Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2011080105 - Albright Way (Proposed Netflix Campus) - Attachments 26 - 34
From: Jim Purcell [mailto:JPurcell@scu.edu] Sent: Wednesday, July 27, 2011 4:54 PM To: jpirz@aol.com; BSpector; Diane McNutt; Steve Leonardis; Steve Rice Cc: Greg Larson Subject: Netflix project Dear Mayor Pirzynski and Council members: Although I am writing this on my computer at work, I write as an individual resident of Los Gatos. I am doing so to express my support for the Netflix expansion proposal. This project merits your support for a number of reasons: 1) It promotes economic development which will result in job growth in Los Gatos by a local company 2) It's location near a future lightrail stop, helps our region accommodate growth and development in a more sustainable fashion. First, it supports a reverse commute opportunity. Second, the increased height allows us to build up, not out, alleviating pressure to sprawl into undeveloped areas. 3) Housing and Demographics: The housing portion of the plan is also important because Los Gatos should do its part to house its own natural growth. And as a former CEO of Catholic Charitiies I know that senior housing will become increasingly important. Los Gatos needs to create more affordable housing for seniors. Unfortunately, I am unable to attend the meeting on Monday evening. I appreciate your consideration of my comments and I urge you to vote in support of this proposal on Monday night. Sincerely, James M. Purcell 111 Via Teresa Los Gatos, CA 95030 James M. Purcell Special Assistant to the President, <ipurcell@scu.edu> 408.551.1970 Santa Clara University, Founded 1851 The Jesuit university in Silicon Valley "Celebrating Our Mission, Transforming Lives" ATTACHMENT 26 Joel Paulson From: Bonnie Westman <b2westman@gmail.com> Sent: Tuesday, July 26, 2011 5:44 PM To: Joel Paulson Subject: SUPPORT FOR ALBRIGHT Dear Mayor and Town Councilmembers: RE: Support for Albright We are supportive of the Albright project. There are very few opportunities to provide both world class office space and senior housing in Los Gatos. The Albright Way site allows for this type of development. Also, approving the zoning ensures that Netflix can remain in Los Gatos. Netflix has been a great corporate partner with the community contributing both sales tax revenue and excellent jobs. The benefits to having a thriving corporation in Los Gatos are significant. The property tax alone would be a tremendous boost to both the Town and more specifically the schools. The town has the opportunity to improve what is currently a wonderful situation and make it even better. We have seen what the current Netflix campus has done for our Town. We were extremely unhappy to read in last week's Los Gatos Patch that Netflix has decided to move its DVD division to San Jose. Please don't walk away from the Albright Way project and risk losing all of Netflix. The Albright Way project again provides us with the opportunity to make a great decision to benefit the citizens for years to come. Please vote to approve this development. Sincerely, Dean and Bonnie Westman 16516 Shannon Road Los Gatos, CA 95032 (408)356-6965 1 From: Jeff Whalen[mailto:Jeff.Whalen@bridgebank.com] Sent: Thursday, July 14, 2011 2:44 PM To: mazevedo@bizjournals.com Cc: Malcolm Mosher, Jr.; Brent Ventura; Janice Fok; Joe Pirzynski; Council; Taryne Kraus; Grado, Mike @ San Jose Subject: June 24th story on Albright way development "Netflix on pause" Mary Ann, after returning from vacation I enjoyed reading your article on the proposed redevelopment to "house Netflix" as you put it, on the Albright way project. If it was as simple as your article states , those of us who live near the proposed project might not have any objections (except those who might have to view the proposed towers under the new height allowance). This is however not only about preserving a quality tenant for our towns tax base (Netflix's current problems notwithstanding), but rather it is one of a 15 year open ended rezoning option of the project that may include residential on a commercial site. We are all for class A commercial zoning either for Netflix, or to attract the next big new thing, however we are opposed to residential development for 3 very basic reasons. As presented, low to moderate income housing will have a negative effect our property values. Second, residential use, plus the increased commercial traffic ,will create gridlock in an already congested area. And third, our schools simply cannot support 300+ additional students without a new school (we cannot further bond for one), or redistricting. The later will, once again, have a negative impact on our property values. As a lifelong resident of Los Gatos, I am in favor of a class A commercial project on this site and realize that it will never return to the orchards of my youth, nor should it. I implore you to attend the meeting at the council chambers on August 1st so that you may know firsthand what the objections of the