2011062015 - 90-160 Albright Way - 14600 Winchester BoulevardMEETING DATE: 06/20/11
ITEM NO: 5
COUNCIL AGENDA REPORT
DATE: June 20, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGE `r+`(0%
SUBJECT: PLANNED DEVELOPMENT PD-10-005; AND NEGATIVE DECLARATION
ND-11-004. PROJECT LOCATION: 90-160 ALBRIGHT WAY AND 14600
WINCHESTER BOULEVARD. PROPERTY OWNER: LG BUSINESS
PARK, LLC. APPLICANT: JOHN R. SHENK.
A. CONSIDER A REQUEST FOR APPROVAL TO MODIFY THE EXISTING
PLANNED DEVELOPMENT TO ALLOW THE POTENTIAL FOR A MIX
OF LAND USES. THE PROJECT MAY CONSIST OF OFFICE ALONE OR
A MIX OF OFFICE AND MULTI -FAMILY AND/OR SENIOR
RESIDENTIAL USES, SUBJECT TO DEFINED TRIGGERS. THE
PROJECT COULD INCLUDE UP TO A MAXIMUM OF 550,000 SQUARE
FEET OF OFFICE SPACE OR A COMBINATION OF LESS OFFICE
SPACE WITH RESIDENTIAL USES. RESIDENTIAL USES COULD
INCLUDE UP TO A MAXIMUM OF 516 MULTI -FAMILY UNITS AND
UP TO A MAXIMUM OF 600 SENIOR UNITS ON PROPERTY ZONED
CM:PD. APNS 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060,
AND 063.
B. CONSIDER A REQUEST FOR APPROVAL OF A DEVELOPMENT
AGREEMENT.
C. CONSIDER ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: r\ Assistant Town Manager
Clerk Administrator Finance
Town Attorney
mmunity Development
N:\DEV\TC REPORTS \2011\Albright.doc
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20, 2011
RECOMMENDATION
After opening and closing the public hearing, it is recommended the Town Council:
1. Accept the reports of the Planning Commission's findings and recommendations in the form
of meeting minutes (Attachments 8 and 9) (no motion required).
2. Accept the Planning Commission's recommendation and adopt the Mitigated Negative
Declaration (Attachment 1) including the Errata sheets (Attachment 17), adopt the Mitigation
Monitoring and Reporting Program (Attachment 18), and adopt the Resolution certifying the
environmental document (Attachment 15) (motion required).
3. Make the required findings supporting the zone change (Attachment 10) and approve the
application subject to the performance standards included in the Planned Development
Ordinance (Attachment 13) (motion required).
4. Move to waive the reading of the zone change Ordinance (motion required).
5. Direct the Clerk to read the title of the zone change Ordinance (no motion required).
6. Move to introduce the Ordinance to effectuate the zone change (motion required).
7. Make the required findings for approval of the Development Agreement (Attachment 10),
approve the Development Agreement (Attachment 14), and authorize the Town Manager to
execute the Development Agreement on behalf of the Town (motion required).
8. Move to waive the reading of the Development Agreement Ordinance (motion required).
9. Direct the Clerk to read the title of the Development Agreement Ordinance (no motion
required).
10. Move to introduce the Ordinance for the Development Agreement (Attachment 16) (motion
required).
ALTERNATIVES
Instead of the actions above, the Council may:
1. Continue the project to a date certain with specific direction (motion required); or
2. Remand the project to the Planning Commission with specific direction (motion required);
or
3. Move to deny the Planned Development Ordinance (motion required).
BACKGROUND
The subject property is located in the northern part of Los Gatos, immediately east of Winchester
Boulevard and south of Highway 85. The project site consists of ten developed parcels within the
Los Gatos Business Park at the intersection of Albright Way and Winchester Boulevard. Albright
Way is a loop road providing the principal access to the property; however, access to the project
site is also available via a driveway on Winchester Boulevard at the southwest corner of the site.
The existing development on the site consists of approximately 250,000 s.f. of office and R&D
uses regulated by the existing PD ordinances and contributes to the 2.6% of industrially
zoned/developed land in the Town. These PD ordinances would be replaced by the proposed PD
ordinance, if approved by the Town Council.
PAGE 3
MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20; 2011
The subject property is currently developed with eight one-story and two two-story research and
development (R&D) and office buildings along with associated driveways, parking areas, and
landscaping. The square footage of the existing buildings is approximately 250,000 s.f.. The
buildings were constructed from the mid 1970s through the early 1980s. The rear parking lot for
151 Albright Way adjoins the paved Los Gatos Creek Trail, which extends northward under
Highway 85 and southward past the Charter Oaks subdivision, eventually connecting to Vasona
Reservoir. The reservoir is located approximately 0.6 miles to the south of the project site.
The applicant has been working with the Town over the course of the past year to develop plans
for the site. A primary objective has been to create a zoning approval and related Development
Agreement that would facilitate expansion and retention of Netflix in a new Class A high
technology headquarters campus while allowing for other uses should the full office campus not
materialize.
DISCUSSION
A. Project Summary
The project applicant has proposed to rezone the property by modifying the existing Planned
Development "CM:PD" (Controlled Manufacturing with a Planned Development overlay zone).
This change would allow for redevelopment of the site for expanded office use (up to 550,000
sq. ft.) or to a mix of less office and added residential (up to 516 multi -family units and/or up to
600 senior housing) land uses.
The developer is requesting the approval of:
• A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;
• A modification of the existing PD to allow the potential for a mix of land uses; increased
building heights; and
• A Development Agreement
The Planned Development modification requires a zone change to establish a new Planned
Development Overlay zoning designation for the site. See Attachments 2 through '7 for
additional information.
The applicant has requested the Town enter into a Development Agreement that will provide
vested rights to develop the property in accordance with the PD, existing Town ordinances and
the General Plan. The Development Agreement also vests fees to those contained in the adopted
2011/12 Comprehensive Fee Schedule (with normal CPI) and defers payment on some of the
fees.
The Agreement grants developer rights to develop the project over a 15 year period with an
optional five year extension. In exchange for these terms, the Developer has agreed to provide
funding for traffic improvements and community benefit over and above what the Developer is
obligated to provide through the Mitigated Negative Declaration and PD Performance Standards.
PAGE 4
MAYOR AND TOWN COUNCIL/PD- 1 0-005/ND-1 1-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20, 2011
Pursuant to the draft PD Ordinance, the specific site and architectural design will be considered
with the mix of uses by the Planning Commission in separate Architecture and Site application(s)
if the PD is approved. Review of Architecture and Site application(s) will be limited to the terms
not previously agreed to in the approval of the PD Ordinance and vested through the
Development Agreement.
B. Planning Commission
At their May 11, 2011 meeting, the Planning Commission reviewed the proposed zone changes
and Draft Terms of the Development Agreement. At that meeting the Planning Commission
continued the project and directed the applicant to address various concerns with the proposal
(refer to Attachment 6 for a discussion of those concerns).
The applicant provided a response letter and the item was returned to the Planning Commission
on May 31, 2011. The applicant opted to retain the original features of the proposed zoning
request but did commit to a LEED Silver level of building construction for the office portions of
any future project. After discussing the project and receiving public testimony, the Commission
recommended approval of the Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program, PD Ordinance and Development Agreement with the following changes:
1. Building heights limited to fifty-five feet (55 ft.);
2. Office/R&D land use approval only; no multi -family or senior housing.
This height limit recommendation is consistent with the Gateway Project where the existing three-
story Netflix buildings are located. The Commission expressed support for an all-Office/R&D
project that would facilitate expansion and retention of Netflix while.maintaining building heights
no higher than the existing Gateway Project.
This motion was approved with a vote of 2-1-1 (Erekson opposed, Jensen abstained, Ogle,
Donnelly and Bourgeois absent).
The applicant has provided a letter addressing various aspects of the proposed project and the
Planning Commission's action (Attachment 12).
See Attachments 2 through 7 for project details. Additionally; verbatim minutes for this matter are
available in Attachments 8 and 9.
C. Public Comment
At the May 11, 2011 Planning Commission meeting, 11 residents provided public comment on
the proposed zoning changes. Of these, 9 were opposed or expressed serious concerns and 2
were in favor of the proposal.
PAGE 5
MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20, 2011
At the May 31, 2011 Planning Commission meeting, 28 speakers provided public comment on
the proposed zoning changes. Of these, 18 were opposed and 9 were in favor or generally
supportive.
The major concerns voiced at both meetings included: public noticing, traffic, impacts on
schools, building heights and the potential impact on the Los Gatos Creek Trail (refer to
Attachments 8 and 9).
Representatives from the Los Gatos Unified School District and Los Gatos -Saratoga High
School District spoke of development impacts on student enrollment at District schools.
Additionally, the Town has received written communications on the proposal which are attached
to the two Planning Commission reports and related Desk Items, see Attachments 2 though 7.
ENVIRONMENTAL ASSESSMENT
An Initial Study and Mitigated Negative Declaration, consistent with California Environmental
Quality Act (CEQA), were prepared for this project by the Town's environmental consultant,
Geier and Geier Consulting, (Attachment 1). The public comment period ended on May 11,
2011. The areas of mitigation are as follows:
® Aesthetics
• Air Quality
® Biological Resources
• Cultural Resources
Geology and Soils
6 Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Land Use
• Noise and Vibration
® Recreation
6 Transportation and Traffic
• Utilities
The mitigation measures included in the Initial Study and MND will reduce these impacts to
less -than -significant levels. Minor non -substantive changes to the Initial Study (See Exhibit 21
of Attachment 6), Mitigated Negative Declaration (See Exhibit 21 of Attachment 6), Mitigation
Monitoring and Reporting Program (See Exhibit 22 of Attachment 6), Development Agreement,
and Planned Development Ordinance have been made subsequent to the Planning Commission
meeting to clarify content, add additional information or to correct content.
PAGE 6
MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20, 2011
CONCLUSION
The proposal before the Town Council is unique in that it proposes flexibility to respond to
future market conditions. Typically the Town has the opportunity to decide on projects that have
already made a commitment to provide a certain land use in a specific layout and design. This
flexibility is balanced against benefits that the Town can expect to receive based on the proposed
Development Agreement.
Staff believes that the proposal represents both a commitment to the goals and policies outlined
in the General Plan and an opportunity for Los Gatos to create favorable conditions for both
continued fiscal sustainability and to respond to region -wide housing and transit issues.
Staff recommended strong approval to the Planning Commission for the following:
® Office/R&D uses with a height of four -stories (70 ft.); and
® The Development Agreement
The Planning Commission, however, believed that the proposal was too open-ended in terms of
the variety of land uses and densities that would be allowed. The Planning Commission,
therefore, recommended lower building heights and restricted uses out of concern for
neighborhood compatibility and other issues.
The PD Ordinance attached to the staff report (Attachment 13) reflects the applicant's requests..
As a result, if the Council determines that some of the applicant's requests are not appropriate
then the PD Ordinance will be modified prior to the second reading of the Ordinance.
ENVIRONMENTAL ASSESSMENT
A Mitigated Negative Declaration was prepared for this proposal (Attachment 1).
FIS CAL IMPACT:
None.
ATTACHMENTS
Received Under Separate Cover
1. I nitial Study and Mitigated Negative Declaration
2. Report to the Planning Commission for the meeting of May 11, 2011
3. Desk Item Report #1 to Planning Commission for the meeting of May 11, 2011
4. Desk Item Report #2 to Planning Commission for the meeting of May 11, 2011
5. Desk Item Report #3 to Planning Commission for the meeting of May 11, 2011
6. Report to the Planning Commission for the meeting of May 31, 2011
7. Desk Item Report to Planning Commission for the meeting of May 31, 2011
8. Verbatim minutes from the May 11, 2011 Planning Commission hearing (170 pages)
9. Verbatim minutes from the May 31, 2011 Planning Commission hearing (127 pages)
PAGE 7
MAYOR AND TOWN COUNCIL/PD-10-005/ND-11-004
SUBJECT: 90-160 Albright Way and 14600 Winchester Boulevard
June 20, 2011
Received with this Report
10. Required Findings (2 pages)
11. Written communications received after the Desk Item Report to Planning Commission for the
meeting of May 31, 2011 (25 pages)
12. Letter from the applicant (7 pages)
13. Draft Planned Development Ordinance (55 pages) including zone change map (1 page) and
development plans (25 Pages)
14. Draft Development Agreement (81 pages)
15. Resolution adopting the Mitigated Negative Declaration, Mitigation Monitoring Plan, and
certifying the environmental document (2 pages)
16. Draft Development Agreement Ordinance (3 pages)
17. Revised Errata Sheets (8 pages)
18. Revised Mitigation Monitoring and Reporting Program (11 pages)
Distribution
cc: John Shenk, 700 Emerson Street, Palo Alto, CA 94301
David A. Kingery, Principal, The Carlyle Group, 4 Orinda Way, Ste.1 %0D, Orinda, CA
94563
SLB:GIB:cgt
N:\DEV\TC REPORTS \2011\Albright.doc
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PLANNING COMMISSION — MAY 11, 2011
REQUIRED FINDINGS FOR:
90.- 160 Albright Way and 14600 Winchester Boulevard.
Planned Development PD-• 10-05
Mitigated Negative Declaration ND-11-004
Requesting approval to modify the existing Planned Development to allow the potential
for a mix of land uses. The project may consist of office alone or a mix ofoffice and
multi -family and/or senior residential uses, subject to defined triggers. The project could
include up to a maximum of 550,000 square feet of office space or a combination of less
office space with residential uses. Residential uses could include up to a maximum of
516 multi -family units and up to a maximum of 600 senior units on property zoned
CM:PD. The applicant is also requesting approval of a Development Agreement. No
significant environmental impacts have been identified as a result of this project and a
Mitigated Negative Declaration is recommended. APN's 424-31-053, 054, 063, 424-32-
038, 045, 049, 054, 059, 060, 063.
PROPERTY OWNERS: LG Business Park, LLC
APPLICANT: John R. Shenk
FINDINGS:
Required finding for CEQA:
No significant impacts have been identified as a result of the project and a Mitigated
Negative Declaration has been prepared.
Required consistency with the Town's General Plan:
The proposed Zone Change and the terms of the Development Agreement are
internally consistent with the 2020 General Plan and its Elements.
Required consistency with the Town's Traffic Policy for community benefit:
Projects that generate additional traffic of five or more peak hour trips may only be
recommended for approval if the project's benefits to the community override the traffic
impacts as determined by specific sections of the General Plan and/or any Specific Plan.
If a project generates additional traffic of five or more peak hour trips the burden is on
the applicant to cite economic or housing benefits to the Town and/or specific sections of
the General Plan and any applicable Specific Plan that demonstrate the project's benefit
to the Community which outweighs the traffic impact. The deciding body must make
specific findings which demonstrate that the benefit(s) of the projectoutweighthe impact
in order to approve the project.
ATTACHMENT 10
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From: support@civicplus.com [mailto:support@civicplus,com]
Sent: Wednesday, June 15, 2011 11:48 AM
To: Town Manager; Jenny Haruyama
Subject: Online Form Submittal: Customer Feedback Form
The following form was submitted via your website: Customer Feedback Form
Name: Richard Erbst
Address: 143 .Newell Ave
City: Los Gatos
State: Ca
Zip: 95032
Home Phone Number: 408-395-7652
Daytime Phone Number: 408-395-7652
Email Address: bperbst1962@hotmail.com
Please let us know how we are doing or what we can do for you!
I regret that I will not be able to attend the council meeting of the 20th so I could protest the proposed
zoning change and development of the Albright Way property.
This proposal if approved will forever change the character of the Town of Los Gatos. To quote the Town
of Los Gatos Vista "the consequences of poor planning will have long range impacts on our Community
Character"
The recent adoption of the general plan "our ability to preserve the small town character of Los Gatos
and protect it from increasing development pressures is driven by our general plan"
This proposal has a number of if's to it, but at the very least there will be either 5 or 4 story building 'and
2 3 story parking garages.
There several reasons why this proposal does not fit in the Town of Los Gatos, but there are two
principal reasons the traffic at Winchester and Lark significantly impacted with an estimated 3,126
additional trips per day. There were traffic concerns with the development at Blossom Hill and Los Gatos
Blvd. it will pale in comparison to this project. The Schools, we have heard from school administrators
that the schools now are at capacity with no more room to either build schools or add to them and even
if they did there is no bond capacity.
We are Town not a city. A Town has its own special character and quality of life that makes it a great
place to live raise our kids and for them to raise their kids.
I urge you to reject this proposal.
Richard Erbst
ATTACIIMENT 11
June 13, 2011
The Honorable Joe Pirzynski,
Los Gatos Town Council Members
Town of Los Gatos,
110 East Main Street
Los Gatos, CA 95030
RE: Support for Albright Way Rezoning
Dear Mayor Pirzynski and Members of the Town Council:
I am writing to express my support for the Albright Way Rezoning. I support a mix of
office, residential and senior housing on the site. The Albright Way rezoning is
consistent with the Town's goals for economic development and mixed -use housing.
Winchester Boulevard is one of the few parts of Los Gatos that is conducive to a transit
oriented development.
Approving this zoning with the requested five story height will retain Netflix as a major
employer and tax generator in Town. The opportunity before you will ensure that Netflix
stays and grows in Los Gatos. The economic benefits to our community are significant
and will help not only the Town but the schools.
Allowing residential, as part of the zoning, provides the Town future options to meet its
own housing goals. Since there are residential development triggers in the plan, no
housing can even be contemplated on the property for several years, if not Longer. I
urge the Council to look at the big picture, and approve this zoning because it is good
planning based on sound planning policies.
The Council has the fortune to approve an application that benefits our entire
community significantly. I encourage you to vote to approve the rezoning with office,
residential and the requested height.
Sincerely,
Bill and Esther F Gterbaugh
183 Longmeadow Drive
Los Gatos, CA 95032
Joel Paulson
From:
Sent:
To:
Subject:
Bonnie Westman <b2westman@gmail.com>
Tuesday, June 14, 2011 12:35 PM
Joel Paulson
Support for Albright Project
Dear Mayor and Town Councilmembers:
RE: Support for Albright
We are supportive of the Albright project. There are very few opportunities to provide world
class office space and/or well planned out housing communities in Los Gatos. The Albright Way
site does allow for this type of development. Approving the zoning ensures that Netflix can
remain in Los Gatos. The benefits to the Town are significant. The property tax alone would be
a tremendous boost to both the Town and the schools. It is development like this that actually
helps provide the services that so many people want — public safety, libraries, and street
maintenance. In addition to the taxes and fees generated by the project, the Town has the
opportunity to have a thriving employment base of well paying jobs. The Town's plans call for
providing housing for a variety of demographics. Here is the opportunity to meet those goals.
We have seen what the current Netflix campus has done for our Town. The Albright Way
project again provides us with the opportunity to make a great decision to benefit the citizens for
years to come.
Please recommend approval of this project to the Town Council.
Sincerely,
Dean and Bonnie Westman
16516 Shannon Road
Los Gatos, CA 95032
(408)356-6965
i
From: JOHN SWENSON [mailto:swenl@msn,com]
Sent: Tuesday, June 14, 2011 10:08 AM
To: Council
Cc: larinconadawatch@yahoogroups.com; gina_swenson@yahoo.com
Subject: Planned Development of Winchester/Albright Way Parcel
Dear Los Gatos Town Council
We have been residents of the LaRinconada/Golf Links neighborhood for three years. We are deeply
concerned about the proposed redevelopment of the Albright Way parcel, particularly with regard to any
multi -level or high -density development that would change the character of the neighborhood, increase
traffic, or impact our schools. Despite the appeal of our neighborhood and the Town, we have seen our
property value decline by more than 20 percent since its purchase in early 2008, which in combination
with unemployment and declining wages has had a devastating economic impact on our family. We are
hopeful that our property values will recover over time, but that process would be severely curtailed by
the proposed development, perhaps stretching to decades a recovery process that already must be
measured in years.
Please do not allow high -density residential development of this parcel and restrict the commercial
redevelopment to a modest change in footprint and height. It is the better choice for the long-
term economic health and quality of life of our Town. If you have questions or would like additional
input, please feel free to contact us directly.
Sincerely,
Gina & John Swenson
14711 Golf Links Dr.
Los Gatos, CA 95032
408-395-2803
From: Mark Shelton [mashelto@cisco.com]
Sent: Monday, June 13, 2011 10:44 PM
To: Joe Pirzynski; Steve Rice; Diane McNutt; BSpector; Steve Leonardis
Subject: FW: 516 new multi -family units in Blossom Hill boundaries - Town Council to vote June 20th
Dear honorable Mayor and Council Members,
I am writing to express my opposition to the proposal below. I live at 190 Vista Del Monte and
we have 3 school -aged children that attend Van Meter Elementary and Fisher Middle School.
My wife and I have lived in Los Gatos over 16 years and are happy with the measured growth
the community has embraced. Given the current state budget issues, any additional strain on our
schools would be unacceptable and damage the quality of life our residents enjoy.
Moreover, traffic on Los Gatos Blvd., Hwy. 9, North Santa Cruz, Winchester, and Blossom Hill
is gridlocked most days of the week and this would only add more cars with no apparent funding
for increasing infrastructure.
Please let me know if you would like me to expound further, but I expect this proposal will not
be well received by Town Residents.
Thank you for your consideration.
Mark and Andrea Shelton
Please forward to others in the school community
LOS GATOS TOWN COUNCIL TO VOTE ON
516 MULTI -FAMILY UNIT DEVELOPMENT
IN BLOSSOM HILL SCHOOL BOUNDARIES
MONDAY, JUNE 20TI1, 2011 AT 7:00 P.M.
IN THE COUNCIL CHAMBERS, 110 EAST MAIN STREET LOS GATOS
(same building as Los Gatos Public Library)
PLEASE ATTEND THE MEETING AND VOICE YOUR OPPOSITION
- Schools are currently at maximum capacity. Developer will contribute no money for schools.
- Portable classrooms would be required to accommodate influx of new students, according to
LGUSD statement at Planning Commission Meeting on May 31, 2011 .
- Los Gatos High students bussed to Saratoga High due to overcrowding
- Increased class sizes
- Proposed Buildings 5 stories (85 feet) - unprecedented height and scale in Los Gatos . Town
exempted developer from story pole requirement, resulting in lack of public notice.
- Mountain vistas will be blocked and dozens of tall trees to be cut down
Developer asking for binding 20-Year Development Agreement
E-mail Town Council and state your opposition. Your voice counts.
Mayor Joe Pirzynski: jpirzynski@losgatosca.gov
Steve Rice sricealosgatosca.gov
Diane McNutt: dmcnuttiosgatosca.gov
Barbara Spector: bspector@losgatosca.gov
Steve Leonardis: sleonardis @ losgatosca.gov
90-160 Albright Way and 14600 Winchester Boulevard — Planned Development Application
PD-10-005. Mitigated Negative Declaration ND-11-004. Requesting approval to modify the
existing Planned Development to allow the potential for a mix of land uses. The project may
consist of office alone or a mix of office and multi-family/senior residential uses. The project
could include up to a maximum of 550,000 square feet of office space or a combination of less
office space with residential uses. Residential uses could include up to a maximum of 516 multi-
family units and up to a maximum of 600 senior units on property zoned CM:PD.
From: Jeannette Alien [mailto:jeannette_allen@yahoo.com]
Sent: Monday, June 13, 2011 5:26 PM
To: Council
Subject: Albright Area
Hello,
I strongly recommend that you follow the recommendation of the Planning to
keep the Albright area commercial and limit the height of the buildings.
Jeannette Allen
15610 Palos Verdes Dr.
Monte Serena, Ca 95030
Joel Paulson
From:
Sent:
To:
Subject:
Alex Garwood <agarwood48@grnail.com>
Tuesday, June 14, 2011 9:03 AM
Joel Paulson
Albright Way
Dear Mayor and Town Council Members:
I would like to again express my support for the Albright Way project.
I am a Los Gatos resident who is supportive of the Albright project. It would be a tragedy for the town leaders not to
approve this project. There are very few opportunities to provide large enough world class office space and/or well
planned out housing communities. The Albright Way site does allow for this type of development. As was the case with
the current Los Gatos Gateway project, many comments were made about it being too big, decreasing property values,
and ruining Los Gatos. As you can see, it is one of the biggest successes of our Town. People know where Los Gatos is
because it is the home of Netflix. These types of projects are what support our police department; keep our library open
and provides substantial property tax income to the schools. The Albright Way project again provides us with the
opportunity to make a great decision to benefit the citizens for years to come.
I urge your leadership to approve this new project.
Best,
Alex Garwood
16401 Englewood Ave
1
101 Charter Oaks Circle
Los Gatos, CA 95032
June 6.2011
The Honorable Marico Sayoc
Town of Los Gatos Planning Commission
Town of Los Gatos
110 East Main Sreet
Los Gatos, CA 95030
Re: Against the Albright Way/Winchester Blvd Rezoning
Dear Chairwoman Sayoc and Planning Commissioners:
ii eCE. 4, l
TOWN OF LOS GATOS
P,LANNNG D\/ SiON
I spoke on May 31, 2011 before the commission regarding rezoning of the development
at 14600 Winchester Blvd. and Albright Way, My comments were delivered on behalf of
my significant other Jan Prinzivalli of 101 Charter Oaks Circle who also attended the
meeting. We object to the developer's statement that residents of Charter Oaks
Townhouse have no substantial comments except for the positioning of trash receptacles,
I am also a concerned resident of Los Gatos.
This e-mail will restate our objections to rezoning.
1. In today's economy, many cities are cutting development projects. Los Gatos needs to
slow down and temper long term plans to deal with a changing world. Listen closely to
the drop in property values rather than to those who will profit from this deal. Why
should the Town give this developer a competitive market advantage over similar vacant
building in the area?
2. The current research park facility is a perfect footprint for the site. The
developer/Netflix argument that building height promotes productivity or innovation is
simply wrong. I studied major R&D parks in North America as an SRI employee. The
best ones were two stories or less, &bay Park on Hamilton Avenue in Campbell is a
good model to use when upgrading the Winchester site.
3. Traffic now from Winchester adds to the difficulty making a left or right turns onto
Lark Avenue from Charter Oaks during rush.hour. Many area residents voiced their
current negative experiences on Winchester Blvd. Please wait for the traffic studies on
the soccer field impact and the North 40 plans before implemented changes.
4. Few neighbors of the property supporting this, They realize that the location and size
of the site does not lend itself to this massive development. :Im, patted neighborhoods
would not vote for the proposed development. Why upset residents for the salve of
developer's profits?
5. Los Gatos has too many students for existing schools. How many children are you
planning for the site?
6. The current Netflix complex visually and mentally overpowers the creek trail. The out
of place buildings stand out like a bad Mediterranean Disneyland. Similar buildings
would increase the distraction not to mention the additional noise and light pollution.
Please preserve any further deviation from the peaceful nature walk along the creek.
7. Los Gatos previously avoided overshadowing high developments for one to two story
buildings that fit the small town look and feel that brings people to the town. Please don't
sell out residents to developers that would destroy Los Gatos' special character.
8. Finally, as a management consultant, company or employee threats to leave or quit
would elicit warm wishes as I bid them goodbye. Has Netflix proposed any timetable for
continued business on Winchester? There was mention of shuttles not from local towns
but from San Francisco. There has been no guarantee forthcoming from Netflix even if
all concessions are made to their favor.
***On an unrelated note, the family that owned the North 40 for many decades was sent
to internment camp during WWII. Some recognition of the resilient people who not only
survived this history but prospered afterwards should remain with the property. Perhaps
a Japanese Garden would be appropriate.
Thank you for your kind consideration of our wishes.
Sincerely,
1-3
Barry Micin and Janet Prinzivalli
Original E-mailed on June 3, 2011
j anprinzivallichotmail.com
CouRrs[Dz CLUB
May 31, 2011
The Honorable Marieo Sayoc, Chair
Planning Commissioners
Town of Los Gatos,
110 East Main Street
Los Gatos, CA 95031
RE: Albright Way Project
Dear Chair Sayoc and members of the Planning Commission:
On behalf of the Courtside Tennis Club, I am writing in support of the Albright Way
redevelopment located across Winchester Boulevard from Courtside.
We believe that the proposed planned development zoning as presented by the ownership group
is the best plan for the property. The proximity of this property to both transit and recreational
facilities make it ideal for an office and/or mixed -use development. The redevelopment of
antiquated facilities allows for the Town of Los Gatos to attract new employers and potentially
provide residential options for our community.
As a neighboring business, we are pleased to see the redevelopment of this property. This new
zoning would allow for a transit -oriented development that would help with bringing the
extension of the Vasona Light Rail line into Los Gatos. Of importance to Courtside is that the
proposal will help with our ingress/egress out onto Winchester Boulevard. Our members will
benefit from the safety that a new signal on Winchester will provide.
We strongly urge the Los Gatos Planning Commission to approve the proposed Planned
Development Zoning for Albright Way as proposed.
Sincerely,
Megan Devlin-Preiksa
Vice President/General Manager
Courtside Club
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LEFT BLANK
Original Message
From: barryrriinkinaearthlink.nefi
To: manager(a,losgatosca.gov
Sent: 6/3/2011 1:00:08 PM
Subject: PLEASE FOWARD TO TOWN PLANNING COMMISIONERS & MAYOR
Planning Commission Members -
I spoke on May 31, 2011 before the commission regarding rezoning of the development at 14600
Winchester Blvd. and Albright Way. My comments were delivered on behalf of my significant
other Jan Prinzivalli of 101 Charter Oaks Circle who also attended the meeting. We object to the
developer?s statement that residents of Charter Oaks Townhouse have no substantial comments
except for the positioning of trash receptacles. I am also a concerned resident of Los Gatos.
This e-mail will restate our objections to rezoning.
1. In today?s economy, many cities are cutting development projects. Los Gatos needs to slow
down and temper long term plans to deal with a changing world. Listen closely to the drop in
property values rather than to those who will profit from this deal. Why should the Town give
this developer a competitive market advantage over similar vacant building in the area?
2. The current research park facility is a perfect footprint for the site. The developer/Netflix
argument that building height promotes productivity or innovation is simply wrong. I studied
major R&D parks in North America as an SRI employee. The best ones were two stories or
less. E-bay Park on Hamilton Avenue in Campbell is a good model to use when upgrading the
Winchester site.
3. Traffic now from Winchester adds to the difficulty making a left or right turns onto Lark
Avenue from Charter Oaks during rush hour. Many area residents voiced their current negative
experiences on Winchester Blvd. Please wait for the traffic studies on the soccer field impact
and the North 40 plans before implemented changes.
4. Few neighbors of the property supporting this. They realize that the location and size of the
site does not lend itself to this massive development. Impacted neighborhoods would not vote
for the proposed development. Why upset residents for the sake of developer?s profits?
5. Los Gatos has too many students for existing schools. How many children are you planning
for the site?
6. The current Netflix complex visually andmentallyoverpowers the creek trail. The outof
place buildings stand out like a bad Mediterranean Disneyland. Similar buildings would increase
the distraction not to mention the additional noise and light pollution. Please preserve any
further deviation from the peaceful nature walk along the creek.
7. Los Gatos previously avoided overshadowing high developments for one to two story
buildings that fit the small town look and feel that brings people to the town. Please don't sell
out residents to developers that would destroy Los Gatos? special character.
8. Finally, as a management consultant, company or employee threats to leave or quit would
elicit warm wishes as I bid them goodbye. Has Netflix proposed any timetable for continued
business on Winchester? There was mention of shuttles not from local towns but from San
Francisco. There has been no guarantee forthcoming from Netflix even if all concessions are
made to their favor.
***On an unrelated note, the family that owned the North 40 for many decades was sent to
internment camp during WWII. Some recognition of the resilient people, who not only survived
this history but prospered afterwards, should remain with the property. Perhaps a Japanese
Garden would be appropriate.
Thank you for your kind consideration of our wishes.
Barry Minkin and Janet Prinzivalli
June 3, 2011
barryminkin@earthlink,net
EarthLink Revolves Around You.
Joel Paulson
From: Jeff Whalen <Jeff.Whalen@bridgebank.com>
Sent: Wednesday, June 01, 2011 10:23 AM
To: Joel Paulson
Cc: Taryne Kraus
Subject: meeting may 31st Re: Albright way.
Joel, if what we heard and understood last night as the planning commission's recommendation to approve the
commercial aspect ONLY of the proposed redevelopment of the site, but NOT a residential component, then I believe
progress may have been made with the surrounding neighborhoods.
After the meeting several neighbors spoke outside the chambers, and we are still concerned about your "traffic
study". By way of illustration I urge you to try to turn left out of the courtside parking lot, northbound onto
Winchester, between the hours of 4 and 6 PM. Traffic southbound from San Jose, highway 85, and Netflix all
contribute to the ever growing southbound traffic problem. By adding a signal at Albright, Courtside, and University
Avenues,(5 light within a 1/4 mile) you have now compounded the problem even if the lights are synchronized. Add to
that the proposed development of the Yuki property and one can imagine gridlock on Los Gatos Boulevard, Lark
University and Winchester between those same hours.
We in the La Rinconada (Country Club Heights) neighborhood clearly DO NOT want people shortcutting
through the residential neighborhood via Golf Links to La Rinconada avenue, to get back out to Winchester south of
Lark, to then head south on Winchester to head into los gatos town as they did during the construction of highway 85
some 16 years ago. This was typically eastbound traffic from the Quito road area, via Wedgewood, that chose this
shortcut over exiting to Winchester via Wimbledon at Winchester, because of the lights on southbound Winchester Blvd
at Wimbledon.
We were not impressed that your traffic study has adequately addressed the additional 2501< sq feet of class A
commercial space, all exiting from Albright Way on to Winchester.
However we all seem to be pleased that NO residential will ever be built there.
If that is incorrect, we expect the town to keep us informed.
Sincerely, Jeff
Jeffrey M. Whalen
Senior Vice President, Specialty Markets
Bridge Bank
55 Almaden Blvd.
San Jose, Ca. 95125
(408) - 556-8614
The information contained in this message is proprietary and/or confidential. If you are not the intended recipient, please: (i) delete the message and all copies; (ii)
do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. Bridge Bank does not accept time -sensitive instructions sent
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regulatory requirements.
1
Lack of Transparencyj
• Not a part of the General Plan
• No Vetting by Community Development Advisory
Committee
• Planning Commission given late documentation
• NO Story Poles or their equivalent
• Initial Notice only given within 300 feet
• Fast Tracked
• "DONE DEAL" May 26, 2011, Smith Ranch Court
Meeting
Solutions:
1. Send Back to Communi Development Adviso
Committee
2. Erect Story Poles or their equivalent
3. Continue Planning Commission ,Meeting for
90 days
Notify Citizens within a 5 mile radius and Notice
must include " 5 Stories and 85 Foot Height" and
"15 Year Development Deal with 5 Year Option"
5. ONE PLAN!!!!
Joel Paulson
From:
Sent:
To:
Subject:
Hello Mr, Paulson,
John Proverbs <proverbs@gmail.com>
Tuesday, May 31, 2011 7:03 PM
Joel Paulson
Fwd: 90 day continuance of PDA-10-005
I support the request for the above mentioned continuance.
John Proverbs
Neighbor at
14718 Eastview Dr,
i
Joel Paulson
From: Andy Crowe <acrowe@minervanetworks.com>
Sent: Tuesday, May 31, 2011 5:45 PM
To: Joel Paulson
Cc: Arlene Holmboe
Subject: 90 day continuance of PDA-10-005
Dear Mr. Paulson,
I would like to request a 90 continuance on the rezoning decision for the Albright Way parcel until more adequate notice
has been given to the community and story poles (or their equivalent) have been erected.
Thank you for your consideration.
Sincerely,
Andy Crowe
14770 La Rinconada Drive, Los Gatos 95032
i
Joel Paulson
From:
Sent:
To:
Cc:
Subject:
Mr. Paulson,
bmeckenstock@comcast.net
Tuesday, May 31, 2011 5:21 PM
Joel Paulson
smeckenstock@comcast.net
Re: Rezoning Project at 90-160 Albright Way, Los Gatos, CA
I am writing to you again and as a follow up to my message below. I understand that this project is
still being considered and I understand there is a meeting tonight to discuss the subject project to
continue. I am sure you have heard from many of my neighbors on this issue and we believe there is
not enough information for such a project to be considered at this time nor have we the neighborhood
been given the opportunity to voice our concerns.
Again, I strongly oppose this project!!!
Sincerely,
Brenda Meckenstock
Original Message
From: bmeckenstock@comcast.net
To: jpaulson@losgatosca.gov
Cc: smeckenstock@comcast.net
Sent: Monday, May 9, 2011 4:01:57 PM
Subject: Rezoning Project at 90-160 Albright Way, Los Gatos, CA
Mr. Paulson,
am writing to you as a homeowner in the La Rinconada neighborhood behind Courtside Club. I
have lived in my neighborhood for over 11 years and I strongly oppose the rezoning project at 90-160
Albright Way mainly due to the traffic problem that already exists and the traffic accidents that I have
seen at the corner of Winchester and Wimbledon. I have two children who attend Fisher and Los
Gatos High School. Just getting my'children to school on time on a daily basis is beyond a hassle for
a working parent and others and near misses of accidents occur all the time around the schools and
on our streets due to too much traffic on the road. We have continually had to pay additional monies
to our schools to keep programs in place and already have had to deal with a decline in our home's
value due to the economy.
For this project to come together, it would impact the safety of our neighborhood, the schools
infrastructure, the economy of our neighborhood and the the value of our home.
This cannot happen and my husband and I strongly oppose this project!
Most sincerely concerned,
1
Brenda and Scott Meckenstock -
14677 Golf Links Drive
Los Gatos, CA 95032
2
Joel Paulson
From:
Sent:
To:
Subject:
Malcolm Mosher, Jr. <mmjr@mac.com>
Tuesday, May 31, 2011 5:18 PM
Joel Paulson
Albright Way
Dear Mr. Paulson
I would like to request a 90 continuance on the rezoning decision for the Albright Way parcel until
more adequate notice has been given to the community ,and story poles (or their equivalent) have
been put up. This will allow all to gauge exactly what this project will look like to the human eye at
various points around the area.
Malcolm Mosher
14651 Golf Links Drive
Los Gatos
1
Joel Paulson
From:
Sent:
To:
Cc:
Subject:
Laura <lauramw@verizon.net>
Tuesday, May 31, 2011 5:08 PM
Joel Paulson
Arlene Holmboe
90 day continuance of PD-10-500
Dear Mr. Paulson, I do not feel the rezoning of the albright way parcel should be approved until it is clearly understood
what the impact to our Los Gatos school system is and the appropriate financial funding from the developer to handle
increased capacity is negotiated.
Sent from my iPhone
1
Joel Paulson
FIELTHISMIThswaxammannperrenkm
VIMEMIMENIZVERalitEW
From:
Sent:
To:
Cc:
Subject:
Dear Mr. Paulson,
Tim Tonges <tim@bdata.com>
Tuesday, May 31, 2011 4:46 PM
Joel Paulson
Arlene Holmboe; Tim Tonges
90 day continuance of PD-10-005
I would like to request a 90 continuance on the rezoning decision for the Albright Way parcel until more adequate notice
has been given to the community and story poles (or their equivalent) have been erected.
am, as most are in this area around the project, very disappointed that the town would be in agreement with such
minimal notification and essentially "ramming" this type of decision through committee. There has been no studies or
information such as traffic/water/sewage impact as well as the impact to the schools. It is clear the only interest being
served are those of the town budget, not of its citizens and the betterment of the area. The traffic alone in that area is a
nightmare with 3 lights within 200 yards of each other. The only other option is to take all lights down and make it an
expressway. The small town feel is being lost.
Thank you for your consideration.
Sincerely,
Tim Tonges
President & COO
BEAR Data Solutions
0: 4.08.51.0.S29 z M : 513.
www.beardatasolutions.com
$ ..
