or other affirmative covenants of Owner hereunder and this Agreement shall terminate. Nothing contained herein shall cause Mortgagee to be obligated to complete any construction at the Property or guaranty the completion of any construction. 14.3 Notice of Default to Mortgagee If Town receives notice from a Mortgagee requesting a copy of any notice of default given to Owner and specifying the address for service thereof, Town shall deliver to the Mortgagee, concurrently with service thereof to Owner, all notices given to Owner describing all claims by the Town that Owner has defaulted hereunder. If Town determines that Owner is not in compliance with this Agreement, Town also shall serve notice of noncompliance on the Mortgagee concurrently with service on Owner. Each Mortgagee shall have the right (but not the obligation) to cure or remedy, or to commence to cure or remedy within 180 days after the expiration of the cure period afforded to Owner, of any default claimed or the areas of noncompliance set forth in Town's notice. Town hereby agrees to execute any such documents or agreements requested by Mortgagee in its reasonable discretion, including, without limitation, estoppel certificates. 14.4 Technical Amendments to this Section 14. Town agrees to reasonably consider, modify and, approve interpretations and /or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith to facilitate Owner's negotiations with lenders. 15. Assignability. 15.1 Assignment Other than transfers on account of the encumbrance of a Mortgage, Development Agreement Albright Way; LG Business Park LLC Page 26 of 38 foreclosure under a Mortgage or subsequent sale to a third party by Mortgagee following a foreclosure under a Mortgage, which are permitted without the prior written consent of Town, as set forth in Section 14 above, Owner shall not have the right to assign or transfer ( "Transfer ") in whole or in part its interests, rights, and obligations under this Agreement without the prior written consent of Town, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that in no event shall interests, rights, and obligations conferred on Owner pursuant to this Agreement be at any time so Transferred except in connection with a Transfer of the Property or portion thereof Town will use best efforts to process any request for a Transfer within forty -five (45) days and in any event will process such request in not more than ninety (90) days. During the Tenn, Owner shall provide Town with written notice of transfer of fee title to the Property within thirty (30) days following each transfer. In the event of a transfer of a portion of the Property, Owner shall have the right to transfer its rights, duties and obligations under this Agreement that are applicable to the transferred portion, and to retain all rights, duties and obligations applicable to the retained portions of the Property, subject to Town's consent as provided herein. Upon Owner's request, Town shall cooperate with Owner and any proposed transferee to set forth in writing the allocation of rights, duties and obligations under this Agreement and the Approvals among the transferred Property and the retained Property. Each successor in interest to Owner shall be bound by all of the terms and provisions of this Agreement applicable to the portion of the Property acquired. This Agreement shall be binding upon and inure to the benefit of the parties' successors, assigns and legal representatives. 15.2 Release upon Transfer Upon the transfer or partial transfer of Owner's rights and interests under this Agreement pursuant to this Section, Owner shall automatically be released from its obligations and liabilities under this Agreement with respect to that portion of the Property Development Agreement Albright Way; LG Business Park LLC Page 27 of 38 transferred, and any subsequent default or breach with respect to the transferred rights and/or obligations shall not constitute a default or breach with respect to the retained rights and /or obligations under this Agreement, provided that (i) Owner has obtained Town's consent to such transfer as provide above, and (ii) the transferee executes and delivers to Town a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes all of the obligations of Owner under this Agreement with respect to that portion of the Property transferred. Upon any Transfer all of any portion of the Property and the express assumption of Owner's obligations under this Agreementby such transferee, Town agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. The agreement expressly setting forth the terms of the transfer and assumption of obligations and liabilities shall be recorded. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferor and the transferee shall each be solely responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferor /transferee, and any amendment to this Agreement between Town and a transferor or a transferee shall only affect the portion of the Property owned by such transferor or transferee. Failure to deliver a written assumption agreement hereunder shall not affect the running of any covenants herein with the land, as provided in Section 15.2 below, nor shall such failure negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement. 15.3 Covenants Run With The Land All of the provisions, agreements, rights, powers, standards, terns, covenants and obligations contained in this Agreement shall run with the land and shall be Development Agreement Albright Way; LG Business Park LLC Page 28 of 38 binding upon the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof and any interest therein, whether by sale, operation of law or other manner, and shall inure to the benefit of the Parties and their respective successors. 16. General. 16.1 Construction of Agreement The language in this Agreement in all cases shall be construed as a whole and in accordance with its fair meaning. The laws of the State of California shall govern this Agreement and all actions concerning this Agreement shall be brought in the Superior Court of the County of Santa Clara. 16.2 No Waiver No delay or omission by either Party in exercising any right or power accruing upon noncompliance or failure to perform under the provisions of this Agreement by the other Party shall impair or be construed to waive any right or power. A waiver by a Party of any of the covenants or conditions to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants and conditions. 163 Agreement is Entire Agreement This Agreement and all exhibits attached hereto or incorporated herein, together with the Approvals, contain the sole and entire Agreement between the Parties concerning the Property. The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery, except representations set forth herein, and each Party acknowledges that it has relied on its own judgment in entering this Agreement. The Parties farther acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings Development Agreement Albright Way; LG Business Park LLC Page 29 of 38 with the other. 16.4 Estoppel Certificate Either Party from time to time during the Term may deliver written notice to the other Party requesting written certification that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and constitutes abinding obligation ofthe Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and monetary amount, if any, of the default, and (iv) any other information reasonably requested. A party receiving a request shall execute and return the certificate within thirty (30) days after receipt thereof. The Director shall have the right to execute the certificates requested by Owner. At the request of Owner, the certificates provided by Town establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form and Owner shall have the right to record the certificate for the affected portion of the Property at its cost. 16.5 Severability If any term(s) or provision(s) of this Agreement or the application of any term(s) or provision(s) of this Agreement to a particular situation, is (are) held by a court of competent jurisdiction to be invalid, void, unenforceable or illegal, the remainder of this Agreement or the application of this Agreement to other situations, shall remain in full force and effect unless modified by mutual consent of the Parties. 16.6 Further Documents Each Party shall execute and deliver to the other Party any and all instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the rights and privileges granted by this Agreement. 16.7 Time of Essence Time is of the essence in the performance of each and every covenant and Development Agreement Albright Way; LG Business Park LLC Page 30 of 38 obligation to be performed by the Parties hereunder. 16.8 Indemnification and Legal Action. Owner shall comply with Los Gatos Town Code Section 1.10.115, which requires the following: that any applicant who receives a permit, license, entitlement or other approval pursuant to chapters 6, 12, 14, 29 of the Town Code shall defend, indemnify, and hold harmless the Town and its officials and employees in any action brought by a third party to overturn, set aside, or void such permit, license, entitlement, or approval. This duty to defend, indemnify, and hold harmless the Town and its officials and employees is a condition of approval of all such permits, entitlements, licenses, and approvals whether or not expressly set forth in such permit, license, entitlement, or approval. This obligation shall include costs and reasonable attorney's fees. 16.9 Construction This Agreement has been reviewed and revised by legal counsel for both the Town and Owner and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 17. Termination. 17.1 Termination upon Completion of Development Except as otherwise provided herein, this Agreement shall terminate upon the expiration of the Tenn or when the Property has been fully developed and all of the Owner's obligations pursuant to this Agreement are satisfied as reasonably determined by the Town. Upon termination of this Agreement, the Town may record a Notice of Termination in a form satisfactory to the Town Attorney. Upon the termination of this Agreement as provided herein, neither Party shall have any further right or obligation with respect to the Property under this Agreement except with respect to any obligation that is specifically set forth as surviving the termination or expiration of this Agreement. The following Sections of this Agreement shall survive termination or expiration of this Agreement: 10, 16.8, 17.1, 17.2 and 17.3. The termination Development Agreement Albright Way; LG Business Park LLC Page 31 of 38 or expiration of this Agreement shall not affect the validity of the Approvals (other than this Agreement), provided that Town reserves the right to take action to rezone the Property, in accordance with applicable law, in the event of a termination or expiration of this Agreement. 17.2 Effect Upon Termination on Owner Obligations Termination of this Agreement as to the Owner shall not affect any of the Owner's obligations to comply with the Town General Plan and the terms and conditions of any applicable zoning or any Approvals, nor shall it affect any other covenants or development requirements in this Agreement specified to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees or taxes. 17.3 Effect Upon Termination on Town Upon any termination of this Agreement as to the Owner, the entitlement, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested with respect to the Property and the Town shall no longer be limited by this Agreement, to make any changes or modifications to the entitlement, conditions or fees applicable to the Property. 17.4 Elements of Termination This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the ten (10) year term if not extended, or expiration of the additional ten (10) year term; or (b) The effective date of a Party's election to terminate the Agreement as provided in this Agreement. (c) Pursuant to Court order. 18. Notices. Except as otherwise expressly provided herein, all notices and demands between Town and Owner pursuant to this Agreement shall be in writing and sufficiently given if delivered in person (including Development Agreement Albright Way; LG Business Park LLC Page 32 of 38 by private courier), by an overnight commercial courier, or by first -class certified mail, postage prepaid. Except as otherwise expressly provided herein, notices shall be considered delivered when personally served, upon delivery if delivered by commercial courier, or two (2) business days after mailing if sent by mail as provided herein. Notices shall be sent to the addresses below for the respective Parties; provided, however, that either Party may change its address for purposes of this section by giving written notice to the other Party. These addresses may be used for service of process: Town: Community Development Director Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 With Copy to: Town Attorney Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Owner: LG Business Park, LLC David A. Kingery Principal The Carlyle Group 4 Orinda Way, Suite 170D Orinda, CA 94563 With copy to: Cox, Castle & Nicholson, LLP 555 California Street, l Oth Floor San Francisco, CA 94104 -1513 Attn: Margo N. Bradish 19. Owner is an Independent Contractor. Owner is not an agent or employee of Town, but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed or utilized by Owner in connection with this Agreement are employees of Owner and shall not be considered employees of Town in any respect. Owner is responsible for obtaining statutory workers' Development Agreement Albright Way; LG Business Park LLC Page 33 of 38 compensation coverage, if any is required, for its employees, if any. 20. Project as a Private Undertaking. It is specifically understood and agreed that the Project is a private development. No partnership, joint venture or other association of any kind is formed by this Agreement. 21. Nondiscrimination. Owner shall not discriminate, in any way, against any person on the basis of race, color, national origin, sex, marital status, sexual orientation, age, creed, religion or condition of physical disability in connection with or related to the performance of this Agreement. 22. Force Majeure. Performance by either Party shall not be deemed to be in default where delays or defaults are due to enemy action, war, insurrection, civil disturbances, strikes, walkouts, other labor disturbances, acts of terrorism, riots, floods, earthquakes, fires, casualties, acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, acts of governmental entities (other than the party to be excused), enactment of conflicting local, regional, state, or federal laws or regulations, applicable pursuant to this Agreement, any development moratorium or any action of other public agencies that regulate land use, development or the provision of services prevents, prohibits or delays construction of the Project, judicial decisions, administrative appeals, litigation or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party hereto, extension of time for such cause shall be granted for the period of the excused delay, or longer, as may be mutually agreed upon, and the Tern of this Agreement and the term of the Approvals shall be extended as necessary to accommodate such extension. Development Agreement Albright Way; LG Business Pak LLC Page 34 of 37 23. Amendments. No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and completed in compliance with the procedures listed in the California Government Code for Development Agreement amendments. 24. No Third Party Beneficiary. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 25. Dispute Resolution. A. Any controversies between Owner and Town regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party. If mediation is not completed within sixty (60) days of the written request under this Section, then either Party may commence an action in court. B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight hours). The Parties may agree to extend the time allowed for mediation under this Agreement. C. The costs of mediation shall be borne by the Parties equally. D. Mediation under this section is a condition precedent to filing an action in any court. 26. Consent. Where consent or approval of a Party is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld, delayed or conditioned. Development Agreement Albright Way; LG Business Park LLC Page 35 of 37 27. Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive benefits of this Agreement; each Party shall refrain from doing anything which would render its performance under this Agreement impossible; and, each Party shall do everything which this Agreement contemplates to accomplish the objectives and purpose of this Agreement. 28. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of their respective Party and represent that all necessary board of directors', shareholders', partners', Town Councils' or other approvals have been obtained and that they have the authority to bind their respective party to the performance of its obligations in this Agreement. 29. Attorneys' Fees. Should any legal action be brought by either Party because of a breach of this Agreement or to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be found by the court. 30. Counterparts. This Agreement maybe executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. 31. No Personal Liability. Notwithstanding anything to the contrary contained in this Agreement, in no event shall: (a) any partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or agent of Owner or any general partner of Owner or its general partners be personally liable for any breach of this Agreement by Owner, or for any amount which may become due to Town Development Agreement Albright Way; LG Business Park LLC Page 36 of 37 under the terms of this Agreement; or (b) any member, officer, agent or employee of Town be personally liable for any breach of this Agreement by Town or for any amount which may become due to Owner under the terms of this Agreement. 32. Recordation. Pursuant to California Government Code Section 65868.5, within ten (10) days after the later of execution of the Parties of this Development Agreement or the Enactment Date, the Town shall record this Agreement with the Santa Clara County Recorder. Thereafter, if this Development Agreement is terminated, modified or amended, the Town Clerk shall record notice of such action with the Santa Clara County Recorder. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Enactment Date. Approved as to Form: Judith J. Propp Town Attorney Attest: TOWN OF LOS GATOS, CALIFORNIA a California municipal corporation GREG LARSON Town Manager Town Clerk Administrator LG BUSINESS PARK, LLC . 0 David A. Kingery Development Agreement Albright Way; LG Business Park LLC Page 37 of 37 EXHIBIT A LEGAL PROPERTY DESCRIPTION Development Agreement Albright Ray LG Business Park Exhibit A Page 1 of 1 THIS PAGE INTENTIONALLY LEFT RT.A NK Order Number: NCS- 489718 -SC Page Number: 13 LEGAL DESCRIPTION Real propetb/ in the City of LOS GATOS, County of SANTA CLARA, State of CALIFORNIA, described as follows: PARCEL ONE: ALL OF PARCEL S -1, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDED OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 11, 1978, IN BOOK 416 OF MAPS, PAGES(S) 33. EXCEPTING THEREFROM THE UNDERGROUND WATER OR.RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG- SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS, PARCEL TWO: ALL OF PARCEL "T -1" AND "T -2 ", AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 13, 1978, IN BOOK 430 OF MAPS, PAGE(S) 15. EXCEPTING THEREFROM THE UNDERGROUND WATER OR WATER RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG- SCHROMM, INC., TO SAN .JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179. ALSO EXCEPTING THEREFROM THAT PORTION AS CONDEMNED BY THE STATE OF CALIFORNIA, PURSUANT TO THAT CERTAIN FINAL ORDER OF CONDEMNATION WHICH WAS RECORDED ON FEBRUARY 23, 1994 IN BOOK N 316, PAGE 0306, OFFICIAL RECORDS OF SANTA CLARA COUNTY. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC CSTREETS. -- — — — - - -- - - -. PARCEL THREE: THREE PARCELS OF LAND, EACH DESIGNATED AS PARCEL 3A, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 12, 1977, IN BOOK 405 OF MAPS, PAGES(S) 38, EXCLUDING THEREFROM, PARCELS B AND C AS SHOWN ON THAT PARCEL MAP FILED ON MARCH 21, 1980 IN BOOK 460 OF MAPS AT PAGE 47, EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG- SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22,1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS. Firs, American Tile Insurance Company Order Number: NCS =8 " >71 S -SC Pa9E Number: 11 PARCEL FOUR: i ALL OF PARCEL "Rl ", AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 12, 1977, IN BOOK 405 OF MAPS, 38. - - -- — - - - EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUEFTIG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22, 1978 IN BOOK E 114, - OFFICIAL RECORDS, PAGE 179. - TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS. PARCEL FIVE: - - PARCEL 2A, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA; STATE OF CALIFORNIA ON APRIL 22, 1977, IN BOOK 393 OF MAPS, PAGE(S) 55. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG- SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS, PARCEL SIX: ALL OF LOT 1, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO, 5807, LOS GATOS BUSINESS PARK, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 14, 1976, IN BOOK 379 OF MAPS, PAGE(S) 29 AND 30. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG- SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS. ALSO EXCEPTING THEREFROM THAT PORT AS CO NDEMNED BY THE STATE OF CALIFORNIA, PURSUANT TO THAT CERTAIN FINAL ORDER OF CONDEMNATION WHICH WAS RECORDED ON FEBRUARY 23, 1994 IN BOOK N 316, PAGE 0306, OFFICIAL RECORDS OF SANTA CLARA COUNTY. PARCEL SEVEN: PARCEL C, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE _ _ RECORDED OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 21, 1980, IN BOOK 460 OF MAPS, PAGE(S) 47. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF SURFACE ENTRY, GRANTED BY HUETTIG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED FlrstAmencan Title Insurance Company - Order Number: NCS- 489718 -SC Paae Number: 15 NOVEMBER 22, 1978 IN BOOK E 114,_OFFICIAL RECORDS, PAGE 179, TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS, PARCEL EIGHT: ALL OF PARCELS B AND D, AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 21, 1980 IN BOOK 460 OF MAPS, AT PAGE 47, SANTA CLARA COUNTY RECORDS. TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS. PARCEL NINE: _:: - A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER AND ALONG THAT AREA DESIGNATED "PARCEL E " AS , SHOWN UPON SAID PARCEL MAP, PARCEL TEN: ' A NON- EXCLUSIVE EASEMENT TO INSTALL AND MAINTAIN FOR DRAINAGE. PURPOSES, A 1.2- INCH STORM DRAIN PIPE BELOW THE SURFACE OF THE FOLLOWING DESCRIBED PROPERTY: AS CONVEYED BY INSTRUMENT RECORDED MARCH 28, 1980 IN BOOK F 232, PAGE 715, OFFICIAL RECORDS OF SANTA CLARA COUNTY; (A) A STRIP OF LAND 10 FEET IN WIDTH, 5 FEET OF WHICH LIES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT LOCATED NORTH 39° 49' 00" EAST 248.24 FEET ALONG THE SOUTHEASTERLY LINE OF PARCEL I AND NORTH 63 35' 00" WEST 91.12 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL I, AS SAID PARCEL IS SHOWN UPON A RECORD OF SURVEY MAP FILED IN BOOK 108 OF MAPS, AT PAGE 7, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING, SOUTH 34, 05' WEST 233.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE, 24 FEET, MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL I, WHICH POINT IS LOCATED NORTH 71° 05'15" WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 48.00 FEET FROM THE SOUTHERLY CORNER OF SAID PARCEL I. (B) A STRIP OF LAND 10 FEET IN WIDTH, 5 FEET OF WHICH LIES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: - BEGINNING AT A POINT LOCATED NORTH 39 49' 00" EAST 248.24 FEET ALONG THE SOUTHEASTERLY LINE OF PARCEL I AND NORTH 63° 35' 00" WEST 5 8.