residents are. By this, I mean the residents within a % mile radius, not the ones in favor who live in Saratoga or Monte Sereno and who are leasing brokers for Netflix or have other conflicts of interest. Sincerely, Jeff Whalen 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 by email including orders, funds transfer instructions, or stop payments on checks. Any message sent to or from this domain may be stored in accordance with regulatory requirements. From: Erin DeSantis [mailto:erin_desantis` yahoo.com] Sent: Thursday, July 07, 2011 2:53 PM To: Council Subject: August 1st meeting Dear Council Members, My husband and I are 100% against any residential at the Albright/Winchester property! If we were not visiting our families on the East Coast, we would be at the 8/1 meeting voicing our concern over how the residential component would effect our already over populated LG Schools! Sincerely, Erin & Alex Waterman From: Czechago@aol.com [mailto:Czechago@aol.com] Sent: Sunday, June 26, 2011 9:20 PM To: Council Subject: Netflix Dear Council Members, Please get crackin'. I've yet to see ANY negative impact the Netflix expansion would have for Los Gatos. Increased revenues, more good paying jobs, more local shopping, more demand for housing all sound pretty good to me. Plus the location is perfect, hidden by tall redwoods, already commercial, near transportation, where's the problem? Please don't let this vital economic engine leave Los Gatos for another location. Our neighboring towns are salivating at that prospect. Let's close the deal for Los Gatos NOW. Regards, George Havelka 408-210-3879 Los Gatos Resident Arts and Culture Commissioner Board Member, Museums of Los Gatos From: Elaine Outler [mailto:ecoutler@verizon.net] Sent: Friday, June 24, 2011 11:51 AM To: Council Cc: Todd Capurso; nobridgeplease@verizon.net Subject: Bridge/Albright - A Better Solution for the Whole Town June 24, 2011 Los Gatos Town Council 110 East Main Street Los Gatos, 95030 Subject: Why not build a top-notch Sports Park on the corner of Albright? Dear Town Council Members — No one can deny that there are some unaddressed and, in fact, hard -to -address impacts with the current Sports Park that simply won't be solved by a pedestrian bridge. But rather than push to make it work anyway, why not take advantage of a rather spectacular opportunity to solve this puzzle in a way that exceeds everyone's expectations. At the last Council meeting, you `continued' the discussions about Albright rezoning, so it seems that you, too, are searching for a better answer. How about this. There are several big developments in progress on this end of LG, all interrelated in some way by kickbacks, traffic, Trail proximity, and more. One project has inadequate land for its desired use, bad pedestrian access, residential impacts, and parking problems; the other has plenty of land, borders the Trail, is pedestrian and traffic friendly and has a developer who has clearly demonstrated flexibility and deep pockets to get what he wants. As modern negotiating science would say...THIS an text book opportunity for a win -win -win trade! Why not build the Sports Park in the corner of the Albright development? • The Sports Park would have enough breathing room to have ample parking. It's already adjacent to the Trail and accessible to the EXISTING pedestrian bridges over 17 and near Lark. This location is more car and pedestrian accessible on Winchester, more scenic, and has no residential -impact issues like the current one. It could even be located where night- time lights are possible — a limitation in the current plan. And because it is not a structure, it becomes part of the park -like campus atmosphere that is characteristic of this class of Commercial development. • To make room, the developer gets some concessions on building height. The new tenants get access to a fabulous athletic / recreational park — adding value to the development and boosting potential leasing prices. And the developer receives in trade/discount the current Park's parcel to develop as a smaller office campus. No bridge is required or appropriate and he can address the issues of Vasona access at his own expense, or not at all. The Town gets the new corporate campus it wants most AND a spacious top-notch Sports Park instead of the compromised Park you are trying to shoehorn into an inadequate parcel now. Yes, without a doubt, this requires rethinking some plans and some 'do-overs.' Bbt with a little patience, you five become the architects of spectacular change in LG's history and culture all the while demonstrating how to look after the best interests of the residents, schools and the Town — at the same time. Thank you for considering this win -win -win scenario! Elaine Outler / 240 Las Miradas Cc: Todd Capurso (.pdf version attached) From: Catherine Plaxton [mailto:plaxtons©comcast.net] Sent: Wednesday, June 22, 2011 10:30 AM To: Catherine Plaxton Subject: Opinion on the Proposed Development at 90-160 Albright Way and 14600 Winchester Boulevard