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Item 3 - 100 Los Gatos-Saratoga RoadPREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING DATE: 09/12/2018 ITEM NO: 3 DATE: SEPTEMBER 6, 2018 TO: CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE APPLICATION CD-18-003 PROJECT LOCATION: 100 LOS GATOS-SARATOGA ROAD. APN529-06-071. PROPERTY OWNER/APPLICANT: CLAUDIO MARIANI ANDMARIE CHRISTINE PETERSON (CM ONE, LLC). REQUESTING PRELIMINARY REVIEW OF PLANS TO CONVERT SIX EXISTING APARTMENTS TO SIX RESIDENTIAL CONDOMINIUMS IN AN EXISTING MIXED-USE BUILDING ON PROPERTY ZONED O. ROLE OF THE CDAC: The Conceptual Development Advisory Committee (CDAC) advises a prospective applicant on the overall consistency of a project with Town policies prior to submitting a formal application and investing in the development review process. The Committee also endeavors to identify the potential issues that will need to be addressed during the development review process should the applicant wish to submit an application. The issues identified by the Committee are not intended to be all-inclusive and other additional issues may be identified during the formal development review process. None of the Committee's comments are binding on the Town and in no way are they intended to indicate whether the project will be received favorably by the various review bodies that are charged with evaluating and deciding the application. As noted in this memorandum, if an application is filed, technical analysis would need to be done during the evaluation of the proposal. In addition, public input is a required and essential component in the development review process. Notice has been sent to residents and property owners within 300 feet of the project site. In addition to the public comments received at this meeting, all applicants are strongly encouraged to hold neighborhood meetings to receive input as the design of the project evolves should they decide to proceed with the development review process. PAGE 2 OF 4 SUBJECT: 100 LOS GATOS-SARATOGA ROAD / CD-18-003 SEPTEMBER 6, 2018 N:\DEV\CDAC\CDAC MEMO\2018\Los Gatos-Saratoga, 100 - 09-12-18.docx 9/6/2018 11:23 AM PROJECT DESCRIPTION: The applicant has submitted a project description (Attachment 3) and preliminary plans (Attachment 6) for 100 Los Gatos-Saratoga Road, a 16,594-square foot property located at the northeast corner of Los Gatos-Saratoga Road and University Avenue (Attachment 1). The existing parcel is developed with an 11,025 square foot mixed-use building, which includes office space on the ground floor and six rental apartments on the second floor. Key elements of the proposed project, as listed in the project description and on the plans submitted, are as follows: • Conversion of the six rental apartments to residential condominiums; • Increased parking requirements for residential condominiums; • Private open space requirements; and • Community recreation space requirements. EXISTING GENERAL PLAN AND ZONING DESIGNATIONS: 1. General Plan designation: Office Professional, which provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The intent of this designation is to satisfy the community’s need for general business and professional services and local employment. 2. Surrounding General Plan designations: Medium Density Residential to the north, west, and east; and Central Business District to the south. 3. Zoning designation: O (Office) which allows all types of office activities and encourages buildings which are compatible with residential development. The O zone serves as a buffer between commercial and residential development with a minimum of traffic generation, particularly at night. Multiple-family dwellings within a mixed-use project are allowed with an approved Conditional Use Permit (CUP). 4. Surrounding zoning designations: R-1D (Single Family Residential Downtown) to the north; R-1D and RMH (Residential – Mobile Home Park) to the east; C-2 (Central Business District) and R-M:5-12:LHP (Multi-family Residential with a Landmark and Historic Preservation Overlay) across Los Gatos-Saratoga Road to the south; and C-1 (Neighborhood Commercial) to the west. EXISTING CONDITIONS/USE: 1. The existing 16,594-square foot property is developed with an 11,025-square foot mixed-use building, which includes office space on the ground floor and six rental apartments on the second floor. An Architecture and Site application and Conditional Use Permit were approved by the Town Council on July 15, 2002, allowing for the mixed-use development and alternating use of parking. PAGE 3 OF 4 SUBJECT: 100 LOS GATOS-SARATOGA ROAD / CD-18-003 SEPTEMBER 6, 2018 N:\DEV\CDAC\CDAC MEMO\2018\Los Gatos-Saratoga, 100 - 09-12-18.docx 9/6/2018 11:23 AM EXISTING CONDITIONS/USE (continued): 2. The property is located at the northeast corner of Los Gatos-Saratoga Road and University Avenue. 