1997-024-Approving A Request For Architecture And Site Approval To Permit Construction Above the Parking LotRESOLUTION 1997 -24
RESOLUTION DENYING APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST FOR ARCHITECTURE AND SITE APPROVAL TO PERMIT
CONSTRUCTION ABOVE THE PARKING LOT, AND APPROVAL FOR THE PARTIAL
DEMOLITION AND REHABILITATION OF THE OLD TOWN SHOPPING COMPLEX.
DEVELOPMENT PLANS INCLUDE THE DEMOLITION OF AN EXISTING BUILDING
CONTAINING A RESTAURANT, CONSTRUCTION OF A NEW COMMERCIAL
BUILDING ADJACENT TO S. LUKE'S EPISCOPAL CHURCH, EXPANSION AND
RECONSTRUCTION OF THE EXISTING BUILDINGS, AND CONSTRUCTION OF A
NEW COMMERCIAL BUILDING ACROSS UNIVERSITY AVENUE WITH
UNDERGROUND PARKING.
PROJECT APPLICATION PRJ -96 -162. PROPERTY LOCATION: 50 UNIVERSITY
AVENUE.
PROPERTY OWNER: OLD TOWN LLC, A CALIFORNIA LIMITED LIABILITY CO.
APPLICANT: ED STORM.
APPELLANTS: PERI FRANTZ, RICHARD BILLIG, NANCY BURBANK, MEGAN
DAVIDSON, STEPHANIE DURSTON, ADA MCDANIEL.
WHEREAS:
A. This matter came before the Council for public hearing on March 3, 1997, on an
appeal by the appellants from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellants and
all interested persons who wished to testify or submit documents. The Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the packet and documents attached to the Council Agenda
C. The property is difficult to develop, but due consideration has to be given to the
development's effect on the neighbors and area.
D. The Planning Commission's decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Project Application PRJ-
96 -162 is therefore denied.
2. This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of March, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin.
NAYS: None
ABSENT: None
ABSTAIN: None `
SIGNE _ ltilit -� Yw✓��;
OR OF THE TOWN O L S GATOS
S GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L`OS GATOS
LOS GATOS, CALIFORNIA
NASHAREWTY0317.12
CONDITIONS OF APPROVAL
50 University Avenue
Project Application PRJ -96 -162
Requesting Architecture and Site Approval to permit construction above the parking lot, and approval for the
partial demolition and rehabilitation of the Old Town Shopping Complex. Development plans include the
demolition of an existing building containing a restaurant, construction of a new commercial building adjacent
to St. Luke's Episcopal Church, expansion and reconstruction of the existing buildings, and construction of
a new commercial building across University Avenue with underground parking.
PROPERTY OWNER: Old Town LLC, A California Limited Liability Co.
APPLICANT: Ed Storm
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. PHASING. All buildings may be worked on simultaneously. Twenty Five percent of the occupancy of
Building E shall be held until final occupancy has been given for the existing Old Town Center and its
two parking lots. A map shall be provided prior to the issuance of a building permit, indicating the tenant
spaces of Building E and which units are proposed to have their occupancy held. During the final
occupancy stage, these held units may be changed with Town approval.
2. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened. The quietest and smallest
capacity heating, ventilation, and air conditions equipment that meets design specifications and Town
Noise Ordinance standards shall be used. The roof equipment for Building D shall be restricted to the
east end of the building and the vent exhausts shall be directed toward the Old Town parking lot.
3. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished structure
shall be deposited to a company which will recycle the materials. Receipts from the company(s)
accepting these materials, noting type and weight of material, shall be submitted to the Town prior to
the Town's demolition inspection.
4. CLOSED AREAS. The areas to be abandoned shall be uninhabitable spaces, and the finished
materials shall be removed. There shall be no heating or air conditioning of these spaces and there
shall be no electrical or plumbing outlets. No storage shall be placed in these areas. These areas shall
be shown to be closed off during final inspection.
5. PLAQUES. The two plaques which currently exist on the building, (the history of Los Gatos plaque and
the dedication to teachers and students plaque), shall be saved and replaced on the building prior to
final occupancy.
6. RESTROOMS. The restrooms located within the buildings, which are not exclusively for an individual
office use, shall be available to the general public.