I am writing to share my opinion on the proposed development at 90-160 Albright Way and 14600 Winchester Boulevard and to ask that you consider this opinion in your capacity as a community leader. I understand that the proposed development at 90-160 Albright Way and 14600 Winchester Boulevard has the potential to substantially increase the number of students in our schools. I also understand that the developer of this project will not be required to provide funding for the capital improvements needed to accommodate these new students. As a resident of Los Gatos and a parent of two children in the Los Gatos Union School District, I am convinced that the vitality of this community is contingent on its ability to attract and retain families. When a home is listed for sale (often by an older couple or individual) within my neighborhood, Blossom Manor, there is always a family doing their utmost to purchase that home. Along with creating demand for housing in Los Gatos, families keep a number of other businesses going by consuming a myriad of other local products and services. Why do families work so hard to live here? The parks are beautiful, the downtown is a treasure, the general sense of community is truly heartwarming, but parents ultimately purchase homes here because of the vital school community that has been built in Los Gatos. If we put that vitality at risk by giving developers free reign over housing growth, we may see the demand for housing we have taken for granted decline precipitously. We have a unique situation in Los Gatos in that, unlike many other Santa Clara County communities, we have not outgrown a sense of local control over our school funding. We have a long history of passing bond measures and parcel taxes to support the changing needs of our schools. We have strong non- profit school foundations and clubs that close the gaps in inadequate state school funding. Yet, asking residents to agree to fund capital improvements needed to house several hundred additional students that arrive as a result of a poorly managed development may put an end to the community's enthusiastic support of schools. Please do what you can to ensure that our schools are not faced with accommodating several hundred additional students at a time when state funding has been cut drastically and we have already tapped our community to give more in support of the schools. Any housing developments in Los Gatos must include provisions for the developer's funding of, at a minimum, school capital improvements and, if appropriate, the building of new schools. Growth may be inevitable, but poorly managed growth is not. Thank you for your consideration. Catherine Voss Plaxton From: Peter Veprek[peterveprek@hotmail.com<mailto:peterveprek@hotmail.com>] Sent: Tuesday, June 21, 2011 11:06 PM To: BSpector Subject: 516 new multi -family units in Blossom Hill boundaries Dear Barbara Spector, Being a Los Gatos resident and having two children attend local schools I strongly oppose the possible development at 90-160 Albright Way. Kind regards, Peter Veprek 16025 Blossom Hill Rd. Los Gatos, CA 95032 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: Allan Harris [mailto:amharris111©aol.com] Sent: Tuesday, June 21, 2011 4:02 PM To: Council Subject: Albright Project I attended the Council meeting on Monday evening and spoke for two minutes. Not enough time. Below please find my suggestions which I wrote to the Business Journal. I now had my say and feel better about that. Waited three hours for 2 minutes. Really foolish of me. Wasted my time. Mary Ann, you handed me your card during Monday's council meeting. I was there to talk about the Albright Industrial Park Project. I waited 3 hours and was allowed to talk for 2 minutes. Ridiculous.... I figured I will have my say with you. If you wish to publish my comments that is great. If you don't that is also Ok. I am a Senior who is still working part time. I own my own Financial Planning Company using Insurance Products to find safe solutions for people. At no time do I put people's money at risk. I do not find a problem with this project and welcome Netfex's plans. I do have a problem with their study's regarding traffic flow and solutions. Their solution seems to be solely to place all traffic lights in sync at the major intersections to this project. Those would be Albright Ave., Wimbledon Drive, Lark Ave., 17 South, Freeway Entrance, Los Gatos Blvd. & Samaritan Drive. Nothing the matter with this idea, but it just isn't enough? Let me explain what I mean. If you take Cupertino as an example and it is a good one, DeAnza Blvd. which is where most of Apple has its facilities you have road access immediately off of 280, Stevens Creek Blvd, and 85. Two major Freeways. Secondly Apple is High Tech. That is to say most of their employees are highly paid Engineers who can afford to buy homes in Cupertino and surrounding areas. Apple's assembly is mostly done in China and the far east. Cupertino is where the brains are behind Apple. Unlike