3. Surrounding land uses include single-family to the north and east, and commercial to the south and west. POTENTIAL CONSIDERATIONS AND ISSUES: The following is a brief list of issues and topics for consideration by the CDAC. Staff has not reached conclusions on these topics. Staff is identifying them here to help frame the discussion and to solicit input. The main question for the CDAC is whether or not the applicant’s concept for the project would create a high-quality plan appropriate for Los Gatos in this location. If an application is filed, staff will evaluate the technical issues. 1. Conversion of rental apartments to for sale residential condominiums. a. Whether the proposed conversion appropriate in this location. 2. Open space and recreation space requirements a. The open space requirement for non-ground floor residential condominiums is 120 square feet per unit in the form of a balcony with a minimum horizontal dimension of six feet. At least three of the six existing rental apartments would not meet this requirement (Attachment 6, Sheet 3.0) b. The community recreation space requirement for residential condominiums is 100 square feet per unit. The proposal would meet this requirement. 3. Parking a. Parking requirements increase when converting from rental apartment (1.5 spaces per unit, plus one space per unit for guest parking) to residential condominium (two spaces per unit, plus one space per unit for guest parking). Parking requirements for the office space would not change. The site currently operates an alternating use of parking program under the existing CUP. The number of required spaces is based upon the use which generates the largest demand. Currently, the largest demand is the office space (24 spaces), which would not change under the proposal. As summarized in the table below, the proposal would increase parking demand for the residential condominiums, but the office use would continue to generate the greatest demand. No additional parking would be required. A modification to the existing CUP would be required to recognize the change from rental apartments to residential condominiums and the change in the alternating use of parking program (Attachment 5, Condition 8). PAGE 4 OF 4 SUBJECT: 100 LOS GATOS-SARATOGA ROAD / CD-18-003 SEPTEMBER 6, 2018 N:\DEV\CDAC\CDAC MEMO\2018\Los Gatos-Saratoga, 100 - 09-12-18.docx 9/6/2018 11:23 AM POTENTIAL CONSIDERATIONS AND ISSUES (continued): Summary of Alternating Parking by Use and Time Use Existing Proposed Weekday Weekend Weekday Weekend Before 5:00 PM After 5:00 PM All day Before 5:00 PM After 5:00 PM All day Office Space (6,015 sf) Rate: 1/250 sf 24 0 0 24 0 0 Apartment (6 units) Rate: 1.5/unit, plus 1 guest space/unit 0 15 15 -- -- -- Condominium (6 units) Rate: 2/unit, plus 1 guest space/unit -- -- -- 0 18 18 Bold – Use which generates the largest parking requirement ATTACHMENTS: 1. Location map (one page) 2. CDAC application (one page) 3. Project Description Letter (two pages) 4. Site photos (two pages) 5. Existing Conditional Use Permit - U-01-14 (nine pages) 6. Conceptual Plans (five sheets) Distribution: Claudio Mariani and Marie Christine Peterson (CM Once, LLC), 100 Los Gatos-Saratoga Road, Los Gatos, CA 95032 100 Los Gatos-Saratoga Road 0 0 .25 -------------========================:::::i Miles 0 .125 This Page Intentionally Left Blank ---- APPLICAT ION FOR PROJE CT REVIEW p A ~ D CONCEPTUAL DEVELOPMENT ADVI SORY COMMITTEE TOWN O F LO S GATOS -CO MMU NITY D EVELOPMENT DE PAR T M ENT 110 E. M a in St ., Los Gat os, CA 95030 TOWN OF LOS G, Phone: {408) 3 54 -6874 FAX: (408) 354-7593 W-Z,./1 I.ft-I PLEASE TYPE OR PRINT CLEARLY PROPERTY DETAIL: Address of subject property: 100 Los Gatos-Saratoga Road Zoning O -Office Site Area 0 .38 acres APN 529-06-071 Existing use Mixed Use Building BR IEFLY DESCRIBE PROJ ECT: Proposed Conversion of Six (6) Existing Apartments to Six (6) Residential Condominiums in a m ixed use building(!:11 ,025 sf) on a 0 .38 acre parcel. APPLICANT: NAME Claudio Mariani & Marie Christine Peterson (CM One, LLC) PHONE : (408) 399-7720 ADDRESS 100 Los Gatos-Saratoga Road CITY Los Gatos STATE CA ZIP 95032 ----------------------------- NAM E OF PROPERTY OWNER: {If same as above, check here@) NAME. _______________________ PHONE : ______ _ AODRESS------------------------------- CITY ______________ STATE ________ ZIP _______ _ I hereby certify that I am the owner of record of the property described in Box #2 above, and that I approve of t he action requested herein . SIG NATURE OF OWNER ________________ DATE ______ _ ACK N OWLED GMENT FORM I, the unders igned, fully ack nowledge and understand the Con ceptual Development Advisory Committee is only an advisory body and is not empowered by the Town Council or the Planning Commission to render recommendations or decisions regarding land use issues . I further understand and ac knowledge that any statement by the Co mmittee that a potentia l land use appears consi stent with Town Policy is not an express or implied approval of a development project. A project may be rejected by the Planning Commiss ion and/or Town Council for inconsistency with Town policy or for other reasons in the course of the development review process, including public input. I further understand and ac knowle aJ~bers of the Conceptual Development Advisory Comm it t ee are in no way bound in their future review .of my p oje y~ments at this very prelim inary state of project develijment. SJGNATUREOFOWNER ~-·, /~ t DATE a u~-',?"c>i * * DO NOT WRITE BELOW THI S LINE APPLICAT ION No.C D-\£>-oo;:, :~~~~~T $ 2,~~~·-~ " . I PLANAP 296.60 ( Noticing Deposit) ,_P,:,LP..,,E""R.:.:.M:.:..IT,..