2002-129-Appeals For The Planning Commission Approving The Demolition Of 3 Single Family Residences And To Construct A Mixed Use Office Apartment Building On 404 University AvenueRESOLUTION 2002 -129
RESOLUTION CONCERNING APPEALS OF A DECISION OF THE PLANNING
COMMISSION APPROVING THE DEMOLITION OF THREE SINGLE FAMILY
RESIDENCES .AND TO CONSTRUCT A MIXED 'USE OFFICE/APARTMENT BUILDING
WITH AN ALTERNATING USE OF PARKING ON .PROPERTIES ZONED O.
ARCHITECTURE AND SITE APPLICATION: 5-01-63
CONDITIONAL USE PERMIT: U-O1-14
NEGATIVE DECLARATION: ND-Ol-12
PROPERTY LOCATIONS: 404 UNIVERSITY AVENUE
92 AND 96 LOS GATOS-SARATOGA ROAD
.PROPERTY OWNER: MARIE PETERSON./ CM-ONE, LLC
APPLICANT: JOHN LIEN
APPELLANTS.: JOHN LIEN AND GEOFF LAMB
WHEREAS:
A. This matter came before Council for public hearing on July 1, 2002 on two appeals,
one filed by the applicant, John Lien ("Lien"), and the other filed by Geoff Lamb ("Lamb"),both from
a decision of the Planning Commission, and was regularlynoticed in conformance with state and Town
law.
B. Council received testimony and documentary evidence from the appellants 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 .June 27, 2002 and Desk Item dated July 1,
.2002, along with subsequent reports and materials prepared concerning this application.
C. Bythe application, Lien seeks Architecture and Site approval to demolish three single
family residences and to construct an 11,118 square foot mixed use, office/apartment building with
underground parking. The building will contain office space on the first floor and six .apartments on
the second floor. The Conditional Use Permit is required for the .apartments and a Conditional Use
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Permit is also required for the .alternating use of parking. The total required parking for the site is 39
spaces of which 15 are required for the apartments and 24 for the office space.
D. On May 8, 2002, the Planning Commission approved the applications, with conditions
that modified the project by .eliminating one market rate two bedroom apartment and .also requiring
that one other apartment unit be a below market price ("BMP") unit, ratherthan allowing the applicant
to pay an in-lieu fee.
E. The Town received two appeals:
{ 1) From Lien, who opposes the revised Conditions of Approval and believes that the
Planning Commission erred or abused its discretion and erroneously failed to consider facts in
evidence..
{2) From Lamb, who opposes the project and claims that the Planning Commission
erred or abused its discretion in approving the project which Lamb maintains is too intense a land use,
is too large and massive, is not designed in harmony with the neighborhood, does not provide adequate
off street parking, that will cause traffic impacts, and that lacks a meaningful community benefit.
F. Council finds as follows:
(1) Pursuant to Town Code section 29.10.150(e) for approving alternating use of
parking that: (a) according to the testimony of the .applicant there are plans for overflow parking at
the parking lot on Highway 9 between University Avenue and North Santa Cruz Avenue; and (b) the
parking for the apartment spaces will be available after 5 :00 pm on weekdays and all day on weekends.
The combination of alternating on site parking and the availability of overflow parking will ensure that
the proj ect has adequate parking. The alternating use of parking will not create a paring impact in that
the applicant has agreed to provide written agreements between the users of the building. The
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agreements et forth the terms and conditions of the :shared parking arrangement and will include the
statement of the condition of approval requiring that the alternating use of parking be reviewed by the
Planning Commission within six months of final occupancy to ensure there are no impacts.
(2) Pursuant to Town Code section 29.10.09030(e) for approving the demolition of
the three single .family residences, (a) the Town's housing stock will be increased from three to six
units, (b) none of the buildings are historically or architecturally significant, {c) the property owner has
no desire to maintain the .structures and, (d) a structural report has been provided to justify that there
is no economic utility of the buildings.
