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DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
JUNE 11, 2008
MAYOR AND TOWN COUNCIL
ORRY P. KORB, TOWN ATTORNEY
MEETING DATE: 06-16-2008
AGENDA ITEM:
9
ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION AND APPROVING APPLICATIONS TO
DEMOLISH A SINGLE FAMILY RESIDENCE BUILT PRIOR TO 1941, AND
A 3,250 SQUARE-FOOT OFFICE BUILDING, MERGE TWO EXISTING
PARCELS AND CONSTRUCT A NEW 15,510 SQUARE-FOOT OFFICE
BUILDING ON PROPERTY ZONED O,
RECOMMENDATION:
Adopt resolution granting an appeal and approving an application to demolish a single family
residence and an existing office building, merge two parcels and construct a new office building
on property zoned O.
DISCUSSION:
On June 2, 2008, Council approved an appeal of a decision of the Planning Commission decision
to deny the applications to demolish a single family residence and an existing office building,
merge two parcels and construct a new office building on property zoned O. Said applications
were approved by Council. The attached resolution finalizes that decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN ATTORNEOK LMMvp [NAATYaeporWRepnr1 15720 and 15736 Winchester Blvd.wpol
Reviewed by: Town Manager Assistant Town Manager Clerk
_ Finance Community Development
Rev: 6/12/08 4:27 pm
Reformatted: 7119199 Filed 301-05
RESOLUTION
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
AND APPROVING APPLICATIONS TO DEMOLISH A SINGLE FAMILY RESIDENCE
BUILT PRIOR TO 1941, AND A 3,250 SQUARE-FOOT OFFICE BUILDING, MERGE TWO
EXISTING PARCELS AND CONSTRUCT A NEW 15,510 SQUARE-FOOT OFFICE
BUILDING ON PROPERTY ZONED O.
APN: 424-27-011 AND 051
ARCHITECTURE AND SITE APPLICATION: S-07-34
SUBDIVISION APPLICATION: M-07-13
PROPERTY LOCATION: 15720 AND 15736 WINCHESTER BOULEVARD
PROPERTY OWNER/APPELLANT. MARTIN DERMER
APPLICANT: JOHN LIEN
WHEREAS:
A. This matter came before the Town Council for public hearing on June 2, 2008, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence frorn the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet of
material contained in the Council Agenda Report dated May 28, 2008, and all additional materials
contained in the Council Agenda Report dated June 2, 2008.
C. The appeal seeks review of a Planning Commission decision to deny a request to
demolish a single family residence built prior to 1941 and a 3,250 square-foot office building, merge
two existing parcels and construct a new 15,510 square-foot office building on property zoned O.
The project site currently consists of two parcels located at 15720 and 15736 Winchester Blvd. The
property at 15720 Winchester Blvd, is developed with a 3,250 square foot office building and 15736
Winchester Blvd. is developed with a 1,066 square foot home, a 575 square foot garage, and a 630
square foot shed. Beginning along the Winchester Blvd. frontage, the parcels slope downward
towards the rear of the parcels. The project site is located between a two-story office building and a
single-story home. The applicant proposes to demolish the existing structures on both properties and
construct a new 15,510 square foot office building. The proposed office will range from two to three
stories and range in height from approximately 30 feet along Winchester Blvd. to 35 feet along the
side and rear of the building. The building style is Mediterranean, with plaster walls that will be
painted white with a tile roof. Parking is provided in the back portion of the site with 32 spaces
located within the proposed parking garage and 34 spaces in the surface parking lot.
D. The request to demolish the pre-1941 home was considered and approval was
recommended by the Historic Preservation Committee on June 20, 2007. The Committee found that
the structure is not historically significant, the building is not associated with any events that have
made a significant contribution to the Town, no significant persons are associated with the site, the
structure is not architecturally significant, nor does it demonstrate distinctive characteristics, the
building is a deteriorated condition and the residence is out of place in a nonresidential
neighborhood.
E. The project was considered by the Conceptual Development Advisory Committee on
January 20, 2007. The Committee expressed concerns that the three-story appearance of the
proposed building was too large and out of context with the area and that the design should have
more of a residential feel to respect the residential character of the area. The Committee also
suggested that the project be broken up into smaller components, and designed with multiple, smaller
structures.
F. The application was considered and denied by the Planning Commission on
March 26, 2008. The Commission indicated a concern that the project was too large for the area,
that story poles were required but had not been installed, and that the application's offer for
community benefit was insufficient to offset the potential impacts of the project.