__ __ __,5,:.:0..,,,0c:,.0=0 TOTAL FEE .'S~,881.~~ N:\DEV\f<>RMS \Planning\2017-18 Fonns \COA C App/icotlan.doc 7/01/2017 A TTACHMENT l]J \· I ~ , .. This Page Intentionally Left Blank August 6 , 2018 Job No . 5443 .00 Mr. Joel Paulson Community Development Director Town of Los Gatos 119 Main Street Los Gatos , CA 95031 Re : 100 Los Gatos-Saratoga Road Conceptual Development Advisory Committee (CDAC) Review Proposed Conversion of Apartments to Residential Condominiums in an Existing Mi xed-Use Building Dear Joel: RECEIVED AUG O 8 2018 TOWN OF LOS GATOS PLANNING DIVISION On behalf of our clients Claudio Mariani and Marie Christine Peterson, we are requesting a CDAC review of their property located at 100 Los Gatos-Saratoga Road . Claudio and Marie are requesting feedback on the potential request to convert six (6) existing apartment units to residential condominiums in a mixed-use building located at the subject address . Constructed in 2003, the existing two-story mixed-use building (approximately 11,025 square feet) is located on a 0.38-acre lot. The ground floor level houses offices including Claudio and Marie 's interior design business as well as medical and general business offices . The second floor is made up of six apartment units: four (4) one-bedroom units and two (2) two-bedroom units. A subgrade parking garage provides 24 parking spaces . Attached is a plan set that includes a Site Plan, Floor Plans, Parking Garage Plan and Open Space Plan . The conversion of residential rental units to ownership units does cause some Zoning Code(s) compliance issues such as requirements for Parking and Open Space. Parking The requirement for residential condominium units is 2 spaces per unit while the requirement for apartment units is 1.5 spaces per unit. The existing mixed-use project operates on an "Alternating Uses" Parking Program that has operated successfully since 2003. While the Zoning Code Parking Requirement is increased from 9 to 12 spaces with a conversion to ownership, the "Alternating Uses" Parking Program should not be negatively impacted in its operation by the change in unit ownership . Open Space For above ground floor condominium units, the minimum Zoning Code requirements for Open Space states 120 square feet of usable outdoor space is needed in the form such as a balcony with a horizontal dimension of at least 6 feet. The Zoning Code also requ ires at least 100 square feet of Community Recreation Space per unit. Included in the plan set is a diagram that outlines the amount of private open space (balconies) and Community Recreation Space . The ~ll'AC~ 3 4 •. _ · !-.P 22 2L' fa x :1:, . HMHc:1 ·. r Page 2 of 2 plans indicate that the project has over 3 ,000 square feet of Community Open Space which is well above the Zoning Code requirement. Although each unit does have balcony space , not all units meet the minimum dimension or size . Four units comply, and two units are 2, 43 to 59 square feet deficient. We are willing explore some ground floor site plan changes to off-set this deficiency by providing "exclusive use easements" on the ground level open areas to compensate for the three units with a balcony size deficiency. We believe that conversion of the existing apartment units to residential condominiums will create an opportunity to provide ownership housing at a more affordable price point in the Town of Los Gatos. We look forwar_d to meeting with the CDAC in the coming weeks . Please call us with any questions or the need for further information . Sincerely, HMH ~+t~ Ra ~himoto, AICP Pr incipalNice President. CC: Marie Christine Peterson Claudio Mariani -: , ... , • :,..,i;, ...,,,\j. -~/ i "',':1..·i; . "--'--~.-..A,. .. ~~" ,tA,tf>. RECEIVED AUG O 8 2018 TO WN OF LOS GATOS PU\NNING DIVISION CJt>-l 8-oo ~ ATTAC Hl'JIENT 4, J I I f • ! _· -H-: l_-+-...J I I CONDITIONS OF APPROVAL 404 University Avenue and 92 and 96 Los Gatos-Saratoea Road a. Architecture and Site Application S-01-63 b. Conditional Use Permit U-0 1-14 c. Negative Declaration ND-01-12 Requesting approval to demolish three single family residences and to construct a mixed use office/apartment building with an alternating use of parking on properties zoned 0. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration -is recommended. PROPERTY OWNER: Marie Peterson/CM-One, LLC APPLICANT: John Lien TO THE SATlSF ACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. AP PROV AL. This application shall be completed in accordance with all of the conditions -of approval listed below and in substantial compliance with the plans approved and noted as Exhibit K in the report to the Planning Commission. Any other changes or modifications made to the approved plans shall be approved by the Director of Community Development or the Planning Commission, depending on the scope of the change(s). 2. EXPIRATION. The approval will expire two years from the date of approval unless the approval is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 4. RECYCLING. All wood, metal, glass and aluminum materials generated from the demolished structures shall be deposited to a company which will recycle the materials. Receipts from the company( s) accepting these materials, noting type and weight of material, shall be submitted, to the Town prior to the Town's demolition inspection. 5. MASONRY WALL. The wood fence along the northern property line shall be changed to a masonry wall. This wall shall be clad on the adjacent property owners side with wood if requested by the adjacent property owner prior to final occupancy. 6. *EXISTING FENCE. The existing fence along the northern project boundary shall be maintained during construction to minimize construction noise levels for the residences to the north. 7. *BIOLOGICAL RESOURCES . Prior to issuance of a building permit, the Town's consulting arborist shall evaluate the proposed project for direct and indirect effects of proposed construction (including foundation and building construction as well as potential changes in drainage) on the 60 inch oak tree to the north and the 14 inch oak located just north-of the northern project boundary at the developer's expense. The arborist shall provide detailed measures to protect trees during construction of the proposed building, particularly during project grading activities, Such measures may include a delineation of a Tree Page 1 of 8 ATTACHMENT 5 ( Protection Zone for the two oaks and the two other oaks to be preserved, and avoiding placement of utilitiesas well as disposal/storage of excess soil, chemicals, debris, equipment, or other materials within this zone. The arborist shall also provide recommendations for the oak tree proposed for relocation to ensure long"term viability of this oak. 8. · **PARKING. The parking for the apartment spaces shall be available after 5:00 -PM on weekdays and all day on the weekends. These hours Shall be included in the rental agreements for the apartments and office spaces. The Director of Community Development and -the Town Attorney shall review and approve the rental agreements that will enforce the proposed alternating parking and how it works prior to final ,occupancy. 9. **BELOW MARKET PRICE PROGRAM. Prior to the issuance of a building permit, the developer shall designate one of the apartment units as a BMP unit or indicate in writing that they will be paying the required in-lieu fee established by Town Council Resolution. If the developer decides to provide· a BMP unit, the developer must meet with the Director of Community Services prior to issuance of a building permit to initiate the process. If the developer decides to pay the in-lieu fee, the fee must be paid prior to final occupancy of the first apartment unit. 10. ** SIX MONTH REVIEW .. The Conditional Use Permit shall .be reviewed by the Planning Commission six months after final occupancy of the entire building at a public hearing, to ensure that the alternating parking is not impacting the adjacent neighborhood. If parking overflow impacts the adjacent neighborhood then employees of the office building may be required to park in the Town parking lot on Hwy 9 between University Avenue and North Santa Cruz Avenue. (Building Section) 11. *CULTURAL RESOURCES . In the event archaeological traces are encountered, all construction within a 30-foot radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make · appropriate recommendations. If human remains are discovered, the Santa Clara . County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shal'I notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. If the Di rector of Community Development finds that the archaeological find is not a significant resource,· work will · resume only after the submittal of a preliminary archaeological report and after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will foHow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines . A final report shall be prepared at the applicant 's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall Page 2 of 8 ( ( include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 12 . *CONSTRUCTION NOISE. Stationary noise resources shall be located as far from sensitive receptors as possible (primarily away from the northern project b01mdary). If they must be located near existing receptors, they shall be adequately muffled, enclosed within temporary sheds, and comply with noise limits specified in the Town Noise Oi:dinance . 