Follow us on
4668 F: l T1384.5800
1
May 31, 2011
The Honorable Marico Sayoc
Town of Los Gatos Planning Commission
Town of Los Gatos,
110 East Main Street
Los Gatos, CA 95030
RE: Support for Albright Way Rezoning
Dear Chairwoman Sayoc and Planning Commissioners:
1 would like to express •m.y support for the Albright Way Rezoning. I support the vision our
Town's General Plan calls for in this area. The Albright Way rezoning is consistent with the
Town's goals for economic development and mixed use housing including seniors. Winchester
Boulevard is one of the few parts of Los Gatos that is conducive to a transit oriented
development.
Approving this zoning with the requested five story height will retain Netflix as a major
employer and tax generator in Town. The opportunity before you will ensure that Netflix stays
and grows in Los Gatos. The economic benefits to our community are significant. and will. help
not only the Town but the schools.
Allowing residential, as part of the zoning, gives the Town future options to meet its own
housing goals. Since there are residential development triggers in the plan, no housing can even
be contemplated on the property for two and a half years. I urge the Commission to look at the
big picture, and approve this zoning because it is good planning based on sound planning
policies.
The Planning Commission and Town Council have the fortune to approve an application that
benefits our community significantly. 1. encourage you to vote to approve.
Sincerely,
Todd Trekell — Resident
34 E..Main Street
Unit B
Los Gatos, CA 95030-
Joel Paulson
From:
Sent:
To:
Cc:
Subject:
Dear Mr. Paulson,
Janice Fok <jgdfok@gmail.com>
Tuesday, May 31, 2011 3:48 PM
Joel Paulson
holmboe@losgatosca.gov
request for continuance on PD-10-005
I would like to request a 90 continuance on the rezoning decision and the Planned Development Application for the
Albright Way parcel Many members of the community are just now learning about this project, the signs on site have
very small print, and the diagrams cannot be read from the road. I would like to see the proposed 85 ft high structure
adhere to the requirement of erecting story poles, just as I have had to do on every single remodeling project I've
completed in this town. The story poles will show the community what is being proposed much more clearly than the
documents on the town website.
Thank you for your consideration.
Sincerely,
Janice Fok
La Rinconada Neighborhood Resident
1.
Joel Paulson
From:
Sent:
To:
Subject:
Dear Mr, Paulson,
Lisa Chaudoin <Ichaudoin@mindspring.com>
Tuesday, May 31, 2011 4:11 PM
Joel Paulson
90 day continuance of PD-10-005
I would like to request a 90 continuance on the rezoning decision for the Albright Way parcel until more adequate notice
has been given to the community and story poles (or their equivalent) have been erected.
Thank you for your consideration.
Sincerely,
Lisa Chaudoin
14284 Mulberry Drive
Los Gatos, CA 95032
(Wedgewood Drive area)
1
John R. Shenk
700 Emerson Street
Palo Alto, California 94301
June 16, 2011
The Honorable Joe Pirzynski
Mayor
Los Gatos Town Council Members
Town of Los Gatos,
110 East Main Street
Los Gatos, CA 95030
Re: PD-10-005 for 90, 100, 101, 120, 121, 131, 141, 151 and 160 Albright Way and 14600
Winchester Boulevard, Los Gatos
Honorable Mayor Pirzynski and Town Council Members:
On behalf of the property owner, LG Business Park, LLC, I am writing to respectfully request
the Town Council's approval of our application for the Planned Development Overlay
Zoning, the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, and Development Agreement for the above referenced property. Our
team has worked diligently with the Town's professional staff over the course of many
months to ensure that the Town Council is presentedwith a superior proposal that
incorporates economic development, and an opportunity to meet residential and / or senior
housing needs in Los Gatos.
Background
The Albright Way development has been a part of the Los Gatos community for many
decades. Currently, the site is developed with a sprawling office/research and development
project consisting of approximately 250,000 square feet in 10 buildings that were built in the
1970's. The buildings and systems are older, not energy efficient, glass lines are minimal,
and do not meet the demands of today's successful high tech companies.
The Planned Development Overlay Zoning before you will create an opportunity to attract
and retain high quality businesses with Class A office buildings, plus the potential to also
include a senior housing community and/or much needed medium to high -density housing
after the initial office development; all designed with the intent of taking full advantage of
the superior transit access available to the site. The area is directly south of the future
terminus of the Vasona Light Rail line and associated park and ride lot, VTA shuttle stop,
and Highway 85 on and off ramps. The Town of Los Gatos has identified the
Winchester/Highway 85 area as a location with great potential for the implementation of
Transit Oriented Development in its General Plan since 1994.
Project Summary
The Albright Way site is uniquely situated in the heart of the Vasona Light Rail area, an area
reaffirmed and again identified within the Town of Los Gatos 2020 General Plan as ideal for
Transit Oriented Development. The adoption of the 2020 General Plan reflects the
community's belief that Transit Oriented Development has benefits when appropriately
located. Los Gatos has successfully balanced new development in the Town by preserving
the character of the Downtown and providing opportunities for larger employers outside of
Downtown, including the Vasona Light Rail area. The success of the Los Gatos Gateway
ATTACHMENT 12
Albright Way — Town Council Letter
June 16, 2011
Page 12
development, directly to the north of the site, demonstrates how the redevelopment of a
property in the appropriate location can achieve the Town's vision while complementing the
unique qualities of Los Gatos.
The proposed Planned Development (PD) Overlay Zoning will allow a mix of land uses on
the property consistent with Transit Oriented design principles, and facilitates the
redevelopment of a group of Class C buildings into a vibrant, Class A mixed -use, more
energy efficient project that encapsulates the Town's goals. It would allow for an office only
use or a mix of office and, after following the zoning restrictions, residential and/or senior
housing uses.
The proposed PD Overlay Zoning also would set the maximum allowable height to meet the
more contemporary requirements of today's technology companies. They require
workplaces that allow for frequent contact between employees, and maximize efficiencies
both from a work environment and from a facilities standpoint. Development standards and
guidelines within the PD Overlay Zoning will ensure that the architectural approach reduces
the apparent massing of the buildings through setbacks, stepbacks, and other measures, so
that the character of Los Gatos is retained.
The proposed Planned Development Overlay Zoning also would establish the following:
• Permitted uses
• Residential development triggers
• Maximum allowable height of future structures
• Minimum property boundary setbacks to proposed structures
• Minimum parking requirements based upon uses
• Design standards for new development
Defining the design intent of the development, and establishing basic parameters for
development standards such as land use, density, height, setbacks, and parking will ensure
the Town of the nature and quality of future development. Specific site and architectural
details would be considered as a future step in the entitlement process and would include
community outreach and Town reviews. All specific development plans would be required
to conform to the planning and design parameters and standards approved as part of the PD
Overlay Zoning.
Office
The requirements of 2l' century office users are. quite different from those in the 1970s when
the existing office complex was developed. In order to attract high quality corporations, the
facilities need to be leading -edge. This means taller, more operationally functional buildings
that are efficiently designed, with floor plates that maximize natural light, and a site plan
that preserves large and useful central green space between buildings. The new buildings
will be far more energy efficient than the existing ones and will seek LEED Silver
certification. Our request for the continued commercial/office land use will allow the Town
the opportunity to enhance its employment generating land use on. the site and maintain or
dramatically improve the jobs/housing balance of the Town. It also is critical to the Town's
2011-13 Strategic Goal related to fiscal stability to facilitate the retention, expansion and
attraction of businesses, including major tax generators.
The Albright Way site and our proposed PD Overlay Zone are strategic for the Town as they
present a concrete and substantial way to achieve its fiscal and jobs -related employment
goals. To undertake such an ambitious and large-scale redevelopment, certainty on behalf of
Albright Way — Town Council Letter
June 16, 2011
Page 13
the owners and future tenants is required. The rapidly changing nature of technology and
the business climate creates challenges for today's corporate users in making real estate
decisions. Prior to making the commitment to a campus location (including the associated
long term capital investment and implications for employee recruiting and retention), these
corporations (and their shareholders) require certainty that they have the flexibility to grow
over time at a rate which may vary, and certainty that they will in fact be able to build out
the anticipated square footage without surprise or delay. The PD Overlay Zoning and the
Development Agreement uniquely combine to meet these needs. This entitlement package
secures the opportunity to capture the significant benefits of campus development for the
Town.
Housing
The 2007-2014 Housing Element of the Town's General Plan has three goals:
To increase the housing supply and the mix of housing types in an equitable manner.
To promote infill development and socioeconomic equity and protect environmental
resources.
To promote an improved intraregional relationship between jobs and housing
The Housing Element contemplates 1,600 new units in Los Gatos over its' horizon. While the
General Plan process considered potential housing sites in various parts of the Town, the
Albright Way site is actually a better housing site because it is an infill site, has less
environmental constraints, and is located within the '/ mile of proposed mass transit. The
requested PD Overlay Zone will allow residential uses on our property, provided that the
phasing triggers (requiring office development first) are met. Allowing housing as a use on a
portion of the site meets a substantial number of the Town's goals and policies related to
providing a broad range of housing to meet the diverse socioeconomic population of Los
Gatos.
Redeveloping the property to take full advantage of it as a TOD that includes the potential
for housing is the best long-term plan for the property. The potential to have residential and
senior on the site, responds to many of the community -wide housing goals. Los Gatos has
long designated the area as a place where it should "take advantage of the opportunities and
respond to the challenges created by the VLR." We are proposing a zoning that allows the
Town to proactively plan for the future consistent with its General Plan. Approving' the mix
of land uses will help Los Gatos meet its housing goals.
Height and Density
A Transit Oriented Development by definition is a set of uses that are intensified to take
advantage of its proximity to transit. The application is to facilitate a TOD on a parcel that is
less than a 1,000 feet from the terminus of a major transportation facility. We firmly believe
that this is the right location for this zoning. Furthermore, the Town's General Plan has
called for this type of development intensification in this part of Los Gatos for more than
fifteen years.
The proposed PD. Overlay Zone sets the maximum height at eighty-five feet to meet the
requirements of today's corporate office users. As you may have read in the local media
recently, marry of the largest employers in Silicon Valley (Apple, Yahoo, Google, LinkedIn,
and Facebook to name a few) are looking to expand their local real estate footprint to
accommodate their growth. They are asking cities for similar, or more often greater, heights
and densities to meet their needs.
Albright Way - Town Council Letter
June 16, 2011
Page 14
The requested height and intensification will allow for the retention of an existing corporate
user. Los Gatos' own Netflix, Inc. has identified the Albright Way site as its preferred
solution to its need for space and desire for a true campus. Netflix, Inc. has signed a Letter of
Intent, under which we have agreed to build a first phase immediately, but also give them
control over the balance of the entire site for the corning years to allow them to make their
own decision to grow at whatever pace they feel necessary. However, they have a set of
requirements that must be met in order to fully consummate a lease, The PD Overlay Zone
and Development Agreement, as submitted, needs to be approved. These entitlements are
necessary to provide the density, height and flexibility on the land use that Netflix, Inc.
requires and meets the needs of the community and other corporate users.
Development standards and guidelines within the PD Overlay Zone will ensure that the
architectural approach reduces the apparent massing of the buildings through setback,
stepbacks, and other measures, so that the character of Los Gatos is retained. These are
techniques used at the adjacent Los Gatos Gateway development. This massing approach
also is in harmony with the stylistic traditions of the Town, and _allows the buildings to
reinforce established and delightful Los Gatos architecture.
General Plan Conformance
The proposed PD Overlay Zone allows for the future development and intensification of an
existing office development. The project site is located within the Vasona Light Rail area in a
location identified by the approved 2020 General Plan as being well suited for more intense
office and residential development to support mass transit. We believe that our application
represents a balanced plan that is consistent with the Goals and Policies of the Town of Los
Gatos 2020 General Plan.
Development Agreement
The use of a development agreement to vest land use rights is a standard planning tool that
demonstrates both the Town and the owner's commitment that any major project built on the
site over a long term will meet the highest standards, as outlined within the terms of an
agreement. It provides for consistency in the entitlement process over time in exchange for
public benefits that otherwise would not be realized by the Town. This has been
accomplished, We have worked extensively with staff to identify the Community Benefit
Contributions and how the funds could be spent. However, the Town Council will have the
final decision regarding the expenditures.
We have agreed to provide the following contributions in addition to all standard Town
impact and processing fees that apply to the project today, and in addition to the Mitigation
Measures identified in the CEQA documents for the project.
• $370,000 to the Lark/University Avenue Intersection Improvements if constructed by
the Town before required for the project
• Up to $550,000 to a Transportation Improvement Benefit Fund
• Up to $650,000 to a Community Benefit Fund
Albright Way — Town Council Letter
June 16, 2011
Page 15
• Additional Residential Fee (in addition to the State mandated rates paid directly to
the school districts) of:
o $1,500 per unit 1-100 units
o $2,000 per unit 101-300 units
o $3,000 per unit 301-400 units
o $7,000 per unit 401 or more units
The Town has defined a list of possible community needs to be funded by these
contributions, including:
• The design and construction of a pedestrian bridge from the Los Gatos Creekside
Sports Park to the Los Gatos Creek Trail.
• The design and construction of capital facilities at public parks within a 1/z mile of the
project.
• The design and construction of improvements to the Los Gatos Creek Trail along
Charter Oaks Drive.
• The design and construction of affordable housing within the Town.
While these are specific community benefit contributions that the project will make to the
Town, there are substantial other public benefits generated by approving the. PD Overlay
Zone and subsequent Architecture and Site applications.
Public Benefit
Increased Economic Development Opportunities and Tax Revenue for the Town. The
proposed PD Overlay Zone provides the Town with a site that allows for the expansion of
Netflix, Inc., where there is no other viable alternative available to them in Town. This land
use provides an opportunity for tremendous benefit to the Town's long-term fiscal stability
and would assist in maintaining the Town's ability to continue to provide high quality
services to the entire community. A substantially higher property tax base and payment of
significant school fees will result from the redevelopment (regardless of use mix), which
benefits not only the Town but also the Los Gatos School Districts. Additionally, the project
creates the opportunity to retain a significant sales tax generating company in Town.
Increased incentive for the VTA to prioritize the extension of the Vasona Light Rail. The
Town has championed the importance of the extension of the Vasona Light Rail line to
provide a transit connection to San Jose's CalTrain Station and the rest of the Silicon Valley.
An important criterion used to prioritize funding at the local and state level is ridership
projections, and a willingness on the part of local jurisdictions to implement Land Use
policies that support mass transit. By approving the proposed PD Overlay Zone, the Town
would be in a much stronger position to advocate for the development of the Vasona Light
Rail extension, which is currently receiving its environmental clearance. The VTA also
commented on the project, in a letter to the Planning Commission, that they would like to see
even greater density than is currently proposed.
Enhanced Los Gatos Creek Trail experience. In addition to providing funding in the
Community Benefits for the Town to use to do the work necessary to raise the portion of
the Trail behind the Charter Oaks neighborhood that is prone to seasonal flooding, this
Albright Way — Town Council Letter
June 16, 2011
Page 16
project will include on -site landscape improvements adjacent to the Los Gatos Creek Trail
that will enhance the look and feel of this important stretch of Trail.
Providing housing options. The PD Overlay Zone allows housing to be built on the site,
after the phasing triggers are met, meeting many of the housing policies laid out in the
General Plan. Either housing option has the potential to offer critical affordable housing,
consistent with the Town's inclusionary housing requirements, to meet all economic
segments of the community.
Community Engagement
As part of our process, we met with our neighbors to provide them an opportunity to hear
about the proposed rezoning and express their ideas, make comments and suggestions. We
have held neighborhood meetings with the residents of Smith Ranch and the Charter Oaks
Townhome Association. Additionally, we have met with the neighbors from the broader La
Rinconada area. We also contacted both school districts, and met with the Los Gatos
Elementary School District. Emails were sent to every individual who sent written
correspondence to the Commission and we offered to meet with them. These meetings and
discussions allowed our team the opportunity to clarify and correct many
misunderstandings about the proposed uses, traffic improvements, community benefits, and
the phasing of future development.
As a result of comments expressed during the first Planning Commission meeting, the radius
of public noticing was expanded, and we engaged additional residents in the public review
process. These group meetings and personal contacts have resulted in our traffic consultant
exploring some additional options presented by our immediate neighbors.
Planning Commission Recommendation
The Planning Commission recommended an office only project with a maximum allowable
square footage of 550,000 square feet and a height of fifty-five feet. While we appreciate the
Planning Commission's concerns regarding change, this recommendation, if implemented,
would significantly hamper the Town's achievement of its long standing General Plan goals
set forth for the area. While the Planning Commissioners were responsive to the need to
provide a new type of office building campus in Town, they recommended against
approving the eighty- five foot height requirement articulated by Netflix, even though it is
exactly the type of employer the Town is seeking to attract. We firmly believe that the site is
the appropriate place for senior and market housing as well as additional height. While
unique in the Town, the need for office building height is significant and a necessary part of
developing a 21' century Class A office campus.. Our property is unique and allows
buildings that may reach the proposed zoning height limit to be located behind a grove of
very substantial existing trees along Winchester and parallel to Highway 85. Moreover,
these features are critical to the economics of the development. Without the proposed height
and the potential for phased housing, the economics of the entire project unravel.
The Town has the opportunity to secure the land uses of this site for the future that creates
major opportunities for achievement of the Town's goals. Designating the site for Transit
Oriented Development as proposed in the PD Zoning Overlay is sound land planning and
good public policy. The property is the only location in Los Gatos where you can maximize
these economic development opportunities and meet housing goals.
Albright Way — Town Council Letter
June 16, 2011
Page 1 7
Conclusion
The PD Overlay Zone as proposed allows the Town to achieve several of its community -
wide goals. Redeveloping the site into a Transit -Oriented Development is clearly supported
by the Town's General Plan and more specifically the Vasona Light Rail Element. The
Development Agreement documents significant contributions to pay for Town -identified
priority capital improvement projects as well as offers certainty to the owners and Netflix,
Inc. as they redevelop the property in a phased process.
I am asking that you approve a set of uses and zoning details that provide an opportunity for
economic development, make it potentially feasible to meet critical housing goals, and
certainly retain the largest and most prestigious corporate employer in Los Gatos.
I respectfully request the Town Council's approval of the Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, the Planned Development
Overlay Zoning and the Development Agreement.
We look forward to working with the Town to ensure that the PD Overlay Zoning is the best
land use decision for the Town's residents, employers, and employees.
If you have any questions or would like additional information, please contact me directly at
(408) 242-9052 or by email at jshenk@me.com.
Respectfully,
John R. Shenk
Owner's Representative & Applicant
THIS PAGE
INTENTIONALLY
LEFT BLANK
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247, 1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM:PD TO CM:PD AT
90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances
1247, 1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty)
Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as
Exhibit A and is part of this Ordinance (the "Property") from CM:PD (Controlled
Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned
Development). APN's 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance (the "PD
Overlay") authorizes the following construction and use of improvements:
1, To allow the potential for a mix of land uses, the development of the Property may consist of
office/ R&D alone or a mix of office/R&D and residential/senior residential uses, The
development of the Property could include up to a maximum of 550,000 square feet of
office/R&D space, or a combination of less office/R&D space with residential/senior residential
1
ATTACHMENT 13
uses (the "Project"). Residential uses could include up to a maximum of 516 dwelling units and
up to a maximum of 600 senior dwelling units. The specific uses for each phase of the Project
will be determined by the applicant at the Architecture & Site ("A&S") Approval stage, and any
combination of uses authorized by this PD Overlay is authorized up to the stated maximums,
subject to the Residential Development Triggers described herein, provided that the combination
of uses does not result in new or substantially more severe environmental impacts than disclosed
in the Mitigated Negative Declaration for the project dated April 11, 2011 (the "MND"). If the
combination of uses does result in new or substantially more severe environmental impacts than
discussed in the MND, then appropriate CEQA review shall be required prior to A&S Approval,
but no amendment to this PD Overlay shall be required as long as the stated maximums for each
individual use are not exceeded.
2. Uses permitted and conditionally permitted are:
Permitted Uses:
• Offices, including corporate, administrative, business, and professional offices, but
excluding medical and dental offices
• Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products)
• Ancillary office -serving retail comprising not more than 10% of the total allowed
office area for each A&S Approval.
• Office -serving uses designed to primarily serve those employed at the site or visiting
the site for business purposes, such as: recreational facilities; conference and training
2
facilities; restaurants, cafeterias. and other eating establishments; health and wellness
facilities; and ancillary uses such as on -site banking, ATMs, private post offices,
personal services (such as dry cleaning pick up) and similar support uses,
® Multi -family residential (for sale and/or rental)
® Senior Housing including without limitation, independent living, assisted living,
skilled nursing, as well as Continuing Care Retirement Community and or Residential
Care for the Elderly, including full food service and the sale of alcohol
® All uses permitted in the R-M, CM, and 0 zones, excluding medical and dental
offices, churches, sports clubs other than as accessory to a permitted use, and public
and private schools.
Conditional Uses (CUP required):
O Except as otherwise specifically permitted above, all conditional uses in the R-M, CM
and 0 zones.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V) specifically indicates otherwise, except as otherwise provided in any
applicable Development Agreement.
SECTION IV
Regardless of the type of permit, A&S Approval is required before any construction work
for the project is performed and before any permit for construction is issued. Construction
3
permits shall only be issued in a manner complying with Section 29.80.130 (Architecture and
Site Approval) of the Zoning Ordinance, subject to the provisions of any applicable
Development Agreement.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los
Gatos on March 18, 2011, 25 sheets), incorpor ated herein by this reference, constitute the
Official Development Plan. The following must be complied with before issuance of any
grading, demolition or construction permits, unless otherwise stated below. The Official
Development Plan will be modified and finalized after final Town. Council action.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1, APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with any applicable
Development Agreement. Within fifteen (15) days following Town Council approval of
this Ordinance, Applicant shall submit a revised set of Development Plans that (i)
exclude medical and dental offices, churches, sports. clubs other than as accessory to a
permitted use, and public and private schools from the list of permitted uses; (ii)
incorporate the changes required by the- conditions of approval set forth herein; and (iii)
incorporate any changes required by the Town Council, The Community Development
Director shall approve the revised Development Plans, which shall be attached to this
Ordinance as Exhibit B prior to recordation. Any further changes or modifications made
4
to the Official Development Plan shall be approved by the Community Development
Director, Development Review Committee, Planning Commission or the Town Council,
depending on the scope of the change(s), in accordance with any applicable Development
Agreement.
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. RESIDENTIAL DEVELOPMENT TRIGGERS: The Development Plans shall be revised
to reflect the following changes to the Residential Development Triggers: Until both (i)
issuance by the Town of a building permit for at least 200,000 square feet of new
office/R&D development on the Property (the "Office Trigger"), and (ii) 30 months after
the effective date of this Ordinance (the "Phasing Trigger"), the applicant will only
submit for A&S Approval and associated entitlements for new office/R&D development
on the Property,
Upon satisfaction of the Office Trigger, whether satisfied before or after the Phasing
Trigger, the Town will process A&S applications and associated' entitlements for the
Property for any uses or combination thereof permitted by the PD Overlay, up to the
maximum amounts permitted by the PD Overlay, provided that the land area of the
Property approved for non-office/R&D uses shall not exceed the land area of the Property
5
remaining after deducting the land area that is the subject of the approved building permit
for office/R&D uses.
Upon satisfaction of the Phasing Trigger, the Town will process A&S applications and
associated entitlements for the Property for any uses or combination thereof permitted by
the PD Overlay, up to the maximum amounts permitted by the PD Zoning, provided that
the land area of the Property approved for the non-office/R&D uses shall not exceed 50
percent of the total land area of the Property.
4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A&S application
shall be required for each phase of the Project. The Planning Commission shall be the
initial deciding body for the A&S applications except as otherwise provided in any
applicable Development Agreement.
5. COMMERCIAL DESIGN GUIDELINES. A&S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines,
to the extent not in conflict with the PD Overlay, and subject to the provisions of any
applicable Development Agreement.
6. MASS AND SCALE PARAMETERS. The Development Plans shall be revised to
include the following floor plate guidelines, which shall apply to the Project:
1, Maximum floor plate size of 40,000sf.
2. Each floor may not be more than x% of the first floor as follows:
1st Floor = 100%
2nd Floor = 100% - 95% of 1st Floor
3rd Floor = 95% - 90% of 1st Floor
6
4th Floor = 90% - 85% of 1st Floor
5th Floor = 85% - 80% of 1st Floor
In connection with A&S Approval, the Town shall have the discretion to approve lesser
reductions in floor plate size upon a finding that the architectural intent of an articulated
facade is achieved.
7. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS. A&S
applications shall be reviewed for compliance with applicable sections of the Guidelines
and Standards for Land Use Near Streams', subject to the provisions of any applicable
Development Agreement.
8. SUBDIVISION REQUTRED. A tentative map application shall be approved prior to the
submittal of building permits. The Development Review Committee may be the deciding
body for the tentative map.
9. BUILDING COMPOSITION. The office/R&D component shall not exceed 550,000
square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other
. amenities. There shall be up to a maximum of 516 residential dwelling units and/or a
maximum of 600 senior housing units.
10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five
stories and 85'-0" (eighty five feet zero inches), including the roof screen. The maximum
height of senior housing buildings may be up to four stories and 70'-0" (seventy feet and
zero inches), including the roof screen. The maximum height of residential buildings may
be up to 40'-0" (forty feet and zero inches), including the roof screen, and exclusive of
tower elements and other similar architectural elements which shall be reviewed using
Section 29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable
7
Development Agreement.
11. SETBACKS. Minimum setbacks are as set forth on Sheet A-9 of the Official
Development Plan (Exhibit B).
12. LOT COVERAGE. Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
13. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provide the
permitted development envelope and permitted development parameters applicable to the
Property. Final building designs in compliance with the Official. Development Plans
shall be determined during the A&S Approval process, subject to the provisions of any
applicable Development Agreement.
14. BELOW MARKET PRICE (BMP) PROGRAM. The developer shall comply with the
Town's inclusionary housing requirement as set forth in Division 6 of Article 1 of the
Zoning Ordinance and the Town's Below Market Housing Program Guidelines, subject
to the provisions of any applicable Development Agreement. A deed restriction shall be
recorded prior to issuance of building permits for residential units subject to the
inclusionary housing requirement, stating that the BMP units must be rented or sold as
below market price units pursuant to the Town's BMP requirements in place at the time
specified in the Town Code or any applicable Development Agreement.
15. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
8
16. COMPLIANCE MEMORANDUM. A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and/or final
subdivision map detailing how the Conditions of Approval will be addressed.
17. LANDSCAPE PLAN. The final Landscape plan shall be reviewed by the Consulting
Arborist as part of the A&S approval process. All Tree Protection measures
recommended by the Consulting Arborist shall be followed as specified in the MMRP.
18, TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
19. TREE FENCING'. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Fencing shall be six foot high
cyclone (chain link) attached to two-inch diameter steel posts drive 18 inches into the
ground and spaced no further than 10 feet apart. Include a tree protection fencing plan
with the construction plans.
20. RECYCLING. Prior to the issuance of a demolition permit, the developer shall provide
the Community Development Director with written notice of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company that will recycle
the materials. Receipts from the company(s) accepting these materials, noting type and
weight of material, shall be submitted to the Town prior to the Town's demolition
inspection.
21. PARKING. The minimum parking ratios for the project are 3.3 spaces/1000 square feet
for the office/R&D buildings, and 1.5 spaces per 1-bedroom unit, 2 spaces per 2-bedroom
unit, and 2 spaces per 3-bedroom unit for residential. The parking ratio for senior housing
9
will be determined after the parking surveys have been completed, as required by
Mitigation Measure TRA-5. Wheel stops may be used in the parking garages where
deemed appropriate and necessary for safety. Wheel stops shall not be used in any
surface parking areas. Parking spaces shall be double striped per Town standards.
22. NETWORK ACCESS. Network access shall be provided in the outdoor common areas,
to allow people to work outside.
23. RECREATION MITIGATION MEASURE REC-1, Provision of On -Site or Nearby
Recreational Facilities. The project applicant shall either provide access to on -site or
nearby recreational facilities for project employees under Scenario 1 and residents under
Scenarios 3 and 4.
24. PROJECT PHASING. The project phasing shall be subject to the provisions of any
applicable Development Agreement. If the applicant/developer elects to build the project
in phases, then any undeveloped site(s) for future phase(s) shall include provisions for
landscaping and other attractive low maintenance improvements, and security and
maintenance of any undeveloped land to be developed under future phases. Significant
changes to the Phasing Plan that are not in conflict with the Development Agreement
may be approved through an A&S application.
25. DEVELOPMENT IMPACT FEES. The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos -
Saratoga Union High School District (LGSUHSD) at the time of the building permit
issuance.
26 AESTHETICS MITIGATION MEASURE AES-1: Limit Visibility. In order to be
consistent with the scale and heights of adjoining commercial and residential
10
development in the project vicinity, support the objectives and policies of the General
Plan's VLR Element, and maintain the small-town character of the community, the
proposed project configuration shall implement one or both of the following measures:
a. Future office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
support the community's objective of maintaining its small-town character; and/or
b. Future office and residential structures shall be situated and designed to minimize
visual effects on the travelling public, adjacent residents, and nearby commercial
uses. The selected. project scenario shall include a design that incorporates a
combination of buildings with various rather than uniform heights; building design
features such as articulation of facades, appropriate fenestration treatment, and similar
architectural elements; and a landscaping plan that includes tree species with
appropriate height potential to maximize screening of the proposed buildings' upper
floors.
27. AESTHETICS MITIGATION MEASURE AES-2: Tree Screens. Existing landscape
trees along the northern boundary should be retained to the maximum extent possible to
more quickly provide screening from SR 85 and the Los Gatos Creek Trail.
28. AESTHETICS MITIGATION MEASURE AES-3: Landscape Plantings. Proposed
landscape plantings shall be initiated during the preliminary phases of the any approved
development scenario in order to maintain and enhance the screening of the project site
facilities from residents in the Charter Oaks neighborhood and recreationists using the
Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of
11
more replacement trees than can be accommodated on the project site, the project
applicant and Town will consider opportunities for the planting of native riparian plant
species, including trees, within the Los Gatos Creek riparian zone. These efforts will need
to be coordinated with the Santa Clara Valley Water District, which has jurisdiction over
the creek and adjoining riparian areas.
29. AIR QUALITY MITIGATION MEASURE AQ-1: Basic Construction Measures. To
limit the project's construction -related dust and criteria pollutant emissions, the following
BAAQMD-recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
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.
f. Idling time shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxic§ control measure Title 13, Section 2485 of California Code of
12
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. Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
30. AIR QUALITY MITIGATION MEASURE AQ-2: Additional Construction Measures.
The following BAAQMD Additional Construction Mitigation Measures shall be included
in contract specifications for construction:
a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG])
coatings beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3:
Architectural Coatings).
b. VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
31. AIR QUALITY MITIGATION MEASURE AQ-3: Additional NOx Reduction
Construction Measures. , The following limitations shall be included in contract
specifications for construction and adhered to during soil hauling activities (during mass
and fine grading) for each construction phase in order to ensure NOx emissions would be
reduced to less -than -significant levels (phasing parameters are defined in the
13
URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial
Study):
• Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles
roundtrip, Daily vehicle miles traveled (VMT) during mass grading shall not
exceed 1,416; daily VMT during fine grading shall not exceed 425.
• Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26 miles
roundtrip, Daily VMT during mass grading shall not exceed 1,629; daily VMT
during fine grading shall not exceed 671,
• Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles
roundtrip. Daily VMT during mass grading shall not exceed 2,318; daily VMT
during fine grading shall not exceed 625.
The contractor shall log VMTs daily and submit to the Town monthly. These limitations
shall be stipulated in construction bids, plans, and specifications.
32. AIR QUALITY MITIGATION MEASURE AQ-5: Operational Risk Reduction
• Measures, A minimum 261-foot setback from the freeway shall be required for proposed
residential uses and is considered by the BAAQMD to be sufficient to mitigate any
potentially significant impacts on any residential uses to unhealthful levels of TACs or
PM2.5,
33. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1: Protection of Nesting
Birds during Construction. The following measures shall be implemented prior to any on -
site construction activities:
a, Tree and shrub removal, pruning, and structure demolition should be conducted
14
outside of the breeding season between September 1 and January 31 to avoid impacts
to nesting birds.
b. If tree and shrub removal, pruning, and structure demolition must occur during the
breeding season (February 1 to August 31), preconstruction surveys shall be
conducted within the project footprint and a 300-foot buffer, by a qualified biologist
no more than two weeks prior to equipment or material staging, pruning/grubbing or
surface -disturbing activities. If no active nests are found, no further measures are
necessary.
c. If active nests i.e. nests with eggs or young birds present, of special -status or
migratory birds are found, non -disturbance buffers shall be established at a distance
sufficient to minimize disturbance based on the nest location, topography, cover, the
nesting pair's tolerance to disturbance and the type/duration of potential disturbance.
No work shall occur within the non -disturbance buffers until the young have fledged,
as determined by a qualified biologist. Buffer size should be determined in
cooperation with the CDFG and the USFWS. If buffers are established and it is
determined that project activities are resulting in nest disturbance, work should cease
immediately and the CDFG and the USFWS should be contacted for further
guidance.
d. If active raptor nests are found within 300 feet of construction activities, a qualified
biologist shall be on site to monitor the nests for signs of breeding/rearing disruption.
If it is determined that any construction activity is resulting in nest disturbance, work
shall cease immediately and the CDFG and the USFWS shall be contacted to develop
protective measures.
15
34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-2: Protection of Riparian
I-Iabitat during Construction. Project implementation would require the operation of
heavy equipment and machinery for an extended period of time, increasing the level of
human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding
and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may
reach significant levels without the incorporation of following measures:
a. Project construction activities shall be restricted to daylight hours; nighttime work
shall not be permitted.
b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be
directed inward and shall not cause the illumination of the adjacent riparian habitat.
c. Vehicle/equipment operations in the vicinity of the riparian corridor shall be
minimized to the extent practicable.
d. Dust control must be practiced during demolition and grading.
35, BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-3: Protection of Riparian
Habitat during Project Operation. Implementation of any of the proposed scenarios could
result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed -use
scenarios could also result in increased interaction between wildlife and domestic pets.
Such effects may reach significant levels without the incorporation of following
measures:
a. The lighting of the selected scenario shall ensure that exterior lighting is directed
inward and shall not cause the illumination of the adjacent riparian habitat.
16
b. Restrictions shall be in placed to prevent the placement of pet food containers out-of-
doors in areas accessible to wildlife.
c. Free -roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted.
d. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
36, BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-4: Tree Protection and
Replacement. In order to provide appropriate mitigation for the loss of Ordinance -
protected trees, the following measures would be required:
a. The project proponent shall secure a Tree Removal Permit from the Town of Los
Gatos prior to removing or grading within the dripline of any protected tree.
b. For the worst -case condition of tree impacts and the Town's. tree replacement
formula, the maximum number and sizes of replacement trees that could be required
are indicated as follows, but could be less depending on the final development design:
Number of Trees
Size
1282
24" box sized trees, and
4
36" box sized trees, and
4
48" box sized trees.
or
54
36" box sized trees, and
236
48" box sized trees.
Actual tree replacement would be based upon the final permitted number of trees
removed.
c. If a tree cannot be reasonably planted on the subject property, the value of the
removed tree(s) shall be paid to the Town Forestry Fund to:
Add or replace trees on public property I the vicinity of the subject property, or
17
® Replacement value of a tree shall be determined using the most recent edition of
the Guide for Plant Appraisal, as prepared by the Council of Tree and
Landscape Appraisers.
cl. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to
the Santa Clara Valley Water District, the Town may also consider accepting riparian
habitat restoration and enhancement activities as compensation for the loss of some
. protected trees on the subject property. As described above, the riparian habitat is
degraded by the presence of invasive non-native trees, which could be removed and-.
replaced with native riparian trees. From the perspective of CEQA, enhancement and
restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts
resulting from project implementation.
e. The project sponsor shall avoid planting ornamental species reported by the
California Invasive Plant Council to have the potential to be invasive. Species on this
list that can spread by wind—borne seed shall be prohibited from use in landscaping.
The proposed list of landscaping species for the project shall be reviewed and
approved by the Town.
f. In addition to conformance to the Tree Protection Ordinance, the Town arborist's
(Deborah Ellis, February 18, 2011) report also outlines protective measures before
and during construction. Additional tree protection guidelines are presented in the
Tree Protection Ordinance Section 29,10,1005. These measures shall be
implemented.
18
g.
During construction, accidental injury or removal to and protected trees shall be
reported immediately to the Town and appropriate measures taken, as identified by
the Town, to mitigate the non -permitted dainage and to prevent further accidental
impacts.
h. The Town shall implement recommendations made by the Town's consulting
arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass
design guideline recommendations encompassing the establishment of a Tree
Protection Zone to preclude the disturbance of trees to be retained on the project site,
erosion control measures, drainage control, and tree replacement requirements. In
addition, the arborist's report presents tree protection measures to be implemented
before and during project construction. These recommendations are included as
Attachment 3 of this study.
37. CULTURAL RESOURCES MITIGATION MEASURE CUL-1. Archaeological
Monitor. A qualified archaeologist shall be retained to monitor the site clearing and
grading operations in those areas where buildings will be removed and/or new
construction will occur. The archaeologist shall be present on -site to observe site clearing
at a representative sample of building removal areas until he/she is satisfied that there is
not longer a potential for finding buried resources. In the event that any potentially
significant archaeological resources are discovered, the project archaeologist shall stop
work inside a zone designated by him/her where additional archaeological resources
could be found. A plan for the evaluation of the resource shall be submitted to the
Community Development Director for approval. Evaluation normally takes the form of
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limited hand excavation and analysis of materials and information removed to determine
if the resource is eligible for inclusion on the California Register of Historic Resources
(CRI-IR).
38 CULTURAL RESOURCES MITIGATION MEASURE CUL-2. Identification of
Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to
the resource shall be submitted to the Los Gatos Community Development Department
for approval before any additional construction related earthmoving can occur inside the
zone designated as archaeologically sensitive. Mitigation could include additional hand
excavation to record and remove for analysis significant archaeological materials,
combined with additional archaeological monitoring of soils inside the archaeologically
sensitive zone.
39. CULTURAL RESOURCES MITIGATION MEASURE CUL-3. Discovery of Human
Remains. Required.monitoring will also serve to identify and hopefully reduce damage to
human burials and associated grave goods. In the event that human remains are
discovered, it shall be the responsibility of the project archaeologist to contact the County
Coroner's Office and the Native American Heritage Commission (NAHC). The NAHC is
responsible for naming a Most Likely Descendant (MLD) who shall represent tribal
interests in regards to human remains and associated grave goods. The MLD shall make
recommendations to the Community Development Director regarding the method for•
exposure and removal of human burials and associated grave goods, and shall advise the
Community Development Director regarding the place and method of reburial of these
materials.
40. GEOLOGIC MITIGATION MEASURE GEO-1. Detailed Geoteclulical Investigations.
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The project sponsor shall ensure that a design -level geotechnical investigation is
conducted for each planned site improvement. The recommendations of the geotechnical
investigation shall be incorporated in the final construction plans for the proposed project.
These recommendations shall address liquefaction, lateral spreading, ground rupture due
to liquefaction, and differential compaction.
41. GEOLOGIC MITIGATION MEASURE GEO-2: Undocumented Fill. The project
sponsor shall require- the removal of undocumented fill materials within proposed
building excavations. Reuse of the fill materials shall only be allowed if they meet the
requirements for engineered fill. Otherwise, imported engineered fill shall be required for
building excavations. Undocumented fill materials that do not meet the requirements for
engineered fill shall be reused for landscaping or in non-structural fill areas, or shall be
disposed of off -site.
42. GREENHOUSE GASES MITIGATION MEASURE GHG-1. A combination of the
following list of sustainability and design features shall be incorporated into uses
ultimately developed on the project site to achieve the overall scaled reduction in GHG
emissions necessary to meet the BAAQMD's significance threshold of 4.6 MT of GHG
per service population per year). For example; based on development project scenarios
reviewed in this report, scaled reductions would be required are as follows: 44.34 percent
for Scenarios 1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to
issuance of building permits, the project applicant shall demonstrate required scaled
reductions are achieved through incorporation of a combination of sustainable project
design features. Each measure and associated GHG reduction shall be identified and
included on all project plans and specifications. One or more of the following
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sustainability and design features, or other measures that may become available in the
future, shall be included to achieve the required scaled reductions in GHG emissions:
• Provide secure on -site bike parking (ratio. shall be at least one space per 20 vehicle
spaces).