7. BUILDING D. The back wall (south side next to church) shall be painted to match or harmonize with
the existing St. Luke's wall.
8. BUILDING D ACCESS. Access to the space between Building D and the St. Luke's wall may be
securely closed to the public and accessible only to the appropriate and permitted
maintenance /landscaping personnel.
9. STORE DELIVERIES. The area behind Building E, adjacent to Parking Lot 6, shall not be used for
deliveries.
10. SECOND LEVEL PARKING. An additional level of underground parking is allowed and strongly
encouraged to be constructed with this approval. This parking is not required as part of the approval
for this project.
11. AMPHITHEATER. The amphitheater shall remain as an amphitheater and shall include provisions for
electrical power and water, and a back wall for the amphitheater. A Conditional Use Permit application
must be filed by the applicant and approved by the Town prior to using the amphitheater. At the time
of review of the permit, parking will be analyzed for the proposed use.
12. ARCHED ENTRY. The arched entry element at the rear of Building E shall be modified to reflect the
EXHIBIT A
PAGE 4
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
conceptual elevation on file. This revision shall be reviewed and approved by the Town prior to the
issuance of a building permit for Building E.
(Engineering Section)
13. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for
those improvements shall be prepared by a California registered civil engineer, reviewed and approved
by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials
Security before the issuance of a building permit. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued. The plans shall be
in conformance with the Streetscape Plan for Central Business District Improvements (which includes
benches and trash receptacles) for the improvements identified below:
a. University Avenue (Easterly side). Curb, gutter, "Villa Hermosa" sidewalk, curb ramps, driveway
approach, street lights, tie -in paving, removal of mid -block crosswalks, signing, striping, storm
and sanitary sewers, as required.
b. University Avenue (Westerly side). Curb, gutter, "Villa Hermosa" sidewalk, tree grates, curb
ramps, high- capacity driveway approach, street lights, partial CBD corner detail, recessed loading
zone, tie -in paving, removal of existing stamped concrete crosswalks, signing, striping, storm and
sanitary sewers, as required.
C. Elm Street. Curb, gutter, "Villa Hermosa" sidewalk, tree grates, curb ramp, street lights, tie -in
paving, signing, striping, storm and sanitary sewers, as required.
d. Mullen Avenue. Curb and gutter including along the unfinished terminus with provision for access
to future Los Gatos Creek trail, "Villa Hermosa" sidewalk, curb ramps, driveway approach, street
lights, tie -in paving, signing, striping, storm and sanitary sewers, as required.
e. Edelen Avenue. Curb ramp, road closure, tie -in paving, signing and striping, as required.
14. LANDSCAPE MAINTENANCE AGREEMENT. A five year landscape maintenance agreement shall
be accepted by the Town, prior to the issuance of a building permit.
15. EDELEN AVENUE ROAD CLOSURE. Edelen Avenue shall be closed at the south end for vehicular
traffic. The closure shall meet the requirements of the Town and Central Fire Protection District. The
closure shall be installed and accepted by the Town, prior to the occupancy of more than 75 percent
of Building E. The land area remaining from the closure shall be landscaped and shall be included in
the landscape maintenance agreement.
16. MID -BLOCK CROSSWALK. The existing mid -block crosswalks shall be removed. No new mid -block
crosswalk shall be installed. The only marked crosswalk to the site shall be at the Elm Street/University
Avenue intersection and across Mullen Avenue at University Avenue. These sidewalks shall conform
to the CBD standards.
17. ELM STREET /UNIVERSITY AVENUE CROSSWALK. The crosswalk at Elm Street and University
Avenue shall conform to the design standards of the CBD.
18. CURB RAMPS. The developer shall construct nine or ten (9 or 10) curb ramps according to State
Standard Drawings. The ramps shall be installed at the following locations: at the crosswalks at
University Avenue /Elm Street, University Avenue /Mullen Avenue, one on each side of the University
Avenue entrance, one on each side of the high- capacity driveway to the below -grade parking garage,
two on the southerly side of Mullen Avenue, opposite Edelen Avenue, and one or two on the
northeasterly corner of Edelen and Mullen Avenues. The actual "Case" as shown on the standard to
be used will be decided by the Engineering Construction Inspector during the construction phase.