13 . ·*ACOUSTICAL CONSULTANT. Prior to issuance of a building permit, a qualified acoustical consultant sha:ll determine noise levels based on on-.site measurements and recommend design measures to achieve 45-dBA interior noise level in project residences at the applicant's expense. In addition, recommendations shall be made as necessary to ensure · that noise levels on r.esidential balconies are maintained at 60 dBA (CNEL or Ldn) and 60 dBA (CNEL or Ldn) at all balconies (usable outdoor spaces) associated with project residences. The usable outdoor spaces must also be designed to meet the Department of Transportation noise requirements to not exceed 65 dBA (Leq) hourly. 14. PERMiTS REQUIRED: A separate building permit application shall be required for the demolition of each house, the proposed structure and parking lot. Separate Electrical/Mechanical/Plumbing permits shall be required as necessary. · 15 . CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full onth.e cover sheet of the construction plan submitted for building permit. 16. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 17. PLANS: The construction plans for this project shaH be prepared under direct supervision of a licensed architect or engineer, (Business and Professionals Code Section 5538) and shall include: a. A complete allowable analysis UBC Table 5-B. b . A completed project analysis (Sheet A-1 ). c . Loading zone for handicap parking shall be on the passenger side . 18 . DEMOLITION PERMIT REQUIREMENTS: Contact Bay Area Air Quality Management District ( 415-771-6000) and complete their process as necessary before obtaining a building permit for demolition of such work from the Town Building Department. As part of the permit application process two site plans shall be provided to include all existing structures, existing utility service lines such as water, sewer, P .G. & E . No demolition work shall be done without first obtaining a demolition permit from the Town. 19 . *LEAD BASED PAINT. Constrnction finish materials that are suspect for containing lead- based paint shall be tested and pending laboratory analysis, will not be subjected to any process which renders them friable unless proper engineering controls and worker protection procedures are initiated. 20. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retairung wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 21 . SOIL TESTING: The soils report shall include testing for aerially deposited lead (ADL). Page 3 of 8 ( 22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site regaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor orregistered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation comer locations 23. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The apartments shall be designed with adaptability features for single family residence per Town Resolution 1994-61: a . Wooden backing (no smaller than 2 inches x 8 inches) shall be provided in all bathroom walls, at water closets, showers and bathtubs, located at 34 inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32 inches wide on accessible floor. c . Primary entrance shall have a 3-6-inch wide door including a 5-foot x 5-foot level landing, no more than 1-inch out of plane with the immediate interior floor level, with an 18-inch clearance. 24. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R and MF-lR. 25. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 26. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3.5 . Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be blue-lined on the construction plans. 27 . TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site general path oftravel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility entrances from parking and sidewalks. 28. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall be designed to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect then confirmed by Town staff. 29. TITLE 24 ACCESSIBILITY~ COMMERCIAL: On-site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. 30. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. West Valley Sanitation District: (408) 378-2407 b . Santa Clara County Fire Department: (408) 378-4010 c. Los Gatos School District: 395-5570 d. Campbell Union School District: 378-3405 Note: Obtain The school district form from the Town Buildin,g Service Counter after the Page 4 of 8 ( ( 22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation ·,. . . -inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site regaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor orregistered civil engineer for .the following items: a. Pad elevation b . Finish floor elevation -c . Foundation corner locations 23. RESIDENTIAL TOWN ACCESSIBILITY ST AND ARDS: The apartments shall be designed with adaptability features for single family residence per Town Resolution 1994-61: a. Wooden backing (no smaller than 2 inches x 8 inches) shall be provided in all bathroom walls, at water closets, showers and bathtubs, located at 34 inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32 inches wide on accessible floor. c. Primary entrance shall have a 36-inch wide door including a 5-foot x 5-foot level landing, no more than l-inch out of plane with the immediate interior floor level, with an 18-inch clearance. 