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1986-165-Denying Conditional Use Permit To Operate A Private School Within Existing School Facilities In The HR-5 ZoneRESOLUTION NO:1986 -165 RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT TO OPERATE A PRIVATE SCHOOL (UNIVERSITY LEVEL) WITHIN EXISTING SCHOOL FACILITIES (GUADALUPE COLLEGE) IN THE HP, -5 (Pre - zoned) ZONE (17975 Foster Road - Sisters of Charity of the Blessed Virgin Mary) WHEREAS, on April 9, 1986 the Planning Commission certified that the Environmental Impact Report (EIR) prepared for Conditional Use Permit Applica- tion U -84 -6 was complete and prepared in accordance with the California Environmental Act Quality Act and State and Town Guidelines and denied said ap- plication. WHEREAS, Charles Bedolla, on behalf of the Sisters of Charity of the Blessed Virgin Mary and Kang Ming Ho, appealed an action of the Planning Commission as follows: denial of Conditional Use Permit U -84 -6 to operate a private school (university level) within existing school facilities (Guadalupe College) in the HR -5 (pre- zoned) zone. WHEREAS, a public hearing was scheduled before the Town Council on May 19, 1986 and continued for hearing. Public hearings were held by the Town Council on this matter on July 7, September 2, and September 15, 1986, THEREFORE BE IT RESOLVED: A. The Town Council hereby finds the Planning Commission erred by failing to consider the following: 1. All the impacts identified in the EIR can be mitigated by the conditions of the approval; 2. Reuse of the the existing facility as a college is the best use for the property; 3. The Town has long held the position that the property should be put to some use; and 4. The back road access to the college has been a part of the Los Gatos Hillside Specific Plan for -eight years and use of that road means that the traffic will not adversely impact the downtown area of Los Gatos. B. The Town Council determines that the EIR was presented to the Town Council and that the Council reviewed and considered the information contained in the EIR, prior to taking action on the project. -2- C. The Town Council hereby finds that each identified significant environmental impact can be mitigated as set forth in the attached Exhibit "A" and incorporated by reference herein. D. The Town Council hereby further finds that the Town has eliminated or substantially lessened all significant impacts on the environment where feasi- ble as shown in the above referenced mitigation measures (Exhibit "A ") and has determined that there are not any remaining significant impacts on the environ- ment. E. The Town Council hereby further finds that the request is consistent with the Town's General Plan and the Town's Hillside Specific Plan. F. The Town Council hereby makes the following findings as required by Section 5.20.210 of the Zoning Ordinance for the granting of a Conditional Use Permit: 1. The proposed uses of the property are essential or desirable to the pub- lic convenience or welfare because the proposed college will be using an existing facility and it is consistent with the original use of the prop- erty; 2. The proposed uses will not impair the integrity and character of the zone because the original use was a college and the improvements proposed and required will enhance the site; 3. The proposed uses would not be detrimental to public health, safety or general welfare because the 71 conditions listed below are intended to protect the health, safety and general welfare; and the addition of a Taiwanese school for young women will improve the cultural and educational aspect of the community; and 4. The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of this Ordi- nance in that a college is a conditional use in the HR zone and the 71 conditions are intended to make the proposed use of the property consistent with the goals and policies of the General Plan and the Hillside Specific Plan. G. The Town Council hereby grants the appeal and approves Conditional Use Per- mit Application U -84 -6 subject to the following conditions: 1. No additional buildings may be constructed on the site. 2. Access to the college must be from Highway 17, and not from College Ave- nue or Foster Road, 3. The applicant shall demonstrate to the Town that they have provided for the construction of safety features at the intersection of Highway 17 and Alma Bridge Road as required by Caltrans in order to mitigate the intersection safety concerns raised in the EIP.. 4. The property owner shall dedicate to the Town and Midpeninsula Regional Open Space District as permanent open space, either by easement or fee, all lands not currently occupied by buildings or parking. The easement shall include provisions for a trail consistent with the Town's trail plan. -3- 5. The college will be limited to a maximum of: 400 students 30 faculty members 17 staff members 6. Students will not be permitted to own, lease, or borrow any automobile for use on the site. 7. The college will implement policies that discourage on -site visitation until such time as the interchange serving Alma Bridge Road is completed. 8. Students shall use vans supplied by the college for transportation to and from the site on weekdays. The vans should have scheduled runs and specified stops. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all local students. 