1989-115-Approval Of A One Year Time Extension To Previous Approvals Granted To Permit A Private School Within Existing School Facilities, Approving The Extension And Modifying The Conditions Of ApprovalRESOLUTION NO: 1989 -115
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL
OF PLANNING COMMISSION APPROVAL OF A ONE YEAR TIME
EXTENSION TO PREVIOUS APPROVALS GRANTED TO PERMIT A
PRIVATE SCHOOL (UNIVERSITY LEVEL) WITHIN EXISTING SCHOOL
FACILITIES, APPROVING THE EXTENSION AND MODIFYING
THE CONDITIONS OF APPROVAL
WHEREAS:
A. Douglas Lincoln has appealed a decision of the Planning Commission
as follows: approval of a one year time extension of previous approvals
granted to permit a private school (University Level) within existing school
facilities on property located at 17975 Foster Road by property owner Kang Ming
He (Conditional Use Permit Application U- 84 -6B); and
B. A public hearing was held by the Town Council on November 7, 1988
December 19, 1988, February 6, 1989, April 3, 1989 and May 15, 1989; and
C. On April 28, 1989 the Superior Court of Santa Clara County held
that there was not substantial evidence to require a supplement to the
Environmental Impact Report previously certified as complete by the Town
Planning Commission on April 9, 1986.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission
decision to grant the time extension of the conditional use permit without
modifying any of the conditions was in error as follows:
1. The Council has new information that was not available to the
Commission.
2. Even though some of the "new information" was presented at the
Commission's public hearing, the Commission had neither the
resources nor the time to confirm the information that was
presented. The Commission was required to act before October 6,
1988 by Section 5.30.150 of the Zoning Ordinance.
B. The Town Council hereby further makes the following findings
pursuant to Town Zoning Ordinance Section 5.30.150:
1. No evidence or testimony was presented before the Planning
Commission or the Town Council that there is any legal impediment
to granting a new application for the same approval.
2. New facts concerning the proposed project have been presented as
set forth below and the conditions originally applied and new
conditions to be applied are hereby adapted to the new facts:
a. Since the approval of the conditional use permit in October
1986, the Midpeninsula Open Space District preserve located
adjacent to Applicant's property has been opened to the public
for recreational uses. The building of a public road 30 feet
in width on that property is inconsistent with the public
usage given the new information about the feasibility of
another access route to the Applicant's property from Highway
17. (See Conditions 4, 7, 8, 13, 18 and 20).
b. Evidence and testimony presented to the Town Council by the
Citizens for the Preservation of Saint Joseph's Hill and the
Consultant retained by the Town to analyze the feasibility of
the Limekiln alternative access road have provided the Town
Council with sufficient information to conclude that the
Limekiln alternative is feasible and that an 18 foot private
access road along that alternative alignment is appropriate.
(See Conditions 18, 20 and 48).
c. The Los Gatos area is experiencing the third year of drought
conditions and modification of the conditions is necessary.
(See Conditions 24, 37 and 59).
d. Since the granting of the conditional use permit in 1986, the
Town has developed more protective tree standards to provide
for the preservation of trees within the Town. (See Condition
62).
e. Evidence was presented that asbestos is present in the
serpentine rock located along the Alma Bridge Route road bed.
The Limekiln alternative road route also traverses serpentive
rock. (See Condition 28).
f. In 1987 the County determined to undertake a feasibility study
of the alternatives analysis of interchange locations for the
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Lexington Interchange and environmental studies related
thereto. The burden of traffic impact from Applicant's
projects justifies his participation in the alternative
analysis and environmental studies. (See Condition 16).
g. By letter dated October 31, 1988 CalTrans indicated that no
mitigation measure other than an interchange would mitigate
the significant environmental impact CalTrans had identified
in the EIR. Recent CalTrans information indicates an
interchange will not be completed until 1995. Therefore,
original condition 3 has been modified. (See Condition 17).
h. Testimony presented during the public hearing indicated that
some of the storm drain facilities as designed for the Alma
Bridge alternative would increase the chances of erosion
rather than prevent it. (See Conditions 29, 30, 31 and 48).
i. The review of Applicant's final plans for the previously
approved Alma Bridge road alignment indicated significant
changes from the road studied in the EIR. Instead of removal
of 110,000 cubic yards of soil, current engineering plans show
removal of 44,000 cubic yards, using the remainder to increase
fill contrary to conditions of approval; removal of 466 trees
instead of between 77 and 90 trees; and significant visual
impact because the crowns of trees located on the downhill
slope would no longer screen the road due to the increased
fill along the edge of the road. (See Conditions 18 and 20).