24. TITLE24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-lR and MF-IR. 25 . TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 26. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3 .5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be blue-lined on the construction plans. 27. TITLE24 ACCESSIBILITY -COMMERCIAL: On-site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility entrances from parking and sidewalks. 28. TITLE 24 ACCESS1BIL1TY -COMMERCIAL : The building shall be designed to comply with the latest California Title 24 Accessibility Standards. Necessary work shal'l be first investigated by the design architect then confirmed by Town staff. 29. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. 30. APPROVALS REQUIRED : The project requires the following agencies approval before issuing a building permit: a. West Valley Sanitation District: (408) 378-2407 b. Santa Clara County Fire Department: -( 408) 378-4010 c . Los Gatos School District: 395-5570 d. Campbell Union School District: 378-3405 Note: Obtain The school district form from the Town Building Service Counter after the Page4 of 8 ( Building Division plan check has been completed. 31. NON-POINT SOURCE POLLUTION STANDARDS: The Town standard .Santa Clara Valley Non-Point Source Pollution Control Program specification shall be part of the plan submittal. The specification sheet is available at the Building Division Service Counter. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 32. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded. Two copies of the legal description for each new lot configuration, a plot map (8 -~ in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee . The certificate shall be recorded before any permits may be issued. 33 . DEDICATIONS . The following shall be dedicated by separate instrument. The dedication shall be Fecorded before any permits are issued. a. Los Gatos-Saratoga Road. A 30-foot radius at the intersection with University Avenue. b. University Avenue. A five (5) foot sidewalk easement with 25-foot radius. 34. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before issuance of the building permit. 35 . 1RAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay proportional to the project1s share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $9,534.21. The final fee shall be calculated from the final plans using the rate schedule in effect at .the time of the building permit application, using a trip generation rate based on General Office and Apartment use. 36. TRAFFIC. The following shall be approved by the Town prior to the issuance of a building permit and completed prior to final occupancy: a. Configure the driveway exit to force right-turn only. Install right-turn only sign at the exit. *b. Paint "keep clear" on Wraight in front of the driveway. *c. Paint a 2-lane approach on Wraight at SR 9, one left-tum only and one right-turn only . d. Paint red curb adjacent to the driveway. 37. GENERAL. All public improvements shall he made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at Page 5 of 8 ( ( the developer's expense. 38. ENCROACHMENT PERMIT. All work in the public right-of-way wiU require a Construction Encroachment Permit. All work over $5,000 will require construction security. All work on Los Gatos-Saratoga Road (SR 9) shall require an encroachment permit form the California Department of Transportation. 39. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection ow work that went on without inspection. 40. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems .shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 41. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.0lS(b). 42. RESTORATION OF PUBLIC IMPROVEMENTS . The developer shall repair or replace all existing improvements not designated for removal that are .damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 43. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Detail. The limits ofsidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 44. CURB AND GUTTER. The developer sh.all repair and replace to existing Town standards any curb and ·gutter damaged now or during construction of ·this project. New curb and gutter shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 45. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Detail. 46. CURB RAMPS. The developer shall construct two (2) curb ramps according to State Standard Drawings at the crosswalk at Los Gatos-Saratoga Road at University A venue and Los Gatos-Saratoga Road at Wraight Street. The actual "Case" as shown on the ·standard to be used will be decided by the Engineering Construction Inspector during the construction phase of the project. 