19. STREET LIGHTING. A minimum of five (5) street lights, conforming to CBD standards, shall be
installed along the project frontages. A street light shall be installed adjacent to the most easterly
Mullen Avenue driveway, the Mullen /University Avenue corner, the main entrance walk and both
University Avenue driveways.
EXHIBIT A
PAGE 5
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
20. HYDRAULIC CALCULATIONS. At the time of the final design of the project, existing and post - project
hydraulic calculation for the project area and associated drainage conveyance facilities between the
project and Los Gatos Creek. The hydraulic calculation should include calculations to confirm the
preliminary findings of the EIR.
21. EROSION CONTROL PLAN. Interim and final erosion control plans shall be prepared and submitted
to the Engineering Development Section of the Planning Department. On sites over 5 acres, at Notice
of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the Region
Water Quality Control Board. The plan shall account for existing drainage conditions since most runoff
generated on the sunken parking lot site during the excavation phase would be too low to drain to
adjacent storm drains and would require pumping.
22. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall
be provided in a format acceptable to the Town Attorney before issuance of the building permit.
23. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a proportional to the
project's share of transportation improvements needed to serve cumulative development within the
Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the
time the building permit application is made. The number of trips used in the calculations will be the net
additional trips as shown in Table 5 -8 of the E.I.R. by Geier & Geier, dated September 1996. The fee
shall be paid before issuance of the building permit. The traffic impact mitigation fee for this project
using the current fee schedule is $89,280. The final fee shall be calculated using the rate schedule in
effect at the time of the building permit application.
24. CHRISTMAS SHOPPING CONSIDERATIONS. Construction shall be scheduled or other measures
implemented, to minimize construction impacts during the Christmas shopping season.
25. LUNDY LANE. The developer shall demonstrate that the Old Town Center has rights of access to
use Lundy Lane for pedestrian access. Verification will be required prior to final occupancy. If access
is not allowed, the gate will be required to be locked.
26. SIDEWALK EASEMENT. The sidewalk easement along the west side of University Avenue at the
loading duckout(s) shall be abandoned and reestablished in a new location prior to issuance of a
building permit for Building E.
27. DEDICATION. The radius at the driveway exit from Parking Lot 6 to Elm Street, shall be widened and
the additional land area shall be deeded to the Town, prior to the issuance of a building permit for
Building E.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES:
28. TREE CARE. All tree care activities shall be accomplished by a licensed, competent tree care firm as
approved by and under the supervision of the Director of Parks, Forestry & Maintenance Services.
29. PROTECTIVE FENCING. Prior to any construction or Building Permits being issued, the applicant shall
meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective
fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during
construction.
30. NEW TREES. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted
prior to final occupancy.
31. IRRIGATION. No irrigation or planting shall be permitted under the dripline of existing native trees. All
newly planted material shall be irrigated by an in- ground irrigation system.
32. CONSTRUCTION. No construction or grading shall take place within the dripline of existing trees.
33. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the dripline of
existing trees shall have aeration tubes installed.
34. LANDSCAPE PLAN. A final landscape plan shall be submitted and approved the by Parks
Superintendent prior to issuance of a building permit. Planting on the south back of Building D shall be
done in cooperation with St. Luke's Church.
EXHIBIT A
PAGE 6
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
35. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance as
per Chapter 26 Article IV of the Town Code. A review fee based on current resolution shall be paid
when the landscape, irrigation plans and water calculations are submitted for review. Plans and fees
must be submitted prior to issuance of a building permit.
36. ARBORIST REQUIREMENTS. The following measures from the Coate study (1996) shall be enforced
to minimize damage to the three Oak trees located on the adjacent Church property next to the
proposed Building D:
a. The foundation which is installed ten feet from the fence, beginning 50 feet east of the curb, must
be of pier and beam foundation design, not standard L- footing.
b. If an additional wall is installed adjacent to the existing property line wall, it shall also be of a pier
and grade beam foundation design with the beam laid on top of the existing grade.