C. The Town Council hereby further finds that since Zoning Ordinance
Section 5.30.150 limits time extensions to one year or less, due to the amount
of time that has transpired since the decision of the Planning Commission, it
is appropriate for the Council to uphold the Commissions grant of time
extension from October 1988 to October 1989 and consider the extension for an
additional year to 1990.
D. The Town Council hereby further finds that each identified
significant environmental impact identified in the Environmental Impact Report
can be mitigated as set forth in Exhibit A attached hereto except for the
necessary changes or alterations with respect to the intersection of Alma
Bridge Road and Highway 17. The intersection is within the jurisdiction of the
State Department of Transportation (CalTrans) and the Town has no authority
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over said intersection. Condition 17 is intended to mitigate the identified
impact; however, if the condition does not, then the Town Council hereby makes
the following statement of overriding considerations: the Town has balanced
the benefits of the project against its unavoidable environmental risk and has
determined that the adverse environmental effects are acceptable for the
following reasons:
1. A college operating under the terms of the approvals granted under
this application is the preferred use for the site and the Town
wants to encourage that use to proceed.
2. CalTrans has plans to improve the intersection and the Town
reasonably believes that those plans will be carried out
especially if the college assists in the studies with the
contribution required by Condition #16.
3. Foster Road is currently the only vehicular access to the site.
Foster Road is a hillside road substandard as to width, pavement
surface, grade and curve radii. In addition, traffic using Foster
Road must use Loma Alta or Alpine to access Main Street /Los Gatos
Boulevard. These are both residential streets which cannot
accommodate additional traffic. The intersection of Los Gatos
Boulevard and Saratoga Avenue which would be the most logical
route from Highway 17 to the College is operating at a level of
service that exceeds its capacity. In allowing the use of the
site as a college, the Town is committed to keeping traffic off
Foster Road because of the adverse impacts that traffic would
cause on that road and the streets leading to Foster Road. In
order to accomplish this the traffic must be diverted onto an
alternative access road which will intersect with Highway 17 as
specified in the Town's General Plan and the Hillside Specific
Plan.
4. Recognizing the safety problems relating to the Highway 17 /Alma
Bridge Road intersection, the Town included Conditions 6, %, 8, 9,
10 and 42 in the original approval, (now Condition 5, 6, 8, 9, 10
and 13) but these were not sufficient to mitigate the safety
impact without Condition 3 (now Condition 1 7).
E. The Town Council hereby makes the following findings as required
by Section 5.20.210 of the Town Zoning Ordinance for the granting of a
Conditional Use Permit:
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1. The proposed uses of the property are essential or desirable to
the public convenience or welfare because the proposed college
will be using an existing facility and it is consistent with the
original use of the property.
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 76 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.
4. The proposed uses of the property are in harmony with the various
elements or objectives of the General Plan and the purposes of the
Zoning Ordinance in that a college is a conditional use in the HR
zone and the 76 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.
F. Based on the foregoing findings, the appeal is hereby denied and
the extension of Conditional Use Permit U -84 -6B is hereby granted as modified
until October 6, 1990 with the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. No additional buildings may be constructed on the site.
2. Access to the college must be from Highway 17, and not from
College Avenue or Foster Road.
3. The College will be limited to a maximum of:
400 students
30 faculty members
17 staff members
4. On -site parking lots shall not be larger than necessary to
accommodate 50 vehicles for the faculty, staff, and vans.
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Off -site park and ride lots shall be provided to accommodate any
vehicles that cannot be parked on -site.
5. Students will not be permitted to own, lease, or borrow any
automobile for use on the site.
6. The college will implement policies that discourage on -site
visitation until such time as the interchange serving Alma Bridge
Road is completed.
%. The location of Park and Ride lots shall be approved prior to any
certificates of completion being granted or occupancy of the
college. Park and Ride lots shall not be located along Alma
Bridge or Limekiln Roads.
