2011060610 - Attachment 05 - 16005 Los Gatos Boulevardvlp8 TOWN OF LOS GATOS
` PLANNING COMMISSION STAFF REPORT
Meeting Date: April 27, 2011
PREPARED BY: Heather Bradley, Contract Planner
hbradley@losgatosca.gov
APPLICATION NO.: Planned Development PD-07-145
Negative Declaration ND-07-148
ITEM NO: 1
DESK ITEM
LOCATION: 16005 Los Gatos Boulevard. (Located on the northwest corner of Los
Gatos Boulevard and Blossom Hill Road)
APPLICANT: Kenneth Rodrigues and Partners
PROPERTY OWNER: CHL Ventures, LP
APPLICATION
SUMMARY: Requesting approval to rezone the project site from CH to CH:PD to
demolish the existing auto dealership buildings, to construct a mixed -use
development consisting of retail and office commercial space,
townhomes, and single-family residences. No significant environmental
impacts have been identified as a result of this project and a Mitigated
Negative Declaration is recommended. APNs 529-16-025 & 053,
EXHIBITS: 16-27. Previously received (for April 27, 2011 meeting).
28, Revised Mitigation Monitoring Plan (7 pages)
29. Revised Trip Generation Table (1 page)
DISCUSSION:
As noted in the previous report on this matter, at the time the report was finalized for
distribution, the Town's Environmental Consultant was in the process of reviewing the recent
public improvement changes made by the applicant to ensure the changes were consistent with
the environmental documents. In addition, the report noted that the applicant's description of the
community benefits they were proposing included improvements that were required by the
Town. Finally, also attached to this report is an updated or errata sheet for the addendum traffic
analysis (Exhibit 22, Page 3). The following is a discussion of these items:
A. CEQA Review
The applicant's proposed changes to the public improvements necessitate changes to the
Mitigation Monitoring Plan (Exhibit 28). The changes include a revision to the language of
Mitigation Measure 16 and elimination of Mitigation Measure 18. The revised Mitigation
Measure 16 meets or exceeds the level of mitigation required in Mitigation Measure 18
and, therefore, no additional CEQA review is required.
Attachment 5
Planning Commission Staff Report - Page 2
16005 Los Gatos Boulevard/PD-07-145/ND-07-148
April 27, 2011
Mitigation Measure 16 shall be revised as follows:
A second eastbound left -turn lane shall be added on Blossom Hill Road and both left -turn
storage lanes shall be extended to 250 feet (per lane) to accommodate future traffic levels,
OR The applicant
Los Gatos Boulevard/Blossom Hill Road -intersection and lengthening both left turn lanes
ee
Mitigation Measure 18 will be removed.
southbound left turn storage -capacity by increasing the second left turn lane to 275 feet OR
The applicant shall contribute to increased southbound left turn storage capacity at the Los
Gatos Boulevard/Blossom Hill Road intersectien for its incremental share of impact as
determined by the Town Engineer:
The revised Mitigation Monitoring Program is included in the report as Exhibit 28.
B. Community Benefit
As noted in the previous report on this matter, the applicant's revised letter of justification
(Exhibit 20) references a dollar amount for the proposed Community Benefit, which
includes many items that are required by the Town for the project. The Town's
Community Benefit policy states that an "offering is intended to add to the merits of a
project" and "shall be something that otherwise would not have been required by law or as
a condition of approval for a project".
To clarify the discussion from the staff report, the applicant will be required to construct
improvements on Blossom Hill Road including street widening for an eastbound double
left turn lane, east and westbound bike lanes, and modifications to the pedestrian refugee
islands (pork -chop islands). Based on the proposed changes, the Parks and Public Works
Department was asked to evaluate the intersection operation with the projected construction
of improvements to Blossom Hill Road and has determined that by adding a second left
turn lane for eastbound Blossom Hill Road, the overall intersection operations will improve
substantially and.. would_. mitigate ..the projeet's .fair _shareof_ the impact... to traffic on
southbound Los Gatos Boulevard. Further, the cost of constructing the Blossom.Hill Road
improvements would exceed the applicant's combined fair share contribution toward
improvements to Los Gatos Boulevard and Blossom Hill Road as estimated by the Town's
Parks and Public Works Department.
Planning Commission Staff Report - Page 3
16005 Los Gatos Boulevard/PD-07-145/ND-07-148
April 27, 2011
The following table lists the public improvement items the applicant has classified as
Community Benefits in their Letter of Justification (Exhibit 20) and identifies what is
required by the Town and what the applicant is proposing.