C. When pavement is removed from any area beneath the canopy of one of these trees, the
pavement must be removed by breaking the pavement up with a jackhammer or by manual labor,
and the broken pieces shall be loaded into a skip loader which is standing on undisturbed
pavement. Roots which are exposed in the top three inches of soil, with removal of that
pavement, shall be protected from compaction or other damage.
d. Under no circumstances shall equipment be allowed to drive on the exposed soil once the
pavement has been removed until protection has been installed over the newly exposed roots.
e. The protective surfaces shall include a four inch layer of tree chips over any surface beneath the
tree canopy which is newly exposed.
f. If it becomes necessary to drive construction equipment over any of those newly exposed areas,
1.5 inch plywood sheets shall be laid over a five inch layer of tree chips to prevent compaction
of the soil by equipment wheels.
g. As part of the contract specifications for the general contractor and all subcontractors,
construction personnel shall not be allowed to prune any of the Oak tree limbs or branches
located direly above construction. An Arborist certified by the International Society of
Arboriculture shall be called to prune the canopy of the trees over the parking lot before
construction begin begins, if any conflicts arise between actual construction and the tree at later
stages of construction, only the arborist shall be allowed to do additional pruning to solve the
problem. All pruning must follow Western Chapter, International Society of Arboriculture Pruning
Standards.
h. The two Oak trees located closest to University Avenue shall be fertilized by injecting a liquid
fertilizer mix into all areas beneath the canopies of these trees, including that on the south side
of the existing wall. The fertilizer shall be composed of Greenbelt 22 -14 -14 soluble fertilizer
mixed at four pounds of fertilizer per 100 gallons of water, and injected at 10 gallons of this mix
per one inch of trunk diameter into all areas beneath the canopy in exposed soil or through bricks
where that becomes the only method by which fertilizer can be supplied to the root zone.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES:
37. GENERAL. All public improvements shall be made according to the latest adopted Town Standard
Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the
applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and
debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods
and materials on the sidewalk and /or street will not be allowed unless a special permit is issued. The
developer's representative in charge shall be at the job site during 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.
38. CONSTRUCTION NOTIFICATION. The developer shall notify the businesses and residents in the
construction area of the construction schedule prior to commencement of work which will affect parking.
PAGE 7
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
39. ELM STREET. Elm Street shall remain open during construction.
40. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering
Construction Inspector at least twenty -four (24) hours before starting any work pertaining to on -site
drainage facilities, grading, or paving; and all work in the Town's right -of -way. Failure to do so will result
in rejection of work that went on without inspection.
41. EROSION CONTROL MAINTENANCE. Grading activities shall be limited to the period of least rainfall
(April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and
stabilizing /building on this area if grading that is allowed to go on during the rainy season. In addition,
straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. Install filter
berms, check dams, retention basins, silt fences, and straw bale dikes as needed on the project site,
to protect downstream water quality during winter months.
42. UTILITIES. The developer shall install all utility service, including telephone, electric power, and other
communications lines underground, as required by Town Code §27.50.015(b).
43. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing
improvements not designated for removal that are damaged or removed because of developer's
operations. Improvements such as, but not limited to, curbs, gutters, sidewalks, driveways, signs,
pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired and
replaced to a condition equal to or better than the original condition. Existing improvements to be
repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the
Engineering Construction Inspector before the start of construction to verify existing conditions.
44. AS -BUILT PLANS. After completion of the construction of all work in the public right -of -way or public
easements, the original plans shall have all changes (change orders and field changes) clearly marked.
The "As- built" plans shall again be signed and "wet- stamped" by the engineer who prepared the plans,
attesting to the changes. The original "As- built" plans shall be reviewed and approved the Engineering
Inspector. A photo Mylar of the approved "As- built" plans shall be provided to the TOWN before the
release of the Faithful Performance Security.
45. DRIVEWAY APPROACHES. The developer shall install four (4) Town Standard Commercial driveway
approaches in the locations shown on the Official Development Plan. The new driveway approaches
shall be constructed per Town Standard Detail S -5. At the entrance to the below -grade parking garage,
a high- capacity driveway shall be installed.
46. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction
Encroachment Permit.
47. BUILDING "E" PARKING. The underground garage can be used for construction worker parking once
the Town Building Official has finaled the private use of the garage. In addition, the entrance to the
parking garage shall be monitored at all time that it is open (e.g., guard, gate, etc.) to ensure it is not
used by the public prior to the issuance of a Certificate of Occupancy for Building "E ".