8. Students shall use vans supplied by the college for transportation
to and from the site. 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.
10. 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.
Deliveries shall not be made via Foster Road either before or
after construction of the Lexington interchange.
11. The existing buildings shall be repainted and /or landscaped to
blend more harmoniously into the hillside.
12. 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. The property owner is
responsible for payment of all costs associated with compliance
with this condition.
13. Outdoor athletic events shall be limited to daytime hours.
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.
14. 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.
15. 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 require Architecture and Site
approval.
TO THE SATISFACTION OF THE TOWN ENGINEER:
16. Ten thousand dollars shall be paid to the County of Santa Clara to
help defray the cost of the environmental and design studies for
the Lexington interchange.
17. 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 EIR. Based on the October 31, 1988 response from
CalTrans, which is the responsible agency, the applicant is not
required to provide for the construction of improvements to the
intersection of Highway 17 and Alma Bridge Road, but shall be
required to indemnify the Town for any accidents arising out of
the college's use of the intersection. However, indemnification
of the Town is not required if CalTrans determines that the
traffic limitations made by the Town in conditions 3, 4, 5, 6, 7,
81 91 10 and 13 have adequately mitigated the traffic safety
impacts on the Highway 17 /Alma Bridge intersection as identified
in the Environmental Impact Report.
18. The access road to the College shall be along one of the Limekiln
alignments as shown on Exhibit B.
19. The access road shall remain a private road and the college will
indemnify the Town against any damages due to road failure.
20. The access road regardless of its alignment shall conform to the
following criteria:
- The grade of the road shall not exceed 15 percent except that
portions of the road may reach 20 percent grade for distances
not exceeding 300 lineal feet.
- There shall be minimum grading, and the graded slopes shall be
stabilized with retaining structures such as crib walls,
Tensar, Hilfiker or Loffelstein methods.
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There shall be adequate provision for drainage.
- The minimum paved width shall be 18 feet except where wider
pavements for sharp curves and turnouts are required.
Clear sight and safe stopping sight distances shall be
provided as much as possible given the configuration of the
road.
21. The property owner shall dedicate by easement to the Town and
Midpeninsula Regional Open Space District as permanent open space,
all lands not currently occupied by buildings or parking. The
easement shall include provisions for a trail consistent with the
Town's trail plan.
22. 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. 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.
23• Unretained cuts and fills shall be graded to minimize visual
effects, yet retain necessary stability. Cut and fill slopes
shall not be steeper than 2:1, except where the following
exceptions apply:
(1) Where steeper slopes in competent bedrock are feasible.
(2) Graded or benched slopes should be used when possible to
lessen the mass graded appearance which would exist with
straight cut grading.
24. 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. A detailed vegetation plan should be developed
before initiation of grading. The plan should include plant
species, types of materials, (seed, one - gallon plant), planting
techniques, planting densities, and watering techniques. A
five -year establishment period is required. Criteria for success
of the plan should be set. A monitoring program to determine
success over the five -year establishment period will be developed
and a contingency plan developed upon the failure of the
revegetation plan.
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25. Unstable rock outcrops shall be removed from slopes.
26. 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.
27. Where feasible, cut slopes shall be benched and fill slopes shall
be keyed into stable natural ground to further reduce potential
slope stability impacts.
28. If serpentine deposits are encountered within the proposed
grading limits, then a thorough investigation shall be conducted
to confirm the presence of asbestos. If asbestos is found to be
present, then a Health and Safety Program with an appropriate Air
Monitoring Program shall be provided by a certified industrial
hygienist.
29. During and after the construction period, all excavated slopes
shall be provided with lined interceptor ditches at the top of
the slope and along intermediate benches. The benches shall
carry surface runoff away from the slope at a gradient of 2% to
5% to a suitable retention area. Vertical intervals of slope
benching will be determined at time of project design.
30. 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 outfall point and flow down a hillslope. Storm drain
outfalls shall not be located on slopes that are not natural
drainage channels.
31. Energy dissipating structures and erosion control devices shall
be placed at all drainage outlets which discharge into natural
channels. Storm drainage outlets shall not be located where
storm discharge will adversely impact any downhill property.
32. Parking lot and roadway paving on fill shall be designed with
proper subgrade compaction and adequate base and paving
thicknesses.