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL I, AS SAID PARCEL IS SHOWN UPON A RECORD OF SURVEY MAP FILED IN BOOK 108 OF MAPS, AT PAGE 7, SANTA CLA.PA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING, SOUTH 44° 45' EAST 17.00 FEET. PARCEL ELEVEN: PARCEL "A', AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD ON DECEMBER 29, 1982 IN BOOK 507 OF MAPS AT PAGE 47. EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500 FEET, MEASURED VERTICALLY AS CONTAINED IN THAT CERTAIN GRANT DEED RECORDED FirstAmerican Title Insurance Company 0rder Number: NCS -48W18 SC Page Number: 16 DECEMBER 30, 1982, IN BOOK H239, PAGE 619, OF OFFICIAL RECORDS. PARCEL TWELVE: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES OVER AND ALONG THAT AREA DESIGNATED "PARCEL D ", AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 21, 1980 IN BOOK 460 OF MAPS AT PAGE 47, AS GRANTED TO SNOOK CORPORATION, A CALIFORNIA CORPORATION, BY INSTRUMENT RECORDED MARCH 28, 1960 IN BOOK F232 OF OFFICIAL RECORDS, PAGE 553, AS SUPPLEMENTED BY THAT CERTAIN "EASEMENT GRANTOR'S ESTOPPEL STATEMENT ", BY AND BETWEEN LOS GATOS BUSINESS PARK LTD., A CALIFORNIA LIMITED PARTNERSHIP AND C AND W JOINT VENTURE, A CALIFORNIA GENERAL PARTNERSHIP, RECORDED NOVEMBER 10, 1983 IN BOOK 1057 OF OFFICIAL RECORDS, PAGE 88. REFERENCE IS HEREBY MADE TO THE RECORD THEREOF FOR FURTHER PARTICULARS.._ -_ -- - PARCEL THIRTEEN AN EXCLUSIVE EASEMENT FOR USE AS A PARKING AREA AS CONTAINED IN THE EASEMENT AGREEMENT BY AND' BETWEEN LOS GATOS BUSINESS PARK LTD., A LIMITED PARTNERSHIP AND C AND W JOINT VENTURE, A GENERAL PARTNERSHIP, RECORDED NOVEMBER 10, 1983 IN BOOK E057 OF OFFICIAL RECORDS, PAGE 21 AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "C ", AS SAID PARCEL IS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 21, 1980 IN BOOK 460 OF MAPS AT PAGE 47, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL C, NORTH 26 25' EAST, 37.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 63 19' 32" EAST, 80.00 FEET; THENCE.PARALLEL WITH SAID NORTHWESTERLY LINE SOUTH 26 25' WEST, 4.00 FEET TO A POINT ON THE .- _. SOUTHWESTERLY LINE OF SAID PARCEL C; THENCE ALONG SAID. SOUTHWESTERLY LINE, NORTH 85 46'45' WEST, 86.40 FEET TO THE POINT OF BEGINNING. PARCEL FOURTEEN: ALL THOSE PORTIONS OF ALBRIGHT WAY AND ALBRIGHT COURT, AS SHOWN ON THOSE CERTAIN PARCEL MAPS HEREINAFTER REFERRED TO, PARCEL MAP RECORDED APRIL 22, 1977 IN BOOK 393 OF MAPS, PAGE 55, PARCEL MAP RECORDED OCTOBER 12, 1977 IN BOOK 405 OF MAPS, PAGE 38, AND PARCEL MAP RECORDED NOVEBER 13, 1978 IN BOOK 430 OF MAPS, PAGE 15, ALL OF OFFICIAL RECORDS.- - -. -.. APN: 424 -31 -053, 054, 063; 424 -32 -038, 045, 049, 054, 059, 060 AND 063 i r . First American Title Insurance Company EXHIBIT B PLANNED DEVELOPMENT OVERLAY ZONE ORDINANCE (does not include Plan Set) Development Agreement Albright Way LG Business Park Exhibit B Page I of I THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCES 1247, 1366, AND 1955 AND AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CM:PD TO CM:PD AT 90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD (APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063 ) 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 rescind Ordinances 1247, 1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty) Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as Exhibit A and is part of this Ordinance (the "Property") from CM:PD (Controlled Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned Development). APN's 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063. SECTION II The PD (Planned Development Overlay) zone established by this Ordinance (the "PD Overlay ") authorizes the following construction and use of improvements: 1. To allow the potential for a mix of land uses, the development of the Property may consist of office/ R &D alone or a mix of office/R &D and senior residential uses. The development of the Property could include up to a maximum of 550,000 square feet of office/R &D space, or a combination of less office/R &D space with senior residential uses (the "Project "). Residential 1 uses would include senior units up to a maximum of 168 units. The specific uses for each phase of the Project will be determined by the applicant at the Architecture & Site ( "A &S ") Approval stage, and any combination of uses authorized by this PD Overlay is authorized up to the stated maximums, subject to the Residential Development Triggers described herein, provided that the combination of uses does not result in new or substantially more severe environmental impacts than disclosed in the Mitigated Negative Declaration for the project dated April 11, 2011 (the "MND "). If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MND, then appropriate CEQA review shall be required prior to A &S Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. 2. Uses permitted and conditionally permitted are Permitted Uses: Offices, including corporate, administrative, business, and professional offices, but excluding medical and dental offices. Light manufacturing, light assembly, research and development, wholesaling, warehousing, and other light industrial uses (including indoor storage of materials and products). i Ancillary office - serving retail comprising not more than 10% of the total allowed office area for each A &S Approval. 9 Office- serving uses designed to primarily serve those employed at the site or visiting the site for business purposes, such as: recreational facilities; conference and training facilities; restaurants, cafeterias and other eating establishments; health and wellness 2 facilities; and ancillary uses such as on -site banking, ATMs, private post offices, personal services (such as dry cleaning pick up) and similar support uses. ® Senior Housing including without limitation, independent living, assisted living, skilled nursing, as well as Continuing Care Retirement Community and or Residential Care for the Elderly, including full food service and the sale of alcohol. • All uses permitted in the CM and O zones, excluding medical and dental offices, churches, sports clubs other than as accessory to a permitted use, and public and private schools. Conditional Uses (CUP required): ® Except as otherwise specifically permitted above, all conditional uses in the CM and O zones, excluding residential. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan (as defined in Section V), this ordinance, and/or any applicable Development Agreement specifically indicated otherwise. SECTION IV Regardless of the type of permit, A &S Approval is required before any construction work for the project is performed and before any permit for construction is issued. Construction permits shall only be issued in a manner complying with Section 29.80.130 (Architecture and Site Approval) of the Zoning Ordinance, subject to the provisions of any applicable 3 Development Agreement. SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los Gatos on March 13, 2011 (25 sheets) and Development Plans received by the Town of Los Gatos on July 26, 2011 (11 sheets)), as revised in accordance with Performance Standard I below, incorporated herein by this reference and attached Exhibit C, constitute the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits, unless otherwise stated below. The Official Development Plan will be modified and finalized after final Town Council action. TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR: Planning Division APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with any applicable Development Agreement. Within fifteen (15) days following Town Council approval of this Ordinance, Applicant shall submit a revised set of Development Plans that (i) exclude medical and dental offices, churches, sports clubs other than as accessory to a permitted use, and public and private schools from the list of permitted uses; (ii) incorporate the changes required by the conditions of approval set forth herein; and (iii) incorporate any changes required by the Town Council. The Community Development Director shall approve the revised Development Plans, which shall be attached to this Ordinance as Exhibit C prior to recordation. Any further changes or modifications made El to the Official Development Plan shall be approved by the Community Development Director, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s), in accordance with any applicable Development Agreement. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. 3. SENIOR RESIDENTIAL DEVELOPMENT TRIGGERS: The Development Plans shall be revised to reflect the following changes to the Senior Residential Development Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000 square feet of new office/R &D development on the Property and (ii) 60 months after the approval of this Ordinance the applicant shall not submit applications for building permits for senior housing on the Property. Upon satisfaction of the Senior Residential Development Triggers, the applicant may submit and the Town will process applications for building permits for the Property for any uses or combination thereof permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay, provided that the land area of the Property approved for senior housing uses shall not exceed seven (7) acres, shall be located on the C southern portion of the property adjacent to the existing residential property, and shall have a maximum total density of 24 units per acre of residential development, inclusive of below market program and other housing requirements, incentives and bonuses.. 4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A &S application shall be required for each phase of the Project. The A &S application shall be referred to Planning Commission for a recommendation to Town Council. Town Council shall make the final determination on all A &S applications. 5. COMMERCIAL DESIGN GUIDELINES. A &S applications shall be reviewed for compliance with the Common Design Guidelines of the Commercial Design Guidelines, to the extent not in conflict with the PD Overlay, and subject to the provisions of any applicable Development Agreement. 6. MASS AND SCALE PARAMETERS. The Development Plans shall be revised to include the following floor plate guidelines, which shall apply to the Project: 1. Maximum floor plate size of 40,OOOsf. 2. Each floor may not be more than x% of the first floor as follows: lstFloor = 100% 2nd Floor = 100% - 95% of 1 st Floor 3rd Floor = 95% - 90% of 1st Floor 4th Floor = 90% - 85% of I st Floor 5th Floor = 85% - 80% of 1 st Floor In connection with A &S Approval, the Town shall have the discretion to approve lesser reductions in floor plate size upon a finding that the architectural intent of an articulated facade is achieved. Gi 7. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS. A &S applications shall be reviewed for compliance with applicable sections of the Guidelines and Standards for Land Use Near Streams, subject to the provisions of any applicable Development Agreement. S. SUBDIVISION REQUIRED. A tentative map application shall be approved prior to the submittal of building permits. The Development Review Committee maybe the deciding body for the tentative map. 9. BUILDING COMPOSITION. The office/R &D component shall not exceed 550,000 square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other amenities. There shall be up to a maximum of 168 senior housing units. The combination of uses shall not result in new or substantially more severe environmental impacts than disclosed in the Mitigated Negative Declaration for the project dated April 11, 2011 (the "MND "). If the combination of uses does result in new or substantially more severe environmental impacts than discussed in the MID, then appropriate CEQA review shall be required prior to A &S Approval, but no amendment to this PD Overlay shall be required as long as the stated maximums for each individual use are not exceeded. 10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five stories and 85' -0" (eighty five feet zero inches), including the roof screen. Heights of office buildings shall be varied and not exceed the maximum permitted height 85' -0" (eighty five feet zero inches). The maximum height of the parking structures shall be three stories and 35' -0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of 7 the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. The maximum height of senior housing buildings may be up to three stories and 50' -0" (fifty feet and zero inches), including the roof screen, and exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable Development Agreement. 11. SETBACKS. Minimum setbacks are as set forth on Sheet A -9 of the Official Development Plan (Exhibit Q. 12. LOT COVERAGE. Maximum lot coverage for both buildings and parking structures is limited to 50% of the lot area. 13. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provide the permitted development envelope and permitted development parameters applicable to the Property. Final building designs in compliance with the Official Development Plans shall be determined during the A &S Approval process, subject to the provisions of any applicable Development Agreement. 14. BELOW MARKET PRICE (BMP) PROGRAM. The developer shall comply with the Town's inclusionary housing requirement as set forth in Division 6 of Article 1 of the Zoning Ordinance and the Town's Below Market Housing Program Guidelines, subject to the provisions of any applicable Development Agreement. A deed restriction shall be recorded prior to issuance of building permits for residential units subject to the inclusionary housing requirement, stating that the BMP units must be rented or sold as below market price units pursuant to the Town's BMP requirements in place at the time specified in the Town Code or any applicable Development Agreement. 0 15. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water Efficiency Ordinance, whichever is more restrictive. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review prior to the issuance of building permit. 16. COMPLIANCE MEMORANDUM. A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit and /or final subdivision map detailing how the Conditions of Approval will be addressed. 17. LANDSCAPE PLAN. The final Landscape plan shall be reviewed by the Consulting Arborist as part of the A &S approval process. All Tree Protection measures recommended by the Consulting Arborist shall be followed as specified in the MMRP. 18, TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of any permits. 19. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone (chain link) attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 20. RECYCLING. Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company that will recycle the materials. Receipts from the company(s) accepting these materials, noting type and M weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 21. PARKING. The minimum parking ratios for the project are 33 spaces /1000 square feet for the office/R &D buildings. The parking ratio for senior housing will be determined after the parking surveys have been completed as required by Mitigation Measure TRA- 5. Wheel stops may be used in the parking garages where deemed appropriate and necessary for safety. Wheel stops shall not be used in any surface parking areas. Parking spaces shall be double striped per Town standards. 22. NETWORK ACCESS. Network access shall be provided in the outdoor common areas, to allow people to work outside. 23. RECREATION MITIGATION MEASURE REC -1. Provision of On -Site or Nearby Recreational Facilities. The project applicant shall either provide access to on -site or nearby recreational facilities for project employees under Scenario 1 and residents under Scenarios 3 and 4. 24. PROJECT PHASING. The project phasing shall be subject to the provisions of any applicable Development Agreement. If the applicant/developer elects to build the project in phases, then any undeveloped site(s) for future phase(s) shall include provisions for landscaping and other attractive low maintenance improvements, and security and maintenance of any undeveloped land to be developed under future phases. Significant changes to the Phasing Plan that are not in conflict with the Development Agreement may be approved through an A &S application. 25. DEVELOPMENT IMPACT FEES. The developer is required by law to pay development impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos- 10 Saratoga Union High School District (LGSUHSD) at the time of the building permit issuance. 26. LANDSCAPE SCREENNG. All buildings and parking structures shall be significantly buffered from Winchester Blvd. and properties to the west by the existing, predominately redwood tree screen. All healthy redwoods and other significant trees in the Winchester Blvd. frontage screen shall be retained except for those that would be removed with the construction of the new Albright Way entry just south of proposed Building D. The proposed parking structure would also be screened by the existing vegetation along the northern property line and additional landscaping shall be incorporated as needed to maximize the buffering of the structure from the freeway and properties north. 27. AESTHETICS MITIGATION MEASURE AES -1: Limit Visibility. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and policies of the General Plan's VLR Element, and maintain the small -town character of the community, the proposed project configuration shall implement the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small -town character; and b. Future office and residential strictures shall be situated and designed to minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a design that incorporates a combination of buildings with various rather than uniform heights; building design I1 features such as articulation of fapades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. 28. AESTHETICS MITIGATION MEASURE AES -2: Tree Screens. Existing landscape trees along the northern boundary should be retained to the maximum extent possible to more quickly provide screening from SR 85 and the Los Gatos Creek Trail. 29. AESTHETICS MITIGATION MEASURE AES -3: Landscape Plantings. Proposed landscape plantings shall be initiated during the preliminary phases of the any approved development scenario in order to maintain and enhance the screening of the project site facilities from residents in the Charter Oaks neighborhood and recreationists using the Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of more replacement trees than can be accommodated on the project site, the project applicant and Town will consider opportunities for the planting of native riparian plant species, including trees, within the Los Gatos Creek riparian zone. 'These efforts will need to be coordinated with the Santa Clara Valley Water District, which has jurisdiction over the creek and adjoining riparian areas. 30. AIR QUALITY MITIGATION MEASURE AQ -1: Basic Construction Measures. To limit the project's construction- related dust and criteria pollutant emissions, the following BAAQMD- recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 12 b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 31. AIR QUALITY MITIGATION MEASURE AQ -2: Additional Construction Measures. The following BAAQMD Additional Construction Mitigation Measures shall be included 13 in contract specifications for construction: a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). b. VOC content of architectural coatings shall not exceed 150 grams VOC per liter of coating. 32. AIR QUALITY MITIGATION MEASURE AQ -3: Additional NOx Reduction Construction Measures. The following limitations shall be included in contract specifications for construction and adhered to during soil hauling activities (during mass and fine grading) for each construction phase in order to ensure NOx emissions would be reduced to less - than - significant levels (phasing parameters are defined in the URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial Study): • Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles roundtrip. Daily vehicle miles traveled (VMT) during mass grading shall not exceed 1,416; daily VMT during fine grading shall not exceed 425. Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26 miles roundtrip. Daily VMT during mass grading shall not exceed 1,629; daily VMT during fine grading shall not exceed 671. • Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles roundtrip. Daily VMT during mass grading shall not exceed 2,318; daily VMT during fine grading shall not exceed 625. 14 The contractor shall log VMTs daily and submit to the Town monthly. These limitations shall be stipulated in construction bids, plans, and specifications. 33. AIR QUALITY MITIGATION MEASURE AQ -5: Operational Risk Reduction Measures. A minimum 261 -foot setback from the freeway shall be required for proposed residential uses and is considered by the BAAQMD to be sufficient to mitigate any potentially significant impacts on any residential uses to unhealthful levels of TACs or PMz.S- 34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -1: Protection of Nesting Birds during Construction. The following measures shall be implemented prior to any on- site construction activities: a. Tree and shrub removal, pruning, and structure demolition should be conducted outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. b. If tree and shrub removal, pruning, and structure demolition must occur during the breeding season (February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface - disturbing activities. If no active nests are found, no further measures are necessary. c. If active nests i.e. nests with eggs or young birds present, of special - status or migratory birds are found, non - disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the 15 nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS. If buffers are established and it is determined that project activities are resulting in nest disriirbance, work should cease immediately and the CDFG and the USFWS should be contacted for further guidance. d. If active raptor nests are found within 300 feet of construction activities, a qualified biologist shall be on site to monitor the nests for signs of breeding/rearing disruption. If it is determined that any construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFWS shall be contacted to develop protective measures. 35. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -2: Protection of Riparian Habitat during Construction. Project implementation would require the operation of heavy equipment and machinery for an extended period of time, increasing the level of human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may reach significant levels without the incorporation of following measures: a. Project construction activities shall be restricted to daylight hours; nighttime work shall not be permitted. b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be directed inward and shall not cause the illumination of the adjacent riparian habitat. c. Vehicle /equipment operations in the vicinity of the riparian corridor shall be 16 minimized to the extent practicable. d. Dust control must be practiced during demolition and grading. 36. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -3: Protection of Riparian Habitat during Project Operation. Implementation of any of the proposed scenarios could result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed -use scenarios could also result in increased interaction between wildlife and domestic pets. Such effects may reach significant levels without the incorporation of following measures: a. The lighting of the selected scenario shall ensure that exterior lighting is directed inward and shall not cause the illumination of the adjacent riparian habitat. b. Restrictions shall be in placed to prevent the placement of pet food containers out -of- doors in areas accessible to wildlife. c. Free - roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted. d. All exterior trash receptacles shall be designed and maintained to exclude wildlife. 37. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -4: Tree Protection and Replacement. In order to provide appropriate mitigation for the loss of Ordinance- protected trees, the following measures would be required: a. The project proponent shall secure a Tree Removal Permit from the Town of Los Gatos prior to removing or grading within the dripline of any protected tree. b. For the worst -case condition of tree impacts and the Town's tree replacement formula, the maximum number and sizes of replacement trees that could be required are indicated as follows, but could be less depending on the final development design: 17 Number of Trees Size 1282 24" box sized trees, and 4 36" box sized trees, and 4 48" box sized trees. or 54 36" box sized trees, and 236 48" box sized trees. Actual tree replacement would be based upon the final permitted number of trees removed. c. If a tree cannot be reasonably planted on the subject property, the value of the removed tree(s) shall be paid to the Town Forestry Fund to: • Add or replace trees on public property I the vicinity of the subject property, or • Replacement value of a tree shall be determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. d. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to the Santa Clara Valley Water District, the Town may also consider accepting riparian habitat restoration and enhancement activities as compensation for the loss of some protected trees on the subject property. As described above, the riparian habitat is degraded by the presence of invasive non - native trees, which could be removed and replaced with native riparian trees. From the perspective of CEQA, enhancement and restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts resulting from project implementation. 18 e. The project sponsor shall avoid planting ornamental species reported by the California Invasive Plant Council to have the potential to be invasive. Species on this list that can spread by wind —borne seed shall be prohibited from use in landscaping. The proposed list of landscaping species for the project shall be reviewed and approved by the Town. f In addition to conformance to the Tree Protection Ordinance, the Town arborist's (Deborah Ellis, February 18, 2011) report also outlines protective measures before and during construction. Additional tree protection guidelines are presented in the Tree Protection Ordinance Section 29.10.1005. These measures shall be implemented. g. During construction, accidental injury or removal to and protected trees shall be reported immediately to the Town and appropriate measures taken, as identified by the Town, to mitigate the non - permitted damage and to prevent further accidental impacts. h. The Town shall implement recommendations made by the Town's consulting arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass design guideline recommendations encompassing the establishment of a Tree Protection Zone to preclude the disturbance of trees to be retained on the project site, erosion control measures, drainage control, and tree replacement requirements. In addition, the arborist's report presents tree protection measures to be implemented before and during project construction. These recommendations are included as Attachment 3 of this study. 19 3s. CULTURAL RESOURCES MITIGATION MEASURE CUL -1. Archaeological Monitor. A qualified archaeologist shall be retained to monitor the site clearing and grading operations in those areas where buildings will be removed and/or new construction will occur. The archaeologist shall be present on -site to observe site clearing at a representative sample of building removal areas until he /she is satisfied that there is not longer a potential for finding buried resources. In the event that any potentially significant archaeological resources are discovered, the project archaeologist shall stop work inside a zone designated by him/her where additional archaeological resources could be found. A plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eligible for inclusion on the California Register of Historic Resources (CRHR). 39. CULTURAL RESOURCES MITIGATION MEASURE CUL -2. Identification of Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to the resource shall be submitted to the Los Gatos Community Development Department for approval before any additional construction related earthmoving can occur inside the zone designated as archaeologically sensitive. Mitigation could include additional hand excavation to record and remove for analysis significant archaeological materials, combined with additional archaeological monitoring of soils inside the archaeologically sensitive zone. 40. CULTURAL RESOURCES MITIGATION MEASURE CUL -3. Discovery of Human Remains. Required monitoring will also serve to identify and hopefully reduce damage to 01 human burials and associated grave goods. In the event that human remains are discovered, it shall be the responsibility of the project archaeologist to contact the County Coroner's Office and the Native American Heritage Commission (NAHC). The NAHC is responsible for naming a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated grave goods. The MLD shall make recommendations to the Community Development Director regarding the method for exposure and removal of human burials and associated grave goods, and shall advise the Community Development Director regarding the place and method of reburial of these materials. 41. GEOLOGIC MITIGATION MEASURE GEO -1. Detailed Geotechnical Investigations. The project sponsor shall ensure that a design -level geotechnical investigation is conducted for each planned site improvement. The recommendations of the geotechnical investigation shall be incorporated in the final construction plans for the proposed project. These recommendations shall address liquefaction, lateral spreading, ground rupture due to liquefaction, and differential compaction. 42. GEOLOGIC MITIGATION MEASURE GEO -2: Undocumented Fill. The project sponsor shall require the removal of undocumented fill materials within proposed building excavations. Reuse of the fill materials shall only be allowed if they meet the requirements for engineered fill. Otherwise, imported engineered fill shall be required for building excavations. Undocumented fill materials that do not meet the requirements for engineered fill shall be reused for landscaping or in non - structural fill areas, or shall be disposed of off -site. 43. GREENHOUSE GASES MITIGATION MEASURE GHG -1. A combination of the 21 following list of sustainability and design features shall be incorporated into uses ultimately developed on the project site to achieve the overall scaled reduction in GHG emissions necessary to meet the BAAQMD's significance threshold of 4.6 MT of GHG per service population per year). For example, based on development project scenarios reviewed in this report, scaled reductions would be required are as follows: 44.34 percent for Scenarios I and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to issuance of building permits, the project applicant shall demonstrate required scaled reductions are achieved through incorporation of a combination of sustainable project design features. Each measure and associated GHG reduction shall be identified and included on all project plans and specifications. One or more of the following sustainability and design features, or other measures that may become available in the future, shall be included to achieve the required scaled reductions in GHG emissions: • Provide secure on -site bike parking (ratio shall be at least one space per 20 vehicle spaces). Provide information on transportation alternatives (i.e., bus schedules and maps) accessible to employees within each proposed building. s Provide preferential on -site carpooUvanpool parking. i Increase energy efficiency beyond Title 24 by 20 percent. Install smart meters and programmable thermostats. • Plant shade trees within 40 feet of the south side or within 60 feet of the west sides of the buildings. 22 a Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling load. a Meet 2010 Green Building Code Standards. a Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance efficiency and reduce energy loss. a Include solar photovoltaic or other technology to generate electricity on -site to reduce consumption from the electrical grid. a Implement employee telecommuting program. • Provide showers /changing facilities on -site for employee use. • Implement an on -site carpool matching program for employees. • Provide on -site amenities (i.e., eating and other establishments). • Increase the project design by 100 percent (i.e., presence of transit - oriented development design guidelines, complete street standards). e Work with the Bay Area Air Quality Management District ( BAAQMD) to implement acceptable off -site mitigation. This involves an agreement with the BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD would commit to reducing the type and amount of emissions identified in the agreement. 44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -1. Hazardous Materials Removal. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less -than- significant level: 23 a. The project sponsor shall retain a qualified professional to update the environmental database review performed as part of the Phase I ESA no more than three months prior to the start of any construction activities that would involve disturbance of greater than 50 cubic yards of soil. The qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The project sponsor shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities under the proposed project that require disturbance of greater than 50 cubic yards of soil. To evaluate the potential for the presence of pesticides and metals, sample analysis shall include dioxins and furans, chlorinated herbicides, chlorinated pesticides, and California Title 22 metals at a minimum. If contamination from a nearby site is indicated by the environmental database review conducted in accordance with Mitigation Measure HAZ -la, then additional analysis shall be conducted in accordance with the recommendations of the qualified professional. The project sponsor shall also be required to notify the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -lb, identifying the chemicals 24 present, potential health and safety hazards, monitoring to be performed during site activities, soils - handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor(s) to prepare a material disposal plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -Ib, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on -site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes 25 soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure HAZ -lb, the project sponsor would remove and notify the regulatory agencies of a discovered release. The assigned lead agency would oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. 45. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -2. Hazardous Building Materials Removal. Prior to demolition of a building, the project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer. This survey shall be completed prior to any demolition activities associated with the project. If any friable asbestos - containing materials or lead - containing materials are identified, adequate abatement practices, such as containment and/or removal, shall be implemented in accordance with applicable laws prior to demolition. Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. 46. NOISE AND VIBRATION MITIGATION MEASURE NOI -1. Detailed Acoustical Analysis for Residential Uses. During the Architecture and Site review process, noise attenuation measures, as specified by an acoustical engineer, shall be incorporated into the project design to ensure that noise levels in usable outdoor areas meet the Town's 65- dBA (DNL) land use compatibility guideline for mufti - family residential uses and interior 26 noise levels meet Town's and State (Title 24) interior standard of 45 dBA (DNL). Noise attenuation measures that could be incorporated into the design to achieve these limits include: a Provision of acoustically- effective barriers or deck railings to meet the 65 -dBA (DNL) exterior limit. a Provision of closed windows and mechanical ventilation to achieve the 45 -dBA (DNL) interior standard. 47. NOISE AND VIBRATION MITIGATION MEASURE NOI -2, Construction- Related Vibration Limits. To prevent cosmetic damage to existing adjacent strictures, the project contractor shall restrict equipment operations within 25 feet of adjacent structures, whereby surface vibration will be limited to no more than 0.2 in/see PPV, measured at the closest residential structures. 48. NOISE AND VIBRATION MITIGATION MEASURE NOI -3. Construction- Related Noise Abatement: The project contractor shall demonstrate that the project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25 feet. b. Property occupants located adjacent to the project boundary shall be sent a notice, at least 15 days prior to commencement of constriction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet 27 shall also be posted at the project constriction site. All notices and signs shall be reviewed and approved by the Town of Los Gatos Public Works and Community Development Department prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works and Community Development Departments, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works and Community Development Departments. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Disturbance Coordinator. d. Construction haul routes shall be designed to avoid noise - sensitive uses (e.g., residences, convalescent homes, etc.). e. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. f Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 28 9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos Community Development (Building) Department, that construction noise shall not exceed 85 dBA outside of the property line. 49. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -1. Winchester Boulevard and Albright Way (Unsignalized Intersection #4). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with protected left-turn phasing on Winchester Boulevard. Intersection level of service would improve to LOS B during both peak hours with the improvements. However, based upon vehicular queuing analysis, it is recommended that the project entrance at Winchester Boulevard and Albright Way be restricted to right -turn in and out only and a new signalized project entrance be provided along Winchester Boulevard approximately 200 feet south of Albright Way. The new signalized entrance will be aligned with the entrance to the Courtside Club forming a new four - legged signalized intersection with signal interconnect to the signals at Winchester Boulevard and Wimbledon Drive and Winchester Boulevard and State Route 85 (S). The close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive will require that the two signals be interconnected and signal timing to be synchronized. Alternate configurations may be possible to accommodate specific project phasing. Any interim alternate configurations must provide a level of service that conforms to the Town's Traffic Impact Policy. 50. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -2. University 29 Avenue and Lark Avenue (Unsignalized Intersection 97). The necessary improvements to mitigate project and cumulative impacts at this intersection consist of the signalization of the intersection with signal interconnect to and coordination with the signal at Winchester Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C during the AM and PM peak hours, respectively, with the improvements. It should be noted that this intersection is projected to operate at unacceptable levels under Town of Los Gatos 2020 General Plan Conditions. The Town of Los Gatos Draft 2020 General Plan identifies the above improvement as a roadway improvement necessary to accommodate the future development allowed under the 2020 General Plan. However, due to the lack of dedicated funding sources for the improvements identified in the General Plan, this improvement cannot be assumed to be completed under Project Conditions. Therefore, the project will be required to fund and construct the improvement, unless other development is identified that will contribute a `fair share' amount toward the implementation of the improvement. 51. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -3. Winchester Boulevard and Lark Avenue (Signalized Intersection 96). The developer shall interconnect and synchronize the traffic signals at the Lark/University, Winchester /Lark, Winchester/Wimbledon, and Winchester/New project entry intersections to mitigate pre - and post - project queues at the Lark Avenue intersection by preventing there from extending into the Wimbledon Drive intersection.) The interconnection and 1 These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University, Winchestec'Lark, WinchesterhVimbledon, and Winchester,'New project entry that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn 30 synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization. 52. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -4. Pedestrian and Bicycle Access. In order to avoid potential pedestrian safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, all required improvements along Winchester Boulevard (including those specified in Mitigation Measure TRA -1 through TRA -3) shall be designed to accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit. 53. TRANSPORTATIOWTRAFFIC MITIGATION MEASURE TRA -5: Parking Survey. During the Architecture and Site review process, a parking survey shall be completed at other comparable facilities in the region in order to determine adequacy of proposed parking for senior residents as well as senior facility staff under Scenario 4. Building Division 54. PERMITS REQUIRED: A building permit shall be required for the construction of each new structure. Separate building permits are required for site retaining walls, swimming pools, etc; separate electrical, mechanical, and plumbing permits shall be required as necessary. 55. CONDITIONS OF APPROVAL. The Conditions of Approval shall be stated in full on pockets. 31 the cover sheet of the construction plan submitted for building permit. 56. PLANS. The constriction plans for this project shall be prepared under direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5533). 57. SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 53. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations 59. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF -IR shall be printed on the construction plans. 60. 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 any building permits, 32 in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter, The Town Special Inspection schedule shall be printed on the construction plans. 61. NON -POINT SOURCE POLLUTION STANDARDS, The Town standard Santa Clara Valley Non -point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet is available at the Building Division service counter. 62. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency approvals before issuance of a building permit: a. West Valley Sanitation District: 378 -2407 b. Santa Clara County Fire Department: 378 -4010 c. Los Gatos Union School District: 335 -2000 Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building plans. TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR: Engineering Division 63. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications, subject to the provisions of any applicable Development Agreement. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street 33 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. 64. DEVELOPMENT AGREEMENT. The applicant shall enter an agreement to construct public improvements in accordance with Town Code 24.40.020, subject to the provisions of any applicable Development Agreement. 65. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Parks and Public Works Director, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department at I10 E. Main Street is needed for grading within the building footprint. 66. GRADING PERMIT PHASNG. Phased grading permits may be allowed if approved by the Town Attorney and the Parks and Public Works Director. Phasing may relate to development phases or to multiple grading permits within a development phase, such as early release of a grading permit prior to release of the building permit. Bonding of early grading improvements may be required. 3 4 67. TENTATWE MAP. A tentative map and A &S approval are required for each development phase, prior to submittal for a final or parcel map for that phase. Phased final maps shall be permitted. 63. SUBDIVISION MAP. A final or parcel map shall be recorded. Two copies of the final / parcel map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any building permits are issued. A &S and Tentative Map planning applications shall be approved for each development phase before a parcel or final map for that phase is recorded. 69. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 70. DEDICATIONS. The following shall be dedicated on each subdivision map. The dedications shall be recorded before any permits are issued. a. Winchester Boulevard. Right of way as needed to accommodate required frontage and site entry improvements. b. Public Service Easements (PSE), as required. c. Ingress - egress, stone drainage and sanitary sewer easements, as required. d. Emergency Access Easement. Twenty (20) feet wide, extending from the northerly terminus of Charter Oaks, through the project site, to Winchester Blvd. 71. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided for each building stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to 35 construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 72. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as- built" drawings. 73. AS -BUILT PLANS. After completion of the construction of all work, 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 civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS- COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 36 74. FINISHED FLOOR ELEVATIONS. Finished floor elevations for all new structures shall be higher than the 100 -year water surface elevations identified on Flood Insurance Rate Maps current at the time of building permit issuance. 75. PLAN CHECK FEES. Mapping and Grading Permit plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. Fee amounts are as specified in the applicable fee schedule, subject to the provisions of any applicable Development Agreement. 76. INSPECTION FEES. The Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. Fee amounts are as specified in the applicable fee schedule, subject to the provisions of any applicable Development Agreement. At the discretion of the Town Engineer, the developer shall fund a Public Works inspector on a time and materials basis as needed for the duration of the mass grading and drainage construction for each development phase, subject to the provisions of any applicable Development Agreement. 77. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 73. THIRD PARTY INSPECTOR FEES. The applicant shall pay for the inspection of public street lighting and traffic signal related work. Inspections shall be performed by the Town's street lighting and traffic signal contractor. An initial deposit of $5,000 shall be made to the Town prior to issuance of an encroachment or public improvement permit. Inspection will be on a cost recovery basis and additional inspection fees may be 37 required. 79. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 80. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit for each development phase, subject to the discretion of the Town Engineer. 81. STORMWATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre - qualified by the Town. In the event that storm water measures proposed on the A &S approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the A &S approval prior to release of the Building Permit. The applicant may elect to have the A &S submittal certified to avoid this possibility. 82. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner or 38 Owner's Association, as appropriate, shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the property owner or owner's association, as applicable, and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 83. SITE DRAINAGE. Any storm drain inlets (public or private) shall be stenciled /signed with appropriate `PTO DUMPING - Flows to Bay" NPDES required language. 84. NPDES. On -site drainage systems for all projects shall conform to the requirements of the Municipal Regional NPDES Permit that is current at the time of A &S approval for each development phase. Each development phase must provide, at a minimum, sufficient improvements to treat all development within that phase. Deferral of treatment to future phases will not be allowed. 85. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision map, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to recordation of each map or issuance of a building permit. 86. 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. 39 87. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 nun) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 88. TRASH ENCLOSURES. Trash enclosures shall be covered and provided with a drain connected to the sanitary sewer system. 89. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 90. UTILITIES. All new utilities shall be placed underground. 91. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress print to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off - street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above IN ground utilities shall be reviewed and approved by the Community Development Director prior to issuance of any permit for each development phase. 92. PHOTOMETRICS. Site lighting photometrics shall be provided with each Architecture and Site application. 93. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of each subdivision map. 94. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to recordation of each map. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG &E stating that public street light billing will by Rule LS2A, and that private lights shall be metered with billing to the owners association. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans. 95. TRENCHING. Trenching within public streets will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium asphalt. The initial lift(s) shall be of three quarter inch medium asphalt. d. The Contractor shall schedule a pre - paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. 41 e. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. 96. TRAFFIC IMPACT FEE. The developer shall pay the Town Traffic Impact Fee in accordance with the Town Code and Council fee resolution in effect at the time the building permit application is made, subject to the provisions of any applicable Development Agreement. Credit from demolishing existing office use shall be applied toward the new office/R &D space. It shall not be allowed toward the residential use unless there is unused credit after all new office/R &D space A &S applications have been approved. 97. PARKENG. Any proposed parking restrictions on public streets must be approved by the LGPD. 98. TRAFFIC CIRCULATION STUDIES. In connection with the A &S Approval for each development phase, the developer shall prepare design -level circulation plans to address onsite circulation and project entry points from Winchester Boulevard. The plans will identify the configuration of on -site circulation facilities and the configuration of project entry points from Winchester Boulevard, as needed to support each development phase. The plans shall be in accordance with the Traffic Impact Study dated March 17, 2011 previously prepared for the Albright Way Project, and mitigation measures identified 42 therein. The plans shall be funded by the developer and subject to Town Engineer approval. 99. TRAFFIC IMPROVEMENTS. The following traffic improvements shall be provided in addition to those identified in the CEQA review. These improvements shall be substantially complete prior to issuance of the first certificate of occupancy, and frilly complete and accepted by the Town prior to the final certificate of occupancy for the applicable development phase. a. New Project Entry. The applicant shall provide detailed intersection traffic analysis for the proposed intersection configuration to Town Engineer for approval. As a minimum, an additional right turn lane entering the project site, additional bike lanes along Winchester Boulevard, and two left -turn lanes exiting the project site shall be required. All cost including and not limited to traffic analysis, design, construction, inspection, and construction management shall be borne by the applicant. The analysis and construction shall address all four legs of the intersection, including the Courtside leg. b. Winchester Blvd. /Albright Way. Construct a landscaped median island with turn restriction signage. c. Frontage Improvements. Paint pole and Install LED light fixture for all existing street lights at the project frontage. 100. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards, subject to the provisions of any applicable Development Agreement. These improvements may include but not limited to curb, 43 gutter, sidewalk, driveway approaches, curb ramps, street lighting (upgrade and /or repaint) etc. 101. PUBLIC IMPROVEMENTS. Plans for public 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 the recordation of a subdivision map for each development phase. The improvements must be substantially completed prior to issuance of the first certificate of occupancy, fully complete and accepted by the Town prior to issuance of the final Certificate of Occupancy for each development phase. 102. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc, shall be repaired and replaced to a condition equal to or better than the original condition. A slurry seal shall be provided across the full road width in areas of trenching, road widening, median modification or construction, and where striping has been ground off. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 103. PUBLIC AND PRIVATE IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all public improvements, and private circulation and drainage infrastructure improvements that are a part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit for each development phase. Applicant shall provide two (2) copies of documents verifying the cost of the applicable improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 104. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 105. SOILS REPORT. One copy of the soils report shall be submitted with each grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 106. SOIL EXPORT. The total soil export volume (sum of all development phases) from the site shall not exceed 90,000 cubic yards. The contractor's project engineer shall send daily trucking reports to the Engineering inspector during the export operation of each development phase. 107. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off 45 the project site. This may include, but is not limited to provisions for the developer.!owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 108. SOILS REVIEW. Prior to issuance of each grading permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 109. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stab ilizingibuilding on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and we SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit. 110. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall - -top of wall elevations and locations b. Toe and top of cut and fill slopes 111. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35 -mm or digital video camera. The survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the Campbell City limits. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 112. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete a post construction pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre- construction condition and strength shall be determined using State of California procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval. The Applicant shall be responsible for completing any required road repairs prior to release of a certificate of 47 occupancy. 113. TREE REMOVAL. Copies of all necessary tree removal pen shall be provided prior to issuance of any grading permit. 114. DEMOLITION. Any existing structures that would straddle a future property line shall be demolished prior to recordation of the final or parcel map for the applicable phase. 115. DUST CONTROL. Blowing dust shall be reduced by timing constriction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water tricks shall be present and in use at the constriction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 116. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at construction sites greater than four acres in area: M a. Hydroseed or apply (non- toxic) soil stabilizers to inactive constriction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.) c. Limit traffic speeds on unpaved roads to 15 mph. d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. 117. SILT AND MUD N PUBLIC RIGHT- OF-WAY. It is the responsibility of contractor and property owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 118. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 119. 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 Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 120. 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 49 curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 121. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with each subdivision map. 122. PRIVATE STREETS. All new streets shall be private. 123. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre - construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 124. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. 125. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. 50 The storing of goods and/or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 126. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 51 127. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 128. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 129. CC &R's. A copy of the CC &R's shall be submitted for review and approval by the Town Attorney and Planning Division prior to map recordation. 130. AIR QUALITY MITIGATION MEASURE AQ -4: Additional DPM Reduction Construction Measures. Prior to the approval of project plans and specifications, the Town Engineer, or his designee, shall confirm that the construction bid packages include a plan demonstrating that the off -road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) will achieve a project wide fleet- average 20 percent NO reduction and 45 percent diesel particulate matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low- emission diesel products, altemative fuels, engine retrofit technology, after - treatment products, add -on devices such as particulate filters, and /or other options as such become available. These limitations shall be stipulated in construction bids, plans, and specifications, and shall be enforced by the Town Engineer. li 1. UTILITIES AND SERVICE SYSTEMS MITIGATION MEASURE USS -1: Preserve or relocate existing eight -inch line sanitary sewer line. During Architecture and Site Review, detailed utility plans shall indicate either preservation or relocation of the existing eight- 52 inch sanitary sewer transmission line to accommodate service for off -site flows north through the site and establish a new sewer easement for this line. In addition, a letter from West Valley Sanitation District stating approval of the project, shall be provided to the Town by the applicant. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 132. Review of this development proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 133. Specific comments regarding construction requirements will be provided upon submission of specific structural plans and specifications. 134. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slop of 15 %. For installation guides refer to Fire Department Standard Details and Specifications sheet A -1. CFC Sec. 503 135. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000 53 pounds. (NOTE: this requirement addresses proposed high -rise structures). CFC Sec. 503 136. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed alone roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28 -35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft width. CFC Sec. 503 137. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads maybe approved on a case by case basis. CFC Sec. 501 138. FIRE SPRINKLERS REQUIRED. Approved automatic sprinklers are required in all new and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. Exception: One -time additions to existing buildings made after 01/01/2008 that do not exceed 500 gross square feet. (NOTE: new editions of applicable codes may require fire sprinklers in all new structures, regardless of size.) CFC Sec. 903.2, as adopted and amended by LGTC. 139. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to be detennined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 54 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. (NOTE: hydrant spacing and minimum required flow may change based upon subsequent editions of plans submitted to this office). CFC Sec. 508.3, per Appendix B and C. 140. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 55 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 1, 2011, 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 August 15, 2011 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 56 / I G / 90-160 ALERIGHT WAYAND 14600 WINCHESTER BOULEVARD' Forwarded by Planning Commission Approved by Town Council Date: Clerk Administrator Mayor Date: May 31, 2011 Ord: Exhibit A Of Attachment 1 THIS PAGE INTENTIO: \'ALL P LEFT BLANK EXHIBIT C FEESCHEDULE Effective July 1, 2011 Development Agreement Albright Way LG Business Park Exhibit C Page 1 of 1 Proposed Comprehensive Schedule, TOWN OF LOS GATOS FEE SCHEDULE The following Fee Schedule is effective July 1, 2011 through June 30, 2012, unless updated by the Town Council. The Fee Schedle will be adjusted' annually by the average Consumer Price Index (Bureau of Labor Statistics, U. % S; Department of Labor for the San Francisco /Oakland /San Jose Metropolitan Statistical Area) for the calendar year and /or by the percentage increase in actual operating costs for the current year — whichever is- greater. ;This Fee Schedule also provides for minimum annual adjustments for those fees that are directly related to personnel costs. Other adjustments may be,made to rramtain consistency with,tlie surrounding municipalities within the Town of Los Gatos region but in no case are fees charged in excess of "service delivery costs. ii TAME OF CONTENTS Page No. Administrative Fees .............. ............................... Attorney Fees ......................... ............................... Development Services .............................. ..............................1 ............................................. ..............................2 General Development Fees ........................................................................ ..............................3 BuildingDivision Fees .............................................................................. ..............................4 BuildingPermit Fees ............................................................................. ..............................4 ElectricalPermit Fees ........................................................................... ..............................8 Mechanical Permit Fees ........................................................................ ..............................9 PlumbingPermit Fees ........................................................................... .............................10 OtherFees ............................................................................................ .............................10 Planning Division Fees ......................................................................... ............................... 13 ZoningApprovals ................................................................................ .............................12 Subdivisions......................................................................................... .............................15 Miscellaneous Application Fees .......................................................... .............................15 Environmental Assessment Fees .......................................................... .............................16 OtherFees ............................................................................................ .............................16 Engineering Division Fees ....................................................................... .............................19 Library Fees and Fines ........ ............................... Parks and Public Works Parks Division Fees... .................................. Plaza Use Permit ...... ............................... Park Use Permit ....... ............................... Specific Park Use Fee ............................. Oak Meadow Park Special Event Fee..... Use of Bandstand — Oak Meadow Park.. Pageant Grounds-- ........................ - ..... Turf Impact Fee ........ ............................... Tree Related Fees ..... ............................... Equipment Hourly Rates ........................ Street Division Fees .... ............................... Police Fees and Fines..; ........... Parking Permit Fees.......... 24 ill ............................... .............................28 . .............................31 -ADMINISTRATIVE FEES Fee for Use of Town Hall Facilities (Council Chamber) $30.00 for one hour, Cleaning and Utility Fee plus $20.00 for each additional hour Copy of Town Code $435.00 Public Service Counter Research $30.00 per hour Copying and Printing Charges (plus actual mailing costs, if applicable) 8 1 /2" x 11 $.25 per page 11 x 17 $35 per page Annual Subscription for Quarterly Town Code Supplements $100.00 Copy of Zoning Ordinance $ 45.00 Annual Subscription for Quarterly Zoning Ordinance Supplements $ 25.00 Certification of Town Records and Birth/Death Certificates (prior to 1935) $ 3.00 Annual Financial Report $ 30.00 Annual Budget $ 50.00 Capital Improvement Plan $ 30.00 Council Minutes and Agendas (annual mailing list) $ 65.00 Compact Disk or Tape of Council and Planning Commission Meetings $ 10.00 each Initial Returned Check Fee $ 25.00 Subsequent Return Check Fees $ 35.00 (CA Civil Code Section 1719(a) (1)) Election Filing Fee $ 25.00 Ordinances and Resolutions $ 4.00 Credit Card Processing Fee 1.62 % 1 ATTORNEY FEES Conditions, Covenants & Restrictions (CC &R) Review & Approval $250.00 Base Fee (1.5 hr maximum) Additional time $154 per hr. Simple Covenant/Deed Restriction Subdivision Improvement Agreements 1. Standard Agreement (No changes) 2. SpecialfAltered Multi -party $154.00 No charge $154.00 per hr. Encroachment Agreements Miscellaneous (Legal Agreements, Real Property, etc.) Minimum Deposit is $250.00 $154.00 per hr. $154.00 per hr. plus minimum deposit DEVELOPMENT SERVICES 4 General Development Fees A. Photo Copying Charge — plus actual mailing costs, as applicable Maps, plans, etc. (larger than 11" x 17 ") Actual Cost- sent to San Jose Blueprint B'. Printing Charge — plus actual mailing costs, as applicable Maps, plans, etc. (larger than 11" x 17 ") $5.00 per page C. Data Duplication Services and Fees For partial or full copies of each digital standard Town data file on one -time request basis: 8 "x11" copy, standard printer $.25 per page or $25.00 per digital file Larger format, using plotter- $75.00 per-digital file Electronic copy on CD $100.00 per digital file D. Document Storage Fee - Laserfiche Actual cost E. Duplicate Plans Set $118.00 /hr ('/2 hr min) F. Research Records Charge for Staff research $118.00 /hr beyond 30 minutes (Actual time Spent) G. Address Processing fee— per address $232.00 H. Computer Surcharge on Building/Plumbing/Mechanical/ Ele,ctrical/Grading/Encroachment /Planning Permits/ Applications and any other Permits /Applications except Park Permit/Applications 4% of Permit with $1 minimum I. Engineering Development Review Service Fee a. Building Permit and Building Plan Check 7.25% of permit or plan check b. Development Fees 15% of application fee These Fees are applied to permits or plan checks that require engineering services J. Seismic Hazards Mapping Program Fees — (SMIP) For residential construction of three stories and less (Category 1), the permit fee is $10.00 per $100,000. For all other construction (Category 2), the permit fee is $21.00 per $100,000. This fee is required by the State of California to identify and map zones of particular seismic hazards. Five percent of the fee is retained by the Town to be used solely for earthquake preparedness. K. Capital Improvement Tax (Construction) —Based on $0.18 for each square foot of building addition or alteration, which increases floor area of an existing building. L. Underground Utility Tax (Utilities) —Based on $0.18 for each square foot of building addition or alteration, which increases floor area of an existing building. "'I a General eyetal➢rtient Fees - cont' d M. Park Fund Tax (Parks) -Based on $0.04 for each square foot of building addition or alteration, which increases floor area of an existing building. N. Reports. Agendas. and Minutes 1. Development Review Cornrnittee Agendas $37.00 2. Planning Commission Agendas $25.00 3. Planning Commission Minutes Actual cost 4. Plan Cow a. Microfiche or other reprints sent to an outside firm $31.00 plus costs b. Blueprint reproduction in house $3.00 per page 5. Copy of Subdivision Ordinance $26.00 6. General Plan (including maps) $26.00 7. Hillside Specific Plan $6.50 8. Hillside Standards and Design Guidelines $10.00 9. Commcrcial Design Guidelines Actual cost 10. Subdivision Ordinance $26.00 11. General Plan/Zoning Maps (24" x 36 ") a. Black & White $9.00 b. Color $42.00 12. Blossom Hill Open Space Study $14.00 13. Commercial Specific Plan Report $12.00 14. Residential Design Guidelines Actual cost 15. Housing Element Technical Appendix Actual cost O. Request for Service Not Covered by Any Other Fee Actual cost P. Pre- application Conference Fee Actual cost (Fee applied when staff tine is expected to exceed 1 /2 hour) Q. Landscape Final Occupancy Clearance (New Construction or Remodel) 1. Landscape inspection requests $106.00 per inspection 2. Park Staff Time Spent for Major Development Applications $543.00* Basis: Development Review Comm tree Meetings 1.5 hrs (estimate) Site Visits 4.0 hrs ( estinate) Review Plans 4.0 lus (estimate) *Note: Time spent over and above the initial application fee will be billed at the current employee billing rate plus equipment hourly rate. R. Applications for Work Unlawfully Completed Double current application fee 4 DEVELOPMENT SERVICES General Development Pees — cont'd S. Annexation Fees 1. 1 lot 2. 2 lots 13 lots 4.4 lots 5. 