Item 1 - 90-160 Albright Way and 14600 Winchester BlvdTOWN OF LOS GATOS ITEM NO: 1
PLANNING COMMISSION STAFF REPORT
Meeting Date: April 24, 2013
PREPARED BY: Joel Paulson, Principal Planner
jpaulson@losgatosca.gov
APPLICATION NO.: Planned Development PD-12-001
Architecture and Site S-12-078
Environmental Impact Report EIR-12-003
LOCATION: The subject property is located at 90-160 Albright Way and 14600
Winchester Boulevard in the northern part of the Town of Los Gatos,
immediately east of Winchester Boulevard and south of the State
Route 85 freeway. APN’s 424-31-053, 054, 063, 424-32-038, 045,
049, 054, 059, 060, 063.
APPLICANT/
CONTACT PERSON: John R. Shenk
PROPERTY OWNER: LG Business Park LLC
PROJECT SUMMARY: Requesting approval to modify the existing Planned Development to
allow for redevelopment of the existing site with up to 550,000 square
feet of new office/R&D buildings and approval to construct the
improvements represented in the Planned Development. An
Environmental Impact Report (EIR) has been prepared as required by
the California Environmental Quality Act (CEQA).
DEEMED COMPLETE: April 11, 2013
FINAL DATE TO TAKE ACTION:
a. Rezoning applications are legislative acts and are therefore not
governed by the Permit Streamlining Act.
b. Final action on the Architecture and Site application is required
within six months of the action on the rezoning application.
RECOMMENDATION: 1. Forward a recommendation to Town Council for certification of
the EIR and adoption of the CEQA Findings of Fact and
Mitigation Monitoring and Reporting Program (MMRP).
2. Forward a recommendation to Town Council for approval of the
proposed Planned Development (PD).
3. Forward a recommendation to Town Council for approval of the
Architecture and Site application.
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PROJECT DATA: General Plan Designation: Light Industrial
Zoning Designation: Controlled Manufacturing with a
Planned Development Overlay
(CM:PD)
Applicable Plans & Standards: General Plan, Common Design
Guidelines of the Commercial
Design Guidelines, Guidelines and
Standards for Land use Near Streams
Parcel Size: 21.6 acres
Surrounding Area:
Existing Land
Use
General Plan Zoning
North Hwy 85 N/A N/A
Office /
High Density
Residential
Neighborhood
Commercial
CM:PD
East Low Density
Residential
Low Density
Residential
R-1:8
Medium Density
Residential
Medium Density
Residential
RMH
Open Space Open Space CM
South County Fire Light Industrial CM
West Freeway
Interchange
N/A NA
Courtside Medium Density
Residential
CM:PD
Residential Medium Density
Residential
RM-
5:12:PD
CEQA: An EIR and a Mitigation Monitoring and Reporting Program (MMRP)
have been prepared for the project in accordance with CEQA
regulations and consistent with an order of the Santa Clara County
Superior Court ruling in case No. 111-CV-209214.
FINDINGS: • The Town Council must certify the EIR, make Findings of Fact
addressing the significant impacts of the project, and adopt the
MMRP.
• The Planning Commission must make the following findings:
1. That the zone change is consistent with the General Plan if
their recommendation is for approval.
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2. As required by the Town's Traffic Policy for community
benefit.
3. As required by Section 29.20.09030(e) of the Town Code for
the demolition of commercial buildings.
4. That the project is consistent with the Common Design
guidelines of the Commercial Design Guidelines.
5. That the project is in substantial compliance with applicable
provisions of the Guidelines and Standards for Land Use Near
Streams.
6. That the Architecture and Site application is consistent with
the proposed Planned Development Ordinance.
CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
ACTION: 1. Forward a recommendation to the Town Council for action on the
EIR, CEQA Findings of Fact, and MMRP.
2. Forward a recommendation to the Town Council for action on the
proposed zone change (PD application).
3. Forward a recommendation to the Town Council for action on the
Architecture and Site application.
EXHIBITS: Received under a separate cover
1. Draft Environmental Impact Report
2. Final Environmental Impact Report Responses to Comments
3. Mitigation Monitoring and Reporting Program
Received with this report
4. Location Map (1 page)
5. Draft Findings of Fact for EIR (46 pages)
6. Required Findings for PD application (2 pages)
7. Required Findings for Architecture and Site application (2 pages)
8. Conditions of Approval for Architecture and Site application (27
pages)
9. Letter of Justification from the applicant (12 pages)
10. Reduced Intensity Alternative Feasibility Analysis from the
applicant (7 pages)
11. Additional Information provided by the applicant (3 pages)
12. Written Communications from the public (62 pages)
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13. Draft Planned Development Ordinance (56 pages), including zone
change map as Exhibit A (1 page), and Development Plans as
Exhibit B (19 pages), received April 15, 2013
14. Architecture and Site Plans (99 pages), received April 15, 2013
BACKGROUND:
In 1975, a Planned Development (PD) was approved for the subject site. The PD was modified in
1977 to make minor revisions to the original PD. An additional modification to the PD was
approved in 1993 to modify the permitted uses for the site. These current PD ordinances would
be replaced by the proposed PD ordinance, if approved by the Town Council.
The project site consists of ten developed parcels within the Los Gatos Business Park at the
intersection of Albright Way and Winchester Boulevard. Albright Way is a loop road providing
the principal access to the property; however, vehicular access to the project site is also available
via a driveway on Winchester Boulevard at the southwest corner of the site. The subject property
is developed with eight one-story and two two-story office/research and development (R&D)
buildings containing approximately 250,000 sq. ft. along with associated driveways, parking
areas, and landscaping. The buildings were constructed on the site in the 1970s and 1980s.
On May 11 and 31, 2011, the Planning Commission reviewed Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, PD Ordinance and Development Agreement for a
previous proposal on the subject site. On May 31, 2011, the Commission recommended approval
of the previously proposed project to the Town Council with the following changes:
1. Building heights limited to fifty-five feet (55 ft.);
2. Office/R&D land use approval only; no multi-family or senior housing.
On June 20, 2011, Council adopted Mitigated Negative Declaration ND-11-04 regarding the
environmental analysis of the proposed PD. On August 1, 2011, Council introduced an ordinance
approving PD Application PD-10-05, rezoning the property from CM:PD to CM:PD, introduced
an ordinance approving a Development Agreement, and adopted Resolution 2011-054 adopting
Mitigated Negative Declaration ND-11-04 regarding the environmental analysis of the PD. On
August 15, 2011, Council adopted Ordinance No. 2199, approving PD Application PD-10-05 and
Ordinance No. 2200, approving a Development Agreement. The Council’s approval allowed for
up to 550,000 square feet of office/R&D buildings with a height up to eighty-five feet (85 ft.).
The approval also allowed for limited senior housing (up to 168 units on no more than seven acres
of the site) if required triggers for new office/R&D square footage and/or timing were met.
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On August 24, 2011, the Planning Commission reviewed the Architecture and Site (A&S)
application and recommended approval to the Town Council. On September 16, 2011, Council
approved A&S application S-11-051, granting approval to demolish five existing commercial
buildings and construct two new office buildings.
Following the Council’s approval, a lawsuit was filed challenging the Mitigated Negative
Declaration. The court determined that there was substantial evidence in the administrative
record supporting a fair argument that the project in question may have a significant impact on
the environment with respect to traffic and aesthetic issues, and that an Environmental Impact
Report (EIR) must be prepared. Additionally, the court ordered the Town to set aside and void
any and all project approvals and findings for the Albright Way development project. The Town
has prepared the required EIR.
PROJECT DESCRIPTION:
A. Project Summary
The proposed project is the development of up to 550,000 square feet of new office/R&D space
(including office-serving amenities), one parking garage, surface parking areas, new access
driveways, and new landscaping and open space. The proposed project would remove the ten
existing buildings totaling approximately 250,000 square feet of office/R&D space and allow the
construction of up to four new larger office/R&D buildings and one parking garage at full build
out. Project implementation would result in a net increase of approximately 300,000 square feet
of new office/R&D space. The Albright Way loop road would be eliminated to accommodate the
new buildings and new driveways would be constructed to provide access to the buildings as
well as to provide emergency vehicle access. The driveways would serve the parking lots and
new parking garage.
The applicant has submitted a Letter of Justification outlining the proposed project and
justification for the proposed project (Exhibit 9).
B. Location and Surrounding Neighborhood
The subject property is located at 90-160 Albright Way and 14600 Winchester Boulevard in the
northern part of the Town of Los Gatos, immediately east of Winchester Boulevard and south of
Highway 85 (Exhibit 4). Winchester Boulevard and a Union Pacific Railroad right-of-way bound
the project site on the west, while Highway 85 bounds the northern side of the property. The Los
Gatos Creek Trail, which separates the property from and runs along Los Gatos Creek, bounds
the property on the east, and the Charter Oaks residential neighborhood bounds the project site
on the south. The headquarter offices of the Santa Clara County Fire Department are adjacent to
the south side of the 14600 Winchester Boulevard office building, and adjoin the southwestern
site boundary.
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The site is within the Vasona Light Rail Area as defined in the General Plan. The site is also
near the future terminus of the Vasona Light Rail line and park and ride lot and current VTA bus
stops.
C. Planned Development and Architecture and Site Application
The project proposes a new PD overlay zone to replace the existing CM:PD (Controlled
Manufacturing, Planned Development) PD overlay zoning designation on the property. The new
PD overlay would allow the redevelopment of the site with expanded office/R&D space
(including office-serving amenities). The PD overlay zone is a specially tailored development
tool that designates site-specific zoning regulations consistent with the General Plan, sets
development standards for the site, and establishes site design guidance.
The proposed PD overlay would establish the following:
• Permitted uses:
o Office, including corporate, administrative, business, and professional offices,
but excluding medical and dental offices;
o Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of
materials and products);
o Office serving uses designed to primarily serve those employed at the site or
visiting the site for other business purposes, such as: recreational facilities;
conference and training facilities; restaurants, cafeterias, and other eating
establishments; health and wellness facilities; and ancillary uses such as on-site
banking, ATMs, private post offices, personal services (such as dry cleaning pick
up), and similar support uses. These office serving uses shall not be available to
the general public.; and
o No conditionally permitted uses are allowed.
• Maximum allowable square footage (550,000 sq. ft.) and number of buildings (four
office buildings and one parking garage);
• Maximum allowable height of structures (65 feet for office buildings and 49 feet for
the parking garage);
• Minimum property line setbacks (101 feet from West property line, 53 feet 5 inches
from North property line, 207 feet 7 inches from East property line to parking garage,
89 feet 8 inches from South property line to parking garage, 116 feet 8 inches from
East property line to Building 4, and 191 feet 3 inches from South property line to
Building 4);
• Minimum parking requirements (3.3 spaces per 1,000 square feet); and
• Maximum lot coverage (50%).
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The PD overlay zone is intended to ensure orderly planning and quality design that will be in
harmony with the existing or potential development of the surrounding neighborhood. The
development of the site would comply with the standards and guidelines established in the PD
overlay, as determined by the Town through the A&S approval process.
The PD overlay requires A&S approval, in conformance with the use and development standards
and design guidance in the PD Overlay, prior to construction of new buildings. The project
applicant has submitted an application for A&S approval for the entire project (Exhibit 14).
The buildings illustrated in the A&S application will create the opportunity for high quality,
Class-A office space on the site. The building architecture shown in the A&S application
includes a building design that incorporates different building materials and design features to
provide building depth and detail to the building facade. Proposed building materials include
colored masonry with clear glass and aluminum bay windows and metal sunshade accents along
the roof lines. Other building elements include aluminum clad columns along a recessed ground
floor and vertical accents that provide visual relief on the building surfaces. Class A office space
describes the highest quality office space, which is in limited supply in Los Gatos as illustrated
in a recent market study conducted for the North Forty. Class A office buildings are typically the
most prestigious, competing for premier companies as tenants.
The core and shell of all new office/R&D buildings are designed to meet the standards for
Leadership in Energy and Environmental Design (LEED) silver based on current LEED
standards.
If the proposal is approved, it would give the Town the ability to attract and retain corporate
headquarters type businesses. Overall, the Town only has 2.6% of its land zoned for
industrial/office R&D uses and continued preservation and careful planning of these areas is key
in maintaining the Town’s ability to attract and retain corporate employers. This in turn supports
the Town’s continued efforts to maintain fiscal sustainability by providing high quality job
opportunities.
The project was reviewed by the Town’s Consulting Architect (Appendix S of Exhibit 2). The
Consulting Architect stated that:
The buildings are modern in their form, materials, and details. They are similar in character
to the Town’s new Library and are, in my judgment, excellent in their design. They are lower
in height than originally proposed last year. The defining height element of the buildings will
be the projecting sunscreen canopy at the ceiling line of the top floor. At an elevation of
slightly less than 60 feet, they would be at or slightly lower than the office building heights at
the existing Netflix complex.
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Some of the elements which I believe have been very well developed in the building design
include:
A strong base expression around the building with recessed glazing;
A well-defined middle two floors;
An interesting and well articulate building top;
Strong design unity throughout the buildings combined with interesting variations to
provide a visual richness;
A good balance of one and two story tall elements integrated into the facades.
Variations in facade depth;
A good balance of solid walls, glazing, and metal accents;
Well designed and articulated building entries;
Integrated metal canopies to provide sun screening; and
Quality materials that are well suited to the architectural style and forms of the buildings.
The Consulting Architect also stated that the garage design seems appropriate to the design of
the buildings.
D. Zoning Compliance
The proposed development will be governed by the proposed PD Ordinance, which will stipulate
dimensional criteria, allowed uses, and performance standards.
The proposed development complies with the existing underlying Zoning with the following
exceptions, which are addressed by the proposed PD Ordinance:
a. The proposed PD would allow office buildings to be four stories. The maximum height of
the office buildings is 65 feet above finished floor, including all towers, spires, elevator
and mechanical penthouses, cupolas, wireless telecommunication antennas, similar
structures and necessary mechanical appurtenances which are not used for human activity
or storage. The Town Code for the CM zone allows heights of 35 feet for buildings,
excluding all towers, spires, elevator and mechanical penthouses, cupolas, wireless
telecommunication antennas, similar structures and necessary mechanical appurtenances
which are not used for human activity or storage which may be taller.
b. The proposed PD would allow for one parking structure. The maximum height of the
parking structure is 35 feet, exclusive of tower elements, elevator overrun structures, and
other similar architectural elements. Renewable energy facilities, such as wind or solar,
can extend up to an additional 14 feet (up to 49 feet). The Town Code for the CM zone
allows heights of 35 feet for buildings, excluding all towers, spires, elevator and
mechanical penthouses, cupolas, wireless telecommunication antennas, similar structures
and necessary mechanical appurtenances which are not used for human activity or storage
which may be taller.
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c. The proposed PD allows for a reduced parking requirement of a minimum of 3.3 spaces
for every 1,000 square feet of office/R&D space (one space for every 303 square feet).
The Town Code requires one space for every 235 square feet.
d. The proposed PD allows for two monument signs at the new signalized entrance with a
maximum sign area of 50 square feet per face. The Town Code allows monument signs
to have a maximum sign area of 20 square feet per face.
e. The proposed PD allows for way finding and identification signs within 60 feet of the
perimeter of the proposed office buildings. The maximum height of these signs would be
eight feet. The Town Code allows monument signs to be a maximum height of seven
feet.
f. The proposed PD allows for building mounted signage that may be visible from Highway
85. Town Code prohibits freeway signs which are defined as signs erected for the
dominant purpose of being seen by travelers on a freeway.
The applicant has provided justification for the proposed exceptions to the existing underlying
Zoning (Exhibit 11).
ANALYSIS:
A. Mass and Scale
At a Town Council meeting on November 5, 2012, the Town Council granted the project an
exception to the Town’s Story Pole Policy due to public safety concerns. The Town determined
typical story poles were not a feasible option because the existing buildings are occupied and that
erecting story poles over 35 feet in height adjacent to or on top of existing buildings could cause
a safety hazard, could hinder emergency access within the site, and could result in creating an
attractive nuisance at the site. As an alternative, the Town Council approved the applicant’s
request to use mechanical lifts (also known as “cherry pickers”) to hoist a 20-foot beam with
bright orange color netting to demonstrate the proposed 65-foot height. This height represents
the maximum height of the proposed office buildings. As of March 11, 2013, the mechanical
lifts were in place onsite for the public to view. A total of six mechanical lifts were employed at
the approved locations to show the building heights as directed by the Town Council on
November 5, 2012. Additionally, visual simulations illustrating several frontages were prepared
to further illustrate the potential visual impact of the proposed structures.
The proposed mass and scale of the proposed project needs to be carefully considered. Staff
offers the following comments regarding mass and scale for the Commission’s consideration:
• The maximum building height permitted by the existing underlying General Plan for
Light Industrial and the CM zone is 35 feet;
• The building architecture includes a building design that incorporates different building
materials and design features to provide building depth and detail to the building facade.
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Proposed building materials include colored masonry with clear glass and aluminum bay
windows and metal sunshade accents along the roof lines. Other building elements
include aluminum clad columns along a recessed ground floor and vertical accents that
provide visual relief on the building surfaces;
• There are a significant number of landscape trees on both the west side of the project
property along Winchester Boulevard, and on the southeast side abutting the Charter
Oaks neighborhood. Landscape trees along the site’s eastern boundary with the Los
Gatos Creek Trail are intermittently spaced and generally range from about 12 to 20 feet
in height. The views from the Charter Oaks development of the proposed structures
would be minimized due to the existing topography, existing vegetation to remain, and
the non-deciduous trees that are proposed to be planted;
• The structures would be visible when viewed along Winchester Boulevard or Highway
85. The construction of buildings with a maximum height of 65 feet would appear
consistent with the tallest commercial or residential structures in the project vicinity
(Netflix/Aventino development). The visibility of the proposed buildings should be
reduced because a substantial portion of building mass will be screened by existing,
transplanted, and new landscape trees. Perimeter landscape trees will be planted as part of
the Phase I construction, which will allow more time for their establishment and growth.
The following summarizes staff’s analysis of why the proposed height (65 ft.) may be
appropriate and acceptable:
• Development is most effective at reducing auto trips when a relatively high density of
users is provided near existing transit infrastructure, including bus stops and freeways,
and planned mass transit facilities. The Town has the opportunity, similar to the existing
Netflix location, to create a visible landmark that provides a critical mass of potential
transit users once the Vasona Light Rail Station is completed. Moreover, during the
General Plan update process and EIR process for this project, the Valley Transit Agency
(VTA) staff encouraged the Town to increase densities and intensities in the Vasona
Light Rail area to effectively support transit operations.
• To attract high quality businesses within a corporate campus environment. The proposed
building height offers an increased flexibility in the development that would attract
companies and provide more opportunity for outdoor landscaped areas and other
amenities. The taller buildings would provide effective use of the property while
providing opportunities for campus amenities such as private recreation, significant
landscaping, and outdoor hardscape.
• In order to be consistent with the scale and heights of adjacent commercial and residential
development in the project vicinity, and maintain the small-town character of the
community, the development has been reduced to a height that ensures that a substantial
portion of building bulk will be screened by existing, transplanted, and future landscape
trees and provide sufficient setbacks from the surrounding right-of-ways and adjacent
properties. The visibility of future office buildings will be reduced because a substantial
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portion of building mass will be screened by existing, transplanted, and proposed
landscape trees. The screening would be enhanced by the proposed transplanting of nine
existing redwoods on the northern portion of the site between Building 1 and Highway
85. Additionally, perimeter landscape trees will be planted as part of the Phase I
construction which will allow more time for their establishment and growth.
• The preservation of the existing mature trees on the property along Winchester Boulevard
and the Charter Oaks property line is critical to provide a visual transition that will
facilitate compatibility with the surrounding neighborhood. Many of the existing
Redwood trees are 50 to 70 feet tall and would screen the 65 ft. tall buildings when
viewed from close to medium range.
• The taller buildings allow for greater setbacks to existing residential uses than currently
exist (20 feet existing in some locations) and an opportunity to provide more private open
space.
• The existing Netflix buildings (60 ft. maximum height at tower elements) in the vicinity
are similar in mass and scale to the proposed development.
Some of the reasons why the proposed height (65 ft.) may not be appropriate that have been
raised and addressed in the EIR include, but are not limited to:
• The height is out of character with the rest of Los Gatos;
• The height provides too much additional square footage that will increase traffic;
• The height will lead to loss of views of the hillsides from certain locations;
• The height will lead to buildings that are visible from adjacent properties; and
• The height will impact neighboring properties privacy.
For a more detailed analysis and further information regarding the potential aesthetic impacts
please refer to the DEIR (Exhibit 1) and FEIR (Exhibit 2). The Commission should carefully
consider the mass and scale of the proposed structures, and the mitigating factors, when
formulating a recommendation to the Town Council for the proposed project.
B. Neighborhood Compatibility
The proposed project would allow construction of buildings of four stories. The proposed A&S
approval package contains increased setbacks from what is otherwise required by Town Code.
For example a four story building (65 feet) would require: a 70 foot setback from the Winchester
Boulevard property line (approximately 101 feet is proposed in the A&S application); a 25 foot
setback from the Highway 85 property line (approximately 53 feet is proposed in the A&S
application); no setback from the Creek Trail property line (approximately 207 feet 7 inches is
proposed in the A&S application); a 25 foot setback from South property line to parking garage
(approximately 89 feet is proposed in the A&S application); a 65 foot setback from East property
line to Building 4 (approximately 116 feet is proposed in the A&S application); and a 25 foot
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setback from southern property line to Building 4 (approximately 191 feet is proposed in the
A&S application).
The four story building designs, combined with structured parking, allow for a more open site
design with the ability to incorporate more landscape area and features than would otherwise be
possible with shorter buildings that have larger footprints or by the addition of more buildings. It
should also be noted that there is no maximum FAR for the CM zone in the Town Code or
General Plan. The CM zone and Light Industrial Land Use designation in the General Plan only
have a building coverage requirement which permits a maximum of 50 percent building
coverage. The proposed project will comply with this requirement.
Staff believes that the existing site characteristics along with its location in the northern portion
of the Town adjacent to Highway 85 and one of the major thoroughfares make this a rare Town
setting for a large campus-style corporate headquarters. As a result, staff believes that the
proposed building height and development intensity could be appropriate for this site. However,
the Commission should carefully consider neighborhood compatibility of the proposed structures
when formulating a recommendation to the Town Council.
C. Circulation and Parking
The existing driveway entrance serving 14600 Winchester Boulevard would be restricted to right
turn in and right turn out only and a new driveway located approximately 200 feet south of the
existing Albright Way driveway would be installed. The new driveway would be improved to a
full four-way signalized intersection aligned with the existing Courtside Club entrance. The new
signalized entrance would also include a crosswalk which will improve pedestrian circulation
across Winchester Boulevard and will provide for safer movements of vehicles. Access to on-
grade parking lots and one proposed parking garage would be provided by the new access
driveways. The existing Albright Way roadway easement would be vacated by the Town and
removed and the existing utility easements would be vacated and relocated as necessary as the
sections of roadway are converted from the existing alignment to the proposed private roadway
alignment with each phase of the project.
A Traffic Impact Analysis (TIA) was conducted by Hexagon Traffic Consultants, Inc. (Appendix
F, Exhibit 1) and peer reviewed by TJKM for the Town. The TIA made the finding that the
design and layout of the on-site roadways is adequate to accommodate the circulation of
vehicles. Additionally, the existing emergency vehicle access between the project site and
Charter Oaks Drive would remain generally in its current location and the project would be
required to comply with Fire Department Standard Details and Specifications.
The proposed expansion of office/R&D uses on the project site would require the development
of additional parking facilities on the project site which would be governed by the PD. Based on
surveys of similar developments in the area and the parking ratio that was approved for the
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adjacent Netflix project, the parking development standard for the project is proposed to be a
minimum of 3.3 stalls per 1,000 square feet of office/R&D space. Consistent with the
requirements of the proposed PD, the A&S plans submitted by the project applicant proposes to
provide 3.5 stalls per 1,000 square feet of office/R&D space. Generally, as commercial facilities
become larger, with more common and service areas, the parking ratio needed is reduced.
D. Traffic
A Traffic Impact Analysis was prepared for the proposed project (Appendix F, Exhibit 1). It is
estimated that the proposal for 300,000 sq. ft. of net new of office/R&D space would generate an
additional 3,126 daily trips, with 411 trips occurring during the AM peak hour and 366 trips
occurring during the PM peak hour. After the Town solicited input from Campbell, Monte
Sereno, and San Jose, the TIA evaluated 28 intersections in Los Gatos and those other three
jurisdictions and found that the proposed project would not have any potentially significant
cumulative impacts under Scenario 1, which did not include the Dell Ave. Area Plan and North
40 Specific Plan because these proposals are still speculative. These two plans were included in
Scenario 2. Under Scenario 2, four of the intersections would be potentially impacted by the
project under the Cumulative Scenario 2 condition according to the Town’s applicable level of
service standards. The Traffic Impact Analysis evaluated Existing, Background, Project and
Cumulative traffic conditions. The Town is requiring a number of items to be implemented and
funded by the project applicant, which will reduce the project’s traffic impacts to less-than-
significant levels. These items include:
• The four-way signalization of the new Winchester Boulevard and the new project entry
aligned with the existing Courtside driveway (approximately 200-feet south of Albright
Way);
• Payment of fair share contribution towards the construction cost incurred by the Town for
the existing traffic signal at the University Avenue and Lark Avenue intersection;
• Restriction of the existing Albright Way entrance to only permit right-in and right-out
turn movements;
• Optimization of signal timing at the Winchester Boulevard/Lark Avenue, University
Avenue/Lark Avenue, Winchester Boulevard/Wimbledon Drive, and Winchester
Boulevard/New project entry intersections;
• Lane restriping along southbound Winchester Boulevard to provide for a dedicated
southbound left-turn lane between Lark Avenue and Wimbeldon Avenue;
• Payment of fair share contribution towards construction of a receiving lane on
Winchester Boulevard for the westbound Lark Avenue to northbound Winchester
Boulevard right-turn movement;
• Extension of the northbound Winchester Boulevard left-turn pocket at the Courtside
entry;
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• Payment of TIF contribution for the: Winchester Boulevard and Knowles Drive;
Winchester Boulevard and Lark Avenue; Los Gatos Boulevard and Lark Avenue; and
Los Gatos Boulevard and Blossom Hill Road intersections under the cumulative scenario;
• Striping of Class II bike lanes along east and west sides of Winchester Boulevard
between Wimbledon Drive and the rail crossing;
• Widening of Winchester Boulevard along project frontage to create dedicated right turn
pockets;
• Construction of a new VTA bus pad and shelter, and provide on-site bike lockers and
bike parking.