(3) Pursuant to Town Code section 29.20.190 for approving ConditionalUsePermits,
that the (a) proposed uses of the property are essential or desirable to the public convenience; {b) that
the proposed use would not 'be detrimental to public health, safety or general welfare; and (c) the
proposed uses of the property is in harmony with the various elements or objectives of the general plan
and downtown specific plan and the purposes of the Town Code. These conclusions are based on the
fact that the project will enhance the entry to the central business district .from Hwy 9, establish a
strong boundary between the central business district and the adjacent .residential neighborhoods
consistent with general plan policies, is consistent with the commercial uses on Hwy. 9 and with
general plan policies promoting mixeduse projects to :increase residential opportunities in commercial
zones, will not, according to the traffic generation ..analysis, cause a significant increase in traffic
volume, will improve and consolidate three exiting parcels that are currently underdeveloped with
structures that are in poor condition and are used in a manner inconsistent with the goals of the zoning
code .and general plan, displays excellence in design, will provide underground parking which will
reduce the visual impact of the design, will contribute to the inventory of market rate rental housing,
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and will contribute funds to the Town BMP program for the development .and maintenance of
affordable housing.
{3) Pursuant. to Town Code section 29.20.300, that the Planning Commission erred
in approving the project with the conditions reducing the number of units and requiring the
development of the BMP unit rather than the payment of the in lieu fee, but did not otherwise err in
approving the project, the design of which would be compatible with the existing neighborhood and
will not, according to evidence in the record, result in the negative impacts envisioned by project
opponents.
(4) .Pursuant to the Town's Traffic Policy and Infill Policy for community benefits,
that a strong community benefit is found in that {a) the development will merge three lots that .have
been difficult to develop individually and will clean up the sites which have been a source of numerous
code violations, {b) the proposed development has been designed to be pedestrian friendly and will
provide a gateway to the Town coming off of Highway 17, and (c) the applicant will contribute funds
for traffic improvements which will benefit the neighborhood.
(5) As required by Section IV.B of the Redevelopment Plan for the Central Los Gatos
Redevelopment Project the proposed development meets the uses permitted in the Town's General
Plan.
RESOLVED.:
i . The appeal of appellant Geoff Lamb from the decision of the Planning Commission on
Architecture and Site Application 5-01-63 is denied. The appeal of appellant John Lien, from the
decision of the Planning Commission on Architecture and Site Application 5-01-63 is granted and the
prior approval of the Commission is modified to allow six (6) residential units and also as provided
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in the revised Conditions of Approval, attached hereto as Exhibit A, which are hereby applied to this
application.
2. 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 theprocedures 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 15t" day of July, 2002. by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: .Sandy Decker
ABSTAIN: None
SIGNED:
MAYOR O HE TOWN LOS GATOS
LOS GATOS, CALIFO IA
ATTEST: ~-
CLERK OF THE TOWN OF LOS G OS
LOS GATOS, CALIFORNIA
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CONDITIONS OF APPROVAL
404 University Avenue and 92 and 96 Los Gatos-Saratoga Road
a. Architecture and Site Application 5-01-63
b. Conditional Use Permit U-01-i4
c. Negative Declaration ND-O1-12
Requesting approval to demolish three single family residences and to construct a mixed use
office/apartment building. with an .alternating use of parking on properties zoned O. No
significant environmental impacts have been identified as a .result of this project and a
Mitigated Negative Declaration is recommended.
PROPERTY OWNER: Marie Peterson/CM-One, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT.:
(Planning Section)
1. APPROVAL. This application shall be completed in accordance with all ofthe conditions
of :approval listed below .and in substantial compliance with the plans approved and noted
as Exhibit K in the report to the Planning Commission. Any other changes or modifications
made to the approved plans shall be approved by the Director of Community Development.
or the Planning Commission, depending on the scope of the change(s),
2. EXPIRATION. The approval will expire two years .from the date of approval unless the
approval is used before expiration. Section29.20.335de6nes what constitutes the use of an
approval granted under the Zoning Ordinance.
3. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a.Building, Grading or Encroachment Permit.
4. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted. to the Town prior to the Town's demolition inspection.
S. MASONRY WALL. The wood .fence along the northern property line shall be changed to
a masonry wall. This wall shall be clad on the adjacent property owners side with wood if
requested by the adjacent property owner prior to final occupancy.
6. *EXISTING FENCE. The existing fence along the northern project boundary shall be
maintained during .construction to minimize construction noise levels for the residences to
the north.