33• Incremental development shall be required to ensure that the
amount of land cleared at any time is limited to the area that
can be developed during one construction period.
34. The clearing of existing vegetation shall be confined within the
limits of actual earthwork.
35• Jute matting should be placed on cut and fill slopes to control
erosion until the plants are established.
36. 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.
37. A five -year landscape maintenance contract shall be established
for the protection of existing and newly planted landscaping
within proximity to roadway construction.
38. Construction activities shall be as limited in area /extent as is
feasible to minimize wildlife habitat disturbance.
39• For the access roadway construction, trucks and other
construction vehicles shall avoid residential streets unless
specific approval is given by the Town Engineer.
40. All construction related vehicles and equipment shall be properly
muffled.
41. 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 construction on the south side of the ridge
shall be limited to 7:00 a.m. to 7:00 p.m., weekdays, and
Saturdays. Except on Saturdays, construction is limited to
on -site activities. No off -haul of materials is permitted on
Saturdays.
42. 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.
43. To minimize noise and vibration associated with the roadway
surface, the surface shall be maintained and repaired as smooth
as feasible.
44. 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.
45. Applicant shall submit plans for final grading, roadway design
geometrics, drainage, interim and final erosion control,
landscaping, on -site lighting, parking lot lighting and roadway
lighting.
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46. The following improvements shall be guaranteed by contract and
bond:
a. Drainage improvements as determined by the downstream drainage
capacity study as discussed under Condition X47. System
improvements may include piping, manholes, energy dissipators,
etc. as required.
b. Water System Improvements in order to meet fire flow, quantity
and duration, also to the satisfaction of the Central Fire
District.
c. Foster Road. Terminus and turnaround improvements at Foster
Road including emergency access gate, paving, etc. as required.
Gate locking and access mechanisms shall also be to the
satisfaction of the Los Gatos Police Department and Central Fire
District.
d. Intersection Improvements on the existing roadway 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.).
47. 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 also to the satisfaction of
the 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.
Mitigations of impacts identified in the capacity study shall be
incorporated into the improvement plans of the project.
48. A Grading Permit and Bonds for Excavation and Grading shall be
provided. The work included within the Grading Permit shall
include grading, site development, drainage improvements
(including catch basins, pipes, energy dissipators, lined
drainage swales, drain inlets, channel improvements, and
cleaning, etc.), interim and final erosion control measures,
roadway improvements, signing, striping, reflectorization,
lighting, metal beam guardrails and other items as required. The
width of the paved traveled way shall be 18 feet wide within a 21
foot wide roadway prism. Drainage improvements to be set within
the 21 foot width. Roadway widenings shall be made at any
roadway curve of small radius; at any required turnout and at any
intersection. Lined swales and /or asphalt concrete berms shall
be constructed at the outside edges of the shoulders.
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49. 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.
50. 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).
51. 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, in conformity with
the Town's Grading, Drainage and Erosion Control Ordinance
(Ordinance No. 1647).
52. 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.
53• Water trucks and other dust control measures shall be
continuously employed during the period of roadway construction.
54. No disruption of public utilities or public utilities serving
private residences shall be allowed by the applicant during the
period of construction.
55• 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, in accordance with Ordinance No. 1647 of the
Town of Los Gatos.
56. Any work in the public right -of -way will require an Encroachment
Permit.
57. The Town Engineer shall have the sole authority to stop any
operation at any time during any phase of the project as the Town
Engineer deems necessary to resolve any design or construction
issue that will impact public health and safety, and in this
regard the Town Engineer's decision shall be final and the cost
shall be borne by the applicant.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES:
58. A landscape plan shall be submitted for all new and existing
parking lots.
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59. 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. Criteria for the success of the tree planting will be
prepared as part of the revegetation plan. Maintenance
techniques for care of the trees over the five -year establishment
period will be included along with watering techniques. A
monitoring plan on tree survival will also be necessary.
60. Berming and landscaping around the proposed parking area should
be designed to decrease the visibility of the lot as viewed from
the north or south.
61. 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.
62. 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.
C. Protect tree trunks near construction against damage with
protective jackets.
TO THE SATISFACTION OF THE CHIEF BUILDING OFFICIAL:
63. 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.