Apple, most of Netflex is made up of much lower paid workers who can ill afford to buy homes or for that matter rent in Los Gatos. At their facility on Winchester and 85 they employ about 950 employees of which about 75% are customer service and assembly employees. That is fine, but they must drive into the area for their jobs. Since public transportation is practically non existent, about 700 hundred must drive into N. Los Gatos. I don't know the exact percentage of employees who live in Los Gatos, but my guess is maybe 10%. While 85 S gives immediate access to Albright, to get to the on Ramp of 85 N. you must go past Samaritan Drive and make a left turn onto the Freeway. You also have access to 880 N and S. but only near the end of Lark. Last night I went to the council meeting at 6:30 PM. I live behind Courtside and have for the past 35 years. My intent was to take 17 S. and get off at the next exit. Lark was backed up bumper to bumper to Winchester. I ended up taking University Ave all the way to Main to get to the meeting. Imagine if Netflex has their approval and builds 5 buildings, each building having 240,000 sq. ft. housing say 800 people each. With the current access it would be a nightmare and would impact the quality of the lives of those that live in this area. I believe there is a solution. 1. Provide a Freeway Entrance across to 85 North across from 85 South on Winchester. 2. Provide a Freeway on and off ramp to Albright Complex to the back end of the complex on Highway 17 N. & S. That way the traffic impact to Lark and Winchester would be minimal. I am not an Engineer and while I suggest these solutions I recognize the cost would be substantial. However, with what they are proposing another 25 million would be a piece of cake. Otherwise I fear that the quality of life in N. Los Gatos will be substantially reduced. I recognize the city needs the revenues, but I..fear at what expense? Thanks for your eyes on this. As I said if you wish to print this, you have my permission. You can use my name, but please keep my address and contact info private. I do not want phone calls or emails from strangers. Sincerely yours, Allan M. Harris 111 Strathmore Place Los Gatos, CA 95032 408-395-2937 amharris111(5)aol.corn Los Gatos Town Council June 21st, 2011 110 E. Main St Los Gatos, Ca Re; proposed rezoning of 90-160 Albright Way and 16400 Winchester Blvd. Shenk, et al, developers Dear Mayor Pirzynski and honorable members of the Los Gatos Town Council, Thank you for your time last night (well past midnight) in attempting to make a decision on the proposed rezoning of the above development. I must say that most of us residents present in the audience were dismayed by our town manager, Greg Larson, and his assistant, Paula Jacobs, fervent and avid presentation in favor of the inclusion of residential housing in the development, despite the planning commission's recommendation NOT to rezone the property and include that aspect in the development. Their presentation was flawed by continued inaccurate assumptions about traffic and school cost burdens, as those of us living in the La Rinconada area can attest. Their passionate presentation led us to believe they are on the developer's payroll and not ours, the taxpayers. Theirs was a pernicious presentation at best. I wonder if council has ever noticed that those speaking in favor of the project as presented (including the residential component) do not live near it, nor will suffer because of increased traffic congestion. The real estate brokers who have spoken out in favor numerous times either live in the Almond Grove, Saratoga, Monte Sereno, stand to earn a substantial commission from representing their client Netflix, Sand Hill, or all of the above. In addition, some speakers and many letters on file are "favors" to the developer, those profiting by, and/or who have a vested interest in this development. I propose the next time a real estate broker or agent speaks, he or she identify himself as to where exactly they live, what they do (leasing vs. sales, commercial vs. residential), if they represent Shenk, Sand Hill, Pau, Netflix, and/or have any other monetary conflict of interest. Without notification to us from the town or the developer, Mr. Shenk, who is clearly the front man of the new owner, professed last night that the new housing number of 168 was a "reduction" or "scaling back" of the original number, as though he was giving something up. The question is... "Reduced" from what? Reduced from nothing to 168 units? Unless there was a deal cut by the town under the table with him, he currently has nothing. This fellow is playing games with the council and us residents based upon what he said to us personally at the "Courtside meetings". Last night you heard not only from those of us in the neighborhood impacted by the noise and traffic congestion surely to come, but directly from teachers and the school district.....one of the very assets that many of us live here for and which creates value in our community. Why