9. All special events (excluding athletic events) to be held on the campus will require previous approval by the Town Council, and requests for these events shall be submitted no less than 90 days in advance. Special event attendees shall use vans supplied by the college for transportation to and from the site. Park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of special event attendees. loo All deliveries will be limited to the hours of 10:00 a.m. to 2:00 p.m., Monday through Friday. This condition expires upon the completion of the interchange serving Alma Bridge Road. 11. The access road shall remain a private road and the college will indemnify the Town against any damages due to road failure. 12. A landscape plan shall be submitted for all new and existing parking lots, subject to the review and approval of the Director of Parks, Forestry and Maintenance Services. 13. The existing buildings shall be repainted and /or landscaped to blend more harmoniously into the hillside, to the satisfaction of the Planning Di- rector. 14. An evaluation of existing buildings shall be conducted by a structural engineer to determine effectiveness of existing structures to resist lat- eral forces, including structural analysis and visual observation of structures to determine any existing structural damage or defects or ma- jor deficiencies. Recommendations should be made for necessary structur- al repair and modification or alteration to buildings to make the buildings reasonably safe in the event of a moderate or major earthquake, to the satisfaction of the Building Official. -4- 15. Cut and fill slopes shall be graded to minimize visual effects, yet re- tain necessary stability. Cut and fill slopes shall not be steeper than 2:1, except where steeper slopes in competent bedrock are feasible. Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. 16. Revegetation of the altered landforms should be implemented immediately after completion of grading. Native plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accordance with Soil Conservation Service and Loma Prieta Resource Conservation Dis- trict recommendations. 17. Trees removed due to grading should be replaced with similar species as soon as possible, at the rate of three 15-gallon trees for each one re- moved. Where practical, mature trees should be preserved, 18. Berming and landscaping around the proposed parking area should be de- signed to decrease the visibility of the lot as viewed from the north or south. 19. Unstable rock outcrops shall be removed from slopes. 20. Overall grading shall be kept to a minimum, particularly in steep areas or where there is a history of instability. High, steep-cut slopes and sidehill fills shall be avoided. 21. Where feasible, cut slopes shall be benched and fill slopes shall be keyed into stable natural ground to further reduce potential slope sta- bility impacts. 22. During the construction period, all excavated slopes shall be provided with interceptor ditches at the top of the slope and intermediate benches at appropriate vertical intervals. The benches shall carry surface runoff away from the slope at a gradient of 2% to 5% to a suitable reten- tion area. 23. Storm drainage from the roadway shall be routed into the natural drainage channels existing along the hillslopes. Storm water from a large area shall not be allowed to concentrate at one drainage point and flow down a hillslope. 24. Parking lot and roadway paving on fill shall be designed with proper subgrade compaction and adequate base and paving thicknesses. 25. Incremental development shall be required to ensure that the amount of land cleared at any time if limited to the area that can be developed during one construction period. 26. The clearing of existing vegetation shall be confined within the limits of actual earthwork. 27. Energy dissipating structures and erosion control devices shall be placed at all drainage outlets which discharge into natural channels. -5- 28. Any earth disturbed by construction activities shall be mulched and planted with drought resistant native vegetation before the start of win- ter seasonal rains, to the satisfaction of the Town Engineer and the Di- rector of Parks, Forestry and Maintenance Services. 29. Jute matting should be placed on cut and fill slopes to control erosion until the plants are established, to the satisfaction of the Town Engi- neer. 30. The source of outdoor lighting shall not be visible from off the proper- ty. Light standard heights shall be minimized and the source shielded and directed downward on the subject area only. Lighting standards and shielding devices should be designed by a licensed engineer. Lighting shall feature a maximum 70 watt high pressure sodium fixture. 31. Damage to oak trees during any development shall be minimized by the fol- lowing construction practices: a) Adequate drainage for trees shall be provided by ensuring that excessive moisture is not trapped by fill materials or sections of the roadway constructed downhill from the trees. If such obstructions occur, French drains or gravel and porous the shall be provided to lead water away from the root crown. b) Any underground utility lines to be installed within the driplines of existing trees shall be hand- trenched. 32. Prior to any 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. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 33. A two -year landscape maintenance contract shall be established for the protection of existing and newly planted landscaping (around parking lot and within proximity to roadway construction), to the satisfaction of the Town Engineer. 34. Construction activities shall be as limited in area /extent as is feasible to minimize wildlife habitat disturbance. 35. All disturbed land areas shall be reseeded with the Metcalf Canyon Jewel Flower after completion of construction. 36. In the event that prehistoric archeological traces are encountered during construction, all construction within a fifty meter radius of the find shall be stopped, the Planning Director notified, and a qualified archaeologist retained to examine the find and recommend mitigations as necessary. -6- 37, For the Alma Bridge Road alternative access roadway, trucks and other construction vehicles shall avoid, to the extent possible, residential streets. 38. All construction related vehicles and equipment shall be properly muf- fled. 39. Construction activities at the project site shall be restricted to weekdays and to the hours of 8:00 a.m. to 6:00 p.m. on the north side of the ridge to minimize disturbance to local residents. Hours of construc- tion on the south side of the ridge shall be limited to 7 :00 a.m. to 7:00 p.m. weekdays, and on -site activities only (no off -haul of materials) may occur on Saturdays. 40. The public (especially within a few hundred feet of construction activi- ties) shall be informed of proposed construction timelines to minimize potential annoyance related to construction noise. 41. To minimize noise and vibration associated with the roadway surface, the surface shall be maintained and repaired as smooth as feasible. 42. Outdoor athletic events shall be limited to daytime hours. Until the interchange serving Alma Bridge Road is completed, participants and spectators of intermural events shall use vans for transportation to and from the site. The park and ride lot(s) shall have sufficient spaces re- served to accommodate vehicles of all participants and spectators, 43. A public address system shall not be used unless required for special events, and in that case shall be designed to minimize sound transmission from the college property. 44. To reduce noise levels, the following measures shall be applied by the Police Department: a) Enforce motor vehicle code (especially regarding mufflers). b) Enforce vehicle speeds at the posted limit. 45® A plat and legal description shall be prepared and annexation of the property to the Town of Los Gatos shall be initiated and the applicant's documentation provided prior to the issuance of any permits, to the sat- isfaction of the Town Engineer. 46. All public utility and /or open space easements or fee title dedications to the Town and /or to the Mid - Peninsula Regional Open Space District shall be completed prior to the issuance of any permits, to the satisfac- tion of the Town Engineer and Town Attorney. 47. A valid policy of Errors and Omissions Insurance and Public Liability In- surance shall be provided on behalf of the public officials and staff of the Town of Los Gatos to the satisfaction of the Town Engineer and Town Attorney. -7- 48. Final grading, roadway design geometries (including intersection of pri- vate road at Alma Bridge Road) drainage (including drainage study), interim and final erosion control, landscaping, on -site lighting, parking lot lighting and roadway lighting plans shall be submitted, to the satis- faction of the Town Engineer. 49. A downstream drainage capacity study shall be prepared by a hydraulic en- gineer indicating impacts on any drainage course or system and capacity of the downstream system and improvements needed for such systems or the portion thereof affected by the watersheds included in this proposal to the satisfaction of the Town Engineer, Santa Clara Valley Water District, and Santa Clara County. The drainage study shall include an estimate of the effects of sediment transport and deposition on the open channel and piped systems of the Town and Lexington Reservoir watershed. 50. The following improvements shall be guaranteed by contract and bond, to the satisfaction of the Town Engineer: a) Drainage improvements as determined by the downstream drainage ca- pacity study as discussed under Condition n49. System improvements may include piping, manholes, energy dissipators, etc., as required. b) Water System Improvements in order to meet fire flow, quantity and duration, to the satisfaction of the Central Fire District and Town Engi- neer. c) Foster Road. Terminus and turnaround improvements at Foster Road including emergency access gate, paving, etc. as required. Gate locking and access mechanisms shall be to the satisfaction of the Town Engineer, Los Gatos Police Department and Central Fire District. d) Intersection Improvements on Alma Bridge Road at the intersection of the private access road to the satisfaction of Santa Clara County. e) Other public improvements as required including but not limited to public utilities (water, sewer, power, etc.). 