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TO THE SATISFACTION OF THE POLICE CHIEF:
64. The college shall employ a full time campus security director
whose primary responsibility is the security and safety of campus
facilities, staff and students. It is preferred that the
security director be a separate position, but duties may be
combined with the position of someone such as a facilities
manager (but not teaching faculty or administrative personnel).
The Police Department is available to assist in the selection of
the security director as well as the setup of operational
procedures.
TO THE SATISFACTION OF THE FIRE CHIEF:
65. Because of the height, size and square footage of the structures,
and because 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.
66. 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 prior to occupancy.
67. The existing fire alarm, standpipe and other life safety features
must be surveyed in order to determine exact requirements, prior
to occupancy.
68. Any gates to the facility shall be equipped with a "Medeco"
locking device, prior to occupancy.
69. The fire safety and exit system for the facility has never been
completed and shall be brought up to current code, prior to
occupancy.
TO THE SATISFACTION OF THE TOWN ENGINEER AND THE DIRECTOR OF PARKS, FORESTRY
AND MAINTENANCE SERVICES:
70. Any earth disturbed by construction activities shall be mulched
and planted with drought resistant native vegetation before the
start of winter seasonal rains.
71. All disturbed land areas shall be reseeded with the Metcalf
Canyon Jewel Flower after completion of construction.
72. Prior to the approval of any final plans for access roadway
alignment between 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.
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TO THE SATISFACTION OF THE TOWN ENGINEER AND TOWN ATTORNEY:
73. All public utility and /or open space easements or fee title
dedications to the Town and /or to the Midpeninsula Regional Open
Space District shall be completed prior to the issuance of any
permits.
74. A valid policy of Errors and Omissions Insurance and Public
Liability Insurance shall be provided on behalf of the public
officials and staff of the Town of Los Gatos.
TO THE SATISFACTION OF THE POLICE CHIEF AND DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
75. Shrubbery between the buildings and proposed parking lot to be
removed to allow view of parking lot from the buildings.
GENERAL CONDITION:
76. 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 the permit
be held invalid or be modified, other than by the Town Council,
the permit shall be null and void.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 19 day of June
1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferri
Robert L. Hamilton. Brent N. Ventura
Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED: $4R ✓
MAYU OF THE TOWN OF LOS CUrOS
ATTEST:
CLERK OF THE TOWN OF LOS GA7) S
t
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EXHIBIT A
PROJECT: CONDITIONAL USE PERMIT APPLICATION U -84 -6
SIGNIFICANT ENVIRONMENTAL IMPACTS LISTED WITH MITIGATION MEASURES AND
MONITORING PROGRAM
1. TRAFFIC
A. 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
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 EIR. Based on the
October 31, 1988 response from CalTrans, which is the responsible
agency, the applicant is not required to provide for the construction
of improvements to the intersection of Highway 17 and Alma Bridge
Road, but shall be required to indemnify the Town for any accidents
arising out of the college's use of the intersection. However,
indemnification of the Town is not required if CalTrans determines
that the traffic limitations made by the Town in conditions 3, 4, 5,
6, 7, 8, 9 and 12 have adequately mitigated the traffic safety impacts
on the Highway 17 /Alma Bridge intersection as identified in the
Environmental Impact Report. (Condition #17)
Assigned to: Town Engineer
Time of performance: Prior to issuance of Building Permit
B. impact
Impact from construction vehicles on the surrounding area. (Sec. 3.1
- EIR)
Mitigation
Construction activities shall be as limited in area /extent as is fea-
sible to minimize wildlife habitat disturbance. (Condition #38)
Assigned to: Town Engineer
Time of performance: During time of construction
C. 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)
-1- EXHIBIT A
Mitigation
The college will be limited to a maximum of:
400 students
30 faculty members
17 staff members (Condition #3)
On -site parking lots shall not be larger than necessary to accommodate
50 vehicles for the faculty, staff, and vans. Off -site park and ride
lots shall be provided to accommodate any vehicles that cannot be
parked on -site. (Condition #4)
Students will not be permitted to own, lease, or borrow any automobile
for use on the site. (Condition #5)
The College will implement policies that discourage on -site visitation
until such time as the interchange serving Alma Bridge Road is com-
pleted. (Condition #6)
The location of Park and Ride lots shall be approved prior to any
certificates of completion being granted or occupancy of the college.