G. The appellant claims that new information has been submitted to Council during the
appeal process that was not readily available for submission to the Commission.
H. Council finds as follows:
Pursuant to Town Code section 29.20.300, new information was presented
that was not readily or reasonably available for submission to the Planning Commission at the time
the application was denied; to wit, story poles were erected after the hearing before the Planning
Commission providing an additional visual perspective on the project, and the applicant has clarified
that the project includes a community benefit of $50,000 to be used at the Town's discretion for
public infrastructure improvements, including sidewalks. Council further finds pursuant to
subsection (c) of section 29.20.300 that this application need not be remanded to the Planning
Commission because the new information does not concern a material change to the project and,
consequently, has a minimal effect on the application.
ii. Pursuant to Town Code section 29.10.09030(e) regarding demolition of a
single-family residence, there is no evidence in the record that dilapidated residence proposed for
demolition is necessary to the maintenance of the Town's housing stock; the structure is not
architecturally or historically significant, as determined by the Historic Preservation Committee; the
owner plainly has not desire or capacity to maintain the structure, which is out of context with the
current zoning and surrounding commercial uses; and, the structure lacks economic utility because it
is dilapidated and out of context with surrounding commercial uses,
iii. The project will not have a significant impact on the environment and the
recommended Mitigated Negative Declaration is hereby made.
iv. Pursuant to the Town's Traffic Policy, the project demonstrates a community
benefit as demonstrated by the applicant's offer of $50,000 towards public infrastructure
improvements, such as sidewalks. Council also notes that the application will result in a significant
visual and economic improvement to the subject parcels which are currently occupied by a
dilapidated residential structure that is inconsistent with the current zoning and surrounding
commercial uses.
V. The project is consistent with the General Plan as evidenced by the Council
Agenda Report dated May 28, 2008, demonstrating, among other things, that the project would result
in a new commercial office use project in an area zoned O.
RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
demolish a single family residence built prior to 1941 and a 3,250 square-foot office building, merge
two existing parcels and construct a new 15,510 square-foot office building on property zoned O is
granted.
2. The conditions of approval attached hereto as Exhibit A and incorporated herein by
this reference are hereby approved for this project.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of June 2008, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4
CITY COUNCIL - JUNE 2, 2008
CONDITIONS OF APPROVAL
15720 and 15736 Winchester Boulevard
Architecture and Site Applications S-07-34
Subdivision Application M-07-13
Requesting approval to demolish a single family residence built prior to 1941, a 3,250 square-
foot office building, merge two existing parcels and construct a new 15,510 square-foot office
building on property zoned O. APN 424-27-011 and 051
PROPERTY OWNER: Martin Dermer
APPLICANT: John Lien
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
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 noted as
received by the Town on January 14, 2008. Any changes or modifications to the
approved plans shall be approved by the Community Development Director or the
Planning Commission depending on the scope of the change(s). Substantive
modifications to the plans may be approved by the Town Council when awarding the
construction contract for the project.
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.
3. EXPIRATION OF APPROVAL: The Architecture and Site application (S-07-34) will
expire two years from the date of the approval pursuant to Section 29.20.335 of the Town
Code, unless the approval is used prior to expiration.
4. COMMUNITY BENEFIT. The applicant has agreed to provide $50,000 to be used for
infrastructure improvements, such as sidewalks, in the vicinity of the project. The
applicant shall pay $50,000 to the Town of Los Gatos prior to issuance of any building
permits for the project.
5. MEDICAL OFFICE USE. A maximum of eleven medical professionals shall be allowed
in the building (one per medical office suite) upon confirmation that the amount of off-
street parking for all building uses complies with Section 29.10.150 of the Los Gatos
Parking Code.
6. DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder's Office that states the
restrictions on medical office use.
7. BUILDING COLOR: The color of the building shall be modified to be a more muted
tone. The color shall be approved by the Director of Community Development prior to
the issuance of building permits.
8. OUTDOOR LIGHTING. Building exterior, parking lot and landscape lighting shall be
down directed fixtures that will not reflect or encroach onto adjacent properties. The
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -2-
final lighting plan shall be reviewed during building plan check. Any changes to the
approved lighting plan shall be approved prior to installation.
9. SIGNS. Signs shall be in compliance with the Town's Commercial Design Guidelines
and shall be sympathetic to the building architecture, to the satisfaction of the Director of
Community Development.
10. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees to be
removed, prior to the issuance of the demolition permit.
11. OAK TREES NOS. 12, 30 AND 31. The Coast Live Oak Trees, identified as tree nos.
12, 30 and 31 as identified in the Arbor Resources report (June 18, 2007) shall be
retained in their present location or be transplanted to a new location on the project site.
Relocation of the trees shall be performed according to the recommendations contained in
the Arbor Resources report.
12. TREE SECURITY GUARANTEE. Prior to the issuance of any permit allowing
construction to begin, the applicant shall post cash, bond or other security satisfactory to
the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required
to be preserved, or twenty-five thousand dollars ($25,000.00), whichever is less. The
cash, bond or other security shall be retained for a period of one (1) year following
acceptance of the public improvements for the development and shall be forfeited in an
amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event
that a tree or trees required to be preserved are removed, destroyed or severely damaged.
13. REPLACEMENT TREES. Replacement trees shall be planted for trees being removed.
The number and size of new trees shall be determined using the canopy replacement table
in the Town's Tree Protection Ordinance. Required trees shall be planted prior to final
inspection.
14. TREE STAKING. All newly planted trees shall be double-staked using rubber tree ties.
15. TREE PRESERVATION. All recommendations made by Arbor Resources (June 18,
2007) shall be implemented to eliminate or minimize the construction-related impacts on
the trees to be retained. Recommendations are listed under Section 5.0,
Recommendations, of the arborist's report. These include Design Guidelines, addressing
tree location mapping, protective fencing, building setback, trenching, drainage facilities,
and installation of new trees (including installation of three new trees of 24-inch box
size). The report also provides Protection Measures before and during construction,
encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc.
16. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases
of construction. Fencing shall be six foot high cyclone 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. GENERAL. All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan and must remain on the site.
18. CULTURAL RESOURCES MITIGATION MEASURE-1. In the event that
archaeological traces are encountered, all construction within a 50-meter radius of the
find shall be halted, the Community Development Director shall be notified, and an
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -3-
archaeologist shall be retained to examine the find and make appropriate
recommendations.
19. CULTURAL RESOURCES MITIGATION MEASURE-2. If human remains are
discovered, the Santa Clara County Coroner shall be notified. The Coroner shall
determine whether or not the remains are Native American. If the Coroner determines
that the remains are not subject to his authority, he shall notify the Native American
Heritage Commission, who shall attempt to identify descendants of the deceased Native
Americans.
20. CULTURAL RESOURCES MITIGATION MEASURE-3. If the Community
Development Director finds that the archaeological find is not a significant resource,
work shall resume only after the submittal of a preliminary archaeological report and
after provisions for reburial and ongoing monitoring are accepted. Provisions for
identifying descendants of a deceased Native American and for reburial shall follow the
protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a
significant archaeological site, a mitigation program shall be prepared and submitted to
the Community Development Director for consideration and approval, in conformance
with the protocol set forth in Public Resources Code Section 21483.2.
21. CULTURAL RESOURCES MITIGATION MEASURE-4. A final report shall be
prepared when a find is determined to be a significant archaeological site, and/or when
Native American remains are found on the site. The final report shall include background
information on the completed work, a description and list of identified resources, the
disposition and curation of these resources, any testing, other recovered information, and
conclusions.
22. HAZARDOUS MATERIALS MITIGATION MEASURE-1. A state certified lead-based
paint professional shall be retained to perform a lead-based paint survey of the existing
structures and the recommendations of the professional shall be followed for abatement
of any identified lead-based paint prior to demolition of the structures.
23. HAZARDOUS MATERIALS MITIGATION MEASURE-2. As part of inspections for
asbestos and lead-based paints on the project site, all structures and uses on the site shall
also be inspected for the presence of hazardous materials. The identified hazardous
materials being stored on the site shall be legally disposed of in accordance with local,
county, and state regulations.
24. NOISE MITIGATION MEASURE-1. The northern fagade of the proposed office
building shall be enclosed as early in the construction process as possible to minimize
impacts on the existing residence to the north. Proposed fencing along the northern
property boundary shall be constructed prior to construction of the proposed building to
minimize construction-related noise impacts.