The above improvements and/or contributions are required Performance Standards in the PD and
Conditions of Approval for the A&S application. For a more detailed analysis and further
information regarding the potential traffic impacts please refer to the DEIR (Exhibit 1) and FEIR
(Exhibit 2).
E. Benefits to the Town and Community
Pursuant to the Traffic Impact Policy, Community Benefit is required when the peak hour trips
will increase by greater than five trips. The Commission should provide input regarding the
applicant’s proposed Community Benefit and determine if it outweighs the traffic impact as
required by the Traffic Impact Policy. The following is the owner’s proposed Community
Benefit:
• Increased Tax Revenue for the Town.
The project will provide for a substantially higher property tax base as a result of the
redevelopment, which not only benefits the Town but also the Los Gatos School
Districts. Additionally, the project also creates the opportunity for the Town to attract and
retain high quality companies, which significantly increases the opportunity for more
diverse jobs to be offered in Town as well as the very important potential for sales tax
generating companies to remain in or relocate to the Town. Local employees support the
community; such employees may buy homes, dine at local restaurants, and shop in local
stores.
• Increased Employment Opportunities for the Town.
Allowing new development to increase intensity and modernize, the existing office park
would create opportunities for more jobs and potentially allow more Town residents to
work locally. This would reduce travel time, congestion, and air pollution in the Town,
benefitting the entire community.
• Increased Economic Development Opportunities for the Town.
The scale of future development that could occur on the project site as a result of the PD
overlay would provide the Town a site that has the potential to attract companies looking
for sites in the area with buildings that meet the relevant industry standard size
requirements with a campus setting. Attracting new companies to the Town has the
Planning Commission Staff Report - Page 15
90 - 160 Albright Way and 14600 Winchester Boulevard/ EIR-12-003, PD-12-001, S-12-078
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potential to provide tremendous benefit to the Town’s long-term fiscal stability, to the
Town’s jobs/housing balance and would assist in maintaining the Town’s ability to
continue to provide high quality services to the entire community.
• Increased incentive for the VTA to prioritize the extension of the Vasona Light Rail.
The Town has championed the importance of the extension of the Vasona Light Rail line
to provide a transit connection to San Jose and the rest of the Silicon Valley. Important
criteria used to prioritize funding at the local and state level is ridership projections and
indications of a willingness on the part of local jurisdictions to implement Land Use
policies and decisions that support mass transit. The proposed Entitlements, which seek
approval to develop a site in the Vason Light Rail area more densely than it is currently
developed, offer the Town an opportunity to prove that its land use policies and decisions
support mass transit.
Additional Community Benefits were offered with the prior project as outlined below:
• Additional monetary contributions towards roadway and intersection improvements that
were not required as mitigation for the project under the CEQA analysis based on a rate
of $1.83 per square foot of new construction up to 300,000 sq. ft. (total cap of $550,000)
• Town is reimbursed $370,000 towards the construction of improvements at the
intersection of Lark and University Avenues
• Community Benefit contribution of $1.50 per square foot of new construction up to a
maximum of $650,000 for design and construction of a pedestrian bridge from Los Gatos
Creekside Sports Park to the Creek Trail; and design and construction of improvements
to the Creek Trail along Charter Oaks Drive;
• Additional monetary contribution for each residential unit constructed (as part of
Community Benefit) for design and construction of very low income housing and/or
affordable senior housing within the Town.
F. Phasing
The project will be constructed in phases. The phasing process could accommodate variations of
the entire project that would allow continued office/R&D use of the existing buildings on the
project site while new office/R&D space is constructed. The PD plans show a few variations of
possible phasing of the proposed project. However, the applicant has signed a lease with Netflix
for Building 1, which would be the first building to be constructed if the project is approved.
Demolition of existing buildings and construction of the proposed maximum 550,000 square feet
of new buildings, new parking lots, parking garage, and landscaping is proposed to be completed
in approximately 16 to 60 months, depending on project phasing, market conditions, and the
extent of new development. Prior to the construction of the buildings in any phase, demolition of
certain existing structures would be completed in approximately one to four months, depending
Planning Commission Staff Report - Page 16
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April 24, 2013
on the number of buildings being demolished. The construction of a single new building with its
landscaping and parking would take approximately 14 months.
The actual phasing plans will be reviewed by Town staff to confirm compliance with the PD.
The Commission should consider the Phasing of the proposed development when formulating a
recommendation to the Town Council.
G. Trees and Landscaping
As part of past development projects, the subject property has been landscaped with ornamental
trees, shrubs, and ground cover surrounding the office buildings on the site. A tree survey and
inventory for the project site was prepared for the property and indicates that there are 579 trees
on the site or near the site boundary, most of which are in fair to good condition.
Project implementation would require the removal of existing ornamental landscaping, including
approximately 308 protected trees (i.e., those covered by the Town’s Tree Protection Ordinance),
while approximately 248 protected trees would be retained. Five non-protected trees would be
removed and six non-protected trees would be retained. The project would include the
replacement of landscaping that would be removed and the transplanting of 12 trees, including
nine redwoods and three oaks and 591 new trees are proposed to be planted. See table below for
tree disposition.
Protected Not Protected Total
Existing 568 11 579
Removals 308 5 313
Retained 248 6 254
Relocated 12 N/A 12
New Trees 591 N/A 591
Total Trees On Site At Project Completion 851 6 857
The project would retain and protect the majority of trees on the perimeter of the property to
preserve the existing screening from the residential neighborhoods adjoining the project site
(Charter Oaks neighborhood) and from Winchester Boulevard.
The project applicant has agreed to enter into a Tree Replacement Agreement with the Town that
would provide for monitoring of transplanted trees and require replacement of any transplanted
trees that do not survive. A conceptual landscaping plan that conforms to the proposed zoning
and is the actual landscaping plan submitted as part of the A&S approval application is contained
in Exhibit 14. The project allows development to occur in phases. If the applicant elects to build
the project in phases and any undeveloped site(s) for future phase(s) are created on an interim
basis, then provisions will be made for temporary landscaping and/or other attractive low
Planning Commission Staff Report - Page 17
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April 24, 2013
maintenance improvements. Similar provisions will be made for security and maintenance of any
undeveloped land to be developed under future phases.
All removed trees would be required to be replaced pursuant to Town Code requirements. For a
more detailed analysis and further information regarding the potential biological resources
impacts please refer to the DEIR (Exhibit 1) and FEIR (Exhibit 2).
H. Drainage/NPDES Compliance
Currently, surface water runoff onsite is either conveyed to the existing storm drain system or
infiltrates into the ground where pervious surfaces exist. Under the proposed project, there would
be a net reduction of 15,964 square feet (approximately 0.4 acres) of impervious surfaces which
helps with natural infiltration. Further, stormwater runoff from the new impervious surfaces
(driveways, parking areas, and building rooftops) would be filtered and minimally infiltrated to
the groundwater through 26 bioretention areas and then directed into the storm drain system. In
addition, flows from walkways and pedestrian improvements would also be infiltrated to the
groundwater through self-retaining treatment basins located in adjacent landscaped areas.
The proposed drainage system and compliance with the provisions of C.3 was reviewed by the
Town’s stormwater consultant, EOA (See Exhibit 1, Appendix E). For a more detailed analysis
and further information regarding the potential drainage impacts please refer to the DEIR
(Exhibit 1) and FEIR (Exhibit 2).
CEQA DETERMINATION:
The Town contracted with Geier and Geier to conduct the environmental assessment and to
prepare an EIR for the proposed project. A number of technical reports were prepared as part of
this process (Appendix A-K of the DEIR). The Notice of Preparation of the EIR was circulated
for a 30-day public review period beginning August 3, 2012, and ending September 4, 2012.
During this review period a Public Scoping meeting was held on August 27, 2012, to take
comments on the potential scope of the EIR. The Draft EIR (Exhibit 1) was circulated for public
review on January 29, 2013, with a 45-day public comment period ending on March 14, 2013. A
FEIR (Exhibit 2), including responses to comments received on the Draft EIR was prepared and
provided to commenting agencies and individuals on April 12, 2013. This new document
(Exhibit 2), along with the Draft EIR (Exhibit 1), constitute the full Final EIR that the Town
Council will have to certify should it decide to approve the project.
The areas that require formal mitigation measures based on the DEIR’s findings are as follows:
• Biologic Resources
• Geology, Soils, and Seismicity
• Noise and Vibration
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• Air Quality
• Noise
• Air Quality
• Greenhouse Gases
• Hazards and Hazardous Materials
• Cultural Resources
All potentially significant impacts will be reduced to a less than significant level through
proposed mitigation measures, if adopted by the Town Council as recommended by staff. All
mitigation measures are included as performance standards in the PD Ordinance (Exhibit 13) and
as Conditions of Approval for the Architecture and Site application (Exhibit 7). In addition, a
Mitigation Monitoring and Reporting Program (Exhibit 3) has been prepared to designate the
responsible department or agency, and timing of each mitigation measure.
According to Section 15126.6€(2) of the CEQA Guidelines, if the “Environmentally Superior
Alternative” is the “No Project” Alternative, the EIR shall also identify an Environmentally
Superior Alternative among the other alternatives. Although this section of the Guidelines does
not define how the Environmentally Superior Alternative is to be identified, the Town’s practice
is to determine which alternative would result in the fewest or least severe environmental
impacts as the Environmentally Superior Alternative. However, nothing in CEQA requires a
public agency to approve the Environmentally Superior Alternative, especially where all of the
significant effects of a proposed project can be mitigated to a less than significant level.
The DEIR (Exhibit 1) compares the impacts of three alternatives with the proposed project. The
alternatives identified were the No Project, Reduced Intensity (350,000 sq. ft. in two two-story
buildings and two three-story buildings with a height limit of 55 feet) and Reduced Height
(550,000 sq. ft. in eight buildings with a height limit of 35 feet and some underground parking)
alternatives. For a more detailed analysis and further information regarding the alternatives
considered please refer to the DEIR (Exhibit 1) and FEIR (Exhibit 2).
All of the project alternatives would reduce or have the same traffic impacts as the proposed
project. The No Project, Reduced Intensity, and Reduced Height alternatives could further
reduce aesthetic impacts, which were determined to be less than significant for the proposed
project. When the overall environmental impacts of each alternative are taken into consideration,
other than the No Project alternative, the Reduced Intensity Alternative would provide the
greatest reduction in potentially significant environmental effects when compared to the
proposed project, and therefore, would be the Environmentally Superior Alternative. However,
this alternative would not meet some of the project objectives. The deciding body has the
authority to approve the proposed project over the environmentally superior alternative if the
body finds that the mitigation measures recommended for the project will be adopted and will
reduce the potentially significant impacts to less than significant levels. As noted previously, all
potentially significant impacts associated with the proposed Albright project could be reduced to
Planning Commission Staff Report - Page 19
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April 24, 2013
less than significant with the adoption of recommended mitigation measures. For a more
detailed analysis and further information regarding the alternatives considered please refer to the
DEIR (Exhibit 1) and FEIR (Exhibit 2).
The applicant has provided a feasibility analysis illustrating why the Reduced Intensity
alternative is not feasible (Exhibit 10). Nothing in CEQA, however, requires the Town’s
decision makers to agree with or accept the applicant’s analysis as a precondition to approving
the proposed project, given its lack of any significant unavoidable effects.
COMMERCIAL DESIGN GUIDELINES:
The Common Design Guidelines of the Commercial Design Guidelines (CDG) (pages 9-14) are
applicable to the A&S application approval process. Common design guidelines presented in the
Town’s CDG include: breaking up overall building masses into smaller segments similar to
those of nearby structures to maintain and reinforce the unique scale and character of Los Gatos;
providing a richness of architectural façade depth and detail; and incorporating sustainable
design strategies as appropriate, such as energy efficient HVAC systems, solar energy, operable
windows, sun control methods, sun shades, minimization of storm water runoff, use of recycled
materials, and energy efficient lighting. The proposed project would be consistent with the
Town’s Commercial Design Guidelines. The mass of the buildings is broken down into smaller
elements, with large sections protruding or receding from the primary plane of the buildings’
envelopes. A richness of architectural façade depth and detail is provided by the use of columns,
window mullions, and high-quality materials.
The applicant has provided information illustrating why it believes the project is consistent with
the Common Design Guidelines of the Commercial Design Guidelines (Exhibit 9). The Planning
Commission should consider the Common Design Guidelines of the Commercial Design
Guidelines when formulating a recommendation to Town Council.
GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS:
Since a portion of the subject property is within 50 feet of the top of the Los Gatos Creek bank,
the proposed project is required to comply with the applicable Guidelines and Standards for Land
Use Near Streams (Guidelines). The landscape plan for the proposed project will comply with
the Guidelines. Some of the measures in the Guidelines apply only if construction may impact a
bank and thus have no application to the proposed project. The MMRP (Exhibit 3) contains a
Mitigation Measure (4.3-6 of Exhibit 3) that identifies which of the measures from the
Guidelines must be incorporated for compliance with the Guidelines. These measures would
apply to the entire project, not just to areas within 50 feet of the top of the creek bank.
The applicant has provided information illustrating why it believes the project is in substantial
compliance with the applicable provisions of the Guidelines (Exhibit 9). The Planning
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Commission should consider the applicable provisions of the Guidelines, as noted in the MMRP
(Exhibit 3), when formulating a recommendation to the Town Council.
PUBLIC COMMENTS:
All written communications that were received following the deadline to provide comments on
the DEIR (March 14, 2013) and prior to the finalization of this report are included in Exhibit 12.
CONCLUSION / RECOMMENDATION:
A. Conclusion
The Commission should carefully consider the following issues when formulating a
recommendation to Town Council:
• Height;
• Mass and Scale;
• Neighborhood compatibility;
• Community Benefit;
• Phasing;
• Freeway signs;
• Commercial Design Guidelines; and
• Guidelines and Standards for Land Use Near Streams.
The Commission should also consider whether the proposed project is consistent with the
General Plan. General Plan consistency is discussed in throughout the DEIR and in Section
8.4.2 of the FEIR.
B. Recommendation
If the Commission finds merit with the proposal, staff recommends the following actions:
1. Find that the Planned Development is consistent with the General Plan (Exhibit 6);
2. Make the findings as required by the Town’s Traffic Policy for community benefit
(Exhibit 6); and
3. Forward a recommendation for approval of the following to the Town Council:
a. Final Environmental Impact Report (Exhibit 1 and 2);
b. CEQA Findings of Fact (Exhibit 5)
c. Mitigation Monitoring and Reporting Program (Exhibit 3);
d. Planned Development Ordinance (Exhibit 13); and
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4. Forward a recommendation for approval of the Architecture and Site application (Exhibit
14) subject to the proposed conditions of approval (Exhibit 8) with the following
findings:
a. Find that the project is consistent with the PD ordinance (Exhibit 7); and
b. Find that the project is consistent with Section 29.10.09030(e) of the Town Code
for the demolition of commercial buildings (Exhibit 7); and
c. Find that the project is consistent with the Common Design guidelines of the
Commercial Design Guidelines (Exhibit 7); and
d. Find that the project is in substantial compliance with applicable provisions of the
Guidelines and Standards for Land Use Near Streams (Exhibit 7); and
e. Find that the project is consistent with the considerations for approval of an
Architecture and Site application (Exhibit 7).
Alternatively, the Commission can:
1. Forward a recommendation of approval of the Planned Development and Architecture
and Site applications to the Town Council with direction for modifications to the
proposal; or
2. Forward a recommendation of denial of the Planned Development and Architecture and
Site application to the Town Council.
__________________________________
Prepared by: Approved by:
Joel Paulson, AICP Todd Capurso,
Principal Planner Acting Director of Community Development
TC:JP
cc: John Shenk, 700 Emerson Street, Palo Alto, CA 94301
Los Gatos Business Park, 4 Orinda Way, Suite 170-D, Orinda, CA 94563
N:\DEV\PC REPORTS\2013\Albright.doc
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Town of Los Gatos CEQA Findings of Fact
Albright Office Park 1 May ____, 2013
CEQA FINDINGS OF FACT
of the
TOWN COUNCIL OF
THE TOWN OF LOS GATOS
for the
ALBRIGHT OFFICE PARK
May __, 2013
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 2 May ____, 2013
I. Introduction
The Albright Office Park project (“the Project”) will involve the development of up to
550,000 square feet of office/research & development (R&D) space (including office-
serving amenities), one parking garage, surface parking areas, new access driveways, and
new landscaping and private open space. The Project will require the removal of ten
existing buildings totaling approximately 250,000 square feet of office/R&D space and
entail the construction of up to four new larger office/ R&D buildings at full build out,
for a total net increase of 300,000 square feet of office/R&D space.
The Town of Los Gatos (“Town”), as lead agency, prepared a Draft Environmental
Impact Report (EIR) for the Project in January, 2013 (State Clearinghouse No.
2012082020)1. This document was made available for review on January 29, 2013, for a
forty-five (45) day review period. Accordingly, written comments were solicited until
March 14, 2013. The Town of Los Gatos prepared responses to comments on the Draft
EIR, and published both comments and responses to comments in the April 2013 Final
EIR, which was posted on the Town’s website on April 11, 2013.
These findings have been prepared in accordance with the California Environmental
Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and its implementing
guidelines (“CEQA Guidelines”) (Cal. Code Regs., tit. 14, § 15000 et seq.).
II. Project Description
The project applicant proposes to develop up to 550,000 square feet of office/research
and development (R&D) space (including office-serving amenities), one parking garage,
surface parking areas, new access driveways, and new landscaping and private open
space on the subject property located at 90-160 Albright Way and 14600 Winchester
Boulevard. The site is located in the northern part of the Town of Los Gatos, immediately
east of Winchester Boulevard and south of the State Route 85 (SR 85) freeway. As noted
above, the Project will require the removal of ten existing buildings totaling
approximately 250,000 square feet of office/R&D space and allow the construction of up
to four new larger office/R&D buildings at full build out. Project implementation would
result in a net increase of 300,000 square feet of office/R&D space. The Albright Way
loop road will be eliminated to accommodate the new buildings, and new driveways will
be constructed to provide access to the new buildings as well as to provide emergency
vehicle access. The driveways will serve the parking lots and one new parking garage.
(Draft EIR, p. 2-1.)
The Project proposed a new Planned Development (PD) overlay zone to replace the
existing CM: PD (Controlled Manufacturing, Planned Development) zoning designation
1 See Cal. Code Regs., tit. 14, section 15367 for a definition of “lead agency.”
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 3 May ____, 2013
on the property. The PD overlay would allow the development of the site for expanded
office/R&D space (including office-serving amenities). The PD overlay zone is a
specially tailored development tool that designates site-specific zoning regulations
consistent with the General Plan, sets development standards for a site, and establishes
site design guidance. The PD overlay zone is intended to ensure orderly planning and
quality design that will be in harmony with the existing or potential development of the
surrounding neighborhood. The development of the Albright Project site will comply
with the standards and guidelines established in the PD overlay, as determined by the
Town through the Architecture and Site (“A&S”) approval process. (Ibid.)
The PD overlay requires A&S approval, in conformance with the use and development
standards and design guidance in the PD Overlay, prior to construction of new buildings.
(Ibid.)
A. Location
The subject property is located at 90-160 Albright Way and 14600 Winchester Boulevard
in the northern part of the Town of Los Gatos, immediately east of Winchester Boulevard
and south of the State Route 85 (SR 85) freeway. Winchester Boulevard and a Union
Pacific Railroad right-of-way bound the project site on the west, while SR 85 bounds the
northern side of the property. The Los Gatos Creek Trail, which separates the property
from and runs along Los Gatos Creek, bounds the property on the east, and the Charter
Oaks residential neighborhood bounds the project site on the south. The headquarter
offices of the Santa Clara County Fire Department are adjacent to the south side of the
14600 Winchester Boulevard office building, and adjoin the southwestern site boundary.
(Draft EIR, p. 3-1.)
The project site consists of ten developed parcels within the Los Gatos Business Park at
the intersection of Albright Way and Winchester Boulevard. Albright Way is a loop road
providing the principal access to the property; however, vehicular access to the project
site is also available via a driveway on Winchester Boulevard at the southwest corner of
the site. The subject property is developed with ten one-story and two two-story office/
R&D buildings along with associated driveways, parking areas, and landscaping. The
buildings were constructed on the site in the 1970s and 1980s. The rear parking lot for
151 Albright Way adjoins the paved Los Gatos Creek Trail, which extends northward
under SR 85 to downtown San Jose and southward past the Charter Oaks residential
subdivision, connecting to Vasona Reservoir, and eventually ending at Lexington
Reservoir. Vasona Reservoir is located approximately 0.6 miles to the south of the
project site. (Ibid.)
The project site is bounded on the north by SR 85, with offices and residential
development immediately north of this freeway. The Vasona Light Rail station is
proposed for a site also located immediately north of the freeway and the Valley
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 4 May ____, 2013
Transportation Authority has acquired all required right-of-way to extend the existing rail
line to this location. The Santa Clara Valley Water District has jurisdiction over the Los
Gatos Creek and the Los Gatos Creek Trail, which adjoin the project site on its eastern
boundary. Across the Water District’s property from the site, there is a mobile home
facility, the Bonnie View Park and a remnant orchard parcel. Single-family attached
homes (townhomes) of the Charter Oaks neighborhood adjoin the southern perimeter of
the project site. The headquarter offices of the Santa Clara County Fire Department are
adjacent to the south side of the 14600 Winchester Boulevard office building. West of
Winchester Boulevard and 100 to 150 feet from the subject property are the Courtside
Club facilities, residences on Smith Ranch Court, and vacant parcels adjoining the
southbound off-ramp from SR 85 to Winchester Boulevard. Union Pacific railroad
property and tracks are located along a portion of the western property boundary between
the project site and Winchester Boulevard. (Draft EIR, pp. 3-1, 3-5.)
B. Purpose and Objectives
CEQA Guidelines section 15124 requires that the “Project Description” portion of a Draft
EIR set forth “[a] statement of the objectives sought by the proposed project.” The
Town’s Draft EIR for the Albright Project identified “project objectives” for both the
project applicant and the Town. The following are the applicant’s objectives:
1. Develop a project that is consistent and compatible with the existing land uses in
the surrounding area.
2. Develop an office/R&D park of sufficient size and quality that enable it to attract
and accommodate large corporate tenants.
3. Develop an office/R&D park of sufficient density to take advantage of the site’s
proximity to the existing and planned transit facilities.
4. Design office/R&D buildings that satisfy modern tenant demands for site
configurations, amenities, and efficient/effective employee collaboration space.
5. Provide adequate parking spaces to accommodate the operations of the new
occupants as well as adequate spaces for business invitees.
6. Construct an environmentally sensitive design with green building techniques.
7. Develop office/R&D buildings that maximize on-site open space through project
massing and sensitive design.
8. Develop a project that will create construction jobs and employment opportunities
in the Town of Los Gatos.
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 5 May ____, 2013
9. Develop a project of sufficient density to support the proposed project amenities,
and to be financeable and financially feasible.
In issuing the Draft EIR, the Town did not want to prejudge the proposed project by
embracing the applicant’s project objectives at the outset of the environmental review
process. Instead, in order to be able to respond to the applicant’s proposal in light of the
Town’s own legislative policies, the Town staff chose to formulate the Town’s own
project objectives based on what staff believed were key relevant policies from the
Town’s 2020 General Plan.
Because the project site is located within the part of the Town subject to the Vasona Light
Rail (VLR) Element of the General Plan, the Town’s objectives reflect the goals and
policies of that Element. The Town’s objectives also reflect some important goals and
policies of the Environment and Sustainability Element of the General Plan. The Town’s
objectives are listed below:
1. Encourage a mix of commercial, office, light industrial and recreational uses
within the Vasona Light Rail area, especially in areas less suited to residential
development due to noise (Policy VLR-3.3).
2. Work with developers and agencies to ensure that the Vasona Junction sub-area
(located just north of the project site) is developed in a manner that takes full
advantage of the mass transit opportunities afforded by the Vasona Light Rail
(Policy VLR-9.2).
3. Encourage site plans in the Vasona Light Rail area to be designed to minimize
traffic impacts and preserve sufficient open space (Policy VLR-6.2)
4. Facilitate and encourage pedestrian activity through the siting, scale, and design of
buildings in relationship to each other (Policy VLR-6.3).
5. Provide opportunities for a variety of non-residential land uses within the Vasona
Light Rail area (Goal VLR-4) and limit impacts of non-residential development
projects on existing residential uses (Policy VLR-4.2).
6. Orient development to take advantage of the amenities of Los Gatos Creek and the
Creek Trail (Policy VLR-5.2).
7. Contribute to the Town’s efforts to reduce overall greenhouse gas (GHG)
emissions to 1990 levels by 2020 (Goal ENV-14) by reducing use of non-
renewable energy resources and expanding the use of renewable resources and
alternative fuels (Goal ENV-16), and promoting green buildings that minimize
consumption of energy and natural resources (Goal ENV-17).
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 6 May ____, 2013
8. Encourage the use of energy conservation techniques and technology in order to
improve energy conservation (Policy ENV-16.1).
9. Encourage new development to incorporate measures that reduce energy use
through solar orientation by taking advantage of shade, prevailing winds,
landscaping, and sun screens (Policy ENV-16.6).
10. Require new construction to use energy- and resource-efficient and ecologically
sound designs, technologies, and building materials, as well as recycled materials
to promote sustainability (Policy ENV-17.1).
11. Encourage reductions in the use of nonrenewable resources in building
construction, maintenance, and operations (Policy ENV-17.3).
(DEIR, pp. 3-5 to 3-8.)
III. Environmental Review Process
On August 2, 2012, the Town published a Notice of Preparation (NOP) for the Draft
EIR(see DEIR, Appendix A), thereby notifying responsible agencies, trustee agencies,
adjacent local agencies, transportation planning agencies, the public, and other interested
parties of the scoping period and giving them the opportunity to transmit their concerns
and comments on the scope and content of the Draft EIR.
On January 29, 2013, the Town published the Draft EIR for the Albright Project,
commencing a 45-day public review period that ended on March 14, 2013.
On April 11, 2013, the Town issued the proposed Final EIR for consideration by the
Town’s Planning Commission and, subsequently, by the Town Council.
IV. Record of Proceedings
In accordance with Public Resources Code section 21167.6, subdivision (e), the record of
proceedings for the Town of Los Gatos’ decision on the Project includes the following
documents:
The Record of Proceedings from Los Gatos Citizens for Responsible Development
et al. v. Town of Los Gatos et al. (Santa Clara County Superior Court Case No.