• Provide information on transportation alternatives (i.e., bus schedules and maps)
accessible to employees within each proposed building.
• Provide preferential on -site carpool/vanpool parking.
• Increase energy efficiency beyond Title 24 by 20 percent.
• Install smart meters and programmable thermostats.
• Plant shade trees within 40 feet of the south side or within 60 feet of the west sides
of the buildings.
• Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling
load.
• Meet 2010 Green Building Code Standards.
• Seal heating, ventilation, and air conditioning (H.VAC) ducts to enhance efficiency
and reduce energy loss.
• Include solar photovoltaic or other technology to generate electricity on -site to
reduce consumption from the electrical grid.
• Implement employee telecommuting program.
• Provide showers/changing facilities on -site for employee use.
• Implement an on -site carpool matching program for employees.
• Provide on -site amenities (i.e., eating and other establishments).
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Increase the project design by 100 percent (i.e., presence of transit -oriented
development design guidelines, complete street standards).
Work with the Bay Area Air Quality Management District (BAAQMD) to
implement acceptable off -site mitigation. This involves an agreement with the
BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD
would commit to reducing the type and amount of emissions identified in the
agreement.
43. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-1.
Hazardous Materials Removal. The following measures shall be required to reduce public
health risks related to removal and disposal of hazardous materials to a less -than -
significant level:
a. The project 'sponsor shall retain a qualified professional to update the environmental
database review performed as part of the Phase 1 ESA no more than three months
prior to the start of any construction activities that would involve disturbance of
greater than 50 cubic yards of soil. The qualified professional shall prepare a report
summarizing the results of the environmental database review that assesses the
potential for any identified chemical release sites to affect soil quality at the proposed
project site and identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed.
b, The project sponsor shall retain a qualified professional to conduct appropriate
sampling to assess the presence and extent of chemicals in the soil as needed for all
construction activities under the proposed project that require disturbance of greater
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classifications and disposal regulations. The contractor shall be required to submit
the plan to the project sponsor for acceptance prior to implementation. During
construction, excess soil from construction activities shall be stockpiled and sampled
to determine the appropriate disposal requirements in accordance with applicable
hazardous waste classification and disposal regulations.
e. The project sponsor shall require the construction contractor(s) to have a contingency
plan for sampling and analysis of potential hazardous materials and for coordination
with the appropriate regulatory agencies, in the event that previously unidentified
hazardous materials are encountered during construction. If any hazardous materials
are identified, the contractor(s) shall be required to modify their health and safety
plan to include the new data, conduct sampling to assess the chemicals present, and
identify appropriate disposal methods. Evidence of potential contamination includes
soil discoloration, suspicious odors, the presence of USTs, or the presence of buried
building materials.
As discussed in Mitigation Measure HAZ-1 b, the project sponsor would remove and -
• notify the regulatory agencies of a discovered release. The assigned lead agency
would oversee all aspects of the site investigation and remedial action; and determine
the adequacy of the site investigation and remediation activities at the site.
44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-2.
Ilazardous Building Materials Removal. Prior to demolition of a building, the project
sponsor shall incorporate into contract specifications the requirement that the
contractor(s) have a hazardous building materials survey completed by a Registered
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Environmental Assessor or a registered engineer. This survey shall be completed prior to
any demolition activities associated with the project. If any friable asbestos -containing
materials or lead -containing materials are identified, adequate abatement practices, such
as containment and/or removal, shall be implemented in accordance with applicable laws
prior to demolition. Any PCB -containing equipment, fluorescent light tubes containing
mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and
legally disposed of.
45. NOISE AND VIBRATION MITIGATION MEASURE NOI-l. Detailed Acoustical
Analysis for Residential Uses. During the Architecture and Site review process, noise
attenuation measures, as specified by an acoustical engineer, shall be incorporated into
.the project design to ensure that noise levels in usable outdoor areas meet the Town's 65-
dBA (DNL) land use compatibility guideline for multi -family residential uses and interior
noise levels meet Town's and State (Title 24) interior standard of 45 dBA (DNL). Noise
attenuation measures that could be incorporated into the design to achieve these limits
include:
® Provision of acoustically -effective barriers or deck railings to meet the 65-dBA
(DNL) exterior limit.
Provision of closed windows and mechanical ventilation to achieve the 45-dBA
(DNL) interior standard.
46. NOISE AND VIBRATION MITIGATION MEASURE NOI-2. Construction -Related
Vibration Limits. To prevent cosmetic damage to existing adjacent structures, the project
contractor shall restrict equipment operations within 25 feet of adjacent structures,
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whereby surface vibration will be limited to no more than 0.2 in/sec PPV, measured at
the closest residential structures.
47. NOISE AND VIBRATION MITIGATION MEASURE NOI-3. Construction -Related
Noise Abatement: The project contractor shall demonstrate that the project complies with
the following:
a. Construction contracts specify that all construction equipment, fixed or mobile, shall
be equipped with properly operating and maintained mufflers and other state required
noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25
feet.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at
least 15 days prior to commencement of construction of each phase, regarding the
construction schedule of the proposed project. A sign, legible at a distance of 50 feet
shall also be posted at the project construction site. All notices and signs shall be
reviewed and approved by the Town of Los Gatos Public Works and Community
Development Department prior to mailing or posting and shall indicate the dates and
duration of construction activities, as well as provide a contact name and a telephone
number where residents can inquire about the construction process and register
complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public
Works and Community Development Departments, a qualified "Noise Disturbance
Coordinator," The Disturbance Coordinator shall be responsible for responding to
any local complaints about construction noise. When a complaint is received, the
Disturbance Coordinator shall notify the Town within 24 hours of the complaint and
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determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.)
and shall implement reasonable measures to resolve the complaint, as deemed
acceptable by the Public Works and Community Development Departments. All
notices that are sent to residential units immediately surrounding the construction site
and all signs posted at the construction site shall include the contact name and the
telephone number for the Disturbance Coordinator,
d. Construction haul routes shall be designed to avoid noise -sensitive uses (e.g.,
residences, convalescent homes, etc.).
e. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
f. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction
activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and
9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to
Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the
satisfaction of the Town of Los Gatos Community Development (Building)
Department, that construction noise shall not exceed 85 dBA outside of the property
line.
48. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA-1. Winchester
Boulevard and Albright Way (Unsignalized Intersection #4). The necessary
improvements to mitigate project and cumulative impacts at this intersection consist of
the signalization of the intersection with protected left -turn phasing on Winchester
Boulevard. Intersection level of service would improve to LOS B during both peak hours
with the improvements. However, based upon vehicular queuing analysis, it is
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recommended that the project entrance at Winchester Boulevard and Albright Way be
restricted to right -turn in and out only and a new signalized project entrance be provided
along Winchester Boulevard approximately 200 feet south of Albright Way. The new
signalized entrance will be aligned with the entrance to the Courtside Club forming a new
four -legged signalized intersection with signal interconnect to the signals at Winchester
Boulevard and Wimbledon Drive and Winchester Boulevard and State Route 85 (S). The
close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive
will require that the two signals be interconnected and signal timing to be synchronized.
Alternate configurations may be possible to accommodate specific project phasing. Any
interim alternate configurations must provide a level of service that conforms to the
Town's Traffic Impact Policy.
49. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA-2. University
Avenue and Lark Avenue (Unsignalized Intersection #7). The necessary improvements to
mitigate project and cumulative impacts at this intersection consist of the signalization of
the intersection with signal interconnect to and coordination with the signal at Winchester
Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C
during the AM and PM peak hours, respectively, with the improvements. It should be
noted that this intersection is projected to operate at unacceptable levels under Town of
Los Gatos 2020 General Plan Conditions. The Town of Los Gatos Draft 2020 General
Plan identifies the above improvement as a roadway improvement necessary to
accommodate the future development allowed under the 2020 General Plan. However,
due to the lack of dedicated funding sources for the improvements identified in the
General Plan, this improvement cannot be assumed to be completed under Project
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than 50 cubic yards of soil. To evaluate the potential for the presence of pesticides
and metals, sample analysis shall include dioxins and furans, chlorinated herbicides,
chlorinated pesticides, and California Title 22 metals at a minimum. If contamination
from a nearby site is indicated by the environmental database review conducted in
accordance with Mitigation Measure HAZ-1 a, then additional analysis shall be
conducted in accordance with the recommendations of the qualified professional. The
project sponsor shall also be required to notify the regulatory agencies if the •
concentration of any chemical exceeded its respective screening level.
c. For excavation activities where chemical concentrations exceed environmental
screening levels, the project sponsor shall require the construction contractor to
prepare and to implement a site safety plan, based on the results of sampling
conducted as specified in Mitigation Measure HAZ-lb, identifying the chemicals
present, potential health and safety hazards, monitoring to be performed during site
activities, soils -handling methods required to minimize the potential for exposure to
harmful levels of the chemicals identified in the soil, appropriate personnel protective
equipment, and emergency response procedures.
d. If chemical concentrations exceed environmental screening levels, the project sponsor
shall require the construction contractor(s) to prepare a material disposal plan, based
on the results of sampling conducted as specified in Mitigation Measure HAZ-lb, for
excess soil produced during construction activities. The plan shall specify the disposal
method for soil, approved disposal site, and written documentation that the disposal
site will accept the waste. If appropriate, materials may be disposed of on -site, under
foundations or in other locations in accordance with applicable hazardous waste
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Conditions, Therefore, the project will be required to fund and construct the
improvement unless other development is identified that will contribute a 'fair share'
amount toward the implementation of the improvement.
50. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA-3. Winchester
Boulevard and Lark Avenue (Signalized Intersection #6). The developer shall
interconnect and synchronize the traffic signals at the LarldUniversity, Winchester/Lark,
Winchester/Wimbledon, and Winchester/New project entry intersections to mitigate pre -
and post -project queues at the Lark Avenue intersection by preventing them from
extending into the Wimbledon Drive intersection.1 The interconnection and
synchronization improvements shall be completed prior to issuance of the first certificate
of occupancy for the development phase that triggers project entry signalization.
51. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA-4. Pedestrian and
Bicycle Access, In order to avoid potential pedestrian safety hazards, the project applicant
shall install appropriate fencing along the east side of Winchester Boulevard to prevent
pedestrians from trying. to cross the railroad tracks. Further, all required improvements
along Winchester Boulevard (including those specified in Mitigation Measure TRA-1
through TRA-3) shall be designed to accommodate the proposed Class II bikeway
designated by the 2020 General Plan for Winchester Boulevard between Lark avenue
and the northern town limit.
52, TRANSPORTATION/TRAFFIC MITIGATION -MEASURE TRA-5: Parking Survey,
I These improvements are based on an operational study of the interconnection and synchronization of traffic
signals at Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry that was
prepared Hexagon Transportation Consultants, Inc. in June 201 1 . The study concluded that interconnection and
synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn
pockets.
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During the Architecture and Site review process, a parking survey shall be completed at
other comparable facilities in the region in order to determine adequacy of proposed
parking for senior residents as well as senior facility staff under Scenario 4.
Building Division
53, PERMITS REQUIRED: A building permit shall be required for the construction of each
new structure. Separate building permits are required for site retaining walls, swimming
pools, etc; separate electrical, mechanical, and plumbing permits shall be required as
necessary.
54. CONDITIONS OF APPROVAL, The Conditions of Approval shall be stated in full on
the cover sheet of the construction plan submitted for building permit.
55. PLANS. The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer (Business and Professionals Code Section
5538).
56. 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.
57. 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 retaining wall
locations and elevations are. prepared according to approved plans. Horizontal and
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vertical controls shall be set 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
58. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR and MF-IR shall be printed on the construction plans.
59. 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 any building permits,
in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Division Service Counter. The Town Special Inspection schedule shall
be printed on the construction plans.
60. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Non -point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet is available at the Building Division service
counter.
61. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the
following agency approvals before issuance of a building permit:
a. West Valley Sanitation District: 378-2407
b. Santa Clara County Fire Department: 378-4010
c, Los Gatos Union School District: 335-2000
Note: Obtain the school district forms from the Town Building Department, (Vier the
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Building Department has approved the building plans.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
62. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications, subject to the provisions
of any applicable Development Agreement. 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.
63. DEVELOPMENT AGREEMENT. The applicant shall enter an agreement to construct
public improvements in accordance with Town Code 24.40.020, subject to the provisions
of any applicable Development Agreement.
64. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
33
Parks and Public Works Director, the grading permit will be issued concurrently with the
building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department at 110 E. Main Street is
needed for grading within the building footprint.
65. GRADING PERMIT PHASING. Phased grading permits may be allowed if approved by
the Town Attorney and the Parks and Public Works Director. Phasing may relate to
development phases or to multiple grading permits within a development phase, such as
early release of a grading permit prior to release of the building permit. Bonding of early
grading improvements may be required.
66. TENTATIVE MAP. A tentative map and A&S approval are required for each
development phase, prior to submittal for a final- or parcel map for that phase. Phased
final maps shall be permitted.
67. SUBDIVISION MAP. A final or parcel map shall be recorded. Two copies of the final /
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. A&S and Tentative Map planning applications shall be approved for each
development phase before a parcel or final map for that phase is recorded.
68. 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.
69. DEDICATIONS. The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
34
a, Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress -egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Twenty (20) feet wide, extending from the northerly
terminus of Charter Oaks, through the project site, to Winchester Blvd.
70. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided for
each building stating that the building foundation was constructed in accordance with the
approved plans shall be provided subsequent to foundation construction and prior to
construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
71. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as --built" drawings.
72. AS --BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as -built"
plans shall again be signed and "wet -stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as -built" plans shall be review and approved
the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as -built" plans
shall be provided to the Town before the Faithful Performance Security or Occupancy
Permit is released. The AutoCAD file shall include only the following information and
35
shall conform to the layer naming convention: a) Building Outline, Layer: BLDG-
OUTLINE; b) Driveway. Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING
WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer:
TENNIS -COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer:
NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the
Town's survey control network and shall be submitted in AutoCAD version 2000 or
higher.
73. FINISHED FLOOR ELEVATIONS. Finished floor elevations for all new structures shall
be higher than the 100-year water surface elevations identified on Flood Insurance Rate
Maps current at the time of building permit issuance.
74. PLAN CHECK FEES. Mapping and Grading Permit plan check fees shall be deposited
with the Town prior to plan review at the Engineering Division of the Parks and Public
.Works Department. Fee amounts are as specified in the applicable fee schedule, subject
to the provisions of any applicable Development Agreement.
75. INSPECTION FEES. The Inspection fees shall be deposited with the Town prior to
issuance of any Permit or recordation of the Final Map. Fee amounts are as specified in
the applicable fee schedule, subject to the provisions of any applicable. Development
Agreement. At the discretion of the Town Engineer, the developer shall fund a Public
Works inspector on a time and materials basis as needed for the duration of the mass
grading and drainage construction for each development phase, subject to the provisions
of any applicable Development Agreement.
76. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
36
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.
77, THIRD PARTY INSPECTOR FEES. The applicant shall pay for the inspection of public
street lighting and traffic signal related work, Inspections shall be performed by the
Town's street lighting and traffic signal contractor. An initial deposit of $5,000 shall be
made to the Town prior to issuance of an encroachment or public improvement permit.
Inspection will be on a cost recovery basis and additional inspection fees may be
required.
78, 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.
79, WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit for each development phase, subject to the discretion of the
Town Engineer.
80, STORMWATER 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 of the amended Santa Clara County NPDES Permit. The plan
shall delineate source control measures and BMP's together with the sizing calculations.
37
The plan shall be certified by a professional pre -qualified by the Town. In the event that
storm water measures proposed on the A&S approval differ significantly from those
certified on the Building/Grading Permit, the Town may require a modification of the
A&S approval prior to release of the Building Permit. The applicant may elect to have the
A&S submittal certified to avoid this .possibility.
81. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner or
Owner's Association, as appropriate, shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this project
by Town's Stormwater Discharge Permit and all current amendments or modifications.
The agreement will specify that certain routine maintenance shall be performed by the
property owner or owner's association, as applicable, and will specify device
maintenance reporting requirements. The agreement will also specify routine inspection
requirements, permits and payment of fees. The agreement shall be recorded prior to
release of any occupancy permits.
82. SITE DRAINAGE. Any storm drain inlets (public or private) shall be stenciled/signed
with appropriate "NO DUMPING - Flows to Bay" NPDES required language.
83. NPDES. On -site drainage systems for all projects shall conform to the requirements of
the Municipal Regional NPDES Permit that is current at the time of A&S approval for
each development phase. Each development phase must provide, at a minimum,
sufficient improvements to treat all development within that phase. Deferral of treatment
to future phases will not be allowed.
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84. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of any subdivision
map, or immediately prior to the issuance of a sewer connection permit, which ever event
occurs first. Written confirmation of payment of these fees shall be provided prior to
recordation of each map or issuance of a building permit.
85. 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.
86. 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.
87. TRASH ENCLOSURES. Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system.
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88. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
89. UTILITIES. All new utilities shall be placed underground.
90. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress print
to the Town for review of above ground utilities including backflow prevention devices,
fire department connections, gas and water meters, off-street valve boxes, hydrants, site
lighting, electrical/communibation!cable boxes, transformers, and mail boxes. Above
ground utilities shall be reviewed and approved by the Community Development Director
prior to issuance of any permit for each development phase.,
91. PHOTOMETRICS. Site lighting photometrics shall be provided with each Architecture
and Site application.
92. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of each subdivision map.
93. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the
Town prior to recordation of each map. The joint trench plans shall include street and/or
site lighting and associated photometrics. A letter shall be provided by PG&E stating
that public street light billing will by Rule LS2A, and that private lights shall be metered
with billing to the owners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
94. TRENCHING. Trenching within public streets will be allowed subject to the following
requirements:
40
a, The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3-inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1,5-inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre -paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend 5-feet beyond the longitudinal limits of •
trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
95. TRAFFIC IMPACT FEE. The developer shall pay the Town Traffic Impact Fee in
accordance with the Town Code and Council fee resolution in effect at the time the
building permit application is made, subject to the provisions of any applicable
Development Agreement. Credit from demolishing existing office use shall be applied
toward the new office/R&D space. It shall not be allowed toward the residential use
unless there is unused credit after all new office/R&D space A&S applications have been
approved.
96. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
41
97. TRAFFIC CIRCULATION STUDIES. In connection with the A&S Approval for each
development phase, the developer shall prepare design -level circulation plans to address
onsite circulation and project entry points from Winchester Boulevard. The plans will
identify the configuration of on -site circulation facilities and the configuration of project
entry points from Winchester Boulevard, as needed to support each development phase.
The plans shall be in accordance with the Traffic Impact Study dated March 17, 2011
previously prepared for the Albright Way Project, and mitigation measures identified
therein. The plans shall be funded by the developer and subject to Town Engineer
approval.
98. TRAFFIC IMPROVEMENTS. The following traffic improvements shall be provided in
-addition to those identified in the CEQA review. These improvements shall be
substantially complete prior to issuance of the first certificate of occupancy, and fully
complete and accepted by the Town prior to the final certificate of occupancy for the
applicable development phase.
a. New Project Entry. The applicant shall provide detailed intersection traffic analysis
for the proposed intersection configuration to Town Engineer for approval. As a
minimum, an additional right turn lane entering the project site, additional bike lanes
along Winchester Boulevard, and two left -turn lanes exiting the project site shall be
required, All cost including and not limited to traffic analysis, design, construction,
inspection, and construction management shall be borne by the applicant. The
analysis and construction shall address all four legs of the intersection, including the
Courtside leg.
42
b. Winchester Blvd./Albright Way. Construct a landscaped median island with turn
restriction signage.
c. Frontage Improvements. Paint pole and Install LED light fixture for all existing street
lights at the project frontage.
99. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards, subject to the provisions of any applicable
Development Agreement. These improvements may include but not limited to curb,
gutter, sidewalk, driveway approaches, curb ramps, street lighting (upgrade and/or
repaint) etc.
100. PUBLIC IMPROVEMENTS. Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the.
issuance of a building permit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
101. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. A slurry seal shall be provided across the full road width in
areas of trenching, road widening, median modification or construction, and where
43
striping has been ground off. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
102. PUBLIC AND PRIVATE IMPROVEMENT SECURITY. The applicant shall supply
suitable securities for all public improvements, and private circulation and drainage
infrastructure improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit for each development phase. Applicant shall provide two (2)
copies of documents verifying the cost of the applicable improvements to the satisfaction
of the Engineering Division of the Parks and Public Works Department.
103. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
104. SOILS REPORT. One copy of the soils .report shall be submitted with each grading
permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design and erosion
control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
105. SOIL EXPORT. The total soil export volume (sum of all development phases) from the
site shall not exceed 90,000 cubic yards. The contractor's project engineer shall send
44
daily trucking reports to the Engineering inspector during the export operation of each
development phase.
106. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand, and other loose debris or require all trucks to maintain at least two feet of
freeboard.
107. SOILS REVIEW. Prior to issuance of each grading permit, the applicant's soils engineer
shall review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
108. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
45
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter .months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit.
109. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall --top of wall elevations and locations
b. Toe and top of cut and fill slopes
110. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35-min or digital video camera. The survey shall
extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester
to the Campbell City limits. In addition, a pavement deflection analysis conforming to the
same limits as the photographic survey shall be performed to determine pavement
strength. The results shall be documented in a report and submitted to- the Town for
review.
111. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete
46
a post construction pavement condition survey and pavement deflection analysis to
determine whether road damage occurred as a result of project construction and whether
there were changes in pavement strength. Rehabilitation improvements required to restore
the pavement to pre -construction condition and strength shall be determined using State
of California procedures for deflection analysis. The results shall be documented in a
report and submitted to the Town for review and approval. The Applicant shall be
responsible for completing any required road repairs prior to release of a certificate of
occupancy.
112, TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of any grading permit.
113. DEMOLITION. Any existing structures that would straddle a future property line shall
be demolished prior to recordation of the final or parcel map for the applicable phase.
114. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
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
47
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.
115. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented
at construction sites greater than four acres in area:
a. Hydroseed or apply (non -toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non -toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
116. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
and property owner to make sure that all dirt tracked into the public right-of-way is
cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL
NOT be washed into the Town's storm drains.
117. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
48
118. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing .color, texture and design, and shall be constructed per Town
Standard Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
119. CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Details. The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
120. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
121. PRIVATE STREETS. All new streets shall be private.
122. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
49
123. 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.
124. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at•all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
125. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
50
b. Flag persons shall be placed at locations necessary to control one-way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
126. 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).
127. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
128. CC&R's. A copy of the CC&R's shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation.
129. AIR. QUALITY MITIGATION MEASURE AQ-4: Additional DPM Reduction
Construction Measures. Prior to the approval of project plans and specifications, the
Town Engineer, or his designee, shall confirm that the construction bid packages include
a plan demonstrating that the off -road equipment (more than 50 horsepower) to be used in
the construction project (i.e., owned, leased, and subcontractor vehicles) will achieve a
project wide fleet -average 20 percent NOx reduction and 45 percent diesel particulate
matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable
options for reducing emissions include the use of late model engines, low -emission diesel
products, alternative fuels, engine retrofit technology, after -treatment products, add -on
51
devices such as particulate filters, and/or other options as such become available. These
limitations shall be stipulated in construction bids, plans, and specifications, and shall be
enforced by the Town Engineer.
130. UTILITIES AND SERVICE SYSTEMS MITIGATION MEASURE USS-1: Preserve or
relocate existing eight -inch line sanitary sewer line. During Architecture and Site Review,
detailed utility plans shall indicate either preservation or relocation of the existing eight -
inch sanitary sewer transmission line to accommodate service for off -site flows north
through the site and establish a new sewer easement for this line. In addition, a letter from
West Valley. Sanitation District stating approval of the project, shall be provided to the
Town by the applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
131. Review of this development proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
132. Specific comments regarding construction requirements will be provided upon
submission of specific structural plans and specifications.
133. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access
roadways with a paved all weather surface, a minimum unobstructed width of 20 feet,
vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet
52
outside and 23 feet inside, and a maximum slop of 15%. For installation guides refer to
Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503
134. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide
access roadways with a paved all weather surface and a minimum unobstructed width of
30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45
feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000
pounds. (NOTE: this requirement addresses proposed high-rise structures). CFC Sec.
503
135. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not
be obstructed in any manner and, parking shall not be allowed along roadways less than
28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb face to curb face, with
parking space based on an 8 ft width. CFC Sec. 503
136. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior
to the start of combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on,
a case by case basis. CFC Sec. 501
137. FIRE SPRINKLERS REQUIRED. Approved automatic sprinklers are required in all new
and existing modified buildings when gross floor area exceeds 3,600 square feet or that
are 3 or more stories in height. Exception: One-time additions to existing buildings made
53
after 01/01/2008 that do not exceed 500 gross square feet. (NOTE: new editions of
applicable codes may require fire sprinklers in all new structures, regardless of size.)
CFC Sec. 903.2, as adopted and amended by LGTC.
138. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company.
Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of
1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the
civil drawings included with the building permit submittal. Required fees to be paid
ASAP to prevent engineering delays. (NOTE: hydrant spacing and minimum required
flow may change based upon subsequent editions of plans submitted to this office), CFC
Sec, 508.3, per Appendix B and C.
139, TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. CFC Sec. 501
54
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2011, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
• CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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55
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rI
**i*„
• 90 160 ALBRIGHT.WAYAND 14600 WINCHESTER BOULEVARD
Application No. PD-10-05
A.P.N. # 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, 063
Change of zoning map amending the Town Zoning Ordinance.
Zone Change From: CM:PD To: CM:PD
Forwarded by Planning Commission
Approved by Town Council Date:
Clerk Administrator
Mayor
Date: May 31, 2011
Ord:
EXHIBIT A
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RESOLUTION 2011-
ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION
(INCLUDING ERRATA SHEETS) AND MITIGATION MONITORING AND
REPORTING PROGRAM AND CERTIFYING THE ENVIRONMENTAL DOCUMENT.
(REZONING TO CM:PD)
APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, AND 063
PLANNED DEVELOPMENT APPLICATION: PD-10-005
NEGATIVE DECLARATION ND-11-004
PROPERTY LOCATION: 90-160 ALBRIGHT WAY AND
14600 WINCHESTER BOULEVARD
PROPERTY OWNER: LG BUSINESS PARK, LLC
APPLICANT: JOHN R. SHENK
WHEREAS:
A. This matter came before the Town Council for public hearing on June 20, 2011 and
was regularly noticed in conformance with State and Town law.
B. The Town Council has considered the proposed Mitigated Negative Declaration
(including Errata Sheets) and Mitigation Monitoring and Reporting Program, along with
comments received during the public review process and the recommendations of Town staff and
the Planning Commission. The Council hereby finds, on the basis of the whole record before it
(including the Initial Study and comments received), that all potentially significant environmental
impacts have been identified and reduced to a less than significant level by mitigations, and that
the Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and
Reporting Program reflects the Town Council's independent judgment and analysis and the
Council hereby approves and adopts the Mitigated Negative Declaration (including Errata Sheets)
and Mitigation Monitoring and Reporting Program for Planned Development PD-10-005.
The documents that constitute the record of proceedings upon which this decision is based
can be found in the Town Clerk's Office, 110 E. Main Street, in Los Gatos, California.
ATTACHMENT 15
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los
Gatos hereby adopts the Mitigated Negative Declaration (including Errata Sheets) and Mitigation
Monitoring and Reporting Program; and
BE IT FURTHER RESOLVED that in adopting the Mitigated Negative Declaration
(including Errata Sheets), the Town Council is also adopting a Mitigation Monitoring and
Reporting Program which the Council has made a condition of approval of this project to mitigate
or avoid significant environmental effects.
The Town Clerk is directed to file a Notice of Determination with the Santa Clara County
Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 20th day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\AlbrightEnv.docx
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND LG BUSINESS PARK, LLC.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Of Los Gatos Town Council declares that, after conducting a duly noticed
public hearing on June 20, 2011, to consider adoption of a Development Agreement between the
Town of Los Gatos and LG Business Park, LLC, the Town Council finds that:
a. The Planning Commission held a duly noticed public hearing on May 31, 2011, to
consider the Development Agreement and recommended that the Town Council approve the
Development Agreement.
b. The Development Agreement is consistent with the General Plan and the Los
Gatos Town Code Chapter 29 Zoning Regulations.
findings.
c. The staff report dated June 20, 2011, is approved and adopted as part of these
1
ATTACBMENT 16
SECTION II
Pursuant to Government Code section 65864, et seq., the Council adopts that certain
document entitled "Development Agreement By and Between the Town of Los Gatos and LG
Business park, LLC," subject to the attached Conditions of Approval. A copy of the
Development Agreement is on file in the office of the Town Clerk.
SECTION III
The Town Manager is hereby authorized to sign the Development Agreement on behalf
of the Town of Los Gatos after execution by the Developer.
SECTION IV
The Town Clerk is directed to record the Development Agreement within ten days after
the effective date of the Development Agreement.
Not later than five days after adoption, the Town Clerk is directed to prepare and file a
Notice of Determination with respect to the action of the Town Council.
SECTION V
Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration
(including Errata Sheets) and Mitigation Monitoring and Reporting Program were prepared for
the proposed project.
The documents that constitute the record of proceedings upon which this decision is
based can be found in the Town Clerk's office, 110 E. Main Street, in Los Gatos California.
2
SECTION VI
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the Town of .Los Gatos within fifteen days after its adoption
and shall take effect and be in force thirty days from and after its adoption.
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2011, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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ERRATA SHEET
INITIAL STUDY
90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
LOS GATOS, CALIFORNIA
PLANNED DEVELOPMENT APPLICATION PD-10-005
MITIGATED NEGATIVE DECLARATION ND-11-004
Based on new information released by the Bay Area Air Quality Management District
(BAAQMD)' and additional information provided by the applicant's consultant,2 the following
text changes have been made to the Initial Study (IS). None of the text changes would result in
new significant environmental impacts not previously disclosed in the IS.
Changes and clarifications to the Initial Study text, as outlined below, were initiated by staff
subsequent to publication of the IS to clarify content, add additional information received after
the release of the IS, or to correct the content in the IS. The following changes should be made in
the IS dated April 2011 (added text is underlined and deleted text is shown as strikeout):
Project Description
Page 1-16, last paragraph, last sentence:
"Except for the removal of ?? trees for the construction of a new entry on Winchester
Boulevard, trees on the perimeter of the property would be retained and protected to
ensure appropriate screening from residential neighborhoods adjoining the project site
(e.g. Charter Oaks neighborhood)."
Aesthetics
Page 2-14, first paragraph, last two sentences:
"The development proposal of this scale and mass would not conform to the intent of the
General Plan'.s Vision statement and the VLR Element's stated philosophy to maintain a
"small-town character" for the community, and therefore, would have a potentially
significant effect on the site's visual character. However, implementation of Mitigation
Measure AES-1, which would restrict maximum building heights to be similar to
adjoining commercial and residential development in the project vicinity and/or situate
proposed structures to minimize visual effects upon adjoining residents and the public,
would reduce this impact to a less -than -significant level."
Page 2-15, Mitigation Measure AES-1, Item a:
"a. Futur e office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
support th e community's objective of maintaining its small-town character f rom
Winchester Boulevard and State Route 85; and/or"
2 Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development,
Winchester Boulevard, Los Gatos, California, May 3, 2011.
Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011.
ATTACHMENT 17
Air Quality
Page 2-31, Mitigation Measure AQ-5:
"AQ-5: Operational Risk Reduction Measures, A minimum 261-foot setback
from the freeway shall be required for proposed residential uses and is considered
by the BAAQMD to be sufficient to mitigate any potentially significant impacts on
any residential uses to unhealthful levels of TACs or PM2 5, For any residences
developer d c 3 n. •thin 900 B a n QMD's
threshold distance but adjusted for traffic/truck volumes at the time of
development), the project applicant shall demonstrate to the Town's satisfaction
that the proposed residential setbacks are adequate or the following shall be
a. A filtered air supply system shall be installed in all residential units to
maintain positive pressure when windows are closed. The ventilation system,
whether a central HVAC (h ating, ventilation and possibly air conditioning)
or a unit by unit filtration system, shall .include high efficiency filters
meeting minimum efficiency reporting value (MERV) 13, per American
Sooiety—efHeating, Refit .. ;d—Air Conditioning —Engineers
(ASI-IRAE) Standard 52.2 (equivalent to approximately ASHRAE Standard
52.1 Dus t-85 percent) -or sh-al-l--be certif`t' ded--by a -licensed -design
professional that the ventilation system is capable of removing more than 80
percent of ambient PM2.5 from habitable areas of dwelling units.
b. -i ' tak f I -IV C shall be 1, from the freeway the
z--n-� �,a�o�,�c-ated--a��y--n-o.=�-�,�
maximum extent feasible.
c. The applicant shall also prepare and implement a plan that ensures on going
maintenance of ventilation and f+ltratie;;-systei s elud-ing-ii'
occupant's of the proper maintenance of any installed air filtration system."
Hydrology and Water Quality
Page 2-72, last three paragraphs:
"The Association of Bay Area Governments has compiled a database of Dam Failure
Inundation Hazard Maps (ABAG, 1995), The generalized hazard maps were prepared by
dam owners as required by the State Office of Emergency Services and are intended for
planning purposes only. Based on the review of these maps, the project site may be
partially in an area designated as a dam failure inundation area. This is a potentially
significant impact and would need to be confirmed during a final design level
investigation. However, the Santa Clara Valley Water District proactively performs
seismic stability evaluation and monitoring (visually and with instrumentation) of its
dams, to mitigate the potential risk to life and property. In addition, dam inundation maps
generally conservatively assume a complete release, which also has a relative low risk of
occurrence.
For the purposes of this study, it is assumed that the project site would be affected by
inundation from dam failre, but the likelihood of a failure is extremely low, and the
portion of the site that would be affected is limited to lower elevations near Los Gatos
Creek. This, in conjunction with the dam safety measures implemented by the Santa
Clara Valley Water District on an ongoing basis, would reduce the dam inundation
impact potential to a less -than -significant level. However, with implementation of
be reduced to a less than significant level.
Mitigation Mc sures Hydr,,iogy and W ter Quality (HYD)
The following measure shall be implemented by the project applicant under all Project
Scenarios to reduce the project's storm drainage impacts to less than significant levels:
IHYD 1: Establish Potential Inundation Limits. The grading plans for the
identify specific measures to be implemented in order to minimize the potential effects of
site inundation and preclude increased inundation hazards to downstream properties.
Typical methods of controlling flood hazards include the use of grading to shield the
developme ,
expect inundation elevations."
Transportation/Traffic
Page 2-115, Mitigation Measure TRA-3:
"Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An additional
400 feet of storage space per lane shall be added by extending the existing southbound
left turn lanes on Winchester Boulevard back to Wimbledon Drive. The extension of tho
southbound left turn lanes would require removal and reconstruction of the median along
Winchester Boulevard between Lark Avenue and Wimbledon Drive. Alternately, tho
Town may review and approve an operational study of the Winchester Boulevard
corridor between Lark Avenue and State Route 85 during Architecture and Site review.
The study, prepared by a licensed engineer, must show that coordination and
project queues at the Lark Avenue intersection by keeping them from extending into the
Wimbledon Drive intersection. The developer shall interconnect and synchronize the
traffic signals at the Lark/University, Winchester/Lark, Winchester/Wimbledon, and
Winchester/New project entry intersections to mitigate pre- and post -project queues at the
Lark Avenue intersection by preventing them from extending into the Wimbledon Drive
intersection.' The interconnection and synchronization improvements shall be completed
prior to issuance of the first certificate of occupancy for the development phase that
triggers project entry signalization.
These improvements are based on an operational study of the interconnection and
synchronization of traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon,
and Winchester/New project entry that was prepared Hexagon Transportation Consultants, Inc. in
June 2011. The study concluded that interconnection and synchronization of these signals would
fully mitigate project queuing impacts.w:ithout the need to lengthen turn pockets."
Page 2-116, Mitigation Measure TRA-4:
"Pedestrian and Bicycle Access. As part of Architecture and Site Review, the Town
shall speciftea-l-ly rep w and--eva-l-uate site developme„t „lans f ,. theeed to either
provide or prevent pedestrian access along ohast side of Winchester Boulevard (north of
Albright Way), In addition, a In order to avoid potential pedestrian safety hazards, the
project applicant shall install appropriate fencing along the east side of Winchester
Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, aAll
required improvements along Winchester Boulevard (including those specified in this
measure and Mitigation Measure TRA-1 through TRA-3 shall be designed to
accommodate the proposed Class II bikeway designated by the 2020 General Plan for
Winchester Boulevard between Lark avenue and the northern town limit,"
N:\DEV\JOEL\PLANNING\Albright\Environmental\Studies and Reports\ErrataAlbrightlSFinal.doc
ERRATA SHEET
MITIGATED NEGATIVE DECLARATION
90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
LOS GATOS, CALIFORNIA
PLANNED DEVELOPMENT APPLICATION PD-10-005
MITIGATED NEGATIVE DECLARATION ND-11-004
Based on new information released by the Bay Area Air Quality Management District
(BAAQMD)' and additional information provided by the applicant's consultant, 2 the following
text changes have been made to Mitigated Negative Declaration (MND). None of the text
changes would result in new significant environmental impacts not previously disclosed in the
MND.
Changes and clarifications to the MND text, as outlined below, were initiated by staff subsequent
to publication of the MND to clarify content, add additional information received after the release
of the MND, or to correct the content in the MND. The following changes should be made in the
MND dated April 2011 (added text is underlined and deleted text is shown as strikeout):
Project Description
Page 1-16, sixth paragraph, last sentence:
"Except for the removal of ?? trees for the construction of a new entry on Winchester
Boulevard, trees on the perimeter of the property would be retained and protected to
ensure appropriate screening from residential neighborhoods adjoining the project site
(e.g. Charter Oaks neighborhood)."
Aesthetics
Page 10, fifth paragraph, last two sentences:
"The development proposal of this scale and mass would not conform to the intent of the
General Plan's Vision statement and the VLR Element's stated philosophy to maintain a
"small-town character" for the community, and therefore, would have a potentially
significant effect on the site's visual character. However, implementation of Mitigation
Measure AES-1, which would restrict maximum building heights to be similar to
adjoining commercial and residential development in the project vicinity and/or situate
proposed structures to minimize visual effects upon adjoining residents and the public,
would reduce this impact to a less -than -significant level."
Page 11, Mitigation Measure AES-1, Item a:
"a. Futur e office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011.
2 Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development,
Winchester Boulevard, Los Gatos, California, May 3, 2011.
support the community's objective of maintaining its small-town character f rom
\Vinchcster Boule ..d ^.,a State ►te--84; and/or"
Air Quality
Page 22, Mitigation Measure AQ-5:
"AQ-5: Operational Risk Reduction Measures. A minimum 261-foot setback
from the freeway shall be required for proposed residential uses and is considered
by the BAAQMD to be sufficient to mitigate any potentially significant impacts on
any residential uses to unhealthful levels of TACs or PM, 5. For any residences
developed-unde' c s 3 o. r. ,thin onn et (,,r t► e B n n QMD :.ing
threshold distance but adjusted for traffic/truck volumes at the time of
development), the project applicant shall -demonstrate to the Town's satisfaction
that the proposed residential setbacks are adequate or the following shall be
provided:
a. A filtered air supply system shall be installed in all residential units to
maintain positive pressure when windows are closed. The ventilation system,
whether a central HVAC (heating, ventilation and possibly air conditioning)
or a unit by unit filtration system, shall include high efficiency filters
Society of Hgating, Refrigerating and Air Conditioning Engineers
(ASHRAE) Standard 52.2 (equivalent to approximately ASHRAE Standard
52.1 Dust Spot 85 percent` s1,a11 be c-eltified b a -lied—design
professional that the ventilation system is capable of removing more than 80
pereeat-ef-am-bient-habitable areas of dwelling units.
b. Tif—intak-es—fef—HViC. s► all " 1 anted —away m—the—freewa to —tie
maximum extent feasible.
c. The applicant shall also prepare and implement a plan that ensures on going
occupant's of the proper maintenance of any installed air filtration system."