7. *BIOLOGICAL RESOURCES. Prior to issuance of a building permit, the Town's
consulting arborist shall evaluate the proposed project for direct and indirect effects of
proposed construction (including foundation and building construction as well as potential
changes in drainage) on the 60 inch oak tree to the north and the 14 inch oak located just
north of the northernproj ect boundary at the developer's expense. The arborist hall provide
detailed measures to protect trees during construction ofthe proposed building, particularly
during project grading activities, Such measures .may include a delineation of a Tree
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Protection Zone for the two oaks and the two other oaks to be preserved, and avoiding
placement ofutlities aswell asdisposal/storage ofexcess soil, chemicals, debris, equipment,
or other materials within this zone. The arborist shall also provide recommendations for the
oak tree proposed for relocation to ensure long-term viability of this oak.
8. **PARKING. The parking for the apartment spaces shall be available after 5:00 PM on
weekdays and all day on the weekends. These hours shall be included in the rental
agreements for the apartments and office spaces. The Director of Community Development
and the Town Attorney shall review and approve the rental agreements that will enforce the
proposed alternating parking and how it works prior to final occupancy.
9. * *BELOW MARKET PRICEPROGRAM. Prior to the :issuance of a building permit, the
developer shall designate one of the apartment units as aBMP unit or indicate in wrtingthat
they will be paying the required in-lieu fee established by Town Council Resolution. If the
developer decides to provide a BMP unit, the developer must meet with the Director of
Community Services prior to issuance of a building permit to initiate the process. If the
developer decides to pay the in-lieu fee, the fee must be paid prior to final occupancy of the
first apartment unit.
10. * * SIX :MONTH REVIEW. The Conditional Use Permit shall be .reviewed by the Planning
Commission six months after final occupancy of the entire building at a public hearing, to
ensure that the alternating parking is not impacting the adjacent neighborhood. If parking
overflow impacts the adjacent neighborhood then employees of the office building maybe
required to park in the Town parking lot on Hwy 9 between University Avenue and North
Santa Cruz Avenue.
(Building Section)
11. *CULTURAL RESOURCES. In the event archaeological traces are encountered, all
construction within a 30-.foot radius of the find shall be .halted, the Director of Community
Development shall be notified and an archaeologistshall beretained to examine the find and
make appropriate recommendations. If human remains are discovered, the Santa Clara
County Coroner shall immediately be notified. The Coroner would determine whether or not
the remains were Native American. If the Coroner determines that the remains are not
subject to his or her authority, the Coroner shal'1 .notify the Native American Heritage
Commission, who would attempt to identify descendants of the deceased Native American.
If the Director of Community Development finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provision for reburial and ongoing monitoring are accepted..
Provisions for identifying descendants of a deceased Native American and for reburial will
followthe protocol set forth in Appendix K ofthe CEQA Guidelines. Ifthe site is found to
be a significant archaeological site, a mitigation program must be prepared and submitted to
the Director of Community Development .for consideration and approval, in conformance
with the protocol .set forth in Appendix K of the CEQA Guidelines. A final report shall be
prepared at the applicant's cost when a find is determined to be a significant archaeological
site and/or when Native American remains are found on the site. The final report shall
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include background information on the completed work, a description and list of identified
resources, the disposition and curation of these resources, any testing, other recovered
information, and conclusions.
12. * CONSTRUCTION NOISE. Stationary noise resources shall be located as far from sensitive
receptors as possible (primarily away from the northern project boundary). If they must be
located near existing receptors, they shall be adequately muffled, enclosed within temporary
sheds, and comply with noise limits specified in the Town Noise Ordinance.
13. '*ACOUSTICAL CONSULTANT. Prior to .issuance of a building permit, a qualified
.acoustical consultant shall determine noise levels based on on-..site .measurements and
recommend design measures to achieve 45-dBA :interior noise level in proj ect residences at
the applicant's expense. In addition, recommendations shall be made as necessaryto ensure
that noise levels on residential balconies are maintained at 60 dBA (CNEL or Ldn) and 60
dBA (CNEL or Ldn) at all balconies (usable outdoor spaces) associated with project
.residences. The usable outdoor spaces must :also be designed to meet the Department of
Transportation noise requirements to not .exceed 65 dBA (Leq) hourly.