111 CV 209214);
The January 2013 Draft EIR and its appendices;
The April 2013 Final EIR and its appendices;
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 7 May ____, 2013
All documents cited or referenced in the Draft and Final EIRs;
The Mitigation Monitoring and Reporting Program for the Project;
All findings and resolutions adopted by the Town of Los Gatos in connection with
the Project and all documents cited or referred to therein;
All reports, studies, memoranda, maps, staff reports, or other planning documents
relating to the Project prepared by the Town of Los Gatos relevant to the Town’s
compliance with the requirements of CEQA and the Town’s action on the Project;
All documents submitted to the Town by the applicant, by other public agencies or
members of the public in connection with the Project, up through the close of the
final public hearing on Project before the Town Council held on May __, 2013;
Any minutes and/or verbatim transcripts of public meetings and public hearings
held by the Town of Los Gatos in connection with the Project;
Any documentary or other evidence submitted to the Town of Los Gatos at such
public meetings and public hearings;
Any and all resolutions adopted by the Planning Commission and the Town
Council of the Town of Los Gatos regarding the Project, and all staff reports,
analyses, and summaries related to the adoption of those resolutions;
Matters of common knowledge to the Town of Los Gatos, including, but not
limited to federal, state, and local laws and regulations;
Town of Los Gatos 2020 General Plan;
Town of Los Gatos 2020 General Plan Final Environmental Impact Report;
Town of Los Gatos General Plan Update Background Report;
Los Gatos Town Codes;
Los Gatos Sustainability Plan;
Any documents expressly cited in these findings, in addition to those cited above;
and
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 8 May ____, 2013
Any other materials required for the record of proceedings by Public Resources
Code section 21167.6, subdivision (e).
The documents constituting the record of proceedings are available for review by
responsible agencies and interested members of the public: from 8:00 a.m. to 1:00 p.m.,
Monday through Friday, at the Los Gatos Community Development Department at 110
East Main Street; from 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Town
Clerk office at 110 East Main Street; and during regular business hours, at the Town
Library at 100 Villa Avenue. The custodian of these documents is the Community
Development Department. This information is provided in compliance with Public
Resources Code section 21081.6.
The Town’s decision makers have relied on all of the documents listed above in reaching
their decisions on the Project even if not every document was formally presented to the
decision makers. Without exception, any documents set forth above not found in the
project files fall into one of two categories. Many of them reflect prior planning or
legislative decisions with which the Town of Los Gatos was aware in approving the
proposed project. (See City of Santa Cruz v. Local Agency Formation Commission
(1978) 76 Cal.App.3d 381, 391-392; Dominey v. Department of Personnel
Administration (1988) 205 Cal.App.3d 729, 738, fn. 6.) Other documents influenced the
expert advice provided to the Town of Los Gatos staff or consultants, who then provided
advice to the Town Council as final decision makers. For that reason, such documents
form part of the underlying factual basis for the Town’s decisions relating to approval of
the proposed project. (See Pub. Resources Code, § 21167.6, subd. (e)(10); Browning-
Ferris Industries v. City Council of City of San Jose (1986) 181 Cal.App.3d 852, 866;
Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, 153,
155.)
V. Findings Required Under CEQA
Public Resources Code section 21002 provides that “public agencies should not approve
projects as proposed if there are feasible alternatives or feasible mitigation measures
available which would substantially lessen the significant environmental effects of such
projects[.]” The same statute provides that the procedures required by CEQA “are
intended to assist public agencies in systematically identifying both the significant effects
of Projects and the feasible alternatives or feasible mitigation measures which will avoid
or substantially lessen such significant effects.” Section 21002 goes on to provide that “in
the event [that] specific economic, social, or other conditions make infeasible such
project alternatives or such mitigation measures, individual projects may be approved in
spite of one or more significant effects thereof.”
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 9 May ____, 2013
The mandate and principles announced in Public Resources Code section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which EIRs are required. This mandate to adopt findings is found
in Public Resources Code section 21081, subdivision (a), and CEQA Guidelines section
15091, subdivision (a). Under these provisions, for each significant environmental effect
identified in an EIR for a Project, the approving agency must issue a written finding
reaching one or more of three permissible conclusions. The first such finding is that
changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
The second permissible finding is that such changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the
finding, and that such changes have been adopted by, or can and should be adopted by,
such other agency. The third potential conclusion is that specific economic, legal, social,
technological, or other considerations, including provision of employment opportunities
for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the final EIR. (CEQA Guidelines, § 15091.) “[F]easible” means
capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, environmental, social, legal, and technological factors.”
(CEQA Guidelines, § 15364.)
Here, as set forth in Table A to CEQA Findings, the Town Council has adopted the first
permissible finding with respect to all significant effects identified in the EIR, concluding
that all such effects can be mitigated to less than significant levels. The Town Council
therefore has no need to consider the feasibility of any project alternatives. (Pub.
Resources Code, § 21002; Laurel Hills Homeowners Association v. City Council (1978)
83 Cal.App.3d 515, 521 (Laurel Hills); see also Kings County Farm Bureau v. City of
Hanford (1990) 221 Cal.App.3d 692, 730-731; and Laurel Heights Improvement
Association v. Regents of the University of California (1988) 47 Cal.3d 376, 400-403.)
Under CEQA, where the significant impacts of a project cannot be avoided or
substantially lessened, either by mitigation measures or a project alternative, a public
agency, after adopting proper findings, may nevertheless approve the project if the
agency first adopts a “statement of overriding considerations” setting forth the specific
reasons that the agency found the project’s benefits outweigh its unavoidable adverse
environmental effects. (CEQA Guidelines, § 15093; Pub. Resources Code, § 21081,
subd. (b).) Here, however, as noted above, the Town of Los Gatos has identified and
adopted feasible mitigation measures that mitigate all significant environmental impacts
of the Project to less than significant levels. Thus, just as the Town is not required to
address the feasibility of alternatives, the Town is also not required to adopt a Statement
of Overriding Considerations for the Project.
Town of Los Gatos CEQA Findings of Fact
Albright Office Park 10 May ____, 2013
VI. Mitigation Monitoring and Reporting Program
Subdivision (a) of Public Resources Code section 21081.6 requires lead agencies to
“adopt a reporting and mitigation monitoring program for the changes to the project
which it has adopted or made a condition of project approval in order to mitigate or avoid
significant effects on the environment.” For the Albright Project, the Town satisfied this
obligation by preparing a Mitigation Monitoring and Reporting Program (MMRP), which
was attached as Appendix L to the Final EIR. The MMRP provides a list of all adopted
project mitigation measures, identifies the parties responsible for implementing such
measures, and identifies the timing for implementing each measure. The MMRP is being
approved concurrently with the adoption of these Findings of Fact.
VII. Significant Effects and Mitigation Measures
The Draft EIR identified a number potentially significant environmental effects (or
impacts) that the Project will cause or contribute to. All of these effects can be mitigated
to less than significant levels through the adoption of feasible mitigation measures. The
Project thus will not result in any significant and unavoidable impacts. The Town of Los
Gatos’ findings with respect to the Project’s significant and potentially significant effects
and mitigation measures are set forth in the table attached to these findings (Table A to
CEQA Findings). The findings set forth in the table are hereby incorporated herein by
reference.
This table does not attempt to describe the full analysis of each environmental impact
contained in the Draft and Final EIRs. Instead, the table provides a summary description
of each impact, describes the applicable mitigation measures identified in the Draft EIR
or Final EIR and adopted by the Town of Los Gatos, and states the Town’s findings on
the significance of each impact after imposition of the adopted mitigation measures. A
full explanation of these environmental findings and conclusions can be found in the
Draft EIR and Final EIR, and these findings hereby incorporate by reference the
discussions and analyses in those documents supporting the Final EIR’s determinations
regarding mitigation measures and the Projects’ impacts and mitigation measures
designed to address those impacts. In making these findings, the Town of Los Gatos
ratifies, adopts, and incorporates into these findings the analyses and explanations in the
Draft EIR and Final EIR, and ratifies, adopts, and incorporates in these findings the
determinations and conclusions of those documents relating to environmental impacts
and mitigation measures, except to the extent any such determinations and conclusions
are specifically and expressly modified by these findings.
Significant = S Potentially Significant = PS Less than Significant = LTS
1
Town of Los Gatos - CEQA Findings
TOWN OF LOS GATOS
CEQA FINDINGS
(TABLE A)
TABLE OF IMPACTS, MITIGATION MEASURES AND CEQA FINDINGS
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Land Use
Impact 4.1-1: The project
would not physically
divide an established
community. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.1-2: The project
would not conflict with any
applicable land use plan,
policy, or regulation of an
agency with jurisdiction
over the project adopted for
the purpose of avoiding or
mitigating an
environmental effect.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Aesthetics
Impact 4.2-1: The project
would not substantially
affect scenic vistas. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.2-2: The project
would not substantially
damage scenic resources,
including, but not limited
to, trees, rock
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
2
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
outcroppings, and historic
buildings within a state
scenic highway. (LTS)
Impact 4.2-3: The project
would not substantially
degrade the visual
character or quality of the
site and its surroundings.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.2-4: The project
would not create a new
source of substantial light
or glare which would
adversely affect day or
nighttime views in the area.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Biological Resources
Impact 4.3-1: Project
development would not
have a substantial adverse
effect, either directly or
through habitat
modifications, on any plant
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-2: Project 4.3-2, Protection of Nesting Special-status and LTS Finding: Implementation of Mitigation Measure 4.3-2 will reduce this
Significant = S Potentially Significant = PS Less than Significant = LTS
3
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
development could result
in a substantial adverse
effect, either directly or
through habitat
modifications, on bird
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(S)
Migratory Birds: In order to avoid impacts to
special-status and migratory bird species during
project implementation, the measures outlined
below shall be implemented. With the
incorporation of the following measures,
significant impacts on these species would be
avoided.
a. The removal of trees and shrubs shall be
minimized to the extent feasible.
b. If tree removal, pruning, grubbing and
demolition activities are necessary, such
activities shall be conducted outside of the
breeding season (i.e., between September 1 and
January 31), to avoid impacts to nesting birds.
c. If tree removal, pruning, grubbing and
demolition activities are scheduled to
commence during the bird breeding season (i.e.,
between February 1 and August 31), a
preconstruction survey shall be conducted by a
qualified biologist no more than two weeks
prior to the initiation of work. The
preconstruction survey shall include the project
footprint and up to a 300-foot buffer, access
and sight-lines permitting. If no active nests of
migratory birds are found, work may proceed
without restriction and no further measures are
necessary. If work is delayed more than two
weeks, the preconstruction survey shall be
repeated, if determined necessary by the project
biologist.
d. If active nests (i.e. nests with eggs or young
birds present, or hosting an actively breeding
adult pair) of special-status or migratory birds
are detected, the project biologist shall
designate non-disturbance buffers at a distance
sufficient to minimize disturbance based on the
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Special-status and migratory bird species will be protected by
implementation of Mitigation Measure 4.3-2 because it will limit
intrusion on active nesting sites for these birds. Mitigation Measure
4.3-2 will take several steps to prevent impacts. First, the Mitigation
Measure calls for minimizing removal of trees and shrubs, which
could be bird habitat. Second, if vegetation removal is necessary, it
will not be done during breeding season, if possible. Third, if
vegetation removal must be done during bird breeding season, then
prior to beginning work, a preconstruction survey will be performed,
and a 300 foot buffer around the active nests must be identified.
Fourth, in the event that there are active nests, work will cease in the
protective area until the young birds have fledged and left the nest.
Fifth and finally, if work must be done near active nests, a qualified
biologist will monitor the nests to ensure that there is no harm to the
nests. If the project activities are disturbing the nests, work shall cease
immediately and the CDFW and USFWS shall be contacted for
guidance. This impact is less than significant after mitigation since
take of special-status or other migratory birds would be avoided with
implementation of these measures.
(DEIR, pp.4.3-25 to 4.3-26.)
Significant = S Potentially Significant = PS Less than Significant = LTS
4
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
nest location, topography, cover, species, and
the type/duration of potential disturbance. No
work shall occur within the non-disturbance
buffers until the young have fledged, as
determined by a qualified biologist. The
appropriate buffer size shall be determined in
cooperation with the CDFW and/or the
USFWS. If, despite the establishment of a non-
disturbance buffer it is determined that project
activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the
USFWS shall be contacted for further guidance.
e. If project activities must occur within the non-
disturbance buffer, a qualified biologist shall
monitor the nest(s) to document that no take of
the nest (i.e., nest failure) will result. If it is
determined that project activities are resulting
in nest disturbance, work shall cease
immediately and the CDFW and the USFWS
shall be contacted for further guidance.
Impact 4.3-3: Project
development could result
in a substantial adverse
effect, either directly or
through habitat
modifications on roosting
bat species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(S)
4.3-3, Protection of Roosting Bats: In order to
avoid impacts to special-status bat species during
project implementation, the measures outlined
below shall be implemented. With the
incorporation of the following measures,
significant impacts on these species would be
avoided.
a. Prior to the removal or significant pruning of
trees and the demolition of 90 Albright Way, a
qualified bat biologist shall assess them for the
potential to support roosting bats. Suitable bat
roosting sites include trees with snags, rotten
stumps, and decadent trees with broken limbs,
exfoliating bark, cavities, and structures with
cracks, joint seams and other openings to
LTS Finding: Implementation of Mitigation Measure 4.3-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Mitigation Measure 4.3-3 will avoid impacts to special-status bat
species during the project by inducing the abandonment or exclusion
of bats from roosting areas where they are present prior to
construction. If there are maternity roosts for special-status bat species
on the project site, a buffer zone will be established in consultation
with CDFW. The maternity sites may only be demolished when a
qualified bat biologist has determined that the site is not occupied. By
Significant = S Potentially Significant = PS Less than Significant = LTS
5
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
interior spaces. If there is no evidence of
occupation by bats, work may proceed without
further action.
b. If suitable roosting habitat is present, the bat
biologist shall recommend appropriate
measures to prevent take of bats. Such
measures may include exclusion and humane
eviction (see “c” below) of bats roosting within
structures during seasonal periods of peak
activity (e.g., February 15 - April 15, and
August 15 - October 30), partial dismantling of
structures to induce abandonment, or other
appropriate measures.
c. If bat roosts are identified on the site, the
following measures shall be implemented:
If non-breeding/migratory bats are identified
on the site within a tree or building that is
proposed for removal, then bats shall be
passively excluded from the tree or building.
This is generally accomplished by opening
up the roost area to allow airflow through the
cavity/crevice, or installing one-way doors.
The bat biologist shall confirm that the bats
have been excluded from the tree or building
before it can be removed.
If a maternity roost of a special-status bat
species is detected, an appropriate non-
disturbance buffer zone shall be established
around the roost tree or building site, in
consultation with the CDFW. Maternity
roost sites may be demolished only when it
has been determined by a qualified bat
biologist that the nursery site is not occupied.
Demolition of maternity roost sites may not
be performed during seasonal periods of peak
activity (e.g., February 15 - April 15, and
encouraging bats to leave the area and protecting their roosts if they
are raising pups, Mitigation Measure 4.3-3 will reduce impacts on
special-status bats to a less than significant level.
This impact is less than significant after mitigation because take of
special-status bats would be avoided with implementation of this
measure.
(DEIR, pp. 4.3-26 to 4.3-27; see also Final EIR, p. 4.8-5 for
corrections to original measure as set forth in Draft EIR.)
Significant = S Potentially Significant = PS Less than Significant = LTS
6
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
August 15 - October 30).
Impact 4.3-4: Project
development would not
have a substantial adverse
effect, either directly or
through habitat
modifications, on any other
animal species identified as
a candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the CDFW or USFWS.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-5: Project
development and operation
would not have a
substantial adverse effect
on federally protected
wetlands as defined by
Section 404 of the CWA
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling,
hydrological interruption,
or other means. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-6: Project
development and operation
could have a substantial
adverse effect on riparian
habitat or other sensitive
natural community
identified in local or
4.3-6, Creek Protection: The following measures
from the Town’s adopted “Guidelines and Standards
for Land Use Near Streams” would ensure that site
construction and operation would not result in
indirect adverse effects on the riparian and aquatic
habitats or Los Gatos Creek:
LTS Finding: Implementation of Mitigation Measure 4.3-6 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
Significant = S Potentially Significant = PS Less than Significant = LTS
7
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
regional plans, policies,
regulations, or by the
CDFW or USFWS. (S)
Measures to be Implemented During Project
Construction
a. Project construction activities shall be restricted
to daylight hours; nighttime work shall not be
permitted.
b. Use of elevated flood lights shall not be
permitted; any exterior lighting shall be
directed inward and shall not cause the
illumination of the adjacent riparian habitat.
c. Dust control must be practiced during
demolition and grading.
d. The Town of Los Gatos routinely requires
implementation of protective measures for all
projects adjacent to stream courses. For all
work adjacent to stream channels, best
management practices (BMPs) shall be
implemented to prevent bank erosion,
sedimentation, release of contaminants,
accidental incursion by construction equipment
below the tops of bank. Such measures may
include installation of silt fencing, hay bales,
straw wattles or other protective devices to
prevent the downslope migration of silt or
sediment from the construction site.
Measures to be Implemented During Project
Operation
e. Post-construction BMPs incorporated into the
project’s drainage plan shall comply with
Provision C.3.c of the Municipal Regional
Stormwater Permit (see Impact 4.5-5 in
Section 4.3, Hydrology and Water Quality, for
more discussion) to ensure that no significant
adverse effects on water quality of Los Gatos
Creek or the adjacent riparian habitat would
result.
avoid the significant environmental effect as identified in the EIR.
Explanation:
There are no riparian habitats or other sensitive natural communities
on-site; therefore none of these habitats or communities will be
directly impacted by project implementation. Riparian habitats
associated with the Los Gatos Creek corridor, however, are present
immediately east of the site. The proximity of the project to the Los
Gatos Creek corridor could result in indirect impacts on the creek’s
riparian habitat from operation of construction equipment and
increased levels of human activity, noise, lighting, and drifting dust,
which could potentially disrupt wildlife breeding and normal activities
in the Los Gatos Creek riparian habitat.
Mitigation Measure 4.3-6 will implement measures adopted from the
Town’s “Guidelines and Standards for Land Use Near Streams” to
ensure that site construction and operation will not result in indirect
adverse effects on the riparian and aquatic habitats of Los Gatos
Creek.
Project construction shall be limited to daylight hours, elevated flood
lights shall not be used, and exterior lighting shall be directed inward,
and shall not illuminate adjacent riparian habitat. Dust control
practices shall be implemented during demolition and grading. For all
work adjacent to stream channels, best management practices (BMPs)
shall be implemented to protect stream courses.
During project operation, post-construction BMPs shall be
incorporated into the project’s drainage plan, and shall comply with
Provision C.3.c. of the Municipal Regional Stormwater Permit (see
Impact 4.5-5) to ensure no significant adverse effects on water quality
in Los Gatos Creek or adjacent riparian habitat result from project
operation. Mitigation Measure 4.3-6 will also protect wildlife and
habitat by restricting exterior lighting, and placement of pet food
containers by employees, prohibiting free-roaming pets, designing
exterior trash receptacles to exclude wildlife, and ensuring that
stormwater treatment facilities comply with local and regional water
quality standards.
Significant = S Potentially Significant = PS Less than Significant = LTS
8
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
f. Exterior lighting shall be directed inward and
shall not cause the illumination of the adjacent
riparian habitat.
g. Restrictions shall be in place to prevent the
placement of pet food containers by employees
outdoors in areas accessible to wildlife.
h. Free-roaming domestic pets (e.g., cats, off-
leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed
and maintained to exclude wildlife.
j. All storm water treatment facilities must be in
accordance with local and regional water
quality standards to ensure there is no release of
contaminants into the aquatic environment.
The impact on riparian habitat or other sensitive natural communities
identified in local or regional plans, policies, or regulations, or by the
CDFW or USFWS will be less than significant after mitigation
because the potential for indirect effects on adjacent riparian habitats
will be avoided.
(DEIR, pp. 4.3-28 to 4.3-30.)
Impact 4.3-7: Project
development would not
interfere substantially with
the movement of any
native resident or
migratory fish or wildlife
species or with established
native resident or
migratory wildlife
corridors, or impede the
use of native wildlife
nursery sites. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.3-8: The project
would not conflict with any
local policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
9
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Impact 4.3-9: Project
development would not
substantially reduce the
habitat of a fish or wildlife
species. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Geology and Soils
Impact 4.4-1: The
proposed project would not
result in exposure of people
and structures to potential
adverse effects, including
risk of loss, injury, or death
involving strong ground
shaking. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.4-2: The
proposed project would not
result in substantial erosion
or loss of topsoil. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.4-3: The
proposed project could
cause a geologic unit to
become unstable as a result
of project construction. (S)
4.4-3a, Fill Removal: In accordance with the
recommendations of the project geotechnical
report, the project sponsor shall require the
removal of existing fill materials within proposed
building excavations to a lateral distance of at least
5 feet beyond the building footprint or to a lateral
distance equal to the fill depth below the perimeter
footing, whichever is greater. Reuse of the fill
materials shall only be allowed if they meet the
requirements for engineered fill specified in the
geotechnical report for the project. Materials such
as debris, wood, and trash that do not meet the
requirements shall be screened out of the fill
materials and removed from the site. Fill materials
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 150 91(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The geotechnical investigation identified approximately 1 to 6 feet of
fill materials consisting of regraded native soil. In addition, the berms
along many of the parking areas along Albright Way contain fill
materials. Existing utilities are backfilled with variable fill material,
which could settle in the future, and unused utility lines could collapse
Significant = S Potentially Significant = PS Less than Significant = LTS
10
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
shall be placed in lifts and compacted in
accordance with the compaction requirements
specified in the geotechnical report.
While it is preferable to replace all existing fills
with engineered fills, those fill materials extending
into planned pavement and flat work areas (e.g.
pedestrian concrete and pavers) may be left in
place at the project sponsor’s option. However, the
project sponsor must determine that the fills are of
low risk for future differential settlement and
ensure that the upper 12- to 18-inches of fill below
the subgrade is re-worked and compacted in
accordance with the compaction requirements
specified in the geotechnical report.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
recommendations as necessary.
Mitigation Measure 4.4-3b, Abandonment of
Existing Utilities: In accordance with the
recommendations of the project geotechnical
report, the project sponsor shall ensure that
existing utilities are completely removed from all
building areas. A utility may only be abandoned in
place if it would not pose an unacceptable risk, and
if approved by the geotechnical engineer. If
abandoned in place, the utility must be completely
backfilled with grout or sand -cement slurry and the
ends outside of the building area must be capped
with concrete. Trench fills must also be removed
and replaced with engineered fill with the trench
side slopes flattened to at least 1:1.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
and cause ground loss if not appropriately abandoned. The level of
consolidation of the fill is unknown and settlement could occur if a
structure were located at least partially within the fill materials or over
an unused utility line that collapsed, resulting in distress to the
structure, a potentially significant impact. Implementation of
Mitigation Measures 4.4-3a, Fill Removal, and 4.4-3b, Abandonment
of Existing Utilities, would reduce this impact to a less than
significant level by requiring removal of fill materials and proper
abandonment of existing utility lines within the building areas in
accordance with the recommendations of the project geotechnical
report.
During excavation, geologic materials at the site could also become
unstable, potentially collapsing or causing settlement of adjacent
structures, including buildings, sidewalks, streets, and utilities, a
potentially significant impact. Implementation of Mitigation Measure
4.4-3c, Excavation Safety, would reduce this impact to a less than
significant level by requiring temporary shoring or sloping of all
excavations to prevent collapse, and geotechnical monitoring, if
needed, to monitor for ground settlement adjacent to excavated areas
in accordance with the requirements of the project geotechnical report.
The buildings constructed under the proposed project could also
experience settlement without proper design of subgrade preparations,
site fills, site drainage, foundations, and ancillary features, a
potentially significant impact. Implementation of Mitigation Measure
4.4-3d, Implement Recommendations of the Geotechnical Report,
would reduce this impact to a less than significant level by requiring
the project applicant to implement the recommendations of the project
geotechnical report and any subsequent updates or revisions.
Impacts on geologic unit instability as a result of project construction
will be less than significant with implementation of Mitigation
Measures 4.4-3a through 4.4 3d.
(DEIR, pp. 4.4-15 to 4.4-17.)
Significant = S Potentially Significant = PS Less than Significant = LTS
11
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
recommendations as necessary.
Mitigation Measure 4.4-3c, Excavation Safety:
In accordance with the recommendations of the
project geotechnical report, the project sponsor
shall ensure that the below grade excavations
within the upper five feet below the building
subgrade are sloped at 3:1 (vertical: horizontal)
and that those deeper than five feet below the
building subgrade as well as those excavations in
pavement and flatwork areas are sloped at a
maximum inclination of 1.5:1. Alternatively,
temporary shoring may be used to support the
excavations. The design of the shoring shall be left
to the construction contractor’s judgment, but shall
comply with the standards set forth i n the
geotechnical report for the project. A California-
licensed civil or structural engineer must design
and be in charge of the temporary shoring design.
The shoring shall support adjacent improvements
such as utilities, pavements, and buildings. A pre-
condition survey shall be conducted including
photographs and installation of monitoring points
for existing site improvements. All sensitive
improvements shall be located and monitored for
horizontal and vertical deflections and distress
cracking based on the pre-construction survey. For
multi-level excavations, the installation of
inclinometers at critical areas may be required for
more detailed deflection monitoring. The
monitoring frequency shall be established and
agreed to by the project team prior to start of
shoring construction.
If there are updates or revisions to the project
geotechnical report, the above mitigation
requirements shall be revised to match the updated
Significant = S Potentially Significant = PS Less than Significant = LTS
12
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
recommendations as necessary.
Mitigation Measure 4.4-3d, Implement
Recommendations of Geotechnical Report:
The project sponsor shall implement all of the
recommendations of the project geotechnical
report, and any associated updates or revisions,
related to review of plans and specifications for
proposed buildings; demolition observation and
testing; construction observation and testing; site
demolition, clearing, and preparation; subgrade
preparation; subgrade stabilization; material for
fill; compaction requirements; trench backfill;
site drainage; foundations; concrete slabs and
pedestrian pavements; vehicular pavements; and
retaining walls.
Hydrology and Water Quality
Impact 4.5-1: The
proposed project would not
violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade water quality.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-2: The
proposed project would not
substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such
that there would be a net
deficit in aquifer volume or
a lowering of the local
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Re sources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
13
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
groundwater table level.