5 lots or more Annexation Advertising Deposit (any remaining deposit will be refunded to the applicant and amounts exceeding the deposit amount will be paid by applicant) $2,725.00* $1,363.00* $ 908.00* $ 682.00* $ 454.00* $1,000`' $2,200 (varies as to size of map) 5 Building Division 1. Building Permit Fees A. Permit Issuance Pee for issuing a Building Permit $65.00 Additional Building Permit fee $32.00 B. Demolition Permit $220.00 C. Building Permit Fees for New Construction and Additi The fee for each building permit shall be based upon the 1997 Uniform Building Code as amended by the 2001 California Building Code Total Valuation Pee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00 or fraction thereof, to and including $2,000.00 2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100.001.00 to S500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and over $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thereof C DEVELOPMENT SERVICES Building Division - cont'd Building Permit Fees - cont'd D. Building Valuation Fee A building valuation multiplier of 2.32 shall be used in conjunction with the Building Valuation Data provided in the publication, Building Standards, published by the International Conference of Building Officials for November- December, 2002, except for Hillside Homes and Commercial Office Tenant Improvements. Their multipliers will be 3.246 and 1.16, respectively. The building permit fees will be increased by the February Annual Building Cost Index. E. Building Permit Fees for Remodels, Alterations, and Repairs The Building Official shall establish the valuation of said improvements, and fees will be assessed as per Schedule 2.0 above. F. Special Services & Inspections 1. Inspection outside normal business hours (4 by min) $152.00 /hr 2. Re- inspection fees $132.00 /hr 3. Inspections for which no fee is specifically indicated $132.00/hr (2 /hr min) 4. Additional plan review required by changes, additions $233.00/hr or revisions to plans (1 hour min) 5. For use of outside consultants for plan checking Actual costs and /or inspections 6. Services for which no fee is specifically indicated (I/2 hr min) $118.00 /hr 7. Permit/Plan check time extension (per permit) $66.00 (applies to permits that have not expired) 8. Express plan review or initial revievi'(1 lu. minimum) $137.00/hr 9. Application for the Appeals Building Board Review $233.00 G. Plan Review Fee A plan review fee shall be charged at the time of filing application. This fee is separate from and shall be in addition to building permit fee. This fee is calculated at sixty -five percent (65 %) of the building permit fee as per Schedule 2.0 above. H. Other Miscellaneous Factors to Deterrmne Construct 1. Convert garage: to habitable space 2. Convert unfinished basement or attic to habitable 3. Pools /Spas (gumte) 4. Siding - aluminum/vinyl /wood 5. Antennas &= Towers 6. Commercial Awning or Canopy: Aluminum Canvas $99.00 / sq.ft $108.00 / sq.ft $64.00 /sq.ft $8.00 /sq.ft Const. Value As Applied Under 2.0 Above $26.00 / sq.ft $19.00 / sq.ft DEVELOPMENT SERVICES 1BtiLldin f'Iyision - cony '' Building Pernift Fees - cont'd 7. Fence or Freestanding Wall (over 6' high) Wood or metal $43.00/lf Masonry $72.00/lf 8. Decks/Balcony $41.00 / sq.ft 9. Wood Deck $18.00 / sq.ft 10. Re -roofs $3.00 / sq.ft 11. Retaining Walls $91.00 /lf 1. Special Systems Fee 1. Emergency generation, wind power, special HVAC systems, etc. a. Plan Review (1 hr. minimum) $233.00/hr b. Field Inspection (2 hr. minimum) $132.00/hr 2. Photovoltaic - Roof Mounted a. Plan Review (1/2 hr. minimum) $233.00/hr b. Field Inspection (i hr. minimum) $132.00 /hr 3. Photovoltaic - Ground Mounted a. Plan Review (1 lu. minimum) $233.00 /hr b. Field Inspection (2 hr. minimum) $132.001hr 2. Elec trical Perm Fees A. Permit Issuance 1. Fee for issuing an Electrical Permit $65.00 2. Additional Electrical Permit fee $32,00 B. Plan Review & Re- insnection Fees 1. Plan review fee 25% of Electrical Permit Fee 2. Additional plan review $233.00/hr 3. Re- inspection fee $132.00 /hr C. New Residential Construction $.11 sq_.ft (New buildings only, including garagcs) C -1 Commercial Construction $.08 sq.ft D. Sy stem Fee Schedule 1. Private swimming pools $54.00 2. Public swimming pools $97.00 For alterations to existing pool, use Unit Fee Schedule E. below 3. Temporary Power Poles $66.00 4. Temporary distribution system & temporary lighting $32.00 5. Installation of illuminated signs (each) $87.00 9 DEVELOPMENT SERVICES Building Division - cont'd Electri Permit Fees - cont'd E. Unit Fee Schedule 1. Receptacle, switch and lights 2. Residential appliances /new circuits: 3. 4. 5. (cook top; oven, range, disposals, clothes dryers, or other motor operated appliances not exceeding one horsepower) Nonresidential appliances /new circuits: (medical & dental devices, food, beverage, drinking fountains, laundry machines, or other similar equipment) Note: for other types of air conditioners and other motor - driven appliances having larger electrical ratings, see Generators/Motors Photovoltaic system (residential) 6. Power apparatus (generators, transformers, A/C, heat pumps, baking equipment): Up to 10 KV, each $16.00 Over 1:0 KV not over 50 KV, each $26.00 Over 50 KV and not over 100 KV, each $54.00 Over 100 KV, each . $71.00 $2.00 $6.00 11 $91.00 Solar systems (including controls) $91.00 7. Motors: Up to 10 hp Up to 25 hp Up to 55 hp Over 55 hp 8. Transformers: Up to 5 KVA Up to 10 KVA Up to 50 KVA Over 50 KVA 200 amps or less 201 to 999 amps Sub - panels 11. Installation of spas or saunas 9. Busways /conduits (per 100 ft) 10. Service equipment: $16.00 $26.00 $54.00 $79.00 $16.00 $26.00 $46.00 $65.00 $8.00 $66.00 $92.00 $32.00 $32.00 F. Other Electrical.Fees 1. Duplicate job card $32.00 2. Permit extension (applies to permits that have not expired) $66.00 e^ DEVELOPMENT SERVICES Iui tding Division - cont'd 3. Mechanical Permit Fees A. Permit Issuance 1. Fee for issuing a Mechanical Permit $65.00 2. Additional Mechanical Permit fee $32.00 B. Plan Review & Re- inspection Fees 1. Plan review fee 25% of Mechanical Permit Fee 2. Additional plan review $233.00/hr 3. Re- inspection fee $132.00/hr C. New Buildings only, including Garages $.1I /sq.ft D. Unit Fee Schedule I. Installation, of each heating system, AJC, boiler, compressor or air handler $32.00 2. Each duct repair or alteration $11.00 3. Each fireplace appliance $26.00 4. Each ventilating fan $11.00 5. Installation of separate flue or vents not included with the installation of an appliance $11.00 6. Installation of each hood with mechanical exhaust: Residential $26.00 Commercial $97.00 7. Each new or repair of gas piping system $59.00 8. Each additional gas outlet $19.00 9. Installation of evaporative cooler $26.00 E. Other Mechanical Fees 1. Duplicate job card $32.00 2. Permit extension (applies to permits that have not expired) $66.00 4. P lumbing Permi Fees A. Permit Issuance 1. Fee for issuing a Plumbing Permit $65.00 2. Additional Plumbing Permit fee $32.00 B. Plan Review & Re- inspection Fees 1. Plan review fee 25% of Plumbing Permit Fee 2. Additional plan review $233.00/hr 3. Re- inspection fee $132.00/hr 10 DEVELOPMENT SERVICES BRIdin Division - cont'd Plumbing Permit Fees - cont'd C. New Residential Construction $.11 sq. ft New buildings only, including garages D. Svstem Fee Schedule 1. Private swimming pools $79.00 2. (including heater, water piping, gas piping) $11.00 2. Public swimming pools $118.00 4. (including heater, water piping, gas piping) $11.00 3. Lawn sprinkler system on one meter $32.00 4. Each new or repair of gas piping system $30.00 5. Each drainage, sewer system $32.00 6. Radiant floor heating system $97.00 E. Unit Fee Schedule 1. Each plumbing fixture or trap or set of F. Other Plumbing Fees 1. Duplicatejob card $32.00 2. Permit extension (applies to permits that have not expired) $66.00 S. Other Fees A. State of California Title 24 Part 2 Energy and Access Code and Regulation Plan Review and Inspection Fees A surcharge shall be added to the building permit fee for the cost to plan review and inspect for compliance with State of California Title 24 Regulations. This fee is calculated at fifteen percent (15 %) of the building permit fee. This fee is applied whenever_ a plan review is assessed. � ,=f 11 fixtures on one trap $11.00 2. Each sewer cleanout, backflow device $11.00 3. Each septic - system abatement $97.00 4. Rainwater systems - per drain (inside building) $11.00 5. Each water heater, water softener $26.00 6. Each grease interceptor (750 gallon capacity) $66.00 7. Each grease trap (1 -4 fixtures) $38.00 8. Residential water re- piping $97.00 9. Each ejector /sump pump $32.00 10. Each vacuum breaker /hose bib $11.00 11. Each water piping system repair or replacement $19.00 12. Each additional gas outlet $19.00 F. Other Plumbing Fees 1. Duplicatejob card $32.00 2. Permit extension (applies to permits that have not expired) $66.00 S. Other Fees A. State of California Title 24 Part 2 Energy and Access Code and Regulation Plan Review and Inspection Fees A surcharge shall be added to the building permit fee for the cost to plan review and inspect for compliance with State of California Title 24 Regulations. This fee is calculated at fifteen percent (15 %) of the building permit fee. This fee is applied whenever_ a plan review is assessed. � ,=f 11 DEVELOPMENT SERVICES i3uitdin F?t c©nt'd Other Pees — cont'd B. Duplicate. Inspection Card $32.00 C. NPDES Inspection Fee $59,00 (Charged on all building permits with the potential to generate non -point source storm water runoff during construction) D. State of Califomia Mandated Building Standards Fee — SB 1473 A surcharge shall be added to all building permits at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, with appropriate fractions thereof, but not less than one dollar ($1). These funds will be available to the California Building Standards Commission, the Department of Housing and Community Development, and the Office of the State Fire Marshall for expenditure in carrying out the provisions of the State Building Standards Law and provisions of State Housing Law that relate to building standards. Up to ten percent (10 1 1b) shall be retained for related administrative costs and for code enforcement education. 12 DEVELOPMENT SERVICES Planning Divis The fees listed below constitute all fees imposed by the Planning Division. Certain types of applications must be reviewed / processed by other departments /agencies, which may impose separate fees. Applicants are advised that the fees for those services are not included in the Planning Department's fees. Where the term "actual cost" is used here, it shall mean: materials, supplies (including any costs of noticing or publication), outside consultants, employee cost will be, billed at the top step, plus benefits, plus overhead. The following fee schedule is established for applications filed pursuant to the Town Code, The fees are collected by the Community Development Department at the time the application is filed unless otherwise noted. Fees for Additional Processing In the event additional processing services by the Town are required due to changes, modifications, additions, errors, omissions -, or discrepancies caused by the applicant or his /her agents or representatives, the applicant shall pay an additional fee as determined by the Director of Community Development to cover the actual cost. Fees for Lack of Protrress If additional information is required by the Town for an application and the requested information is not submitted within 180 days, the applicant will be required to pay a fee of 10 percent of the current application fee at the time the requested information is submitted. Any re- submittal after one year will be processed as a new application, subject to new fees. Fees for Major Projects If it is anticipated that the application processing costs of selected major projects will significantly exceed the following fees, the Director of Community Development may collect a deposit and charge actual time spent to process the applications based upon current hourly rates. Surcharges: All of the following applications are subject to the surcharge fees asset forth in General Development Services and in Section 5.H of Planning Division. 1. Zonin�als A. ' Architecture and Site Applications M (1) Development Review Committee (DRC) Approval a. New single family detached (HR & RC zone) $6,043.00 b. New non - custom single family detached (HR & RC zones) per unit, as part of a Planned Development $4,198.00 C. New single family or two family units $4,165.00 d. New single family or two family (any other zone) per unit, as part of a Planned Development $2,976.00 e. Minor projects (a development proposal that does not significantly change the size, mass, appearance or neighborhood impact of a.structure, property or parking lot) $1,509.00 13 DEVELOPMENT SERVICES Playutung LDW�'zsFon m cortt'd Lcn ir.g Approvals — cont'd (2) Planning Commission Approval a. DRC applications as determined in Section I.A.(1) or minor residential development applications that require Planning Commission approval (this fee supplements the fee established in Section I.A. (1) and Section 1.F) $2,186.00 b. New two family unit $3,967.00 C. New nonresidential $6,168.00 d. New multiple family $5,610.00 C. Demolition request with a Planned Development $1,509.00 application f. All other (i.e.: exceed FAR, major grading, etc.) $3,696.00 * Aside from the fees noted above, no additional Architecture and Site application fees will be assessed for projects that involve an historic structure or site. B. Conditional Use Permits 1. Conditional Use Permit $4,276.00 2. Conditional Use Permit (when consolidated with another application for new development) $710.00 3. Conditional Use Permit for restaurants Minor Restaurant (DRC Approval) $2,602.00 Major Restaurant (PC Approval) $4,276.00 4. Applications that require Town Council Approval $2,186.00 (these fees supplement the above established fees) a. Transcription fee of Planning Commission Actual cost minutes Minimum $500.00 deposit C. Variance $3,144.00 D. Rez oning (other than Planned Development) 1. Without General Plan or Specific Plan Amendment. $4,590.00 2. With General Plan or Specific Plan Amendment $7,02 7.00 3. Transcription fee of Planning Commission Actual cost minutes Minimum $500.00 deposit 14 DEVELOPMENT SERVICES 4' E Planning Division — cont' d Zoning Approvals — cont'd F. Planned Development 1. Without General Plan or Specific Plan Amendment $21,306.00 2. Without General Plan or Specific Plan Amendment (HR or RC Underlying Zone)- $28,046.00 3. With General Plan or Specific Plan Amendment _ $25,207.00 4. With General Plan or Specific Plan Amendment (HR or RC Underlying Zone) $31,940.00 S. Town Council Modification to a Planned Development 75% of current fee 6. DRC Modification to a Planned Development $7,673.00 7. Publication costs for the planned development ordinance shall be paid by the applicant. " - 8. Transcription fee of Planning Commission Actual cost minutes Minimum $500.00 deposit R Minor Residential Development (See Section 1.A. (2) a) $1,509.00 G. Agricultural Preserve Withdrawal $2,853.00 H. Plannina Division Certificates of Use and Occupanc 1. Change of use $232.00 2. Change of occupancy (excluding change of proprietor of a continuing business enterprise) $113.00 3. Use /occupancy clearance if Conditional Use Permit is required or occupancy of a new secondary dwelling unit No fee Hazardous Materials Storage Facility Application $1,256.00 Home Occupation Permit $143.00 K. Sien Application 1. New permanent sign $313.00 2. Temporary nonresidential sign $66.00 3. Change of face only $129.00 4. , Sign program $1,489.00 L. Secondary Dwelling Units 1. New unit $1,114.00 2. One or two existing units $958.00 15 2. S ubdivision s A. Lot Line Adjustment (DRC Approval) $1,432.00 B. 4 Lots or Less (DRC Approval) $5,984.00 C. 5 Lots or More $9,490.00 D. Vesting Tentative Map (VTM) Fee to be based on the number of lots under 2B or 2C E. Lot Merger and Reversion to Acreage (DRC Approval) $709.00 F. Condominium $5,011.00 G. Certificate of Compliance (DRC Approval) $2,871.00 H. VTM applications that require Town Council approval $2,186.00 and DRC applications that require Planning Commission approval. This fee supplements the above - established fees. 3. MiscellE;neous A pplication Fees A. Time Extensions to Approved Application 50% of current fee B. Modification to Approved Application 75% of current fee C. Conceptual Development Advisory Committee Review $1,697.00 D. Push Cart Permit $331.00 16 DEVELOPMENT SE WICE Plannin I3> aon - cont' d Zoning Awur'ovals — cont'd M. Mobile Home Park Conversion Permit Actual cost ($5,000.00 deposit) N. Town Code Amendments Actual cost ($2,000.00 deposit) O. Administrative Land Use Permit 1. Minor telecommunications facility $126.00 (i.e. mierocell, 8021 lb or equivalent) 2. Major telecommunications facility $1,516.00 which do not require a Conditional Use Permit 2. S ubdivision s A. Lot Line Adjustment (DRC Approval) $1,432.00 B. 4 Lots or Less (DRC Approval) $5,984.00 C. 5 Lots or More $9,490.00 D. Vesting Tentative Map (VTM) Fee to be based on the number of lots under 2B or 2C E. Lot Merger and Reversion to Acreage (DRC Approval) $709.00 F. Condominium $5,011.00 G. Certificate of Compliance (DRC Approval) $2,871.00 H. VTM applications that require Town Council approval $2,186.00 and DRC applications that require Planning Commission approval. This fee supplements the above - established fees. 3. MiscellE;neous A pplication Fees A. Time Extensions to Approved Application 50% of current fee B. Modification to Approved Application 75% of current fee C. Conceptual Development Advisory Committee Review $1,697.00 D. Push Cart Permit $331.00 16 DEVELOP Planning Division - cont'd Miscellaneous Application Fees — cont'd E. Auto Dealer Events 1. Small promotional events $63.00 2. Large promotional events $311.00 4. Environmental Assessment Fees A. Categorical Exemption No fee B. Initial Study Deposit $5,000.00* C. Negative Declaration $1,874.00 D. Environmental Impact Report Consultants fee E. Draft EIR Review Fee $10,374.00 Plus 10% of EIR cost F. Impact Monitoring Program (AB3180) Actual cost (hourly basis plus cost of consultant, if necessary) * The $5,000 fee is a deposit only. The specific cost of the Initial Study and any required special studies shall be borne by the applicant. The deposit shall be increased before the Town will authorize work exceeding the amount on deposit. Any deposit balance will be refunded. 5. Other A. Fence Height Exceptions $186.00 B. Peer /Technical Review — (any remaining deposit will be Actual cost refunded to the applicant and amounts exceeding the ($1,500.00 deposit deposit amount will be paid by applicant) plus 10% of actual cost for administrative charge) C. Fees For Additional Tech Review and /or DRC Review DRC beyond three meetings, Planning Commission hearing beyond two meetings, Town Council hearing beyond one meeting Actual cost D. Surcharges 1. General Plan update surcharge .5% of building valuation for new construction and additions/ 10 of zone change and subdivision fee t_ 17 DEVELOPMENT SERVICES Planning Division -- cont'd Surcharges — cont' d 2. Route 85 Study Plan surcharge 10% of application fee for applications in Route 85 Study Plan Area * ** 3. Advanced Planning projects 10% of application fee 4. North 40 Study Plan surcharge Actual cost on proportionate basis * ** Not charged to the following applications: 1H, 1J, 1K, 3C, 3D and 3E E. Consultation Actual cost on an hourly basis F. Appeals 1. Fee to appeal Planning Commission decision to Town Council $325.00 per residential $1,305.00 per commercial, multi- family or tentative map 2. Fee to remand applications from Town Council to Planning Commission where no error was made by Planning Commission 50% of original application fee(s) 3. Fee to appeal Director of Community Development or Development Review Committee decision to Planning Commission $163.00 per residential $653.00 per commercial 4. Tree appeals $66.00 5. Appeal transcription fee of Planning Commission Actual cost minutes Minimum $500.00 deposit (only applies to appeals from Planning Commission to Town Council) G. Research Services Minimum Charge Actual Cost Minimum $100.00 deposit H. Zoning Research 1. Basic zoning letter $186.00 2. Legal non - conforming verification $437.00 3. Reconstruction of legal non - conforming structures (Burndown Letter) $186.00 L Building Permit Plan Check Fee 20% of building fee J. Newsrack Permit Fee $293.00 18 DEVELOPMENT SERVICES t Planning Division - cont'd 6. Payment of Application Pees All application fees are to be paid at the time the applications are submitted to the Community Development Department. If the applicant withdraws an application, which requires a hearing by the Planning Commission, prior to processing the application for the hearing, 40% of the paid application fee shall be refunded to the applicant at the discretion of the Director of Community Development. All other fees are non - refundable: , C 19 DEVELOPM SE Endneerinb Division The following fees constitute a comprehensive listing of the various fees charged by the Engineering Program. Certain types of application/permits must be reviewed and/or processed by other Town departments or public agencies, which may charge separate fees. Applicants are advised that the fees for those services are not included in the Engineering Program's fees. Where the term "actual cost (s)" is used here it shall mean: materials, supplies (including any costs of noticing or publication), outside consultants and employee cost, (including salary, benefits and overhead). A. Engineering Plan Check Fees (Public Improvements & Gradina Permits 1. Application fee $ 274.00 2. First $50,000.00 of value 10% of estimated cost of improvements 3. Next $50,000.00 of value 8% of estimated cost of improvements B. Additional Engineering Plan Check Fees 1. Each additional plan check beyond three reviews Actual cost C. Inspection Fee (Public lrnprovements & Grading Permits 1. First $50,000.00 of value 8% of estimated cost of improvements 2. Next $50,000.00 of value 4% of estimated cost of improvements 3. Outside Inspector or re- inspection Actual cost plus 10% D. Work In or Use of Public Right -of -Wa 1. Construction Encroachment Permit Base Fee $238.00 a. Work over $4 6% of estimated cost of improvements b. Work done at night or week -ends Actual cost of staff time C. Outside Contractor underground utility locating surcharge $ 75.00 (actual cost for outside contractor inspection fee may change) 2. Dumpster Permit $101.00 3. Storage Permit $101.00* 1 =$500.00 refundable Storage Unit Removal Deposit, to cover cost of removal, if abandoned. 20 DEVELOPMENT SERVICES Engineering Division - cont'd E. NPDES 1. Inspection Fee (Charged on all Encroachment & Grading Permits and some Storage Permits) a. No change in impervious area $ 59.00 b. Change in grading or impervious area $ 0.10 sq ft with a $50.00 minimum c. All other required inspections Actual cost" 2. C -3 Permit Hydrolovie Calculation F. Engineering Subdivision Map Checking 1. 1 - 4 lots 2. 5 or more lots G. Engineering Reversion to Acreage 1. Map Check H. Engineering Lot Merger 1. Certificate 2. Map checking I.. Engineering Lot Line Adjustments 1, Certificate 2. Map checking Certificate of Compliance * 1. Certificate review and preparation 2. Map checking Consultant Cost plus 10% Admin Fee . Consultant Cost plus 25% Admin Fee Consultant Cost plus.25 %a Admin Fee Consultant Cost plus 25% Admin Fee $770.00 Consultant Cost plus 25% Admin Fee $770.00 Consultant Cost plus 25% Admin Fee $821.00 Consultant Cost plus 25% Admin Fee K. Abandon Excess Public Right- of -Wav & Public Easement 1. Application fee $922.00 2. Processing fee $2,735.00 * The 25% Administrative fee is for preparation of reports, reviews, and processes. 21 DEVELOPMENT SERVICES Enaineerina Division - co - at'd L. Traffic Impact Analysis or Parking Studv 1. Development review (Staff traffic impact analysis or Parking Study) a. Consultant Report fee b. Staff Review fee 2. Site Distance Analysis Actual cost for staff time when analysis exceeds two hours. M. Geotechnical Peer Review Fees M Storm Drainage Fees 1, Development Projects a. Single family lots Section 24.60.035(b) (3): For subdivision whose lots exceed $3,600.00 /ac. one acre, the fee shall not exceed that of one acre per lot b. Multiple fatnily dwelling units — initial unit $3,600.00 /ac. Each unit after initial $135.00 (not to exceed $4,500.00 /ac.) C. Commercial, industrial, hospitals, churches, schools, and others $4,500.00/ac. 2. Building /Grading Permits (Building, Structures & impervious areas) a. New Impervious surface area, per sq. ft. $1.00 /sq. ft. O. Street hriprovement hi -Lieu Fee 1. Sidewalks $16.00 per square foot 2. Curb and Gutter $57.00 per linear foot P. Trail Improvements In -Lieu Fee $16.00 /per sq ft, or determined by Director Q. Hauling Permits 1. House Moving Fee a. Per House, plus $ 567.00 b. Deposit for Facilities Damage $2,077.00 2. Hauling (Overweight Vehicle) Permit $ 18.00;_ 'The current State mandated fee is $18.00 for Hauling Permits. If the State fee changes, the Hauling Permits fee will change to reflect the same. Actual cost Consultant fee $550.00 plus 10% of the traffic consultant report cost $152.00 per review not to exceed two (2) hours. Consultant Cost plus 25% Admin Fee 22 DEVELOPMENT SERVICES Engineering Division - cont'd R. Construction Activities Mitigation Fee (Ordinance 2189) 1. New Buildings and Additions: a. Residential (per square foot added) $1.00 /sq. ft b. Non- residential (per square foot added) $1.00 /sq.ft 23 A. Fees 1. Inter - Library Loan $5.00 2. Proctor fee $25.00 B. Lost ar l3amaged hems 1. Replacement of Adult book/AV item Cost of item plus $10.00 processing fee 2. Replacement of Teen/Children's book/AV item Cost of item plus $5.00 processing fee 3. Replacement of Adult paperback Cost of item phis $5.00 processing fee 4. Replacement of magazine Cost of item plus $5.00 processing fee 5. Patron procures replacement copy Half of normal processing fee for item type C. Internet printing, initial ten free, thereafter each page D. Historl Project Digital Image Fe Fair Use Fees (for personal use only) 1. 