25. NOISE MITIGATION MEASURE-2. Impact tools (e.g., jack hammers, pavement
breakers, and rock drills) used on the northern parcel of the project site shall be
hydraulically or electrically powered wherever possible to avoid noise associated with
compressed air exhaust from pneumatically-powered tools. However, where use of
pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air
exhaust shall be used; this muffler could lower noise levels from the exhaust by up to
about 10 dBA. External jackets on the tools themselves shall be used where feasible, and
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -4-
this could achieve a reduction of 5 dBA. Quieter procedures such as drilling rather than
impact equipment shall be used whenever feasible.
26. NOISE MITIGATION MEASURE-3. Stationary noise sources shall be located as far
from the existing adjacent residence to the north as possible. If such noise sources must
be located near this residence, they shall be adequately muffled and enclosed within
temporary sheds.
Building Division
27. PERMITS REQUIRED: A building permit shall be required for the demolition of the
existing single family residence and office building and the construction of the new shell
building. Separate permits are required for electrical, mechanical, and plumbing work as
necessary.
28. CONDITIIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the cover 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.
29. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36
30. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the Building
Department Service Counter. Once the demolition form has been completed, all
signatures obtained, and written verification from PG&E that all utilities have been
disconnected, return the completed from to the Building Department Service Counter
with the I'# Certificate, PG&E verification, and three (3) sets of site plans to include 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.
31. STREET NUMBERS: Submit requests for new street numbers and suite numbers to the
Building Division prior to submitting for the building permit application process.
32. 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. ALTERNATE: Design the foundation for an
allowable soils 1,000 psf design pressure. (Uniform Building Code Volume 2 - Section
1805)
33. 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.
34. 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, the building pad elevation, on-site retaining wall
locations and elevations are prepared according to approved plans, Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -5-
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
34. 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.
35. TITLE 24 - COMMERCIAL: The building shall be constructed to comply with the latest
California Title 24 Accessibility Standards.
36. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
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.l osgatosca.gov/buil ding
37. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 2406) shall be part of the plan submittal as the second 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.
38. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
39. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division: Curtis Banks at 354-6879
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. 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.
f. Bay Area Air Quality Management District: (415) 771-6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
40. TRAFFIC MITIGATION MEASURE. The southbound left-turn access into the project
shall be improved by striping a southbound left-turn only lane for a minimum of 75 feet.
In addition, all necessary signal head installations/modifications to provide a southbound
left-turn protective phase, intersection improvements and relevant signal timing changes
are required.
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -6-
41. REIMBURSEMENT. The developer shall reimburse the Town for their share of the
traffic signal constructed at Dave's Avenue in 2003 in accordance with Section 23.50.025
of the Town Code. The $30,000 amount is based on the Town signalizing the private
driveway leg of the intersection and providing 185 linear feet of curb, and 825 square feet
of sidewalk, and associated signal improvements. The reimbursement shall be paid prior
to issuance of a building permit.
42. DRIVEWAY SLOPE. The first 25-feet of driveway measured from the back of sidewalk
on Winchester Blvd., shall be constructed at a 4-percent maximum slope. The building
and grading permit drawings shall reflect these criteria.
43. 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
Director of Parks and Public Works, 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 on E. Main Street is needed
for grading within the building footprint.
44. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
45. 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
46. 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.
47. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided 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.
48. 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;
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -7-
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.
49. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining wails. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
50. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, and 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.
51. SOILS REVIEW. Prior to issuance of any 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.
52. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded.
Two copies of the legal description for exterior boundary of the merged parcel and a plat
map (8-%2 in. X 11 in.) shall be submitted to the Engineering Division of the Parks &
Public Works Department for review and approval. The submittal shall include closure
calculations, title reports less than 90 days old and the appropriate fee. The certificate
shall be recorded before any permits may be issued.
53. DEDICATIONS. The following shall be dedicated on the final parcel map by separate
instrument. The dedication shall be recorded before any permits are issued.
a. Winchester Blvd. A 47-foot half street width along the entire Winchester Blvd.
frontage.
b. Public Service Easement (PSE). Ten (10) feet wide, next to the Winchester Blvd.
right-of-way.
54. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Remove the existing driveway apron at 15720 Winchester and replace with Town
standard curb, gutter and sidewalk. Modify the existing driveway apron as required to
accommodate the new driveway. The centerline of the new driveway shall be aligned
with the centerline of Dave's Avenue. The new driveway shall be a minimum of 25-
feet wide.
b. Relocate the existing bus stop from 15796 Winchester Blvd. to the existing duckout
on the project frontage. Provide signage and a bus pad in accordance with VTA
standards and recommendations.