(LTS)
Impact 4.5-3: Project
implementation would not
substantially alter the
existing drainage pattern of
the site or area by altering
the course of a stream or
incrementally increasing
surface runoff from
impervious surfaces in
such a manner that could
increase downstream
erosion, siltation, or
flooding on- or off-site.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-4: Project
implementation would not
create or contribute runoff
water that would exceed
the capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-5: The project
would not include
development within a 100-
year flood hazard area.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.5-6: The project None required. This impact is less than LTS Finding and Explanation: Under CEQA, no mitigation measures are
Significant = S Potentially Significant = PS Less than Significant = LTS
14
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
would not expose people or
structures to a significant
risk of loss, injury, or death
involving flooding,
including flooding as a
result of the failure of a
levee or dam (e.g. on the
Elsman, Lexington, or
Vasona Reservoirs). (LTS)
significant.
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Transportation and Traffic
Impact 4.6-1: The project
would not significantly
impact the performance of
the circulation system, as
indicated by conflicts with
any applicable plan,
ordinance, policy, or
significance criterion
indicating the performance
of the intersections, streets,
highways/freeways,
pedestrian/bicycle paths,
and transit service. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-2: The project
would not conflict with the
Santa Clara County
Congestion Management
Program. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-3: The project
would not substantially
increase hazards due to a
design feature or
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
15
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
incompatible uses. (LTS)
Impact 4.6-4: The project
would not result in
inadequate emergency
access. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.6-5: The project
would not conflict with
adopted policies, plans, or
programs regarding public
transit, bicycle, or
pedestrian facilities. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Noise
Impact 4.7-1: Project
construction could cause a
substantial temporary or
periodic increase in
ambient noise levels in the
project vicinity above
levels existing without the
project due to operation of
heavy equipment during
construction. (S)
4.7-1, Administrative Controls: Prior to
Grading Permit issuance, the project applicant
shall demonstrate to the satisfaction of the Town
of Los Gatos Public Works Department that the
project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal
Code Section 16.20.035, construction
activities (including operation of haul and
delivery trucks) shall occur between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and
9:00 a.m. and 7:00 p.m. on weekends and
holidays. Additionally, pursuant to Municipal
Code Section 16.20.035(2) the Contractor
shall demonstrate, to the satisfaction of the
Town of Los Gatos Public Works Department,
that construction noise shall not exceed 85
dBA outside of the property line. This shall
be accomplished through the use of properly
maintained mufflers and other state-required
noise attenuation devices.
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The potential for construction-related noise to adversely affect nearby
residential receptors would depend on their location and proximity to
the project.
The Town Noise Ordinance recognizes that construction activities
during daytime hours are a typical part of living in a town such as Los
Gatos and do not cause a substantial increase in noise or undue
disruption. Under the ordinance, noise from construction must comply
with noise limitations. Either no individual piece of equipment shall
produce a noise level exceeding eighty-five dBA at twenty-five feet
from the equipment, or the noise level at any point outside of the
property plane cannot exceed eighty-five dBA. The closest project
Significant = S Potentially Significant = PS Less than Significant = LTS
16
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
b. Property occupants located adjacent to the
project boundary shall be sent a notice, at least
15 days prior to commencement of
construction of each phase, regarding the
construction schedule of the proposed project.
A sign, legible at a distance of 50 feet shall
also be posted at the project construction site.
All notices and signs shall be reviewed and
approved by the Town of Los Gatos Public
Works Department prior to mailing or posting
and shall indicate the dates and duration of
construction activities, as well as provide a
contact name for the contractor’s Noise
Disturbance Coordinator and a telephone
number where residents can contact that
person about the construction process and
register complaints.
c. The Contractor shall provide, to the
satisfaction of the Town of Los Gatos Public
Works Department, a qualified “Noise
Disturbance Coordinator.” The Disturbance
Coordinator shall be responsible for
responding to any local complaints about
construction noise. When a complaint is
received, the Disturbance Coordinator shall
notify the Town within 24-hours of the
complaint and determine the cause of the
noise complaint (e.g., starting too early, bad
muffler, etc.) and shall implement reasonable
measures to resolve the complaint, as deemed
acceptable by the Public Works Department.
d. Construction haul routes shall be designed to
avoid noise sensitive uses (e.g., residences,
convalescent homes, etc.) to the extent
feasible and shall be restricted to collector
streets in the project vicinity (i.e. Winchester
buildings would be located at least 99 feet from adjacent residential
receptors. This distance represents the highest noise levels that would
be expected at the closest residential receptor during building
construction. Construction equipment noise levels associated with
construction of the closest project buildings on the site would range
from 64 to 77 dBA.
At times, heavy construction equipment would be operated closer than
89 feet from the property boundary as part of proposed demolition,
site preparation/grading, paving for surface parking lots, and
landscaping installation. During these times construction noise could
potentially and sporadically exceed the 85 dBA ordinance for a
limited duration. Adjacent residents could be subject to occasional
noise disturbances over a period of up to 60 months, a potentially
significant impact. Compliance with ordinance time limits and the 85
dBA noise limit at 25 feet, as well as implementation of Mitigation
Measure 4.7-1, which specifies best management practices (such as
equipping construction equipment with properly operating and
maintained mufflers and other state required noise attenuation
devices) to reduce noise from heavy equipment, as well as designation
of a Noise Disturbance Coordinator, would reduce this impact to less
than significant.
With implementation of Mitigation Measure 4.7-1, the impact of
ambient noise levels in the project vicinity due to operation of heavy
equipment during construction will be less than significant because
compliance with noise and time limits specified in the Town Noise
Ordinance and implementation of noise control measures will reduce
the potential for construction-related noise disturbances.
(DEIR, pp. 4.7-13 to 4.7-17.)
Significant = S Potentially Significant = PS Less than Significant = LTS
17
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Boulevard and Lark Avenue).
e. During construction, stationary construction
equipment shall be placed such that emitted
noise is directed away from sensitive noise
receivers.
Impact 4.7-2: Project
construction could expose
people to or generate
excessive groundborne
vibration at adjacent
structures during
construction. (PS)
4.7-2, Vibration Controls: To prevent cosmetic
damage to existing adjacent structures, the
project contractor shall avoid use of large, truck-
mounted vibratory compactors within 15 feet of
adjacent structures, and shall not use any
equipment that generates vibration levels that
exceed 0.5 in/sec PPV, the cosmetic damage
threshold for transient vibration, when measured
at the closest residential structures.
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The Federal Transit Administration sets a limit of 0.5 in/second PPV
for cosmetic damage to nearby buildings form vibration. The
construction equipment used at the project site will not exceed this
threshold, except for the Large Vibratory Compactor at 10 feet, but
not at 15 feet.
Mitigation Measure 4.7-2 will avoid significant impacts by
prohibiting the use of large, truck mounted vibratory compactors
within 15 feet of adjacent structures and prohibiting the use of
equipment that generates vibration levels exceeding 0.5 in/sec PPV
when measured at the closes residential structures to the project site.
(DEIR, pp. 4.7-17 to 4.7-19.)
Impact 4.7-3: Operation of
proposed office/R&D
buildings and the traffic
associated with operation
would not result in a
substantial permanent
increase in ambient noise
levels in the project
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
18
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
vicinity above levels
existing without the
project, including noise
from office/R&D activities
already on-site. (LTS)
Impact 4.7-4: The project
would not expose people to
or generate noise levels in
excess of standards
established in the local
general plan, noise
ordinance, or applicable
standards of other agencies.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.7-5: Project
operation would not expose
on-site occupants to
excessive vibrations from
passing trains on the Union
Pacific Railroad alignment.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Air Quality
Impact 4.8-1: Project
construction could violate
an air quality standard or
contribute substantially to
an existing or projected air
quality violation. (S)
4.8-1a, BAAQMD Basic and Additional
Construction Mitigation Measures: Prior to
issuance of any Grading or Demolition Permit, the
Town Engineer and the Chief Building Official
shall confirm that the Grading Plan, Building
Plans, and specifications stipulate that the
following basic and enhanced construction
mitigation measures shall be implemented as
required by BAAQMD Guidelines while project
phases are under construction:
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Short-term air quality impacts are predicted to occur during
Significant = S Potentially Significant = PS Less than Significant = LTS
19
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Water all active construction areas to maintain
12% soil moisture.
All grading shall be suspended when winds
exceed 20 miles per hour.
All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
Pave, apply water three times daily, or apply
(non-toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas
at construction sites.
Hydroseed or apply non-toxic soil stabilizers
to inactive construction areas (previously
graded areas inactive for ten days or more).
Enclose, cover, water twice daily or apply
non-toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet
power vacuum street sweepers at least once
per day. Install sandbags or other erosion
control measures to prevent silt runoff to
public roadways.
Wind breaks and perimeter sand bags shall be
used to minimize erosion.
The amount of simultaneously disturbed
surface shall be minimized as much as
possible.
Site access points from public roadways shall
be paved or treated to prevent track-out.
Replace vegetation in disturbed areas as
quickly as possible.
All vehicle speeds on unpaved roads shall be
limited to 15 mph.
All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
demolition, grading, and construction operations associated with
implementation of the proposed project. Temporary air emissions
would result from particulate (fugitive dust) emissions from
demolition, grading, and building construction; and exhaust emissions
from the construction equipment and the motor vehicles of the
construction crew.
Odors could arise from the diesel construction equipment used on-site,
as well as from architectural coatings and asphalt off-gasing. Odors
generated during construction activities would be temporary and are
not considered to be a significant impact. Emissions produced during
demolition, grading, and construction activities are short -term, as they
would exist only during construction.
Construction activities for the proposed project would include
demolition, grading, trenching, construction of buildings, paving, and
architectural coatings.
Unmitigated emissions during Years 1 through 4 exceed EIR
significance thresholds for at least one criteria pollutant, and
implementation of the Basic Construction Mitigation Measures
(BCMM) would be required. With implementation of the BCMM,
project-related construction emissions would still exceed the EIR
thresholds for at least one criteria pollutant during Years 1 though
Year 4 and implementation of Enhanced Control Mitigation Measures
(ECMM) would be required. With ECMM, mitigated emissions would
be reduced to less than significant (below EIR thresholds).
Unmitigated emissions during Year 5 would not exceed the EIR
significance thresholds for criteria pollutants and no mitigation would
be required.
Construction activities are a source of fugitive d ust (also known as
PM10 and PM2.5) emissions. Fugitive dust emissions vary substantially
from day to day, depending on the level of activity, the specific
operations, and weather conditions. PM10 and PM2.5 are both emitted
during construction activities and as a result of wind erosion over
exposed soil surfaces. Clearing and grading activities comprise the
Significant = S Potentially Significant = PS Less than Significant = LTS
20
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to two
minutes. Clear signage shall be provided for
construction workers at all access points.
All construction equipment shall be
maintained and properly tuned in accordance
with manufacturer’s specifications. All
equipment shall be checked by a certified
mechanic and determined to be running in
proper condition prior to operation.
Post a publicly visible sign with the telephone
number and person to contact at the Town
regarding dust complaints. This person shall
respond and take corrective action within 48
hours. The BAAQMD’s phone number shall
also be visible to ensure compliance with
applicable regulations.
4.8-1b, BAAQMD Architectural Coatings
Mitigation Measures: Prior to issuance of any
Building Permit, the Chief Building Official shall
confirm that the Building Plans and specifications
include the following BAAQMD additional
construction mitigation measures (during the
application of architectural coatings in Years 3
and 4):
Use low volatile organic compounds (VOC)
(i.e., reactive organic gases [ROG]) coatings
beyond the BAAQMD requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings).
VOC content of architectural coatings shall
not exceed 150 grams VOC per liter of
coating.
4.8-1c, Haul Truck VMT Limits: The
following limitations shall be adhered to during
major sources of construction dust emissions, but traffic and general
disturbance of the soil also generate significant dust emissions.
Mitigation Measure 4.8-1a incorporates Basic Construction Mitigation
Measures recommended by BAAQMD and enhanced measures to
control fugitive dust emissions, including PM10 and PM2.5.
Asphalt and surface coatings create ROG emissions, which are O3
precursors. In accordance with the methodology prescribed by the
BAAQMD, the ROG emissions associated with paving have been
quantified with the URBEMIS 2007 model. In addition, based upon
the size of the buildings, architectural coatings were also quantified in
the URBEMIS 2007 model. The highest concentration of ROG
emissions would be generated during the application of architectural
coatings towards the end of construction.
The BAAQMD recommends that all projects, where construction-
related emissions would exceed the applicable thresholds, implement
Additional Construction Mitigation Measures. Specifically, the
Volatile Organic Compound (VOC) content for coatings shall not
exceed 150 grams per liter. Therefore, implementation of Mitigation
Measure 4.8-1b (compliance with Regulation 8, Rule 3) would be
required to reduce ROG emissions from architectural coatings. With
implementation of Mitigation Measures 4.8-1b, impacts will be
reduced to a less-than-significant level.
Exhaust emissions from construction activities include emissions
associated with the transport of machinery and supplies to and from
the project site, emissions produced on-site as the equipment is used,
and emissions from trucks transporting materials and workers to and
from the site. Emitted pollutants wo uld include ROG, NOX, PM10,
and PM2.5. Due to the amount of soil hauling required for the Project,
even with the implementation of Basic Construction Mitigation
Measures, NOX thresholds would be exceeded during the first two
years of construction. Therefore, implementation of Mitigation
Measure 4.8-1c in Years 1 and 2 will limit the vehicle miles traveled
(VMT) from soil hauling trucks during grading to ensure NOX
emissions will not exceed the BAAQMD thresholds. NOX emissions
Significant = S Potentially Significant = PS Less than Significant = LTS
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Environmental Impact
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Mitigation)
Mitigation Measures
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Significance
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Findings of Fact
soil hauling activities (during mass and fine
grading) for construction Years 1 and 2 only in
order to ensure NOX emissions would be reduced
to less-than-significant levels:
Phase 1 (Year 1): Trucks hauling soil during
Phase 1, shall not exceed a vehicle miles
traveled (VMT) per day during mass grading
of 1,653 miles.
Phase 2 (Year 2): Trucks hauling soil during
Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not
exceed 545 miles (NOX mitigation is not
necessary in Year 3).
Phase 3 (Years 4 and 5): No mitigation is
necessary.
Per BAAQMD policy, these travel distance limits
are daily averages for a 7-day week. VMT’s shall
be logged weekly and supplied to the Town
Engineer and the Chief Building Official on a
monthly basis. These limitations shall be
stipulated in construction bids, plans, and
specifications.
will be less than significant with implementation of VMT limits
specified in Mitigation Measure 4.8-1c.
Impacts from naturally occurring asbestos are less than significant
because the project site is not located in an area where naturally
occurring asbestos is likely to be present. Asbestos Containing
Materials (ACMs) are building materials containing more than 1%
asbestos (some state and regional regulators impose a one-tenth of 1%
threshold). Multiple on-site structures, which may contain asbestos,
are slated for demolition.
The BAAQMD regulates the demolition of buildings and structures
containing asbestos. On-site demolition activities would be conducted
in accordance with BAAQMD Regulation 11, Rule 2 (Asbestos
Demolition, Renovation and Manufacturing). Rule 2 provides
measures to control emissions of asbestos to the atmosphere and
includes wetting methods, removal in units, removal by chute or
container, containment requirements, and disposal requirements.
Therefore, air quality impacts from structural asbestos will be less
than significant with compliance with BAAQMD regulations.
In accordance with the BAAQMD Guidelines, URBEMIS 2007 was
utilized to model construction emissions for ROG, NOX, PM10, and
PM2.5. Construction will occur over a five year period, with the
greatest amount of fugitive dust emissions being generated during the
initial stages of each construction phase. The greatest amounts of
NOX emissions resulting from truck hauling activities will occur
during the first two years of construction. Additionally, the greatest
amount of ROG emissions will typically occur during the final stages
of each construction phase due to the application of architectural
coatings.
The URBEMIS 2007 model allows the user to input mitigation
measures such as watering the construction area to limit fugitive dust
in the project area. Mitigation measures inputted within the
URBEMIS 2007 model allow for certain reduction credits and result
in a decrease of pollutant emissions. Reduction credits are based upon
Significant = S Potentially Significant = PS Less than Significant = LTS
22
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Environmental Impact
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Mitigation)
Mitigation Measures
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Significance
With
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Findings of Fact
various land use and transportation studies and were programmed
within the URBEMIS 2007 model, which calculates the reduction
associated with mitigation measures for NOX and ROG. With the
implementation of Mitigation Measures 4.8-1a through 4.8-1c, the
project’s construction-related impacts will be less than significant.
Mitigation Measure 4.8-1 will reduce impacts to less than significant
with implementation of the listed dust and exhaust control measures
because these measures will limit the project’s construction-related
daily criteria pollutant emissions.
(DEIR, pp. 4.8-13 to 4.8-20.)
Impact 4.8-2: Project
operations would not
violate any air quality
standard or contribute
substantially to an existing
or projected air quality
violation. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-3: Project
implementation would not
expose sensitive receptors
to substantial pollutant
concentrations. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-4: Project
implementation would not
create objectionable odors
affecting a substantial
number of people. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.8-5:
Construction-related and
operational criteria
pollutant emissions would
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
23
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Mitigation)
Mitigation Measures
Level of
Significance
With
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Findings of Fact
not conflict with or
obstruct implementation of
the applicable Air Quality
Plan. (LTS)
Greenhouse Gases
Impact 4.9-1: The project
would generate greenhouse
gas emissions, either
directly or indirectly, that
could have a significant
impact on the environment.
(S)
4.9-1, GHG Reduction Measures: Prior to the
issuance of building permits, the applicant shall
demonstrate the incorporation of a combination
(one or more) of sustainable project design
features that would meet the EIR significance
threshold of 4.6 MT CO2e/sp/year. The
applicant’s current proposal is to implement the
GHG mitigation measures identified in Table 4.9-
2 of the Draft EIR, which would achieve the
reductions necessary to achieve the 4.6 MT
CO2e/sp/year threshold. Those measures shall be
carried out, except that, at the applicant’s election
and subject to approval by the Community
Development Director, the applicant may
substitute alternative measures of equivalent
effectiveness to one or more of the measures
identified in Table 4.9-2. In the event that the
BAAQMD has assigned percent reductions for
such alternative measures, such reductions shall
be considered by Town Staff in determining
whether such measures truly are equivalent in
their effectiveness to those identified in Table
4.9-2. The following menu of measures provides
examples of potential alternatives to the measures
already accounted for in Table 4.9-2:
Include solar photovoltaic or other technology to
generate electricity on-site to reduce
consumption from the electrical grid.
Implement an employee telecommuting
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
The Project will incorporate numerous design features that are
consistent with GHG reduction measures identified in the
BAAQMD’s CEQA Air Quality Guidelines and Los Gatos
Sustainability Plan. Table 4.9.2 of the Draft EIR identifies GHG
reduction measures and lists scaled reductions that may be achieved
with implementation of these proposed GHG reduction measures.
Table 4.9-2 lists a host of potential project design features and
sustainable practices that the Project will incorporate, which include
water, energy, solid waste, land use, and transportation efficiency
measures. Table 4.9-2 also identifies the associated scaled percent
reduction and applicable sector based on the Project’s consistency
with the BAAQMD mitigation measures. The reductions are based on
BAAQMD methodology presented in the BAAQMD’s CEQA Air
Quality Guidelines.
Greenhouse gas emissions impacts from the project will be less than
significant with the implementation of Mitigation Measure 4.9-1
because the Project’s GHG emissions would be reduced to meet the
EIR’s GHG emissions significance threshold for the Project.
Significant = S Potentially Significant = PS Less than Significant = LTS
24
Town of Los Gatos - CEQA Findings
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Mitigation)
Mitigation Measures
Level of
Significance
With
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Findings of Fact
program.
Implement an on-site carpool matching program
for employees.
100% Increase in Diversity of Land Uses
(provide on-site employee amenities)
Increase Energy Efficiency Beyond Title 24
Work with the Bay Area Air Quality
Management District (BAAQMD) to implement
acceptable off-site mitigation. This would
involve an agreement with the BAAQMD and
payment of fees or the purchase of carbon
credits. The BAAQMD would commit to
reducing the type and amount of emissions
identified in the agreement.
(DEIR, pp. 4.9-19 to 4.9-24.)
Impact 4.9-2: The project
would not conflict with an
applicable plan, policy, or
regulation of an agency
adopted for the purpose of
reducing greenhouse gas
emissions. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Hazards and Hazardous Materials
Impact 4.10-1: Project
implementation would not
create a significant hazard
to the public or to the
environment through the
routine transport, use, or
disposal of hazardous
materials. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4:10-2: The
project could create a
4.10-2, Hazardous Building Materials Surveys
and Abatement: Prior to demolition of each
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Significant = S Potentially Significant = PS Less than Significant = LTS
25
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Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
hazard to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials to the
environment during
building demolition. (S)
building, the project applicant shall incorporate
into contract specifications the requirement that
the contractor(s) have a hazardous building
materials survey completed by a Registered
Environmental Assessor or a registered engineer.
This survey shall be completed prior to any
demolition activities associated with the project.
If any friable asbestos-containing materials or
lead-containing materials are identified, adequate
abatement practices, such as containment and/or
removal, shall be implemented in accordance
with applicable laws prior to demolition.
Specifically, asbestos abatement shall be
conducted in accordance with Section 19827.5 of
the California Health and Safety Code, as
implemented by the BAAQMD, and 8 CCR
Section 1529 and Sections 341.6 through 341.14,
as implemented by Cal/OSHA. Lead-based paint
abatement shall be conducted in accordance with
Cal/OSHA’s Lead in Construction Standard.
Any PCB-containing equipment, fluorescent light
tubes containing mercury vapors, and fluorescent
light ballasts containing DEHP shall also be
removed and legally disposed of in accordance
with applicable laws including 22 CCR Section
66261.24 for PCBs, 22 CCR Section 66273.8 for
fluorescent lamp tubes, and 22 CCR Division 4.5,
Chapter 11 for DEHP.
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
Potential exposure to hazardous building materials during building
demolition would be potentially significant, but mitigated to a less-
than-significant level with implementation of Mitigation Measure
4.10-2, Hazardous Building Materials Surveys and Abatement, which
requires the project applicant to conduct surveys for hazardous
building materials prior to demolition, and if warranted, to implement
appropriate abatement and disposal procedures in compliance with
applicable regulations. In addition, the project applicant will be
required to obtain clearance for asbestos removal from BAAQMD
prior to issuance of a demolition permit. To obtain this clear ance,
BAAQMD (and as required by existing federal and State law) would
require specific testing for confirmation and, if hazardous materials
are present, proper handling of such materials prior to and during
demolition that would avoid/minimize worker exposure during
demolition. These requirements will also require proper disposal of
hazardous materials after demolition.
Several of the businesses in the existing business park use hazardous
materials and/or generate hazardous waste, typical of light industrial
businesses, and are subject to the hazardous materials management
requirements specified in Chapter 13, Articles II and III of the Los
Gatos Town Code. In the absence of proper precautions, proposed
demolition of the existing buildings could disturb hazardous materials
currently stored and used in the buildings, which could expose
workers, the occupants of the business park, and adjacent residents to
hazardous materials or result in an accidental release to the
environment. Prior to demolition, however, hazardous materials stored
at these locations will be removed and the hazardous materials
facilities in these building will be closed in accordance with
applicable laws and regulations designed to address hazardous
Significant = S Potentially Significant = PS Less than Significant = LTS
26
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(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
materials and protect human health and the environment, including a
closure permit from the Santa Clara County Fire Department.
In accordance with the closure permit, the business owner or project
applicant will prepare a closure plan prior to demolition describing
activities that will be conducted to demonstrate that hazardous
materials that were stored, dispensed, handled, or used at the facility
have been transported, disposed of, or reused in a manner that
eliminates any threat to public health and safety. The plan will include
a description of the size and type of facility to be closed (including a
site plan); the chemicals used at the facility; the procedures to be used
for decontamination of the facility and equipment (if required) and the
proposed method for disposal of all hazardous wastes generated from
cleaning operations; planned disposition of hazardous materials and
wastes from the facility in accordance with all state and federal laws;
and a description of the planned sampling program to demonstrate that
the facility has been completely decontaminated. Upon completion of
closure, the business owner or project applicant will be required to
submit a post-closure report documenting compliance with the closure
plan, confirming appropriate disposition of all hazardous materials,
and documenting all sampling conducted, including analytical results.
Compliance with these regulatory requirements will ensure that
impacts related to exposure to hazardous materials stored or used in
the existing buildings will be less than significant.
The impact of project hazards to the public or the environment from
reasonably foreseeable upset and accident conditions involving the
release of hazardous materials to the environment during building
demolition will be less than significant with implementation of
Mitigation Measure 4.10-2, which reduces impacts related to exposure
to hazardous building materials by requiring surveys to identify
existing hazardous building materials and proper abatement of any
materials identified prior to demolition of the existing structures.
(DEIR, pp. 4.10-14 to 4.10-16.)
Impact 4.10-3: The project 4.10-3a, Update Environmental Database LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
Significant = S Potentially Significant = PS Less than Significant = LTS
27
Town of Los Gatos - CEQA Findings
Environmental Impact
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Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
could create a hazard to the
public or the environment
through reasonably
foreseeable upset or
accident conditions
involving the release of
hazardous materials into
the environment during soil
excavation. (S)
Review. The project applicant shall retain a
qualified professional to update the
environmental database review performed as part
of the Phase 1 Environmental Site Assessment no
more than three months prior to the start of any
construction activities that would involve
disturbance of greater than 50 cubic yards of soil.
The qualified professional shall prepare a report
summarizing the results of the environmental
database review that assesses the potential for
any identified chemical release sites to affect soil
quality at the proposed project site and identifies
appropriate soil analysis to evaluate the potential
for soil contamination at the proposed project
site, if needed. In response, the project applicant
shall implement the recommended soil analyses,
if any.
4.10-3b, Contingency Plan. The project
applicant shall require the construction
contractor(s) to have a contingency plan for
sampling and analysis of potential hazardous
materials and for coordination with the Santa
Clara County Department of Environmental
Health in accordance with the Voluntary Cleanup
Program in the event that previously unidentified
hazardous materials are encountered during
construction. If previously unidentified soil
contamination is identified, per the contingency
plan, the contractor(s) shall be required to modify
their health and safety plan to include the new
data, conduct sampling to assess the chemicals
present, and identify appropriate disposal
methods. Evidence of potential contamination
includes soil discoloration, suspicious odors, the
presence of underground storage tanks, or the
presence of buried building materials.
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation:
This impact would be reduced to a less than significant level with
implementation of Mitigation Measure 4.10-3a, requiring that the
environmental database review is updated within three months of the
start of construction and Mitigation Measure 4.10-3b, requiring
implementation of a contingency plan specifying measures to be
followed if previously unidentified contamination is identified during
construction and ensuring that the levels of any residual
contamination remaining in the soil at the completion of construction
will not cause adverse human health or environmental effects under
the planned land use.