Public Improvement
Requirement
Applicant's Proposal
Improvements to eastbound double
left turn lane on Blossom Hill Road @
Los Gatos Boulevard
Fair share contribution or
$21,000 of the estimated
$60,000 cost for the
improvement,
Full improvements. The
applicant's proposal to make
full improvements results in a
contribution of $39,000 over
the fair share requirements.
Improvements to Los Gatos Blvd.
southbound turn lane @ Blossom Hill
Road
Fair share contribution or
$15,000 of the estimated
$90,000 cost for the
improvement.
•
None. The applicant is not
proposing to pay their fair
share cost of the intersection
improvements, so the $15,000
fair share contribution should
be subtracted from the above
noted $39,000 Community
Benefit. This results in a
total Community Benefit of
$24,000,
Dedication of land for road widening
improvements
Full dedication
Full dedication
East and westbound bicycle lanes on
Blossom Hill Road
Full improvement
Full improvement
Relocate utility pole and signal to
accommodate improvements
Full improvement
Full improvement
Modify wheelchair ramps, modify
pedestrian refugee (pork -chop)
islands, and add bicycle lane stripes at
intersection approaches
Full improvement
Full improvement
By Town policy, Community Benefit in this case is considered to be the difference in cost
between the construction of improvements to the Los Gatos Blvd. at Blossom Hill
eastbound Left turn lane project and the required fair share contribution to the intersection
improvements for both Los Gatos Boulevard and Blossom Hill Road intersection projects.
As noted in the aforementioned table, the eastbound double left turn lane on Blossom Hill
Road at Los Gatos Boulevard improvements will cost approximately $60,000, and the
required fair share contribution is $21,000. The applicant is proposing to make all
improvements for this one project, which would exceed the required contribution by
Planning Commission Staff Report -. Page 4
16005 Los Gatos Boulevard/PD-07-145/ND-07-148
April 27, 2011
$39,000 ($60,000 - $21,000 = $39,000). However, the applicant is not proposing to make
the required $15,000 fan share contribution to the southbound turn lane on Blossom Hill
Road at Los Gatos Boulevard project. This amount should be deducted from the proposed
$39,000 that applicant is paying for complete eastbound improvements, which results in an
overall Community Benefit offering of $24,000 ($39,000 - $15,000 '.:$24,000) above the
required fair share contributions. Staff is concerned about the preeedent that would be set by
releasing the applicant from this requirement. However, it should be noted that this project
does have major frontage improvement requirements, including a street light relocation, a
high voltage power pole relocation and a significant land dedication, as identified in the
applicant's letter of justification. While these improvements are required of the project,
due to the need to relocate the high voltage power pole and street light, they are more
substantial than the typical frontage improvements in areas that are generally built to
cuuT•ent Town standard. While fairly extensive, these improvements do not fit the
Community Benefit definition; however, it could be argued that they do provide value to
the community overall.
The Planning Commission has the discretion to determine whether the $24,000 Community
Benefit offering appropriately off -sets the impacts of the additional traffic that the project
would generated.
C. Errata for Addendum #3 Traffic Analysis
Exhibit 29 is an errata sheet that corrects Table 1 on Page 3 of the April 21, 2011,
Addendum Traffic Analysis (Exhibit 22). The revised table replaces the previous "Senior
Housing" trip data with the proposed "Residential Condo/Townhome" trip rates. The
change in land uses results in three additional overall trips. Although the totals for the two
tables indicated a two trip difference rather than the three trips that would occur with the
change in product type, the two trip difference is due to rounding numbers. The additional
three trips do not affect the results and conclusions of the previously conducted
comprehensive traffic study for the proposed project.
4'444 /2CO4
Prep ed by:. ' Approved by: _
Heather Bradley Wendie R. Rooney
Contract Planner Director of Community Development
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Monitoring
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Mitigation
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To limit the project's construction -related dust, criteria pollutant, and precursor emissions, the following
BAAQMD-recommended Basic Constriction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
c. 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. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. .All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f Idling times shall be minimized either by shutting equipment offwhen not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne taxies control measure Title 13,
Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. 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.
H. A publicly visible sign with the telephone number and person to contact at the Lead Agency
regarding dust complaints shall be posted attthe site. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable
regulations.
EXHIBIT 28
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BIOLOGICAL RESOURCES
With review and approval by the Town, all recommendations made by Arbor Resources (October 11, 2010
and any updates) will: 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 recommendations under the Design Guidelines section addressing tree retention and
relocation, soil disturbance,t mulching, ,treucliing, drainage facilities, and installation of new trees. The
report also provides recommendations for Protection Measures before and during construction,
encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc. The report's
recommendations are included as Attachment 3 of the Initial Study.
i
Construetionpersonnel involved with earthmoving shall be. alerted to the potential for the discovery of
prehistoric materials and in particular, concentrations ofhistoric artifacts. Prehistoric archaeological
resources could include but not be limited to the following: darker than surrounding soils of a friable nature;
concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash,
charcoal, fire altered earth or rock) and of course, burials, both human and animal.