48. PARKING CONTINGENCY PLAN. The applicant shall prepare a construction worker parking
contingency plan, to be implemented if directed to do so by the Town, to have construction workers park
off -site. The plan shall include designation of a specific off -site location for all construction worker
parking. This location shall not be within the Central Business District (C -2 zone) unless Town Council
gives the authorization to a specific site, and workers shall be shuttled from the off -site location. The
parking contingency plan shall be approved by the Director of Building and Engineering Services prior
to the issuance of a building permit.
49. CONSTRUCTION DELIVERIES. All construction deliveries shall be restricted to the hours between
9:00 a.m. and 3:00 p.m. to minimize school and downtown impacts. The applicant should monitor
construction activities to ensure that traffic flow along University are not adversely affected by
materials /equipment deliveries. At no time shall street blockages be permitted that would impact the
mobility of emergency service vehicles.
50. PEDESTRIAN ACCESS. Construction activities shall be planned and implemented so as to minimize
EXHIBIT A
PAGE 8
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
disruption to pedestrian and vehicular traffic. The sidewalk shall be kept open on at least one side of
each street at all times.
51. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West Valley Sanitation
District at the developer's expense and approved by the Town of Los Gatos before they are used or
reused. Install sanitary sewer lateral clean -outs at the property line.
52. NOISE REDUCTION. Equipment used for project construction shall utilize control techniques
(improved mufflers, equipment redesign, use of silencers, ducts and mufflers) in order to minimize
construction noise impacts. Construction noise shall be minimized by requiring the project contractors
to agree with the following measures:
a. If the Noise Ordinance noise standard cannot be met at the Mullen Avenue property boundary
or along the church boundary, temporary wooden fencing shall be erected during construction
along that boundary.
b. A member of the project applicant's team shall be appointed to enforce construction hours
allowed by Town Ordinance. The project applicant shall introduce this person to the Town staff
and have this person accessible to the Town during all site preparation and construction
activities.
C. Elimination of unnecessary idling of equipment.
d. Good maintenance and lubrication procedures shall be used on all construction equipment to
reduce operating noise.
53. HAZARDOUS MATERIALS PLAN. A management plan for hazardous materials shall be prepared by
the developer. This management plan shall identify all suspected hazardous materials (including
contaminated soils, groundwater, PCB's, lead -based paints, asbestos) and specify applicable
regulations that would determine appropriate handling and disposal of hazardous materials. The
management plan shall provide detailed quantification of the types and quantities of asbestos. The plan
shall also provide guidelines for the handling and disposal of lead -based paints. When handling and
disposing of lead -based paints, appropriate measures shall be required to ensure compliance with
applicable state hazardous waste and OSHA regulations (worker safety). The plan shall include plans
for site safety /worker protection, sampling and investigation, and disposal /remediation for materials
which exceed regulatory action levels and are determined to be hazardous. For suspected hazardous
materials (contaminated soil and groundwater) which may be encountered during construction,
contingency plans for site safety /worker protection, sampling and investigation, and
disposal /remediation shall be included; these shall be based on soil and groundwater sampling and
testing that have been completed to date. The plan shall be filed with the Town and all other
appropriated agencies. Appropriate contract specifications shall be imposed on construction
contractors for proper handling and disposal of hazardous materials consistent with the required
management plan. The developer shall complete an asbestos survey of the Steamer's building prior
to demolition. The developer shall ensure that all existing asbestos containing materials are removed,
closed off or encapsulated by a licensed abatement contractor prior to site preparation for renovation,
rehabilitation and removal of any materials or fixtures. This will include undertaking a physical
examination of the project site to determine the amount of each type of material to be closed off,
encapsulated or removed, and mapping areas where asbestos containing materials are to be closed
off, encapsulated and /or removed. An inspection and maintenance program shall be developed for any
areas closed off or encapsulated to prevent any fiber release.
54. HAZARDOUS MATERIAL PREPARATION. During demolition and excavation activities, the developer
shall be prepared for the potential of encountering hazardous materials in areas not already
characterized. The developer shall be alerted for visible evidence of hazardous materials, such as soil
discoloration, suspicious odors, or presence of underground tanks, piping or other buried building
materials and shall provide for the collection of grab samples in the area of suspected contamination.