Hydrology and Water Quality
Page 48, third, fourth, and fifth full paragraphs:
"The Association of Bay Area Governments has compiled a database of Dam Failure
Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by
dam owners as required by the State Office of Emergency Services and are intended for
planning purposes only. Based on the review of these maps, the project site may be.
partially in an area designated as a dam failure inundation area. This is a potentially
significant impact and would need to be confirmed during a final design level
investigation. However, the Santa Clara. Valley Water District proactively performs
seismic stability evaluation and monitoring (visually and with instrumentation) of its
dams, to mitigate the potential risk to life and property. In addition, dam inundation maps
generally conservatively assume a complete release, which also has a relative low risk of
occurrence.
For the purposes of this study, it is assumed that the project site would be affected by
inundation from dam failure, but the likelihood of a failure is extremely low, and the
portion of the site that would be affected is limited to lower elevations near Los Gatos
Creek. This, in conjunction with the dam safety measures implemented by the Santa
Clara Valley Water District on an ongoing basis, would reduce the dam inundation
impact potential to a less -than -significant level. However, with implementation of
Mitigation Measure HYD 2, the potential for flooding on the site from dam failure would
be reduced to a less than significant level.
Mitigation -Measures Hy 1rology and Water n�al.ity (HYD)
Scenarios to reduce the project's storm drainage impacts to less than significant levels:
HYD 1: Establish Potential Inundation Limits. The grading plans for the
project design shall indicate the potential inundation elevations on the site and will
identify specific measures to be implemented in order to minimize the potential effects of
site inundation and preclude increased inundation hazards to downstream properties.
Typical methods of controlling flood hazards include the use of grading to shield the
development from inundation, or by setting interior finished floor .elevations above
expect inundation elevations."
Transportation/Traffic
Page 79, Mitigation Measure TRA-3:
"Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An
additional 100 feet of storage space per lane shall be added by extending the
and Wimbledon Drive. Alternately, the Town may review and approve an
operational study of the Winchester Boulevard corridor between Lark Avenue and
State Route 85 during Architecture and Site review. The study, prepared by a
licensed engineer, must show that coordination and synchronization of traffic
signal -timing ANLithin this corridor fully mitigates pre and post project queues at
the Lark Avenue intersection by keeping them from extending into the
Wimbledon Drive intersection. The developer shall interconnect and synchronize
the traffic signals at the Lark/University, . Winchester/Lark,
Winchester/Wimbledon,-- and -Winchester/New-_-project - entry -intersections to
mitigate pre- and post -project queues at the Lark Avenue intersection by
preventing there from extending into the Wimbledon Drive intersection: The
interconnection and synchronization improvements shall be completed prior to
issuance of the first certificate of occupancy for the development phase that
triggers project entry signalization."
These improvements are based on an operational study of the interconnection and synchronization of
traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project
entry that was prepared Hexagon Transportation Consultants, Inc. in June 2011. The study concluded that
interconnection and synchronization of these signals would fully mitigate project queuing impacts without
the need to lengthen turn pockets.
Page 79, Mitigation Measure TRA-4:
"Pedestrian and Bicycle Access. As part -A rchitecture-aH Site Review, thee oown
shall speci-fically review and evaluate site-deve-lopment-plans-for the --need to tither
provide or prevent pedestrian access along cast side of Winchester Boulevard (north of
Albright Way). In addition, a In order to avoid potential pedestrian safety hazards, the
project applicant shall install appropriate fencing along the east side of Winchester
Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, aAll
required improvements along Winchester Boulevard (including those specified in this
measure and Mitigation Measure TRA-1 through TRA-3) shall be designed to
accommodate the proposed Class I1 bikeway designated by the 2020 General Plan for
Winchester Boulevard between Lark avenue and the northern town limit."
Page 2-116, Mitigation Measure TRA-5:
"Parking Survey. During the Architecture and Site review process, a parking survey will
need to be completed at other comparable facilities in the region in order to determine
adequacy of proposed parking for light industrial use under all Project Scenarios and for
senior residents as well as senior facility staff under Scenario 4."
N:\DEV\JOEL\PLANNING\Albright\Environmental\Studies and Reports\ErrataAlbrightMNDFinal.docx
MITIGATION MONITORING AND REPORTING PROGRAM
DATE: June 16, 2011
PROJECT: 90 - 160 Albright Way and 14600 Winchester Boulevard/
PD-10-005, ND-11-004
- Mitigation Measure
Implemen-
tation
Responsibility
Timing &
Monitoring
1. Aesthetics
Mitigation Measures — Aesthetics (AES). The following measures shall be
implemented by the project applicant under all Project Scenarios to reduce the
project's visual quality 'impacts to less -than -significant levels.
AES-1: Limit Visibility.
In order to be consistent with the scale and heights of adjoining commercial
and residential development in the project vicinity, support the objectives and
policies of the General Plan's VLR Element, and maintain the small-town
character of' the community, the proposed project configuration shall
implement one or both oldie following measures:
a. Future office and residential structures shall be limited to a height that
ensures a substantial portion of building bulk will be screened by existing
and future landscape trees to reduce the effects of building' height on
views to hillside ridgelines and support the community's objective of
maintaining its small-town character; and/or
b. Future office and residential structures shall be situated and designed to
minimize visual effects on the travelling public, adjacent residents, and
nearby commercial uses. The selected project scenario shall include a
design that incorporates a combination of buildings with various rather
than uniform heights; building design features such as articulation of
facades, appropriate fenestration treatment, and similar architectural
elements; and a landscaping plan that includes tree species with
appropriate height potential to maximize screening of the proposed
buildings' upper floors.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
Permits.
Ensure these measures
are incorporated into
project plans.
_
Monitoring: During
Construction.
AES-2: Tree Screens.
Existing landscape trees along the northeni boundary should be retained to the
maximum extent possible to more quickly provide screening from SR 85 and
the Los Gatos Creek Trail.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
. Permits,
Ensure these measures
are incorporated into
project plans.
Monitoring: During
Construction.
AES-3: Landscape Plantings.
Proposed landscape plantings shall be initiated during the preliminary phases
of the any approved development scenario in order to maintain and enhance the
screening of project site facilities from residents in the Charter Oaks
neighborhood andrecreationists using the Los Gatos Creek Trail. In the event
that the applicant is responsible for the planting of more replacement trees than
can be accommodated on the project site, the project applicant and Town will
consider opportunities for the planting of native riparian plant species,
including trees, within the Los Gatos Creek riparian zone. These efforts will
need to be coordinated with the Santa Clara Valley Water District, which has
jurisdiction over the creek and adjoining riparian areas.
Required as
a condition
of approval
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
Permits.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
Construction.
2. Agriculture and Forestry Resources
No Mitigation Measures and Monitoring required.
N/A
N/A
N/A
3. Air Quality
Mitigation Measures — Air Quality (AQ). The following measures shall be
implemented by the project applicant (Measures AQ-1 through AQ-4 apply to
all Project Scenarios, while Measure AQ-5 applies to Scenarios 3 and 4 only)
to reduce the project's air quality impacts to less -than -significant levels:
AQ-1: Basic Construction Measures.
To limit the project's construction -related dust and criteria pollutant emissions,
the following BAAQMD-recommended Basic Construction Mitigation
Measures shall be included in the project's grading plan, building plans, and
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated •into
project plans.
Monitoring: During
construction.
l
ATTACIIIMENT 18
Mitigation Measure
implemen-
tation
' Responsibility
Timing &
Monitoring
(AQ-1 continued.)
contract specifications;
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 clirt track -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of cry paver 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.
I. idling times shall be minimized either by shutting equipment off when not
in use or reducing the maximum idling time to five minutes (as required by
the California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR1). Clear signage shall he 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 mechanie and determined to be running in proper
condition prior to operation.
h. Post a publicly visible sign with. the telephone number and person to
contact at the Town regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The BAAQMD's phone
number shall also be visible to ensure compliance with applicable
regulations.
AQ-2: Additional Construction Measures. The following BAAQMD
Additional Construction Mitigation Measures shall be included in contract
specifications for construction:
a. Use low volatile organic compounds (VOC) (i.e„ reactive organic gases
[ROG]) coatings beyond the BAAQMD requirements (i,e., Regulation 8,
Rule 3: Architectural Coatings).
b. VOC content of architectural coatings shall not exceed 150 grams VOC
per liter of coating.
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction,
AQ-3: Additional NOx Reduction Construction Measures. The following
limitations shall be included in contract specifications for construction and
adhered to during soil hauling activities (during mass and fine grading) for
each construction phase in order to ensure NOx emissions would be reduced to
less -than -significant levels (phasing parameters are defined in the
URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the
Initial Study):
• Phase I: Trucks hauling soil during Phase 1 shall not travel more than
23 miles roundtrip. Daily vehicle miles traveled (VMT) during mass
grading shall not exceed 1,416;.daily VMT during fine grading shall not
exceed425.
• Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26
miles roundtrip. Daily VMT during mass grading shall not exceed 1,629;
daily VMT during fine grading shall not exceed 671.
• Phase3; Trucks hauling soil during Phase 3 shall not travel more than 36
miles roundtrip. Daily VMT during mass grading shall not exceed 2,318;
daily VMT dining fine grading shall not exceed 625..
The contractor shall log VMTs daily and submit to the Town monthly. These
limitations shall be stipulated in construction bids, plans, and specifications.
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
AQ-4: Additional UPM Reduction Construction Measures. Prior to the
approval of project plans and specifications, the Town Engineer, or his
designee, shall confirm that the construction bid packages include a plan
demonstrating that the off -road equipment (more than 50 horsepower) to be
used in the construction project (i.e., owned, leased, and subcontractor
vehicles) will achieve a project wide fleet -average 20 percent NOx reduction
and 45 percent diesel particulate matter (DPM) reduction compared to the most
recent CARB fleet average. Acceptable options for reducing emissions include
the use of late model engines, low -emission diesel products, alternative fuels,
engine retrofit technology, after -treatment products, add -on devices such as
particulate filters, and/or other options as such become available. These
limitations shall be stipulated in construction bids, plans, and specifications,
and shall be enforced by the Town Engineer.
Required as
a condition
of approval.
Directors of
Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure DPM reduction
measures are properly
incorporated into
construction bid
packages.
2
Mitigation Measure
Implcmcn-
tation
Responsibility•
Timing & '
Monitoring :.
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
AQ-5: Operational Risk Reduction Measures. A minimum 261-foot
setback from the freeway shall be required for proposed residential uses and is
considered by the BAAQMD to be sufficient to mitigate any potentially
significant impacts on any residential uses to unhealthful levels ofTACs or
PM,.S.
Required as
a condition
of approval.
Director of
Community
Development
4. Biological Resources
Mitigation Measures — Biological Resources (BIO). In order to avoid
impacts to special -status and migratory bird species during project
implementation, the measures outlined below shall be implemented under all
Project Scenarios. With the incorporation of the following measures,
significant impacts on these species would be reduced to less than significant:
BIO-1: Protection of Nesting Birds during Construction.
The following measures shall be implemented prior to any on -site construction
activities:
a. Tree and shrub removal, pruning, and structure demolition should be
conducted outside of the breeding season between September 1 and
January 31 to avoid impacts to nesting birds.
b. If tree and shrub removal, pruning, and structure demolition must occur
during the breeding season (February 1 to August 31), preconstruction
surveys shall be conducted within the project footprint and a 300-foot
buffer, by a qualified biologist no more than two weeks prior to equipment
or material staging, pruning/grubbing or surface -disturbing activities. If no
active nests are found, no further measures are necessary.
c, if active nests i.e. nests with eggs or young birds present, of special -status
or migratory birds are found, non -disturbance buffers shall be established
at a distance sufficient to minimize disturbance based on the nest location,
topography, cover, the nesting pair's tolerance to disturbance and the
type/duration of potential disturbance. No work shall occur within the
non -disturbance buffers until the young have fledged, as determined by a
qualified biologist. Buffer size should be determined in cooperation with
the CDFG and the USFWS. If buffers are established and it is determined
that project activities are resulting in nest disturbance, work should cease
immediately and the CDFG and the USFWS shocdd be contacted for
further guidance.
d. If active raptor nests are found within 300 feet of construction activities, a
qualified biologist shall be on site to monitor the nests for signs of
breeding/rearing disruption. If it is determined that any construction
activity is resulting in nest disturbance, work shall cease immediately and
the CDFG and the USFWS shall be contacted to develop protective
measures.
Required as •
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
1310-2: Protection of Riparian Habitat during Construction.
Project implementation would require the operation of heavy equipment and
machinery for an extended period of time, increasing the level of human
activity, noise, lighting, and drifting dust, potentially disrupting wildlife
breeding and normal activities in the adjacent Los Gatos Creek riparian habitat.
Such effects may reach significant levels without the incorporation of
following measures:
a. Project construction activities shall be restricted to daylight hours;
nighttime work shall not be permitted.
b. Use of elevated floodlights shall not be permitted; any exterior lighting
shall be directed inward _and shall not cause the illumination of the
adjacent riparian habitat.
c. Vehicle/equipment operations in the vicinity of the riparian corridor shall
be minimized to the extent.practicable.
d. Dust control must be practiced during demolition and grading.
Required as
a condition
of approval.
Directors of
Community \
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
3
Mitigation Measure
B1O-3: Protection of Riparian I-Iabitat during Project Operation.
Implementation of any of the proposed scemu•ios could result in increased
lighting of the riparian corridor at Los Gatos Creek. The mixed -use scenarios
could also result in increased interaction between wildlife and domestic pets.
Such effects may reach significant levels without the incorporation of
following measures:
a. The lighting of the selected scenario shall ensure that exterior lighting is
directed inward and shall not cause the illumination of the adjacent
riparian habitat.
b. Restrictions shall be in placed to prevent the placement of pet food
containers out-of-doors in areas accessible to wildlife,
c. Free -roaming domestic pets (e.g. cats, off -leash dogs) shall not be
permitted.
d. All exterior trash receptacles shall be designed and maintained to exclude
wildlife.
Implemen-
tation
Required as
a condition
of approval.
Responsibility
Directors of
Community
Development
and Parks and
Public Works
Timing &
Monitoring
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
BIO-4: Tree Protection and Replacement. In order to provide appropriate
mitigation for the loss of Ordinance -protected trees, the following measures
would be required:
a. The project proponent shall secure a Tree Removal Permit from the Town
of Los Gatos prior to removing or grading within the dripline of any
protected tree,
b. For the worst -case condition of tree impacts and the Towm's• tree
replacement. formula, the maximum number and sizes of replacement trees
that could be required are indicated as follows, but could be less depending
on the final development design:
Number of Trees
Size
1282
24" box sized trees, and
4
36" box sized trees, and
4
48" box sized trees.
or
54
36" box sized trees, and
236
48" box sized trees.
Actual tree replacement would be based upon the final permitted number
of trees removed,
c. If a tree cannot be reasonably planted on the subject property, the value of
the removed tree(s) shall be paid to the Town Forestry Fund to:
• Add or replace trees on public property I the vicinity of the subject
property, or
• Replacement value of a tree shall be determined using the most
recent edition of the Guide for Plant Appraisal, as prepared by the
Council of Tree and Landscape Appraisers.
d. Although the adjacent Los Gatos Creek corridor is not Town property,
belonging to the Santa Clara Valley Water District, the Town may also
consider accepting riparian habitat restoration and enhancement activities
as compensation for the loss of some protected trees on the subject
property. As described above, the riparian habitat is degraded by the
presence of invasive non-native trees, which could be removed and
replaced with native riparian trees. From the perspective of CEQA,
enhancement and restoration of the adjacent riparian habitat would
satisfactorily mitigate tree impacts resulting from project implementation.
e. The project sponsor shall avoid planting ornamental species reported by
the California Invasive Plant Council to have the potential to be invasive.
Species on this list that can spread by wind—borne seed shall be prohibited
from use in landscaping. The proposed list of landscaping species for the
project shall be reviewed and approved by the Town.
f. In addition to conformance to the Tree Protection Ordinance, the arborist's
report (Ellis 2011) also outlines protective measures before and during
construction. Additional tree protection guidelines are presented in the
Tree Protection Ordinance, These measures shall be implemented.
During construction, accidental injury or removal to and protected trees
shall be reported immediately to the Town and appropriate measures taken,
as identified by the Town, to mitigate the non -permitted damage and to
prevent further accidental impacts.
g•
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
4
Mitigation Nleasurc •
Implemen-
kation
Responsibility
Timing & . -
Monitoring
.(BIO-4 continued.)
h. The Town shall implement recommendations made by the Town's
consulting arborist, Deborah Ellis, in her February 18, 2011 report. These
measures encompass design guideline recommendations encompassing the
establishment of a free Protection Zone to preclude the disturbance of
trees to be retained on the project site, erosion control measures, drainage
control, and tree replacement requirements. In addition, the arborist's
report presents tree protection measures to be implemented before and
during project construction. These recommendations are included as
Attachment 3 of the Initial Study.
,
5. Cultural Resources
Mitigation Measures — Cultural Resources (CUL). The following measures
shall be implemented by the project applicant under all Project Scenarios to
reduce the project's potential impacts on archaeological resources to a less -
than -significant level:
CUL-1: Archaeological Monitor.
A qualified archaeologist shall be retained to monitor the site clearing and
grading operations in those areas where buildings will be removed and/or new
construction will occur. The archaeologist shall be present on -site to observe
site clearing at a representative sample of building removal areas until he/she is
satisfied that there is not longer a potential for finding buried resources. In the
event that any potentially significant archaeological resources are discovered,
the project archaeologist shall stop work inside a zone designated by him/her
where additional archaeological resources could be found. A plan for the
evaluation of the resource shall be submitted to the Community Development
Director for approval. Evaluation normally takes the form of limited hand
excavation and analysis of materials and information removed to determine if
the resource is eligible for inclusion on the California Register of Historic
Resources (CRHR).
Required as
a condition
of approval.
Director of
Community
Development
Monitoring: During
construction.
CUL-2: Identification of Eligible Resources.
If an eligible resource is identified, a plan for mitigation of impacts to the
resource shall be submitted to the Los Gatos Community Development
Department for approval before any additional construction related
earthmoving can occur inside the zone designated as archaeologically sensitive.
Mitigation could include additional hand excavation to record and remove for
analysis significant archaeological materials, combined with additional
archaeological monitoring of soils inside the archaeologically sensitive zone.
Required as
a condition •
of approval.
Director of
Community
Development
Monitoring: During
construction.
CUL-3: Discovery of I-Iuman Remains. Required monitoring will also
serve to identify and hopefully reduce damage to human burials and associated
grave goods. In theevent that human remains are discovered, it shall be the
responsibility of the project archaeologist to contact the County Coroner's
Office and the Native American I-Ieritage Commission (NAHC). The NAHC is
responsible for naming a Most Likely Descendant (MLD) who shall represent
tribal interests in regards to human remains and associated grave goods. The
MLD shall make recommendations to the Community Development Director
regarding the method for exposure and removal of human burials and
associated grave goods, and shall advise the Community Development Director
regarding the place and method of reburial of these materials.
Required as
a condition
of approval.
Director of
Community
Development
Monitoring: During
construction.
6. Geology and Soils
Mitigation Measures — Geology and Soils (GEO). The following measures
shall be implemented by the project applicant under all Project Scenarios to
• reduce the project's seismic, geologic, and soil impacts to less -than -significant
levels:
GEO-I: Detailed Geotechnical Investigations.
The project sponsor shall ensure that a design -level geotechnical investigation
is conducted for each planned site improvement. The recommendations of the
geotechnical investigation shall be incorporated in the final construction plans
for the proposed project. These recommendations shall address liquefaction,
lateral spreading, ground rupture due to liquefaction, and differential
compaction.
Required as
a •condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that
recommended
measures from the
design -level
geotechnical
investigation are
incorporated into
project plans.
Monitoring: During
Construction.
5
Mitigation Measure
Intplcmen-
Cation
Responsibility
Timing &
Monitoring
GEO-2: Undocumented Fill. -
The project sponsor shall require the removal of undocumented fill materials
within proposed building excavations. Reuse of the fill materials shall only be
allowed if they meet the requirements for engineered fill. Otherwise, imported
engineered fill shall be required for building excavations. Undocumented fill
materials that do not meet the requirements for engineered fill shall be reused
for landscaping or in non-structural fill areas, or shall be disposed of' off -site.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Monitoring: Ensure
that undocumented fill
materials are properly
characterized and
reused/disposed of off -
site during
construction.
7. Greenhouse Gases
Mitigation Measures — Greenhouse Gases (GIIG). The following measure
shall be implemented by the project applicant under all Project Scenarios to
reduce the project's GI-IG emissions to a less -than -significant level:
GI-IG-1: GI-IG Reduction Measures,
A combination of the following list of sustainability and design features shall
be incorporated into uses ultimately developed on the project site to achieve the
overall scaled reduction in GHG emissions necessary to meet the BAAQMD's
significance threshold of 4.6 MT of GI-1G per service population per year). For
example, based on development project scenarios reviewed in this report,
scaled reductions would be required are as follows: 44.34 percent for Scenarios
1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to
issuance of building permits, the project applicant shall demonstrate required
scaled reductions are achieved through incorporation of a combination of
sustainable project design features. Each measure and associated GI-IG
reduction shall be identified and included on all project plans and
specifications. One or more of the folbwing sustainability and design features,
or other measures that may become available in the future, shall be included to
achieve the required scaled reductions in GI-IG emissions:
• Provide secure on -site bike parking (ratio shall be at least one space per 20
vehicle spaces).
• Provide information on transportation alternatives (i.e., bus schedules and
maps) accessible to employees within each proposed building.
• Provide preferential on -site carpool/vanpool parking.
• Increase energy efficiency beyond Title 24 by 20 percent.
• Install smart meters and programmable thermostats.
• Plant shade trees within 40 feet of the south side or within 60 feet of the
west sides of the buildings.
• Install roofs with highly reflective materials (albedo of at least 30) to
reduce cooling load.
• Meet 2010 Green Building Code Standards.
• Seal heating, ventilation, and air conditioning (I-IVAC) ducts to enhance
efficiency and reduce energy loss.
• Include solar photovoltaic or other technology to generate electricity on -
site to reduce consumption from the electrical grid.
• Implement employee telecommuting program.
• Provide showers/changing faciltieis on -site for employee use.
• Implement an on -site carpool matching program for employees.
• Provide on -site amenities (i.e., eating and other establishments).
• Increase the project design by 100 percent (i.e., presence of transit -oriented
development design guidelines, complete street standards).
• Work with the Bay Area Air Quality Management District (BAAQMD) to
implement acceptable off -site mitigation. This involves an agreement with
the BAAQMD and payment of fees or the purchase of carbon credits. The
BAAQMD would commit to reducing the type and amount of emissions
identified in the agreement.
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Building Permits.
Ensure that necessary
measures are
incorporated into
project plans to ensure
that the BAAQMD
GHG significance
threshold is met.
8. Hazards and Hazardous Materials
Mitigation Measures — hazards and Hazardous Materials (HAZ). The
following measures shall be implemented by the project applicant under all
Project Scenarios to reduce the project's hazards and hazardous materials
impacts to less -than -significant levels:
6
Mitigation Measure
Implenen- H
—talon
;Responsibility '.
Timing &
Monitoring -
Prior to Architecture
and Site approval and
prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans and
contract specifications.
(8. Hazards .attd Hazardous Mateirials continued.)
HAZ-1: Hazardous Materials Removal
The following measures shall be required to reduce public,health risks related
to removal and disposal of hazardous materials to a less -than -significant level:
a. The project sponsor shall retain•a qualified professional to update the
environmental database review performed as part of the Phase 1 ESA no
more than three months prior to the start of any construction activities that
would involve disturbance agnate'. than 50 cubic yards of soil. The
qualified professional shall prepare a report summarizing the results of the
environmental database review that assesses the potential for any identified
chemical release sites to affect soil quality at the proposed project site and
identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed.
b. The project sponsor shall retain.a qualified professional to conduct
appropriate sampling to assess the presence and extent of chemicals in the
soil as needed for all construction activities under the proposed project that
require disturbance of greater than 50 cubic yards of soil. To evaluate the -
potential for the presence of pesticides and metals, sample analysis shall
include dioxins and furans, chlorinated herbicides, chlorinated pesticides,
and California Title 22 metals at a tnininntm. If contamination from a
nearby 'site is indicated by the environmental database review conducted in
accordance with Mitigation Measure HAZ-la, then additional analysis
shall be conducted in accordance with the recommendations of the
qualified professional. The project sponsor shall also be required to notify
the regulatory agencies if the concentration of any chemical exceeded its
respective screening level.
c. For -excavation activities where chemical concentrations exceed
environmental screening levels, the project sponsor shall require the
construction contractor to prepare and to implement a site safety plan,
based on the results of sampling conducted as specified in Mitigation
Measure HAZ-lb, identifying the chemicals present, potential health and
safety hazards, monitoring to be performed during site activities, soils -
handling methods required to minimize the potential for exposure to
harmful levels of the chemicals identified in the soil, appropriate personnel
protective equipment, and emergency response procedures.
d. If chemical concentrations exceed envirormental screening levels, the
project sponsor shall require the construction contractor(s) to prepare a
material disposal plan, based on the results of sampling conducted as
specified in Mitigation Measure HAZ- lb, for excess soil produced during
- construction activities, The plan shall specify the disposal•method for soil,
approved disposal site, and written documentation that the disposal site
will accept the waste. If appropriate, materials may be disposed of on -site,
under foundations or in other locations in accordance with applicable
hazardous waste classifications and disposal regulations, The contractor
shall be required to submit the plan to the project sponsor for acceptance
prior to implementation. During construction, excess soil from
construction activities shall be stockpiled and sampled to determine the
appropriate disposal requirements in accordance with applicable hazardous
waste classification and disposal regulations.
e. The project sponsor shall require the construction contractor(s) to have a
contingency plan for sampling and analysis of potential hazardous
materials and for coordination with the appropriate regulatory agencies, in
the event that previously unidentified hazardous materials are encountered
during construction. If any hazardous materials are identified, the
contractor(s) shall be required to modify their health and safety plan to
include the new data, conduct sampling to assess the chemicals present,
and identify appropriate disposal methods. Evidence of potential
contamination includes soil discoloration, suspicious odors, the presence
of USTs, or the presence of buried building materials.
As discussed in Mitigation Measure I-IAZ-lb, the project sponsor would
remove and notify the regulatory agencies of a discovered release. The
assigned lead agency would oversee all aspects of the site investigation
and remedial action; and determine the adequacy of the site investigation
and remeciation activities at the site.
Required as
a condition
of approval,
Directors of
Community
Development
and Parks and
Public Works
7
Nitigation Pleasure
Imp!emen-
tation
Responsibility
Timing &
Monitoring
I-IAZ-2: I-Iazardous Building Materials Removal.
Prior to demolition of' a building, the project sponsor shall incorporate into
contract specifications the requirement that the contractor(s) have a hazardous
building materials survey completed by a Registered Environmental Assessor
or a registered engineer. This survey shall be completed prior to any demolition
activities associated with the project. If any friable asbestos -containing
materials or lead -containing materials are identified, adequate abatement
practices, such as containment and/or removal, shall be implemented in
accordance with applicable laws prior to demolition. Any PCB -containing
equipment, fluorescent Tight tubes containing mereuy vapors, and fluorescent light
• ballasts containing DEFIP shall also be removed and legally disposed of.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Architecture
and Site approval, and
prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans and
contract specifications.
9. Hydrology and Water Quality
No Mitigation Measures and Monitoring required
N/A
N/A
N/A
10. Land Use and Planning
No Mitigation Measures and Monitoring required.
11. Mineral Resources
No Mitigation Measures and Monitoring required.
12. Noise
Mitigation Measures — Noise and Vibration (NOI). The following measures
shall be implemented by the project applicant (Measure NOI-1 applies to
Scenarios 3 and 4 only, while Measures NOI-2 and NOI-3 apply to all Project
Scenarios) to reduce the project's noise impacts to Tess -than -significant levels:
NOI-1 Detailed Acoustical Analysis for Residential Uses.
During the Architecture and Site review process, noise attenuation measures, as
specified by an acoustical engineer, shall be incorporated into the project
design to ensure that noise levels in usable outdoor areas meet the Town's 65-
cIBA (DNL) land use compatibility guideline for multi -family residential uses
and interior noise levels meet Town's and State (Title 24) interior standard of .
45 dBA (DNL). Noise attenuation measures that could be incorporated into the
design to achieve these limits include:
• Provision of acoustically -effective barriers or deck railings to meet the 65-
dBA (DNL) exterior limit.
• Provision of closed windows and mechanical ventilation to achieve the 45-
dBA (DNL) interior standard.
Required as
a condition
of approval. -
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that these noise
control measures are
incorporated into
project plans.
Monitoring: Prior to
and during
construction.
NOI-2 Construction -Related Vibration Limits.
To prevent cosmetic damage to existing adjacent structures, the project
contractor shall restrict equipment operations within 25 feet of adjacent
structures, whereby surface vibration will be limited to no more than 0.2 in/sec
PPV, pleasured at the closest residential structures.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that these noise
control treasures are
incorporated into
project plans.
Monitoring: Prior to
and during
construction.
NO1-3 Construction -Related Noise Abatement.
The project contractor shall demonstrate that the project complies with the
following:
a. Construction contracts specify that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers
and other state required noise attenuation devices, and not exceed the
ordinance noise limit of' 85 (IBA at 25 feet.
b. Property occupants located adjacent to the project boundary shall be sent a
notice, at least 15 clays prior t0 commencement of construction of each
phase, regarding the construction schedule oldie proposed project. A
sign, legible at a distance of 50 feet shall also be posted at the project
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Gracling Permit.
Ensure that these noise
control measures are
incorporated into
project plans.
Monitoring:. Prior t0
and during
construction.
8
Mitigation Measure
Implemen-
-tation
Responsibility
Timing & -
Monitoring
(NOI-3 continued.)
construction site. All notices and signs shall be reviewed and approved by
the Town of Los Gatos Public Works and Community Development
Department, prior to mailing or posting and shall indicate the dates and
duration of construction activities, as well as provide a contact name and a
telephone number where residents can inquire about the construction
process and register complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos
Public Works and Community Development Department, a qualified
"Noise Disturbance Coordinator." The Disturbance Coordinator shall be
responsible for responding to any local complaints about construction
noise. When a complaint is received, the Disturbance Coordinator shall
notify the Town within 24 hours of the complaint and determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc,) and shall
implement reasonable measures to resolve the complaint, as deemed
acceptable by the Public Works and Community Development
Department. All notices that are sent to residential units immediately
surrounding the construction site and all signs posted at the construction
site shall include the contact name and the telephone number for the
Disturbance Coordinator.
d. Construction haul routes shall be designed to avoid noise -sensitive uses
(e.g., residences, convalescent homes, etc.),
e. During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from sensitive noise receivers.
f. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035,
construction activities shall occur between the hours of 8:00 a.m. and 8:00
p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays.
Additionally, pursuant to Municipal Code Section 16.20.035(2) the
Contractor shall demonstrate, to the satisfaction of the Town of Los Gatos
Community Development (Building) Department, that construction noise
shall not exceed 85 dBA outside of the property line.
13. Population and Housing
No Mitigation Measures and Monitoring required.
14. Public Services
No Mitigation Measures and Monitoring required.
15. Recreation
Mitigation Measures — Recreation (REC). The following measure shall be
implemented by the project applicant under Project Scenarios 1, 3, and 4 to
reduce the project's increase in demand for recreational facilities to a less -than-
significant level:
REC-1: Provision of On -Site or Nearby Recreational Facilities.
The project applicant shall either provide access to on -site or nearby
recreational facilities for project employees under Scenario 1 and residents
under Scenarios 3 and 4.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Determine that
adequate recreational
facilities are provided
as part of Architecture
and Site review.
16."Transportation/Traflic
Mitigation Measures—Transportation/Traffic (TRA). The following
measures shall be implemented by the project applicant under all Project
Scenarios to reduce the project's traffic impacts to less -than -significant levels:
TRA-1: Winchester Boulevard and Albright Way (Unsignalized
Intersection #4).
The necessary improvements to mitigate project and cumulative impacts at this
intersection consist of the signalization of the intersection with protected left -
turn phasing on Winchester Boulevard. Intersection level of service would
improve to LOS B during both peak hours with the improvements. However,
based upon vehicular queuing analysis, it is recommended that the project
entrance at Winchester Boulevard and Albright Way be restricted to right -turn
in and out only and a new signalized project entrance be provided along
Winchester Boulevard approximately 200 feet south of Albright Way. The new
signalized entrance will be aligned with the entrance to the Courtside Club
forming a new four -legged signalized intersection with signal interconnect to
the signals at Winchester Boulevard and Wimbledon Drive and Winchester
Required as
a condition
of approval.
- Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of' Occupancy.
Ensure that traffic
improvements are
completed.
Mitigation: Measure
Implemen-
tation
Responsibility
Timing &
Monitoring
(TRA-1 continued.)
Boulevard and Stale Route 85(S). The close spacing of only 400 feet between
the new signal and the signal at Wimbledon Drive will require that the two
signals be interconnected and signal timing to be synchronized. Alternate
configurations may be possible to accommodate specific project phasing. Any
interim alternate configurations must provide a level of service that conforms
to the Town's Traffic Impact Policy.
TRA-2: University Avenue and Lark Avenue (Unsignalized
Required as
Directors of
Prior to Certification
Intersection #7).
a condition
Community
of' Occupancy.
The necessary improvements to mitigate project and cumulative impacts at this
of approval.
Development
intersection consist of the signalization of the intersection with signal
and Parks and
Ensure that traffic
interconnect to and coordination with the signal at Winchester Boulevard and
Lark Avenue. Intersection level of service would improve to LOS B and C
during the AM and PM peak hours, respectively, with the improvements. It
should be noted that this intersection is projected to operate at unacceptable
levels under Town of Los Gatos 2020 General Plan Conditions. The Town of
Public Works
improvements are
completed.
Los Gatos Draft 2020 General Plan identifies the above improvement as a
roadway improvement necessary to accommodate the future development
allowed tinder the 2020 General Plan. I-Iowever, due to the -lack of dedicated
funding sources for the improvements identified in the General Plan, this
improvement cannot be assumed to be completed under Project Conditions.
Therefore, the project will be required to fund and construct the improvement,
unless other development is identified that will contribute a `fair share' amount
toward the implementation of the improvement.
TI2A-3: Winchester Boulevard and Lark Avenue (Signalized
Intersection #6).
The developer shall interconnect and synchronize the traffic signals at the
Lark/University, Winchester/Lark, Winchester/Wimbledon, and
Winchester/New project entry intersections to mitigate pre- and post -project
queues at the Lark Avenue intersection by preventing them from extending into
the Wimbledon Drive intersection. The interconnection and synchronization
improvements shall be completed prior to issuance of the first certificate of
occupancy for the development phase that triggers project entry signalization.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed.
TRA-4: Pedestrian and Bicycle Access.
In order to avoid potential pedestrian safety hazards, the project applicant shall
install appropriate fencing along the east side of Winchester Boulevard to
prevent pedestrians from trying to cross the railroad tracks. Further, all
required improvements along Winchester Boulevard (including those specified
in Mitigation Measure TRA-1 through TRA-3) shall be designed to
accommodate the proposed Class II bikeway designated by the 2020 General
Plan for Winchester Boulevard between Lark avenue and the northern town
limit.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed. ,
TRA-5: Parking Survey,
During the Architecture and Site review process, a parking survey will need to
be completed at other comparable facilities in the region in order to determine
adequacy of proposed parking for senior residents as well as senior facility
staff under Scenario 4.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed.
Ensure parking survey
is completed prior to
Architecture and Site
review for Scenario 4.
1 These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University,
Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry that was prepared Hexagon Transportation Consultants, Inc. in
June 2011. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without
the need to lengthen turn pockets.
10
17. Utilities and Service Systems
Mitigation Measures — Utilities and Service Systems (USS). The following
measure shall be implemented by the project applicant under all Project
Scenarios to reduce the project's impact on existing wastewater transmission
facilities to a less -than -significant level:
Required as
Director of
Ensure that project
a condition
Parks and
plans incorporate this
USS-I: Preserve or Relocate Existing Eight -Inch Line Sanitary Sewer
of approval.
Public Works
requirement.
Line.
During Architecture and Site Review, detailed utility plans shall indicate either
preservation or relocation of the existing eight -inch sanitary sewer transmission
line to accommodate service for off -site flows north through the site and
establish a new sewer easement for this line. In addition, a letter from West
Valley Sanitation District stating. approval of the project, shall be provided to
the Town by the applicant.
- End —
N:\D EV\JOEL\PLANNING\AIbright\Environmental\MMRPPinal.doc
THIS PAGE
INTENTIONALLY
LEFT BLANK
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Attn: Town Clerk
No Fee for recording pursuant to
Government Code Section 27838
SPACE ABOVE LINE FOR RECORDER'S USE ONLY
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF LOS GATOS
a municipal corporation
AND
LG Business Park, LLC,
a limited liability company
ATTACHMENT 14
TABLE OF CONTENTS
1. Development of the Property 3
2. Effect of Agreement 9
3. Term. 13
4. Dedications, Vacations, Contributions, and Community Benefit 14
5. Standard of Review of Permits. 18
6. Priority of Enactment. 18
7. Cooperation in Implementation. 19
8. Periodic Review. 19
9. Affordable Housing. 21
10. Prevailing Wage 21
11. Reimbursements 22
12. Default and Remedies. 22
13. Amendment or Termination 23
14. Mortgagee Protection 24
15. Assignability. 27
16. General. 29
18. Notices. 33
19. Owner is an Independent Contractor. 34
20. Project as a Private Undertaking 34
21. Nondiscrimination 34
22. Force Majeure. 34
23. Amendments. 35
24. No Third Party Beneficiary 35
25. Dispute Resolution 35
26. Consent. 36
27. Covenant of Good Faith and Fair Dealing. 36
28. Authority to Execute. 36
29. Attorneys' Fees. 36
30. Counterparts. 36
31. No Personal Liability. 37
32. Recordation. 37
Table of Contents Page i of i
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered as of this day of
, 2011, by and between THE TOWN OF LOS GATOS ("Town"), a California
municipal corporation, and LG Business Park, LLC ("Owner"), a limited liability company.
Town and Owner are referred to individually as "Party" and collectively as the "Parties."
Recitals
The following recitals are a substantive part of this Agreement:
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings
and intentions:
1. Section 65864 et seq. of the California Government Code authorizes Town to establish
procedures to enter into binding Development Agreements with persons having legal or equitable
interests in real property located within the Town for development of the property.
2. At the time of execution of this Agreement, Owner is the fee owner of the property
("Property") governed by this Agreement, comprising an approximate 21.6 acre site located at the
intersection of Albright Way and Winchester Boulevard in the Town of Los Gatos, further described
in Exhibit A attached hereto and incorporated by this reference. References to Owner include
Owner's assignees and all successors in interest to any portion of the Property.
3. The Owner applied for certain land use approvals ("Approvals"), as more particularly
defined in Section 1.1) affecting the Property, including the environmental review, planned
development overlay zoning of the Property, and development agreement. The development of the
Property as described in the Approvals is referred to herein as the "Project". The Approvals
authorize Owner to implement the Project by improving the Property and constructing buildings,
access and parking facilities, and infrastructure improvements described in the Approvals.
Development Agreement
Albright Way LG Business Park
Page 1 of 38
4. Town and Owner acknowledge that development and construction of the Project is a large-
scale undertaking involving major investments by Owner and Town, with development occurring in
phases over several years. Certainty that the Project can be developed and used in accordance with
the Approvals will benefit Owner and Town, and provide to both parties a long-term plan for
development of the Property.