In the event that archaeological traces are encountered, all construction within a 20-foot radius of the find I
shall be halted, the Community Development Director shall be notified, and an archaeologist shall be
retained to examine the find and make appropriate recommendations
In the event that it appears further earthmoving will affect a resource eligible for the California Register of
Historic Resource (CRHR), a plan for evaluation of the resource through limited hand excavation should be
submitted to the Town's. Community Development Department for approval. If evaluative testing
demonstrates that the project will affect a CRHR eligible resource, a plan for the mitigation of impacts to
the resource should be submitted to the Community Development Department for approval before
construction is allowed inside the zone designated as archaeologically sensitive.
If the Community Development Director finds that the archaeological find is not a significant resource,
work will 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 will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the
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site is found to be a significant archaeological site, a mitigation program will 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 21083.2.
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 will 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.
GEOLOGY AND SOILS
The recommendations of the CBG geotechnical investigation and project review (October 21, 2009 and
December 18, 2009)`shall be incorporated in the final construction plans for the proposed project
(Attachment 4 of the Initial Study). These recommendations address site preparation, earthwork operations,
drainage, and foundations.
HAZARDS AND HAZARDOUSMATERIALS
The project applicant and/or Town shall prepare a man_ agement plan to identify all suspected hazardous
materials and specify applicable regulations that would determine appropriate handling and disposal of
these materials. For suspected hazardous materials (contaminated soil and groundwater) that maybe
encountered during construction, the management plan shall include contingency plans for site safety,
worker protection, sampling and investigation, and disposal or remediation; these shall be based on soil and
groundwater sampling and testing that have been completed to date. The management plan shall be filed
with the Town of Los Gatos and all other jurisdictional agencies prior to issuance of the demolition and
grading permits.
If groundwater is encountered during project construction and dewatering is required, the project applicant
shall undertake sampling and testing of the encountered groundwater in accordance with the contingency
sampling and investigation plan. If groundwater is found to contain contaminants that exceed regulatory
action levels, it may not be discharged into the existing storm drainage system. Removal and handling of
the contaminated groundwater should be done in a manner acceptable to the RWQCB, the Town, and other
jurisdictional agencies.
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A.state certified.leacl 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 demolitionof the structures
To minimize construction noise impacts on existing adjacent residences to the west, existing boundary
fencing shall be retained throibghout the noisier earthmoyingphase of construction or proposed fencing
along this boundary shall be constructed as early as possible (prior to project grading activities if feasible).
To maximize the fence's noise attenuation effects, proposed fencing shall be solid with no gaps, cracks, or
openinga(e.g., high quality air -tight tongue -and -groove, board and batten, or'shiplap design).
As a condition of project approval; the Town will require the commercial -related trash collection activities
to comply with Section 16.20.055. of the Noise Ordinance, which prohibits refuse collection with a refuse
collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. in a residential zone.
To meet the Town's 55-dB (DNL) residential noise goal, balconies and decks shall be completely enclosed
so that these spaces were no longer exterior spaces. If such a design is undesirable, the following design
requirements shall be implemented to achieve Town -recommended exterior noise guidelines in usable
outdoor spaces on proposed senior apartments and single-family residences:
a. To achieve compliance with the Town's 65-dB (DNL) exterior noise guideline at proposed
senior apartments, 42-inch high acoustically -effective railings shall be constricted on the balconies of
Units :1 to 4 along Los Gatos Boulevard The balcony railing height is in reference to the nearest
balcony floor elevation.
To achieve an acoustically -effective balcony railing, it must be constructed air -tight (i.e. without cracks,
gaps; or- other openings) and must provide for long-term durability, including the balcony floor. The
railings can be constructed of masonry, wood, concrete, stucco, metal or a combination thereof, and
must have minimum.. surface weight of 1.5 pound per square foot. If wood fencing is used, homogenous
sheet materials are preferable to conventional wood fencing as the latter has a tendency to warp and
form openings with age. However, high quality, air -tight tongue -and -groove, board and batten, or
shiplap construction can be used, provided that the construction is air -tight and the minimum surface
weight is.met Translucent materials, such as glass, Lexan, or Plexiglas, may be incorporated into the
barriers to .rovide for li: t and views, however, th- must have a minimum thickness of 3/16 inches to
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(STC) rating of 28. Mechanical ventilation shall be provided in these units.