14. PERMITS REQUIRED: A separate building permit application shall be required for the
demolition of each house, the proposed structure and parking lot.. Separate
Electrical/Mechanical/Plumbing permits shall be required as necessary.
15. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
.sheet of the construction plan submitted for building permit.
16. SIZE OF PLANS.: The maximum size of construction plans submitted for building permits
hall be 24 in. X 36 in.
17. PLANS: The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer, (Business and Professionals Code Section 553.8) andshall
include:
a. A complete allowable analysis UBC Table 5-B.
b. A completed project analysis (Sheet A-1).
c. Loading zone for handicap parking shall be on the passenger side.
18. DEMOLITION PERMIT REQUIREMENTS: Contact Bay Area Air Quality Management
District (4.15-771-6000) .and complete their process as necessary before obtaining a building.
permit for :demolition of such work from the Town Building Department. As part of the
permit application process two site plans shall be provided to include all- existing structures,
existing utility service lines such as water, sewer, P.G. & E. No demolition work shall be
done without first obtaining a demolition permit. from the Town..
19. *LEAD BASEDPAINT. Construction finish materials that are suspect for containing lead-
based paint shall be tested and pending laboratory analysis, will not be subjected to any
process which renders them friable unless proper engineering controls and worker protection
procedures are initiated.
20. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and 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.
21. .SOIL TESTING: The ..soils .report shall include testing for aerially deposited lead (ADL).
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22. FOUNDATION INSPECTIONS: A pad .certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as specified
in the soils report and the building pad elevation and on-site regaining wall locations and
elevations are prepared according to approved plans. Horizontal and vertical controls shall
beset and certified by alicensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. .Foundation corner locations
23. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: Theapartrnentsshall be designed
with adaptability features for single family residence per Town Resolution 1994-61:
a. Wooden backing (no smaller than 2 inches x 8 inches) shall be provided in all bathroom
walls, at water closets, showers .and bathtubs, located at 34 inches from the floor to the
center of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32 inches wide on accessible floor.
_ c. Primary entrance shall have a 36-inch wide door including a 5-foot x 5-foot level landing,
no more than 1-inch out of plane with the immediate interior floor .level, with an 18-inch
clearance.
24. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R.
25. TOWN FIREPLACE STANDARDS: New fireplaces shall be .EPA Phase II approved
appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
26. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to .issuance of the building permits, in accordance
with UBC Section 106.3.5. Please obtain Town.Special Inspection form from the Building
Division Service Counter. The Town Special Inspection schedule shall beblue-lined onthe
construction plans.
27. TITLE 24 ACCESSIBILITY- COMMERCIAL: On-site general path of travel shall comply
with the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to .accessibility entrances .from parking and sidewalks.
28. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall be designed to comply
with the latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design architect then confirmed by Town staff.
29. TITLE 24 ACCESSIBILITY - COMMERCIAL: On-site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
30. APPROVALS REQUIRED: The project requires the .following agencies approval before
issuing a building permit:
a. West Valley Sanitation District: (408) .378-2407
b. Santa Clara County Fire .Department: (408) 378-4010
c. Los Gatos School District: 395-5570
d. Campbell Union School District: 378-3405
Note.: Obtain The school district form from the Town Building Service Counter after the
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22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as specified
in the soils report and the building pad elevation and on-site regaining wall locations and
elevations are prepared according to approved plans. Horizontal and vertical controls shall
beset and certified by a licensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
23. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The apartments shall be designed
with adaptability features for single family .residence per Town Resolution 1.994-61:
a. Wooden backing {no smaller than 2 inches x 8 inches) .shall be provided in all bathroom
walls, at water closets, showers and bathtubs, located at 34 inches from the floor to the
center of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32 inches wide on accessible floor.
c. Primary entrance shall have a 36-inch wide door including a 5-foot x 5-foot level landing,
no more than 1-inch out of plane with the immediate interior floor level, with an 18-inch
clearance.
24. TITLE 24 .ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R
and MF-1 R.
25. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II .approved
appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
26. SPECIAL INSPECTIONS: When aspecial inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in accordance
with UBC Section 106.3..5. Please obtain Town Special Inspection form from the Building
.Division Service Counter. The Town Special Inspection schedule shall beblue-.lined on the
construction plans.