5. Town is willing to enter this Agreement for the following reasons: reduce uncertainties in
planning and provide for the orderly development of the Project; provide public improvements;
strengthen the Town's economic base with high -quality long-term jobs, in addition to shorter -term
construction jobs; generate substantial revenues for the Town in the form of one time and annual
fees and exactions, increased property and sales tax, and other fiscal benefits; if high -density
residential and/or senior housing is constructed on the Property, provide a variety of needed housing;
meet the goals of the General Plan; and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted (collectively, the "Public Benefits"). Town and
Owner recognize and agree that but for Owner's contributions (Public Benefits), Town would not
approve entitlements of the Property as provided by the Approvals and this Agreement.
6. Town's willingness to enter into this Agreement is a material inducement to Owner to
implement the Project, and Owner proposes to enter this Agreement in order (i) to obtain assurance
from Town that the Property may be developed, constructed, completed and used pursuant to the
Approvals and in accordance with existing policies, rules and regulations of the Town, subject to the
limitations expressed herein; and, (ii) to provide for a coordinated and systematic approach to
funding the cost of certain public improvements and facilities planned by the Town, and to establish
the timing and extent of contributions required from Owner for these purposes.
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7. On May 31, 2011, Town's Planning Commission held a duly noticed public hearing on this
Agreement and (i) determined that consideration of this Agreement complies in all respects with
CEQA; (ii) determined that this Agreement is consistent with the Town's General Plan; and (iii)
recommended that the Town Council approve this Agreement.
8. On , 2011, the Town Council held a duly noticed public hearing on this
Agreement and determined that consideration of this Agreement complies in all respects with
CEQA; found this Agreement to be consistent with the Town's General Plan; and, introduced
Ordinance No. approving this Agreement.
9. On , 2011, the Town Council adopted Ordinance No. , enacting
this Agreement. This Agreement became effective on , 2011 ("Enactment
Date").
10. Owner requested the Town to consider entering into a development agreement and
proceedings have been taken in accordance with state law.
NOW, THEREFORE, pursuant to the authority contained in Section 65864 et seq., of the
California Government Code and in consideration of the mutual covenants and promises of the
Parties, the Parties agree as follows:
Agreement
1. Development of the Property
1.1 Approvals. Owner has applied for and obtained various environmental and land
use approvals and entitlements related to the development of the Property, as described below.
Owner shall have the right to develop the Property in accordance with the provisions of this
Agreement and the Approvals. For purposes of this Agreement, the term "Approvals" shall
mean:
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(a) MND. The Initial Study and Mitigated Negative Declaration, which was
prepared pursuant to CEQA, was recommended for approval by the Planning Commission on
May 31, 2011, and approved with findings and a Mitigation Monitoring and Reporting Program
(the "MMRP") by the Town Council on , by Resolution No. (the
"MND").
(b) PD Overlay Zone. On , following Planning
Commission review and recommendation, and after a duly noticed public hearing, the Town
Council, by Ordinance No. , approved a Planned Development Overlay Zone subject to
performance standards and conditions of approval as provided in said ordinance (the "PD
Zone") for the Property, which establishes the permitted uses of the Property and the
development standards and design guidelines that will govern development at the Project. The
PD Zone Ordinance is attached as Exhibit B and incorporated herein.
(c) Development Agreement. On , following Planning
Commission review and recommendation, and after a duly noticed public hearing, the Town
Council, by Ordinance No. , approved this Agreement and authorized its execution.
(d) Subsequent Approvals. In order to develop the Project as contemplated' in this
Agreement, the Project may require land use approvals, entitlements, development permits, and
use and/or construction approvals other than those listed in this Section 1.1, which may include,
without limitation: Architecture and Site ("A&S")Approval, conditional use permits, variances,
subdivision approvals, street abandomnents, design review approvals, demolition permits,
improvement agreements, infrastructure agreements, grading permits, building permits, right-of-
way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of
occupancy, certificates of use & occupancy, parcel maps, lot splits, landscaping plans, master
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sign programs, sign permits, transportation demand management programs, encroachment
permits, and amendments thereto and to the Approvals (collectively, "Subsequent Approvals").
At such time as any Subsequent Approval applicable to the Property is approved by the Town,
then such Subsequent Approval shall become subject to all the terms and conditions of this
Agreement applicable to Approvals and shall be treated as an "Approval" under this Agreement.
1.2 Permitted and Conditional Uses. The permitted uses for this Property are those set forth in
the PD Zone as follows.
Permitted Uses:
a. Offices, including corporate, administrative, business, and professional offices,
but excluding medical and dental offices
b. Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products)
c. Ancillary office -serving retail comprising not more than 10% o of the total allowed
office area for each A&S Approval.
d. Office -serving uses designed to primarily serve those employed at the site or
visiting the site for business purposes, such as: recreational facilities; conference and
training facilities; restaurants, cafeterias and other eating establishments; health and
wellness facilities; and ancillary uses such as on -site banking, ATMs, private post offices,
personal services (such as dry cleaning pick up) and similar support uses.
e. Multi -family residential (for sale and/or rental)
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£ Senior Housing including without limitation, independent living, assisted living,
skilled nursing, as well as Continuing Care Retirement Community and or Residential
Care for the Elderly, including full food service and the sale of alcohol
g.
All uses permitted in the R-M, CM, and 0 zones, excluding medical and dental
offices, churches, and sports clubs other than as accessory to a permitted use, and public
and private schools.
Conditional Uses (CUP required):
a. Except as otherwise specifically permitted above, all conditional uses in the R-M,
CM and 0 zones
1.3 Present Right to Develop. Town hereby grants to Owner the present vested right to develop
and construct on the Property all the improvements authorized by, and in accordance with, the terms
of the Approvals and the Applicable Rules (defined below), subject to Owner's compliance with this
Agreement. The permitted uses of the Property, the maximum density and/or number of residential
units, the intensity of use, the maximum height of the proposed buildings, building sizes, provisions
for reservation or dedication of land for public purposes, parking ratios except for senior residential,
the conditions, terms, restrictions, and requirements for subsequent discretionary actions, the
provisions for public improvements and financing of public improvements, and the other terms and
conditions of development applicable to the Property (including, without limitation development
standards such as setbacks and design guidelines) are as set forth in:
(a) The General Plan of the Town of Los Gatos, current as of the Enactment Date;
(b) The Code of the Town of Los Gatos, current as of the Enactment Date;
(c) All other applicable Town ordinances, resolutions, regulations, and policies in effect
as of the Enactment Date, unless otherwise specifically designated herein, which regulate
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development of the Property and implementation of the Project, and which are not inconsistent with
the terns of this Agreement (items (a), (b) and (c) are referred to collectively as the "Applicable
Rules"); and
(d) the Approvals;
and are vested in Owner, subject to the provisions of this Agreement (the "Vested Elements").
1.4 Timing of Improvements.
(a) Owner may implement the Project in phases, only as described herein or as outlined
in the Approvals. All or any portion of the Existing Development is permitted to remain in place
and continue in office/research and development use during the Tenn of this Agreement. Subject
to the Phasing Triggers set forth in the PD Zone, the Project may be constructed in phases based
on market conditions, such that at any time during the Tema of this Agreement, the Property may
be improved partially with the Existing Development and partially with the early phase(s) of the
Project.
(b) To the extent that this Agreement does not specify the timing of development of the
Project, it is the Parties' intent to prevent any later -adopted initiative restricting the timing of
development from prevailing over this Agreement by acknowledging and providing that, subject
to any phasing requirements that may be required by the Approvals, including without limitation
the Phasing Triggers provided in the PD Zone, Owner shall have the right to develop the
Property in such order and at such rate and at such times as Owner deems appropriate within the
exercise of its subjective business judgment.
(c)
Moratorium. No Town -imposed moratorium or other limitation, whether imposed
by Town sponsored ordinance, initiative, resolution, policy, order or otherwise, and whether
enacted by the Town Council, an agency of Town, the electorate, or otherwise, (collectively
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"Moratorium") affecting Subsequent Approvals shall apply to the Property to the extent
such Moratorium is in conflict with this Agreement; provided, however, that the provisions of
this Section shall not affect Town's compliance with Moratoria required by Changes in the Law
(as defined in Section 2.1), required to prevent a condition dangerous to health or safety, or
required by court order.
1.5 Agreement and Comprehensive Development Plan. The Parties acknowledge that, except as
specifically set forth herein, this Agreement and the Approvals set forth a comprehensive schedule of
all development terms and conditions, development mitigation measures and fees, special
assessments, special taxes, exactions, fees in -lieu, charges and dedications required in the public
interest to be contributed, paid or constructed due to development of the Property as defined in the
Approvals.
1.6 Design of On -Site and Off -Site Improvements. Development of the Property shall be subject
to final A&S review by Town pursuant to the Applicable Rules; and subject to the Approvals. The
Applicable Rules and the Approvals, and all improvement plans prepared in accordance therewith,
shall govern the design and scope of all on -site and off -site improvements benefiting or to be
constructed on the Property, including all street widths and dedications.
1.7 Owner's Obligation Regarding Development of the Property. In consideration for the Town
entering into this Agreement, to the extent Owner develops the Property, Owner agrees to perform
all of its obligations contained in this Agreement, including, but not limited to planning, designing
and constructing the Project on the Property in accordance with the Approvals and the Applicable
Rules. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement is
intended to create any affirmative development obligations to develop all or any portion of the
Project, or any liability to Owner under this Agreement if all or any portion of the development does
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not occur.
2. Effect of Agreement
2.1 Subsequent County, Regional, State or Federal Laws or Regulations. As provided in
California Government Code Section 65869.5, this Agreement shall not preclude the application to
the Project of changes in laws, regulations, plans or policies, to the extent that such changes are
specifically mandated and required by changes in county, regional, state or federal laws or
regulations ("Changes in the Law"). In the event Changes in the Law prevent or preclude
compliance with one or more provisions of this Agreement, the Parties shall meet in good faith to
determine the feasibility of any modification or suspension of this Agreement that maybe necessary
to comply with such Changes in the Law and to determine the effect such modification or suspension
would have on the purposes and intent of this Agreement. Following the meeting between the
Parties, the provisions of this Agreement may, to the extent feasible, and upon mutual agreement of
the Parties, be modified or suspended, but only to the minimum extent necessary to comply with
such Changes in the Law. In such an event, this Agreement, together with any required
modifications, shall continue in full force and effect. In the event that Changes in the Law
irremediably prevent Owner from being able to proceed with the Project consistent with the Vested
Elements, then Owner may terminate this Agreement and Town reserves the right to take action to
rezone the Property, in accordance with applicable law.
2.2 Changes to Existing Land Use Regulations. Except as otherwise specifically provided in
this Agreement, the Project is governed by the Applicable Rules and the Approvals. Any
changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans,
Zoning Ordinances, or other rules, regulations, ordinances, or policies of Town (collectively,
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"Future Rules") shall only apply to the Project if they are not in conflict with the Vested .
Elements, unless agreed to by Owner in writing, or required to prevent a condition dangerous to
health and safety, required by Changes in Law, or expressly permitted by this Agreement. If
Future Rules expand, extend, enlarge or broaden Owner's rights to develop the Property or the
Project, then Owner may elect for such Future Rules to apply to the development of the Property
or the Project.
2.3 Further Reviews and Subsequent Approvals.
2.3.1 Scope of Review: The scope of the review of applications for Subsequent Approvals
shall be limited to a review of substantial conformity with the Vested Elements and the Applicable
Rules. Where such substantial conformity with the Vested Elements and the Applicable Rules
exists, Town shall not deny an application for a Subsequent Approval for the Project. No conditions
imposed on Subsequent Approvals shall require dedications, reservations, construction, or funding of
public infrastructure or public improvements beyond those included in the PD Zone, the MMRP, and
this Agreement, so long as proposed Subsequent Approvals are consistent with Vested Elements.
2,3.2. Processing Fees: The term "Processing Fees" mean fees charged on a Town wide
basis to cover the cost of Town review of applications for any permit or other review by Town
departments. Owner shall have election either to pay standard Town Processing Fees in effect at
time of application or to choose expedited processing and pay time and materials necessary for Town
to recover actual and reasonable costs of processing, subject to agreed budget based on time and
materials. For office/R&D development, fifty percent (50%) of the building permit fees will be due
prior to issuance of first building permit for a building authorized by such A&S Approval and fifty
percent (50%) prior to the release of first PG&E Meters for electrical service for a structure
authorized by such A&S Approval.
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2.3.3. Impact Fees: The term "Impact Fees" means monetary fees, exactions, or
impositions, other than taxes or assessments, whether established for or imposed upon the Project
individually or as part of a class of prof ects, that are imposed by Town for Town fees on the Project
in connection with any Approval for the Project for any purpose, including, without limitation,
defraying all or a portion of the cost of public services and/or facilities construction, improvement,
operation and maintenance attributable to the burden created by the Project Only the Impact Fees
(fee categories and fee amounts) listed in the Town of Los Gatos Adopted 2011/12 Comprehensive
Fee Schedule (attached as Exhibit C) shall apply to all uses of the Project, subject to applicable
escalators in effect as of the Enactment Date. For office/R&D development, fifty percent (50%) of
the Impact Fees will be due prior to issuance of first building permit for a building authorized by
such A&S Approval and fifty percent (50%) prior to the release of first PG&E Meters for electrical
service for a structure authorized by such A&S Approval, provided that Impacts Fees shall cease to
escalate at issuance of building permits. Notwithstanding the foregoing provision, any mandatory
current or new fee, validly imposed by a public agency other than the Town, but collected by Town,
shall be paid prior to issuance of building permit. These fees are not vested and, no deferral of fees
pursuant to this Agreement shall apply to any fee imposed by another public agency.
2.3.4. CEQA Review: In acting on any discretionary Subsequent Approvals for the Project,
so long as Project is consistent with Vested Elements and the Applicable Rules, Town will rely on
the MND to satisfy the requirements of CEQA to the fullest extent permissible by CEQA and will
not impose on the Project any mitigation measures or other conditions of approval other than those
specifically imposed by the Approvals or the Applicable Rules. If additional CEQA documentation
is legally required for any discretionary Subsequent Approval for the Project, the scope of such
documentation shall be limited by the scope of Town's discretion over such Subsequent Approval.
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2.3.5. Architecture and Site Approvals: If the applicant, in connection with the initial A&S
Approval for the Project, submits master design review standards and guidelines for subsequent
A&S Approvals for the Project, the Planning Commission shall have authority to approve such
master design review standards and guidelines and delegate responsibility to the Development
Review Committee to approve subsequent A&S Approvals that are in substantial conformance with
such approved master• design review standards and guidelines.
2.3.6 Withholding of Building Permit: Town may, at its discretion, refuse to issue a
building permit for any structure within the Property, if Owner has materially failed and refused to
complete any requirement applicable to the building permit.
2.4 Local Rules. Notwithstanding any other provision of this Agreement, and without limitation
as to any other exceptions contained in this Agreement, Town shall retain the authority to take the
following actions:
(a) maintain the right of voters to act by initiative or referendum, but only to the extent
that the initiative or referendum does not affect or interfere with any Vested Element; except that this
Agreement itself is subject to referendum; •
(b) take other actions not expressly prohibited by the terms or provisions of this
Agreement.
2.5 Future Exercise of Discretion by Town. This Agreement shall not be construed to limit the
authority or obligation of Town to hold necessary public hearings, or to limit discretion of the Town
or any of its officers or officials with regard to rules, regulations, ordinances or laws which require
the exercise of discretion by Town or any of its officers or officials, so long as the discretion is not
inconsistent with the Vested Elements pursuant to this Agreement.
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3. Term.
3.1 Term of Agreement. The tern ("Term") of this Agreement shall commence on the
Enactment Date. This Agreement shall terminate fifteen (15) years following the Enactment
Date, unless sooner terminated or extended as hereinafter provided. The Term will be extended
an additional five (5) years should Owner be in good faith compliance with the terms and
conditions of this Agreement, as determined by the annual review process for this Agreement in
the 14t11 year. All extensions shall be approved by the Parties in writing and are subject to review
by Town Council, which, in the case of the five (5) year extension provided for above, shall
occur not later than 90 days after Town has completed the 14t1i year annual review process, and
inno event later than 90 days prior to the expiration of this Agreement. Following expiration of
the Term or any extension, or if sooner terminated, this Agreement shall have no force and
effect, subject, however, to provisions hereof expressly set forth as surviving the expiration or
termination of this Agreement. Notwithstanding the foregoing, this Agreement shall terminate
with respect to any for -sale residential lot after Town receives notice and such lot shall be
released andno longer be subject to this Agreement, when a certificate of occupancy has been
issued for the building(s) on the lot.
3.2 Term of Maps and Project Approvals.
3.2.1 Pursuant to Government Code Section 66452.6 and any other applicable provisions of
the Government Code, the term of all tentative subdivision or parcel maps that are approved for all
or any portion of the Project shall be extended to the same date as the Term of this Agreement and,
where not prohibited by State law, with any extension of the Term of this Agreement, unless a longer
term would result under otherwise applicable State law, or, in the absence of such State law, under
otherwise applicable local law.
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3.2.2 Pursuant to Government Code Section 65863.9, any and all other Approvals
(including Subsequent Approvals) for any of the Project shall automatically be extended to a date
concurrent the Term of this Agreement and, where not prohibited by State law, with any
extension of the Term of this Agreement, unless a longer term would result under otherwise
applicable State law, or, in the absence of such State law, under otherwise applicable local law.
4. Dedications, Vacations, Contributions, and Community Benefit.
4.1 Dedications and Vacations.
4.1.1 Dedication: Owner shall offer to dedicate to Town, upon request by Town, all
portions of the Property designated in the Approvals for public utility easements, public streets and
access, emergency vehicle access easement, storm drainage and sanitary sewer easements and
pedestrian access easement.
4.1.2. Street Vacation: Town will consider vacation of Albright Way and Albright Court.
To the extent applicable, Town shall utilize the summary vacation procedures set forth in Streets and
Highways Code Section 8330 et seq. In the event that the summary vacation procedures do not
apply for any reason, then Town shall proceed under the general vacation procedures set forth in
Streets and Highways Code Section 8300 et seq. If Town completes the vacation, then, in
accordance with Streets and Highways Code Section 8355(a), Town shall convey title to the
underlying land to the owners of the lands adjacent to or fronting such rights -of -way without the
need for any additional payment or consideration to Town other than the Community Benefits
described in this Agreement.
4.2 Contribution to Costs of Facilities and Services. Owner agrees to contribute to the costs of
public facilities and services as required pursuant to the MMRP, to mitigate impacts of the
development of the Project on the Property, and Town agrees to assure that Owner may proceed and
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complete development of the Project on the Property in accordance with the terms of this
Agreement.
4.3 Community Benefit. In addition to the Public Benefits, Owner agrees to the following:
4.3.1 Roadways and Associated Improvements:
(i) In the event that Town completes the improvements to Lark and University
required by the MMRP in advance of the time that Owner is required to make the improvements
pursuant to the MMRP, Owner shall reimburse Town $370,000, payable fifty percent (50%)
prior to issuance of the first building permit for the Project and fifty percent (50%) prior to the
release of the first PG&E meter for electrical service, which amount Town agrees constitutes full
reimbursement for one hundred percent (100%) of the cost of these improvements.
(ii) Roadways and Associated Improvement Contribution: In addition to the
measures identified in the MMRP to mitigate the environmental impacts of the Project, Owner
shall make a "Transportation Improvement Benefit Contribution" to Town as follows:
For each A&S Approval for the Project for up to an aggregate of 300,000 square feet of new
development (regardless of use), Owner shall contribute $1.83 per square foot of building area
authorized by such A&S Approval, payable fifty percent (50%) prior to issuance of the first
building permit for a building authorized by such A&S Approval and fifty percent (50%) prior to
issuance of the first PG&E meter for a building authorized by such A&S Approval, up to a cap
of $550,000. This payment shall be in addition to any transportation mitigation measures
required by the MMRP and any Traffic Impact Fees required by Town Ordinance and this
Agreement.
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(iii) In the event that a tenant of Project requests a sidewalk be installed on
Winchester Avenue, Town is not obligated to construct or pay for such improvement. While
not obligated to install, construct, or fund such sidewalk, nothing precludes Owner from
submitting an application for approval to construct such sidewalk.
4.3.2 Community Benefit Contribution: Owner shall make a Community Benefit
Contribution to Town as follows:
(i) All Uses: For each A&S Approval for the Project up to an aggregate of
433,333 square feet of new development (regardless of use), Owner shall contribute $1.50 per
square foot of building area (including office/research and development, residential, and senior
housing building area) authorized by such A&S Approval up to a maximum of $650,000,
payable at the time the PG&E meter is secured for each building authorized by such A&S
Approval. In the event that the aggregate approved new development square footage at the time
of approval of (and including square footage approved by) the first A&S Approval for the
Project containing residential units or senior housing is less than 433,333 square feet (regardless
of use) on the Property, then the entire remaining unpaid balance of the of $650,000 shall be
allocated pro rata across the total square footage approved by the A&S, and the pro rata amount
shall likewise be payable at the time the PG&E meter is secured for each building authorized by
such A&S Approval; and,
(ii) Residential and Senior Housing Uses: For each A&S Approval for the
Project, Owner shall contribute the amount per dwelling unit (including senior units) set forth
below authorized by such A&S, payable fifty percent (50%) upon issuance of the first building
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permit for a dwelling unit authorized by such A&S Approval and fifty percent (50%) upon
issuance of the first PG&E meter for a dwelling unit authorized by such A&S Approval:
0 to 100 units $1,500 per unit
101 to 300 units $2,000 per unit
301 to 400 units $3,000 per unit
401 or more units $7,000 per unit
(iii) Town shall use the Community Benefit Contribution to fund all or a portion of the
following public improvements, or other improvements subsequently approved by Town
Council:
(a)
Design and construction of a pedestrian bridge from the Los Gatos
Creekside Sports Park to the Los Gatos Creek Trail.
(b) Design and construction of capital facilities at public parks located within
(c)
% mile of the Project site;
Design and construction of improvements to the section of the Los Gatos
Creek trail along Charter Oaks Drive.
(d) Design and construction of a public sidewalk on the east side of
Winchester between Albright Way and the future terminus of the Vasona
Light Rail line and parking lot.
(e) Design and construction of very low income housing and/or affordable
senior housing within the Town.
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Town shall be solely responsible for the design, permitting, CEQA review, right-of-way
acquisition, construction, operation, and maintenance of such facilities. The Community Benefit
Contribution provided for herein constitutes full compliance for the Project with Town's
Community Benefit Policy, and Town shall not require provision of any additional community
benefits in connection with Subsequent Approvals for the Project.
5. Standard of Review of Permits.
All permits ("Permits") required by Owner to develop the Property including, but not limited to (i)
road construction permits, (ii) grading permits, (iii) building permits, and, (iv) certificates of
occupancy, shall be issued by Town after Town's review and approval of Owner's applications,
provided that Town's review of the applications is limited to determining whether the following
conditions are met:
(a) The application is complete; and,
(b) The application demonstrates that Owner has complied with the Approvals, the
Applicable Rules, and any Future Rules and Changes in Law applicable pursuant to Sections 1 and 2
of this Agreement.
6. Priority of Enactment.
In the event of conflict between this Agreement, the Approvals other than this Agreement, and the
Applicable Rules, the Parties agree that the following sequence of approvals establishes the relative
priority of approvals, each approval superior to the approvals thereafter: (1) Development
Agreement; (2) PD Zone; (3) Approvals other than this Agreement and the PD Zone; (4) Applicable
Rules.
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7. Cooperation in Implementation.
Provided Owner is in substantial compliance with all requirements of this Agreement and the
Approvals and payment of required processing fees, if any, Town shall proceed in a reasonable and
expeditious manner, in compliance with the deadlines mandated by applicable agreements, statutes
or ordinances, to complete all steps necessary for implementation of this Agreement and
development of the Property in accordance with the Approvals, including the following actions:
(a) Scheduling all required public hearings; and,
(b) Processing and checking all Subsequent Approvals. Owner, in a timely manner, shall
provide Town with all documents, applications, plans and other information consistent with the
Approvals necessary for the Town to carry out its obligations hereunder and to cause Town's
planners, engineers and all other consultants to submit in a timely manner all necessary materials and
documents. It is the Parties' express intent to cooperate with one another and diligently work to
implement all Subsequent Approvals for development of the Property in accordance with the
Approvals and the terms hereof.
8. Periodic Review.
8.1 Annual Review. The procedure set forth in this Section 8 shall be used by Town and Owner
in complying with the annual review required by California Government Code Section 65865.1 for
the purposes, and in the manner, stated therein, Town and Owner shall review all actions taken
pursuant to the terms of this Agreement once annually during each year of the Term. Owner shall
commence the annual review process by notifying Town in writing at least ninety (90) days prior to
the anniversary of the Enactment Date each year that the annual review process shall commence as
specified herein ("Commencement Notice"). The failure of Owner to initiate an annual review
shall not constitute an event of default.
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8.2 Owner's Submittal. Within ninety (90) days after Owner initiates request of the
Commencement Notice, Owner shall submit a letter ("Compliance Letter") to the Director of
Community Development ("Director") describing Owner's good faith compliance with the material
terms of this Agreement during the preceding year. The Compliance Letter shall include a statement
that the Compliance Letter is submitted to the Town pursuant to the requirements of Government
Code Section 65865.1 and Town Code. Owner's failure to timely submit a Compliance Letter shall
not constitute an event of default.
8.3 Town's Findings. Within sixty (60) days after receipt of the Compliance Letter, the Director
shall determine in writing whether, for the year under review, Owner has demonstrated good faith
compliance with the material terms of this Agreement. If the Director finds and deteiiniines that
Owner has demonstrated good faith compliance with the material terms of this Agreement, or does
not determine otherwise within sixty (60) days after delivery of the Compliance Letter, the annual
review shall be deemed concluded and this Agreement shall remain in full force and effect. Upon a .
written request by Owner, the Director shall issue a recordable certificate confirming Owner's
compliance through the year under review. Owner may record the certificate with the Santa Clara
County Recorder's Office.
8.4 Town Council Hearing. If the Director finds and determines in writing that Owner has not
complied in good faith with the material terms of this Agreement for the year, under review, the
Director shall refer the alleged noncompliance to the Town Council for a hearing. At least ten (10)
days prior to the hearing, Town shall deliver to Owner a written notice specifying in detail the nature
of failures in performance that the Director claims constitutes material noncompliance and all facts
demonstrating material noncompliance. If, after a duly noticed public hearing thereon, the Town
Council finds and determines that Owner has not complied in good faith with the material terns of
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this Agreement for the year under review, the Town Council shall give written notice thereof to
Owner specifying in detail the nature of failures in performance that the Town Council finds
constitutes material noncompliance and all facts demonstrating material noncompliance. If Owner
fails to cure the noncompliance within a reasonable period of time as established by the Town
Council, , the Town Council, in its discretion, may (i) grant additional time for Owner's compliance,
or, following a noticed public hearing, modify this Agreement to the extent necessary to remedy or
mitigate the non-compliance, or (ii) following a noticed public hearing, terminate this Agreement.
8.5 Relationship to Default Provisions. The above procedures shall supplement and shall not
replace that provision of Section 12 of this Agreement whereby either Town or Owner may, at
any time, assert matters which either Party believes have not been undertaken in "accordance with
this Agreement by delivering a written notice of default and following the procedures set forth in
said Section 12.
9. Affordable Housing.
The Owner shall comply with the Town's inclusionary housing requirement as set forth in Division
6 of Article 1 of the Town Zoning Ordinance in effect as of the Effective Date and the Town's
Below Market Rate Housing Program Guidelines (effective September 2009) (collectively, the
"Existing BMP Program"). The Existing BMP Program shall be vested in Owner. If Town
modifies the Existing BMP Program, Owner may elect to apply the Existing BMP Program or the
inclusionary housing requirements in effect at the time of application for A&S Approval.
10. Prevailing Wage.
Owner understands and acknowledges that in the event that Owner installs or constructs any public
improvements that would otherwise require compliance with California law prevailing wage
requirements ("Prevailing Wage Laws"), Town has no responsibility to ensure compliance with
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Prevailing Wage Laws and that Owner is solely responsible to ensure that such Prevailing Wage
Laws are, and have been, complied with in connection with the construction of any public
improvements to be constructed by Owner that require compliance with Prevailing Wage Laws.
Owner shall bear all responsibility and liability in the event that a court of competent jurisdiction
finds that construction of the any public improvements by Owner requires compliance with
Prevailing Wage Laws in constriction of the public improvements. In connection with any public
improvements to be constructed by Owner, Owner shall indemnify and hold harmless the Town in
the event of any litigation relating to compliance by any of the Parties to this Agreement with
Prevailing Wage Laws.
11. Reimbursements.
The parties agree that Owner shall not be entitled to any reimbursement for the construction of any
public improvement required by this Agreement unless explicitly provided by this Agreement or
otherwise authorized by the Approvals.
12. Default and Remedies.
12.1 Default. Subject to any extensions of time by mutual consent of the Parties in writing, and
subject to the provisions of Section 22 hereof regarding permitted delays and a Mortgagee's right to
cure pursuant to Section 14 hereof, failure by either Party to perform any material term or provision
of this Agreement shall constitute a default, provided that, in addition to any cure period provided
for in Section 8.4 (if applicable), the Party alleging the default gave the other Party advance written
notice of the default and thirty (30) days to cure the condition, or, if the nature of the default is such
that it cannot be cured within thirty (30) days, the Party receiving notice shall not be in default if the
Party commences performance of its obligations within the thirty (30) day period and diligently
completes that performance. Written notice shall specify in detail the nature of the failure of
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performance that the noticing Party claims constitutes a default.
12.2 Remedies. The Parties agree that in no event shall either Party, or its boards, corrunissions,
officers, agents or employees, be liable in damages for any default under this Agreement. Town and
Owner agree that in the event of a breach of this Agreement, each Party may pursue an action
seeking any of the following remedies: (a) specific performance, (b) declaratory or injunctive relief,
(c) mandamus or special writs, or (d) modification or termination of this Agreement. This limitation
on damages shall not preclude actions by a Party to enforce payments of monies or the performance
of obligations requiring an obligation of money from the other Party under the terms of this
Agreement including, but not limited to obligations to pay attorneys' fees and obligations to advance
monies or reimburse monies. Town may terminate. this Agreement due to a default in accordance
with the provisions of Section 8. All of these remedies shall be cumulative and not exclusive of one
• another, and the exercise of any one or more of these remedies shall not constitute a waiver or
election with respect to any other available remedy.
12.3 California Claims Act. Compliance with the procedures set forth in Sections 12.1 and
12.2 shall be deemed full compliance with the requirements of the California Claims Act
(Government Code § §900 et seq.) including, but not limited to, the notice of an event of default
hereunder constituting full compliance with the requirements of Government Code §910.
13. Amendment or Termination.
13.1 Amend or Terrnination of this Agreement. Town and Owner, by mutual agreement, may
terminate or amend the terms of this Agreement, and the amendment or termination shall in writing
signed by both Town and Owner and be accomplished in the manner provided under California law
for the enactment of Development Agreement amendments. Review and approval of an amendment
to this Agreement shall be limited to consideration only of those provisions to be added or modified.
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All amendments to this Agreement shall automatically become part of the Approvals.
13.2 Subsequent Approvals and Approvals.
(a) Subsequent Approvals. Town and Owner anticipate that the Project will be implemented
by the Subsequent Approvals, including without limitation: (i) subdivision of the Property; (ii) A&S
Approval; and, (iii) installation of future public improvements to serve the Property consistent with
the Approvals. The Subsequent Approvals shall not require an amendment to this Agreement.
(b) Amendment of Approvals. Upon the written request of Owner, Town may amend or
modify the Approvals (or any of the individual approvals or documents comprising the Approvals)
in compliance with procedural provisions of the Applicable Rules. Amendments to the Approvals
shall become part of the Approvals and shall not require an amendment to this Agreement, except
that amendments to the permitted uses of the Property, the maximum density and/or number of
residential units, the intensity of use, the maximum height and size of the proposed buildings,
provisions for reservation or dedication of land for public purposes, the conditions, terms,
restrictions and requirements for subsequent discretionary actions, the provisions for public
improvements and financing of public improvements, and the other terms and conditions of.
development shall require an amendment to this Agreement in order to be vested pursuant to this
Agreement.
13.3 Enforceability of Agreement. The Town and Owner agree that unless this Agreement is
amended or terminated pursuant to its terms, this Agreement shall be enforceable by either Party
notwithstanding any subsequent change in the Applicable Rules, with the exceptions specifically
listed in this Agreement.
14. Mortgagee Protection.
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14.1 Mortgagee Protection. This Agreement shall not prevent or limit Owner in any manner, at
Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement
thereon by any mortgage, deed of trust or other security device securing financing with respect to the
Property ("Mortgage") without the consent of the Town nor prevent or limit any Mortgagee (as
defined below) under such Mortgage from foreclosing on the Property or selling the Property to a
third party following a foreclosure under such Mortgage, in either case without the consent of the
Town. This Agreement shall be superior and senior to all liens placed upon the Property or portion
after the date on which this Agreement is recorded, including the lien of any Mortgage.
Notwithstanding anything contained herein to the contrary, any lien on account of a breach or default
hereunder shall be subordinate to the lien of any Mortgage made in good faith and for value and no
breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good
faith and for value, but, subject to the provisions of Section 14.2 below, all of the terms and
conditions contained in this Agreement shall be binding upon and effective against all persons and
entities, including all deed of trust beneficiaries or mortgagees ("Mortgagees") who acquire title to
the Property or any portion thereof by foreclosure, trustee's sale, deed in -lieu -of foreclosure or
otherwise.
14.2 Mortgagee Obligations. Town, upon receipt of a written request from a foreclosing
Mortgagee, shall pennit.the Mortgagee to succeed to the rights and obligations of Owner under this
Agreement, in accordance with the same terms and conditions set forth in Section 15 (Assignability)
below, provided that all defaults by Owner hereunder are cured by the Mortgagee or Mortgagee has
commenced to cure such default and is diligently pursuing such cure prior to assignment, to the
extent such defaults are curable. To the extent that such defaults by Owner are not curable,
Mortgagee shall be permitted to succeed to the rights and obligations of Owner under this
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Agreement without curing such defaults. If the foreclosing Mortgagee seeks to obtain the benefits of
this Agreement, such Mortgagee shall comply with all of the provisions of this Agreement. If the
foreclosing Mortgagee does not request to succeed to the rights, benefits and obligations of Owner
under this Agreement, then the Mortgagee shall have no obligation or duty under this Agreement to
perform Owner's obligations or other affirmative covenants of Owner hereunder and this Agreement
shall terminate. Nothing contained herein shall cause Mortgagee to be obligated to complete any
construction at the Property or guaranty the completion of any construction.
14.3 Notice of Default to Mortgagee. If Town receives notice from a Mortgagee requesting a
copy of any notice of default given to Owner and specifying the address for service thereof, Town
shall deliver to the Mortgagee, concurrently with service thereof to Owner, all notices given to
Owner describing all claims by the Town that Owner has defaulted hereunder. If Town determines
that Owner is not in compliance with this Agreement, Town also shall serve notice of
noncompliance on the Mortgagee concurrently with service on Owner. Each Mortgagee shall have
the right (but not the obligation) to cure or remedy, or to commence to cure or remedy within 180
days after the expiration of the cure period afforded to Owner, of any default claimed or the areas of
noncompliance set forth in Town's notice. Town hereby agrees to execute any such documents or
agreements requested by Mortgagee in its reasonable discretion, including, without limitation,
estoppel certificates.
14.4 Technical Amendments to this Section 14. Town agrees to reasonably consider, modify and ,
approve interpretations and/or technical amendments to the provisions of this Agreement that are
required by lenders for the acquisition and construction of the improvements on the Property or any
refinancing thereof and to otherwise cooperate in good faith to facilitate Owner's negotiations with
lenders.
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15. Assignability.
15.1 Assignment. Other than transfers on account of the encumbrance of a Mortgage,
foreclosure under a Mortgage or subsequent sale to a third party by Mortgagee following a
foreclosure under a Mortgage, which are permitted without the prior written consent of Town, as set
forth in Section 14 above, Owner shall not have the right to assign or transfer ("Transfer") in whole
or in part its interests, rights, and obligations under this Agreement without the prior written consent
of Town, which consent shall not be unreasonably withheld, conditioned or delayed; provided,
however, that in no event shall interests, rights, and obligations conferred on Owner pursuant to this
Agreement be at any time so Transferred except in connection with a Transfer of the Property or
portion thereof. Town will use best efforts to process any request for a Transfer within forty-five
(45) days and not more than ninety (90) days. During the Term, Owner shall provide Town with
written notice of transfer of fee title to the Property within thirty (30) days following each transfer.
In the event of a transfer of a portion of the Property, Owner shall have the right to transfer its rights,
duties and obligations under this Agreement that are applicable to the transferred portion, and to
retain all rights, duties and obligations applicable to the retained portions of the Property, subject to
Town's consent as provided herein. Upon Owner's request, Town shall cooperate with Owner and
any proposed transferee to set forth in writing the allocation of rights, duties and obligations under
this Agreement and the Approvals among the transferred Property and the retained Property. Each
successor in interest to Owner shall be bound by all of the terms and provisions of this Agreement
applicable to the portion of the Property acquired. This Agreement shall be binding upon and inure
to the benefit of the parties' successors, assigns and legal representatives.
15.2 Release t pon Transfer. Upon the transfer or partial transfer of Owner's rights and interests
under this Agreement pursuant to this Section, Owner shall automatically be released from its
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obligations and liabilities under this Agreement with respect to that portion of the Property
transferred, and any subsequent default or breach with respect to the transferred rights and/or
obligations shall not constitute a default or breach with respect to the retained rights and/or
obligations under this Agreement, provided that (i) Owner has obtained Town's consent to such
transfer as provide above, and (ii) the transferee executes and delivers to Town a written agreement
in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and
unconditionally assumes all of the obligations of Owner under this Agreement with respect to that
portion of the Property transferred. Upon any Transfer all of any portion of the Property and the
express assumption of Owner's obligations under this Agreement by such transferee, Town agrees to
look solely to the transferee for compliance by such transferee with the provisions of this Agreementi
as such provisions relate to the portion of the Property acquired by such transferee. The agreement
expressly setting forth the terms of the transfer and assumption of obligations and liabilities shall be
recorded. A default by any transferee shall only affect that portion of the Property owned by such
transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any
portion of the Property not owned by such transferee. The transferor and the transferee shall each be
solely responsible for the reporting and annual review requirements relating to the portion of the
Property owned by such transferor/transferee, and any amendment to this Agreement between Town
and a transferor or a. transferee shall only affect the portion of the Property owned by such transferor
or transferee. Failure to deliver a written assumption agreement hereunder shall not affect the
running of any covenants herein with the land, as provided in Section 15.2 below, nor shall such
failure negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of
this Agreement.
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15.3 Covenants Run With The Land. All of the provisions, agreements, rights, powers, standards,
terms, covenants and obligations contained in this Agreement shall run with the land and shall be
binding upon the Parties and their respective heirs, successors (by merger, consolidation or
otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or
entities acquiring the Property, any lot, parcel or any portion thereof and any interest therein,
whether by sale, operation of law or other manner, and shall inure to the benefit of the Parties and
their respective successors.
16. General.
16.1 Construction of Agreement. The language in this Agreement in all cases shall be construed
as a whole and in accordance with its fair meaning. The laws of the State of California shall govern
this Agreement and all actions concerning this Agreement shall be brought in the Superior Court of
the County of Santa Clara.
16.2 No Waiver. No delay or omission by either Party in exercising any right or power accruing
upon noncompliance or failure to perform under the provisions of this Agreement by the other Party
shall impair or be construed to waive any right or power. A waiver by a Party of any of the
covenants or conditions to be performed by the other Party shall not be construed as a waiver of any
succeeding breach of the same or other covenants and conditions.