4 7. AS-BUILT PLANS . After completion of the construction of all work in the public right-of- way or public easements, the original plans shall have all changes ( change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The origin.al "as~built" Page 6 of 8 ( ( plans shall be review and approved the Engineering Construction Inspector. A Mylar of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security is released. 48. SANITARY SEWER LATERAL. Sanitary sewer .laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 49. *GEOTECHNICAL INVESTIGATION. Prior to issuance of a permit, a geotechnical investigation shall be conducted for this project to determine the surface and subsurface soil conditions at the site as well as to determine the potential for surface fault rupture on the site at the applicant's expense. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-,site utility trenching and pavement sections. The project shall incorporate all recommendations of.the investigation in order to minimize the ·potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. 50. *TRAFFIC CONTROL PLAN. The project applicant-shall develop a construction traffic control plan to minimize the potential for parking and traffic safety and congestion problems. 51. STREET IMPROVEMENTS. The property owner shall contribute up to $50,000 or half of the cost of improvements up to $50,000 for the improvements at Highway 9 and University Avenue and the improvements on Wraight Avenue prior to final occupancy. The Wraight Avenue improvements will be determined during the Traffic Calming process. 52. WATER QUALITY. If any portion of.the project is within the State Right-of-Way (ROW) near SR 9, the _project shall comply with the California Department of Transportation Statewide NPDES Permit Order #99-06-DWQ, CAS 000003 and a Water Pollution Control Program shall be developed and implemented during the construction activities with the State ROW. (Parks and Forestry Section) 53 . GENERAL. All existing trees to remain, to be relocated and all newly planted trees are specific subjects of approval of this plan and must remain on site. 54. NEW TREES. The new trees to be planted shall be double-staked, using rubber tree ties and shall be planted prior to occupancy. 55. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 56. IRRIGATION. All newly planted material shaU be irrigated by an in-ground system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 57. AERATION TUBES. Any new impervious surface encroaching under the dripline of Page 7 of 8 ( existing trees shall have aeration tubes installed. 58. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review. 59. APPROVED LANDSCAPE PLAN. The approved landscape plan shall be Sheet L-1 of Exhibit K. Tree screening along the boundaries may be modified to be of a variety agreeable to the adjacent property owners, Director of Community Development, Director of Parks and Public works, and the Town's consulting arborist. TO THE SATISFACTION OF THE FIRE DEPARTMENT 60. REQUIRED FIRE FLOW. The required fire flow for this project is 3,500 GPM at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the required fire flow has been reduced by 75% establishing an adjusted required fire flow of 1,500 GPM at 20 psi residual pressure. 61. FIRE HYDRANTS. The applicant may be required to provide one public fire hydrant at a location to be determined by the Fire Department and the San Jose Water Company. The hydrant shall 'have a minimum single flow of 1,500 GPM at 20 psi residual with spacing not to exceed 250 feet. Prior to applying for a building permit, the applicant shall provide civil drawings reflecting all fire hydrants serving the site. 62. TIMING OF WATER SUPPLY INSTALLATIONS. Installations ofrequired fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. * Required as Mitigation Measures to make the Negative Declaration. **Conditions for the Conditional Use Permit C:\Documents and Settings\MRasmuss\Local Settings\Temp\404Univ.COND.wpd Page 8 of 8 This Page Intentionally Left Blank ~ CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE APPLICATION FOR CM ONE LLC TABLE OF CONTENTS 1.0 TITLE SHEET 2.0 EXISTING SITE PLAN • 1 ST FLOOR 2.1 EXISTING SITE PLAN • 2ND FLOOR 2.2 EXISTING BASEMENT PLAN 3.0 EXISTI NG OPEN SPACE EXHIB IT PROJECT INFORMATION ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS/LOCAT ION : EXISTING GENERAL PLAN DESIGNATION: EXISTING ZONING DESI GNATION: EXISTING USE: PROPOSED USE: GROSS S ITE AREA : EXISTING PARKING : REQUIRED PARKING: PRO JECT D ESCRIPTI O N 529-06-071 100 LOS GATOS SARATO GA ROAD MED IUM DENSITY RESIDENTIAL OFFICE GROUND FLOOR COMM ERC IAL AND 6 RES IDENTIAL APARTMENTS GROUND FLOOR COMMERCIAL AND 6 RESIDENTIAL CONDOMINIUMS ±0 .38AC 24 SPACES (PROPOSED TO BE SHARED BETWEEN USES) 2 SPACES PER RESIDENT IAL CO NDOMINIUM = 6 SPACES 1 SPACE PER 300 SF COMMERCIAL= 19 SPACES THI S PROJ ECT PROPOSES TO CONVERT T HE EXISTING SIX (6) RESIDENTIAL RE NTAL APARTMENT UNITS INTO FOR-SALE RESIDENTIAL CONDOMINIUM UNITS . 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