8 by 10 single weight glossy 2. Digital image scanned to CD/ROM Commercial Use Fees 1. Educational Media 2. Brochures and flyers 3. Trade publications, including electronic MagazineAVebsites .4. Commercial Media 5.'Commercial decor 6. Advertising and product design. $0.10 $20.00 $25.00 $25.00 $50.00 $75.00 $125.00 $125.00 $125.00 Anyone using the photographs for cormercial purposes must pay one -time commercial fees in addition to the cost of the photographic reproduction for each image. LIBRARY FINES A. Overdue Fines 1. Adult Library materials 2. Children's /Teen materials 3. Periodicals $.50 /day $10.00 max/per item $5.00 per item after six weeks overdue standard fine to cost of item Senior citizens may request an exemption from fines. 24 PARKS AND PUBLIC WOKS Parks Division PIaza Use Permit a A permit fee of $55 an hour for events that close the Plaza entirely to the public. This fee will be charged for the number of hours the Plaza cannot be used safely by the public due to the event. Additional fees or deposits may be charged for lawn repair, street closures, and /or additional maintenance, as determined by the Parks and Public. Works Director. Park.Use Permit . Park uses.not covered By picnic use fees Specific Park Use Fee Resident $95.00 and $100.00 refundable clean -up deposit Non - Resident $125.00 and $100.00 refundable clean -up deposit Group B.B.Q. Area Fee Organized Recreational Activity Use: Multiple date use for ongoing $95.00 plus $25.00 recreational /educational purposes each additional date Resident Use of Bandstand /Gazebo (Oak Meadow)* Non - Profit: $65.00 per hour and $500.00 refundable clean -up deposit $95.00 per site and $100.00 refundable clean -up deposit Non - Profit $125.00 per site and $100.00 refundable clean -up deposit For Profit/Private Parties $125.00 plus $40.00 each additional date Non - Resident $120.00 per hour and $500.00 refundable clean -up deposit O Minimum 2 hour reservation required Private Parties: $90.00 per hour and $500.00 refundable clean -up deposit $160.00 per hour and $500.00 refundable clean -up deposit Pageant Grounds: Non - Profit: $65.00 per hour and $500.00 refundable clean -up deposit $120.00 per hour and $500.00 refundable clean -up deposit 25 PARKS AND PUBLIC WORKS Parks DiAsion — cont'd Pageant Grounds: Private Parties: Resident $90.00 per hour and $500.00 refundable clean-up deposit Non- Resident $160.00 per hour and $500.00 refundable clean -up deposit Vehicle Escort Fee Parking Fee $75.00 No Charge $100.00 $6.00 per vehicle year -round Turf M act 1<ee Additional fee added to any Park Use or Special Event Permit, when a permit's scheduled activity or event will negatively impact the park turf, (locations including but not limited to Oak Meadow, Plaza, and Civic Center lawn areas). Amount of fee to be based upon best estimate of turf repair cost, as determined by the Director of Parks and Public Works Tree Related Fees A. Tree Removal Permit Application to remove one tree $ 130.00 Additional tree removal fee $ 65.00 /each If application is denied 50% refund B. Illegal Tree Removal Administrative Fee $240.00 C. Replacement Trees - Town Forestry Fund Tree cost for each 24 ",36 ", and /or 45" boa Per Tree Ordinance Section 29.10.0995 size will be the Market Price plus the Installation Cost, determined by the Director 26 P ARKS AND PUBLIC WO RKS t Parks DiAsion - cont'd Equipment Hourly Rate as Follows: Description Cost/hour Pick -up Truck - - $29.00 1 ton Flatbed Tr_ u_ck $39.00 Utility Truck $52.00 Dump Truck (10_Wheel) 78.00 Dump Truck (Bobtail) 57.00 Paint Truck 78.00 Line Remover , 23.00 Large Mower 57.00 Skidster Loader 57.00 Tractor - loader 57.00 Backhoe 78.00 Rubber -tired Loader 78.00 Roller 57.00 Van 34.00 Paving Box 57.00 Rodder 57.00 High Pressure Sewer Cleaner 107.00 Brush Chipper 39.00 Chipper Truck 57.00 Aerial Unit 85.00 Street Sweeper 85.00 Forklift 39.00 Trailer 39.00 Concrete Saw 29.00 Air Compressor 29.00 Airowboard 29.00 Generator 23.00 Chainsaw 18.00 Blower 10.00 Streets Division A. Hazard and /or Debris Removal 1. Staff time spent to.conduct hazard and or debris Actual Cost removal caused by citizen negligence. (based on current billing rate) B. Special Event Fees 1. Staff and equipment for special event requests Actual Cost (based on current billing rate) 27 POLICE FEES Fingerprinting —per each Livescan application $ 31.00 (Plus additional DOJ or FBI fees which are based on the level of service for the application) Fingerprint fees are subject to increase based on DOJ or FBI fees. Report Copies up to 20 pages ($0.25 for each page over 20) $ 21.00 Subpoena Duces Tecum Photographs 1. For the first 3 2. Each additional Concealed Weapons (California Penal Code, Section 12050.2) 1. Initial Permit plus DOJ fingerprinting fee 2. Renewal Permit Solicitor/Peddler's Permit (includes permit fee ($45), DOJ print fee ($32), and LGPD print fee ($27) Bicycle Licenses (each) 'Pow Trucks 1. Driver's Permit (initial) — includes DOJ Fingerprinting Fee 2. Driver's Permit (renewal) 3. Service Permit (initial) 4. Service Permit (renewal) Massage Permit Fees 1. Initial Application for each Therapist 2. Annual Renewal for each Therapist Per California Evidence Code Section 1563 $ 37.00 $ 13.00 $105.00 $105.00 $105.00 $ 3.00 $256.00 $230.00 $256.00 $230.00 $182.00 $ 91.00 Fee covers staff time to process application, review pertinent documents, anange for fingerprints and photographs to betaken and obtain allrrecessaq approvals. Clearance Letters 1. Each letter $ 23.00 28 P ®LICE FEES s Administrative Fee for Special Events 1. For- Profit Groups (each) $608.00 2. Not - For - Profit Groups (each) $152.00 3: All Other Costs as specified in Special Events Or Section 14.100.045 Other Special Police Services Pursuant to Agreement between Police Chief and Requestor Administrative Fee for Motion Picture /Television/ Commercial Still Photo I. For- Profit Groups (each) $1,407.00 2. Not- For - Profit Groups (each) $507.00 Local Booking Fees and Emergency Response Caused by 1. Drinking Drivers At current billing rate 2. Second Response due to Disturbances Horse Drawn Vehicle 1. Application Fee 2. Driver's Permit (annual) 3. Vehicle Permit & Inspection Fee 4. Annual Renewal & Inspection Fee $121.00 $ 63.00 $ 63.00 $ 63.00 Firearm's Storage Fee Firearms Dealer's Permit Vehicle Release Alarm Registration Fee 1.c Commercial False Alarm 1, Second False Alarm 2, Third False Alarm 3, Fourth False Alarm 4. Fifth False Alarm Vehicle Repossession Release Fee (Government Code Section 41612) Non -Los Gatos Cite Sign Off Citation issued for failure to display appropriate Permit or placard. Dismissa fee in lieu of full $106.00 Admin Fee plus $1.00 per firearm per day for storage $244.00 $192.00 $ 35.00 $ 56.00 $122.00 $246.00 $369.00 $ 15.00 $ 25.00 Bail amount: 1. Handicap CVC22507.8/22500(1) $ 32.00 2. Parking Permits $ 10.00 29 POLICE FEES Photographs on CD $ 53.00 Copy of Video Tape $ 53.00 Copy of Audio Tape $ 53.00 Parkh?g Per Fees 1. Residential Parkine Permits Annual residential parking permit/per vehicle $ 38.00 (Limit - 4 per residence) Premium Employee monthly $ 38.00 Visitor guest passes: Two (2) complimentary $336.00 Lost permit replacement with the purchase of the primary permit Damaged permit replacement (with return of permit) $ 18.00 Special Event Permit (one day) -First permit $ 10.00 Each additional (one day) $ 2.00 Replacement permit for vehicle change $ 10.00 (within calendar year) Lost permit replacerent $ 28.00 Damaged permit replacement (with return of permit) $ 10.00 2. Business Parkine Permits Standard Employee monthly $ 28.00 Standard Employee annual $224.00 Premium Employee monthly $ 38.00 Premium Employee annual $336.00 Lost permit replacement $ 33.00 Damaged permit replacement (with return of permit) $ 18.00 3. Constuctio Parkn- Permit One day parking permit. per construction vehicle $ 28.00 Each additional day per vehicle $ 5.00 30 California Vehicle Code Parking Violation Fines L' POLICE FINE $ 42.00 2: 22500(b) VC (On Crosswalk) $ 42.00 3. 22500(e) VC (Blocking Driveway) Town Code Parking Violation Fines 4. 22500(f) VC (On Sidewalk) 1. 15.40.015 (Overtime Parking) $ 42.00 2. 15.40.065 (Vehicle Storage on Street) $ 67.00 3. 15.40.070 (Commercial Vehicles in Residential Zones) $ 67.00 4. 1500.075 (For Sale/Non Emergency Repair) $ 42.00 . 5. 15.40.080 (Preferential Panting) $ 52.00 6. 15.40.080(b) (Permit Required Area) $ 52.00 7. 15.40.080(c) (Fraudulent use of Permit) $107.00 8. 15.40.085 (Posted no Parking Special Events) $ 42.00 9. 15.40.090 (Parking on Parkway) $ `42.00 10. 15.40.095 (Marked Parking Space) $ 42.00 11. 15.40.100 (Parking on Grade) $ 42.00 12. 15.40.105 (Designated Parking VC22507.8) $300.00 13. 15.40.110 (Marked Curb) $ 42.00 California Vehicle Code Parking Violation Fines L' 21113(a) VC (Public Lot Parking in Permit Area) $ 42.00 2: 22500(b) VC (On Crosswalk) $ 42.00 3. 22500(e) VC (Blocking Driveway) $ 42.00 4. 22500(f) VC (On Sidewalk) $ 42.00 5, 22500(h) VC (Double Panting) $ 42.00 6. 22500(i) VC (In Bus Zone) $27100 7. 22500(1),VC (Blocking Curb Access Ramp) $292.00 8. 22500.1 VC (Blocking Fire Lane) $ 50.00 9„ 22502(a) VC (Parallel 18in.Right Curb) $ 42.00 10. 22502(e) VC (One Way within 18in. Left Curb) $ 42.00 11. 22507.8(a) VC (Designated Disabled Parking) $292.00 12.. 22507.8(b) VC(Disabled Space Inaccessible) $292.00 13. 22507.8(c)(1' -2) VC (On Stall or Cross Hatch Lines $29100 14. 22514 VC (Within 15ft of Fire Hydrant) $ 42.00 15. 22521 VC (Within 7ft of Railroad Track) $ 42.00 16. 22522 VC (Within 3ft Sidewalk Access Ramp) $292.00 18. 4000(a) VC (Expired Registration) $276.00 Fine if corrected within 21 days of issue date $ 25.00 19. 5204(a) VC (No Registration Tabs) $190.00 Fine if corrected within 21 days of issue date $ 25.00 20. 5200 VC (Missing License Plate) $190.00 Fine if corrected within 21 days of issue date $ 25.00 31 RESOLUTION 2011- ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION (INCLUDING ERRATA SHEETS) AND MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING THE ENVIRONMENTAL DOCUMENT. (REZONING TO CM:PD) APNS: 424 -31 -053, 054, 063, 424-32 -038, 045, 049, 054, 059, 060, AND 063 PLANNED DEVELOPMENT APPLICATION: PD- 10005 NEGATIVE DECLARATION ND -11 -004 PROPERTY LOCATION: 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD PROPERTY OWNER: LG BUSINESS PARK, LLC APPLICANT: JOHN R. SHENK WHEREAS: A. This matter came before the Town Council for public hearing on June 20, 2011 and was regularly noticed in conformance with State and Town law. B. The Town Council has considered the proposed Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and Reporting Program, along with connnents received during the public review process and the recommendations of Town staff and the Planning Commission. The Council hereby finds, on the basis of the whole record before it (including the Initial Study and comments received), that all potentially significant environmental impacts have been identified and reduced to a less than significant level by mitigations, and that the Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and Reporting Program reflects the Town Council's independent judgment and analysis and the Council hereby approves and adopts the Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and Reporting Program for Planned Development PD- 10 -005. The documents that constitute the record of proceedings upon which this decision is based can be found in the Town Clerk's Office, 110 E. Main Street, in Los Gatos, California. ATTACHi= 15 NOW, THEREFORE', BE IT RESOLVED that the Town Council of the Toren of Los Gatos hereby adopts the Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and Reporting Program and BE IT FURTHER RESOLVED that in adopting the Mitigated Negative Declaration (including Errata Sheets), the Town Council is also adopting a Mitigation Monitoring and Reporting Program which the Council has made a condition of approval of this project to mitigate or avoid significant environmental effects. The Town Clerk is directed to file a Notice of Determination with the Santa Clara County Clerk. F PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 20` day of June 2011, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS. CALIFORNIA N: \DEVIRESOS,AIbri,}htEnv.doex ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND LG BUSINESS PARK, LLG, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Of Los Gatos Town Council declares that, after conducting a duly noticed public hearing on June 20, 2011, to consider adoption of a Development Agreement between the Town of Los Gatos and "LG Business Park, LLC, the Town Council finds that: a. The Planning Commission held a duly noticed public hearing on May 31, 2011, to consider the Development Agreement and recommended that the Town Council approve the Development Agreement. b. The Development Agreement is consistent with the General Plan and the Los Gatos Town Code Chapter 29 Zoning Regulations. c. The staff report dated June 20, 2011, is approved and adopted as part of these findings. ATTAC T 16 SECTION II Pursuant to Government Code section 66864, et seq., the Council adopts that certain document entitled "Development Agreement By and Between the Town of Los Gatos and LG Business park, LLC," subject to the attached Conditions of Approval. A copy of the Development Agreement is on file in the office of the Town Clerk. - SECTION III The Town Manager is hereby authorized to sign the Development Agreement on behalf of the Town of Los Gatos after execution by the Developer. SECTION IV The Town Clerk is directed to record the Development Agreement within ten days after the effective date of the Development Agreement. Not later than five days after adoption, the Town Clerk is directed to prepare and file a Notice of Determination with respect to the action of the Town Council. SECTION V Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and Reporting Program were prepared for the proposed project. The documents that constitute the record of proceedings upon which this decision is based can be found in the Town Clerk's office, 110 E. Main Street, in Los Gatos California. �F` SECTION VI This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the Town of Los Gatos within fifteen days after its adoption and shall take effect and be in force thirty days from and after its adoption. SECTION VII This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on 1 2011, 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 , 2011 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AT TEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS I.OS GATOS. CALIFORNIA N:`:D EV',O RDS \Albri �- 3 Tins PAGE INTENTIONALLY LEFT BLANK ERRATA SHEET INITIAL STUDY 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD LOS GATOS, CALIFORNIA PLANNED DEVELOPMENT APPLICATION PD - 10 -005 MITIGATED NEGATIVE DECLARATION ND -1 I -004 Based on new information released by the Bay Area Air Quality Management District (BAAQMD) and additional information provided by the applicant's consultant, the following text changes have been made to the Initial Study (IS). None of the text changes would result in new significant environmental impacts not previously disclosed in the IS. Changes and clarifications to the Initial Study text, as outlined below, were initiated by staff subsequent to publication of the IS to clarify content, add additional information received after the release of the IS, or to correct the content in the IS. The following changes should be made in the IS dated April 2011 (added text is underlined and deleted text is shown as strilo eutl: Project Description Page 1-16, last paragraph, last sentence "Except for the removal of ?-? trees for the construction of a new entry on Winchester Boulevard, trees on the perimeter of the property would be retained and protected to ensure appropriate screening from residential neighborhoods adjoining the project site (e.g. Charter Oaks neighborhood)." Aesthetics Page 2 -14, first paragraph, last two sentences: "The development proposal of this scale and mass would not conform to the intent of the General Plan's Vision statement and the VL.R Element's stated philosophy to maintain a "small -town character" for the community, and therefore, would have a potentially significant effect on the site's visual character. However, implementation of Mitigation Measure AES -1, which would restrict maximum building heights to be similar to adjoining commercial and residential development in the project vicinity and /or situate proposed structures to minimize visual effects upon adioining residents and the public would reduce this impact to a less - than - significant level." Page 2 -15, k4 tigatiott Nfeasurc AES -1, Item a: "a. Futur e office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and suppo'tth e community's objective of maintaining its small -town character f- r -Xxnn,�� B ou l evai a ,t St ate 9 5 : and /or" Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011, Cornerstone Earth Group, Geoiechnical Consultation, Albright Way Transit Oriented Development, Id inchester Boulevard, Los Gatos, California, May 3, 2011. ATTACUMENT 17 Air Quality Page 2 -31, Mitigation Measure AQ -5: "AQ -5: Operational Risk Reduc Measures. A minimum 261 -foot setback ro,= any—resid Hydrology and Water Quality Page 2-72, last three paragraphs: "The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by dam owners as required by`the State Office of Emergency Services And are intended for planning purposes only. Based on the review of these maps; the project site may be partially in an area deli hated as a dam failure inundation area. si a af�a n a wau ld ;qp .,. he s , A -rii,a du r i gg a final design -l eve4 occurrence: For the purposes of this study, it is assumed that the project site would be affected by inundation from dam failure but the likelihood of a failure is extremely low, and the .i impact potential to a less-th an-si an ifi cant level. ewever, m ifflplam-&�f Tramp o rtation /Traffic Page 2 -115, Mitigation Measure TRA -3: "Winchester Boulevard and Lark Avenue (Signalized Intersection 96) nG.r'�sLVi - a b s mac'. b b left turn I^� sett eti ;n11 °Tam lames.._ la ' ^yza eT., � trttten a€x �d a raleng P I .d N I A ve nue a �h7' bl d D r i ve. A l I._. _th .zr�c �...�. .. � . v. .,.....,,, . .... v .moxc�rn.Trrzs J . "'. Town may Feviow—aftd—a od—study of the E6fH4&v-b.. . riarlE I tizi e •,a 6'+..+,, o . ec .J b A pe h it ec t uoe an d ' c The study, prepared —b3 a lie sin — at�d b D „ b � p �: 8je�t :}° i:}C.�rat -thc -z ....�',. „ t , • i • i ,, f w,4&4 he OTfV��ti ITOI2TC..a :rsC y b Wi mbledon The developer shall interconnect and synchronize the iraffic signals at the Lark/University, Winchester /Lark, Winchester /Wimbledon, and Winchester/New project entry intersections to mitigat and post -iect queues at the Lark Avenue intersection by preventing them from extending into the Wimbledon D rive intersection.' The interconnection and synchronization improvements shall be completed prior to issuance of the first certif icate of occupancy for the development nhase that tri4ge project enty signalization ' These improvements are bas ed on an operational studv of the interconnection and svnchronization oftraffc signals at Lark/Universi v Winchester /Lark, Winchester /Wimbledon, and Winchester/New project entry that was spared Hexagon Transportation Consultants Inc in Rune 2011. The study concluded that interconnection and svnchronization of these signals would fully mitigate project uq euina impacts without the need to lengthen turn pockets " Page 2 -116, Mitigation Measure TRA -4: « n n t+ +, d cam+ n Tc^ •; f Pedestrian and Bicycle Access. ��.�. _ o der to avoid potential pedestriali safety hazards, the project applicant shall install appropriate fencing along the east side of Winchester Boulevard to prevent pedestrians from trying to ci the railroad tracks. FUrther, aAll 7equiied improvements along Winchester Boulevard (including those specified in this ,n+ c—a' a Mitigation Measure TRA -1 - through, TRA -3 shall be designed to accommodate the proposed Class Li bikeway ` designated by the 2020 General Plan for Winchester_ Boulevard between Lark avenue and the northern town limit.. ". N:\DEVV DEL\ PLANNINGbAlbri ghtlEtivironfnntanStiidies and Reports \ErrataA[bri-,ht]SFiiiaLdoc `t ERRATA SHEET MITIGATED NEGATIVE DECLARATION 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD 1,OS GATOS, CALIFORNIA PLANNED DEVELOPMENT APPLICATION Pia -10 -009, MITIGATED NEGATIVE DECLARATION ND - 11 -004 Based on new information released by the Bay Area Air Quality Management District (BAAQMD) and additional information provided. by the applicant's consultant,'' the following text changes have been made to Mitigated Negative Declaration (MND). None of the text changes would result in new significant environmental impacts not previously disclosed in the MND. Changes and clarifications to the MND text, as outlined below, were initiated by staff subsequent to publication of the MND to clarify content, add additional information received after the release of the MND, or to correct the content in the MND. The following changes should be made in the MND dated April 2011 (added text is underlined and deleted text is shown as stril -Poa t): Project Description Page 1 -16, sixth paragraph, last sentence: "Except for the removal of T? trees for the construction of a new entry on Winchester Boulevard, trees on the perimeter of the property would be retained and protected to ensure appropriate screening from residential neighborhoods adjoining the project site (e.g, Charter Oaks neighborhood)." Aesthetics Page 10, fifth paragraph, last two sentences: "The development proposal of this scale and mass would not conform to the intent of the General Plan's Vision statement and the VLR Element's stated philosophy to maintain a "small -town character" for the community, and therefore, would have a potentially significant effect on the site's visual character. However, implementation of Mitigation Measure AES -1, which would restrict maximum building heights to be similar to adjoining commercial and residential development in the project vicinity and /or situate p osed structures to minimize visual effects upon adioinina residents and the u� blic would reduce this impact to a less- than - significant level." Page 11, Mitigation Measure AES -1, Item a; R. Fntur e office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and Bay Area Air Quality Management District, Couno; Surface Street Screening Tables, April 29, 2011. Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development, Winchester Boulevard, Los Gatos, California, May 3, 2011. support the community's objective of maintaininP its small -town character f -Fern )z i a I - a a c - v.. ..,. - v . .. �,-� h —� _ __- -- -- -- - - and /or" F` c Air Quality Page 22, Mitigation Measure AQ -5: "AQ -j: Operational Risk Reduction Measures. A m m inimu 261 -foot setback from the freeway shall be required for proposed residential, uses and is considered by the BAAOMD to be sufficient to mitiante, any potent iatty significant impacts on anv residential uses to unitealthfiil levefs7 of TACs or PM, Far ait y7re nc +1,_• nnnf 1 1 +\ th i� +'�h�ll .I+ + + - H; T + F' + r_ r s +I + ti i 4he -pr ^ o pp os ed re W ... -'P + ,_fl F Il.,. xr'a rn° A xa nn - x - uxr Y �� e - 313�ranx.