Park and Ride lots shall not be located along Alma Bridge or Limekiln
Roads. (Condition #7)
Students shall use vans supplied by the college for transportation to
and from the site. 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)
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 col-
lege for transportation to and from the site. Park and ride lot(s)
shall have sufficient spaces reserved to accommodate vehicles of spe-
cial event attendees. (Condition #9)
Assigned to: Planning Director
Time of performance: Before occupancy and ongoing. The applicant
shall provide verification to the Town on an annual basis that these
measures are being performed.
2. VISUAL QUALITY
A. Impact
Visibility of cut and fill slopes created for access roadway.
(Section 3.2 - EIR)
-2- EXHIBIT A
Mitigation
The access road to the College shall be along one of the Limekiln
alignments as shown on Exhibit B. (Condition #18)
The access road regardless of its alignment shall conform to the fol-
lowing criteria:
- The grade of the road shall not exceed 15 percent except that
portions of the road may reach 20 percent grade for distances not
exceeding 300 lineal feet.
- There shall be minimum grading, and the graded slopes shall be
stabilized with retaining structures such as crib walls, Tensar,
Hilfiker or Loffelstein methods.
- There shall be adequate provision for drainage.
- The minimum paved width shall be 18 feet except where wider
pavements for sharp curves and turnouts are required.
- There shall be adequate clear sight and stopping sight distances,
throughout the project. (Condition #20)
Unretained cuts and fills shall be graded to minimize visual effects,
yet retain necessary stability. Cut and fill slopes shall not be
steeper than 2:1, except where the following exceptions apply:
(1) Where steeper slopes in competent bedrock are feasible.
(2) Graded or benched slopes should be used when possible to lessen
the mass graded appearance which would exist with straight cut
grading. (Condition #23)
Revegetation of the altered landforms should be implemented immediate-
ly 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 accor-
dance with Soil Conservation Service and Loma Prieta Resource Conser-
vation District recommendations. A detailed vegetation plan should be
developed before initiation of grading. The plan should include plant
species, types of materials, (seed, one - gallon plant), planting
techniques, planting densities, and watering techniques. A five -year
establishment period is required. Criteria for success of the plan
should be set. A monitoring program to determine success over the
five -year establishment period will be developed and a contingency
plan developed upon the failure of the revegetation plan. (Condition
#24)
The clearing of existing vegetation shall be confined within the
limits of actual earthwork. (Condition #34)
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
tree that is removed. Where practical, mature trees should be pre-
served. (Condition #59)
-3- EXHIBIT A
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. (Condition #60)
Assigned to: Town Engineer
Time of performance: Prior to issuance of grading permits occupancy
certificate.
B. Impact
Visual impact of existing large white buildings against natural
hillside environment. (Section 3.2 - EIR)
Mitigation
The existing buildings shall be repainted and /or landscaped to blend
more harmoniously into the hillside. (Condition #11)
Assigned to: Planning Director
Time of performance: Prior to issuance of occupancy certificate
C. Impact
Visual impact from outdoor night lighting. (Section 3.2 - EIR)
Mitigation
The source of outdoor lighting shall not be visible from off the prop-
erty. 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 engi-
neer. Lighting shall feature a maximum 70 watt high pressure sodium
fixture. (Condition #36)
Assigned to: Town Engineer
Time of performance: Prior to issuance of occupancy certificate.
3. GEOLOGY
A. Impact
High 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. (Condition #63)
-4- EXHIBIT A
A soils and geotechnical report shall be prepared which provides spe-
cific criteria and standards governing site grading, drainage, erosion
control, roadway construction, and retaining wall design, to the sat-
isfaction 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 extend of all areas of potential instability as
evidenced by existing landslides on the property. (Condition #22)
Assigned to: Building Official and Town Engineer
Time of performance: Prior to issuance of grading permits and
occupancy certificate
B. 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:
The access road regardless of its alignment shall conform to the fol-
lowing criteria:
- The grade of the road shall not exceed 15 percent except that
portions of the road may reach 20 percent grade for distances not
exceeding 300 lineal feet.
- There shall be minimum grading, and the graded slopes shall be
stabilized with retaining structures such as crib walls, Tensar,
Hilfiker or Loffelstein methods.