(DEIR, pp. 4.10-16 to 4.10-18.)
Significant = S Potentially Significant = PS Less than Significant = LTS
28
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Cultural Resources
Impact 4.11-1: Project
implementation would not
affect any historical
resource. (LTS)
None required. Because there is no impact, this
impact is less than significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant or that do not occur
at all. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4,
subd. (a)(3), 15091.)
Impact 4.11-2: Demolition
and construction activities
on the project site could
cause a substantial adverse
change in the significance
of unknown subsurface
archaeological resources,
including the disturbance
of human remains. (PS)
4.11-2a, Archaeological Monitor: A qualified
archaeologist shall be retained to monitor the site
clearing and grading operations in those areas
where buildings will be removed and/or new
construction will occur. The archaeologist shall
be present on-site to observe site clearing at a
representative sample of building removal areas
until he/she is satisfied that there is no longer a
potential for finding buried resources. In the
event that any potentially significant
archaeological resources (i.e., potential historical
resources or unique archaeological resources) are
discovered, the project archaeologist shall stop
work inside a zone designated by him/her where
additional archaeological resources could be
found. A plan for the evaluation of the resource
shall be submitted to the Community
Development Director for approval. Evaluation
normally takes the form of limited hand
excavation and analysis of materials and
information removed to determine if the resource
is eligible for inclusion on the California Register
of Historic Resources (CRHR).
4.11-2b, Identification of Eligible Resources. If
an eligible resource (i.e., an historical resource or
a unique archaeological resource) is identified, a
plan for mitigation of impacts to the resource
shall be submitted to the Community
Development Department for approval before
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the potentially significant environmental effect as identified in
the EIR.
Explanation:
No historical archaeological resources have been identified either
through the archival study or the field inspection. Although there is a
lack of recorded archaeological resources in the general vicinity, the
property is considered to have a moderate potential for containing
buried archaeological resources, because it is located directly adjacent
to Los Gatos Creek, within what would have been the riparian zone
utilized by the Native American population of the Santa Clara Valley.
The current project area could contain archaeological deposits that
have survived the development of the existing office complex,
especially in those areas where deep excavation did not occur. Given
the moderate potential to encounter buried archaeological resources,
project implementation could significantly affect such resources if
they are encountered during site grading and/or excavation activities.
Additionally, as the project area was historically used by the Native
American population of Santa Clara Valley, the potential for human
remains to be encountered during ground disturbing activities also
exists. Disturbance to human remains, if encountered, would be
considered a significant impact.
Significant = S Potentially Significant = PS Less than Significant = LTS
29
Town of Los Gatos - CEQA Findings
Environmental Impact
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Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
any additional construction related earthmoving
can occur inside the zone designated as
archaeologically sensitive. Whether the proposed
plan is feasible shall be determined by the
Community Development Department after
consideration of the viability of avoidance in
light of project design and logistics. In lieu of
avoidance, mitigation could include additional
hand excavation to record and remove for
analysis significant archaeological materials,
combined with additional archaeological
monitoring of soils inside the archaeologically
sensitive zone.
4.11-2c, Discovery of Human Remains.
Required monitoring will also serve to identify
and reduce damage to human burials and
associated grave goods. In the event that human
remains are discovered, it shall be the
responsibility of the project archaeologist to
contact the County Coroner’s Office and the
Native American Heritage Commission (NAHC).
The NAHC is responsible for naming a Most
Likely Descendant (MLD) who shall represent
tribal interests in regards to human remains and
associated grave goods. The MLD shall make
recommendations to the Community
Development Director regarding the method for
exposure and removal of human burials and
associated grave goods, and shall advise the
Community Development Director regarding the
place and method of reburial of these materials.
Implementation of Mitigation Measure 4.11-2a will require that a
qualified archaeologist be present to monitor site clearing and grading
operations to identify and protect any buried archaeological resources
or human remains if they are discovered. Measures 4.11 -2b and 4.11-
2c will ensure appropriate actions are taken in the event that such
resources are encountered during construction, reducing this impact to
a less than significant level.
(DEIR, pp. 4.11-8 to 4.11-9.)
Impact 4.11-3: Demolition
and construction activities
on the project site would
not directly or indirectly
4.11-3, Halt Construction and Evaluate
Resource: Prior to the commencement of
construction activities, the project applicant shall
provide for a qualified paleontologist to provide
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
Significant = S Potentially Significant = PS Less than Significant = LTS
30
Town of Los Gatos - CEQA Findings
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Mitigation)
Mitigation Measures
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Significance
With
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Findings of Fact
destroy a unique
paleontological resource or
site or unique geological
feature. (PS)
construction personnel with training on procedures
to be followed in the event that a fossil site or
fossil occurrence is encountered during
construction. The training shall include
instructions on identification techniques and how
to further avoid disturbing the fossils until a
paleontological specialist can assess the site. An
informational package shall be provided for
construction personnel not present at the meeting.
In the event that a paleontological resource
(fossilized invertebrate, vertebrate, plan or micro -
fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily
halted or diverted until the discovery is evaluated.
Upon discovery, the Community Development
Director shall be notified immediately and a
qualified paleontologist shall be retained to
document and assess the discovery in accordance
with Society of Vertebrate Paleontology’s 2010
Standard Procedures for the Assessment and
Mitigation of Adverse Impacts to Paleontological
Resources, and determine procedures to be
followed before construction is allowed to
resume at the location of the find. If the
Community Development Director determines
that avoidance is not feasible, the paleontologist
will prepare an excavation plan for mitigating the
project’s impact on this resource, including
preparation, identification, cataloging, and
curation of any salvaged specimens.
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the potentially significant environmental effect as identified in
the EIR.
Explanation:
A review of records maintained by the University of California
Museum of Paleontology in Berkeley indicates that the closest
paleontological resources recorded in Santa Clara County occur
approximately 15.5 miles west of Los Gatos.
The deposits at the site are more recent and differ in age from those
containing the recorded paleontological resources. Consequently, the
potential for encountering paleontological resources at the project site
is considered to be low. Since the potential for impacts on
undiscovered resources to occur remains, however, implementation of
Mitigation Measure 4.11-3 would be required to reduce this impact to
a less than significant level.
Additionally, no unique geological features are present on the site.
The site is currently developed with the office/R&D uses, driveways,
landscaping, and utility improvements. The site is located within an
urban environment that is largely built out, and the site is generally
flat and does not support any geological or topographical features.
Therefore, development of the site would not result in significant
impacts on unique geological features. No impacts would occur and
no mitigation is required.
With Mitigation Measure 4.11-3, the impact will be less than
significant because construction personnel shall receive training on
identification techniques and procedures to follow if a fossil r esource
is encountered; and a qualified paleontologist shall assess the resource
and determine procedures to ensure that appropriate protection
measures will be taken in the event buried paleontological resources
are encountered during project construction.
(DEIR, pp. 4.11-11 to 4.11-12.)
Significant = S Potentially Significant = PS Less than Significant = LTS
31
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
Public Utilities and Services
Impact 4.12-1:
Construction of the
proposed project would
require additional
emergency and public
services for future visitors
or workers, but would not
require the construction of
new or physically altered
government facilities to
maintain acceptable service
ratios, response times, or
other performance
objectives for fire
protection, police
protection, schools, parks,
or other public facilities.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-2: The
proposed project would not
require the construction of
new wastewater treatment
or storm drain facilities, or
expansion of existing
facilities, the construction
of which could cause
significant environmental
effects. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-3: There
would be sufficient water
supplies available from
existing entitlements and
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
32
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
resources to serve the
project, and no new or
expanded entitlements or
facilities would be needed.
(LTS)
Impact 4.12-4:
Development of the project
would result in increased
wastewater flows to the
wastewater treatment
provider, which has
adequate capacity to serve
the project’s expected
demand in addition to
existing commitments.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-5: The project
would not exceed
wastewater treatment
requirements of the
applicable Regional Water
Quality Control Board.
(LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd . (a)(3), 15091.)
Impact 4.12-6: The project
would comply with federal,
state, and local statutes and
regulations regarding solid
waste. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.12-7: The project
would be served by a
landfill with sufficient
permitted capacity to
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
33
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
accommodate the project’s
solid waste disposal needs.
(LTS)
Recreation
Impact 4.13-1:
Development of the
proposed project would not
increase the use of
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration would occur
or be accelerated. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.13-2:
Development of the
proposed project would not
include recreational
facilities or require the
construction or expansion
of recreational facilities
that might have an adverse
physical effect on the
environment. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Impact 4.13-3:
Development of the
proposed project adjacent
to the Los Gatos Creek
Trail would provide
recreational and
transportation opportunities
to future employees
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
Significant = S Potentially Significant = PS Less than Significant = LTS
34
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
working at the offices
proposed on the project
site. (LTS)
Energy
Impact 4.14-1:
Demolition of existing
buildings and construction
of the new office/R&D
park would not encourage
activities that use large
amounts of fuel, water, or
energy, or use these in a
wasteful manner. (PS)
4.8-1a, BAAQMD Basic and Additional
Construction Mitigation Measures: Prior to
issuance of any Grading or Demolition Permit,
the Town Engineer and the Chief Building
Official shall confirm that the Grading Plan,
Building Plans, and specifications stipulate that
the following basic and enhanced construction
mitigation measures shall be implemented as
required by BAAQMD Guidelines while project
phases are under construction:
Water all active construction areas to
maintain 12% soil moisture.
All grading shall be suspended when
winds exceed 20 miles per hour.
All haul trucks transporting soil, sand, or
other loose material off-site shall be
covered.
Pave, apply water three times daily, or
apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas,
and staging areas at construction sites.
Hydroseed or apply non-toxic soil
stabilizers to inactive construction areas
(previously graded areas inactive for ten
days or more).
Enclose, cover, water twice daily or
apply non-toxic soil binders to exposed
LTS Finding: Implementation of Mitigation Measure 4.4-3 will reduce this
impact to a less than significant level. Pursuant to Public Resources
Code Section 21081(a) and CEQA Guidelines Section 15091(a), the
Town of Los Gatos hereby directs that this mitigation measure be
adopted. The Town of Los Gatos, therefore, finds that changes or
alterations have been required in, or incorporated into, the project that
avoid the significant environmental effect as identified in the EIR.
Explanation: Although Mitigation Measure 4.8-1a broadly addresses
air quality effects resulting from project construction, the requirement
therein to limit idling will also have the beneficial effect of mitigating
the wasteful use of fuels.
Significant = S Potentially Significant = PS Less than Significant = LTS
35
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
stockpiles (dirt, sand, etc.).
All visible mud or dirt track-out onto
adjacent public roads shall be removed
using wet power vacuum street sweepers
at least once per day. Install sandbags
or other erosion control measures to
prevent silt runoff to public roadways.
Wind breaks and perimeter sand bags
shall be used to minimize erosion.
The amount of simultaneously disturbed
surface shall be minimized as much as
possible.
Site access points from public roadways
shall be paved or treated to prevent
track-out.
Replace vegetation in disturbed areas as
quickly as possible.
All vehicle speeds on unpaved roads
shall be limited to 15 mph.
All roadways, driveways, and sidewalks
to be paved shall be completed as soon
as possible.
Idling times shall be minimized either
by shutting equipment off when not in
use or reducing the maximum idling
time to two minutes. Clear signage shall
be provided for construction workers at
all access points.
All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer’s
specifications. All equipment shall be
Significant = S Potentially Significant = PS Less than Significant = LTS
36
Town of Los Gatos - CEQA Findings
Environmental Impact
(Significance Before
Mitigation)
Mitigation Measures
Level of
Significance
With
Mitigation
Findings of Fact
checked by a certified mechanic and
determined to be running in proper
condition prior to operation.
Post a publicly visible sign with the
telephone number and person to contact
at the Town regarding dust complaints.
This person shall respond and take
corrective action within 48 hours. The
BAAQMD’s phone number shall also be
visible to ensure compliance with
applicable regulations.
Impact 4.14-2: Operation
of office/R&D facilities
would not encourage
activities that use large
amounts of fuel, energy,
and water or result in
wasteful use of such
resources. (LTS)
None required. This impact is less than
significant.
LTS Finding and Explanation: Under CEQA, no mitigation measures are
required for impacts that are less than significant. (Pub. Resources
Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3), 15091.)
PLANNING COMMISSION – APRIL 24, 2013
REQUIRED FINDINGS FOR PLANNED DEVELOPMENT:
90-160 Albright Way and 14600 Winchester Boulevard
Planned Development Application PD-12-001
Architecture and Site Application S-12-078
Environmental Impact Report EIR-12-003
Requesting approval to modify the existing Planned Development to allow for
redevelopment of the existing site with up to 550,000 square feet of new office/R&D
buildings. An Environmental Impact Report (EIR) has been prepared as required by the
California Environmental Quality Act (CEQA). APN’s 424-31-053, 054, 063, 424-32-
038, 045, 049, 054, 059, 060, 063.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: John R. Shenk
FINDINGS:
Required finding for CEQA:
The Town Council must certify the EIR, make findings of fact addressing the significant
impacts of the project, and adopt the MMRP.
Required consistency with the Town’s General Plan:
The proposed Zone Change is consistent with the 2020 General Plan. See “Project
Consistency” Analyses in Chapters 4.1 through 4.13 of Draft EIR and Final EIR Section
8.4.2, Master Responses, Land Use Planning, General Plan Consistency, the conclusions
of which are incorporated herein by reference.
Required consistency with the Town’s Traffic Policy for community benef it:
Projects that generate additional traffic of five or more peak hour trips may only be
recommended for approval if the project’s benefits to the community override the traffic
impacts as determined by specific sections of the General Plan and/or any Sp ecific Plan.
If a project generates additional traffic of five or more peak hour trips the burden is on
the applicant to cite economic or housing benefits to the Town and/or specific sections of
the General Plan and any applicable Specific Plan that demonstrate the project’s benefit
to the Community which outweighs the traffic impact. The deciding body must make
specific findings which demonstrate that the benefit(s) of the project outweigh the impact
in order to approve the project.
This project will contribute increased economic development opportunities and tax
revenue for the Town. It creates the opportunity for the Town to attract and retain high
quality and sales generating companies. See the applicant’s letter of justification (Exhibit
9 of the Planning Commission staff report for the April 24, 2013 meeting) and the fiscal
impact analysis prepared by EPS (Appendix T of Exhibit 2 of the Planning Commission
staff report for the April 24, 2013 meeting).
N:\DEV\FINDINGS\2013\AlbrightPD.doc
PLANNING COMMISSION – APRIL 24, 2013
REQUIRED FINDINGS FOR ARCHITECTURE AND SITE:
90-160 Albright Way and 14600 Winchester Boulevard
Planned Development Application PD-12-001
Architecture and Site Application S-12-078
Environmental Impact Report EIR-12-003
Requesting approval to construct the improvements represented in Planned Development
application PD-12-001 which allows for redevelopment of the existing site with up to 550,000
square feet of new office/R&D buildings, one parking garage and other site improvements. An
Environmental Impact Report (EIR) has been prepared as required by the California
Environmental Quality Act (CEQA). APN’s 424-31-053, 054, 063, 424-32-038, 045, 049, 054,
059, 060, 063.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: John R. Shenk
FINDINGS
Required finding for CEQA:
The Town Council must certify the EIR, make findings of fact addressing the significant impacts
of the project, and adopt the MMRP.
Required findings for demolition of the existing commercial structures:
As required by Section 29.10.09030(e) of the Town Code for the demolition of commercial
buildings:
1. The Town's housing stock will not be affected because no residential units will be
demolished; and
2. The existing structures do not have any historic or architectural significance; and
3. The property owner does not desire to maintain the structures as they exist; and
4. The economic utility of the structures was considered. The existing structures do not
meet the demands of corporate tenants seeking Class A office/R&D space and the
structures have limited economic utility.
Required finding for consistency with the Commercial Design Guidelines:
Based on facts presented in the EIR and the Planning Commission staff report for the April 24,
2013 meeting, the project is consistent with the Common Design guidelines of the Commercial
Design Guidelines.
Required finding for consistency with the Guidelines and Standards for Land Use Near
Streams:
Based on facts presented in the EIR and the Planning Commission staff report for the April 24,
2013 meeting, the project is in substantial compliance with applicable provisions of the
Guidelines and Standards for Land Use Near Streams.
Required finding for consistency with the Planned Development Ordinance:
The Architecture and Site application is consistent with the proposed Planned Development
Ordinance.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an
architecture and site application were all made in reviewing this project.
N:\DEV\FINDINGS\2013\ALBRIGHTA&S.DOCX
1
CONDITIONS OF APPROVAL FOR:
90-160 Albright Way and 14600 Winchester Boulevard
Planned Development Application PD-12-001
Architecture and Site Application S-12-078
Environmental Impact Report EIR-12-003
Requesting approval to construct the improvements represented in Planned Development
application PD-12-001 which allows for redevelopment of the existing site with up to 550,000
square feet of new office/R&D buildings, one parking garage and other site improvements. An
Environmental Impact Report (EIR) has been prepared as required by the California
Environmental Quality Act (CEQA). APN’s 424-31-053, 054, 063, 424-32-038, 045, 049, 054,
059, 060, 063.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: John R. Shenk
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved and noted as received by the Town on April 11, 2013. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, the Development Review Committee, the Planning Commission, or Town
Council, depending on the scope of the changes.
2. EXPIRATION: The Architecture and Site Application approval will expire two years
from the approval date pursuant to Section 29.20.320 of the Town Code, unless the
approval has been vested.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
4. SUBDIVISION REQUIRED: A subdivision map application shall be approved prior to
the issuance of building permits. The Development Review Committee may be the
deciding body for the tentative map.
5. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
6. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision
map detailing how the conditions of approval will be addressed.
2
7. LANDSCAPE PLAN: The final landscape plan shall be reviewed by a restoration
ecologist for compliance with the Guidelines and Standards for Land Use Near Streams
prior to the issuance of a building permit. All Tree Protection measures recommended by
the Consulting Arborist in reports dated February 18, 2011, December 18, 2012, and
January 16, 2013, shall be followed.
8. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
9. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Fencing shall be six foot high
cyclone (chain link) attached to two-inch diameter steel posts drive 18 inches into the
ground and spaced no further than 10 feet apart. Include a tree protection fencing plan
with the construction plans.
10. RECYCLING: Prior to the issuance of a demolition permit, the developer shall provide
the Community Development Director with written notice of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company that will recycle
the materials. Receipts from the company(s) accepting these materials, noting type and
weight of material, shall be submitted to the Town prior to the Town's demolition
inspection.
11. PROJECT PHASING: The project may be constructed in phases. If the
applicant/developer elects to build the project in phases, then any undeveloped site(s) for
future phase(s) shall include provisions for landscaping and other attractive low
maintenance improvements, and security and maintenance of any undeveloped land to be
developed under future phases.
12. DEVELOPMENT IMPACT FEES: The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos-
Saratoga Union High School District (LGSUHSD) at the time of the building permit
issuance.
13. LANDSCAPE SCREENING: All buildings and parking structures shall be significantly
buffered from Winchester Boulevard and adjacent properties by the existing and
proposed tree screen as shown on the Planting Plan. All healthy redwoods and other
significant trees along the Winchester Boulevard frontage screen shall be retained except
for those that would be removed with the construction of the new signalized project entry
or other required roadway improvements as shown on the Tree Disposition Plan. The
proposed parking structure would also be screened by the existing vegetation and
additional landscaping as shown on the Planting Plan.
14. PERIMETER TREES: The proposed trees to be planted along the perimeter of the
property shall be planted during the first phase of construction.
15. TREE MAINTENANCE AGREEMENT: The applicant shall enter into a Tree
Maintenance Agreement with the Town for five years for the twelve proposed trees to be
transplanted. Should any of the transplanted trees die, the applicant will be required to
replace them with trees that are 48-inch box size at a minimum.
16. MITIGATION MEASURE 4.3-2, PROTECTION OF NESTING SPECIAL-STATUS
AND MIGRATORY BIRDS: In order to avoid impacts to special-status and migratory
bird species during project implementation, the measures outlined below shall be
3
implemented. With the incorporation of the following measures, significant impacts on
these species would be avoided:
a. The removal of trees and shrubs shall be minimized to the extent feasible.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such
activities shall be conducted outside of the breeding season (i.e., between September
1 and January 31), to avoid impacts to nesting birds.
c. If tree removal, pruning, grubbing and demolition activities are scheduled to
commence during the bird breeding season (i.e., between February 1 and August 31),
a preconstruction survey shall be conducted by a qualified biologist no more than two
weeks prior to the initiation of work. The preconstruction survey shall include the
project footprint and up to a 300-foot buffer, access and sight-lines permitting. If no
active nests of migratory birds are found, work may proceed without restriction and
no further measures are necessary. If work is delayed more than two weeks, the
preconstruction survey shall be repeated, if determined necessary by the project
biologist.
d. If active nests (i.e. nests with eggs or young birds present, or hosting an actively
breeding adult pair) of special-status or migratory birds are detected, the project
biologist shall designate non-disturbance buffers at a distance sufficient to minimize
disturbance based on the nest location, topography, cover, species, and the
type/duration of potential disturbance. No work shall occur within the non-
disturbance buffers until the young have fledged, as determined by a qualified
biologist. The appropriate buffer size shall be determined in cooperation with the
CDFW and/or the USFWS. If, despite the establishment of a non-disturbance buffer
it is determined that project activities are resulting in nest disturbance, work shall
cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
e. If project activities must occur within the non-disturbance buffer, a qualified biologist
shall monitor the nest(s) to document that no take of the nest (i.e., nest failure) will
result. If it is determined that project activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
17. MITIGATION MEASURE 4.3-3, PROTECTION OF ROOSTING BATS: In order to
avoid impacts to special-status bat species during project implementation, the measures
outlined below shall be implemented. With the incorporation of the following measures,
significant impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright
Way, a qualified bat biologist shall assess them for the potential to support roosting
bats. Suitable bat roosting sites include trees with snags, rotten stumps, and decadent
trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint
seams and other openings to interior spaces. If there is no evidence of occupation by
bats, work may proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
eviction (see “c” below) of bats roosting within structures during seasonal periods of
4
peak activity (e.g., February 15 - April 15, and August 15 - October 30), partial
dismantling of structures to induce abandonment, or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
If non-breeding/migratory bats are identified on the site within a tree or building
that is proposed for removal, then bats shall be passively excluded from the tree or
building. This is generally accomplished by opening up the roost area to allow
airflow through the cavity/crevice, or installing one-way doors. The bat biologist
shall confirm that the bats have been excluded from the tree or building before it
can be removed.
If a maternity roost of a special-status bat species is detected, an appropriate non-
disturbance buffer zone shall be established around the roost tree or building site,
in consultation with the CDFW. Maternity roost sites may be demolished only
when it has been determined by a qualified bat biologist that the nursery site is not
occupied. Demolition of maternity roost sites may not be performed during
seasonal periods of peak activity (e.g., February 15 - April 15, and August 15 -
October 30).
No additional mitigation for the loss of roosting bat habitat is required.
18. MITIGATION MEASURE 4.3-6, CREEK PROTECTION: The following measures from
the Town’s adopted “Guidelines and Standards for Land Use Near Streams” would
ensure that site construction and operation would not result in indirect adverse effects on
the riparian and aquatic habitats or Los Gatos Creek:
Measures to be Implemented During Project Construction
a. Project construction activities shall be restricted to daylight hours; nighttime work
shall not be permitted.
b. Use of elevated flood lights shall not be permitted; any exterior lighting shall be
directed inward and shall not cause the illumination of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
d. The Town of Los Gatos routinely requires implementation of protective measures for
all projects adjacent to stream courses. For all work adjacent to stream channels, best
management practices (BMPs) shall be implemented to prevent bank erosion,
sedimentation, release of contaminants, accidental incursion by construction
equipment below the tops of bank. Such measures may include installation of silt
fencing, hay bales, straw wattles or other protective devices to prevent the downslope
migration of silt or sediment from the construction site.
Measures to be Implemented During Project Operation
e. Post-construction BMPs incorporated into the project’s drainage plan shall comply
with Provision C.3.c of the Municipal Regional Stormwater Permit (see Impact 4.5-5
in Section 4.3, Hydrology and Water Quality, for more discussion) to ensure that no
significant adverse effects on water quality of Los Gatos Creek or the adjacent
riparian habitat would result.
f. Exterior lighting shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food containers by
employees outdoors in areas accessible to wildlife.
5
h. Free-roaming domestic pets (e.g., cats, off-leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
j. All storm water treatment facilities must be in accordance with local and regional
water quality standards to ensure there is no release of contaminants into the aquatic
environment.
19. MITIGATION MEASURE 4.4-3a, FILL REMOVAL: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall require the
removal of existing fill materials within proposed building excavations to a lateral
distance of at least 5 feet beyond the building footprint or to a lateral distance equal to the
fill depth below the perimeter footing, whichever is greater. Reuse of the fill materials
shall only be allowed if they meet the requirements for engineered fill specified in the
geotechnical report for the project. Materials such as debris, wood, and trash that do not
meet the requirements shall be screened out of the fill materials and removed from the
site. Fill materials shall be placed in lifts and compacted in accordance with the
compaction requirements specified in the geotechnical report.
While it is preferable to replace all existing fills with engineered fills, those fill materials
extending into planned pavement and flat work areas (e.g. pedestrian concrete and
pavers) may be left in place at the project sponsor’s option. However, the project sponsor
must determine that the fills are of low risk for future differential settlement and ensure
that the upper 12- to 18-inches of fill below the subgrade is re-worked and compacted in
accordance with the compaction requirements specified in the geotechnical report.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
20. MITIGATION MEASURE 4.4-3B, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geotechnical report, the project
sponsor shall ensure that existing utilities are completely removed from all building areas.