51. A Grading Permit and Bond for Excavation and Grading shall be provided, to the satisfaction of the Town Engineer. The work included within the Grading Permit shall include grading, site development, drainage improvements (including catch basins, pipes, energy dissipators, channel improvements and cleaning, etc.), interim and final erosion control measures, roadway improvements (including asphaltic concrete paving, Portland cement concrete curbs and gutters, masonry retaining walls, etc.), signing, striping, reflectorization, lighting, metal beam guardrails and other items as required, to the satisfaction of the Town Engineer. The width of the traveled way shall be 24 feet wide from face of curb to face of curb with two foot wide shoulders along each side. 52. The cost of the Town Engineering services in connection with the grading permit work in excess of the fees collected for processing the Grading Permit shall be borne by the developer, to the satisfaction of the Town Engineer. M 53. A soils and geotechnical report shall be prepared which provides specific criteria and standards governing site grading, drainage, erosion control, roadway construction, and retaining wail design, to the satisfaction of the Town Engineer. A registered Civil Engineer specializing in soils mechanics shall be included in the group that prepares this report. The soils and geotechnical report shall include a complete sub - surface geotechnical study to precisely determine the exact location and extent of all areas of potential instability as evidenced by existing landslides on the property, to the satisfaction of the Town Engineer, 54. Filling of the hillsides or ravines shall not be allowed as a method of disposal of excess roadway excavation. A separate plan shall be submitted providing for the routes and ultimate destination of disposal of all exported earth material (including the environmental effects of the offhaul), to the satisfaction of the Town Engineer. 55. No grading or earth disturbing activities shall be allowed between Octo- ber 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan shall be required to be instituted by Octo- ber 1 and maintained throughout the October 1 to April 15 period, to the satisfaction of the Town Engineer and in conformity with the Town's Grad- ing, Drainage and Erosion Control Ordinance (Ordinance No. 1647). 56. The soils engineer shall certify that the construction practices proposed in areas of unstable slopes provides the maximum practical factor of safety to prevent an erosion event such as landslide, sediment transport, etc., to the satisfaction of the Town Engineer. 57. Water trucks and other dust control measures shall be continuously employed during the period of roadway construction, to the satisfaction of the Town Engineer. 58. No disruption of public utilities or public utilities serving private residences shall be allowed by the applicant during the period of con- struction, to the satisfaction of the Town Engineer. 59. All grading operations shall be continuously inspected by the soils engi- neer or his qualified representative and these inspections shall be coor- dinated with regular Town inspections. Soils engineer shall prepare pe- riodic reports and a final geotechnical report, to the satisfaction of the Town Engineer and in accordance with Ordinance No. 1647 of the Town of Los Gatos. 60. Any work in the public right -of -way will require an Encroachment Permit, to the satisfaction of the Town Engineer. 61. The Town Engineer shall have the sole authority to stop any operation at any time during any phase of the project as he deems necessary to resolve any design or construction issue that will impact public health and safe- ty, and in this regard his decision shall be final and the cost shall be borne by the applicant. M 62. Prior to the approval of any final plans for access roadway alignment be- tween the college site and Alma Bridge Road, the center line of the roadway shall be staked at a maximum of 50 foot intervals and all trees shall be tagged in the field, referenced on the plans, and the disposition of the trees shall be noted on the plans, to the satisfaction of the Director of Parks /Forestry /Public Works Maintenance and the Town Engineer. 63. Because of the height, size and square footage of the structures, and be- cause of excessive time and travel distances for emergency responses, the facilities of this complex shall be provided with automatic fire extinguishing systems prior to occupancy, to the satisfaction of the Cen- tral Fire District. 64. Fire flow for this facility shall be 1,500 gallons per minute for two hours, with all buildings sprinklered. The main water supply line from San Jose Water Company to the facility shall be increased to a size that will facilitate the above fire flow. All existing yard mains shall be tested, to the satisfaction of the Central Fire District prior to occupancy. 65. The existing fire alarm, standpipe and other life safety features must be surveyed in order to determine exact requirements, to the satisfaction of the Central Fire District prior to occupancy. 66. Any gates to the facility shall be equipped with a "Medeco® locking de- vice, to the satisfaction of the Central Fire District prior to occupancy. 67. The fire safety and exit system for the facility has never been completed and shall be brought up to current code, to the satisfaction of the Cen- tral Fire District prior to occupancy. 