�?rn - rt�z m cn 1 S sc -- a. r t ) a �z +:+i,a 61 F ,, + +h , ., . ._ .. +,,. �. .,F ,.a +h an r D A7;c F E.. h " b,I_. FrJ, 4liu its - F... p ercent e f am e b t h A' I F LT�In f a t r' i.t.nn L,., I 'a f fh 1:-n F's�� + - c�rrry th �,... s - _.. ocaccQ -anv� xxx .xc�x hall also + h n+ e c. Th a ppli can t pre a nd pl en t aT n mrrscc.. _ _f ____��_ - _____ ___• .. rlC - nrrmc �r� •, .v Hydrology and Water Quality Page 48, third, fourth, and fifth full paragraphs: "The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by darn owners as required by the State Office of Emergency Services and are intended for planning purposes only. Based on the review of these maps, the project site may be partially in an area designated as a dam failure inundation area. �a T o potentiall I y For the purposes of this study, it is assumed that the project site would be affected by inundation from dam failure but the likelihood of a failure is extremely low, and the occur ortio o f the sit that would be affected is limited to lower elevations near Los Gatos Creek. This, in coniunction with the dam safety measures implemented by the Santa Clara Vallev Water District on an ongoing basis. would reduce the dam inundation impact potential to a less - than - significant level 14 e wa, i n iple p etlan--4 Mitigati M eal ,. Meas ur e HYD 7 the n +e++•nl f fl:.r,r ing , d • +„ S , ,]... C..'I s , 'OUld Mitigation be .- ! +n .. In { ,,.., r .. Can.,. lev - n„ T, eaaa�es i7s drel 7 CXT sn lT,,„1: - /YF`7Fl\ Trr rxxr� c �jv->vr6�aia -`tea -mists Yu- ccr`x The folio...' „n „ shall be lame, ea h,. hn ., + I'ne „+ .,An.. Il D,r.:,,,.+ ...,.,....• o n - mac n' zPx c�> n�tc a v: tnc Pr °T`CT a�prcc°T'c mw�- cm- -rro�° SeenaFiOS tO Fe d e ft +- a ta d n ., r _�p es st or m l r, 4]'tCTCPC'I -T s ° *ab,is: �otcrxt:a: $nnnelatieEt�rcnUs The grad6r- p� s €o the ptiv� aes'e sl. n„ h^ t I • the a 'II CS -:=ter .m r-- 'n'x �c the xrc yivccrrtia , n cci 3dat+eff- e1e�'s�t16H"rn. �c c rn,�rnx A t o be implemented i . „rde: t:.Binirni7e the et: rn4l-� oZ +nmd and ,.1 ,,.. «, hark „f e,.+� flood g al s ., 1 +1 nC Typica t..�,.� ,. ..r.. „ n haz a rds „ " , �T_ d" . v c e ln ropii ^ mn - �roaTxii,.„ ixvr' - r� - ^ or - o'r".sc .. - p - cmx a vv -- m ca°'Rm6Frx -fl- exile.^, +' n dat'n ale a- tis liq.» Transportation /Traffic Page 79, Mitigation Measure TRA -3: "Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An rddi#ienaf X98 --- fe ersteran,o n hn a^ +e he �_ pa e-e per l ane sha e xist in g �. : s a„+hb e l, n ft tu ler., l en z- r- z crxx�.rvirv�rxcri €-St£ oa. .l: co r m r vxcccon D f i me. The piaeris elt .r "TIOUn.'1,. l r4 ..... ;�.,..,� .�.. �.lu -r z^ r - • €zn��d r �e+ an r the a. e in �T a rm be €gin L rlc A� nu€ xr rxd - .' -E)? -iTve, ... ..... rl,e Tn. YE} -}., iv'vti - gi rl �r'e -e^ ai y€ ar tU d � Z �, T :n..l:.°.�..,. L�OuI ©i:}d8 l ;��tFF.,si f�r?d",nH€3n£ -S +_ +e D n„ 9 s -�- itvacc�a a13}ind c13xt @E�t, }8 and �.ce, rL'S` x� § + „1 , �Pfe_t'rtca -b5-a liC @nSc `3�3nccF rrinA - s - chn natian an .' i'xc? o 'r'izin ,. nl - Eli3�r-evFH� C,11. i +: ` e —fd3 e5 - uailmkt gn 6 d L-e a`r'ia -ice -1- u re�sce n �3cr :3i- zi- oiix- i:i- tfn' 2 WinL-Ie -The developer shall interconnect and synchronize the traffic signals at the Larlc/University, Winchester /Lark Winchester / Wimbledon.. and 'Winchester/New- project entrv-- intersections to '.221t;tate nra_ and nnct_ 1'nject mwelµP3 at th,e Las At;ent inters by rr r < -p ' preventing them from extending into th Wimbledon Drive intersection.' The interconnection and synchronization improvements shall be completed rip or to issuance of the first certificate of occupancy for the development phase that tri?Qers project entry sianalization I These improvements are based on an operational studv of the interconnection and svnchronization of traffic signals at Lark-'Universiiv, Winchester /Lark. Winchester /Wimbledon, and Winchester�ect ennv that was prepared Hexagon Transportation Consultants Inc in June 2011 The study concluded that interconnection and wnchronization of these sim als would fully mitigate project queuing impacts without the need to lengthen turn op ckets, Page 79, Mitigation. Measure TRA -4: "Pedestrian and Bicycle Access. ^ r e ^ �' a c'+ n h T ^,, S 'e � a In of der to avoid potential •pedestrian safety hazards tile project applicant shall install appropriate feiicmg along the east side of Winchester Boulevard'to prevent pedestrians from trying to cross the railroad tracks. Further, aAll equired improvements along Winchester Bolevard (including tliose specif ed in this a Mitigation Measure TRA -1 through TRA -3) shall be designed to accommodate the proposed Ciass II bike^vay designated by the 2020 Genei`al an for Winchester Boulevard between Lark avenue and the nortliern town limit." Page 2 -116, Mitigation Measure TRA -Si "Panting Survey. During the Architecture and Site review process, a parking suivey will need to be completed at other cotiiparable facilities in the regioq in order to determine adequacy of proposed parking for_li E a v ' °� � je c` c 'ha =ies-a =;a ver senior residents as well as senior facility staff tinder Scetiaiio 4." N: \DFVUOEL \PLANNING1Albrielit \Environmental \Studies and Reports %ErrghAlbriehtMNDFinal.docx t a�a o MITIGATION MONITORING AND REPORTING PROGRAM � DATE: June 16, 201 I i slf PROJECT: 90 - 160 Albright Way and 14600 Winchester Boulevard/ " cos.. ors PD -10 -005, ND -11 -004 Mitigation Measure _ Implemen- Responsibility - - Timing i• .- fafion Monitoring 1. Aesthetics Required as Directors of Prior to issuance of a condition Community any Tree Removal Mitigation Measures— Aesthetics (AES). The following measures shall be of approval. Development Permits. implemented by the project applicant underall Project Scenarios to reduce the and Parks and project's visual quality impacts to less- than - significant levels. Public Works Ensure these measures are incorporated into AES -1: Limit Visibility. project plans. In order to be consistent with the scale and heights of adjoining commercial and residential development in the project vicinity, support the objectives and Monitoring: During policies of the General Plan's VLR Element, and maintain the small -Corm Construction. character of the community, the proposed project configuration shall implement one or both of the following measures: a. Future office and residential structures shall be limited to a height that ensures a substantial portion of building bulk will be screened by existing and future landscape trees to reduce the effects of building height on views to hillside ridgelines and support the community's objective of maintaining its small -tmty character: and /or b. Future office and residential structures shall be situated and designed to - minimize visual effects on the travelling public, adjacent residents, and nearby commercial uses. The selected project scenario shall include a - design that incorporates a combination of buildings with various rather than uniform heights: building design features such as articulation of facades, appropriate fenestration treatment, and similar architectural elements; and a landscaping plan that includes tree species with appropriate height potential to maximize screening of the proposed buildings' upper floors. AES -2: Tree Screens. Required as Directors of Prior to issuance of Existing landscape trees along the northern boundary should be retained to the a condition Community any Tree Removal maximum extent possible to more quickly provide screening fiom SR 85 and of approval. Development Permits. the Los Gatos Creek Trail. and Parks and _ Public Works Ensure these measures are incorporated into - - project plans. Monitoring: During Construction. .AES -3: Lmrdscape Plantings, Required as Directors of Prior to issuance of Proposed landscape plantings shall be initiated during the preliminary phases a condition Comnum ity any Tree Removal of the any approved development scenario in or to maintain and enhance the of approval. Development Permits . screening of project site Facilities from residents in die Chatter Oaks _ and Parks and neighborhood and recreationists using the Los Gatos Creek Trail. In the event Public Works Ensure these measures that the applicant is.responsible for the planting of more replacement trees than _ are incorporated into can be accommodated on die project site, the project applicant and Town will project plans. consider opportunities for the planting of native riparian plant species. including ti ees. m ithin the Los Gatos Q eck riparian zone. These eh"o� es will Monitoring: Dminn V need to be coordinated with the Santa Clara Valley Water District, which has Construction. jurisdiction over the creel, and adjoining npa tan areas. 2. Agriculture and Forestry Resom ces N/A \4,4 N/A No Mitigation Measures and Monitoring required. - 3. Air Quality Required as Director of Prior to issuance of a condition Community any Grading Permit. Nlitigntion Measures — Air Quality (AQ). The following_ measures shall be of approval. Development implemented by the project applicant (Measures AQ -1 du ough AQ -4 apph to Ensure these measures all Project Scenarios, while Measure AQ -5 applies to Scenarios 3 and 4 only) are incorporated into to reduce the project's air quality• impacts to less- than - significant levels: project plans. AQ -1: Basic Construction Measures. Monitoring: During To limit the project's consnucticarielated dust and criteria pollutant emissions. construction. the Following BAAQMD- recommended Basic Construction Mitigation Measure=_ shall be included in the project's grading Ian. building plans. and ATTACEMENT 18 -- - lllitigxtionMunsure - _ ; - - .- - -_- Implcin`cn= 'Respansihilrty : - -" Cnomg'c - - - 6rtion. - -. T13onitoiin - _ (AQ -1 continued.) contractspecifications: a. All.esposed sea faces (e.g., parking areas. stagingareas, soil piles, graded areas, and unpaved access roads] - sliall be watered two times per day. b. All haul trucksh anSpoiting soil, sand, of other loose material off-site shall be covered. - - c. All visible - inud or ditto ack -out onto adjacent public roads shall be removed using -Nvet power vacuum street sweepers at least once per day. The use of dry paver sweeping is prohibited. d. All vehiclespeeds on unpaved roads shall be limited to IS mph. e. All roadways, drii•emays, and sidewalks to be paved shall be completed as soon as possible. - - r.. Idling times shall be minimized either by shutting equipmentoff when not in use or reducing the maximum idling time to five minutes (as . required by - the California • airborne toxics control measure Title 13, Section 2485 of - California Code of Regulations [CCR]). Cleat signage shall be provided for construction . workers at all access points. g. All construction equipment shall be maintained andpioperky tuned - in accordance with manufacturer's specifications: All equipment shall be - checked by a certified mechanic and determined to be running in proper- condition prior to operation. - - - - - - h. Post a publicly visible sign -vnith the telephone number and person to - - -. contact at the Town regarding dust complaints. This person shall respond - and take con'ective action vvithin 48 hours. The BAAQMD's phone - - number shall also be visible to ensure compliance with applicable '. regulations. - - AQ -2: Additional Construction Measures. The following BAAQMD Required as Director of Prior to issuance of Additional Construction Mitigation Measures shall be included in contract a condition Community any - Grading Permit. specifications for construction: of approval Development - a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases Ensure these measures fROG]) coatings beyond the BAAQMD requirements (i.e, Regulation 8, are incorporated into Rule 3: Architectural Coatings). project plans. b. VOC content of architectural coatings shall not exceed ISO grams VOC - per liter of coating. . Monitoring: During - construction. .AQ -3: Additional NOx Reduction Construction Measures. The following Required as Director of Prior to issuance of limitations shall be included in contract specifications for construction and a condition Community any Grading Pei mit. adhered to during soil hauling activities (during mass and fine grading) for of approval. Development each construction phase in order to ensure NO, emissions \rould.be reduced to - Ensure these measures less - thin- simiifrceht levels (phasing parameters are defined in the - - are incorporated into URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the - project plans. Initial Study) -- -' • Phase 1: Trucks hauling soil during Phase l shall not travel more than Monitoring: During 23 stiles roundtrip. Daily vehicle miles traveled (VMT) doting mass construction. gradingshah not exceed 1,416: daily VMT during fine grading shall not exceed 425. - _- - • Phase 2: Ti uc s hauling soil - during Phase 2 shall not travel more than�26 miles i oundtcip. VMT dtn-ing mass grading shall not exceed 1,629; - daily VMT during fine grading shall not exceed 671. • Phase 3: Trucks hauling soil during Phase .3 shall not travel more than 36 miles roundtrip:. Daily VNIT during mass grading shall not exceed 2318; - - daily VIvIT during Fine g rading shall not exceed 625.. _ The contractor shall log VMTs daily and submit to the Town monthly: These _ limitations shall be stipulated in construction bids, plans, and specifications. AQ -4: Additional DPN1 Reduction Consti action Measures. Prior to the Required as Directors of Prior to issuance of approval of projectplans and specifications, the Towu En ineer, or his a condition Parks and any Grading Permit. clesignec sliall confirm that the construction bid packages include a plan of approval Public Works - demonstratingthatthe off -road equipment (more than 50 horsepower) to be _ Ensure DPM reduction used in the conshvchon project (i.e.. owned,_ leased;. and subcontractor measures are properly vehicles) will achieve -a .project wide fleet - average 20 percent NO, reduction incorporated into and 45 percentdiesel particulate matter (DPM) reduction compared to the most construction bid recent CARB fleet average. Acceptable options for reducing emissions include - - packages. the use of late model engines, low- emission diesel products, alternative fuels, engine retrofit technology; after- treannent products, add -on devices such as _ - particulate Filters, and/or other options as such become available. These limitations shall be stipulated in construction bids, plans, and specifications, - - nod shall be enforced by the Town Engineer. i -?: tYlitigahgn measure ,. - -` lmplemen- Responsibrhty - -:. ::Tion ing &. - - tutio❑ - - Sv4dnitorin AQ -5: Operational Risle Reduction Measures. A minimum 261 4 ,00t Required as Director of Prior to issuance of setback from the freeway shall be required for proposed residential uses and is a condition Community any Grading Permit. considered by the BAAQMD to be sufficient to mitigate any potentially of approval. Development significant impacts on any residential uses to unhealthfuL levels ofTACs or Ensure these measures are incorporated into _ project plans. Monitoring: During construction. q. Biological Resources Required as - Directors of Ensure these measures a condition Community are incorporated into Mitigation Measm es— Biological Resources (BIO), In or der to avoid of approval. Development project plans, impacts to special- status and migratory bird species during project and Parks and implementation the measures outlined below shall be implemented under all Public Works Monitoring: During Project Scenarios. With the incorporation of the following measures. - and after construction. significant impacts on these species would be reduced to less than significant: - BI0 -1: Protection of Vesting Birds during Construction. The Following measures shall be implemented prior to any on -site construction activities: a. Tree and shrub removal, pruning, and structure demolition should be conducted outside of the breeding season between September I and January 31 to avoid impacts to nesting birds. - b. If tree and shrub removal, pruning, and so ucmre demolition must occur during the breeding season (February l to August 31), preconstruction - surveys shall be conducted within the project footprint and a 300 -Foot - - buffer, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing is surface - disturbing activities. If no active nests are Found. no further measures are necessary. c. If active nests i.e. nests with eggs or young birds present of special- status o' migratory birds are found, non -disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, _ topography, cover, the nesting pair's tolerance to disturbance and the - iype/ duration of potential disturbance. No work shall occur within the nor- disturbance buffers until the young have fledged, as determined by a - qualified biologist. Buffer size should be determined in cooperation witli the CDFG and the USF\drS. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS should be contacted for fin ther guidance d. If active raptor nests aye found within 300 feet of construction activities, a qualified biologist shall be on site to monitor the nests for signs of - breedingJrearing disruption. If it is determined that any construction activity is resulting in nest disturbance, work shall cease immediately and the CDFG and the USFNYS shall be contacted to develop protective measures. BIO -2: Protection of Riparian P:abitat during Construction. Required as Directors of Ensure these measures Project implementation would require the operation of heavy equipment and a condition Community are incorporated into machinery for an extended period of time increasing the level of human of approval. Development - project plans, activity, noise, lighting, and drifting dust, potentially disrupting wildlife and Parks and breeding and normal activities in the adjacent Los Gatos C eek ripaian habitat. Public Works Monitoring: During Such effects may reach significant levels ncithoul the incorporation of and after construction. following measures: a. Project construction activities small be reso ictcd to cm iwht hours; nighttime work shall not be permitted. - b. Use of elevated floodlights shall not be permitted: any exterior lighting shall be directed inward and shall not cause the illumination of the adjacent riparian habitat c. Vehicle /equipment operations in the vicinity of the riparian corridor shall be minimized to die extent . practicable. d. Dust control must be practiced dwing demolition and grading. Mitigation Measure - Lnplemen- Responsibility Timing S .nlonitorin __- 1310-3: Protection of Ripon inn Habitat during Project Operation. Required as Directors of Ensure these measures Implementation of any of the proposed scenarios could result in increased a condition Community are incorporated into lighting of the riparian corridor at Los Gatos Crock. The mixed -use scenarios of approval. Development project plans. could also result in increased interaction between m ildlife and domestic pets. and Part's and Such effects may reach significant levels without the incorporation of Public \works Monitoring: Dui measures: - and after construction. a. The lighting of the selected scenario shall ensure that exterior lighting is directed inward and shall not cause the illumination of the adjacent riparian habitat. : b. Resuictioiis shall be in placed to prevent the placement of pet food containets buff -of- dooms in areas accessible to wildlife. c. Free - roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted, - d. All exterior trash receptacles shall be designed and maintained to exclude - - wildlife: HIO-4: Tree Protection and Replacement. In order to provide appropriate Required as - Directors of Ensm'e these measures mitigation for the loss of Ordinance - protected trees, the following measures a condition Community are incorporated into 4rould be required: _ of approval. Development- - project plans. a. The project proponent shall secure a Tree RenroVRI Permit from the Town and Parts and of Los Gatos prior to removing or grading within the dripline of any Public Works Monitoring: During protected tree. - --- and after construction. b. For the worst -case condition of tree impacts and the Townls tree — - - - - replacenrent formula, the maximum number and sizes of replacement trees - that could be required are indicated as follows, but could be less depending - on the final development design: Number of Trees Size 1282 24° box sized trees. and - 4 36" box sized trees, and 4 43° box sized trees. or 54 - 6sized trees, and 236 1 419" box sized trees. Actual tree replacement would be based upon the final permitted number of trees removed. c. If a tree cannot be reasonably planted on the subject property, the value of the removed trees) shall be paid to the Town Forestry Fund ton • Add or replace Nees on public property I the vicinity of the subject property, or • Replacement value of a tree shall be determined using the most recent edition of the Guide far Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. d. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to the Santa Clara Valley Water District, the Town may also consider accepting "riparian Habitat restoration and enhancement activities as compensation for the loss of some protected trees on the subject pi opetty. As described above, the riparian habitat is degraded by the presence of invasive'non- native frees, which could be removed and replaced with native riparian bees. From be perspective of CEQA, enhancement and restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts resulting fi'om project implementation. e. The projectsponsor shall avoid planting ornamental species reported by the California Invasive Plant Council to have the potential to be invasive. Species on this list that can spread by wad home seed shall be prohibited from use in landscaping. The proposed list of landscaping species for the project shall be reviewed and approved by the Town. - f. In addition to conformance to the Tree Protection Ordinance the in borisl's report (Ellis 2011) also outlines protective measures before and during construction. Additional h'ee protection guidelines are presented in the Tree Protection Ordimnce.: These measures shall be implemented. g. Dan Ing Construction, accidental injury or removal to and protected trees shall be reported immediately to the Town and appropriate measures taken, as identified by the Town, to mitigate the non - permitted damage and to prevent further accidental impacts. 