A utility may only be abandoned in place if it would not pose an unacceptable risk, and if
approved by the geotechnical engineer. If abandoned in place, the utility must b e
completely backfilled with grout or sand-cement slurry and the ends outside of the
building area must be capped with concrete. Trench fills must also be removed and
replaced with engineered fill with the trench side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
21. MITIGATION MEASURE 4.4-3C, EXCAVATION SAFETY: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall ensure that
the below grade excavations within the upper five feet below the building subgrade are
sloped at 3:1 (vertical:horizontal) and that those deeper than five feet below the building
subgrade as well as those excavations in pavement and flatwork areas are sloped at a
maximum inclination of 1.5:1. Alternatively, temporary shoring may be used to support
the excavations. The design of the shoring shall be left to the construction contractor’s
judgment, but shall comply with the standards set forth in the geotechnical report for the
project. A California-licensed civil or structural engineer must design and be in charge of
the temporary shoring design. The shoring shall support adjacent improvements such as
utilities, pavements, and buildings. A pre-condition survey shall be conducted including
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photographs and installation of monitoring points for existing site improvements. All
sensitive improvements shall be located and monitored for horizontal and vertical
deflections and distress cracking based on the pre-construction survey. For multi-level
excavations, the installation of inclinometers at critical areas may be required for more
detailed deflection monitoring. The monitoring frequency shall be established and agreed
to by the project team prior to start of shoring construction.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
22. MITIGATION MEASURE 4.4-3D, IMPLEMENT RECOMMENDATIONS OF
GEOTECHNICAL REPORT: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated updates or
revisions, related to review of plans and specifications for proposed buildings; demolition
observation and testing; construction observation and testing; site demolition, clearing,
and preparation; subgrade preparation; subgrade stabilization; material for fill;
compaction requirements; trench backfill; site drainage; foundations; concrete slabs and
pedestrian pavements; vehicular pavements; and retaining walls.
23. MITIGATION MEASURE 4.7-1, ADMINISTRATIVE CONTROLS: Prior to Grading
Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of
Los Gatos Public Works Department that the project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction
activities (including operation of haul and delivery trucks) shall occur between the
hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on
weekends and holidays. Additionally, pursuant to Municipal Code Section
16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los
Gatos Public Works Department, that construction noise shall not exceed 85 dBA
outside of the property line. This shall be accomplished through the use of properly
maintained mufflers and other state-required noise attenuation devices.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at
least 15 days prior to commencement of construction of each phase, regarding the
construction schedule of the proposed project. A sign, legible at a distance of 50 feet
shall also be posted at the project construction site. All notices and signs shall be
reviewed and approved by the Town of Los Gatos Public Works Department prior to
mailing or posting and shall indicate the dates and duration of construction activities,
as well as provide a contact name for the contractor’s Noise Disturbance Coordinator
and a telephone number where residents can contact that person about the
construction process and register complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public
Works Department, a qualified “Noise Disturbance Coordinator.” The Disturbance
Coordinator shall be responsible for responding to any local complaints about
construction noise. When a complaint is received, the Disturbance Coordinator shall
notify the Town within 24-hours of the complaint and determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement
reasonable measures to resolve the complaint, as deemed acceptable by the Public
Works Department.
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d. Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, convalescent homes, etc.) to the extent feasible and shall be restricted to
collector streets in the project vicinity (i.e. Winchester Boulevard and Lark Avenue).
e. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
24. MITIGATION MEASURES 4.7-2, VIBRATION CONTROLS: To prevent cosmetic
damage to existing adjacent structures, the project contractor shall avoid use of large,
truck-mounted vibratory compactors within 15 feet of adjacent structures, and shall not
use any equipment that generates vibration levels that exceed 0.5 in/sec PPV, the
cosmetic damage threshold for transient vibration, when measured at the closest
residential structures.
25. MITIGATION MEASURE 4.8-1a, BAAQMD BASIC AND ADDITIONAL
CONSTRUCTION MITIGATION MEASURES: Prior to issuance of any Grading or
Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that
the Grading Plan, Building Plans, and specifications stipulate that the following basic and
enhanced construction mitigation measures shall be implemented as required by
BAAQMD Guidelines while project phases are under construction:
Water all active construction areas to maintain 12% soil moisture.
All grading shall be suspended when winds exceed 20 miles per hour.
All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
Hydroseed or apply non-toxic soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
Enclose, cover, water twice daily or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. Install sandbags or other
erosion control measures to prevent silt runoff to public roadways.
Wind breaks and perimeter sand bags shall be used to minimize erosion.
The amount of simultaneously disturbed surface shall be minimized as much as
possible.
Site access points from public roadways shall be paved or treated to prevent track-out.
Replace vegetation in disturbed areas as quickly as possible.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided
for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the
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Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD’s phone number shall also be visible to
ensure compliance with applicable regulations.
26. MITIGATION MEASURE 4.8-1B, BAAQMD ARCHITECTURAL COATINGS: Prior
to issuance of any Building Permit, the Chief Building Official shall confirm that the
Building Plans and specifications include the following BAAQMD additional
construction mitigation measures (during the application of architectural coatings in
Years 3 and 4):
Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG])
coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3:
Architectural Coatings).
VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
27. MITIGATION MEASURE 4.8-1C, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine
grading) for construction Years 1 and 2 only in order to ensure NOX emissions would be
reduced to less-than-significant levels:
Phase 1 (Year 1): Trucks hauling soil during Phase 1, shall not exceed a vehicle
miles traveled (VMT) per day during mass grading of 1,653 miles.
Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not exceed 545 miles (NOX mitigation is not
necessary in Year 3).
Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD policy, these travel distance limits are daily averages for a 7-day week.
VMT’s shall be logged weekly and supplied to the Town Engineer and the Chief
Building Official on a monthly basis. These limitations shall be stipulated in construction
bids, plans, and specifications.
28. MITIGATION MEASURE 4.9-1, GHG REDUCTION MEASURES: Prior to the
issuance of building permits, the applicant shall demonstrate the incorporation of a
combination (one or more) of sustainable project design features that would meet the EIR
significance threshold of 4.6 MT CO2e/sp/year. The applicant’s current proposal is to
implement the GHG mitigation measures identified in Table 4.9-2 of this EIR, which
would achieve the reductions necessary to achieve the 4.6 MT CO2e/sp/year threshold.
Those measures shall be carried out, except that, at the applicant’s election and subject to
approval by the Community Development Director, the applicant may substitute
alternative measures of equivalent effectiveness to one or more of the measures identified
in Table 4.9-2. In the event that the BAAQMD has assigned percent reductions for such
alternative measures, such reductions shall be considered by Town Staff in determining
whether such measures truly are equivalent in their effectiveness to those identified in
Table 4.9-2. The following menu of measures provides examples of potential alternatives
to the measures already accounted for in Table 4.9-2:
Include solar photovoltaic or other technology to generate electricity on-site to reduce
consumption from the electrical grid.
Implement an employee telecommuting program.
Implement an on-site carpool matching program for employees.
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100% Increase in Diversity of Land Uses (provide on-site employee amenities).
Increase Energy Efficiency Beyond Title 24.
Work with the Bay Area Air Quality Management District (BAAQMD) to implement
acceptable off-site mitigation. This would involve an agreement with the BAAQMD
and payment of fees or the purchase of carbon credits. The BAAQMD would commit
to reducing the type and amount of emissions identified in the agreement.
29. MITIGATION MEASURE 4.10-2, HAZARDOUS BUILDING MATERIALS
SURVEYS AND ABATEMENT: Prior to demolition of each building, the project
applicant shall incorporate into contract specifications the requirement that the
contractor(s) have a hazardous building materials survey completed by a Registered
Environmental Assessor or a registered engineer. This survey shall be completed prior to
any demolition activities associated with the project. If any friable asbestos-containing
materials or lead-containing materials are identified, adequate abatement practices, such
as containment and/or removal, shall be implemented in accordance with applicable laws
prior to demolition. Specifically, asbestos abatement shall be conducted in accordance
with Section 19827.5 of the California Health and Safety Code, as implemented by the
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented
by Cal/OSHA. Lead-based paint abatement shall be conducted in accordance with
Cal/OSHA’s Lead in Construction Standard.
Any PCB-containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DEHP shall also be removed and legally disposed of
in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22
CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11
for DEHP.
30. MITIGATION MEASURE 4.10-3A, UPDATE ENVIRONMENTAL DATABASE
REVIEW: The project applicant shall retain a qualified professional to update the
environmental database review performed as part of the Phase 1 Environmental Site
Assessment no more than three months prior to the start of any construction activities that
would involve disturbance of greater than 50 cubic yards of soil. The qualified
professional shall prepare a report summarizing the results of the environmental database
review that assesses the potential for any identified chemical release sites to affect soil
quality at the proposed project site and identifies appropriate soil analysis to evaluate the
potential for soil contamination at the proposed project site, if needed. In response, the
project applicant shall implement the recommended soil analyses, if any.
31. MITIGATION MEASURE 4.10-3B, CONTINGENCY PLAN: The project applicant
shall require the construction contractor(s) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the Santa Clara
County Department of Environmental Health in accordance with the Voluntary Cleanup
Program in the event that previously unidentified hazardous materials are encountered
during construction. If previously unidentified soil contamination is identified, per the
contingency plan, the contractor(s) shall be required to modify their health and safety
plan to include the new data, conduct sampling to assess the chemicals present, and
identify appropriate disposal methods. Evidence of potential contamination includes soil
discoloration, suspicious odors, the presence of underground storage tanks, or the
presence of buried building materials.
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32. MITIGATION MEASURE 4.11-2A, ARCHAEOLOGICAL MONITOR: A qualified
archaeologist shall be retained to monitor the site clearing and grading operations in those
areas where buildings will be removed and/or new construction will occur. The
archaeologist shall be present on-site to observe site clearing at a representative sample of
building removal areas until he/she is satisfied that there is no longer a potential for
finding buried resources. In the event that any potentially significant archaeological
resources (i.e., potential historical resources or unique archaeological resources) are
discovered, the project archaeologist shall stop work inside a zone designated by him/her
where additional archaeological resources could be found. A plan for the evaluation of
the resource shall be submitted to the Community Development Director for approval.
Evaluation normally takes the form of limited hand excavation and analysis of materials
and information removed to determine if the resource is eligible for inclusion on the
California Register of Historic Resources (CRHR).
33. MITIGATION MEASURE 4.11-2B, IDENTIFICATION OF ELIGIBLE RESOURCES:
If an eligible resource (i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be submitted to the
Community Development Department for approval before any additional construction
related earthmoving can occur inside the zone designated as archaeologically sensitive.
Whether the proposed plan is feasible shall be determined by the Community
Development Department after consideration of the viability of avoidance in light of
project design and logistics. In lieu of avoidance, mitigation could include additional
hand excavation to record and remove for analysis significant archaeological materials,
combined with additional archaeological monitoring of soils inside the archaeologically
sensitive zone.
34. MITIGATION MEASURE 4.11-2C, DISCOVERY OF HUMAN REMAINS: Required
monitoring will also serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the responsibility
of the project archaeologist to contact the County Coroner’s Office and the Native
American Heritage Commission (NAHC). The NAHC is responsible for naming a Most
Likely Descendant (MLD) who shall represent tribal interests in regards to human
remains and associated grave goods. The MLD shall make recommendations to the
Community Development Director regarding the method for exposure and removal of
human burials and associated grave goods, and shall advise the Community Development
Director regarding the place and method of reburial of these materials.
35. MITIGATION MEASURE 4.11-3, HALT CONSTRUCTION AND EVALUATE
RESOURCE: Prior to the commencement of construction activities, the project applicant
shall provide for a qualified paleontologist to provide construction personnel with
training on procedures to be followed in the event that a fossil site or fossil occurrence is
encountered during construction. The training shall include instructions on identification
techniques and how to further avoid disturbing the fossils until a paleontological
specialist can assess the site. An informational package shall be provided for
construction personnel not present at the meeting.
In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or
micro-fossil) is found during construction, excavation within 50 feet of the find shall be
temporarily halted or diverted until the discovery is evaluated. Upon discovery, the
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Community Development Director shall be notified immediately and a qualified
paleontologist shall be retained to document and assess the discovery in accordance with
Society of Vertebrate Paleontology’s 2010 Standard Procedures for the Assessment and
Mitigation of Adverse Impacts to Paleontological Resources, and determine procedures
to be followed before construction is allowed to resume at the location of the find. If the
Community Development Director determines that avoidance is not feasible, the
paleontologist will prepare an excavation plan for mitigating the project’s impact on this
resource, including preparation, identification, cataloging, and curation of any salvaged
specimens.
Building Division
36. PERMITS REQUIRED: A separate building permit shall be required for the
demolition(s) of existing buildings and each new office/commercial building and the
parking garage structure. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
37. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the second sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
38. SIZE OF PLANS: Four sets of construction plans, size 30” x 42” maximum.
39. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street
names and/or building addresses/suite numbers to the Building Division prior to
submitting for the building permit application process.
40. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics.
41. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition
Applications and Bay Area Air Quality Management District Applications from the
Building Department Service Counter. Once the Demolition Forms have been
completed, all signatures obtained, and written verification from PG&E that all utilities
have been disconnected, return the completed Forms to the Building Department Service
Counter with the Air District’s J# Certificate(s), PG&E verification, and three (3) sets of
Site Plans showing all existing structures, existing utility service lines such as water,
sewer, and PG&E. No demolition work shall be done without first obtaining a Permit
from the Town.
42. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four (4) feet in depth or which remove lateral support from any existing build ing,
adjacent property or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal/OSHA regulations.
43. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and that the building pad elevations and on-site retaining wall
locations and elevations have been prepared according to the approved plans. Horizontal
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and vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
44. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue-lined (sticky-backed) onto a sheet of the plans.
45. BACKWATER VALVE: The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12-inches above the elevation of the next upstream manhole.
46. FIRE ZONE: This project will require Class A Roof Assemblies.
47. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out, signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgatosca.gov/building
48. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second or third page. The
specification sheet is available at the Building Division Service Counter for a fee of $2 or
at San Jose Blue Print for a fee.
49. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on
the final construction drawings) must be blue-lined in full onto the Plans. In the event
that this data differs significantly from any Planning approvals, the Town may require
recertification of the project’s storm water treatment facilities prior to release of the
Building Permit.
50. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance
with the Nonresidential Mandatory Measures of the 2010 California Green Building
Standards Code and all subsequent Amendments.
51. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site
shall be provided from public transportation stops, accessible parking and accessible
passenger loading zones and public streets or sidewalks to the accessible building
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall connect
all accessible buildings, facilities, elements and spaces that are on the same site. If access
is provided for pedestrians from a pedestrian tunnel or elevated walkway, entrances to the
buildings from each tunnel or walkway must be accessible.
52. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where
parking is provided for the public as clients, guests or employees, shall provide handicap
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accessible parking. Accessible parking spaces serving a particular building shall be
located on the shortest accessible route of travel from adjacent parking to an accessible
entrance. In buildings with multiple accessible entrances with adjacent parking,
accessible parking spaces shall be dispersed and located closest to the accessible
entrances.
53. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Joel Paulson (408) 354-6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Bay Area Air Quality Management District: (415) 771-6000
Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
54. GENERAL: All public improvements shall be 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 the developer's expense.
55. GRADING PERMIT: A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
Parks and Public Works Director, the grading permit will be issued concurrently with the
building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department at 110 E. Main Street is
needed for grading within the building footprint.
56. GRADING PERMIT PHASING: Phased grading permits may be allowed if approved by
the Town Attorney and the Parks and Public Works Director. Phasing may relate to
development phases or to multiple grading permits within a development phase, such as
early release of a grading permit prior to release of the building permit, or for utility
relocation. Bonding of early grading improvements may be required.
57. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
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58. TENTATIVE MAP: A tentative map is required, either one tentative map for the
proposed project or more than one tentative map, depending on phasing, prior to
submittal for one or more final or parcel maps. Phased subdivision maps shall be
permitted.
59. SUBDIVISION MAP: A final or parcel map shall be recorded. Two copies of the final /
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. Tentative Map planning applications shall be approved for each development
phase before a parcel or final map for that phase is recorded.
60. RIGHT OF WAY VACATION: The Albright Way and Albright Court right of ways
shall be vacated prior to or concurrently with the first subdivision map. Street vacation or
issuance of an encroachment permit shall occur prior to issuance of permits allowing
private work to commence in street right of way areas.
61. PUBLIC EASEMENT ABANDONMENT: The initial public easements to be abandoned
shall occur prior to or simultaneously with the street vacation or issuance of an
encroachment permit. Subsequent public easement abandonments may be approved by
the Director of Parks and Public Works.
62. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
63. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress-egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter
Oaks, through the project site, to Winchester Blvd. sufficient to meet the Fire
Department’s requirements. No private vehicle access will be permitted between
Charter Oaks to the project site utilizing this Easement.
64. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided for
each building stating that the building foundation was constructed in accordance with the
approved plans shall be provided subsequent to foundation construction and prior to
construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
65. DESIGN CHANGES: The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as-built" drawings.
66. AS-BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built"
plans shall again be signed and "wet-stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and
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approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court,
Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours,
Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as
the Town’s survey control network and shall be submitted in AutoCAD version 2000 or
higher.
67. FINISHED FLOOR ELEVATIONS: Finished floor elevations for all new inhabitable
buildings shall be higher than the 100-year water surface elevations identified on Flood
Insurance Rate Maps current at the time of building permit issuance.
68. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
69. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
70. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
71. THIRD PARTY INSPECTOR FEES: The applicant shall pay for the inspection of public
street lighting and traffic signal related work. Inspections shall be performed by the
Town’s street lighting and traffic signal contractor. An initial deposit of $5,000 shall be
made to the Town prior to issuance of an encroachment or public improvement permit.
Inspection will be on a cost recovery basis and additional inspection fees may be
required.
72. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant’s soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an “as-built” letter/report
prepared by the applicants’ soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
73. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved
prior to issuance of any permit for each development phase, subject to the discretion of
the Town Engineer.
74. STORMWATER MANAGEMENT PLAN: A storm water management plan shall be
included with each phased grading permit application for all Group 1 and Group 2
projects as defined in the amended provisions C.3 of the amended Santa Clara County
NPDES Permit. The plan shall delineate source control measures and BMP’s together
with the sizing calculations. The plan shall be certified by a professional pre-qualified by
the Town. In the event that storm water measures proposed for the A&S approval differ
significantly from those certified on the Building/Grading Permit, the Town may require
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a modification of the A&S approval prior to release of the Building Permit. The applicant
may elect to have the A&S submittal certified to avoid this possibility.
75. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner or
Owner’s Association, as appropriate, shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this project by
Town’s Stormwater Discharge Permit and all current amendments or modifications. The
agreement will specify that certain routine maintenance, including catch basin cleaning
and pavement sweeping, shall be performed by the property owner or owner’s
association, as applicable, and will specify device maintenance reporting requirements.
The agreement will also specify routine inspection requirements, permits and payment of
fees. The agreement shall be recorded prior to release of any occupancy permits.
76. SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled/signed
with appropriate “NO DUMPING - Flows to Bay” NPDES required language.
77. NPDES 1: On-site drainage systems for all projects shall conform to the requirements of
the Municipal Regional NPDES Permit that is current at the time of A&S approval for
each development phase. Each development phase must provide, at a minimum, sufficient
improvements to treat all development within that phase. Deferral of treatment to future
phases will not be allowed.
78. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans
shall be submitted to Community Development for review and approval to insure that
beneficial landscaping has been incorporated into the design to minimize irrigation runoff
and use of pesticides and fertilizers.
79. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant
capacity fees for a project phase shall be paid either immediately prior to the recordation
of any subdivision map for that phase, or immediately prior to the issuance of a sewer
connection permit, which ever event occurs first. Written confirmation of payment of
these fees shall be provided prior to recordation of each map or issuance of a building
permit.
80. 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.
81. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by install ing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater valve,
as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of
the Town Code and maintain such device in a functional operating condition. Evidence of
West Valley Sanitation District’s decision on whether a backwater device is needed shall
be provided prior to issuance of a building permit.
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82. TRASH ENCLOSURES: Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system. No trash enclosure shall be placed between a
building and a residential area.
83. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
84. UTILITIES: All new utilities shall be placed underground.
85. ABOVE GROUND UTILITIES: The applicant shall submit a 75-percent progress print
to the Town for review of above ground utilities including backflow prevention devices,
fire department connections, gas and water meters, off-street valve boxes, hydrants, site
lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above
ground utilities shall be reviewed and approved by the Community Development Director
prior to issuance of any permit for each development phase.
86. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and
phasing plans shall be included in the grading permit application package.
87. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of each subdivision map.
88. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
Town prior to recordation of each map. The joint trench plans shall include street and/or
site lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will be by Rule LS2A, and that private lights shall be metered
with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated
on the plans.
89. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3-inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5-inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend 5-feet beyond the longitudinal limits of
trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
90. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to
the project's 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 application is made.
The fee shall be paid before the building permit is issued. The traffic impact mitigation
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fee for this project, using the current fee schedule and addition of 300,000 square-feet of
Office Park (ITE Code 750) is $192,960. 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 use.
91. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
92. LARK/UNIVERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay $228,639.11 to reimburse the Town for
their fair share contribution towards the construction of a traffic signal at the intersection
of University Avenue and Lark Avenue. The contribution is based on 52-percent of the
total construction and design cost of $397,550.63.
93. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
94. TRAFFIC SIGNAL: A new intersection aligned with the existing Courtside driveway on
Winchester Boulevard, and conversion of the existing Albright Way intersection to right-
turn in and out shall be provided with the Phase 1 development. A full traffic signal,
signal interconnection and timing shall be provided prior to issuance of the first
certificate of occupancy.
95. TRAFFIC SIGNAL TIMING AND SYNCHRONIZATION: The applicant shall provide
a proposal from a licensed traffic engineer containing a scope of work for developing a
method of interconnection, coordination, and timing of the traffic signals along
Winchester from the new project signal to Winchester/Wimbledon to Lark/Winchester
and on to Lark/University. New conduit is required in locations where street widening is
proposed. The proposal and method of signal coordination shall be reviewed and
approved by Town Engineer. Signal coordination shall be in place prior to occupancy of
Phase 1 building, and re-timed again once each building has reached a significant level of
occupancy. A bond for the signal coordination up to two times subsequent to the initial
work performed prior to occupancy shall be posted with the Town prior to issuance of
each certificate of occupancy.
96. TRAFFIC CIRCULATION STUDIES: As part of each grading permit application, the
developer shall submit design-level circulation plans to address onsite circulation and
project entry points from Winchester Boulevard at each development phase. The plans
will identify the configuration of on-site circulation facilities and project entry points
from Winchester Boulevard as needed to support each development phase.
97. TRAFFIC IMPROVEMENTS: The following traffic improvements shall be constructed
prior to issuance of the first certificate of occupancy:
a. New Project Entry. The applicant shall construct a new four-way signalized
intersection to align with the existing Courtside driveway approximately 200-feet
south of Albright Way. The design shall include, at a minimum, an additional right
turn lane entering the project site, additional Class II bike lane on east side of
Winchester Boulevard along entire project frontage, and two left-turn lanes exiting
the project site. The southbound left turn pock shall be formed using a raised median .
The raised median shall extend north to physically restrict southbound left and U-
turns at Albright Way. The northbound left turn pocket to the Courtside Club shall be
extended to 175-feet (7 car queue) as recommended in the traffic impact analysis.
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Handicap ramps, pedestrian crossings, signing, striping and parking shall be provided
in general conformance with the approved PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island (“pork chop”) to
restrict vehicular movement to right-in right-out only with turn restriction signage.
c. Frontage Improvements. Paint pole and install LED light fixtures for all existing
street lights at the project frontage.
d. Class II Bike Lanes. Class II bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Turn Lanes. Winchester Boulevard shall be widened to provide
dedicated right turn lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if
determined to be required by the Director of Parks and Public Works.
f. Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtside entrance and Lark Avenue to provide a dedicated southbound left-turn lane
to eastbound Lark Avenue.
98. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project’s
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting (upgrade and/or repaint) etc.
99. BUS PAD: Prior to issuance of the first certificate of occupancy, the developer shall
provide a bus pad on northbound Winchester Boulevard north of Albright Way. The pad
shall meet the following VTA specifications:
a. Handicap access ramps and sidewalk from Albright Way to the bus pad;
b. 10’ x 55’ concrete bus pad constructed to VTA specifications;
c. Minimum 8’ x 40’concrete sidewalk adjacent to the bus stop area;
d. Solar bus stop light mounted on VTA bus stop pole with ADA compliant activation
button;
e. Trees and landscaping should be placed outside the bus stop area to accommodate
passenger/pedestrian movement and provide clearance for vehicles.
100. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
101. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. A slurry seal shall be provided across the full lane width in
areas of trenching, lane widening, median modification or construction, and where
striping has been ground off. Existing improvement to be repaired or replaced shall be at
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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.
102. PUBLIC AND PRIVATE IMPROVEMENT SECURITY: The applicant shall supply
suitable securities for all public improvements, and private circulation and drainage
infrastructure improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit for each development phase. Applicant shall provide two (2)
copies of documents verifying the cost of the applicable improvements to the satisfaction
of the Engineering Division of the Parks and Public Works Department.
103. RETAINING WALLS: A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
104. SOILS REPORT: One copy of the soils report shall be submitted with each grading
permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design and erosion
control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code. Each
report shall be peer reviewed by Town Consultants prior to submittal for permits.
105. SOIL EXPORT: The total soil export volume (sum of all development phases) from the
site shall not exceed 22,200 cubic yards. The contractor’s project engineer shall send
daily trucking reports to the Engineering inspector during the export operation of each
development phase. Project impacts were evaluated based on the following earthwork
breakdown: Phase 1) 33,000 CY cut to fill, 8,700 CY export; Phase 2) 4,500 CY cut to
fill, 10,000 CY export; and Phase 3) 3,000 CY cut to fill, 3,500 CY export.
106. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). No more than 10 trucks per hour will be allowed. Prior to the issuance of a
building permit, the developer shall work with the Town Building and Engineering
Department Engineering Inspectors to devise a traffic control plan to ensure safe and
efficient traffic flow under periods when soil is hauled on or off the project site. This
may include, but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris or require all trucks to maintain at least two feet of freeboard.
107. SOILS REVIEW: Prior to issuance of each grading permit, the applicant’s soils engineer
shall review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant’s soils engineer’s
approval shall then be conveyed to the Town either by letter or by signing the plans.
108. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
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Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit.
109. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice la nd surveying, for
the following items:
a. Retaining wall--top of wall elevations and locations
b. Toe and top of cut and fill slopes
110. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35-mm or digital video camera. The survey shall
extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester
to the Campbell City limits. In addition, a pavement deflection analysis conforming to the
same limits as the photographic survey shall be performed to determine pavement
strength. The results shall be documented in a report and submitted to the Town for
review.
111. POSTCONSTRUCTION PAVEMENT SURVEY: The project Applicant shall complete
a post construction pavement condition survey and pavement deflection analysis to
determine whether road damage occurred as a result of project construction and whether
there were changes in pavement strength. Rehabilitation improvements required to
restore the pavement to pre-construction condition and strength shall be determined using
State of California procedures for deflection analysis. The results shall be documented in
a report and submitted to the Town for review and approval. The Applicant shall be
responsible for completing any required road repairs prior to release of a certificate of
occupancy.
112. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior
to issuance of any grading permit.
113. DEMOLITION: Any existing structures that would straddle a future property line shall
be demolished prior to recordation of the final or parcel map for the applicable phase.
114. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
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blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on-site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late-afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 20 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
115. DUST CONTROL (SITES > 4 ACRES): The following measures should be implemented
at construction sites greater than four acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
116. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor
and property owner to make sure that all dirt tracked into the public right-of-way is
cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL
NOT be washed into the Town’s storm drains.
117. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
118. SIDEWALK REPAIR: The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
119. CURB AND GUTTER: The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Details. The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
120. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
121. PRIVATE STREETS: All streets within the development shall be private.
122. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure
23
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
123. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub-contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
124. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
125. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
126. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
127. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
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the Town Engineer (§ 15.40.070).
128. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
129. CC&R’s: A copy of the CC&R’s shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation.
130. FENCING 1: A fence shall be provided along the project frontage to the rail right of way
as shown in the A&S plan set. The fence shall be complete prior to issuance of the first
certificate of occupancy.
131. FENCING 2: A 6-foot masonry fence shall be provided between commercial and
residential zones as required by Town Code.
132. ALTERNATIVE TRANSIT: The project shall encourage alternative transportation
modes (carpooling and bicycling) by providing reserved parking for carpools/vanpools,
showers/changing areas for employees, and bicycle parking.
133. BICYCLE PARKING: Bicycle parking shall be provided at a ratio of one bike space to
twenty vehicle parking spaces. Three quarters (75%) of the bike spaces shall be Cl I and
the remaining quarter (25%) shall be Cl II spaces as defined by VTA. The spaces shall be
provided by phase in accordance with the vehicle spaces required for that phase.
134. SCVWD APPROVAL: The following Santa Clara Valley Water District approvals shall
be obtained prior to issuance of building permits:
a. Any work east of the project’s east boundary requires an encroachment permit from
the District.
b. Any proposed trail access points must be open to the general public and not be
exclusive to site occupants. New trail connections and trail amenities require District
permits. The District discourages the proliferation of “midblock” access points.
c. Planting of replacement trees on SCVWD property to mitigate on site tree removals is
not permitted.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
135. Review of this development proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
136. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum clear
width of fire department access roads shall be 20 feet. Aerial fire access roads: Buildings
or portions of buildings or facilities exceeding 30 feet in height above the lowest level of
fire department vehicle access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Overhead utility and
power lines shall not be located within the aerial fire apparatus access roadway. Aerial
fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the
immediate vicinity of any building or portion of building more than 30 feet in height.
Proximity to building: At least one of the required access routes meeting these conditions
shall be located within a minimum of 15 feet and a maximum of 30 feet from the building
and shall be positioned parallel to one entire side of the building, as approved by the fire
code official. CFC Sec. 503 See Pages C-1, C-2.1 and C-2.2.
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137. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fire
apparatus access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds or as otherwise determined by the fire code official.
Minimum clear height: Vertical clearance over required vehicular access roads and
driveways shall be 13 feet 6 inches. Grade: Maximum grade shall not exceed 15%. Turn
Radius (circulating): The minimum outside turning radius is 42 feet for required access
roadways. Greater radius up to 60 feet may be required where the fire department
determines that ladder truck access is required. Circulating refers to travel along a
roadway without dead ends. Turning Radius (Cul-de-sacs): The minimum outside
turning radius is 36 feet. Use of cul-de-sacs is not acceptable where it is determined by
the fire department that ladder truck access is required, unless greater turning radius is
provided. CFC Sec. 503 See pages C-1, C-2.1 and C-2.2.
138. EMERGENCY RESPONDER RADIO COVERAGE: Buildings and structures that
cannot support the required level of radio coverage shall be equipped with a radiating
cable system, a distributed antenna system with FCC certified signal boosters or other
system approved by the fire code official in order to achieve the required adequate radio
coverage. CFCJ103.1.1.
139. FIRE SPRINKLERS WHERE REQUIRED: An approved automatic fire sprinkler system
shall be provide throughout all new buildings and structures. Where the provisions of
this code require that a building or portion thereof be equipped throughout with an
approved fire sprinkler system in accordance with this section, the sprinklers shall be
installed throughout in accordance with NFPA 13 except as provided in Section
903.3.1.1.1 and local standards. Note: The new owner(s), occupant(s) and any
contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of
record in order to determine if any modification or upgrade of the existing water service
is required. A State of California licensed (C-16) Fire Protection Contractor shall submit
plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. CFC Sections 903.2.1
through 903.2.18 as adopted and amended by LGTC.
140. POTABLE WATER: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirements of that purveyor. Such requirements shall
be incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically connected
in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration
will not be granted by this office until compliance with the requirements of the water
purveyor of record are documented by hat purveyor as having been met by the
applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
141. HOSE VALVES/STANDPIPES REQUIRED: Buildings shall be equipped with
standpipes designed per NFPA Std. #14, as amended in Chapter 47, and be equipped with
2-1/2” hose valves, at location designated by the fire department. Hose valves/standpipes
26
shall be installed as per the 2010 CFC Sec. 905, or where emergency access has been
deemed minimal, shall be equipped standpipes designed per NFPA Std. #14, as amended
in Chapter 47, and be equipped with 2-1/2” hose valves, located within the stair
enclosure(s). Note specifically, within parking structure(s) at stairwells and on podium
within courtyard area. 2010 CFC Sec. 905.
142. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent public
streets at location(s) to be determined by the fire department. Maximum hydrant spacing
shall be 500 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual
pressure. Prior to design, the project civil engineer shall meet with the fire department
water supply officer to jointly spot the required fire hydrant locations. 2010 CFC Sec.
507, Appendix B and C and Tables B106 and C105.1.
143. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the
project. Markings shall be per fire department specifications. Installations shall conform
to Local Government Standards and Fire Department Standard Detail and Specifications
A-6. 2010 CFC Sec. 503.3.
144. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. 2010 CFC Sec. 501.
145. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior to
the start of combustible construction. During construction, emergency access roads shall
be maintained clear and unimpeded. Note that building permit issuance may be withheld
until installations are completed. Temporary access roads may be approved on a case by
case basis. 2010 CFC Sec. 501.
146. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background. CFC
Sec. 505.
147. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply with
standard specification SI-7 for construction site safety.
148. FIRE HYDRANT LOCATION IDENTIFIER: Prior to project final inspection, the
general contractor shall ensure that an approved (“Blue Dot”) fire hydrant location
identifier has been placed in the roadway, as directed by the Fire Department.
149. TRAFFIC SIGNAL PREMPTION: Both new and existing traffic signals on Winchester
Boulevard and Lark Avenue must be equipped with signal preemption control devices.
Contact this office to determine which intersections must be so equipped.
N:\DEV\CONDITNS\2011\AlbrightA&S.doc
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CLEARVIEW DRWIMBLEDON DRWINCHESTER CITOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change From: CM:PD To: CM:PD
PD -12-001A.P.N. #424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date:
Ord:
90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
§
1
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247, 1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM:PD TO CM:PD AT
90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances
1247, 1366, and 1955 and to change the Zoning at 90 – 160 (Ninety to One Hundred and Sixty)
Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as
Exhibit A and is part of this Ordinance (the “Property”) from CM:PD (Controlled
Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned
Development). APN’s 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance (the “PD
Overlay”) authorizes the following construction and use of improvements:
1. The development of the Property could include up to a maximum of 550,000 square feet
of office/R&D space (including office serving amenities), one parking garage, surface
parking areas, new access driveways, and new landscaping and open space.
2
2. Uses permitted and conditionally permitted are:
Permitted Uses:
Office, including corporate, administrative, business, and professional offices, but
excluding medical and dental offices;
Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products); and
Office serving uses designed to primarily serve those employed at the site or visiting
the site for other business purposes, such as: recreational facilities; conference and
training facilities; restaurants, cafeterias, and other eating establishments; health and
wellness facilities; and ancillary uses such as on-site banking, ATMs, private post
offices, personal services (such as dry cleaning pick up), and similar support uses.
These office serving and ancillary uses shall not be available to the general public.
Conditional Uses:
No conditionally permitted uses are allowed
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V), and/or this ordinance specifically indicate otherwise.
SECTION IV
Regardless of the type of permit, Architecture and Site Approval is required before any
construction work for the project is performed and before any permit for construction is issued.
3
Construction permits shall only be issued in a manner complying with Section 29.80.130
(Architecture and Site Approval) of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los
Gatos on April 11, 2013 (19 sheets) constitute the Official Development Plan. The following
must be complied with before issuance of any grading, demolition or construction permits,
unless otherwise stated below.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
performance standards listed below and the Official Development Plan. Any further
changes or modifications made to the Official Development Plan shall be approved by
the Community Development Director, Development Review Committee, Planning
Commission or the Town Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
4
3. ARCHITECTURE AND SITE (A&S) APPROVAL REQUIRED: A separate A&S
application shall be required for the project. The A&S application shall be referred to
Planning Commission for a recommendation to Town Council. Town Council shall
make the final determination on A&S applications.
4. COMMERCIAL DESIGN GUIDELINES: A&S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines.
5. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS: A&S
applications shall be reviewed for compliance with applicable sections of the Guidelines
and Standards for Land Use Near Streams.
6. SUBDIVISION REQUIRED: A subdivision map application shall be approved prior to
the issuance of building permits. The Development Review Committee may be the
deciding body for the tentative map.
7. BUILDING COMPOSITION: The project shall not exceed 550,000 square feet of
office/R&D space, inclusive of any indoor conference facilities, cafeteria, fitness center
or other amenities.
8. BUILDING HEIGHT: The maximum height of the office/R&D buildings shall be up to
four stories and 65’ (sixty five feet). The maximum height of the parking structures shall
be 35’ (thirty five feet), exclusive of tower elements, elevator overrun structures, and
other similar architectural elements. Renewable energy facilities, such as wind or solar,
can extend can extend the maximum height of the parking structure up to an additional
14’ (fourteen feet) to 49’ (forty nine feet).
9. SETBACKS: Minimum setbacks are as set forth on Sheet A-04 of the Official
Development Plan (Exhibit B).
5
10. LOT COVERAGE: Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
11. OFFICIAL DEVELOPMENT PLANS: The Official Development Plan provides the
permitted development parameters applicable to the property. Final building designs in
compliance with the Official Development Plan shall be determined during the A&S
Approval process.
12. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
13. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision
map detailing how the performance standards will be addressed.
14. LANDSCAPE PLAN: The final landscape plan shall be reviewed by a restoration
ecologist for compliance with the Guidelines and Standards for Land Use Near Streams
prior to the issuance of a building permit. All Tree Protection measures recommended by
the Consulting Arborist in reports dated February 18, 2011, December 18, 2012, and
January 16, 2013, shall be followed.
15. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
16. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Fencing shall be six foot high
6
cyclone (chain link) attached to two-inch diameter steel posts drive 18 inches into the
ground and spaced no further than 10 feet apart. Include a tree protection fencing plan
with the construction plans.
17. RECYCLING: Prior to the issuance of a demolition permit, the developer shall provide
the Community Development Director with written notice of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company that will recycle
the materials. Receipts from the company(s) accepting these materials, noting type and
weight of material, shall be submitted to the Town prior to the Town's demolition
inspection.
18. PARKING: The minimum parking ratio for the project is 3.3 spaces/1000 square feet.
Wheel stops may be used in the parking garages where deemed appropriate and necessary
for safety. Wheel stops shall not be used in any surface parking areas. Parking spaces
shall be double striped per Town standards.
19. NETWORK ACCESS: Network access shall be provided in the outdoor common areas,
to allow people to work outside.
20. PROJECT PHASING: The project may be constructed in phases. If the
applicant/developer elects to build the project in phases, then any undeveloped site(s) for
future phase(s) shall include provisions for landscaping and other attractive low
maintenance improvements, and security and maintenance of any undeveloped land to be
developed under future phases.
21. DEVELOPMENT IMPACT FEES: The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos -
7
Saratoga Union High School District (LGSUHSD) at the time of the building permit
issuance.
22. LANDSCAPE SCREENING: All buildings and parking structures shall be significantly
buffered from Winchester Boulevard and adjacent properties by the existing and
proposed tree screen as shown on the Planting Plan. All healthy redwoods and other
significant trees along the Winchester Boulevard frontage screen shall be retained except
for those that would be removed with the construction of the new signalized project entry
or other required roadway improvements as shown on the Tree Disposition Plan. The
proposed parking structure would also be screened by the existing vegetation and
additional landscaping as shown on the Planting Plan.
23. PERIMETER TREES: The proposed trees to be planted along the perimeter of the
property shall be planted during the first phase of construction.
24. TREE MAINTENANCE AGREEMENT: The applicant shall enter into a Tree
Maintenance Agreement with the Town for five years for the twelve proposed trees to be
transplanted. Should any of the transplanted trees die, the applicant will be required to
replace them with trees that are 48-inch box size at a minimum.
25. MITIGATION MEASURE 4.3-2, PROTECTION OF NESTING SPECIAL-STATUS
AND MIGRATORY BIRDS: In order to avoid impacts to special-status and migratory
bird species during project implementation, the measures outlined below shall be
implemented. With the incorporation of the following measures, significant impacts on
these species would be avoided:
a. The removal of trees and shrubs shall be minimized to the extent feasible.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such
8
activities shall be conducted outside of the breeding season (i.e., between September
1 and January 31), to avoid impacts to nesting birds.
c. If tree removal, pruning, grubbing and demolition activities are scheduled to
commence during the bird breeding season (i.e., between February 1 and August 31),
a preconstruction survey shall be conducted by a qualified biologist no more than two
weeks prior to the initiation of work. The preconstruction survey shall include the
project footprint and up to a 300-foot buffer, access and sight-lines permitting. If no
active nests of migratory birds are found, work may proceed without restriction and
no further measures are necessary. If work is delayed more than two weeks, the
preconstruction survey shall be repeated, if determined necessary by the project
biologist.
d. If active nests (i.e. nests with eggs or young birds present, or hosting an actively
breeding adult pair) of special-status or migratory birds are detected, the project
biologist shall designate non-disturbance buffers at a distance sufficient to minimize
disturbance based on the nest location, topography, cover, species, and the
type/duration of potential disturbance. No work shall occur within the non-
disturbance buffers until the young have fledged, as determined by a qualified
biologist. The appropriate buffer size shall be determined in cooperation with the
CDFW and/or the USFWS. If, despite the establishment of a non-disturbance buffer
it is determined that project activities are resulting in nest disturbance, work shall
cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
9
e. If project activities must occur within the non-disturbance buffer, a qualified biologist
shall monitor the nest(s) to document that no take of the nest (i.e., nest failure) will
result. If it is determined that project activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
26. MITIGATION MEASURE 4.3-3, PROTECTION OF ROOSTING BATS: In order to
avoid impacts to special-status bat species during project implementation, the measures
outlined below shall be implemented. With the incorporation of the following measures,
significant impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright
Way, a qualified bat biologist shall assess them for the potential to support roosting
bats. Suitable bat roosting sites include trees with snags, rotten stumps, and decadent
trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint
seams and other openings to interior spaces. If there is no evidence of occupation by
bats, work may proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
eviction (see “c” below) of bats roosting within structures during seasonal periods of
peak activity (e.g., February 15 - April 15, and August 15 - October 30), partial
dismantling of structures to induce abandonment, or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
If non-breeding/migratory bats are identified on the site within a tree or building
that is proposed for removal, then bats shall be passively excluded from the tree or
10
building. This is generally accomplished by opening up the roost area to allow
airflow through the cavity/crevice, or installing one-way doors. The bat biologist
shall confirm that the bats have been excluded from the tree or building before it
can be removed.
If a maternity roost of a special-status bat species is detected, an appropriate non-
disturbance buffer zone shall be established around the roost tree or building site,
in consultation with the CDFW. Maternity roost sites may be demolished only
when it has been determined by a qualified bat biologist that the nu rsery site is not
occupied. Demolition of maternity roost sites may not be performed during
seasonal periods of peak activity (e.g., February 15 - April 15, and August 15 -
October 30).
No additional mitigation for the loss of roosting bat habitat is required.
27. MITIGATION MEASURE 4.3-6, CREEK PROTECTION: The following measures from
the Town’s adopted “Guidelines and Standards for Land Use Near Streams” would
ensure that site construction and operation would not result in indirect adverse effects on
the riparian and aquatic habitats or Los Gatos Creek:
Measures to be Implemented During Project Construction
a. Project construction activities shall be restricted to daylight hours; nighttime work
shall not be permitted.
b. Use of elevated flood lights shall not be permitted; any exterior lighting shall be
directed inward and shall not cause the illumination of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
11
d. The Town of Los Gatos routinely requires implementation of protective measures for
all projects adjacent to stream courses. For all work adjacent to stream channels, best
management practices (BMPs) shall be implemented to prevent bank erosion,
sedimentation, release of contaminants, and accidental incursion by construction
equipment below the tops of bank. Such measures may include installation of silt
fencing, hay bales, straw wattles or other protective devices to prevent the downslope
migration of silt or sediment from the construction site.
Measures to be Implemented During Project Operation
e. Post-construction BMPs incorporated into the project’s drainage plan shall comply
with Provision C.3.c of the Municipal Regional Stormwater Permit (see Impact 4.5-5
in Section 4.3, Hydrology and Water Quality, for more discussion) to ensure that no
significant adverse effects on water quality of Los Gatos Creek or the adjacent
riparian habitat would result.
f. Exterior lighting shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food containers by
employees outdoors in areas accessible to wildlife.
h. Free-roaming domestic pets (e.g., cats, off-leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
j. All storm water treatment facilities must be in accordance with local and regional
water quality standards to ensure there is no release of cont aminants into the aquatic
environment.
12
28. MITIGATION MEASURE 4.4-3a, FILL REMOVAL: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall require the
removal of existing fill materials within proposed building excavations to a lateral
distance of at least 5 feet beyond the building footprint or to a lateral distance equal to the
fill depth below the perimeter footing, whichever is greater. Reuse of the fill materials
shall only be allowed if they meet the requirements for engineered fill specified in the
geotechnical report for the project. Materials such as debris, wood, and trash that do not
meet the requirements shall be screened out of the fill materials and removed from the
site. Fill materials shall be placed in lifts and compacted in accordance with the
compaction requirements specified in the geotechnical report.
While it is preferable to replace all existing fills with engineered fills, those fill materials
extending into planned pavement and flat work areas (e.g. pedestrian concrete and
pavers) may be left in place at the project sponsor’s option. However, the project sponsor
must determine that the fills are of low risk for future differential settlement and ensure
that the upper 12- to 18-inches of fill below the subgrade is re-worked and compacted in
accordance with the compaction requirements specified in the geotechnical report.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
29. MITIGATION MEASURE 4.4-3B, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geotechnical report, the project
sponsor shall ensure that existing utilities are completely removed from all building areas.
A utility may only be abandoned in place if it would not pose an unacceptable risk, and if
approved by the geotechnical engineer. If abandoned in place, the utility must be
13
completely backfilled with grout or sand-cement slurry and the ends outside of the
building area must be capped with concrete. Trench fills must also be removed and
replaced with engineered fill with the trench side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
30. MITIGATION MEASURE 4.4-3C, EXCAVATION SAFETY: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall ensure that
the below grade excavations within the upper five feet below the building subgrade are
sloped at 3:1 (vertical:horizontal) and that those deeper than five feet below the building
subgrade as well as those excavations in pavement and flatwork areas are sloped at a
maximum inclination of 1.5:1. Alternatively, temporary shoring may be used to support
the excavations. The design of the shoring shall be left to the construction contractor’s
judgment, but shall comply with the standards set forth in the geotechnical report for the
project. A California-licensed civil or structural engineer must design and be in charge of
the temporary shoring design.
The shoring shall support adjacent improvements such as utilities, pavements, and
buildings. A pre-condition survey shall be conducted including photographs and
installation of monitoring points for existing site improvements. All sensitive
improvements shall be located and monitored for horizontal and vertical deflections and
distress cracking based on the pre-construction survey. For multi-level excavations, the
installation of inclinometers at critical areas may be required for more detailed deflection
monitoring. The monitoring frequency shall be established and agreed to by the project
team prior to start of shoring construction.
14
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
31. MITIGATION MEASURE 4.4-3D, IMPLEMENT RECOMMENDATIONS OF
GEOTECHNICAL REPORT: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated updates or
revisions, related to review of plans and specifications for proposed buildings; demolition
observation and testing; construction observation and testing; site demolition, clearing,
and preparation; subgrade preparation; subgrade stabilization; material for fill;
compaction requirements; trench backfill; site drainage; foundations; concrete slabs and
pedestrian pavements; vehicular pavements; and retaining walls.
32. MITIGATION MEASURE 4.7-1, ADMINISTRATIVE CONTROLS: Prior to Grading
Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of
Los Gatos Public Works Department that the project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction
activities (including operation of haul and delivery trucks) shall occur between the
hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on
weekends and holidays. Additionally, pursuant to Municipal Code Section
16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los
Gatos Public Works Department, that construction noise shall not exceed 85 dBA
outside of the property line. This shall be accomplished through the use of properly
maintained mufflers and other state-required noise attenuation devices.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at
least 15 days prior to commencement of construction of each phase, regarding the
15
construction schedule of the proposed project. A sign, legible at a distance of 50 feet
shall also be posted at the project construction site. All notices and signs shall be
reviewed and approved by the Town of Los Gatos Public Works Department prior to
mailing or posting and shall indicate the dates and duration of construction activities,
as well as provide a contact name for the contractor’s Noise Disturbance Coordinator
and a telephone number where residents can contact that person about the
construction process and register complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public
Works Department, a qualified “Noise Disturbance Coordinator.” The Disturbance
Coordinator shall be responsible for responding to any local complaints about
construction noise. When a complaint is received, the Disturbance Coordinator shall
notify the Town within 24-hours of the complaint and determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement
reasonable measures to resolve the complaint, as deemed acceptable by the Public
Works Department.
d. Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, convalescent homes, etc.) to the extent feasible and shall be restricted to
collector streets in the project vicinity (i.e. Winchester Boulevard and Lark Avenue).
e. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
33. MITIGATION MEASURES 4.7-2, VIBRATION CONTROLS: To prevent cosmetic
damage to existing adjacent structures, the project contractor shall avoid use of large,
truck-mounted vibratory compactors within 15 feet of adjacent structures, and shall not
16
use any equipment that generates vibration levels that exceed 0.5 in/sec PPV, the
cosmetic damage threshold for transient vibration, when measured at the closest
residential structures.
34. MITIGATION MEASURE 4.8-1a, BAAQMD BASIC AND ADDITIONAL
CONSTRUCTION MITIGATION MEASURES: Prior to issuance of any Grading or
Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that
the Grading Plan, Building Plans, and specifications stipulate that the following basic and
enhanced construction mitigation measures shall be implemented as required by
BAAQMD Guidelines while project phases are under construction:
Water all active construction areas to maintain 12% soil moisture.
All grading shall be suspended when winds exceed 20 miles per hour.
All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
Hydroseed or apply non-toxic soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
Enclose, cover, water twice daily or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. Install sandbags or other
erosion control measures to prevent silt runoff to public roadways.
Wind breaks and perimeter sand bags shall be used to minimize erosion.
17
The amount of simultaneously disturbed surface shall be minimized as much as
possible.
Site access points from public roadways shall be paved or treated to prevent track-out.
Replace vegetation in disturbed areas as quickly as possible.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided
for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD’s phone number shall also be visible to
ensure compliance with applicable regulations.
35. MITIGATION MEASURE 4.8-1B, BAAQMD ARCHITECTURAL COATINGS: Prior
to issuance of any Building Permit, the Chief Building Official shall confirm that the
Building Plans and specifications include the following BAAQMD additional
construction mitigation measures (during the application of architectural coatings in
Years 3 and 4):
18
Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG])
coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3:
Architectural Coatings).
VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
36. MITIGATION MEASURE 4.8-1C, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine
grading) for construction Years 1 and 2 only in order to ensure NOX emissions would be
reduced to less-than-significant levels:
Phase 1 (Year 1): Trucks hauling soil during Phase 1, shall not exceed a vehicle
miles traveled (VMT) per day during mass grading of 1,653 miles.
Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not exceed 545 miles (NOX mitigation is not
necessary in Year 3).
Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD policy, these travel distance limits are daily averages for a 7-day week.
VMT’s shall be logged weekly and supplied to the Town Engineer and the Chief
Building Official on a monthly basis. These limitations shall be stipulated in construction
bids, plans, and specifications.
37. MITIGATION MEASURE 4.9-1, GHG REDUCTION MEASURES: Prior to the
issuance of building permits, the applicant shall demonstrate the incorporation of a
combination (one or more) of sustainable project design features that would meet the EIR
significance threshold of 4.6 MT CO2e/sp/year. The applicant’s current proposal is to
implement the GHG mitigation measures identified in Table 4.9-2 of this EIR, which
would achieve the reductions necessary to achieve the 4.6 MT CO2e/sp/year threshold.
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Those measures shall be carried out, except that, at the applicant’s election and subject to
approval by the Community Development Director, the applicant may substitute
alternative measures of equivalent effectiveness to one or more of the measures identifi ed
in Table 4.9-2. In the event that the BAAQMD has assigned percent reductions for such
alternative measures, such reductions shall be considered by Town Staff in determining
whether such measures truly are equivalent in their effectiveness to those identified in
Table 4.9-2. The following menu of measures provides examples of potential alternatives
to the measures already accounted for in Table 4.9-2:
Include solar photovoltaic or other technology to generate electricity on-site to reduce
consumption from the electrical grid.
Implement an employee telecommuting program.
Implement an on-site carpool matching program for employees.
100% Increase in Diversity of Land Uses (provide on-site employee amenities).
Increase Energy Efficiency Beyond Title 24.
Work with the Bay Area Air Quality Management District (BAAQMD) to implement
acceptable off-site mitigation. This would involve an agreement with the BAAQMD
and payment of fees or the purchase of carbon credits. The BAAQMD would commit
to reducing the type and amount of emissions identified in the agreement.
38. MITIGATION MEASURE 4.10-2, HAZARDOUS BUILDING MATERIALS
SURVEYS AND ABATEMENT: Prior to demolition of each building, the project
applicant shall incorporate into contract specifications the requirement that the
contractor(s) have a hazardous building materials survey completed by a Registered
Environmental Assessor or a registered engineer. This survey shall be completed prior to
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any demolition activities associated with the project. If any friable asbesto s-containing
materials or lead-containing materials are identified, adequate abatement practices, such
as containment and/or removal, shall be implemented in accordance with applicable laws
prior to demolition. Specifically, asbestos abatement shall be conducted in accordance
with Section 19827.5 of the California Health and Safety Code, as implemented by the
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented
by Cal/OSHA. Lead-based paint abatement shall be conducted in accordance with
Cal/OSHA’s Lead in Construction Standard.