- There shall be adequate provision for drainage.
- The minimum paved width shall be 18 feet except where wider
pavements for sharp curves and turnouts are required.
- There shall be adequate clear sight and stopping sight distances,
throughout the project.
Unretained cuts and fills shall be graded to minimize visual effects,
yet retain necessary stability. Cut and fill slopes shall not be
steeper than 2:1, except where the following exceptions apply:
(1) Where steeper slopes in competent bedrock are feasible.
(2) Graded or benched slopes should be used when possible to lessen
the mass graded appearance which would exist with straight cut
grading. (Condition #23)
Unstable rock outcrops shall be removed from slopes. (Condition #25)
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 #26)
-5- EXHIBIT A
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 #27)
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, in accor-
dance with Ordinance No. 1647 of the Town of Los Gatos. (Condition
#55)
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 plan shall be re-
quired to be instituted by October 1 and maintained throughout the
October 1 to April 15 period, in conformity with the Town's Grading,
Drainage and Erosion Control Ordinance (Ordinance No. 1647).
(Condition #51)
During and after the construction period, all excavated slopes shall
be provided with lined interceptor ditches at the top of the slope and
along intermediate benches. The benches shall carry surface runoff
away from the slope at a gradient of 2% to 5% to a suitable retention
area. Vertical intervals of slope benching will be determined at time
of project design. (Condition #29)
Parking lot and roadway paving on fill shall be designed with proper
subgrade compaction and adequate base and paving thicknesses.
(Condition 032)
Assigned to: Town Engineer
Time of performance: During construction
C. Impact
The extensive grading required for the access roadway could result in
potentially significant erosion and consequent water quality impacts.
(Section 3.3 - EIR)
Mitigation
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 period, in conformity with the Town's Grading, Drainage and
Erosion Control Ordinance (Ordinance No. 1647). (Condition #51)
-6- EXHIBIT A
During and after the construction period, all excavated slopes shall
be provided with lined interceptor ditches at the top of the slope and
along intermediate benches. The benches shall carry surface runoff
away from the slope at a gradient of 2% to 5% to a suitable retention
area. Vertical intervals of slope benching will be determined at time
of project design. (Condition #29)
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 outfall
point and flow down a hillelope. Storm drain outfalls shall not be
located on slopes that are not natural drainage channels. (Condition
#30)
Energy dissipating structures and erosion control devices shall be
placed at all drainage outlets which discharge into natural channels.
Storm drainage outlets shall not be located where storm discharge will
adversely impact any downhill property. (Condition #31)
Jute matting should be placed on cut and fill slopes to control
erosion until the plants are established. (Condition #35)
A downstream drainage capacity study shall be prepared by a hydraulic
engineer indicating impacts on any drainage course or system and ca-
pacity of the downstream system and improvements needed for such
systems or the portion thereof affected by the watersheds included in
this proposal also to the satisfaction of the 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. Mitigations of impacts identified in the capacity study
shall be incorporated into the improvement plans of the project.
(Condition #47)
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 dispos-
al of all exported earth material (including the environmental effects
of the offhaul. (Condition #50)
Grading Permit and Bonds for Excavation and Grading shall be provid-
ed. The work included within the Grading Permit shall include grad-
ing, site development, drainage improvements (including catch basins,
pipes, energy dissipators, lined drainage swales, drain inlets, chan-
nel improvements, and cleaning, etc.), interim and final erosion con-
trol measures, roadway improvements, signing, striping,
reflectorization, lighting, metal beam guardrails and other items as
required. The width of the paved traveled way shall be 18 feet wide
with two -foot wide shoulders along each side. Roadway widenings shall
be made at any roadway curve of small radius; at any required turnout
and at any intersection. Lined swales and /or asphalt concrete berms
shall be constructed at the outside edges of the shoulders. (Condition
#48)
-7- EXHIBIT A
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 in accordance
with Ordinance No. 1647 of the Town of Los Gatos. (Condition #55)
The clearing of existing vegetation should be confined within the
limits of actual earthwork. (Condition #34)
Assigned to: Town Engineer
Time of performance: During construction
4. BIOLOGY
A. 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 - EIR)
Mitigation
Revegetation of the altered landforms should be implemented immediate-
ly 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 accor-
dance with Soil Conservation Service and Loma Prieta Resource Conser-
vation District recommendations. A detailed vegetation plan should be
developed before initiation of grading. The plan should include plant
species, types of materials, (seed, one - gallon plant), planting
techniques, planting densities, and watering techniques. A five -year
establishment period is required. Criteria for success of the plan
should be set. A monitoring program to determine success over the
five -year establishment period will be developed and a contingency
plan developed upon the failure of the revegetation plan. (Condition
#24).