would the council even consider housing both here and on the Yuki property until we've solved the educational finances, particularly after hearing the teachers and the financial aspect once again? Is the developer willing to build a school? How can some 168 units (or approximately 350+ adults) yield only 30 school age children? We question the accuracy of that number. Shenk and the town managers originally stated that we do not have much available land left for Class A commercial development, yet they went on to contradict themselves by asking for grace period in which to consider residential, if there is no market for commercial. Which is it? Today, either we don't have enough commercial space here in town (in the worst recession since the great depression) as argued by the developer and his friends, or we do. It really depends on whose spin you want to believe. I would argue that we don't, and that Class A office space is needed. The broker from Saratoga said emphatically both last night, and at the first planning meeting, we need more class A commercial space in Los Gatos and that he could fill it up himself within 3 years. Then last night the developer said that if things get worse in the economy of if he can't fill it up, he would like the "flexibility" to consider residential. Once again, he wants it both ways at our, and the towns expense (perhaps residential only on ALL 22 acres, zoned 4 units per acre, is the way to go vs. his 40 units per acre proposal on 7 acres). One of the most disturbing aspects of last night's meeting were the dynamics behind the scene. As the council was making progress in making a motion thanks to councilpersons Leonardis and Spector and vice Mayor Rice, the council allowed Shenk to approach the podium (out of order) to request for a continuance (while turning down the public's request for equal additional time), and later, allowed Netflix to approach as well. Annoying enough was the disruption in the councils thought process and progress to a vote, but more than that was the behind the scenes machinations of the entourage of Pau and his lackeys who motioned Shenk out of the room for 15 seconds before he came back and made the request for continuance. The town seems to be beholden to the new owner of the property who, along with Shenk were clearly not happy with the way his investment (and no doubt promises by Shenk) were headed at the end of the meeting. Based on his prior developments we assume he is used to getting his way. Disappointed as we are, I encourage you (particularly councilwoman Mc Nutt who waffled last night) to make a commitment to us, the residents of this town, who actually live here. I don't think there was a resident in the room last night who is, or would be opposed to, premium Class A commercial office space ONLY, with some height restriction, if presented logically. The issue of height restriction proposed by the planning commission seemed to be one that the residents of Newell Avenue could live with. Clearly the developer pleaded that it be changed back to 85 feet last night at the last moment. Any modifications to the town code with respect to height should be dealt with according to protocol and input from those impacted the most, i.e. Newell avenue residents. The problem with including a "senior housing" provision is that the developer clearly has proven he cannot be trusted, and no doubt will want to change that to moderate and BMR housing in the future, negatively impacting our neighborhood. We urge the council to vote for commercial Class A office space ONLY without triggers that would allow anything else. Respectfully, Jeff and Margaret Whalen, Clara St, Los Gatos From: Patti Lovetro-Clarke[mailto:opulent.interiors@yahoo.com] Sent: Tuesday, June 21, 2011 10:01 AM To: Council Subject: Albright project Good Morning, We attended the town council meeting on June 20, 2011 which has been continued again largely do to the pressure the developer and Netflix is placing on the council. To allow the development at Albright of 85' tall building would significantly change the look and feel of our quaint town. To allow 168 residences to be built within a small area would unreasonably over congest our small town and roads. The additional traffic and noise would be extremely detrimental for the current Los Gatos residence. We are not a large city and don't want to be. We don't have the land or infrastructure to try to compete with San Jose by attracting large companies and all of their people, noise and 'debris. The traffic study and proposed solutions to the traffic are a joke. My husband is a civil engineer who has worked on transportation issues for the city of San Jose, San Mateo, Santa Clara for 32 years, he disproved the viability of this study by examining the Los Gatos traffic codes and so should you! I would like to point out the reality of the current congestion in Los Gatos, on our roads, in the downtown, in the parks and in the schools. We are currently over crowded. The intersections on Winchester