68. The college shall employ a full time campus security director whose pri- mary responsibility is the security and safety of campus facilities, staff and students. It is preferred that the security director be a sep- arate position, but duties may be combined with the position of someone such as a facilities manager (but not teaching faculty or administrative personnel), to the satisfaction of the Police Department. The Police Department is available to assist in the selection of the security direc- tor as well as the setup of operational procedures. 69. Shrubbery between the buildings and proposed parking lot to be removed to allow view of parking lot from the buildings, to the satisfaction of the Police Department and the Director of Parks, Forestry and Maintenance Services. 70. If any additional water tank(s) is required to meet minimum domestic or fire protection supplies, the placement, color and /or landscaping of the tank(s) shall be to the satisfaction of the Planning Director. _10- 71. Use of the property shall be granted subject to all the specific conditions enumerated herein which are necessary for the general health, safety and welfare. Should any condition of this permit be held invalid or be modified, other than by the Town Council, the permit shall be null and void. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judi- cial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of October 1986 by the following vote. AYES COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrite, Brent N. Ventura, and Mayor Terrence J. Daily NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Eric D. Carlson ABSENT: COUNCIL MEMBERS None SIGNED. MAYOR OF THE TOWN OF LOS G TOS ATTEST: _ --- CLERK OF THE TOWN OF LOS GATO _11_ TRAFFIC PROJECT: CONDITIONAL USE PERMIT APPLICATION U -84 -6 SIGNIFICANT ENVIRONMENTAL IMPACTS WITH ( =LITIGATION MEASURES Impact Project related increases in traffic and, therefore, increases in turning movements at State Route 17 /Alma Bridge Road would add to the existing traffic hazard. (Section 3.1 - EIR) Mitigation Tie applicant shall demonstrate to the Town that they have provided for the construction of safety features at the intersection of Highway 17 and Alma Bridge Road as required by Caltrans in order to mitigate the intersection safety concerns raised in the EIR. (Condition #3) Impact Impact from construction vehicles on the surrounding area. (Sec. 3.1 - EIR) Mitigation For the Alma Bridge Road alternative access roadway, trucks and other construction vehicles shall avoid, to the extent possible, residential streets. (Condition #37) Impact Generation of approximately 140 one -way trips per day on an average school day with approximately 16 to 18 occuring during the a.m. or p.m. peak hours. (Section 3.1 - EIR) Mitigation tff—ecollege will be limited to a maximum of: 400 students 30 faculty members 17 staff members (Condition #5) Students will not be permitted to own, lease, or borrow any automobile for use on the site. (Condition #6) The College will implement policies that discourage on -site visitation until such time as the interchange serving Alma Bridge Road is completed. (Condition #7) Students shall use vans supplied by the college for transportation to and from the site on weekdays. The vans should have scheduled runs and specified stops. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all local students. (Condition #8) EXHIBIT "A" Guadalupe: Mitigat Measures All special events (excluding athletic events) to be held on the campus will require previous approval by the Town Council, and requests for these events shall be submitted no less than 90 days in advance. Special event attendees shall use vans supplied by the college for transportation to and from the site. Park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of special event attendees. (Condition #9) 3.2 VISUAL QUALITY Impact Visibility of cut and fill slopes created for access roadway. (Section 3.2 - EIR) Litigation Cut and fill slopes shall be graded to minimize visual effects, yet retain necessary stability. Cut and fill slopes shall not be steeper than 2.1, except where steeper slopes in competent bedrock are feasible. Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. (Condition #15) Revegetation of the altered landforms should be implemented immediately after completion of grading, dative plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accordance with Soil Conservation Service and Loma Prieta Resource Conservation District recommendations. (Condition #16) Trees removed due to grading should be replaced with similar species as soon as possible, at the rate of three 15- gallon trees for each one removed. where practical, mature trees should be preserved. (Condition #17) Derming and landscaping around the proposed parking area should be designed to decrease the visibility of the lot as viewed from the north or south. (Condition #18) Impact Visual impact of existing large white buildings against natural hillside environment. (Section 3.2 - EIR) Mitigation ✓ T� existing buildings shall be repainted and/or landscaped to blend more harmoniously into the hillside, to the satisfaction of the Planning Director. (Condition #13) Guadalupe: Mitigati Pleasures Impact Visual impact from outdoor night lighting. (Section 3.2 - EIR) Mitigation The source of outdoor lighting shall not be visible from off the property. Light standard heights shall be minimized and the source shielded