27. TITLE 24 ACCESSIBILITY- COMMERCIAL: On-site generalpath oftravel shall comply
with the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility entrances from parking and sidewalks.
28. TITLE 24 .ACCESSIBILITY -COMMERCIAL: The building shall be designed to comply
with the latest California'Title 24 .Accessibility Standards. Necessary work shall be first
investigated by the design architect then confirmed by Town staff.
29. TITLE 24 ACCESSIBILITY - COMMERCIAL: On-site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
30. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. West Valley Sanitation District: (408) 3'78-2407
b. Santa Clara County Fire Department: {408) 378-4010
c. .Los Gatos School District: 395-5570
d. Campbell Union School District: 378-3405
.Note: Obtain The school .district form from the Town Building :Service Counter after the
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Building Division plan check has been completed.
31. NON-POINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Non-Point Source Pollution Control Program specification shall be part of the plan
submittal. The specification sheet is available at the Building Division Service Counter.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
32. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded. Two
copies of the .legal description for each new lot configuration, a plot map (8-'/2 in. X 11 in.)
and two copies of the legal description of the land to be exchanged shall be submittedto the
Engineering Division of the Parks & Public Works Department for review and approval. The
submittal shall include closure calculations, title reports less than 90 days old and the
appropriate fee. The certificate shall be recorded before any permits may be issued.
33. DEDICATIONS.. The following shall be dedicated by separate .instrument. The dedication
shall be recorded before any permits are .issued.
a. Los Gatos-Saratoga Road. A 30-foot radius atthe intersection with University Avenue.
b. University .Avenue. A five (5) foot sidewalk easement with 25-foot radius.
34. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance of
the building permit.
35. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay
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 applications is made. The fee
shall be paid before the building permit is issued. The traffic impact mitigation fee for this
project, using the current fee schedule and the preliminary plans is $9,5.34.21. The final fee
shall be calculated from the final plans using the rate schedule in effect at the time of the
building permit application, using a trip generation rate based on General Office and
Apartment use.
36. TRAFFIC. The following shall be approved by the Town prior to the :issuance of a building
permit and completed prior to final occupancy:
a. Configure the driveway exit to .force right-turn only. Install right-turn only sign at the
exit.
*b. Paint "keep clear" on Wraight in front of the driveway.
*c. Paint a 2-lane approach on Wraight at SR 9, one left-turn only and one right-turn only..
d. Paint red curb adjacent to the driveway.
37. 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 adj acent public right-of--way shall be kept clear of all j ob
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 atthe 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
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the developer's expense.
3 8. 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. All work on Los Gatos-Saratoga Road (SR 9) shall require an encroachment permit
form the California Department of Transportation.
39. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to
on-site drainage facilities, grading or paving, and all work in the 'Town's right-of--way.
Failure to do so will :result in rejection ow work that went on without inspection.
40. NONPOINT SOURCE POLLUTION PREVENTION.. On-site drainage systems .shall
include a filtration device in the catch basins or a grease and oil separator shall be installed.
41. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.SO.OlS(b).
42. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired orreplaced shall be at the direction
of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled
Access provisions. Developer shall request awalk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
43. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town StandardDetail.
The limits ofsidewalkrepair will be determined bythe Engineering Construction Inspector
during the construction phase of the project.
44. 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 Detail . The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction phase
of the project.
45. DRIVEWAY APPROACH. The developer shall.install one (1) Town standard commercial
driveway approach. The new driveway approach shall be constructed per Town Standard
Detail.
46. CURB RAMPS. The developer shall construct two (2) curb ramps according to State
Standard Drawings at the crosswalk at Los Gatos-SaratogaRoad at University Avenue and
Los Gatos-Saratoga Road. at Wraight Street. The .actual "Case" as shown on the standard
to be used will be decided by the Engineering Construction Inspector during the
construction phase of the project.
47. AS-BUILT PLANS. After completion of the construction of all work in the public right-of-
way or public easements, the original plans shall have all changes (change orders and field
changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by
the civil engineer who prepared the plans, attesting to the changes. The original "as-built"
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plans shall be review and approved the Engineering Construction Inspector. A Mylar of the
approved "as-built" plans shall be provided to the Town before the Faithful Performance
Security is released.