and Lark from 85 to Los Gatos Blvd are extremely congested during commute hours already. Synchronized traffic light in this area is needed to manage the current traffic problems. It is not a solution and will not sufficiently manage the influx of an additional goo employees plus 300 + residence. The downtown areas are congested during lunch and dinner hours, parking is a nightmare. The school superintendent from Los Gatos and Saratoga spoke at the last Planning Commission meeting stating that the schools are currently at capacity. I ride the Los Gatos creek trail everyday and have for the last 25 years, it is now dangerously crowded on weekends and after work hours. We attended the Planning Commission meeting on May 31, 2O11 at which the commission recommended the Albright project stay within the current limit of 55' tall for all buildings with no additional residence. Any other development would be irresponsible and not in the best interest of the Los Gatos residence. We have elected you to uphold and maintain the integrity of our quaint small town by not letting developers and companies pressure you into making decisions that adversely affect the residence. Thank you. From: Connie Kirby[connie.kirby@gmail.com<mailto:connie.kirby@gmail.com>) Sent: Monday, June 20, 2011 10:22 PM To: Joe Pirzynski; Steve Rice; Diane McNutt; BSpector; Steve Leonardis Subject: Albright Way Development Esteemed Council Members.. I wanted to stay for the duration of the Council meeting tonight but my blood sugar was dropping precipitously. Argh! I live behind the Courtside Tennis complex and have done so since 1997. I love Los Gatos. And I do believe Council tries hard to get it right. And for that I am grateful. The Albright development is massive in scale with admiral ambitions. It screams " Look at us, Look at Los Gatos with our high tech "campus." And all that fine revenue stream for the Town. All well and good. I am not opposed to a development there. Does it have to be Class A? Not really...there's the "North Forty" for that for sure with less impact on residents. It's currently zoned Class C, right. So did we skip Class B for some reason? Where's the market data to support Class A? Re: Traffic Is there really "traffic enhancement?" offered. I doubt it. We are told that 19 intersections were studied and that if all these proposed new traffic lights were all in sync then traffic would flow seamlessly. Uh....really? Let's see....let's start at 85 and Winchester. One light there. Move south perhaps 100 feet. Another light at the railroad crossing. Move another 200-300 feet, there is a proposed new light for traffic to turn in and out of Albright (and Courtside). Then there's the traffic light another few hundred feet at Wimbleton and Winchester and then another ever so quickly at Lark and Winchester. 5 lights in about 1/4 mile (think 1 lap around a track) Now then...turn left onto Lark and another light is proposed at University. Hello?? Thus, I see ENORMOUS traffic issues for this development alone and we need to recognize where traffic issues and patterns should be integrated with congestion created by the new sports field off University AND whatever emerges on the North Forty. Campus The corporate campus strategy makes sense if market data supports it. However, I have consulted with a number of high tech companies and not one of them are in 5 story buildings. Even Google's new "plex" is low rise (and VERY, VERY green) Since Silicon Valley is flooded with empty office space, tho, so does that mean Los Gatos is left with all our eggs in one Netflix basket? VTA Incentive Not likely. VTA has no money and won't for a very long time. The current Netflix building was supposed to be an incentive. Wishful thinking. Constance Kirby 509 Clearview Drive Los Gatos, CA From: adonkathy [mailto:adonkathy©aol.com] Sent: Monday, June 20, 2011 12:42 PM To: Council Subject: June 20th. Town Council Meeting -Albright and Dittos Lane Developments Dear Town Council Members, As a resident of Los Gatos for 56 years, I have seen many changes in our beloved town. I have been active in years past to try and maintain our small town atmosphere and quality of life . I think for the most part our councils and citizens have succeeded . I am very concerned about the direction the town seems to be headed. There are more large parcels of land that are vacant and ready for development today than any previous time that I can remember. I would hope the values that we fought to maintain in the past are still the values of our present council. The small town atmosphere and the quality of life are the values that brought people to Los Ga tos in the past, the present , and will in the future. I hope you as Council Members will keep the desires of the citizens of Los Gatos as your top priority and not the developers . I know the Town Council has to maintain a budget that will allow for the maintenance of the town. I have to assume that the council feels our town budget is very solid or they would never have passed a 4% raise