4 . l3itigation Rleagwe lmplemeo- Responsibility. Timing& _ tatio❑ Monitoring - (BIO -4 continued.) It. The Town shall implementrecommendations made by the Town's consulting arborist, Deborah Ellis, in her February 18, 2011 report These - measures encompass design guideline recommendations encompassing the establishment of a Tree Protection Zone to preclude the disturbance of trees to be retained onthe project site, erosion control measures, drainage conu'ol, and tree replacement requirements, In addition the at borist's - report presents tree protection measures to be implemented before and during project construction. These recommendations cc included as .Attachment 3 of the W [lot Study. S. Cultural Resources Required as Director of Monitoring: During a condition Community construction. Mitigation Measures — Cultural Resou ces (CUL). The following measures of approval. - Development shall be implemented by the project applicant under all Project Scenarios to reduce the project's potential impacts on archaeological resources to a less - than- significant level: CUL -1: ..Archaeological Monitor. - A qualified archaeologist shall be retained to monitor the site cleating and grading operations in those areas where buildings will be removed and/or new construction will occur. The archaeologist shall be present on -site to observe site clearing-at a representative sample of building removal areas until he/she is satisfied that there is not longer a potential for finding buried resources. In the event that any potentially significant archaeological resources are discovered. - the project archaeologist shall stop work inside a zone designated by him/her v,here additional archaeological resources could be found A plan for the evaluation of the resource shall be submitted to the Criminality Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eli fo inclusion on die California Register of Historic Resources (CRHR). CUL -2: Identification of Eligible Resources. Required as Director of Monitoring: During If an eligible resource is identified, a plan for mitigation of impacts to the a condition Community construction. resource shall be submitted to the Los Gatos Community Development of approval. Development Department for approval before any additional construction related eardrmoving can occur inside the zone designated as archaeologically sensitive Mitigation could include additional hand excavation to record and remove for anal significant archaeological materials, combined with additional arellaeoloRiCal monitoring of soils inside the archaeologically sensitive zone. CUL -3: Discovery of 13uuan Remains. Required monitoring will also Required as Director of Monitoring: Dining serve to identify aid hopefully reduce damage to human burials and associated a condition Community - construction. grave goods. In theevent that human remains are discovered, it shall be the of approval. Development responsibility of the project archaeologistto contaetthe County Coroner's Office and the Native American Heritage Commission (NAHC). The NAHC is responsible for naming_ a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated crave goods. The MLD shall make recommendations to the Commum" Development Director regarding die method for exposure and removal of human burials and assocoutcl grace Roods. and shall advise the Coin nunity Development Director regarding die place and method o£ reburial of these materials. 6. Geology and Soils Required as Directors of Prior to issuance of a condition Community any G'adiiv Permit. Mitigation Measures and Soils (CEO). The following measures of approval. Development shall be implemented by the project applicant under all Project Scenarios to and Parks and Ensure that reduce the project's seismic, geologic, and soil impacts to less -dram- significant Public Wm$s recommended levels: measures from the design -level CEO-1: Detailed Gcotecimical Investigations. geotecFmical The pi ojectsponsor shall ensue that a design -level g eotechrical investigation investigation are is conducted for each planned site improvement The recommendations of the incorporated into Reotechnical investigation shall be incorporated in the final construction plans . project plans. for the proposed project. These recommendations shall address liquefaction. lateral spreading. ground mature due to liquefaction, and differential Monitoring: During compaction. Construction. _ 6Iitigation Aleasm•c - - S' Implcmen- Responsibility Timing& -_ - - 'tatiod' - - Monitorin GE O-2: 2. Undocumented Pill'. Required as Directors of Prior to issuance of The projeelsponsor shall require the removal of undocumented fill materials a condition Community any Grading Permit. within proposed building excavations. Reuse of the 611 materials shall only be of approval. Development allowed if they meet the requirements for engineered fill. Otherwise, imported and Part's and Monitoring, Ensure engineered fill shall be required for building excavafions. Undocumented fill -. Public Works that undocumented fill materials that do not meet the requirements for engineered 611 shall be reused materials are properly for landscaping or in non - structural fill areas. or shall be disposed of ofFsile. - characterized and reused /disposed of of - site dm ing " construction. 7. Greenhouse Gases Required as Director of Prior to issuance of - - a condition Community any Building Permits. Mitigation Measures— Greenhouse Gascs.(GHG). The following measure of approval. Development - shall be implemented by the project applicant under all Project Scenm ios to Ensure that necessary reduce the project's GHG emissions to a less- than - significant level: - measures,are - - ,- Incorporated into GFIG -l: . GFIG Reduction Measures. - projectplans to ensure A combination of the following -list of sustainabilily and design features shall that the BAAQMD be incorporated into uses ultimately developed'on the project site to achieve the GHG significance overall scaled reduction in GHG emissions necessary to meet the B•AAQMD's threshold is met significance threshold of 4.6 MT of GHG per service population per year). For - - example, based on develop rientproject scenarios reviewed in this report; - scaled reductions would be.required are as follows: 4434 percent for Scenarios - - I and 2, 18:5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to issuance of building permits, the project applicant shall demonstrate required - scaled reductions we achieved through incorporation of a combination of sustainable project design features. Each measure and associated GHG " reduction shall be identified and included on all project plans and ' specifications. One or more of the following sustainability and design features, or other measures that may become available in the 6rmre, shall be included to achieve the required scaled reductions in GHG emissions: - • Provide secure on -site bike parking (ratio shall be at least one space per 20 vehicle spaces). • Provide information on transportation alternatives (i.e. bus schedules and maps) accessible to employees within each proposed building. - • Provide preferential on -site carpooUvanpool parking. • Increase energy efficiency beyond Title 24 by 20 percent - • Install smart meters and programmable thermostats. • Plant shade trees within 40 feet of the south side or within 60 feet of the - west sides of die buildines. • Install roofs with highly reflective materials (albedo of at least 30) to - reduce cooling load. - - • Meet 2010 Green Building Code Standards. - - • Seat:hcating, ventilation, and air conditioning (HVAC) dricts to elihance efficiency and reduce energy loss.' • Include solar photovoltaic or other technology to generate clean icily or site to reduce consumption: fi�om the electrical grid. - - Intplemenl employee telecommuting program • Provide showers /changing faciltieis on -site for employee use. • Implement an on -site carport matching program for employees. • Provide on -site amenities (i.e., eating and other establishments). • Increase the project design by 100 percent (i.e., presence of transit- oriented development design guidelines, complete street standards). • Wo k With die Bay Area Air Quality Management District (BAAQMD) to - implemen -acceptable oft site mitigation. This involves an agreement with - the BAAQMD and payment of fees or the purchase of carbon credits. The - BAAQiviD would commit to reducing the type and amount of emissions identified in the agreement. S. Hazards -and Iazardous Materials - - Nlitigatiori A(e•lsm es �.�Hnzardsand Hazardous Materials (HAZ). The following measures shall be implemented by the project applicant under all Project Scenarios to reduce the project's hazes ds and hazardous materials . . impacts to less -thah- significant levels: �F . Mitigation Measure -- - - Impiemen- - tat ion Responsibility - 'Timing 3 Monitoring (o. Hnzarrls and Hazardous dfntarinls continuerd) Required as Directors of Prior to Architecture HAZ -1: Hazardous Materials Removal. a condition Community and Site approval and - The following measures shall be required to reduce public health risks related of approval. Development prior to issuance of to removal and disposal of hazardous materials to a less- than - significant level: - and Parks and any Grading Permit. a. The projectsponsor shall retain a qualified professional to update the Public Works environmental database review performed as part of the Phase I ESA no Ensure these measures more than three months prior to the stmt of any construction activities that are incorporated into would involve disturbance of greater than 50 cubic }'ands of sail. The project plans and qualified professional shall prepare a report summarizing the results of the contract specifications . environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The project sponsor shall retain a qualified professional to conduct - appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities under the proposed project that require disturbance of greater thorn 50 cubic yards of soil. To evaluate the potential for the presence of pesticides and metals, sample analysis shall include dioxins and furans, chlorinated herbicides, chlorinated pesticides, and California Title 22 metals at a minimum. If contamination from a nearby'site is indicated by the environmental database review conducted in accordance vith Mitigation Measure HAZ - Ia. then additional analysis shall be conducted in accordance with the recommendations of the - qualified professional. The project sponsor shall also be required to notify . the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed - - environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -lb, identifying the chemicals present. potential health and safety hazards, monitmying to be performed during site activities, soils - handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed Cavil ormental sa eenin g levels, the project sponsor shall require the constniction Conti actor(s) to prepare a . material disposal plan, based on the results of sampling conducted as specified hr 6•fitigation Measure HAZ -lb, for excess soil produced din ing construction activities. The plan shall specify the disposal. method for soil. _ approved disposal site, and \vt itten documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on -site under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The projectsponsor shall require the construction Conti octal (S) to have a contingency plash for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatoi} agencies, in i tine event that previously unidentified hazardous materials rag encotmiered din line construction. If any hazardous materials are identfied, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present and identify appropriate disposal methods. Evidence of potential _ - contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure HAZ -lb, the project sponsor would remove and notify the regulatory agencies of a discovered release.The assigned lead agency would oversee all aspects of the site investigation and remedial action: and determine the adequacy of the site investigation and remediation activities at the site. I -_- MLhg thou Mleasme Irnplcnhen- Responsibility' Timing S - F, •_ txtion -:= Monitorin EI 1L 2• Hazardous Building niatet iuls Remora]. Required as - Directors of - Prior to Architecture Prior to demolition of a buildin& the project sponsor shall incorporate into a condition Community and Site approval, and contract specifications the requirement that the contraclor(S) have a hazardous of approval. Development prior to issuance of building materials survey completed by a Registered Environmental .Assessor and Parks and any Grading Permit. or a registered engineer. This survey shall be completed prior to any demolition Public Works activities associated ividl the project. if any friuble asbestos - containing - - - Ensure these measures materials or lead' - containin materials are identified, adequate abatement - are incorporated into practices, such as contaimiienl and!or removal, shall be implemented in project plans and accordance with applicable laws prior to demolition. Any PCB - containing - contract specifications. equipmenL Fluorescent light tubes containing mercury vapors, and fluorescent light - - - ballasts containing DEHP shall also be removed and legally disposed of. - 9. Hydrology and Water Quality N!,4 - N/A N %,A No Mitigation Measures and Monitoring requred - 10. Land Use and Planning No Mitigation Measures and Monitoring required. - - - - 11. Mineral Resources - - No Mitigution Measures and Monitoring required. - - - 12. Noise Required as Directors of - Prior to issuance of - - a condition Community any Grading Permit. Mitigation Measures — Noise and Vibration (NOI). The following measures of approval, - Development ' shall be implemented by the project applicant (Measure NOI -P applies to and Parks and Ensure that these noise Scenarios 3 and 4 only, while Measures NOI -2 and NOI -3 apply to all Project Public Works control measures are Scenarios) to reduce the project's noise impacts to less- than - significant levels: - incorporated into - project plans. :Y01-1 Detailed Acoustical Analysis for Residential Uses. During the At chitecnn e and Site review process, noise attenuation measures, as Monitoring: Prior to specified by an acoustical engineer, shall be incorporated into the project and during design to ensure that noise levels in usable outdoor areas meet the Town's' 65- - construction. dBA (DNL) land use compatibility guideline for multi- family residential uses - and interior noise levels imeel Town's and State (Title 24) interior standard of 45 dBA (DNL). Noise attenuation measures that could be incorporated into the - design to achieve these limits include: • Provision of acoustically- effective barriers or deck railings to meet the 65- . dBA (DNL) exterior limit. • Provision of closed windows and mechanical ventilation to achieve the 45- - dBA (DNL) interior standard. NOI -2 Construction - Related Vibration Limits. Required as Directors of Prior to issuance of To prevent cosmetic damage to existing adjacent structures, the project a condition Coloom muty any Grading Pern it. contractor shall restrict equipment operations within 25 feet of adjacent of approval Development I "- structures, whereby surface vibration will be limited to no more than 02 in /sec and Parks and - - Ensure that these noise PPV, mensuredilt the closest residential structures. Public Works control measures are - - - incorporated into project plans. Monitoring: Prior to and during construction. NOf -3. ConstructimrRelated Noise Abatement. - Required as Director's of Prior to issuance of The project contractor shall demonstrate that the project complies with the a condition Commuhty - any Grading Permit. - folloalirg: - ofapproval. Development a: Construction contracts specify that all construction equipmenL fixed m and Parks and Ensure that these noise mobile, shall be equipped with properly operating and maintained mufflers Public \Yorks control measures are and other state required noise attenuation devices, and not exceed the incorporated into ordinance noise limit of 85 dBA at 25 feet. project plans. 6. Property occupants located adjacent to the project boundary shall be sent a notice, at least 15 days pciorto commencement of construction of each Monitoring: Prior to phase, regarding the construction schedule of the to project. A - and during sign, legible at a distance of 50 feet shall also be posted at die project construction. i, - -` - Mitigation Measure - - Implemen- Res, onsibility - TimingR - tatiort Monitorin (NOI -3 continued.) " construction site. All notices and signs shall be reviewed and approved by the Tour of Los Gatos Public Works and Community Development Department prim" to mailing or posting and shall indicate the dates and duration of construction activities, as wall as provide a contact name and a telephone number inhere residents can inquire about the construction ' process and register complaints. c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works and Community Development Department, a qualified - - "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction - - noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works and Community Development _ Department. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and ilae telephone number for the - Disturbance Coordinator. d. Construction haul routes shall be designed to avoid noise - sensitive uses (e.g.. residences, convalescent tames, etc.). e. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. f. pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and hofda}s. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos - Community Development (Building) Department, that construction noise shall not exceed 85 dBA outside of the property line. 13. Population and Housing - - No Mitigation Measures and Monitoring required. 14. Public Services No Mitigation Measures and Monitoring required. 15. Recreation Required as Directors of Determine that a condition Community adequate recreational Mitigation Measures — Recreation (REC). The following measure shall be of approval. Development facilities are provided implemented by the project applicant under Project Scenta"ios 1, 3, and 4 to and Pm "Is and as part of Architecture reduce [lie project's increase in demand for recreational facilities to a less -than- Public Works and Site review. sianificant leveh REC -I: Provision of On -Site or Nearby Recreational Facilities. The project applicant shall either provide access to on -site or nearby. recreational facilities for project employees under Scenario I and residents ender Scenarios 3 and 4. 16. "TransportationlTraftic Required as Directors of Prior to Cei'rlfie 1,,n a condition Conununity of Occupancy. iN itigation' vleasm - es— Tnmsportation/Trafftc(TRA). The following ofapproval. De%elopment measures shall be implemented by the project applicant under all Project and Parts and Fnsure that traffic Scenarios to reduce the In ojecfs traffic impacts to less -than- significant levels: Public Works improvements are " completed. TRA -1: Winchester Boulevard and Albright Way(L!nsignalized Intersection #4). The necessary improvements to mitigate projectand cumulative impacts at this _ intersection consist of the signalization of the intersection with protected left - turn phasing on Winchester Boulevard. Intersection level of service would improve to LOS B during both peak homy wish the inhprovements. However, based upon vehicular queuing analysis, it is recommended that the project entrance at Winchester Boulevard and Albright Way be restricted to riglht -ton . in and out only and a new signalized project can once be provided along Winchester Boulevard approximately 200 feet south of Albright Way. The new signalized entrance will be aligned with the entrance to tie Courtskle Club forming a new four - legged signalized intersection with signal interconnect to the signals at Winchester Boulevard and Wimbledon Drive and !Winchester - Mitigation T Ica" re_ : Implemen- Responsibility - - Timing& tatton \ignitmin (TR.A 1 continued.) Boulevard and State Route M(S). The close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive will require that the two signals be interconnected and signal timing to be synchronized. Alternate configurations may be possible to accommodate specific project phasing. Any interim alternate configurations must provide a level of sen ice that conforms to the Town's Traffic Impact Policy. TRA -2: University Avenue and Lark Avenue (Unsignulized Required as Directors of Prior to Certification Intersection 87). - a condition Community of Occupancy. The necessary improvements to mitigate projectand ctumdative impacts at this ofapproval. Development intersection consist of the signalization of the intersections with signal - and Parks and Ensure that traffic interconnect to and coordination with the signal at Winchester Boulevard and Public Works improvements ale Lark Avenue. Intersection level of service would improve. to LOS It and C -. completed. during the .AM and PM peak hours, respectively, will, the improvements. It should be noted that this intersection is projected to operate at unacceptable - levels tinder Town. of Los Gatos 2020 General Plan Conditions, The Town of Los Gatos Draft 2020 Genei of Plan identifies the above improvement as a - - - roadway improvement necessary to accommodate the future development - - allowed under the 2020 General Plan. Hmvever, due to the lack of dedicated Funding sources for the improvements identified in the General Plan, this - - improvement cannot be assumed to be completed under Project Conditions. Therefore, the project will be required to fund and construct the iniprovemem, - unless other development is identified that will contribute a'fair share' amount - - toward the implementation of the improvement. - - - TRA -3: Winchester Boulevard and Lark Avenue (Signalized Required as Directors of Prior to Certification Intersection 46). - a condition Community of Occupancy. The developer shall interconnect and synchronize the traffic signals at the of approval. Development Lark/University, Winchester /Lark, Winclester /Wimbledon, and and Parks and Ensure that traffic WinchesterMew project entry intersections to mitigate pre- and post - project Public Works improvements are completed. queues at the Lark Avenue intersection by preventing them from extending into - the Wimbledon Drive intersection'. The interconnection and synchronization improvements shall be completed prior to issuance of the first certificate of occupancy for the development phase that triggers project entry signalization. TRA -4: Pedestrian and Bicycle Access. Required as Directors of Prior to Certification In order to avoiIdpotential pedestrian safety Hazards, the project applicant shall - a condition Community of Occupancy. install appropi iate fencing along the east side of Winchester Boulevard to of approval. Development prevent pedestrians from trying to cross the railroad tracks. Further. all - and Parks and Ensure that traffic required improvements along Winchester Boulevard (including those specified Public Works- improvements are in Mitigation Measure TRA -1 through TRA -3) shall be designed to - completed. . accommodate the proposed Class II bikeway designated by the 2020 General Plan for Winchester Boulevard between Lark avenue and the northern town limit TRA -5: Parking Survey. - Required as Directors of Prior to Certification During the Architecture and Site review process, a parking survey will need to a condition Community of Occupancy. be completed at other comparable facilities in die region in order to determine of approval. Development adequacy of proposed parking For seniu residents as well as senim facility and Parks and Ensure that traffic staff antler Scenario 4. Public Works improvements we - completed. - - - Ensm e parking survey is completed prior to - Architecture and Site review For Scenario 4. I These improvements are based on an operational study of the in terconneca on and synchronization of (raffle signals at Lark/University, Winchester /Lark. Winchester /Wimbledon, and WinchesterMew project entry that was prepared HexagonTransportation Consultants. Inc. in June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacLS without the need to lengthen turn pockets. - f[ /l 11. Utilities and bervlcc Systems Mitigation Measures — utilities and Service Systems (USS). The follmain2 measure shall be implemented by the project applicant under all Project V Scenarios to reduce the projects impact on existing wastewater transmission facilities to a less- than - significant level: ' USS -1: Preserve or Relocate Existing Eight -Inch Line Sanitary Sewer Line. During Architecture and Site Review, detailed utility plans shall indicate eithei preservation or relocation of the existing eight -inch sanitary sewer transmission line to accommodate service for off -site flows north throughlhe site and establish a new sewer easement for this line. In addition a letter from West Valley Sanitation District stating . approval of the project shall be provided to the Town by the applicant. - End — N r,DE VUOEUPLANNING�Albri�he EnvironmentallMivlRPEinal.doc Required as Director of Ensme Chat project a condition Parks and plans incorporate this of approval. t Public Works requmement. THIS PAGE INTENTIONALLY LEFT BLANK