55. GROUNDWATER CONTAMINANTS. If groundwater is encountered during project construction and
dewatering is required, the developer shall undertake sampling and testing of the encountered
I 1 C
PAGE 9
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
groundwater in accordance with the contingency sampling and investigation plan. If groundwater is
found to contain contaminants which exceed regulatory action levels, it may not be discharged into the
existing storm drain system. Removal and handling of the contaminated groundwater shall be done in
a manner acceptable to the Regional Water Quality Control Board, the Town and other jurisdictional
agencies. Once more detailed project plans become available, the Town may choose to require the
developer to submit a Notice of Intent (NO]) to the California Regional Water Quality Control Board prior
to construction. If required, the NOI letter shall include mapping, potential pollutant lists, and a detailed
description of drainage factors regarding the project site during construction.
56. ELEVATOR CONTAMINANTS. The existence of contaminants in soil beneath the existing elevator
room shall be determined and appropriate remediation shall be completed as required by applicable
federal, state and local regulations. Appropriate contract specifications shall be imposed on
construction contractors for proper handling and disposal of hazardous materials consistent with the
required management plan.
57. PCB'S. The developer shall request PG &E to test the two transformers for PCB's and if present, PCB's
shall be removed and disposed of properly.
58. NOTIFICATION REQUIREMENTS. The developer shall comply with notification requirements under
applicable Federal regulations regarding hazardous air pollutants, including asbestos, in accordance
with Section 19827.5 of the California Health and Safety Code (adopted January 1, 1991).
59. EXISTING BASEMENT. While the existing hazard posed in the crawl hole basement area of Building
B is not an impact of the proposed project, this area shall be immediately be closed off or abated and
the soil decontaminated by a licensed abatement contractor (prior to initiation of any work on the
proposed project). In the event the crawl hole basement of this area is permanently closed off, an
inspection and maintenance program shall be developed to prevent any fiber release.
60. ASBESTOS EXPOSURE. All necessary measures shall be implemented to protect operating
merchants, employees and customers from exposure to asbestos.
61. BAAQMD. To comply with BAAQMD nuisance abatement rules, the following dust (PM10) control
measures shall be included as conditions of the building permit:
a. Water all active construction areas at least twice daily.
b. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
C. Apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites.
d. Sweep (preferably with water sweepers) all paved access roads, parking areas and staging areas
at construction sites.
e. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto
adjacent public streets.
62. GEOLOGIC HAZARDS CHECKLIST. The developer shall submit to the Town a Geologic Hazards
Checklist, as outlined by the California Department of Conservation Division of Mines and Geology, and
appropriate geotechnical design studies demonstrating that the probable lateral forces experienced at
the project site from a seismic event have been taken into consideration in the design and construction
plans for the proposed project. These studies shall address building foundation design for the parking
garage and Buildings D and E as well as for any seismic retrofit found to require new or upgraded
foundations in Buildings A and B. Project plans for seismic retrofitting of Buildings A and B shall
demonstrate conformance with 1994 Uniform Building Code requirements (including 1995 California
amendments) and /or recommendations made by Boley Consulting Engineers, whichever requirements
are determined to be appropriate by the Town.
63. SEISMIC RETROFIT. The developer shall provide plans or designs for structural repairs in order to
seismically retrofit the existing buildings. Such plans or designs shall include any and all foundations
needed to support each location of seismic retrofitting. Proposed plans shall conform to the current
Uniform Building Code, with California amendments in effect in Town.
EXHIBIT A
PAGE 10
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
64. BUILDING CODE. Project plans shall demonstrate conformance with current Uniform Building Code
requirements (including California amendments in effect in Town) and /or recommendations made by
Boley Consulting Engineers (whichever requirements are determined to be appropriate by the Town)
to repair and upgrade the structures in order to integrate the structural system and to make Buildings
A and B capable of providing resistance to gravity and seismic loads.
65. PARKING GARAGE. The westerly wall of the underground garage under Building E shall contain a
structurally designed section or sections that would structurally accommodate being knocked out for
access to and from a possible future below -grade parking level on Town Parking Lot No. 6.