16.3 Agreement is Entire Agreement. This Agreement and all exhibits attached hereto or
incorporated herein, together with the Approvals, contain the sole and entire Agreement between the
Parties concerning the Property. The Parties acknowledge and agree that neither of them has made
any representation with respect to the subject matter of this Agreement or any representations
inducing the execution and delivery, except representations set forth herein, and each Party
acknowledges that it has relied on its own judgment in entering this Agreement. The Parties further
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acknowledge that all statements or representations that heretofore may have been made by either of
them to the other are void and of no effect, and that neither of them has relied thereon in its dealings
with the other.
16,4 Estoppel Certificate. Either Party from time to time during the Term may deliver written
notice to the other Party requesting written certification that, to the knowledge of the certifying
Party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the Parties,
(ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been
amended or modified, specifying the nature of the amendments or modifications, (iii) the requesting
Party is not in default in the performance of its obligations under this Agreement, or if in default,
describing therein the nature and monetary amount, if any, of the default, and (iv) any other
information reasonably requested. A party receiving a request shall execute and return the certificate
within thirty (30) days after receipt thereof. The Director shall have the right to execute the
certificates requested by Owner. At the request of Owner, the certificates provided by Town
establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form
and Owner shall have the right to record the certificate for the affected portion of the Property at its
cost.
16.5 Severability. If any term(s) or provision(s) of this Agreement or the application of any
term(s) or provision(s) of this Agreement to a particular situation, is (are) held by a court of
competent jurisdiction to be invalid, void, unenforceable or illegal, the remainder of this Agreement
or the application of this Agreement to other situations, shall remain in full force and effect unless
modified by mutual consent of the Parties.
16.6 Further Documents. Each Party shall execute and deliver to the other Party any and all
instruments and documents as may be reasonably necessary to carry out this Agreement in order to
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provide and secure to the other Party the rights and privileges granted by this Agreement.
16.7 Time of Essence. Time is of the essence in the performance of each and every covenant and
obligation to be performed by the Parties hereunder.
16.8 Indemnification and Legal Action. Owner shall comply with Los Gatos Town Code Section
1.10.115, which requires the following: that any applicant who receives a permit, license,
entitlement or other approval pursuant to chapters 6, 12, 14, 29 of the Town Code shall defend,
indemnify, and hold harmless the Town and its officials and employees in any action brought by a
third party to overturn, set aside, or void such permit, license, entitlement, or approval. This duty to
defend, indemnify, and hold harmless the Town and its officials and employees is a condition of
approval of all such permits, entitlements, licenses, and approvals whether or not expressly set forth
in such permit, license, entitlement, or approval. This obligation shall include costs and reasonable
attorney's fees.
16.9 Construction. This Agreement has been reviewed and revised by legal counsel for both the
Town and Owner and no presumption or rule that ambiguities shall be construed against the drafting
Party shall apply to the interpretation or enforcement of this Agreement.
17. Termination.
17.1 Termination upon Completion of Development. Except as otherwise provided herein, this
Agreement shall terminate upon the expiration of the Tenn or when the Property has been fully
developed and all of the Owner's obligations pursuant to this Agreement are satisfied as reasonably
determined by the Town. Upon termination of this Agreement, the Town may record a Notice of
Termination in a form satisfactory to the Town Attorney. Upon the termination of this Agreement as
provided herein, neither Party shall have any further right or obligation with respect to the Property
under this Agreement except with respect to any obligation that is specifically set forth as surviving
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the termination or expiration of this Agreement. The following Sections of this Agreement shall
survive termination or expiration of this Agreement: 10, 16.8, 17.1, 17.2 and 17.3. The termination
or expiration of this Agreement shall not affect the validity of the Approvals (other than this
Agreement), provided that Town reserves the right to take action to rezone the Property, in
accordance with applicable law, in the event of a termination or expiration of this Agreement.
17.2 Effect Upon Termination on Owner Obligations. Termination of this Agreement as to the
Owner shall not affect any of the Owner's obligations to comply with the Town General Plan and the
terms and conditions of any applicable zoning or any Approvals, nor shall it affect any other
covenants or development requirements in this Agreement specified to continue after the termination
of this Agreement, or obligations to pay assessments, liens, fees or taxes.
17.3 Effect Upon Termination on Town. Upon any termination of this Agreement as to the
Owner, the entitlement, conditions of development, limitations on fees and all other terms and
conditions of this Agreement shall no longer be vested with respect to the Property and the Town
shall no longer be limited by this Agreement, to make any changes or modifications to the
entitlement, conditions or fees applicable to the Property.
17.4 Elements of Termination. This Agreement shall be deemed terminated and of no further
effect upon the occurrence of any of the following events:
(a) Expiration of the fifteen (15) year term if not extended, or expiration of the additional
five (5) year term; or
(b) The effective date of a Party's election to terminate the Agreement as provided in this
Agreement.
(c) Pursuant to Court order.
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18. Notices.
Except as otherwise expressly provided herein, all notices and demands between Town and Owner
pursuant to this Agreement shall be in writing and sufficiently given if delivered in person (including
by private courier), by an overnight commercial courier, or by first-class certified mail, postage
prepaid. Except as otherwise expressly provided herein, notices shall be considered delivered when
personally served, upon delivery if delivered by commercial courier, or two (2) business days after
mailing if sent by mail as provided herein. Notices shall be sent to the addresses below for the
respective Parties; provided, however, that either Party may change its address for purposes of this
section by giving written notice to the other Party. These addresses may be used for service of
process:
Town: Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
With Copy to:
Owner:
Town Attorney
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
LG Business Park, LLC
David A. Kingery
Principal
The Carlyle Group
4 Orinda Way, Suite 170D
Orinda, CA 94563
With copy to: Cox, Castle & Nicholson, LLP
555 California Street, 10th Floor
San Francisco, CA 94104-1513
Attn: Margo N. Bradish
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19. Owner is an Independent Contractor.
Owner is not an agent or employee of Town, but is an independent contractor with full rights to
manage its employees subject to the requirements of the law. All persons employed or utilized by
Owner in connection with this Agreement are employees of Owner and shall not be considered
employees of Town in any respect. Owner is responsible for obtaining statutory workers'
compensation coverage, if any is required, for its employees, if any.
20. Project as a Private Undertaking.
It is specifically understood and agreed that the Project is a private development. No partnership,
joint venture or other association of any kind is formed by this Agreement.
21. Nondiscrimination.
Owner shall not discriminate, in any way, against any person on the basis of race, color, national
origin, sex, marital status, sexual orientation, age, creed, religion or condition of physical disability
in connection with or related to the performance of this Agreement.
22. Force Majeure.
Performance by either Party shall not be deemed to be in default where delays or defaults are due to
enemy action, war, insurrection, civil disturbances, strikes, walkouts, other labor disturbances, acts
of terrorism, riots, floods, earthquakes, fires, casualties, acts of God, failure or inability to secure
materials or labor by reason of priority or similar regulations or order of any governmental or
regulatory body, acts of governmental entities (other than the party to be excused), enactment of
conflicting local, regional, state, or federal laws or regulations, applicable to this Agreement, any
development moratorium or any. action of other public agencies that regulate land use, development
or the provision of services prevents, prohibits or delays construction of the Project, judicial
decisions, administrative appeals, litigation or similar basis for excused performance which is not
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within the reasonable control of the Party to be excused. Upon the request of either Party hereto,
extension of time for such cause shall be granted for the period of the excused delay, or longer, as
may be mutually agreed upon, and the Term of this Agreement and the term of the Approvals shall
be extended as necessary to accommodate such extension.
23. Amendments.
No alterations or changes to the terms of this Agreement shall be valid unless made in writing and
signed by both Parties, and completed in compliance with the procedures listed in the California
Government Code for Development Agreement amendments.
24. No Third Party Beneficiary.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for any
cause whatsoever.
25. Dispute Resolution.
A. Any controversies between Owner and Town regarding the construction or
application of this Agreement, and claims arising out of this Agreement or its breach, shall be
submitted to mediation within thirty (30) days of the written request of one Party after the service of
that request on the other Party. If mediation is not completed within sixty (60) days of the written
request under this Section, then either Party may commence an action in court.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the
Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a
mediator. The mediation meeting shall not exceed one day (eight hours). The Parties may agree to
extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
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D. Mediation under this section is a condition precedent to filing an action in any court.
26. Consent.
Where consent or approval of a Party is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed or conditioned.
27. Covenant of Good Faith and Fair Dealing.
Neither Party shall do anything which shall have the effect of harming or injuring the right of the
other Party to receive benefits of this Agreement; each Party shall refrain from doing anything which
would render its performance under this Agreement impossible; and, each Party shall do everything
which this Agreement contemplates to accomplish the objectives and purpose of this Agreement.
28. Authority to Execute.
The person or persons executing this Agreement warrant and represent that they have the authority to
execute this Agreement on behalf of their respective Party and represent that all necessary board of
directors', shareholders', partners', Town Councils' or other approvals have been obtained and that
they have the authority to bind their respective party to the performance of its obligations in this
Agreement.
29. Attorneys' Fees.
Should any legal action be brought by either Party because of a breach of this Agreement or to
enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable
attorneys' fees and such other costs as may be found by the court.
30. Counterparts.
This Agreement may be executed by each Party on a separate signature page, and when the executed
signature pages are combined, shall constitute one single instrument.
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31. No Personal Liability.
Notwithstanding anything to the contrary contained in this Agreement, in no event shall: (a) any
partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or
agent of Owner or any general partner of Owner or its general partners be personally liable for
any breach of this Agreement by Owner, or for any amount which may become due toTown
under the terms of this Agreement; or (b) any member, officer, agent or employee of Town be
personally liable for any breach of this Agreement by Town or for any amount which may
become due to Owner under the terms of this Agreement.
32. Recordation. Pursuant to California Government Code Section 65868.5, within ten (10)
days after the later of execution of the Parties of this Development Agreement or the Enactment
Date, the Town shall record this Agreement with the Santa Clara County Recorder. Thereafter,
if this Development Agreement is terminated, modified or amended, the Town Clerk shall record
notice of such action with the Santa Clara County Recorder.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced
by the following signatures of their duly authorized representatives. It is the intent of the Parties that
this Agreement shall become operative on the Enactment Date.
TOWN OF LOS GATOS, CALIFORNIA
a California municipal corporation
Approved as to Form:
Judith J. Propp
Town Attorney
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GREG LARSON
Town Manager
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Attest:
Town Clerk Administrator
LG BUSINESS PARK, LLC
By:
David A. Kingery
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EXHIBIT A
LEGAL PROPERTY DESCRIPTION
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Exhibit A
Page 1 of 1
THIS PAGE
INTENTIONALLY
LEFT BLANK
Order Number: NCS-489718-SC
Page Number: 13
LEGAL DESCRIPTION
Real property in the City of LOS GATOS, County of SANTA CLARA, State of CALIFORNIA,
described as follows;
PARCEL ONE:
ALL OF PARCEL S-1, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF
THE RECORDED OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 11, 1978,
IN BOOK 416 OF MAPS, PAGES(S) 33.
EXCEPTING THEREFROM THE UNDERGRO.UND WATER OR.RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUETTIG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
PARCEL TWO:
ALL OF PARCEL "T-1" AND. "T-2", AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
NOVEMBER 13, 1978, IN BOOK 430 OF MAPS, PAGE(S) 15.
• EXCEPTING THEREFROM THE UNDERGROUND WATER OR WATER RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUE 1 IG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179.
ALSO EXCEPTING THEREFROM THAT PORTION AS CONDEMNED BY THE STATE OF
CALIFORNIA, PURSUANT TO THAT CERTAIN FINAL ORDER OF CONDEMNATION WHICH WAS
RECORDED ON FEBRUARY 23, 1994 IN BOOK N 316, PAGE 0306, OFFICIAL RECORDS OF SANTA
CLARA COUNTY.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC -STREETS: -
PARCEL THREE:
THREE PARCELS OF LAND, EACH DESIGNATED AS PARCEL 3A, AS SHOWN ON THAT PARCEL
MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA ON OCTOBER 12, 1977, IN BOOK 405 OF MAPS, PAGES(S) 38,
EXCLUDING THEREFROM, PARCELS B AND C AS SHOWN ON THAT PARCEL MAP FILED ON
MARCH 21, 1980 IN BOOK 460 OF MAPS AT PAGE 47.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, Wr1-H NO RIGHT OF
SURFACE ENTRY, GRANTED BY I-IUETTIG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
NOVEMBER 22, 1978 IN' BOOK E 114, OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
First American Title Insurance Company
Order Number; NCS-489718-SC
Page Number: 14
PARCEL FOUR:
ALL OF PARCEL "R1", AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 12,
1977, IN BOOK 405 OF MAPS, PAGE(S) 38.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUE I I IG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1.978, RECORDED
NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO -ADJOINING PUBLIC STREETS.
PARCEL FIVE:
PARCEL 2A, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA,-STATE OF CALIFORNIA ON APRIL 22, 1977, IN
BOOK 393 OF MAPS, PAGE(S) 55.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUL 1 I IG-SCHROMM, INC., TO SAN DOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
PARCEL SIX:
ALL OF LOT 1, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 5807, LOS GATOS BUSINESS
PARK, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 14, 1976, IN BOOK 379 OF
MAPS, PAGE(S) 29 AND 30.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUE I I IG-SCHROMM, INC., TO SAN JOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
NOVEMBER 22, 1978 IN BOOK E 114, OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
ALSO EXCEPTING THEREFROM THAT PORTION AS CONDEMNED BY THE STATE OF
CALIFORNIA, PURSUANT TO THAT CERTAIN FINAL ORDER OF CONDEMNATION WHICH WAS
RECORDED ON FEBRUARY 23, 1994 IN BOOK N 316, PAGE 0306, OFFICIAL RECORDS OF SANTA
CLARA COUNTY.
PARCEL SEVEN:
PARCEL C, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE ___
RECORDED OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 21, 1980, IN
BOOK 460 OF MAPS, PAGE(S) 47.
EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS, WITH NO RIGHT OF
SURFACE ENTRY, GRANTED BY HUE 1 I IG-SCHROMM, INC., TO SAN DOSE WATER WORKS, A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED NOVEMBER 16, 1978, RECORDED
First American Title Insurance Company
Order Number: NCS-489718-SC
Page Number: 15
NOVEMBER 22, 1978 IN BOOK E 114,.OFFICIAL RECORDS, PAGE 179.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
PARCEL EIGHT:
ALL OF PARCELS B AND D, AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD
IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 21, 1980 IN BOOK 460
OF MAPS, AT PAGE 47, SANTA CLARA COUNTY RECORDS.
TOGETHER WITH ANY AND ALL RIGHTS TO ADJOINING PUBLIC STREETS.
PARCEL NINE:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE INSTALLATION AND
MAINTENANCE OF PUBLIC UTILITIES OVER AND ALONG THAT AREA DESIGNATED 'PARCEL E",
AS SHOWN UPON SAID PARCEL MAP.
PARCEL TEN:
A NON-EXCLUSIVE EASEMENT TO. INSTALL AND MAINTAIN FOR DRAINAGE. PURPOSES, A 12-
INCH STORM DRAIN PIPE BELOW THE SURFACE OF THE FOLLOWING DESCRIBED PROPERTY:
AS CONVEYED BY INSTRUMENT RECORDED MARCH 28, 1980 IN BOOK F 232, PAGE 715,
OFFICIAL RECORDS OF SANTA CLARA COUNTY;
(A) A STRIP OF LAND 10 FEET IN WIDTH, 5 FEET OF WHICH LIES ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT LOCATED NORTH 39° 49' 00" EAST 248.24 FEET ALONG THE
SOUTHEASTERLY LINE OF PARCEL I AND NORTH 63° 35' 00" WEST 91.12 FEET FROM THE
MOST SOUTHERLY CORNER OF SAID PARCEL I, AS SAID PARCEL IS SHOWN UPON A RECORD
OF SURVEY MAP FILED IN BOOK 108 OF MAPS, AT PAGE 7, SANTA CLARA COUNTY RECORDS;
THENCE FROM SAID POINT OF BEGINNING, SOUTH 34° 05' WEST 233.00 FEET; THENCE
SOUTHERLY IN A STRAIGHT LINE, 24 FEET, MORE OR LESS, TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID PARCEL I, WHICH POINT IS LOCATED NORTH 71° 05'15"
WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF-48.00 FEET FROM THE SOUTHERLY
CORNER OF SAID PARCEL I.
(8) A STRIP OF LAND 10 FEET IN WIDTH, 5 FEET OF WHICH LIES ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT LOCATED NORTH 39° 49' 00" EAST 248.24 FEET ALONG THE
SOUTHEASTERLY LINE OF PARCEL I AND NORTH 63° 35' 00" WEST 58.00 FEET FROM THE
MOST SOUTHERLY CORNER OF SAID PARCEL I, AS SAID PARCEL IS SHOWN UPON A RECORD
OF SURVEY MAP FILED IN BOOK 108 OF MAPS, AT PAGE 7, SANTA CLARA COUNTY RECORDS;
THENCE FROM SAID POINT OF BEGINNING, SOUTH 44° 45' EAST 17.00 FEET.
PARCEL ELEVEN:
PARCEL "A", AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD ON DECEMBER 29, 1982 IN
BOOK 507 OF MAPS AT PAGE 47.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500 FEET,
MEASURED VERTICALLY AS CONTAINED IN THAT CERTAIN GRANT DEED RECORDED
First American Title Insurance Company _
Order Number: NCS-489718-SC
Page Number: 16
DECEMBER 30, 1982, IN BOOK H239,'PAGE 619, OF OFFICIAL RECORDS.
PARCEL TWELVE:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND
MAINTENANCE OF PUBLIC UTILITIES OVER AND ALONG THAT AREA DESIGNATED "PARCEL D",
AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 21, 1980 IN
BOOK 460 OF MAPS AT PAGE 47, AS GRANTED TO SNOOK CORPORATION, A CALIFORNIA
CORPORATION, BY INSTRUMENT RECORDED MARCH 28, 1960 IN BOOK F232 OF OFFICIAL
RECORDS, PAGE 553, AS SUPPLEMENTED BY THAT CERTAIN "EASEMENT GRANTOR'S ESTOPPEL
STATEMENT", BY AND BETWEEN LOS GATOS BUSINESS PARK LTD., A CALIFORNIA LIMITED
PARTNERSHIP AND C AND W JOINT VENTURE, A CALIFORNIA GENERAL PARTNERSHIP,
RECORDED NOVEMBER 10, 1983 IN BOOK 1057 OF OFFICIAL RECORDS, PAGE 88. REFERENCE
IS HEREBY MADE TO THE RECORD THEREOF FOR FURTHER PARTICULARS. _--
PARCEL THIRTEEN:
AN EXCLUSIVE EASEMENT FOR USE AS A PARKING AREA AS CONTAINED IN THE EASEMENT
AGREEMENT BY AND BETWEEN LOS GATOS BUSINESS PARK LTD., A LIMITED PARTNERSHIP
AND C AND W JOINT VENTURE, A GENERAL PARTNERSHIP, RECORDED NOVEMBER 10, 1983 IN
BOOK E057 OF OFFICIAL RECORDS, PAGE 21 AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "C", AS SAID PARCEL IS SHOWN
UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 21, 1980 IN BOOK 460 OF
MAPS AT PAGE 47, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHWESTERLY
LINE OF SAID PARCEL C, NORTH 26° 25' EAST, 37.00 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE, SOUTH 63° 19' 32" EAST, 80.00 FEET; THENCE. PARALLEL WITH SAID
NORTHWESTERLY LINE, SOUTH 26° 25' WEST, 4.00 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID PARCEL C; THENCE ALONG SAID SOUTHWESTERLY LINE,
NORTH 85° 46' 45" WEST, 86.40 FEET TO THE POINT OF BEGINNING.
PARCEL FOURTEEN:
ALL THOSE PORTIONS OF ALBRIGHT WAY AND ALBRIGHT COURT, AS SHOWN ON THOSE
CERTAIN PARCEL MAPS HEREINAFTER REFERRED TO, PARCEL MAP RECORDED APRIL 22, 1977
IN BOOK 393 OF MAPS, PAGE 55, PARCEL MAP RECORDED OCTOBER 12,-1977 IN BOOK 405 OF
MAPS, PAGE 38, AND PARCEL MAP RECORDED NOVEBER 13, 1978 IN BOOK 430 OF MAPS, PAGE
15, ALL OF OFFICIAL RECORDS. --..... _.. .
APN: 424-31-053, 054, 063; 424-32-038, 045, 049, 054, 059, 060 AND 063
First American Title Insurance Company
EXHIBIT B
PLANNED DEVELOPMENT OVERLAY ZONE ORDINANCE
(does not include Plan Set)
Reference ATTACHMENT 13 to the Staff Report to Town Council
Development Agreement
Albright Way LG Business Park
Exhibit B
Page 1 of 1
THIS PAGE
INTENTIONALLY LEFT
ET ,ANTC
EXHIBIT C
FEE SCHEDULE
Effective July 1, 2011
Development Agreement
Albright Way LG Business Park
Exhibit C
Page 1 of 1
THIS PAGE
INTENTIONALLY LEFT
TIT ,ANU'
AICSSSIMIN
Town of Los Gatos
'roposed
Comprehensive Fee Schedule
2011/12
'WN
Nat
TOWN OF LOS GATOS FEE SCHEDULE
The following Fee Schedule is effective July 1, 2011 through June 30, 2012, unless updated by the
Town Council. The Fee Schedule will be adjusted annually by the average Consumer Price Index
(Bureau of Labor Statistics, U.S. Department of Labor for the San Francisco/Oakland/San Jose
Metropolitan Statistical Area) for the calendar year and/or by the percentage increase in actual
operating costs for the current year — whichever is greater. This Fee Schedule also provides for
minimum annual adjustments for those fees that are directly related to personnel costs. Other
adjustments may be made to maintain consistency with the surrounding municipalities within the
Town of Los Gatos region but in no case are fees charged in excess of service delivery costs.
ii
T. .' LE OF CONTENTS
Page No.
Administrative Fees 1
Attorney Fees 2
Development Services
General Development Fees 3
Building Division Fees 4
Building Permit Fees 4
Electrical Permit Fees 8
Mechanical Permit Fees 9
Plumbing Permit Fees 10
Other Fees 10
Planning Division Fees 13
Zoning Approvals 12
Subdivisions 15
Miscellaneous Application Fees 15
Environmental Assessment Fees 16
Other Fees 16
Engineering Division Fees 19
Library Fees and Fines 24
Parks and Public Works
Parks Division Fees 25
Plaza Use Permit 25
Park Use Permit 25
Specific Park Use Fee 25
Oak Meadow Park Special Event Fee 25
Use of Bandstand — Oak Meadow Park 25
Pageant Grounds 25-26
Turf Impact Fee 26
Tree Related Fees 26
Equipment Hourly Rates 27
Street Division Fees 27
Police Fees and Fines 28
Parking Permit Fees 31
iii
ADMINISTRATIVE FEES
Fee for Use of Town Hall Facilities (Council Chamber)
Cleaning and Utility Fee
$30.00 for one hour,
plus $20.00 for each
additional hour
Copy of Town Code $435.00
Public Service Counter Research
$30.00 per hour
Copying and Printin Cg hakes
(plus actual mailing costs, if applicable)
81/2" x 11 $.25 per page
11 x 17 $.35 per page
Annual Subscription for Quarterly Town Code Supplements $100.00
Copy of Zoning Ordinance $ 45.00
Annual Subscription for Quarterly Zoning Ordinance Supplements $ 25.00
Certification of Town Records and Birth/Death Certificates (prior to 1935) $ 3.00
Annual Financial Report $ 30.00
Annual Budget $ 50.00
Capital Improvement Plan $ 30.00
Council Minutes and Agendas (annual mailing list) $ 65.00
Compact Disk or Tape of Council and Planning Commission Meetings $ 10.00 each
Initial Returned Check Fee
Subsequent Return Check Fees
(CA Civil Code Section 1719(a) (1))
$ 25.00
$ 35.00
Election Filing Fee $ 25.00
Ordinances and Resolutions $ 4.00
Credit Card Processing Fee 1.62%
1
ATTORNEY FEES
Conditions, Covenants & Restrictions (CC&R) Review & Approval
Simple Covenant/Deed Restriction
Subdivision Improvement Agreements.
1. Standard Agreement (No changes)
2. Special/Altered Multi -party
Encroachment Agreements
Miscellaneous (Legal Agreements, Real Property, etc.)
* Minimum Deposit is $250.00
2
$250.00 Base Fee
(1.5 hr maximum)
Additional time $154 per hr.
$154.00
No charge
$154.00 per hr,
$154.00 per hr.
$154.00 per hr. plus minimum deposit
DEVELOPMENT SERVICES
General Development Fees
A.
B.
Photo Copying Charge — plus actual mailing costs, as applicable
Maps, plans, etc. (larger than 11" x 17") Actual Cost- sent to San Jose Blueprint
Printing Charge — plus actual mailing costs, as applicable
Maps, plans, etc. (larger than 11" x 17")
C. Data Duplication Services and Fees
For partial or full copies of each digital standard
Town data file on one-time request basis:
8"x 1 l copy, standard printer
Larger format, using plotter
Electronic copy on CD
D. Document Storage Fee - Laserfiche
E. Duplicate Plans Set
F. Research Records Charge for Staff research
beyond 30 minutes
G. Address Processing fee — per address
$5.00 per page
$.25 per page or $25.00 per digital file
$75.00 per digital file
$100.00 per digital file
H. .Computer Surcharge on Building/Plumbing/Mechanical/
Electrical/Grading/Encroachment/Planning Permits/
Applications and any other Permits/Applications
except Park Permit/Applications
I. Engineering Development Review Service Fee
a. Building Permit and Building Plan Check
b. Development Fees
These Fees are applied to permits or plan checks that require engineering services
Actual cost
$118.00/hr
('/zhrmin)
$118.00/hr
(Actual time Spent)
$232.00
4% of Permit with $1 minimum
7.25% of permit or plan check
15% of application fee
J. Seismic Hazards Mapping Program Fees — (SMIP)
For residential construction of three stories and less (Category 1), the permit fee is $10,00
per $100,000. For all other construction (Category 2), the permit fee is $21.00 per
$100,000. This fee is required by the State of California to identify and map zones of
particular seismic hazards. Five percent of the fee is retained by the Town to be used
solely for earthquake preparedness.
K. Capital Improvement Tax (Construction) — Based on $0.18 for each square foot of
building addition or alteration, which increases floor area of an existing building.
L. Underground Utility Tax (Utilities) — Based on $0.18 for each square foot of building
addition or alteration, which increases floor area of an existing building.
3
DEVELOPMENT SERVICES
General Development Fees - cont'd
M. Park Fund Tax (Parks) - Based on $0.04 for each square foot of building addition or
alteration, which increases floor area of an existing building.
N. Reports, Agendas, and Minutes
1. Development Review Committee Agendas $3'7.00
2. Planning Commission Agendas $25.00
3. Planning Commission Minutes Actual cost
4. Plan Copies
a. Microfiche or other reprints sent to an outside firm $31.00 plus costs
b. Blueprint reproduction in house $3.00 per page
5. Copy of Subdivision Ordinance $26.00
6. General Plan (including maps) $26.00
7. Hillside Specific Plan $6.50
8. Hillside Standards and Design Guidelines 510.00
9. Commercial Design Guidelines Actual cost
10. Subdivision Ordinance $26.00
11. General Plan/Zoning Maps (24" x 36")
a. Black & White $9.00
b. Color $42.00
12. Blossom Hill Open Space Study $14.00
13. Commercial Specific Plan Report $12.00
14. Residential Design Guidelines Actual cost
15. Housing Element Technical Appendix Actual cost
O. Request for Service Not Covered by Any Other Fee .Actual cost
P. Pre -application Conference Fee Actual cost
(Fee applied when staff time is expected to exceed'/z hour)
Q. Landscape
Final Occupancy Clearance (New Construction or Remodel)
1. Landscape inspection requests $106.00 per inspection
2. Park Staff Time Spent for Major Development Applications $543.00*
Basis: Development Review Committee Meetings 1,5 hrs (estimate)
Site Visits 4.0 hrs (estimate)
Review Plans 4.0 hrs (estimate)
*Note: Time spent over and above the initial application fee will be billed at the current
employee billing rate plus equipment hourly rate.
R. Applications for Work Unlawfully Completed Double current application fee
4
DEVELOPMENT SERVICES
General Development Fees — cont'd
S. Annexation Fees
1. 1 lot
2. 2 lots
3. 3 lots
4. 4 lots
5. 5 lots or more
* Annexation Advertising Deposit
(any remaining deposit will be refunded to the
applicant and amounts exceeding the deposit
amount will be paid by applicant)
5
$2,725.00*
$1,363.00*
$ 908.00*
$ 682.00*
$ 454.00*
$1,000 - $2,200
(varies as to size of map)
DEVELOPMENT SERVICES
Building Division
1. Building Permit Fees
A. Permit Issuance
Fee for issuing a Building Permit
Additional Building Permit fee
B. Demolition Permit
$65.00
$32.00
$220.00
C, Building Permit Fees for New Construction and Addition
The fee for each building permit shall be based upon the 199'7 Uniform Building Code as
amended by the 2001 California Building Code
Total Valuation Fee
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each
additional $100.00 or fraction thereof, to and including
$2,000.00
2,001,00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00 or fraction thereof, to and
including $25,000.00
$25,001.00 to 550,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00 or fraction thereof, to and
including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00 or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993,75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00 or fraction thereof, to and
including $500,000.00
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000,00 plus $4.75 for each
additional $1,000,00 or fraction thereof, to and
including $1,000,000.00
$1,000,001.00 and over $5,608.75 for the first $1,000,000.00 plus $3.15 for
each additional $1,000.00 or fraction thereof
6
DEVELOPMENT SERVICES
Building Division - cont'd
Building Permit Fees — cont'd
D. Building Valuation Fee
A building valuation multiplier of 2.32 shall be used in conjunction with the Building
Valuation Data provided in the publication, Building Standards, published by the
International Conference of Building Officials for November -December, 2002, except for
Hillside Homes and Commercial Office Tenant Improvements. Their multipliers will be
3.246 and 1.16, respectively. The building permit fees will be increased by the February
Annual Building Cost Index.
E. Building Permit Fees for Remodels, Alterations, and Repairs
The Building Official shall establish the valuation of said improvements, and fees will be
assessed as per Schedule 2.0 above.
F. Special Services & Inspections
1. Inspection outside normal business hours (4 hr min)
2. Re -inspection fees
3. Inspections for which no fee is specifically indicated
(2/hr min)
4. Additional plan review required by changes, additions
or revisions to plans (1 hour min)
5. For use of outside consultants for plan checking
and/or inspections
6. Services for which no fee is specifically indicated (1/2 hr min)
7. Permit/Plan check time extension (per permit)
(applies to permits that have not expired)
8. Express plan review or initial review (1 hr. minimum)
9. Application for the Appeals Building Board Review
$152.00/hr
$132.00/hr
$132.00/hr
$233.00/hr
Actual costs
$118.00/hr
$66.00
$137.00/hr
$233.00
G. Plan Review Fee
A plan review fee shall be charged at the time of filing application. This fee is separate
from and shall be in addition to building permit fee. This fee is calculated at sixty-five
percent (65%) of the building permit fee as per Schedule 2.0 above.
H. Other Miscellaneous Factors to Determine Construction Valuation
1. Convert garage to habitable space
2. Convert unfinished basement or attic to habitable
3. Pools/Spas (gunite)
4. Siding - aluminum/vinyl/wood
5. Antennas & Towers
6. Commercial Awning or Canopy:
Aluminum
Canvas
7
Const.
$99.00/sq.ft
$108.00/sq.ft
$64.00/sq.ft
$8.00/sq.ft
Value As Applied
Under 2.0 Above
$26.00/sq.ft
$19.00/sq.ft
DEVELOPMENT SERVICES
Building Division - cont'd
Building Permit Fees - cont'd
7. Fence or Freestanding Wall (over 6' high):
Wood or metal
Masonry
8. Decks/Balcony
9. Wood Deck
10. Re -roofs
11. Retaining Walls
I. Special Systems Fee
1. Emergency generation, wind power, special HVAC systems, etc.
a. Plan Review (1 hr. minimum)
b. Field Inspection (2 hr, minimum)
2. Photovoltaic - Roof Mounted
a. Plan Review (1/2 hr. minimum)
b. Field Inspection (1 hr. minimum)
3. Photovoltaic - Ground Mounted
a. Plan Review (1 hr. minimum)
b. Field Inspection (2 hr. minimum)
2. Electrical Permit Fees
A. Permit Issuance
1. Fee for issuing an Electrical Permit
2. Additional Electrical Permit fee
B. Plan Review & Re -inspection Fees
1. Plan review fee
2. Additional plan review
3. Re -inspection fee
C. New Residential Construction
(New buildings only, including garages)
C-1 Commercial Construction
$43.00/lf
$72.00/lf
$41.00/sq.ft
$18.00/sq.ft
$3.00/sq.ft
$91.00/lf
$233 .00/hr
$132.00/hr
$233.00/hr
$132,00/hr
$233.00/hr
$132.00/hr
$65.00
$32.00
25% of Electrical Permit Fee
$233.00/hr
$132.00/hr
D. System Fee Schedule
1. Private swimming pools
2. Public swimming pools
For alterations to existing pool, use Unit Fee Schedule E. below
3. Temporary Power Poles
4. Temporary distribution system & temporary lighting
5. Installation of illuminated signs (each)
8
$.11 sq.ft
$.08 sq.ft
$54.00
$9'7.00
$66.00
$32.00
$87.00
DEVELOPMENT SERVICES
Building Division - cont'd
Electrical Permit Fees - cont'd
E. Unit Fee Schedule
1. Receptacle, switch and lights
2. Residential appliances/new circuits:
(cook top, oven, range, disposals, clothes dryers,
or other motor operated appliances not exceeding
one horsepower)
3. Nonresidential appliances/new circuits: $8.00
(medical & dental devices, food, beverage,
drinking fountains, laundry machines, or
other similar equipment)
Note: for other types of air conditioners and
other motor -driven appliances having larger
electrical ratings, see Generators/Motors
4. Photovoltaic system (residential) $91.00
5. Solar systems (including controls) $91.00
6. Power apparatus (generators, transformers, A/C, heat pumps, baking equipment):
Up to 10 KV, each
Over 10 KV not over 50 KV, each
Over 50 KV and not over 100 KV, each
Over 100 KV, each
7. Motors:
Up to 10 hp
Upto25hp
Up to 55 hp
Over 55 hp
8. Transformers:
Up to 5 KVA
Up to 10 KVA
Upto50KVA
Over 50 KVA
9. Busways/conduits (per 100 ft)
10, Service equipment:
200 amps or less
201 to 999 amps
Sub -panels
11. Installation of spas or saunas
F. Other Electrical Fees
1. Duplicate job card
2. Permit extension (applies to permits that have not expired)
9
$2.00
$6.00
$16.00
$26.00
$54.00
$71.00
$16.00
$26.00
$54.00
$79.00
$16.00
$26.00
$46.00
$65.00
$8.00
$66.00
$92.00
$32.00
$32.00
$32.00
$66.00
DEVELOPMENT SERVICES
Building Division - cont'd
3. Mechanical Permit Fees
A. Permit Issuance
1. Fee for issuing a Mechanical Permit
2. Additional Mechanical Permit fee
B. Plan Review & Re -inspection Fees
1. Plan review fee
2. Additional plan review
3. Re -inspection fee
$65.00
$32.00
25% of Mechanical Permit Fee
$233.00/hr
$132.00/hr
C. New Buildings only, including Garages $.11/sq.ft
D. Unit Fee Schedule
1. Installation, of each heating system, A/C,
boiler, compressor or air handler $32.00
2. Each duct repair or alteration $11.00
3. Each fireplace appliance $26.00
4. Each ventilating fan $11.00
5. Installation of separate flue or vents not
included with the installation of an appliance $11.00
6. Installation of each hood with mechanical exhaust:
Residential $26.00
Commercial $97.00
7. Each new or repair of gas piping system $59.00
8. Each additional gas outlet $19.00
9. Installation of evaporative cooler $26.00
E. Other Mechanical Fees
1. Duplicate job card
2. Permit extension (applies to permits that have not expired)
4, Plumbing Permit Fees
A. Permit Issuance
1. Fee for issuing a Plumbing Permit
2. Additional Plumbing Permit fee
B. Plan Review & Re -inspection Fees
1. Plan review fee
2. Additional plan review
3. Re -inspection fee
10
$32.00
$66.00
$65.00
$32.00
25% of Plumbing Permit Fee
$233.00/hr
$132.00/hr
DEVELOPMENT SERVICES
Building Division - cont'd
Plumbing Permit Fees - cont'd
C. New Residential Construction
New buildings only, including garages
D. System Fee Schedule
1. Private swimming pools
(including heater, water piping, gas piping)
2. Public swimming pools
(including heater, water piping, gas piping)
3. Lawn sprinkler system on one meter
4. Each new or repair of gas piping system
5. Each drainage, sewer system
6. Radiant floor heating system
$.11 sq. ft
$79.00
$118.00
$32,00
$30.00
$32.00
$97.00
E. Unit Fee Schedule
1. Each plumbing fixture or trap or set of
fixtures on one trap $11.00
2. Each sewer cleanout, backflow device $11.00
3. Each septic system abatement $97.00
4. Rainwater systems - per drain (inside building) $11.00
5. Each water heater, water softener $26.00
6. Each grease interceptor (750 gallon capacity) $66.00
7. Each grease trap (1-4 fixtures) $38.00
8. Residential water re -piping $97.00
9. Each ejector/sump pump $32.00
10. Each vacuum breaker/hose bib $11.00
11. Each water piping system repair or replacement $19.00
12. Each additional gas outlet $19.00
F. Other Plumbing Fees
1. Duplicate job card
2. Permit extension (applies to permits that have not expired)
5. Other Fees
$32.00
$66.00
A. State of California Title 24 Part 2 Energy and Accessibility Code and Regulation Plan
Review and Inspection Fees
A surcharge shall be added to the building permit fee for the cost to plan review and inspect
for compliance with State of California Title 24 Regulations. This fee is calculated at fifteen
percent (15%) of the building permit fee. This fee is applied whenever a plan review is
assessed.
11
DEVELOPMENT SERVICES
Bui1ding Division. coned
Other Fees — eont'd
B. Duplicate Inspection Card
C. NPDES Inspection Fee
(Charged on all building permits with the potential to
generate non -point source storm water runoff during
construction)
$32.00
$59.00
D. State of California Mandated Building Standards Fee — SB 1473
A surcharge shall be added to all building permits at the rate of four dollars ($4) per one
hundred thousand dollars ($100,000) in valuation, with appropriate fractions thereof, but
not less than one dollar ($1). These funds will be available to the California Building
Standards Commission, the Department of Housing and Community Development, and
the Office of the State Fire Marshall for expenditure in carrying out the provisions of the
State Building Standards Law and provisions of State Housing Law that relate to
building standards. Up to ten percent (10%) shall be retained for related administrative
costs and for code enforcement education.
12
DEVELOPMENT SERVICES
Planning Division
The fees listed below constitute all fees imposed by the Planning Division. Certain types of
applications must be reviewed / processed by other departments/agencies, which may impose
separate fees. Applicants are advised that the fees for those services are not included in the Planning
Department's fees. Where the term "actual cost" is used here, it shall mean: materials, supplies
(including any costs of noticing or publication), outside consultants, employee cost will be billed at
the top step, plus benefits, plus overhead. The following fee schedule is established for applications
filed pursuant to the Town Code. The fees are collected by the Community Development Department
at the time the application is filed unless otherwise noted.
Fees for Additional Processing
In the event additional processing services by the Town are required due to changes,
modifications, additions, errors, omissions, or discrepancies caused by the applicant or
his/her agents or representatives, the applicant shall pay an additional fee as determined by
the Director of Community Development to cover the actual cost.
Fees for Lack of Progress
If additional information is required by the Town for an application and the requested
information is not submitted within 180 days, the applicant will be required to pay a fee of 10
percent of the current application fee at the time the requested information is submitted.
Any re -submittal after one year will be processed as a new application, subject to new fees.