When windows and doors.are maintained closed for noise control, some type of mechanical ventilation
to assure a habitable environment must be provided. The mechanical ventilation requirements are
specified in the Uniform Building Code (UBC) and described in Appendix B of the ELPA study, which
is included as Attachmentf7 of the Initial Study. The windows that are specified to be maintained closed
are to be operable, as the requirement does not imply a "fixed" condition. All other windows of the
project and all bathroom Windows may have any type of glazing and may be kept opened as desired
unless the bathroom is an integral part of a living space without a closeable door.
In addition to the required STC ratings, the windows and doors shall be installed in an acoustically-
effectivemaaner. To achieve an acoustically -effective window construction; the sliding window panels
must form an air -tight seal when in the closed position and the window frames must be caulked to the
wall opening around their}entire perimeter with the non -hardening caulking compound to prevent sound
infiltration_ Exterior doors must seal air -tight around the fell perimeter when in the closed position.
The acoustical test report of all sound -rated windows and doors should be reviewed by a qualified
acoustician to ensure that the chosen windows and doors will be adequately reduce traffic noise to
acceptable; levels. Many dual -pane windows and glass door assemblies have inherent noise reduction
problems in. the traffic guise frequency spectrum due. to; resonance that occurs within the air space
between the window lites and the noise reduction capabilities vary from manufacturer to manufacturer.
TRANSPORTATION & TRAFFIC
A second eastbound left -turn lane shall be added on Blossom Hill Road and both left -turn storage lanes
shall be'extended to 250 feet )(per lane) to accommodate future traffic levels.
The project will be required to modify their fair share of the Blossom Hill Road/Los Gatos Boulevard
intersection and upgrade existing traffic signal to current Town standards including but not limited to ADA
ramps, pedestrian islands; signing, striping, vehicular signal heads, pedestrian signals, video detection,
Transportation
-Consultants
Pleasanton
3875 Hopyard Road
Suite 200
Pleasanton, CA
94588-8526
925,463,0611
925.4633690 fax
Fresno
516 W. Shaw Avenue
Suite 20D
Fresno, CA
93704-2515
559325.7530
559.22.1.4940 fax
Sacramento
980 Ninth Street
16d Floor
Sacramento, CA
95814-2736
916,449.9095
Santa Rosa
1400 N. Dutton Avenue
Suite 21
Sams Rosa, CA
95401-4643
7073753800
707.575,5888 fax
tikm@tjfon.com
www.tilan.com
Vision That Moves Your Community
MEMORANDUM
Date:
To:
From:
April 26, 201 1
jessy -Pu,'P1. Project No.: 02l -093 T023
Vishnu Gandluru Jurisdiction: Los Gatos
Subject Errata for the Addendum #3 Traffic Analysis for a mixed -use project at
16005 Los Gatos Boulevard
The purpose of this memorandum is to present errata for the addendum traffic analysis performed
for a mixed -use project at 16005 Los Gatos Boulevard in the Town of Los Gatos. A letter report,
dated April 2!, 20I I, summarizing the results was previously presented to the Town staff.
The second paragraph on page 2 of the letter report should read as follows:
Table 1I shows the project trip generation estimates for the newly proposed mixed -use development.
With the revised land use data, the proposed project is expected to generate 1,521 daily trips;
181 trips (92 inbound and 89 outbound) during the a.m. peak hour and 124 trips (62 inbound and
62 outbound) during the p.m. peak hour.
Table 11 on page 3 should be accepted as summarized below. The changes to the trip generation
table are highlighted in the current errata document.
Table 1: Summary of New Project Trip "'Generation (April 26, 20! 1)
Land Use
(ITE Code)
Size
Daily
AM Peak Hour
PM Peak Hour
Rate
Trips
Rate
In:Out
In
Out
Tota
1
Rate
In:Out
In
Out
Tota
1
Single Family
Detached (210)
16 DU
9,57
153
0.75
25:75
3
9
12
1.01
63:37
10
6
16
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Speciality Retail
(814)
12.90
KSF
44,32
572 `
6.84
48:52
42
46
88
2.71
44:56
15
20
35
wi-.T.urnover. _ _
Restaurant (932)
-_132 -
Seats
4.83
638
0.47
52:48
32 '
'30
62
0.41
57:43
. 31
23 -
54
General Office
(710) - Proposed
9.694
KSF
11.01
107
•
1.55
88:12
13
2
15
1.49
17:83
2
12
14
Total
1,521
92
89
181
62
62
124
Previous Land use -
New Car Sales (841)
20.744
ksf
33.3
692;
2.05
74:26
32
11
43
1.59
39:61
21
33
54
Notes:
KSF =_I000.square feet; DU_=. Dwelling Units;
Source !TE Trip Generation, 8th Edition
The errata presented here does not affect the results and conclusions of the previously conducted
comprehensive traffic study for the proposed project.
EXHIBIT 29