Any PCB-containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DEHP shall also be removed and legally disposed of
in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22
CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11
for DEHP.
39. MITIGATION MEASURE 4.10-3A, UPDATE ENVIRONMENTAL DATABASE
REVIEW: The project applicant shall retain a qualified professional to update the
environmental database review performed as part of the Phase 1 Environmental Site
Assessment no more than three months prior to the start of any construction activities that
would involve disturbance of greater than 50 cubic yards of soil. The qualified
professional shall prepare a report summarizing the results of the environmental database
review that assesses the potential for any identified chemical release sites to affect soil
quality at the proposed project site and identifies appropriate soil analysis to evaluate the
potential for soil contamination at the proposed project site, if needed. In response, the
project applicant shall implement the recommended soil analyses, if any.
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40. MITIGATION MEASURE 4.10-3B, CONTINGENCY PLAN: The project applicant
shall require the construction contractor(s) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the Santa Clara
County Department of Environmental Health in accordance with the Voluntary Cleanup
Program in the event that previously unidentified hazardous materials are encountered
during construction. If previously unidentified soil contamination is identified, per the
contingency plan, the contractor(s) shall be required to modify their health and safety
plan to include the new data, conduct sampling to assess the chemicals present, and
identify appropriate disposal methods. Evidence of potential contamination includes soil
discoloration, suspicious odors, the presence of underground storage tanks, or the
presence of buried building materials.
41. MITIGATION MEASURE 4.11-2A, ARCHAEOLOGICAL MONITOR: A qualified
archaeologist shall be retained to monitor the site clearing and grading operations in those
areas where buildings will be removed and/or new construction will occur. The
archaeologist shall be present on-site to observe site clearing at a representative sample of
building removal areas until he/she is satisfied that there is no longer a potential for
finding buried resources. In the event that any potentially significant archaeological
resources (i.e., potential historical resources or unique archaeological resources) are
discovered, the project archaeologist shall stop work inside a zone designated by him/her
where additional archaeological resources could be found. A plan for the evaluation of
the resource shall be submitted to the Community Development Director for approval.
Evaluation normally takes the form of limited hand excavation and analysis of materials
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and information removed to determine if the resource is eligible for inclusion on the
California Register of Historic Resources (CRHR).
42. MITIGATION MEASURE 4.11-2B, IDENTIFICATION OF ELIGIBLE RESOURCES:
If an eligible resource (i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be submitted to the
Community Development Department for approval before any additional construction
related earthmoving can occur inside the zone designated as archaeologically sensitive.
Whether the proposed plan is feasible shall be determined by the Community
Development Department after consideration of the viability of avoidance in light of
project design and logistics. In lieu of avoidance, mitigation could include additional
hand excavation to record and remove for analysis significant archaeological materials,
combined with additional archaeological monitoring of soils inside the archaeologically
sensitive zone.
43. MITIGATION MEASURE 4.11-2C, DISCOVERY OF HUMAN REMAINS: Required
monitoring will also serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the responsibility
of the project archaeologist to contact the County Coroner’s Office and the Native
American Heritage Commission (NAHC). The NAHC is responsible for naming a Most
Likely Descendant (MLD) who shall represent tribal interests in regards to human
remains and associated grave goods. The MLD shall make recommendations to the
Community Development Director regarding the method for exposure and removal of
human burials and associated grave goods, and shall advise the Community Development
Director regarding the place and method of reburial of these materials.
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44. MITIGATION MEASURE 4.11-3, HALT CONSTRUCTION AND EVALUATE
RESOURCE: Prior to the commencement of construction activities, the project applicant
shall provide for a qualified paleontologist to provide construction personnel with
training on procedures to be followed in the event that a fossil site or fossil occurrence is
encountered during construction. The training shall include instructions on identification
techniques and how to further avoid disturbing the fossils until a paleontological
specialist can assess the site. An informational package shall be provided for
construction personnel not present at the meeting.
In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or
micro-fossil) is found during construction, excavation within 50 feet of the find shall be
temporarily halted or diverted until the discovery is evaluated. Upon discovery, the
Community Development Director shall be notified immediately and a qualified
paleontologist shall be retained to document and assess the discovery in accordance with
Society of Vertebrate Paleontology’s 2010 Standard Procedures for the Assessment and
Mitigation of Adverse Impacts to Paleontological Resources, and determine procedures
to be followed before construction is allowed to resume at the location of the find. If the
Community Development Director determines that avoidance is not feasible, the
paleontologist will prepare an excavation plan for mitigating the project’s impact on this
resource, including preparation, identification, cataloging, and curation of any salvaged
specimens.
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Building Division
45. PERMITS REQUIRED: A separate building permit shall be required for the
demolition(s) of existing buildings and each new office/commercial building and the
parking garage structure. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
46. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the second sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
47. SIZE OF PLANS: Four sets of construction plans, size 30” x 42” maximum.
48. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street
names and/or building addresses/suite numbers to the Building Division prior to
submitting for the building permit application process.
49. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics.
50. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition
Applications and Bay Area Air Quality Management District Applications from the
Building Department Service Counter. Once the Demolition Forms have been
completed, all signatures obtained, and written verification from PG&E that all utilities
have been disconnected, return the completed Forms to the Building Department Service
Counter with the Air District’s J# Certificate(s), PG&E verification, and three (3) sets of
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Site Plans showing all existing structures, existing utility service lines such as water,
sewer, and PG&E. No demolition work shall be done without first obtaining a Permit
from the Town.
51. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four (4) feet in depth or which remove lateral support from any existing building,
adjacent property or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal/OSHA regulations.
52. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and that the building pad elevations and on-site retaining wall
locations and elevations have been prepared according to the approved plans. Horizontal
and vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
53. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue-lined (sticky-backed) onto a sheet of the plans.
54. BACKWATER VALVE: The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
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installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12-inches above the elevation of the next upstream manhole.
55. FIRE ZONE: This project will require Class A Roof Assemblies.
56. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out, signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgatosca.gov/building
57. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second or third page. The
specification sheet is available at the Building Division Service Counter for a fee of $2 or
at San Jose Blue Print for a fee.
58. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on
the final construction drawings) must be blue-lined in full onto the Plans. In the event
that this data differs significantly from any Planning approvals, the Town may require
recertification of the project’s storm water treatment facilities prior to release of the
Building Permit.
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59. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance
with the Nonresidential Mandatory Measures of the 2010 California Green Building
Standards Code and all subsequent Amendments.
60. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site
shall be provided from public transportation stops, accessible parking and accessible
passenger loading zones and public streets or sidewalks to the accessible building
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall connect
all accessible buildings, facilities, elements and spaces that are on the same site. If access
is provided for pedestrians from a pedestrian tunnel or elevated walkway, entrances to the
buildings from each tunnel or walkway must be accessible.
61. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where
parking is provided for the public as clients, guests or employees, shall provide handicap
accessible parking. Accessible parking spaces serving a particular building shall be
located on the shortest accessible route of travel from adjacent parking to an accessible
entrance. In buildings with multiple accessible entrances with adjacent parking,
accessible parking spaces shall be dispersed and located closest to the accessible
entrances.
62. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Joel Paulson (408) 354-6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
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d. West Valley Sanitation District: (408) 378-2407
e. Bay Area Air Quality Management District: (415) 771-6000
Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
63. GENERAL: All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. 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 the developer's expense.
64. GRADING PERMIT: A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
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table of existing and proposed impervious areas. Unless specifically allowed by the
Parks and Public Works Director, the grading permit will be issued concurrently with the
building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department at 110 E. Main Street is
needed for grading within the building footprint.
65. GRADING PERMIT PHASING: Phased grading permits may be allowed if approved by
the Town Attorney and the Parks and Public Works Director. Phasing may relate to
development phases or to multiple grading permits within a development phase, such as
early release of a grading permit prior to release of the building permit, or for utility
relocation. Bonding of early grading improvements may be required.
66. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
67. TENTATIVE MAP: A tentative map is required, either one tentative map for the
proposed project or more than one tentative map, depending on phasing, prior to
submittal for one or more final or parcel maps. Phased subdivision maps shall be
permitted.
68. SUBDIVISION MAP: A final or parcel map shall be recorded. Two copies of the final /
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. Tentative Map planning applications shall be approved for each development
phase before a parcel or final map for that phase is recorded.
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69. RIGHT OF WAY VACATION: The Albright Way and Albright Court right of ways
shall be vacated prior to or concurrently with the first subdivision map. Street vacation or
issuance of an encroachment permit shall occur prior to issuance of permits allowing
private work to commence in street right of way areas.
70. PUBLIC EASEMENT ABANDONMENT: The initial public easements to be abandoned
shall occur prior to or simultaneously with the street vacation or issuance of an
encroachment permit. Subsequent public easement abandonments may be approved by
the Director of Parks and Public Works.
71. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
72. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress-egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter
Oaks, through the project site, to Winchester Blvd. sufficient to meet the Fire
Department’s requirements. No private vehicle access will be permitted between
Charter Oaks to the project site utilizing this Easement.
73. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided for
each building stating that the building foundation was constructed in accordance with the
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approved plans shall be provided subsequent to foundation construction and prior to
construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
74. DESIGN CHANGES: The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as-built" drawings.
75. AS-BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as -built"
plans shall again be signed and "wet-stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court,
Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours,
Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as
the Town’s survey control network and shall be submitted in AutoCAD version 2000 or
higher.
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76. FINISHED FLOOR ELEVATIONS: Finished floor elevations for all new inhabitable
buildings shall be higher than the 100-year water surface elevations identified on Flood
Insurance Rate Maps current at the time of building permit issuance.
77. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
78. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
79. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
80. THIRD PARTY INSPECTOR FEES: The applicant shall pay for the inspection of public
street lighting and traffic signal related work. Inspections shall be performed by the
Town’s street lighting and traffic signal contractor. An initial deposit of $5,000 shall be
made to the Town prior to issuance of an encroachment or public improvement permit.
Inspection will be on a cost recovery basis and additional inspection fees may be
required.
81. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant’s soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
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construction observation and testing should be documented in an “as-built” letter/report
prepared by the applicants’ soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
82. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved
prior to issuance of any permit for each development phase, subject to the discretion of
the Town Engineer.
83. STORMWATER MANAGEMENT PLAN: A storm water management plan shall be
included with each phased grading permit application for all Group 1 and Group 2
projects as defined in the amended provisions C.3 of the amended Santa Clara County
NPDES Permit. The plan shall delineate source control measures and BMP’s together
with the sizing calculations. The plan shall be certified by a professional pre-qualified by
the Town. In the event that storm water measures proposed for the A&S approval differ
significantly from those certified on the Building/Grading Permit, the Town may require
a modification of the A&S approval prior to release of the Building Permit. The applicant
may elect to have the A&S submittal certified to avoid this possibility.
84. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner or
Owner’s Association, as appropriate, shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this project by
Town’s Stormwater Discharge Permit and all current amendments or modifications. The
agreement will specify that certain routine maintenance, including catch basin cleaning
and pavement sweeping, shall be performed by the property owner or owner’s
association, as applicable, and will specify device maintenance reporting requirements.
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The agreement will also specify routine inspection requirements, permits and payment of
fees. The agreement shall be recorded prior to release of any occupancy permits.
85. SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled/signed
with appropriate “NO DUMPING - Flows to Bay” NPDES required language.
86. NPDES 1: On-site drainage systems for all projects shall conform to the requirements of
the Municipal Regional NPDES Permit that is current at the time of A&S approval for
each development phase. Each development phase must provide, at a minimum, sufficient
improvements to treat all development within that phase. Deferral of treatment to future
phases will not be allowed.
87. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans
shall be submitted to Community Development for review and approval to insure that
beneficial landscaping has been incorporated into the design to minimize irrigation runoff
and use of pesticides and fertilizers.
88. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant
capacity fees for a project phase shall be paid either immediately prior to the recordati on
of any subdivision map for that phase, or immediately prior to the issuance of a sewer
connection permit, which ever event occurs first. Written confirmation of payment of
these fees shall be provided prior to recordation of each map or issuance of a building
permit.
89. 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.
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90. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater valve,
as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 o f
the Town Code and maintain such device in a functional operating condition. Evidence of
West Valley Sanitation District’s decision on whether a backwater device is needed shall
be provided prior to issuance of a building permit.
91. TRASH ENCLOSURES: Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system. No trash enclosure shall be placed between a
building and a residential area.
92. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
93. UTILITIES: All new utilities shall be placed underground.
94. ABOVE GROUND UTILITIES: The applicant shall submit a 75-percent progress print
to the Town for review of above ground utilities including backflow prevention devices,
fire department connections, gas and water meters, off-street valve boxes, hydrants, site
lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above
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ground utilities shall be reviewed and approved by the Community Development Director
prior to issuance of any permit for each development phase.
95. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and
phasing plans shall be included in the grading permit application package.
96. PHOTOMETRICS: Site lighting photometrics shall be provided with each Architecture
and Site application.
97. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of each subdivision map.
98. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
Town prior to recordation of each map. The joint trench plans shall include street and/or
site lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will be by Rule LS2A, and that private lights shall be metered
with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated
on the plans.
99. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3-inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5-inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
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d. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend 5-feet beyond the longitudinal limits of
trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
100. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to
the project's 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 application 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 addition of 300,000 square-feet of
Office Park (ITE Code 750) is $192,960. 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 use.
101. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
102. LARK/UNIVERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay $228,639.11 to reimburse the Town for
their fair share contribution towards the construction of a traffic signal at the intersection
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of University Avenue and Lark Avenue. The contribution is based on 52-percent of the
total construction and design cost of $397,550.63.
103. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
104. TRAFFIC SIGNAL: A new intersection aligned with the existing Courtside driveway on
Winchester Boulevard, and conversion of the existing Albright Way intersection to right-
turn in and out shall be provided with the Phase 1 development. A full traffic signal,
signal interconnection and timing shall be provided prior to issuance of the first
certificate of occupancy.
105. TRAFFIC SIGNAL TIMING AND SYNCHRONIZATION: The applicant shall provide
a proposal from a licensed traffic engineer containing a scope of work for developing a
method of interconnection, coordination, and timing of the traffic signals along
Winchester from the new project signal to Winchester/Wimbledon to Lark/Winchester
and on to Lark/University. New conduit is required in locations where street widening is
proposed. The proposal and method of signal coordination shall be reviewed and
approved by Town Engineer. Signal coordination shall be in place prior to occupancy of
Phase 1 building, and re-timed again once each building has reached a significant level of
occupancy. A bond for the signal coordination up to two times subsequent to the initial
work performed prior to occupancy shall be posted with the Town prior to issuance of
each certificate of occupancy.
106. TRAFFIC CIRCULATION STUDIES: As part of each grading permit application, the
developer shall submit design-level circulation plans to address onsite circulation and
project entry points from Winchester Boulevard at each development phase. The plans
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will identify the configuration of on-site circulation facilities and project entry points
from Winchester Boulevard as needed to support each development phase.
107. TRAFFIC IMPROVEMENTS: The following traffic improvements shall be constructed
prior to issuance of the first certificate of occupancy:
a. New Project Entry. The applicant shall construct a new four-way signalized
intersection to align with the existing Courtside driveway approximately 200-feet
south of Albright Way. The design shall include, at a minimum, an additional right
turn lane entering the project site, additional Class II bike lane on east side of
Winchester Boulevard along entire project frontage, and two left-turn lanes exiting
the project site. The southbound left turn pock shall be formed using a raised median.
The raised median shall extend north to physically restrict southbound left and U-
turns at Albright Way. The northbound left turn pocket to the Courtside Club shall be
extended to 175-feet (7 car queue) as recommended in the traffic impact analysis.
Handicap ramps, pedestrian crossings, signing, striping and parking shall be provided
in general conformance with the approved PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island (“pork chop”) to
restrict vehicular movement to right-in right-out only with turn restriction signage.
c. Frontage Improvements. Paint pole and install LED light fixtures for all existing
street lights at the project frontage.
d. Class II Bike Lanes. Class II bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Turn Lanes. Winchester Boulevard shall be widened to provide
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dedicated right turn lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if
determined to be required by the Director of Parks and Public Works.
f. Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtside entrance and Lark Avenue to provide a dedicated southbound left-turn lane
to eastbound Lark Avenue.
108. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project’s
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting (upgrade and/or repaint) etc.
109. BUS PAD: Prior to issuance of the first certificate of occupancy, the developer shall
provide a bus pad on northbound Winchester Boulevard north of Albright Way. The pad
shall meet the following VTA specifications:
a. Handicap access ramps and sidewalk from Albright Way to the bus pad;
b. 10’ x 55’ concrete bus pad constructed to VTA specifications;
c. Minimum 8’ x 40’concrete sidewalk adjacent to the bus stop area;
d. Solar bus stop light mounted on VTA bus stop pole with ADA compliant activation
button;
e. Trees and landscaping should be placed outside the bus stop area to accommodate
passenger/pedestrian movement and provide clearance for vehicles.
110. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the
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issuance of a building permit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
111. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. A slurry seal shall be provided across the full lane width in
areas of trenching, lane widening, median modification or construction, and where
striping has been ground off. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
112. PUBLIC AND PRIVATE IMPROVEMENT SECURITY: The applicant shall supply
suitable securities for all public improvements, and private circulation and drainage
infrastructure improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit for each development phase. Applicant shall provide two (2)
copies of documents verifying the cost of the applicable improvements to the sati sfaction
of the Engineering Division of the Parks and Public Works Department.
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113. RETAINING WALLS: A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
114. SOILS REPORT: One copy of the soils report shall be submitted with each grading
permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design and erosion
control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code. Each
report shall be peer reviewed by Town Consultants prior to submittal for permits.
115. SOIL EXPORT: The total soil export volume (sum of all development phases) from the
site shall not exceed 22,200 cubic yards. The contractor’s project engineer shall send
daily trucking reports to the Engineering inspector during the export operation of each
development phase. Project impacts were evaluated based on the following earthwork
breakdown: Phase 1) 33,000 CY cut to fill, 8,700 CY export; Phase 2) 4,500 CY cut to
fill, 10,000 CY export; and Phase 3) 3,000 CY cut to fill, 3,500 CY export.
116. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). No more than 10 trucks per hour will be allowed. Prior to the issuance of a
building permit, the developer shall work with the Town Building and Engineering
Department Engineering Inspectors to devise a traffic control plan to ensure safe and
efficient traffic flow under periods when soil is hauled on or off the project site. This
may include, but is not limited to provisions for the developer/owner to place
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construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris or require all trucks to maintain at least two feet of freeboard.
117. SOILS REVIEW: Prior to issuance of each grading permit, the applicant’s soils engineer
shall review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant’s soils engineer’s
approval shall then be conveyed to the Town either by letter or by signing the plans.
118. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit.
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119. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall--top of wall elevations and locations
b. Toe and top of cut and fill slopes
120. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35-mm or digital video camera. The survey shall
extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester
to the Campbell City limits. In addition, a pavement deflection analysis conforming to the
same limits as the photographic survey shall be performed to determine pavement
strength. The results shall be documented in a report and submitted to the Town for
review.
121. POSTCONSTRUCTION PAVEMENT SURVEY: The project Applicant shall complete
a post construction pavement condition survey and pavement deflection analysis to
determine whether road damage occurred as a result of project construction and whether
there were changes in pavement strength. Rehabilitation improvements required to
restore the pavement to pre-construction condition and strength shall be determined using
State of California procedures for deflection analysis. The results shall be documented in
a report and submitted to the Town for review and approval. The Applicant shall be
responsible for completing any required road repairs prior to release of a certificate of
occupancy.
122. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior
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to issuance of any grading permit.
123. DEMOLITION: Any existing structures that would straddle a future property line shall
be demolished prior to recordation of the final or parcel map for the applicable phase.
124. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on -site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late-afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 20 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
125. DUST CONTROL (SITES > 4 ACRES): The following measures should be implemented
at construction sites greater than four acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
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b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
126. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor
and property owner to make sure that all dirt tracked into the public right-of-way is
cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL
NOT be washed into the Town’s storm drains.
127. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
128. SIDEWALK REPAIR: The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
129. CURB AND GUTTER: The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Details. The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
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construction phase of the project.
130. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
131. PRIVATE STREETS: All streets within the development shall be private.
132. CONSTRUCTION NOISE 1: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays;
and 9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair
activities shall be allowed. No individual piece of equipment shall produce a noise level
exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty-
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
133. CONSTRUCTION NOISE 2: The Director Of Parks and Public Works may allow earlier
start times than specified by Town code if it determined that the work will not cause
undue nuisance to adjacent residential neighborhoods. In the event that noise complaints
are received, the Town code construction hours will be implemented.
134. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub-contractors have read and
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understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
135. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
136. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
137. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
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area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
138. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
139. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
140. CC&R’s: A copy of the CC&R’s shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation.
141. FENCING 1: A fence shall be provided along the project frontage to the rail right of way
as shown in the A&S plan set. The fence shall be complete prior to issuance of the first
certificate of occupancy.
142. FENCING 2: A 6-foot masonry fence shall be provided between commercial and
residential zones as required by Town Code.
143. ALTERNATIVE TRANSIT: The project shall encourage alternative transportation
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modes (carpooling and bicycling) by providing reserved parking for carpools/vanpools,
showers/changing areas for employees, and bicycle parking.
144. BICYCLE PARKING: Bicycle parking shall be provided at a ratio of one bike space to
twenty vehicle parking spaces. Three quarters (75%) of the bike spaces shall be Cl I and
the remaining quarter (25%) shall be Cl II spaces as defined by VTA. The spaces shall be
provided by phase in accordance with the vehicle spaces required for that phase.
145. SCVWD APPROVAL: The following Santa Clara Valley Water District approvals shall
be obtained prior to issuance of building permits:
a. Any work east of the project’s east boundary requires an encroachment permit from
the District.
b. Any proposed trail access points must be open to the general public and not be
exclusive to site occupants. New trail connections and trail amenities require District
permits. The District discourages the proliferation of “midblock” access points.
c. Planting of replacement trees on SCVWD property to mitigate on site tree removals is
not permitted.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
146. Review of this development proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
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147. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum clear
width of fire department access roads shall be 20 feet. Aerial fire access roads:
Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway. Aerial fire apparatus access roads shall have a minimum unobstructed
width of 26 feet in the immediate vicinity of any building or portion of building more
than 30 feet in height. Proximity to building: At least one of the required access routes
meeting these conditions shall be located within a minimum of 15 feet and a maximum
of 30 feet from the building and shall be positioned parallel to one entire side of the
building, as approved by the fire code official. CFC Sec. 503 See Pages C -1, C-2.1 and
C-2.2.
148. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fire
apparatus access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds or as otherwise determined by the fire code official.
Minimum clear height: Vertical clearance over required vehicular access roads and
driveways shall be 13 feet 6 inches. Grade: Maximum grade shall not exceed 15%.
Turn Radius (circulating): The minimum outside turning radius is 42 feet for required
access roadways. Greater radius up to 60 feet may be required where the fire
department determines that ladder truck access is required. Circulating refers to travel
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along a roadway without dead ends. Turning Radius (Cul-de-sacs): The minimum
outside turning radius is 36 feet. Use of cul-de-sacs is not acceptable where it is
determined by the fire department that ladder truck access is required, unless greater
turning radius is provided. CFC Sec. 503 See pages C-1, C-2.1 and C-2.2.
149. EMERGENCY RESPONDER RADIO COVERAGE: Buildings and structures that
cannot support the required level of radio coverage shall be equipped with a radiating
cable system, a distributed antenna system with FCC certified signal boosters or other
system approved by the fire code official in order to achieve the required adequate radio
coverage. CFCJ103.1.1.
150. FIRE SPRINKLERS WHERE REQUIRED: An approved automatic fire sprinkler
system shall be provide throughout all new buildings and structures. Where the
provisions of this code require that a building or portion thereof be equipped throughout
with an approved fire sprinkler system in accordance with this section, the sprinklers
shall be installed throughout in accordance with NFPA 13 except as provided in Section
903.3.1.1.1 and local standards. Note: The new owner(s), occupant(s) and any
contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor
of record in order to determine if any modification or upgrade of the existing water
service is required. A State of California licensed (C-16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate fees to
this department for review and approval prior to beginning their work. CFC Sections
903.2.1 through 903.2.18 as adopted and amended by LGTC.
151. POTABLE WATER: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
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contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirements of that purveyor. Such requirements shall
be incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements
of the water purveyor of record are documented by hat purveyor as having been met by
the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
152. HOSE VALVES/STANDPIPES REQUIRED: Buildings shall be equipped with
standpipes designed per NFPA Std. #14, as amended in Chapter 47, and be equipped
with 2-1/2” hose valves, at location designated by the fire department. Hose
valves/standpipes shall be installed as per the 2010 CFC Sec. 905, or where emergency
access has been deemed minimal, shall be equipped standpipes designed per NFPA Std.
#14, as amended in Chapter 47, and be equipped with 2-1/2” hose valves, located within
the stair enclosure(s). Note specifically, within parking structure(s) @ stairwells and on
podium within courtyard area. 2010 CFC Sec. 905.
153. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent public
streets at location(s) to be determined by the fire department. Maximum hydrant
spacing shall be 500 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi,
residual pressure. Prior to design, the project civil engineer shall meet with the fire
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department water supply officer to jointly spot the required fire hydrant locations. 2010
CFC Sec. 507, Appendix B and C and Tables B106 and C105.1.
154. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the
project. Markings shall be per fire department specifications. Installations shall
conform to Local Government Standards and Fire Department Standard Detail and
Specifications A-6. 2010 CFC Sec. 503.3.
155. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. 2010 CFC Sec. 501.
156. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior
to the start of combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on
a case by case basis. 2010 CFC Sec. 501.
157. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background. CFC
Sec. 505.
158. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply with
standard specification SI-7 for construction site safety.
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159. FIRE HYDRANT LOCATION IDENTIFIER: Prior to project final inspection, the
general contractor shall ensure that an approved (“Blue Dot”) fire hydrant location
identifier has been laced in the roadway, as directed by the fire department,
160. TRAFFIC SIGNAL PREMPTION: Both new and existing traffic signals on Winchester
Boulevard and Lark Avenue must be equipped with signal preemption control devices.
Contact this office to determine which intersections must be so equipped.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on _____________, 2013, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on ________,
2013 and becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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