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application 5-07-34
Page -8-
c. Replace the two existing speed feedback signs with new signs as selected by Town.
d. Modify the Dave's Avenue traffic signal as required by Town. The modification shall
include, at a minimum, changing out the signal pole/arm to allow addition of a left-
turn signal head (southbound direction), installing pedestrian signals to match the new
driveway location, moving 1-13 signal pole out of the proposed driveway location,
installing a new 1B pole to match the proposed driveway, modifying the controller
cabinet as needed, removing two existing detection cameras, installing two new
detection cameras at locations determined by staff, replacing the existing video
detection processor, replacing existing batteries for the signal's battery backup
system.
e. Remove and replace safety lights with LED lights per Town direction. Modify the
traffic signal electrical service cabinet as needed.
f. Install and modify signs and pavement markings as directed by Town.
55. 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 the preliminary plans is $13,495.
The final fee shall be calculated from the final plans using the rate schedule in effect at
the time of the building permit application, using a trip generation rate based on general
office use. The fee listed is based upon demolition of 3,255 SF of general office and one
single family residence, and construction of 15,510 square feet of office. The new use
generates 125 new daily trips, 18 new AM peak hour trips, and 17 new PM peak hour
trips.
56. 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.
57. 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.
58. 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.
59. 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 (NOT) and Storm Water Pollution Prevention Plan (SWPPP) shall be
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Architectural and Site Application S-07-34
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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 Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit.
60. 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 25 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
61. 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.
62. 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).
63. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
64. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
65. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3.d. of Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source
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Architectural and Site Application 5-07-34
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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 on the Planning approval differ significantly from those certified on
the Building/Grading Permit, the Town may require a modification of the Planning
approval prior to release of the Building Permit. The applicant may elect to have the
Planning submittal certified to avoid this possibility.
66. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner 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 No.
CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that
certain routine maintenance shall be performed by the property owner 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.
67. STORMWATER DETENTION. Detention facilities and supporting calculations shall be
provided to insure that post development runoff rates equal pre-development values for
the 10-year storm.
68. EMERGENCY BACKUP POWER. An emergency backup power generator shall be
provided to supply power to storm drainage and sanitary sewer pump systems.
69. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
and home 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.
70. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress
printing 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 Director of Community
Development prior to issuance of any permit. The Director of CDD may require the
transformer to be placed underground.
71. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
72. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). All new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
73. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
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24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify
existing conditions.
74. 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. An inspection made at the time the planning application was filed
showed a minimum of 68 square feet of sidewalk currently in need of repair. The limits
of sidewalk repair will be determined by the Engineering Construction Inspector during
the construction phase of the project.
75. 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.
76. DRIVEWAY APPROACH. The developer shall install one commercial driveway
approach. The new driveway approach shall be constructed per Town Standard Details.
77. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. 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: SWRAMING-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.
78. 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.
79. 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 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.
80. 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
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -12-
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.
81. 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.
82. 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.), and may be farther restricted during periods when school is in session. 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. Cover all
trucks hauling soil, sand, and other loose debris or require all tracks to maintain at least
two feet of freeboard.
83. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
84. REQUIRED FIRE FLOW: The fire flow for this project is 4,000 gpm at 20 psi residual
pressure. As an automatic fire sprinkler will be installed, the fire flow has been reduced
by 75% establishing a required adjusted fire flow of 1,500 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are not spaced at the required spacing.
85. REQURED PUBLIC FIRE HYDRANT: Provide one public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company.
Maximum hydrant spacing shall be 250 feet, with a maximum single hydrant flow of
1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on civil
drawings including with the building permit submittal. The new hydrant shall be located
on the east side of Winchester Boulevard in front of the property.
86. AUTOMATIC FIRE SPINKLER SYSTEM REQUIRED: Buildings requiring a fire flow
in excess of 2,000 GPM or all new Buildings located within the hazardous fire area, shall
be protected throughout by an approved, automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard #13. A State of
California licensed 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.
Conditions of Approval
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Architectural and Site Application S-07-34
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87. PREMISES IDENTIFICATION: Approved numbers or address 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.
88. FIRE DEPARTMENT KEY BOX REQUIRED: The building shall be equipped with a
permanently installed emergency access key lock box (Knox), conforming to Fire
Department Standard Detail and Specification sheet K-1. At the time of final inspection,
access keys shall be provided to the fire department.
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