Fees for Major Projects
If it is anticipated that the application processing costs of selected major projects will
significantly exceed the following fees, the Director of Community Development may
collect a deposit and charge actual time spent to process the applications based upon
current hourly rates.
Surcharges: All of the following applications are subject to the surcharge fees as set forth in General
Development Services and in Section 5.H of Planning Division,
1. ZoninApprovals
A. Architecture and Site Applications *
(1) Development Review Committee (DRC) Approval
a. New single family detached (HR & RC zone)
b. New non -custom single family detached (HR & RC zones)
as part of a Planned Development
c. New single family or two family units
d. New single family or two family (any other zone) per unit,
as part of a Planned Development
e. Minor projects (a development proposal that does not
significantly change the size, mass, appearance or
neighborhood impact of a. structure, property or parking lot)
13
$6,043.00
per unit,
$4,198.00
$4,165.00
$2,976.00
$1,509,00
DEVELOPMENT SERVICES
Planning Division cont'd
Zoning Approvals — cont'd
(2) Planning Commission Approval
a. DRC applications as determined in Section 1.A.(1)
or minor residential development applications that
require Planning Commission approval
(this fee supplements the fee established in Section 1.A. (1)
and Section 1.F) $2,186.00
b. New two family unit $3,967.00
c. New nonresidential $6,168.00
d. New multiple family $5,610.00
e. Demolition request with a Planned Development $1,509.00
application
f. All other (i.e.: exceed FAR, major grading, etc.) $3,696.00
* Aside from the fees noted above, no additional Architecture and Site application fees will be
assessed for projects that involve an historic structure or site.
B. Conditional Use Permits
1. Conditional Use Permit $4,276.00
2. Conditional Use Permit (when consolidated
with another application for new development) $710.00
3. Conditional Use Permit for restaurants
Minor Restaurant (DRC Approval) $2,602.00
Major Restaurant (PC Approval) $4,276.00
4. Applications that require Town Council Approval $2,186.00
(these fees supplement the above established fees)
a. Transcription fee of Planning Commission Actual cost
minutes Minimum $500.00 deposit
C. Variance $3,144.00
D. Rezoning (other than Planned Development)
1. Without General Plan or Specific Plan Amendment. $4,590.00
2. With General Plan or Specific Plan Amendment $7,027.00
3. Transcription fee of Planning Commission Actual cost
minutes Minimum $500.00 deposit
14
DEVELOPMENT SERVICES
Planning Division — cont'd
Zoning Approvals — cont'd
E. Planned Development
1. Without General Plan or Specific Plan Amendment
2. Without General Plan or Specific Plan Amendment
(HR or RC Underlying Zone)
3. With General Plan or Specific Plan Amendment
4. With General Plan or Specific Plan Amendment
(HR or RC Underlying Zone)
5. Town Council Modification to a Planned Development
6. DRC Modification to a Planned Development
7.
$21,306.00
$28,046.00
$25,207,00
$31,940.00
75% of current fee
$7,673.00
Publication costs for the planned development ordinance shall be paid by the
applicant.
8. Transcription fee of Planning Commission Actual cost
minutes Minimum $500.00 deposit
F. Minor Residential Development (See Section 1.A. (2) a)
G. Agricultural Preserve Withdrawal
H.
Planning Division Certificates of Use and Occupancy
1. Change of use
2. Change of occupancy (excluding change of proprietor
of a continuing business enterprise)
3. Use/occupancy clearance if Conditional Use Permit is required
or occupancy of a new secondary dwelling unit
I. Hazardous Materials Storage Facility Application
J. Home Occupation Permit
K. Sign Application
1. New permanent sign
2. Temporary nonresidential sign
3. Change of face only
4. Sign program
L. Secondary Dwelling Units
1. New unit
2. One or two existing units
15
$1,509.00
$2,853.00
$232.00
$113.00
No fee
$1,256.00
$143.00
$313.00
$66.00
$129.00
$1,489.00
$1,114.00
$958,00
DEVELOPMENT SERVICES
Planning Division - cont'd
Zoning Approvals — cont'd
M. Mobile Home Park Conversion Permit Actual cost
($5,000.00 deposit)
N. Town Code Amendments Actual cost
($2,000.00 deposit)
O. Administrative Land Use Permit
1. Minor telecommunications facility $126.00
(i.e. microcell, 8021 lb or equivalent)
2. Major telecommunications facility $1,516.00
which do not require a Conditional Use Permit
2. Subdivisions
A. Lot Line Adjustment (DRC Approval) $1,432.00
B. 4 Lots or Less (DRC Approval) $5,984.00
C. 5 Lots or More $9,490.00
D. Vesting Tentative Map (VTM) Fee to be based
on the number of lots under 2B or 2C
E Lot Merger and Reversion to Acreage (DRC Approval) $709.00
F. Condominium $5,011.00
G. Certificate of Compliance (DRC Approval) $2,871.00
H. VTM applications that require Town Council approval $2,186.00
and DRC applications that require Planning Commission approval,
This fee supplements the above -established fees.
3. Miscellaneous Ajplication Fees
A. Time Extensions to Approved Application 50% of current fee
B. Modification to Approved Application 75% of current fee
C. Conceptual Development Advisory Committee Review $1,697.00
D. Push Cart Permit $331.00
16
DEVELOPMENT SERVICES
Planning Division — cont'd
Miscellaneous Application Fees — cont'd
E. Auto Dealer Events
1, Small promotional events
2. Large promotional events
$63.00
$311.00
4. Environmental Assessment Fees
A. Categorical Exemption No fee
B. Initial Study Deposit $5,000.00*
C. Negative Declaration $1,874.00
D. Environmental Impact Report Consultants fee
E. Draft EIR Review Fee $10,374.00
Plus 10% of EIR cost
F. Impact Monitoring Program (AB3180) Actual cost
(hourly basis plus cost of consultant, if necessary)
* The $5,000 fee is a deposit only. The specific cost of the Initial Study and any required special
studies shall be borne by the applicant. The deposit shall be increased before the Town will
authorize work exceeding the amount on deposit. Any deposit balance will be refunded.
5. Other
A. Fence Height Exceptions $186.00
B. Peer/Technical Review — (any remaining deposit will be Actual cost
refunded to the applicant and amounts exceeding the ($1,500.00 deposit
deposit amount will be paid by applicant) plus 10% of actual cost
for administrative charge)
C. Fees For Additional Tech Review and/or DRC Review
DRC beyond three meetings, Planning Commission hearing
beyond two meetings, Town Council hearing beyond
one meeting
Actual cost
D. Surcharges
1. General Plan update surcharge .5% of building valuation
for new construction and additions/
10% of zone change and subdivision fee
17
DEVELOPMENT SERVICES
Planning Division -• cont'd
Surcharges — cont' d
2. Route 85 Study Plan surcharge
10% of application fee
for applications in Route 85 Study Plan Area***
3. Advanced Planning projects 10% of application fee
4. North 40 Study Plan surcharge Actual cost on proportionate basis
*** Not charged to the following applications: 1H, 1J, 1K, 3C, 3D and 3E
E. Consultation
Actual cost on an hourly basis
F. Appeals
1. Fee to appeal Planning Commission decision
to Town Council $325.00 per residential
$1,305.00 per commercial,
multi -family or tentative map
2. Fee to remand applications from Town Council to
Planning Commission where no error was made by
Planning Commission 50% of original application fee(s)
3. Fee to appeal Director of Community Development or
Development Review Committee decision to Planning
Commission $163.00 per residential
$653.00 per commercial
4. Tree appeals
$66.00
5. Appeal transcription fee of Planning Commission Actual cost
minutes Minimum $500.00 deposit
(only applies to appeals from Planning Commission to Town Council)
G. Research Services Minimum Charge Actual Cost
Minimum $100.00 deposit
H. Zoning Research
1. Basic zoning letter $186.00
2. Legal non -conforming verification $437.00
3. Reconstruction of legal non -conforming structures
(Burndown Letter) $186.00
I. Building Permit Plan Check Fee 20% of building fee
J. Newsrack Permit Fee $293.00
18
DEVELOPMENT SERVICES
Planning Division - cont'd
6. Payment of Application Fees
All application fees are to be paid at the time the applications are submitted to the Community
Development Department. If the applicant withdraws an application, which requires a hearing
by the Planning Commission, prior to processing the application for the hearing, 40% of the
paid application fee shall be refunded to the applicant at the discretion of the Director of
Community Development. All other fees. are non-refundable.
19
DEVELOPMENT SERVICES
Engineering Division
The following fees constitute a comprehensive listing of the various fees charged by the Engineering
Program. Certain types of application/permits must be reviewed and/or processed by other Town
departments or public agencies, which may charge separate fees. Applicants are advised that the fees
for those services are not included in the Engineering Program's fees. Where the term "actual cost (s)"
is used here it shall mean: materials, supplies (including any costs of noticing or publication), outside
consultants and employee cost, (including salary, benefits and overhead).
A.
Engineering Plan Check Fees (Public Improvements & Grading Permits)
1. Application fee
2. First $50,000.00 of value
3. Next $50,000.00 of value
B. Additional Engineerin Pg lan Check Fees
1. Each additional plan check beyond three reviews
C. Inspection Fee (Public Improvements & Grading Permits)
1. First $50,000.00 of value
2. Next $50,000.00 of value
3. Outside Inspector or re -inspection
D. Work In or Use of Public Right--of-Way
1. Construction Encroachment Permit Base Fee $238.00
Work over $4,000.00 6% of estimated cost of improvements
Work done at night or week -ends Actual cost of staff time
$ 274.00
10% of estimated cost
of improvements
8% of estimated cost
of improvements
Actual cost
a.
b.
8% of estimated cost
of improvements
4% of estimated cost
of improvements
Actual cost plus 10%
c. Outside Contractor underground utility locating surcharge
(actual cost for outside contractor inspection fee may change)
2. Dumpster Permit
3. Storage Permit
*$500.00 refundable Storage Unit Removal Deposit, to cover cost of
removal, if abandoned.
20
$ 75.00
$101.00
$101.00*
DEVELOPMENT SERVICES
Engineering Division - cont'd
E. NPDES
1, Inspection Fee
(Charged on all Encroachment & Grading Permits and some Storage Permits)
a. No change in impervious area
b. Change in grading or impervious area
c. All other required inspections
2, C-3 Permit Hydrologic Calculation
F. Engineering Subdivision Map Checking *
1. 1 - 4 lots
2. 5 or more lots
G.
H.
Engineering Reversion to Acreage *
1, Map Check
Engineering Lot Merger *
1. Certificate
2. Map checking
I. Engineering Lot Line Adjustments *
1. Certificate
2. Map checking
J. Certificate of Compliance *
1. Certificate review and preparation
2. Map checking
$ 59.00
$0,10sgftwith a
$50,00 minimum
Actual cost
Consultant Cost plus 10% Admin Fee .
Consultant Cost plus 25% Admin Fee
Consultant Cost plus 25% Admin Fee
Consultant Cost plus 25% Admin Fee
$770.00
Consultant Cost plus 25% Admin Fee
$770.00
Consultant Cost plus 25% Admin Fee
$821.00
Consultant Cost plus 25% Admin Fee
K. Abandon Excess Public Right -of -Way & Public Easement
1. Application fee
2. Processing fee
$922.00
$2,735,00
* The 25% Administrative fee is for preparation of reports, reviews, and processes.
21
DEVELOPMENT SERVICES
kgi incering Division ® cont'd
L. Traffic Impact Analysis or Parking Study
1. Development review
(Staff traffic impact analysis or Parking Study)
a. Consultant Report fee
b. Staff Review fee
2. Site Distance Analysis
Actual cost for staff time when analysis exceeds two hours.
M. Geotechnical Peer Review Fees Consultant Cost plus 25% Admin Fee
Actual cost
N. Storm Drainage Fees
1. Development Projects
a. Single family lots
Section 24.60.035(b) (3): For
subdivision whose lots exceed
one acre, the fee shall not exceed
that of one acre per lot
b. Multiple family dwelling units — initial unit
Bach unit after initial
(not to exceed $4,500.00/ac.)
c. Commercial, industrial, hospitals,
churches, schools, and others
Consultant fee
$550.00 plus 10% of the
traffic consultant report
cost
$152.00 per review
not to exceed two (2) hours.
$3,600.00/ac.
$3,600.00/ac.
$135.00
$4,500.00/ac.
2. Building/Grading Permits (Building, Structures & impervious areas)
a. New Impervious surface area, per sq. ft. $1.00/sq. ft.
O. Street Improvement In -Lieu Fee
1. Sidewalks
2. Curb and Gutter
P. Trail Improvements In -Lieu Fee
Q.
Hauling Permits
1. House Moving Fee
a. Per Ilouse, plus
b. Deposit for Facilities Damage
2. Hauling (Overweight Vehicle) Permit
$16.00 per square foot
$57.00 per linear foot
$16.00/per sq ft. or
determined by Director
$ 567.00
$2,077.00
$ 18.00*
*The current State mandated fee is $18.00 for Hauling Permits. If the State fee changes, the
Hauling Permits fee will change to reflect the same.
22
DEVELOPMENT SERVICES
Engineering Division -- cont'd
R. Construction Activities Mitigation Fee (Ordinance 2189)
1. New Buildings and Additions:
a. Residential (per square foot added) $1.00/sq. ft
b. Non-residential (per square foot added) $1.00/sq. ft
23
LIBRARY FEES
A. Fees
1. Inter -Library Loan
2, Proctor fee
B. Lost or Damaged Items
1. Replacement of Adult book/AV item
2. Replacement of Teen/Children's book/AV item
3. Replacement of Adult paperback
4. Replacement of magazine
5. Patron procures replacement copy
$5.00
$25.00
Cost of item plus $10.00 processing fee
Cost of item plus $5.00 processing fee
Cost of item plus $5.00 processing fee
Cost of item plus $5.00 processing fee
Half of normal processing fee for item type
C. Internet printing, initial ten free, thereafter each page $0.10
D. History Project Digital Image Fee
Fair Use Fees (for personal use only)
1. 8 by 10 single weight glossy
2. Digital image scanned to CD/ROM
Commercial Use Fees
1. Educational Media
2. Brochures and flyers
3. Trade publications, including electronic Magazine/Websites
4. Commercial Media
5. Commercial decor
6. Advertising and product design
$20.00
$25.00
$25.00
$50.00
$75.00
$125.00
$125.00
$125.00
Anyone using the photographs for commercial purposes must pay one-time commercial fees
in addition to the cost of the photographic reproduction for each image.
L
A. Overdue Fines
1. Adult Library materials
2. Children's/Teen materials
3. Periodicals
RARY FINES
$.50/day $10.00 max/per item
$5.00 per item after six weeks overdue
standard fine to cost of item
Senior citizens may request an exemption from fines.
24
PARKS AND PUBLIC WORKS
Parks Division
Plaza Use Permit
A permit fee of $55 an hour for events that close the Plaza entirely to the public. This fee
will be charged for the number of hours the Plaza cannot be used safely by the public due
to the event, Additional fees or deposits may be charged for lawn repair, street closures,
and/or additional maintenance, as determined by the Parks and Public Works Director.
Park Use Permit
Park uses not covered
By picnic use fees
Specific Park Use Fee
Group B.B.Q. Area Fee
Organized Recreational Activity Use:
Multiple date use for ongoing
recreational/educational purposes
Resident
$95.00
and $100,00 refundable
clean-up deposit
$95.00 per site
and $100.00 refundable
clean-up deposit
Non -Profit
$95.00 plus $25.00
each additional date
Resident
Use of Bandstand/Gazebo (Oak Meadow)*
Non -Profit: $65.00 per hour
and $500.00 refundable
clean-up deposit
• Minimum 2 hour reservation required
Private Parties:
Pageant Grounds:
Non -Profit:
$90.00 per hour
and $500.00 refundable
clean-up deposit
$65.00 per hour and
$500.00 refundable
clean-up deposit
25
Non -Resident
$125.00
and $100.00 refundable
clean-up deposit
$125.00 per site
and $100.00 refundable
clean-up deposit
For Profit/Private Parties
$125,00 plus $40.00
each additional date
Non -Resident
$120.00 per hour
and $500.00 refundable
clean-up deposit
$160,00 per hour
and $500.00 refundable
clean-up deposit
$120.00 per hour and
$500.00 refundable
clean-up deposit
PARKS AND PUBLIC WORKS
Parks Division ® cont'd
Pageant Grounds:
Private Parties:
Vehicle Escort Fee
Parking Fee
IREMEMMEIMIA
Resident
$90.00 per hour and
$500.00 refundable
clean-up deposit
Non -Resident
$160.00 per hour and
$500,00 refundable
clean-up deposit
$75.00 $100.00
No Charge
$6.00 per vehicle
year-round
Turf Impact Fee
Additional fee added to any Park Use or Special Event Permit, when a permit's scheduled activity
or event will negatively impact the park turf, (locations including but not limited to Oak Meadow,
Plaza, and Civic Center lawn areas). Amount of fee to be based upon best estimate of turf repair
cost, as determined by the Director of Parks and Public Works
Tree Related Fees
A. Tree Removal Permit Application to remove one tree $ 130.00
Additional tree removal fee $ 65.00/each
If application is denied 50% refund
B. Illegal Tree Removal Administrative Fee
C. Replacement Trees - Town Forestry Fund
Per Tree Ordinance Section 29.10.0985
26
$240.00
Tree cost for each 24",36", and/or 45" box
size will be the Market Price plus the
Installation Cost, determined by the Director
PARKS AND PUBLIC WORKS
Parks Division — cont'd
Equipment Hourly Rate as Follows:
Description Cost/hour
Pick-up Truck $29.00
1 ton Flatbed Truck $39,00
Utility Truck $52.00
Dump Truck (10 Wheel) 78,00
Dump Truck (Bobtail) 57.00
Paint Truck 78.00
Line Remover 23.00
Large Mower 57.00
Skidster Loader 57,00
Tractor -loader 57,00
Backhoe 78,00
Rubber -tired Loader 78.00
Roller 57.00
Van 34.00
Paving Box 57.00
Rockier 57,00
High Pressure Sewer Cleaner 107.00
Brush Chipper 39.00
Chipper Truck 57,00
Aerial Unit 85,00
Street Sweeper 85,00
Forklift 39.00
Trailer 39.00
Concrete Saw 29.00
Air Compressor 29.00
Arrowboard 29.00
Generator 23.00
Chainsaw 18,00
Blower 10.00
Streets Division
A. Hazard and/or Debris Removal
1. Staff time spent to conduct hazard and or debris Actual Cost
removal caused by citizen negligence. (based on current
billing rate)
B. Special Event Fees
1. Staff and equipment for special event requests Actual Cost
(based on current
billing rate)
27
POLICE FEES
Fingerprinting - per each Livescan application $ 31.00
(Plus additional DOJ or FBI fees which are based on the level of service for the application)
Fingerprint fees are subject to increase based on DOJ or FBI fees.
Report Copies up to 20 pages $ 21.00
(50.25 for each page over 20)
Subpoena Duces Tecum Per California Evidence Code Section 1563
Photographs
1. For the first 3
2. Each additional
Concealed Weapons
(California Penal Code, Section 12050.2)
1. Initial Permit plus DOJ fingerprinting fee
2. Renewal Permit
Solicitor/Peddler's Permit
(includes permit fee ($45), DOJ print fee ($32),
and LGPD print fee ($27)
Bicycle Licenses (each)
Tow Trucks
1. Driver's Pennit (initial) — includes DOJ
Fingerprinting Fee
2. Driver's Permit (renewal)
3. Service Permit (initial)
4. Service Permit (renewal)
Massage Permit Fees
1. Initial Application for each Therapist
2. Annual Renewal for each Therapist
$ 37.00
$ 13.00
$105.00
$105.00
$105.00
$ 3.00
$256.00
$230.00
$256.00
$230.00
$182.00
$ 91.00
Fee covers staff time to process application, review pertinent documents, arrange for fingerprints and
photographs to be taken and obtain all necessary approvals.
Clearance Letters
1. Each letter
28
$ 23.00
POLICE FEES
Administrative Fee for:
Special Events
1. For -Profit Groups (each)
2. Not -For -Profit Groups (each)
3. All Other Costs as specified in Special Events
Ordinance, Section 14.100.045
$608.00
$152.00
Other Special Police Services Pursuant to Agreement between Police Chief and Requestor
Administrative Fee for:
Motion Picture/Television/ Commercial Still Photo
1, For -Profit Groups (each) $1,407.00
2. Not -For -Profit Groups (each) $507.00
Local Booking Fees and Emergency Response Caused by
1. Drinking Drivers At current billing rate
2. Second Response due to Disturbances
Horse Drawn Vehicle
1. Application Fee
2. Driver's Permit (annual)
3. Vehicle Permit & Inspection Fee
4. Annual Renewal & Inspection Fee
Firearm's Storage Fee
Firearms Dealer's Permit
Vehicle Release
Alarm Registration Fee
1. Commercial
False Alarm
1. Second False Alarm
2. Third False Alarm
3, Fourth False Alarm
4. Fifth False Alarm
$121.00
$ 63.00
$ 63.00
$ 63.00
$106.00 Admin Fee
plus $1.00 per firearm per day for storage
$244.00
$192.00
$ 35.00
$ 56.00
$122.00
$246.00
$369.00
Vehicle Repossession Release Fee $ 15.00
(Government Code Section 41612)
Non -Los Gatos Cite Sign Off $ 25,00
Citation issued for failure to display appropriate
Permit or placard. Dismissal fee in lieu of full
Bail amount:
1. Handicap CVC22507.8/22500(1)
2. Parking Permits
29
$ 32.00
$ 10.00
POLICE FEES
Photographs on CD
Copy of Video Tape
Copy of Audio Tape
ParkiiPermit Fees
1. Residential Parking Permits
Annual residential parking permit/per vehicle
(Limit - 4 per residence)
Visitor guest passes: Two (2) complimentary
with the purchase of the primary permit
Special Event Permit (one day) -First permit
Each additional (one day)
Replacement permit for vehicle change
(within calendar year)
Lost permit replacement
Damaged permit replacement (with return of permit)
2. Business Parking Permits
Standard Employee monthly
Standard Employee annual
Premium Employee monthly
Premium Employee annual
Lost permit replacement
Damaged permit replacement (with return of permit)
3. Construction Parking Permit
One day parking permit per construction vehicle
Each additional day per vehicle
30
$ 53.00
$ 53.00
$ 53.00
$ 38.00
$ 10.00
$ 2.00
$ 10.00
$ 28.00
$ 10.00
$ 28.00
$224.00
$ 38.00
$336.00
$ 33.00
$ 18.00
$ 28.00
$ 5.00
POLICE FINES
Town Code Parking Violation Fines
1. 15.40.015 (Overtime Parking)
2. 15.40.065 (Vehicle Storage on Street)
3. 15.40.070 (Commercial Vehicles in Residential Zones)
4. 15.40.075 (For Sale/Non Emergency Repair)
5. 15.40.080 (Preferential Parking)
6. 15.40.080(b) (Permit Required Area)
7. 15.40.080(c) (Fraudulent use of Permit)
8. 15,40.085 (Posted no Parking Special Events)
9: 15.40.090 (Parking on Parkway)
10. 15.40.095 (Marked Parking Space)
11. 15.40.100 (Parking on Grade)
12. 15,40.105 (Designated Parking VC22507.8)
13. 15.40.110 (Marked Curb)
California Vehicle Code Parking Violation Fines
1. 21113(a) VC (Public Lot Parking in Permit Area)
2. 22500(b) VC (On Crosswalk)
3, 22500(e) VC (Blocking Driveway)
4. 22500(f) VC (On Sidewalk)
5. 22500(h) VC (Double Parking)
6. 22500(i) VC (In Bus Zone)
7. 22500(1).VC (Blocking Curb Access Ramp)
8. 22500.1 VC (Blocking Fire Lane)
9, 22502(a) VC (Parallel 18in,Right Curb)
10. 22502(e) VC (One Way within 18in. Left Curb)
11. 22507.8(a) VC (Designated Disabled Parking)
12. 22507.8(b) VC(Disabled Space Inaccessible)
13, 22507.8(c)(1-2) VC (On Stall or Cross Hatch Lines
14. 22514 VC (Within 15ft of Fire Hydrant)
15. 22521 VC (Within 7ft of Railroad Track)
16. 22522 VC (Within 3ft Sidewalk Access Ramp)
18. 4000(a) VC (Expired Registration)
Fine if corrected within 21 days of issue date
19. 5204(a) VC (No Registration Tabs)
Fine if corrected within 21 days of issue date
20. 5200 VC (Missing License Plate)
Fine if corrected within 21 days of issue date
31
$ 42.00
$ 67,00
$ 67.00
$ 42.00
$ 52.00
$ 52.00
$107.00
$ 42.00
$ 42.00
$ 42.00
$ 42.00
$300,00
$ 42.00
$ 42.00
$ 42.00
$ 42.00
$ 42.00
$ 42.00
$272.00
$292.00
$ 50.00
$ 42.00
$ 42.00
$292.00
$292.00
$292.00
$ 42.00
$ 42.00
$292.00
$276.00
$ 25.00
$190,00
$ 25.00
$190.00
$ 25,00
RESOLUTION 2011-
ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION
(INCLUDING ERRATA SHEETS) AND MITIGATION MONITORING AND
REPORTING PROGRAM AND CERTIFYING THE ENVIRONMENTAL DOCUMENT.
(REZONING TO CM:PD)
APNS: 424-31-053, 054, 063, 424-32-038, 045, 049, 054, 059, 060, AND 063
PLANNED DEVELOPMENT APPLICATION: PD-10-005
NEGATIVE DECLARATION ND-11-004
PROPERTY LOCATION: 90-160 ALBRIGH'T WAY AND
14600 WINCHESTER BOULEVARD
PROPERTY OWNER: LG BUSINESS PARK, LLC
APPLICANT: JOHN R. SHENK
WHEREAS:
A. This matter came before the Town Council for public hearing on June 20, 2011 and
was regularly noticed in conformance with State and Town law.
B. The Town Council has considered the proposed Mitigated Negative Declaration
(including Errata Sheets) and Mitigation Monitoring and Reporting Program, along with
comments received during the public review process and the recommendations of Town staff and
the Planning Commission. The Council hereby finds, on the basis of the whole record before it
(including the Initial Study and comments received), that all potentially significant environmental
impacts have been identified and reduced to a less than significant level by mitigations, and that
the Mitigated Negative Declaration (including Errata Sheets) and Mitigation Monitoring and
Reporting Program reflects the Town Council's independent judgment and analysis and the
Council hereby approves and adopts the Mitigated Negative Declaration (including Errata Sheets)
and Mitigation Monitoring and Reporting Program for Planned Development PD-10-005.
The documents that constitute the record of proceedings upon which this decision is based
can be found in the Town Clerk's Office, 110 E. Main Street, in Los Gatos, California.
ATTACHMENT 15
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los
Gatos hereby adopts the Mitigated Negative Declaration (including Errata Sheets) and Mitigation
Monitoring and Reporting Program; and
BE IT FURTHER RESOLVED that in adopting the Mitigated Negative Declaration
(including Errata Sheets), the Town Council is also adopting a Mitigation Monitoring and
Reporting Program which the Council has made a condition of approval of this project to mitigate
or avoid significant environmental effects.
The Town Clerk is directed to file a Notice of Determination with the Santa Clara County
Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 20th day of June 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\AlbrightEnv.docx
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND LG BUSINESS PARK, LLC.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Of Los Gatos Town Council declares that, after conducting a duly noticed
public hearing on June 20, 2011, to consider adoption of a Development Agreement between the
Town of Los Gatos and LG Business Park, LLC, the Town Council finds that:
a. The Planning Commission held a duly noticed public hearing on May 31, 2011, to
consider the Development Agreement and recommended that the Town Council approve the
Development Agreement.
b. The Development Agreement is consistent with the General Plan and the Los
Gatos Town Code Chapter 29 Zoning Regulations,
findings.
c. The staff report dated June 20, 2011, is approved and adopted as part of these
1
ATTACHMENT 16
SECTION II
Pursuant to Government Code section 65864, et seq., the Council adopts that certain
document entitled "Development Agreement By and Between the Town of Los Gatos and LG
Business park, LLC," subject to the attached Conditions of Approval. A copy of the
Development Agreement is on file in the office of the Town Clerk.
SECTION III
The Town Manager is hereby authorized to sign the Development Agreement on behalf
of the Town of Los Gatos after execution by the Developer.
SECTION IV
The Town Clerk is directed to record the Development Agreement within ten days after
the effective date of the Development Agreement.
Not later than five days after adoption, the Town Clerk is directed to prepare and file a
Notice of Determination with respect to the action of the Town Council.
SECTION V
Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration
(including Errata Sheets) and Mitigation Monitoring and Reporting Program were prepared for
the proposed project.
The documents that constitute the record of proceedings upon which this decision is
based can be found in the Town Clerk's office, 110 E. Main Street, in Los. Gatos California.
SECTION VI
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the Town of Los Gatos within fifteen days after its adoption
and shall take effect and be in force thirty days from and after its adoption.
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2011, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\AlbrightDA.doc
THIS PAGE
INTENTIONALLY
LEFT BLANK
ERRATA SHEET
INITIAL STUDY
90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
LOS GATOS, CALIFORNIA
PLANNED DEVELOPMENT APPLICATION PD-1O-005
MITIGATED NEGATIVE DECLARATION ND-11-004
Based on new information released by the Bay Area Air Quality Management District
(BAAQMD)' and additional information provided by the applicant's consultant,' the following
text changes have been made to the Initial Study (IS). None of the text changes would result in
new significant environmental impacts not previously disclosed in the IS.
Changes and clarifications to the Initial Study text, as outlined below, were initiated by staff
subsequent to publication of the IS to clarify content, add additional information received after
the release of the IS, or to correct the content in the IS. The following changes should be made in
the IS dated April 2011 (added text is underlined and deleted text is shown as strikeou-t):
Project Description
Page 1-16, last paragraph, last sentence:_
"Except for .the removal of ?? trees for the construction of a new entry on Winchester
Boulevard, trees on the perimeter of the property would be retained and protected- to
ensure appropriate screening from residential neighborhoods adjoining the project site
(e.g. Charter Oaks neighborhood)."
Aesthetics
Page 2-14, first paragraph, last two sentences:
"The development proposal of this scale and mass would not conform to the intent of the
General Plan's Vision statement and the VLR Element's stated philosophy to maintain a
"small-town character" for the community, and therefore, would have a potentially
significant effect on the site's visual character. However, implementation of Mitigation
Measure AES-1, which would restrict maximum building heights to be similar to
adjoining commercial and residential development in the project vicinity and/or situate
Jroposed structures to minimize visual effects upon adjoining residents and the public,
would reduce this impact to a less -than -significant level."
• Page 2-15, Mitigation Measure.AES-1, Item a:
"a. Futur e office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
support th e community's -objective of maintaining its small-town character from
Winchester Boulevard and State Route 85; and/or"
Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011,
2 Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development,
Winchester Boulevard, Los Gatos, California, May 3, 2011.
ATTACHRENT 17
Air Quality
Page 2-31, Mitigation Measure AQ-5:
"AQ-5: Operational Risk Reduction Measures. A minimum 261-foot setback
from the freeway shall be required for proposed residential uses and is considered
by the BAAQMD to be sufficient to mitigate any potentiallgnificant impacts on
any residential uses to unhealthful levels of TACs or PM2 5. For any residences
deve-leped-anti n fieshin 900 feet (or the BAAQMD's screening
th-reshold distance but adjusted for traffic/truck volumes at the -time of
development), the-p-reject-applieant shall -demonstrate to the Town's satisfaction
that-the-reposed-residentkdl--set13ae1s-are-adequate or the following shall be
provided:
a A filtereet air—s-uj ply system shall be -installed in all residential units to
maintain positive pressuTe--w-1 en o closee The „tilation system;
whether a central-HV-AC (heating, ventilation and pess-ib-ly-air conditioning)
er a unit -by -unit filtration system, shall .include high -efficiency filters
meeting -minimum -efficiency reporting value (ME~n 13, per American
Seeiety ef-I=leating -Refrigerating and Air Conditioning Engineers
(ASHRAE) Standard 52.2 (equ-i= lent-to-apprexin}ately ASI-IRAE Standard
52.1 Dust Spot 85 percent) -or shall be-cerdf-ied by a licensed design
professional that -the ventilation system -is gable of removing more than 80
percent of -ambient PM2.5 frem-habitable areas of dwelling units.
b —A4f- ntakes-fei- 14V-A- hall-be-leeated away -from -the freeway-te-the
inaxiinui-n-extenteas -1
c. The -applicant shall -also -prepare and-i-n=rplement a plan that ensures on going
maintenance of ventilation and filtration -systems; --including informing
occupant's of the proper maintenance of any installed air filtration system."
Hydrology and Water Quality
Page 2-72,.last three paragraphs:
"The Association of Bay Area Governments has compiled a database of Dam Failure
Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by
dam owners as required by the State Office of Emergency Services and are intended for
planning purposes only. Based on the review of these maps, the project site may be
partially in an area designated as a dam failure inundation area. This is a potentially
significant itn-paw---weu�o�tle-need-te-be confirmed -during a final design level
investigation. However. the Santa Clara Valley Water District proactively performs
seismic stability evaluation and monitoring (visually and' with instrumentation) of its
dams, to mitigate the potential risk to life and property. In addition, dam inundation maw_
generally conservatively assume a complete release, which also has a relative low risk of
occurrence.
For the purposes of this study, it is assumed that the project site would be affected' by
inundation from dam failure, but the likelihood of a failure is extremely low, and the
portion of the site that would be affected is limited to lower elevations near Los Gatos
Creek. This, in conjunction with the dam safety measures implemented by the Santa
Clara Valley Water District on an ongoing basis, would reduce the dam inundation
impact potential to a less -than -significant level. However, with implementation of
Mitigation Measure HYD 2--5-44iR tentine-fe-fleedinb ;-the-s-ite-fii;ure would
he-i-ed uce-cr to aies-s *,s�-•than s-i-g-lific:ant level.
Mitigation-Measurest logy-tnn—'ate;-Q-u city-(;1-
The-fo iyng meas re -&hall be-iipple ented the--pfeje t—a eax��;r�4e al1-Dr eet
See s4o r-edue-e4he project's storm drai-na-ge-i-n+paets-- o less -dean-s-ignificant 4eve-1
Esta13potential ;InhHu do T iits T—he-gi,a`'cr"n-xg-p arts-fer-tl',e
zr ra x�rx
project--design--shall indicate-the-petenti l i'+u f'a+-ion--e-le atians on the site and will
ale-ntify--specific measures-te e -ented-in order to min4m-i tithe-petenti-tl-effects of
site-i-nundation- and-pfeele ie -iT ed-iftundation hazard 4e dewi +,•e^, , ^rt es -
Typical methods of eontre-U=ing feed -taza d^ "^'ude the use of grading to shield the
deve-l-epi-neat from inured -abet:, b., settieg i"teii '• fnislled-floor--elev-ations above
e:spe,-c inz'n'idatloii-c.-n•,,v-crtiv^;:i-,.r "
Transportation/Traffic
Page 2-115, Mitigation Measure TRA-3:
"Winchester Boulevard and Lark Avenue (Signalized Intersection #6). A-n-add-ittenal
4-00-€eet-of storage-spas-pei4a sh-all-be-added by-e-*tending the existing seuthbound
left -tern -lanes —en —Winchester Boulevard bac c to Wimbledon Drive. Tile -extension of the
southbouncl left turn vu'4d-tee there ne al -a- d--reeenstruction of the -mediae -along
W-i-nchester Boulevard -between Lark Avenue- any r -ii "«d-er ver-Alternate-ly-tire
Town may reviewn i -air eperational-study of the Winchester Boulev-ard
corride-betweetate--prcvcr^ t<-vim during Arch;*Tcc -r -aid cite
The stud-- -prepared by a licensed -eng nee- -m i',t show -drat coordination -and
synchronization of traffic -signal timing within this -crux- -idot=Telly--na-iti-ga ,ems -pre and pe-st-
project queue^ ^;Tz�t-4he-rnarvenue-interseetien by keeping them froirr-e-r�tendi-ninto the
srarimbledorr-Drive "-i t, . The developer shall interconnect and synchronize the
traffic signals at the Lark/University, Winchester/Lark, Winchester/Wimbledon, and
Winchester/New project entry intersections to mitigate pre- and post -project queues at the
Lark Avenue intersection by preventing them from extending into the Wimbledon Drive
intersection.' The interconnection and synchronization improvements shall be completed
prior to issuance of the first certificate of occupancy for the development please that
triazers project entry signalization.
These improvements are based on an operational study of the interconnection and
synchronization of traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon,
and Winchester/New project entry that was prepared Hexagon Transportation Consultants, Inc. in
June 2011. The study concluded that interconnection and synchronization of these signals would
fully mitigate project queuing impacts without the need to lengthen turn pockets."
Page 2-116, Mitigation Measure TRA-4:
"Pedestrian and Bicycle Access. As -part of Architecture and Site= ew-i-tl-e Town
shall specific -ally review and evaluate site development-0ns for the neec-1=te-e-i
previde_-et-preven-t-p d<,� ;-aee ss-ala --east side of Wi+ic-pester Boulevard (-north of
Alb -Eight Way). In addition, a In order to avoid potential pedestrian safety hazards, the
project applicant shall install appropriate fencing along the east side of Winchester
Boulevard to prevent pedestrians from trying to cross the railroad tracks. Further, aAll
required improvements along Winchester Boulevard (including those specified in this
m lsure and Mitigation Measure TRA-1 through TRA-3 shall be designed to
accommodate the proposed Class II bikeway designated by the 2020 General Plan for
Winchester Boulevard between Lark avenue and the northern town limit."
N:\DEV\JOEL\PLANNING\Albright\Environmental\Studies and Reports\ErrataAlbrightlSPinal.doc
ERRATA SHEET
MITIGATED NEGATIVE DECLARATION
90-160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
LOS GATOS9 CALIFORNIA
PLANNED DEVELOPMENT APPLICATION PD-10-005
MITIGATED NEGATIVE DECLARATION ND-11-004
Based on new information released by the Bay Area Air Quality Management District
(BAAQMD)i and additional information provided by the applicant's consultant, 2 the following
text changes have been made to Mitigated Negative Declaration (MND). None of the text
changes would result in new significant environmental impacts not previously disclosed in the
MND.
Changes and clarifications to the MND text, as outlined below, were initiated by staff subsequent
to publication of the MND to clarify content, add additional information received after the release
of the MND, or to correct the content in the MND. The following changes should be made in the
MND dated April 2011 (added text is underlined and deleted text is shown as st 4keou-t):
Project Description
Page 1-16, sixth paragraph, last sentence:
"Except for the removal of ?? trees for the construction of a new entry on Winchester
Boulevard, trees on the perimeter of the property would be retained and protected to
ensure appropriate screening from residential neighborhoods adjoining the project site
(e.g. Charter Oaks neighborhood)."
Aesthetics
Page 10, fifth paragraph, last two sentences:
"The development proposal of this scale and mass would not conform to the intent of the
General Plan's Vision statement and the VLR Element's stated philosophy to maintain a
"small-town character" for the community, and therefore, would have a potentially
significant effect on the site's visual character. However, implementation of Mitigation
Measure AES-1, which would restrict maximum building heights to be similar to
adjoining commercial and residential development in the project vicinity and/or situate
proposed structures to minimize visual effects upon adjoining residents and the public,
would reduce this impact to a less -than -significant level."
Page 11, Mitigation Measure A:ES-•1, Item a;
"a. Futur e office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
Bay Area Air Quality Management District, County Surface Street Screening Tables, April 29, 2011.