48. SANITARY SEWER LATERAL. Sanitary sewer ,laterals .are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
49. *GEOTECHNICAL INVESTIGATION. Prior to issuance of a permit, a geotechnical
investigation shall be conducted for this proj echo determine the surface and subsurface soil
conditions at the site as well as to determine the potential for surface fault rupture on the site
atthe applicant's expense. The geotechnical study shall provide recommendations for site
.grading as well as the design of foundations, retaining walls, concrete slab-on-grade
construction, excavation, drainage, on-site utility trenching and pavement sections. The
project shall incorporate all recommendations of the investigation in order to minimize the
potential impacts resulting from regional seismic activity and subsurface soil conditions on
the site.
50. *TRAFFIC CONTROL PLAN. The project applicant shall develop a construction traffic
control plan to minimize the potential for parking and traffic safety and congestion
problems.
51. STREET IMPROVEMENTS. The property owner shall contribute up to $50,000 or half
of the cost of improvements up to $50,000 for the improvements at Highway 9 and
University Avenue and the improvements on Wraight Avenue prior to final occupancy. The
Wraight Avenue improvements will be determined during the Traffic Calming process.
52. WATER QUALITY. Ifany portion of the project is within the State Right-of-Way (ROW)
near SR 9, the project shall comply with .the California Department of Transportation
StatewideNPDES Permit Order #99-06-DWQ, CAS 000003 and a Water PollutiomControl
Program shall be developed and implemented during the construction activities with the
State ROW.
(Parks and Forestry'Section)
5.3. GENERAL. A11 existing trees to remain, to be relocated and all newly planted trees are
specific subjects of approval of this plan and must remain on site.
54. NEW TREES. The new trees to be planted shall bedouble-staked, using rubbertree ties and
shall be planted prior to occupancy.
55. PROTECTIVE FENCING. Prior to any construction or building permits being :issued, the
applicant shall meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. Such .fencing. is to be
installed :prior to, and be maintained during, construction. The fencing shall be a four foot
.high chain ink attached to steel poles driven two feet into the :ground when at the dripline
of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may
be used, as in a typical chain link fence that is xented.
56. IRRIGATION. All newly planted material shall beirrgated by an in-.ground system. Special
care shall be taken to avoid irrigation which will endanger existing native trees and
vegetation.
57. AERATION TUBES. Any .new impervious surface encroaching under the dripline of
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existing trees shall have aeration tubes installed.
58. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current
resolution shall be paid when the .landscape, irrigation plans and water calculations :are
submitted for review.
59. APPROVED LANDSCAPE PLAN. The approved landscape plan shall be Sheet L-1 of
Exhibit K. Tree screening along the boundaries may be modified to be of a variety agreeable
to the adjacentproperty owners, Director ofCommunityDevelopment, Director ofParks and
Public works, and the Town's consulting arborist.
TO THE SATISFACTION OF THE FIRE DEPARTMENT
60. REQUIRED FIRE FLOW. The required :fire flow for this project is 3,500 GPM at 20 psi
residual pressure. As an automatic fire sprinkler system will be installed, the required fire
flow has been reduced by 75% establishing an adjusted required fire flow of 1,500 GPM at
20 psi residual pressure..
61. FIRE HYDRANTS. The applicant maybe required to provide one public fire hydrant at a
ocation to be determined by the Fire Department and the :San Jose Water Company. The
hydrant shall have a minimum single flow of 1,500 GPM at 20 psi residual with spacing not
to exceed 250 feet. Prior to applying for a building permit, the applicant shall provide civil
drawings reflecting all fire hydrants serving the site.
62. TIMING OF WATER SUPPLY INSTALLATIONS. Installations of required fire services
.and fire hydrants shall be tested .and accepted by the Fire Department prior to the start of
framing or delivery of bulk combustible materials. Building permit issuance may be
withheld until required installations .are completed, tested and accepted.
'* Required as Mitigation Measures to make the Negative Declaration.
**Conditions for the Conditional Use Permit
C:\Documents and .Settings\MRasmuss\Local Settings\Temp\404Univ.COND.wpd
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