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. Criteria
for the success of the tree planting will be prepared as part of the
revegetation plan. Maintenance techniques for care of the trees over
the five -year establishment period will be included along with
watering techniques. A monitoring plan on tree survival will also be
necessary. (Condition #59)
-8- EXHIBIT A
Prior to any building permits being issued, the applicant shall meet
with the Director of Parks, Forestry and Maintenance Services concern-
ing 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 Direc-
tor of Parks, Forestry and Maintenance Services. Such fencing is to
be installed prior to, and be maintained during construction.
(Condition #61)
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.
C. Protect tree trunks near construction against damage with
protective jackets. (Condition #62)
Assigned to: Town Engineer and Director of Parks, Forestry and Mainte-
nance Services.
Time of performance: Protective fencing must be completed prior to the
issuance of a grading permit and building permit and the revegetation
and protection of Oaks shall be ongoing during construction.
B. Impact
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 a real extent as is
feasible to minimize wildlife habitat disturbance. (Condition #38)
Assigned to: Town Engineer
Time of performance: During construction
C. Impact
Impact of roadway construction on the Metcalf Canyon Jewel Flower, a
sensitive species listed as Category 2 in the Federal Register of En-
dangered and Threatened Wildlife and Plants. (Section 3.4 - EIR)
Mitigation
All disturbed land areas shall be reseeded with the Metcalf Canyon
Jewel Flower after completion of construction. (Condition 171)
-9- EXHIBIT A
Assigned to: Town Engineer and Director of Parks, Forestry and Main-
tenance Service
Time of performance: Prior to issuance of occupancy certificate
5. ARCHAEOLOGY
A. 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 qual-
ified archaeologist retained to examine the find and recommend
mitigations as necessary. The property owner is responsible for pay-
ment of all costs associated with compliance with this condition.
(Condition #12)
Assigned to: Planning Director
Time of performance: At the time any archeological traces are
encountered.
6. NOISE
A. Impact
Noise generated from construction activity and equipment. (Section
3.6 - EIR)
Mitigation
For the access roadway construction, trucks and other construction
vehicles shall avoid residential streets unless specific approval is
given by the Town Engineer. (Condition #39)
All construction related vehicles and equipment shall be properly muf-
fled. (Condition #40)
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
construction on the south side of the ridge shall be limited to 7:00
a.m. to 7:00 p.m., weekdays, and Saturdays. Except on Saturdays, con-
struction is limited to on -site activities. (No off -haul of materials
is permitted). (Condition #41)
-10- EXHIBIT A
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 142)
Assigned to: Town Engineer
Time of performance: ongoing during construction. The applicant
shall provide the Town with a copy of construction timelines, date
these timelines were given to surrounding residents, and list of names
to whom the schedule was given.
B. Impact
Sound levels generated by on -site athletic events (limited to
volleyball and tennis). (Section 3.6 - EIR)
Mitioation
Outdoor athletic events shall be limited to daytime hours.
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 #13)
A public address system shall nt be used unless required for special
events and in that case shall be designed to minimize sound transmis-
sion from the college property. (Condition 114)
Assigned to: Planning Director
Time of performance: Ongoing
C. Impact
Additional noise created by traffic on the access roadway. (Section
3.6 - EIR)
Mitigation
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 comple-
tion of the interchange serving Alma Bridge Road. Deliveries shall
not be made via Foster Road either before or after construction of the
Lexington interchange. (Condition #10)
To minimize noise and vibration associated with the roadway surface,
the surface shall be maintained and repaired as smooth as feasible.
(Condition #43)
Assigned to: Planning Director and Town Engineer
Time of performance: The restriction on deliveries shall apply until
the Lexington interchange is constructed. The maintenance of the ac-
cess road shall be ongoing.
PLNOI:TC KIRK
-11- EXHIBIT A
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