and directed downward on the subject area only. Lighting standards and shielding devices should be designed by a licensed engineer. Lighting shall feature a maximum 70 watt high pressure sodium fixture. (Condition #30) 3.3 GEOLOGY Impact Nigh probability that the project area would experience the seismic hazard of ground shaking during the design life of the project structures and roadways. (Section 3.3 - EIR) Mitigation An evaluation of existing buildings shall be conducted by a structural engineer to determine effectiveness of existing structures to resist lateral forces, including structural analysis and visual observation of structures to determine any existing structural damage or defects or major deficiencies. Recommendations should be made for necessary structural repair and modification or alteration to buildings to make the buildings reasonably safe in the event of a moderate or major earthquake, to the satisfaction of the Building Official. (Condition #14) A soils and geotechnical report shall be prepared which provides specific criteria and standards governing site grading, drainage, erosion control, roadway construction, and retaining wall design, to the satisfaction of the Town Engineer. A registered Civil Engineer specializing in soils mechanics shall be included in the group that prepares this report. The soils and geotechnical report shall include a complete sub - surface geotechnical study to precisely determine the exact location and extent of all areas of potential instability as evidenced by existing landslides on the property, to the satisfaction of the Town Engineer. (Condition #53) Impact Primary geotechnical risk to the project is the stability of cut and fill slopes of the proposed access roadway. (Section 3.3 - EIR) Mitigation Cut and fill slopes shall be graded to minimize visual effects, yet retain necessary stability. Cut and fill slopes shall not be steeper than 2:1, except where steeper slopes in competent bedrock are feasible. Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. (Condition #15) -3- Guadalupe; Mitigat' Measures Unstable rock outcrops shall be removed from slopes. (Condition #19) Overall grading shall be kept to a minimum, particularly in steep areas or where there is a history of instability. High, steep -cut slopes and sidehill fills shall be avoided. (Condition #20) Where feasible, cut slopes shall be benched and fill slopes shall be keyed into stable natural ground to further reduce potential slope stability impacts. (Condition #21) All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections shall be coordinated with regular Town inspections. Soils engineer shall prepare periodic reports and a final geotechnical report, to the satisfaction of the Town Engineer and in accordance with Ordinance No. 1647 of the Town of Los Gatos. (Condition #,59) No grading or earth disturbing activities shall be allowed between October 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan shall be required to be instituted by October 1 and maintained throughout the October 1 to April 15 period, to the satisfaction of the Town Engineer and in conformity with the Town's Grading, Drainage and Erosion Control Ordinance (Ordinance No, 1647). (Condition #55) Storm drainage from the roadway shall be routed into the natural drainage channels existing along the hillslopes. Storm water from a large area shall not be allowed to concentrate at one drainage point and flow down a hillslope. (Condition #23) Parking lot and roadway paving on fill shall be designed with proper subgrade compaction and adequate base and paving thicknesses. (Condition #24) Impact The extensive grading required for the access roadway could result in potentially significant erosion and consequent water quality impacts. (Section 3.3 - EIR) .litigation No grading or earth disturbing activities shall be allowed between October 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan shall be required to be instituted by October 1 and maintained throughout the October 1 to April 15 period, to the satisfaction of the Town Engineer and in conformity with the Town's Grading, Drainage and Erosion Control Ordinance (Ordinance No. 1647). (Condition #55) -4- Guadalupe: Mitigate Measures Storm drainage from the roadway shall be routed into the natural drainage channels existing along the hillslopes. Storm water from a large area shall not be allowed to concentrate at one drainage point and flow down a hillslope. (Condition #23) Jute matting should be placed on cut and fill slopes to control erosion until the plants are established, to the satisfaction of the Town Engineer. (Condition #29) Filling of the hillsides or ravines shall not be allowed as a method of disposal of excess roadway excavation. A separate plan shall be submitted providing for the routes and ultimate destination of disposal of all exported earth material (including the environmental effects of the offhaul), to the satisfaction of the Town Engineer. (condition #54) A downstream drainage capacity study shall be prepared by a hydraulic engineer indicating impacts on any drainage course or system and capacity of the downstream system and improvements needed for such systems or the portion thereof affected by the watersheds included in this proposal to the satisfaction of the Town Engineer, Santa Clara Valley Water District, and