'Cornerstone Earth Group, Geotechnical Consultation, Albright Way Transit Oriented Development,
Winchester Boulevard, Los Gatos, California, May 3, 2011.
support the community's objective of maintaining its small-town character f rom
Winchester Beu1ewafd-an tate Route 85; and/or"
Air Quality
Page 22, Mitigation Measure AQ-5:
"AQ-5: Operational Risk Reduction Measures.. A minimum 261-foot setback
from the freeway shall be required for proposed residential uses and is considered
by the BAAQMD to be sufficient to mitigate any potentially significant impacts on
any residential uses to unhealthful levels of TACs or PM, 5. For any -residences
developed under Scenarios 3 oi• '1 within 900 feet-fet4h -D-s-set-etiiring
threshold distance but adjusted for traffic/truck volumes at the time of
development), the project applicant shall demonstrate to the Town's satisfaction
that -the proposed-residertie-se ae's-are-adequate or the -following steal-l-be
prov-idefI
a. A filtered air supply system -shall -be -installed in all residential units to
maintain positive--pfessure-wh-en-y4i. d ws " clesed. The ventilation .,ystcm-
whether a central-l-TVAC (heating, ventilation and-pos&i-bly eend *ioni-k+g)
or-a-unit-by-unn-it filtration-systen,, "elude high efficiency -filters
meeting minimumefacienc" "eporting value (ram (M-RRV, pe -Afae =lean
Soeiety o-f- Ieating,—Reffigerating and Air Conditioning Engineers
(ASHRAE) Standard .52.2 (equivalent te-app ately-ASHI n CS4amiard
524- ust-S-pot--85 percen-t) or shall --be certified1;ee„sed--desi-g-n
b
professional that the-nti4- +;^ ,".ten;--i-s-eapaNe of remov-i ig more- a-i -8-0
percent of ambient PM2.5 from habitable ar as of -dwelling units.
b, Air intake fo.. HV n r~ shah be located away-Troni the--ffree=w—to-the
extent feasible.
c, The applicant shall also pi az element a plan that ensures on going
maintenance of ventilation and-fi-ltrat-i-on--systems, including informing
occupant-ef-theptioper maintenance of any -instal -led -air filtration -system,"
Hydrology and Water Quality
Page 48, third, fourth, and fifth full paragraphs:
"The Association of Bay Area Governments has compiled a database of Dam Failure
Inundation Hazard Maps (ABAG, 1995), The generalized hazard maps were prepared by
clam owners as required by the State Office of Emergency Services and are intended for
planning purposes only. Based on the review of these maps, the project site may be,
partially in an area designated as a dam failure inundation area. This is a potentially
significant impact and would need to be confirmed. during a final -design level
i-nvestigation, However, the Santa Clara Valley Water District proactively performs
seismic stability evaluation and monitoring (visually and with instrumentation). of its
dams, to mitigate the potential risk to life and property. In addition, dam inundation maps
generally conservatively assume a complete release, which also has a relative low risk of
occurrence.
For the purposes of this study, it is assumed that the project site would be affected by
inundation from dam failure, but the likelihood of a failure is extremely low, and the
portion of the site that would be affected is limited to lower elevations near Los Gatos
Creek, This, in conjunction with the dam safety measures implemented by the Santa
Clara Valley Water District on an ongoing basis. would reduce the clam inundation
impact potential to a less -than -significant level. However, with implementation -of
Mitigation Measure HYD 2, the potential for flooding of -thS site fre„, dam-fa4lur-c a=euld
be -reduced -to a less than significant levet
Mitigatio-n Measiues-- $Iyt ,,,.l.,y , and Wa to Qual , (uQrn)
The followi+ig ;;z s',ai' be ; „'e e„�ite-pi j-ect-appl-icant-ruder all Project
Scenarios to reduee the project's storm drainage impacts to less -than �tgttjfr T
HYD 1: L to for --the
project design shall indicate -the potential inundation--evatictts-cm-the-s-i-te-an-d--will.
i4eiitifl�-so^, Tres tires to be implemented in ordeEto min -ionize the-petentia-l--effects-ef
s-itc inunda4o nd &lude increased inundation hazards-te--downstream properties,
Typical methods- of controlling f'- od-hazards-i-nclude tthe use of -grading to :,lrield--tie
d leprnett-f1'em inundation; er-by-setting interior finished floor .elevations-7-above
ex-pect intulclatien elcvatioits."
Transportation/Traffic
Page 79, Mitigation Measure TRA-3:
"Winchester Boulevard and Lark Avenue (Signalized Intersection #6). An
additiena?1-1-Go ,t-o4 temge pace pew -lane shall be --a ddecl-b� w in e
existing southbound—left turn lanes o Winebester e.gird-b«k-to-Winnblcden
Di4*e. The extension of the southbound left -turn -lanes would require removal -and
rree nsstruetion e *ch e-mzedian along Winchester Boulevard be ween-Ti a 1€-z i v'irnne
and V%, imbledon Driv -- Alternately; -t e iew-and approve --tan
operatic^rii. l-sto€-the-W ihes Boule ttrd corrid^,. >,o+ween-Lark-Avenuo n4
lYI'-L"7\s C9VZZ:i'Y V 11LRv a�
State Route-8-5--duurin=f,�4rehi-teeture and Site review. The --study, prepared--by-a
Hee -ear nee-r, must -show that--eeordination-and--synchronization of traffic
signal timing within-this--eorrider--fully--mitigates- pie --and post project q-ueuess-at
the —Lark Avenue —intense tien--hy keeping --thorn from ex4enE-ling -into—t e
Wimbledon Drive intersectionThedeveloper shall interconnect and synchronize
the traffic signals at the Lark/University, Winchester/Lark,
Winchester/Wimbledon,. - and-Winchester/New --projectentry- intersections to
mitigate pre- and post -project queues at the Lark Avenue intersection by
preventing them from extending into the Wimbledon Drive intersection.' The
interconnection and synchronization improvements shall be completed prior to
issuance of the first certificate of occupancy for the development phase that
triggers project entry signalization,"
These improvements are based on an operational study of the interconnection and synchronization of
traffic signals at Lark/University, Winchester/Lark, Winchester/Wimbledon, and Winchester/New project
entry that was prepared Hexagon Transportation Consultants, Inc, in June 2011, The study concluded that
interconnection and synchronization of these signals would full minute project queuing_ imp acts without
the need to lengthen turn pockets.
Page i9; Mitigation Measure TRA-4:
"Pedestrian and Bicycle Access. As -part of Architee-titre and S-tie-Review, the Town
shall specifcal-ly-t-evand--e—'al-uat—site—deg=elopfne1t-p-Ians for the need to-e-i-the+
}provide or -prevent pedestrian access along 1st side -of Winchester Boulevard (north of
Albright Way). In addition, a In order to avoid potential pedestrian safety hazards, the
project applicant shall install appropriate fencing along the east side of Winchester
Boulevard. to prevent pedestrians from trying to cross the railroad tracks. Further, aAll
required improvements along Winchester Boulevard (including those specified in ti4s
measure and Mitigation Measure TRA-1 through TRA-3) shall be designed to
accommodate the proposed Class I1 bikeway designated by the 2020 General Plan for
Winchester Boulevard between Lark avenue and the northern town limit."
Page 2-116, Mitigation Measure TRA-5:
"Parking Survey. During the Architecture and Site review process, a parking survey will
need to be completed at other comparable facilities in the region in order to determine
adequacy of proposed parking for light industrial use -tinder all Project -Scenarios and-fef
senior residents as well as senior facility staff under Scenario 4."
N'\DEV\JOEL\PLANNING\Albright\Environmental\Studies and Reports\ErrataAlbrightMNDPinaLdocx
MITIGATION MONITORING AND REPORTING PROGRAM
DATE: June 16, 2011
PROJECT: 90 - 160 Albright Way and 14600 Winchester Boulevard/
PD-10-005, ND-11-004
.Mitigation i\•leasure -
Implemen-
: tation
Responsibility
Timing &
i\Ionitoring
1. Aesthetics
•
Mitigation Measures — Aesthetics (AES). The following measures shall be
implemented by the project applicant under all Project Scenarios to reduce the
project's visual quality impacts to less -than -significant levels.
AES-1: Limit Visibility.
In order to be consistent with the scale and heights of adjoining commercial
and residential development in the project vicinity, support the objectives and
policies of the General Plan's VLR Element, and maintain the small-town
character of' the community, the proposed project configuration shall
implement one or both of the following measures:
a. Future office and residential structures shall be limited to a height that
ensures a substantial portion of building bulk will be screened by existing
and future landscape trees to reduce the effects of building height on
views to hillside ridgelines and support the community's objective of
maintaining its small-town character; and/or
b. Future office and residential structures shall be situated and designed to
minimize visual effects on the travelling public, adjacent residents, and
nearby commercial uses. The selected project scenario shall include a
design that incorporates a combination of buildings with various rather
than uniform heights; building design features such as articulation of
facades, appropriate fenestration treatment, and similar architectural
elements; and a landscaping plan that includes tree species with
appropriate height potential to maximize screening of the proposed
buildings' upper floors.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
Permits.
Ensure these measures
are incorporated into
project plans.
_
Monitoring: During
Construction.
AES-2: Thee Screens.
Existing landscape trees along the northern boundary should be retained to the
maximum extent possible to more quickly provide screening from SR 85 and
the Los Gatos Creek Trail,
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
Permits.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
Construction.
AES-3: Landscape Plantings.
Proposed landscape plantings shall be initiated during the preliminary phases
of the any approved development scenario in order to maintain and enhance the-
screening of project site facilities from residents in the Charter Oaks
neighborhood and recreationists using the Los Gatos Creek Trail. In the event
that the applicant is .responsible for the planting of more replacement trees than
can be accommodated on the project site, the project applicant and Town will
consider opportunities for the planting of native riparian plant species,
including trees, within the Los Gatos Creek riparian zone. These efforts will
need to be coordinated with the Santa Clara Valley Water District, which has
jurisdiction over the creek and adjoining riparian areas.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Tree Removal
Permits.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
Construction.
2, Agriculture and Forestry Resources
No Mitigation Measures and Monitoring required.
N/A
N/A
N/A
3. Air Quality
Mitigation Measures — Air Quality (AQ). The following measures shall be
implemented by the project applicant (Measures AQ-1 through AQ-4 apply to
all Project Scenarios, while Measure AQ-5 applies to Scenarios 3 and 4 only)
to reduce the project's air quality impacts to less -than -significant levels:
AQ-1: Basic Construction Measures.
To limit the project's construction -related dust and criteria pollutant emissions,
the following BAAQMD-recommended Basic Construction Mitigation
Measures shall be included in the project's grading plan, building plans. and
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
ATTACHMENT 18
1\litigation Measure
intplemen-
tation
Responsibility
Timing &
Monitoring
(AQ-1 continual.)
contract specifications:
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 mucl 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 cry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks t0 be paved shall be completed as
soon as possible.
f. Idling times shall be minimized either by shutting equipment oft' when not
in use or reducing the maximum idling time to five minutes (as required by
the California airborne tonics 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 t\rith manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to
contact at the Town regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The BAAQMD's phone
number shall also be visible to ensure compliance with applicable
regulations.
AQ-2: Additional Construction Measures. The following BAAQMD
Additional Construction Mitigation Measures shall be included in contract
specifications for construction:
a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases
[ROG]) coatings beyond the BAAQMD requirements (i.e., Regulation 8,
Rule 3: Architectural Coatings).
b. VOC content of architectural coatings shall not exceed 150 grants VOC
per liter of coating.
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit,
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
AQ-3: Additional NOx Reduction Construction Measures. The following
limitations shall be included in contract specifications for construction and
adhered to during soil hauling activities (during mass and fine grading) for
each construction phase in order to ensure NOx emissions'would be reduced to
less -than -significant levels (phasing parameters are defined in the
URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the
Initial Study):
• Phase 1: Trucks hauling soil during Phase 1 shall not travel more than
23 miles roundtrip. Daily vehicle miles traveled (VMT) clueing mass
grading shall not exceed 1,416; daily VMT during fine grading shall not
exceed 425.
• Phase 2: Trucks hauling soil.during Phase 2 shall not travel more than 26
miles roundt'ip. Daily VMT during mass grading shall not exceed 1,629;
daily VMT during fine grading shall not exceed 671.
• Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36
miles roundtrip. Daily. VMT during mass grading shall not exceed 2,318;
daily VMT enuring fine grading shall not exceed 625.,
The contractor shall log VMTs daily and submit to the Town monthly. These
limitations shall be stipulated in construction bids, plans, and specifications.
Required as
a condition
of approval.
•
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
AQ-4: Additional DPM Reduction Construction Measures. Prior to the
approval of project plans and specifications, the Town Engineer, or his
designee, shall confirm that the construction bid packages include a plan
demonstrating that the off -road equipment (store than 50 horsepower) to be
used in the construction project (i.e„ owned, leased, and subcontractor •
vehicles) will achieve a project wide fleet -average 20 percent NOx reduction
and 45 percent diesel particulate natter (DPM) reduction compared to the most
recent CARB fleet average. Acceptable options for reducing emissions include
the use of late model engines, low -emission diesel products, alternative fuels,
engine retrofit technology, after -treatment products, add -on devices such as
particulate filters, and/or other options as such become available. These
limitations shall be stipulated in construction bids, plans, and specifications,
and shall be enforced by the Town Engineer.
Required as
a condition
of approval.
Directors of
Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure DPM reduction
measures are properly
incorporated into
construction bid
packages.
2
11litigation I Leasure.
Implemen-
tation
Responsibility -
:Timing-&
- Monitoring -
AQ-5: Operational Risk Reduction -Measures, A minimum 261-foot
setback from the freeway shall be required for proposed residential uses and is
considered by the BAAQMD to be sufficient to mitigate any potentially
significant impacts on any residential uses to unhealthful levels ofTACs or
PM. ,
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans.
Monitoring: During
construction.
4. Biological Resources
Mitigation Measures — Biological Resources (BIO), In order to avoid
impacts to special -status and migratory bird species during project
implementation, the measures outlined below shall'be implemented under all
Project Scenarios. With the incorporation of the following -measures,
significant impacts on these species would be reduced to less than significant:
BIO-1: Protection of Nesting Birds during Construction.
The following measures shall be implemented prior to any on -site construction
activities:
a. Tree and shrub removal, pruning, and structure demolition should be
conducted outside of the breeding season between September I and
January 31 to avoid impacts to nesting birds.
b. If tree and shrub removal, pruning, and structure demolition must occur
during the breeding season (February 1 to August 31), preconstruction
surveys shall be conducted within the project footprint and a 300-foot
buffer, by a qualified biologist no more than two weeks prior to equipment
or material staging, pruning/grubbing or surface -disturbing activities. If no
active nests are found, no further measures are necessary.
c. If active nests i.e. nests with eggs or young birds present, of special -status
or migratory' birds are found, non -disturbance buffers shall be established
at a distance sufficient to minimize disturbance based on the nest location,
topography, cover, the nesting pair's tolerance to disturbance and the
type/duration of potential disturbance. No work shall occur within the
non -disturbance buffers until the young have fledged, as determined by a
qualified biologist. Buffer size should be determined in cooperation with
the CDFG and the USFWS. If buffers are established and it is determined
that project activities are resulting in nest disturbance, work should cease
immediately and the CDFG and the USFWS should be contacted for
further guidance.
d, If active raptor nests are found within 300 feet of construction activities, a
qualified biologist shall be on site to monitor the nests for signs of
breeding/rearing disruption. If it is determined that any construction
activity is resulting in nest disturbance, work shall cease immediately and
the CDFG and the USFWS shall be contacted to develop protective
measures.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
B10-2: Protection of Riparian Habitat during Construction.
Project implementation would require the operation of heavy equpment and
machinery for an extended period of time, increasing the level of human
activity, noise, lighting, and drifting dust, potentially disrupting wildlife
breeding and normal activities in the adjacent Los Gatos Creek riparian habitat.
Such effects may reach significant levels without the incorporation of
following measures: -
a. Project construction activities shall be restricted to daylight hours;
nighttime work shall not be permitted.
b. Use of elevated floodlights shall not be permitted; any exterior lighting
shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
c. Vehicle/equipment operations in the vicinity of the riparian corridor shall
be minimized to the extent practicable.
d, Dust control must be practiced during demolition and grading.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
3
Mitigation Measure
BIO-3: Protection of Riparian Habitat during Project Operation.
Implementation of any of the proposed scenarios could result in increased
lighting of the riparian corridor at Los Gatos Creek. The mixed -use scenarios
could also result -in increased interaction between wildlife and domestic pets.
Such effects may reach significant levels without the incorporation of
following measures:
a. The lighting of the selected scenario shall ensure that exterior lighting is
directed inward and shall not cause the illumination of the adjacent
riparian habitat.
b. Restrictions shall be in placed to prevent the placement of pet food
containers out-of-doors in areas accessible to wildlife.
c. Free -roaming domestic pets (e.g. cats, off -leash dogs) shall not be
permitted.
d. All exterior trash receptacles shall be designed and maintained to exclude
wildlife.
Implemen-
tation
Required as
a condition
of approval.
Responsibility
Directors of
Community
Development
and Parks and
Public Works
Timing &
Monitoring
Ensure these measures
are incorporated into
project plans.
ivionitoring: During
and alter construction.
1310-4: free Protection and Replacement, in order to provide appropriate
mitigation for the loss of Ordinance -protected trees, the following measures
would be required:
a. The project proponent shall secure a Tree Removal Permit from the Town
of Los Gatos prior to removing or grading within the dripline of any
protected tree,
b. For the worst -case condition of tree impacts and the Town's tree
replacement formula, the maximum number and sizes of replacement trees
that could be required are indicated as follows, but could be less depending
on the final development design:
Number of Trees
Size
1282
24" box sized trees, and
4
36" box sized trees, and
4
48" box sized trees.
or
54
36" box sized trees, and-
236
48" box sized trees,
Actual tree replacement would be based upon the final permitted number
of trees removed.
c. If a tree cannot be reasonably planted on the subject property, the value of
the removed tree(s) shall be paicl to the Town Forestry Fund to:
• Add or replace trees on public property I the vicinity of the subject
property, or
• Replacement value of a tree shall be determined using the most
recent edition of the Guide for Plant Appraisal, as prepared by the
Council of Tree and Landscape Appraisers.
d. Although the adjacent Los Gatos Creek corridor is not Town property,
belonging to the Santa Clara Valley Water District, the Town may also
consider accepting riparian habitat restoration and enhancement activities
as compensation for the loss of some protected trees on the subject
property. As described above, the riparian habitat is degraded by the
presence of invasive non-native trees, which could be removed and
replaced with native riparian trees. From the perspective of' CEQA,
enhancement and restoration ol'the adjacent riparian habitat would
satisfactorily mitigate tree impacts resulting from project implementation.
e, The project sponsor shall' avoid planting ornamental' species reported by
the California invasive Plant Council to have the potential to be invasive.
Species on this list that can spread by wind—borne seed shall be prohibited
from use in landscaping. The proposed list of landscaping species for the
project shall be reviewed and approved by the Town.
In addition to conformance to the Tree Protection Ordinance, the arborist's
report (Ellis 2011) also outlines protective measures before and shoring
construction. Additional tree protection guidelines are presented in the
Tree Protection Ordinance. These measures shall be implemented.
g. During construction, accidental injury or removal to and protected trees
shall be reported inuiiediately to the Town and appropriate measures taken,
as identified by the Town, to mitigate the non -permitted damage and to
prevent further accidental impacts.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Ensure these measures
are incorporated into
project plans.
Monitoring: During
and after construction.
4
iMitigation Measure
Implemen-
tation
Responsibility
-
Timing & : -
Monitoring
(BIO-4 continued.)
h. The Town shall implement recommendations made by the Town's
consulting arborist, Deborah Ellis, in her February 18, 2011 report, These
measures encompass design guideline recommendations encompassing the
establishment of a Tree Protection Zone to preclude the disturbance of
trees to be retained on the project site, erosion control measures, drainage
control, and tree replacement requirements. bl addition, the arborist's
report presents tree protection measures to be implemented before and
during project construction. These recommendations are included as
Attachment 3 of the Initial Study.
5. Cultural Resources
Mitigation Measures — Cultural Resources (CUL). The following measures
shall be implemented by the project applicant under all Project Scenarios to
reduce the project's potential impacts on archaeological resources to a less -
than -significant level:
CUL-1: Archaeological Monitor.
A qualified archaeologist shall be retained to monitor the site clearing and
grading operations in those areas•where buildings will be removed and/or new
construction will occur. The archaeologist shall be present on -site to observe
site clearing -at a representative sample of building removal areas until he/she is
satisfied that there is not longer a potential for finding buried resources. In the
event that any potentially significant archaeological resources are discovered,
the project archaeologist shall stop work inside a zone designated by him/her
where additional archaeological resources could be found. A plan for the
evaluation of the resource shall be submitted to the Community Development
Director for approval. Evaluation normally takes the form of limited hand
excavation and analysis of materials and infonnation removed to determine if
the resource is eligible for inclusion on the California Register of Historic
Resources (CRHR).
Required as
a condition
of approval.
Director of
Community
Development
Monitoring: During
construction.
CUL-.2: Identification of Eligible Resources.
If an eligible resource is identified, a plan for mitigation of impacts to the
resource shall be submitted to the Los Gatos Community Development
Department for approval before any additional construction related
earthmoving can occur inside the zone designated as archaeologically sensitive.
Mitigation could include additional hand excavation to record and remove for
analysis significant archaeological materials, combined with additional
archaeological monitoring of soils inside the archaeologically sensitive zone.
Required as
a condition
of approval,
Director of
Community
Development
Monitoring: During
construction.
CUL-3: Discovery of Human Remains. Required monitoring will also
serve to identify and hopefully reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the
responsibility of the project.archaeologist to contact the County Coroner's
Office and the Native American Heritage Commission (NAHC). The NAHC is
responsible for naming a Most Likely Descendant (MLD) who shall represent
tribal interests in regards to human remains and associated grave goods. The
MLD shall make recommendations to the Community Development Director
regarding the method for exposure and removal of human burials and
associated grave goods, and shall advise the Community Development Director
regarding the place and method of reburial of these materials.
Required as
a condition
of approval.
Director of
Community
Development
Monitoring: During
construction.
6. Geology and Soils
Mitigation Measures —Geology and Soils (GEO). The following measures
shall be implemented by the project applicant under all Project Scenarios to
• reduce Me project's seismic, geologic, and soil impacts to less -than -significant
levels:
GEO-1: Detailed Geotechnical Investigations.
The project sponsor shall ensure that a design -level geotechnical investigation
is conducted for each planned site improvement. The recommendations of the
geotechnical investigation shall be incorporated in the final construction plans -
for the proposed project. These recommendations shall address liquefaction,
lateral spreading, ground rupture due to liquefaction, and differential
compaction.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that
recommended
measures .from the
design -level
geotechnical
investigation are
incorporated into
project plans.
Monitoring: During
Construction.
5
Mitigation Measure
linplemen-
tation
Responsibility
Timing &
Monitoring
GEO-2: Undocumented Pill,
The project sponsor shall require the removal of undocutented fill materials
within proposed building excavations. Reuse of the fill materials shall only be
allowed if they meet the requirements for engineered fill. Otherwise, imported
engineered fill shall be required for building excavations. Undocumented fill
materials that do not meet the requirements for engineered fill shall be reused
for landscaping or in non-structural fill areas, or shall be disposed of off -site.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public \k'orks
Prior to issuance of
any Grading Permit.
Monitoring: Ensure
that undocumented till
materials are properly
characterized and
reused/disposed of off -
site during
construction.
7, Greenhouse Gases
Mitigation Measures — Greenhouse Gases (GHG), The following measure
shall be implemented by the project applicant under all Project Scenarios to
reduce the project's GI-1G emissions to a less -than -significant level:
GHG-I: GhIG Reduction Measures,
A combination of the following list of sustainability and design features shall
be incorporated into uses ultimately developed on the project site to achieve the
overall scaled reduction in GI-IG emissions necessary to meet -the BAAQMD's
significance threshold of 4.6 MT of GHG per service population per year). For
example, based on development project scenarios reviewed in this report,
scaled reductions would be required are as follows: 44.34 percent for Scenarios
1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to
issuance of building permits, the project applicant shall demonstrate required
scaled reductions are achieved through incorporation of a combination of
sustainable project design features, Each measure and associated GI-IG
reduction shall be identified and included on all project plans and
specifications. One or more of the folowing sustainability and design features,
or other measures that may become available in the future, shall be included to
achieve the required scaled reductions in GHG emissions:
• Provide secure on -site bike parking (ratio shall be at least one space per 20
vehicle spaces).
• Provide information on transportation alternatives (i.e., bus schedules and
maps) accessible to employees within each proposed building.
• Provide preferential on -site carpool/vanpool parking.
• Increase energy efficiency beyond Title 24 by 20 percent.
• Install smart meters and programmable thermostats.
• Plant shade trees within 40 feet of the south side or within 60 feet of the
west sides of the buildings. .
• Install roofs with highly reflective materials (albedo of at least 30) to
reduce cooling load.
• Meet 2010 Green Building Code Standards.
• Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance
efficiency and reduce energy loss.
• Include solar photovoltaic or other technology to generate electricity on -
site to reduce consumption from the electrical grid.
• Implement employee telecommuting program.
• Provide showers/changing faciltieis on -site for employee use.
• Implement an on -site carpool matching program for employees.
• Provide on -site amenities (i.e., eating and other establishments).
• Increase the project design by 100 percent (i.e., presence of transit -oriented
development design guidelines, complete street standards).
• Work with the Bay Area Air Quality Management District (BAAQMD) to
implement acceptable off -site mitigation. This involves an agreement with
the BAAQMD and payment of fees or the purchase of carbon credits. The
BAAQMD would commit to reducing the type and amount of emissions
identified in the agreement.
Required as
a condition
of approval.
Director of
Community
Development
Prior to issuance of
any Building Permits.
Ensure that necessary
measures are
incorporated into
project plans to. ensure
that the BAAQMD
GI-IG significance
threshold is met.
•
8. 1-Iazards and Hazardous Materials
Mitigation Measures — Hazards and Hazardous Materials (I-IAZ). The
following measures shall be implemented by the project applicant uncler all
Project Scenarios to reduce the project's hazards and hazardous materials
impacts to less -than -significant levels:
•
- Mitigation Measure
Implemen-
tation
Responsibility
-Timing &
Monitoring
. Prior to Architecture
and Site approval and
prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans and
contract specifications.
(8. Hazards and Hazardous Materials continued.)
HAZ-I: Hazardous Materials Removal.
The following measures shall be required to reduce public health risks related
to removal and disposal of hazardous materials to a less -than -significant level:
a. The project sponsorshall retain•a qualified professional to update the
environmental database review performed as part of the Phase I ESA no
more than three months prior to the start of any construction activities that
would involve disturbance of greater than 50 cubic yards of soil. The
qualified professional shall prepare a report summarizing the results of' the
environmental database review that assesses the potential for any identified
chemical release sites to affect soil quality at the proposed project site and
identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed.
b. The project sponsor shall retain a qualified professional to conduct
appropriate sampling to assess the presence and extent of chemicals in the
soil as needed for all construction activities under the proposed project that
require disturbance of greater than 50 cubic yards of soil. To evaluate the
potential for the presence of pesticides and metals, sample analysis shall
include dioxins and furans, chlorinated herbicides,. chlorinated pesticides,
and California Title 22 metals at a minimum. If contamination from a
nearby 'site is indicated by the environmental database review conducted in
accordance with Mitigation Measure HAZ-la, then additional analysis
shall be conducted in accordance with the recommendations of the
qualified professional. The project sponsor shall also be required to notify
the regulatory agencies- if the concentration of any chemical exceeded its
respective screening level.
c. For excavation activities where chemical concentrations exceed
environmental screening levels, the project sponsor shall require the
construction contractor to prepare and to implement a site safety plan,
based on the results of sampling conducted as specified in Mitigation
Measure HAZ-lb, identifying the chemicals present, potential health and
safety hazards, monitoring to be performed during site activities, soils-
handling,methods required to minimize the potential for exposure to
harmful levels of the chemicals identified in the soil, appropriate personnel
protective equipment, and emergency response procedures.
d. If chemical concentrations exceed environmental screening levels, the
project sponsor shall require the construction contractor(s) to prepare a
material disposal plan, based on the results of sampling conducted .as
specified in Mitigation Measure I-IAZ- lb, for excess soil produced during
- construction activities. The plan shall specify the disposal method for soil,
approved disposal site, and written documentation that the disposal site
will accept the waste. If appropriate, materials may be disposed of on -site,
under foundations or in other locations in accordance with applicable
hazardous waste classifications and disposal regulations. The contractor
shall be required to submit the plan to the project sponsor for acceptance
prior to implementation. During construction, excess soil from
construction activities shall be stockpiled and sampled to determine the
appropriate disposal requirements in accordance \with applicable hazardous
waste classification and disposal regulations.
e. The project sponsor shall require the construction contractor(s) to have a
contingency plan for sampling and analysis of potential hazardous
materials and for coordination with the appropriate regulatory agencies, in
the event that previously unidentified hazardous materials are encountered
during construction. if any hazardous materials are identified, the
contractor(s) shall be required to modify their health and safety plan to
include the new data, conduct sampling to assess the chemicals present,
and identify appropriate disposal methods. Evidence of potential
contamination includes soil discoloration, suspicious odors, the presence
of USTs, or the presence ofburied building materials.
As discussed in Mitigation Measure HAZ-lb, the project sponsor would
remove and notify the regulatory agencies of a discovered release.The
assigned lead agency would oversee all aspects of the site investigation
and remedial action: and determine the adequacy of the site investigation
and remecliation activities at the site.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
7
Mitigation Measure
Iwplemen-
tation
Responsibility
Timing &
ing
Monitoring
I-IAZ-2: ILazardous Building Materials Removal,
Prior to demolition of a building, the project sponsor shall incorporate into
contract specifications the requirement that the contractor(s) have a hazardous
building materials survey completed by a Registered Environmental Assessor
or a registered engineer. This survey shall be completed prior to any demolition
activities associated with the project. If any friable asbestos -containing
materials or lead -containing materials are identified, adequate abatement
practices. such as containment and/or removal, shall be implemented in
accordance with applicable laws prior to demolition. Any PCB -containing
equipment, fluorescent light tubes containing merctuy vapors, and fluorescent light
ballasts containing DEI-IP shall also be removed and legally disposed of.
Required as
a condition
of approval.
Directors of •
Community
Development
and Parks and
Public Works
Prior to Architecture
and Site approval, and
prior to issuance of
any Grading Permit.
Ensure these measures
are incorporated into
project plans and
contract specifications.
9. Hydrology and Water Quality
No Mitigation Measures and Monitoring required
N!A
NiA
N/A
10, Land Use and Planning
No ivlitigation Measures and Monitoring required.
11, Mineral Resources
No Mitigation Measures and Monitoring required.
12, Noise
Mitigation Measures — Noise and Vibration (NOI). The following measures
shall be implemented by the project applicant (Measure NOI-1 applies to
Scenarios 3 and 4 only, while Measures NOI-2 and NOI-3 apply to all Project
Scenarios) to reduce the project's noise impacts to less -than -significant levels:
NO1-1 Detailed Acoustical Analysis for Residential Uses.
During the Architecture and Site review process, noise attenuation measures, as
specified by an acoustical engineer, shall be incorporated into the project
design to ensure that noise levels in usable outdoor areas meet the Town's 65-
cIBA (DNL) lancl use compatibility guideline for multi -family residential uses
and interior noise levels meet Town's and State (Title 24) interior standard of .
45 dBA. (DNL). Noise attenuation measures that could be incorporated into the
design to achieve these limits include:
• Provision of acoustically -effective barriers or deck railings to meet the 65- •
dBA (DNL) exterior limit.
• Provision of closed windows. and mechanical ventilation to achieve the 45-
dBA (DNL) interior standard.
Required as
a condition
of approval.
Directors of
- Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that these noise
control measures are
incorporated into
project plans.
Monitoring: Prior to
and during
construction.
'
NOI-2 Construction -Related Vibration Limits.
To prevent cosmetic damage to existing adjacent structures, the project
contractor shall restrict equipment operations within 25 feet of adjacent
structures, whereby surface vibration will be limited to no more than 0,2 in/sec
PPV, measured at the closest residential structures.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that these noise
control measures are
incorporated into
project plans.
Monitoring: Prior to
and during
construction.
NOI-3 Construction -Related Noise Abatement.
The project contractor shall demonstrate that the project complies with the
following:
a. Construction contracts specify that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers
and other state required noise attenuation devices, and not exceed the
ordinance noise limit of 85 cIBA at 25 feet.
b. Property occupants located adjacent to the project boundary shall be sent a
notice, at least 15 clays prior to commencement of construction of each
phase, regarding the construction schedule of the proposed project. A
sign, legible at a distance of 50 feet shall also be posted at the project
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to issuance of
any Grading Permit.
Ensure that these noise
control measures are
incorporated into
project plans.
Monitoring: Prior to
and during
construction.
8
Mitigation Measure
Implemen-
tation
Responsibility
Timing &
Monitoring
(NOI-3 continued.)
construction site. All notices and signs shall be reviewed and approved by
the Town of Los Gatos Public Works and Community Development
Department prior to mailing or posting and shall indicate the dates and
duration of construction activities, as well as provide a contact name and a
telephone number where residents can inquire about the construction
process and register complaints.
c. The Contractor shall provide, to the satisfaction of the To of Los Gatos
Public Works and Community Development Department, a qualified
"Noise Disturbance Coordinator." The Disturbance Coordinator shall be
responsible for responding to any local complaints about construction
noise. When a complaint is received, the Disturbance Coordinator shall
notify the Town within 24 hours of the complaint and determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc,) and shall
implement reasonable measures to resolve the complaint, as deemed
acceptable by the Public Works and Community Development
Department. All notices that are sent to residential units immediately
surrounding the construction site and all signs posted at the construction
site shall include the contact name and the telephone number for the
Disturbance Coordinator,
d. Construction haul routes shall be designed to avoid noise -sensitive uses
(e.g., residences, convalescent homes, etc.).
e, During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from sensitive noise receivers.
f. Pursuant to the Town of Los Gatos Municipal Code Section 16,20.035,
construction activities shall occur between the hours of 8:00 a.m. and 8:00
p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays.
Additionally, pursuant to Municipal Code Section 16.20:035(2) the
Contractor shall demonstrate, to the satisfaction of the Town of :Los Gatos
Community Development (Building) Department, that construction noise
shall not exceed 85 dBA outside of the property line.
13. Population and Housing
No Mitigation Measures and Monitoring required.
14. Public Services
No Mitigation Measures and Monitoring required.
15. Recreation
Mitigation Measures — Recreation (RLC), The following measure shall be
implemented by the project applicant under Project Scenarios :1, 3, and 4 to
reduce the project's increase in demand for recreational facilities to a.less-than-
significant level:
REC-1: Provision of On -Site or Nearby Recreational Facilities.
The project applicant shall either provide access to on -site or nearby
recreational facilities for project employees under Scenario 1 and residents
under Scenarios 3 and 4.
Required as
a condition
of approval.
i
Directors of
Community
Development
and Parks and
Public Works
Determine that
adequate recreational
facilities are provided
as part of Architecture
and Site review.
16:Transportation/fraffie
Mitigation Measures — Transportation/Traffic (TRA). The following
measures shall be implemented by the project applicant uncler all Project
Scenarios to reduce the project's traffic impacts to less -than -significant levels:
TRA-1: Winchester Boulevard and Albright Way (Unsignalized
Intersection #4).
The necessary improvements to mitigate project and cumulative impacts at this
intersection consist of the signalization of the intersection with protected left -
turn phasing on Winchester Boulevard. Intersection level of service would
improve to LOS B during both peak hours with the improvements. However,
based upon vehicular queuing analysis, it is recommended that the project
entrance at Winchester. Boulevard and Albright Way be restricted to right -turn
in and out only and a new signalized project entrance be provided along
Winchester Boulevard approximately 200 feet south of Albright Way. The new
signalized entrance will be aligned with the entrance to the Courtside Club
forming a new four -legged signalized intersection with signal interconnect to
the signals at Winchester Boulevard and Wimbledon Drive and Winchester
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed.
9
Mitigation Measure
Implcmcn-
tation
Responsibility
Timing &
Monitoring
(TRA-1 continued.) .
Boulevard and State Route 85(S). The close spacing of only 400 feet between
the new• signal and the signal at Wimbledon Drive will require that the two
signals be interconnected and signal timing to be synchronized. Alternate
configurations may be possible to accommodate specific project phasing. Any
interim alternate configurations must provide a level of service that conforms
to the Town's Traffic Impact Policy.
TRA-2: University Avenue and Lark Avenue (Unsignalized
Required as
Directors of
Prior to Certification
Intersection #7),
The necessary improvements to mitigate project and cumulative impacts at this
a condition
of approval.
Community
Development
of Occupancy.
intersection consist of the signalization of the intersection with signal
and Parks and
Ensure that traffic
interconnect to and coordination with the signal al Winchester Boulevard and
Lark Avenue. Intersection level of service would improve to LOS B and C
during the AM and PM peak hours, respectively, with the improvements. It
should be noted that this intersection is projected to operate at unacceptable
levels under Town of Los Gatos 2020 General Plan Conditions. The Town of
Public Works
improvements are
completed.
Los Gatos Draft 2020 General Plan identifies the above improvement as a
roadway improvement necessary to accommodate the future development
allowed tinder the 2020 General Plan. However, clue to the -lack of dedicated
funding sources for the improvements identified in the General Plan, this
improvement cannot be assumed to be completed under Project Conditions.
•
Therefore, the project will be required to fund and construct the improvement,
unless other development is identified that will contribute a `fair share' amount
toward the implementation of the improvement.
TRA-3: Winchester Boulevard and Lark Avenue (Signalized
Intersection #6).
The developer shall interconnect and synchronize the traffic signals at the
Lark/University, Winchester/Lark, Winchester/Wimbledon, and
Winchester/New project entry intersections to mitigate pre- and post -project
queues at the Lark Avenue intersection by preventing them from extending into
the Wimbledon Drive intersection!. The interconnection and synchronization
improvements shall be completed prior to issuance of the first certificate of
occupancy for the development phase that triggers project entry signalization.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed.
TRA-4: Pedestrian and Bicycle Access.
In order to avoid potential pedestrian safety hazards, the project applicant shall
install appropriate fencing along the east side of Winchester Boulevard to
prevent pedestrians from trying to cross the railroad tracks. Further, all
required improvements along Winchester Boulevard (including those specified
in Mitigation Measure TRA-1 through TRA-3) shall bedesigned to
accommodate the proposed Class II bikeway designated by the 2020 General
Plan for Winchester Boulevard between Lark avenue and the northern town
limit.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed. .
TRA-5: Parking Survey.
During the Architecture and Site review process, a parking survey will need to
be completed at other comparable facilities in the region in order to determine
adequacy of proposed parking for senior residents as well as senior facility
staff under Scenario 4.
Required as
a condition
of approval.
Directors of
Community
Development
and Parks and
Public Works
Prior to Certification
of Occupancy.
Ensure that traffic
improvements are
completed.
Ensure parking survey
is completed prior to
Architecture and Site
review for Scenario 4.
These improvements are based on an operational study of the interconnection and synchronization of traffic signals at Lark/University,
Winchester/Lark, Winchester/Wimbledon, and Winchester/New project entry that was prepared Hexagon Transportation Consultants, Inc. in
June 201 1. The study concluded that interconnection and synchronization of these signals would fully mitigate project queuing impacts without
the need to lengthen turn pockets.
10
17. Utilities and Service Systems
Mitigation Measures — Utilities and Service Systems (USS), The following
measure shall be implemented by the project applicant under all Project
Scenarios to reduce the project's impact on existing wastewater transmission
facilities to ia less -than -significant level:
Required as
Director of
Ensure that project
a condition
Parks and
plans incorporate this
USS-I: Preserve or Relocate Existing Eight -Inch Line Sanitary Sewer
of approval.
Public Works
requirement.
Line.
During Architecture and Site Review, detailed utility plans shall indicate either
preservation or relocation of the existing eight -inch sanitary sewer transmission
line to accommodate service for off -site flows north through the site and
establish a new sewer easement for this line. In addition, a letter from West
Valley Sanitation District stating, approval of the project, shall be provided to
the Towvn by the applicant.
-End—
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