66. PERMITS REQUIRED. A building permit application shall be required for each proposed structure.
Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
67. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
68. SIZE OF PLANS. The maximum size of construction plans submitted for building permits shall be 24
in. X 36 in.
69. 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.
70. DEWATERING PLAN. Prior to issuance of a building permit, the project applicant shall prepare a
dewatering plan specifying how groundwater would be handled when encountered during excavation,
how temporary excavations would be protected from groundwater saturation and how permanent
foundations would be kept dry from groundwater as well as from surface water runoff.
71. 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
72. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be blue lined
on the construction plans.
73. 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)
74. DEMOLITION PERMIT REQUIREMENTS. Contact Bay Area Air Quality Management District (415-
771 -6000) and complete their process as necessary before obtaining a demolition permit from the
Town Building Department. No demolition work shall be done without first obtaining a demolition permit
from the Town.
75. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site parking facility shall comply with the latest
California Title 24 Accessibility Standards for disabled.
76. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards for disabled. Work shall include but not limit to have
accessibility to building entrances from parking facilities and sidewalks.
77. TITLE 24 ACCESSIBILITY - COMMERCIAL. The building shall be upgraded to comply with the latest
California Title 24 Accessibility Standards for disabled. Necessary work shall be first investigated by the
design architect then confirmed by the Town staff. The new building shall fully comply with the latest
California Title 24 Accessibility Standards for disabled.
78. COMMERCIAL - RESTAURANT USE. Proper size grease trap shall be required for any restaurant
use. The following agencies will review the grease trap requirements before issuance of the building
EXHIBIT A
PAGE 11
CONDITIONS OF APPROVAL FOR:
50 University Avenue
Project Application PRJ -96 -162
January 15, 1997
permit:
a) West Valley Sanitation District: 378 -2407
b) County Health Department: 299 -6060
c) Town Parks - Forestry & Maintenance Department: 354 -6808
79. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the architect
or engineer of record shall prepare an inspection program that shall be submitted to the Building Official
for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please
obtain Town Special Inspection form from the Building Department Service Counter. The Town Special
inspection schedule shall be blue lined on the construction plan.
80. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program specification sheet shall be part of plan submittal. The specification
sheet (Size 24" X 36 ") is available at the Building Department service counter.
81. GARBAGE FACILITY. The garbage facility at the rear of Building E shall be available for the
businesses currently using trash bins at Parking Lot 6. This arrangement shall be secured by an
agreement or license approved by the Town.
82. APPROVALS REQUIRED. The Project requires the following agencies approval before issuing a
building permit:
a) West Valley Sanitation District: 378 -2407
b) Central Fire District: 378 -4015
c) County Health Department: 299 -6060
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
83. SPRINKLERS. Fire sprinkler system shall be modified as necessary for Buildings A, B and C. An
automatic fire sprinkler system shall be installed in Building E and the parking garage. The fire sprinkler
systems shall conform to National Fire Protection Standard #13, 1994 Edition without the use of
exceptions.
84. HYDRANTS. Provide one public fire hydrant at a location to be determined jointly by the Central Fire
District and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet and the
minimum single flow hydrant shall be 1500 GPM at 20 psi. residual pressure. If hydrants exist on site,
include civil drawings showing location of all hydrants with the building permit submittal.
85. TIMING. The required fire hydrant shall be in place and accepted by the fire department prior to the
start of combustible framing. Bulk construction materials shall not be delivered to the site until the
hydrant has been accepted by the Fire District. Clearance for building permits will not be given until
such time as this requirement is addressed by the developer.
TO THE SATISFACTION OF THE CHIEF OF POLICE
86. LIGHTING. The stairwells and building recesses shall have proper lighting with illumination no less than
five foot candles at five feet off the ground. If telephones are provided, they shall be located in the open
courtyard, not hidden away behind walls.
TO THE SATISFACTION OF SANTA CLARA COUNTY WATER DISTRICT
87. DRAINAGE. There shall be no overbank drainage into the Los Gatos Creek from grading the site.
Storm runoff shall be collected via an on -site storm drain system and distributed to an existing city storm
drain system or an outfall into the creek. If an outfall is desired, it shall be designed in accordance with
District guide sheets.
88. PERMIT. A District permit is required for any construction adjacent to or within the Los Gatos Creek.
EXHIBIT A