Santa Clara County. The drainage study shall include an estimate of the effects of sediment transport and deposition on the open channel and piped systems of the Town and Lexington Reservoir watershed. (Condition #49) All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections shall be coordinated with regular Town inspections. Soils engineer shall prepare periodic reports and a final geotechnical report, to the satisfaction of the Town Engineer and in accordance with Ordinance No. 1647 of the Town of Los Gatos. (Condition #59) The clearing of existing vegetation should be confined within the limits of actual earthwork. (Condition #26) 3.4 BIOLOGY Impact Disturbance or removal of mature oak, bay and eucalyptus trees as well as shrubs and ground cover for the construction of the access roadway. (Section 3.4 - FIR) -5- Guadalupe Mitigat' Measures Impact Mitigation Damage to oak trees during any development shall be minimized by the Following construction practices. a. Adequate drainage for trees shall be provided by ensuring that excessive moisture is not trapped by fill materials or sections of the roadway constructed downhill from the trees. If such obstructions occur, French drains or gravel and porous tile shall be provided to lead water away from the root crown. b. Any underground utility lines to be installed within the driplines of existing trees shall be hand - trenched. (Condition #31) Prior to any 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. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. (Condition #32) Revegetation of the altered landforms should be implemented immediately after completion of grading. Native plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accordance with Soil Conservation Service and Loma Prieta Resource Conservation District recommendations. (Condition #16) Construction of access roadway would have immediate and long range disruptive effects upon the wildlife resources in the project area. (Section 3.4 - EIR) Mitigation Construction activities should be as limited in areal extent as is feasible to minimize wildlife habitat disturbance. (Condition #34) Impact Impact of roadway construction on the Metcalf Canyon Jewel Flower, a sensitive species listed as Category 2 in the Federal Register of Endangered and Threatened Wildlife and Plants. (Section 3.4 - EIR) Mitigation XTI— disturbed land areas shall be reseeded with the Metcalf Canyon Jewel Flower after completion of construction. (Condition #35) M Guadalupe: Mitigate Measures 3.5 ARCHAEOLOGY Impact Although from studies conducted, it does not appear that significant cultural resources exist, the possibility of finding prehistoric archaeological traces during construction does exist. (Section 3.5 - EIR) Mitigation In the event that prehistoric archeological traces are encountered during construction, all construction within a fifty meter radius of the find shall be stopped, the Planning Director notified, and a qualified archaeologist retained to examine the find and recommend mitigations as necessary. (Condition #36) 3.6 NOISE Impact Noise generated from construction activity and equipment. (Section 3.6 - EIR) Mitigation All— construction related vehicles and equipment shall be properly muffled. (Condition #38) Construction activities at the project site shall be restricted tc weekdays and to the hours of 8:00 a.m. to 6:00 p.m, on the north side of the ridge to minimize disturbance to local residents. Hours of construction on the south side of the ridge shall be limited to 7 :00 a.m, to 7:00 p.m, weekdays, and on -site activities only (no off -haul of materials) may occur on Saturdays. (Condition ;#39) The public (especially within a few hundred feet of construction activities) shall be informed of proposed construction timelines to minimize potential annoyance related to construction noise. (Condition #40) For the Alma Bridge Road alternative access roadway, trucks and other construction vehicles shall avoid, to the extent possible, residential streets. (Condition #37) -7- Guadalupe: Mitigate Measures Impact Sound levels generated by on -site athletic events (limited to volleyball and tennis). (Section 3.6 - EIR) Mitigation Outdoor athletic events shall be limited to daytime hours. Until the interchange serving Alma Bridge Road is completed, participants and spectators of intermural events shall use vans for transportation to and from the site. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all participants and spectators. (Condition #42) A public address system shall not be used unless required for special events, and in that case shall be designed to minimize sound transmission from the college property. (Condition #43) Impact Additional noise created by traffic on the access roadway. (Section 3.6 - EIR) Mitigation ATI deliveries will be limited to the hours of 10.00 a.m. to 2:00 p.m., Monday through Friday. This condition expires upon the completion of the interchange serving Alma Bridge Road. (Condition #10) To reduce noise levels, the following measures shall be applied by the Police Department: Enforce motor vehicle code (especially regarding mufflers). Enforce vehicle speeds at the posted limit. (Condition #44) To minimize noise and vibration associated with the roadway surface, the surface shall be maintained and repaired as smooth as feasible. (Condition #41) -8-