for the police- especially in this economy. Therefore, when you consider the up coming developments I would expect that the main consideration would be the preservation of our small town atmosphere and the quality of life that we all want. I do not feel that an 85 foot tall building belongs in Los Gatos - it belongs in San Jose. I am worried that the pressure from Netflix will persuade some council members to forget the desires of the citizens of Los Gatos. An 85 foot tall building will be permanent but Netflix might not. If memory serves me right, Netflix was a major reason for allowing the Sobrato developers to build a larger complex than was zoned for on the parcel. I will agree the design of the building is lovely but the size of the complex is much too large. Perhaps the Albright developers should look to some of the design features that Steve Jobs is looking to use in his new building- mainly 3 stories tall and acres of green space. The Dittos Lane project is another development that asks for zone changes. Why do we even have zoning if we are going to change the zoning for the developers? The zoning was developed through a careful process that would best protect the land and serve th e town. The Dittos Lane project, if allowed to proceed as the developers wish, will be a safety nightmare and have a huge detrimental impact on the immediate downtown area. I would hope you will follow the lead of the Planning Commission and deny this project. I know all of these huge parcels of land have come for development at around the same time. It is a major responsibility for the Town Council to get it right. What decisions you make will impact our Los Gatos for generations to come. We will either be a unique town where people are proud to live and visit or it will be another San Jose. I hope you are as proud to live here in Los Gatos in the future as you are today. < span class="Apple-style-span" style="">Think small town, quality of life, preserve what we have,remember what the citizens want not the developers. Be proud of how you vote for your decisions will be part of our Town for generations to come. Sincerely, Kathy Anderson 17670 Foster Rd. Los Gatos, California 95030 From: Laura Steger [mailto:l_steger©hotmail.com] Sent: Sunday, June 19, 2011 10:09 PM To: Council Subject: Comments on Albright Way Project Los Gatos Town Council Members: I am a homeowner in the La Rinconada neighborhood just a few blocks away from Courtside Club. I am aware of the rezoning request by project applicant John Shenk to modify the existing planned development at 90-160 Albright Way and 14600 Winchester Blvd. to allow for a mix of land uses, including residential uses up to a maximum of 516 multi -family units and up to a maximum of 600 senior units. I want to go on record stating that I FIRMLY OPPOSE THE REZONING OF THIS PROPERTY FOR THE EXTENSIVE RESIDENTIAL LAND USE REQUESTED IN THE PROPOSAL. As a Los Gatos resident living near the proposed area to be rezoned, I feel that there has been a marked increase in automobile traffic around the Wimbledon/Winchester/Lark street areas over the years. There is an increasing amount of traffic especially during the "rush hour" morning and evening commutes as people go in and out of the business park areas off of University, Lark and Winchester Avenues as they enter/exit from Hwy. 17 and Hwy. 85. There are also more cars in the area trying to park at the Courtside Club, especially off of Winchester Blvd. This automobile traffic will increase immensely with the addition of up to approx. 1,100 residences if the Albright project is rezoned for residential development. We are potentially looking at housing for probably 2,000 adults, 500-1000 children and 2.000 additional cars. THIS IS NOT APPROPRIATE FOR THIS AREA OF LOS GATOS! Factors such as increased traffic, increased noise, and the impact on enrollment at Los Gatos schools need to be taken into consideration. As a resident living by Winchester and Albright Way, I am also concerned about the density issues relating to the Albright rezoning efforts in light of plans for the proposed North 40 development next door by Lark Avenue and Los Gatos Blvd.. Has the Town of Los Gatos taken into consideration the potential enormity of the North 40 project when considering the rezoning of the Albright Way properties? Development of North 40 will also add MORE traffic, MORE housing, MORE businesses, MORE need to expand the already tight capacity of our Los Gatos schools. In light of all this, I REQUEST THE TOWN OF LOS GATOS TO SERIOUSLY CONSIDER DOWN -SIZING THE SCALE OF THE PROPOSED REZONING PROJECT, ESPECIALLY WHEN IT COMES TO RESIDENTIAL USES. Existing residents of Los Gatos who live around Albright Way are also concerned about the potential height of proposed commercial buildings that may exceed two or three stories. It will not be appropriate if one end of the Town becomes a high density residential and/or multi -storied commercial area, unlike the rest of the wonderful Town of Los Gatos. As a resident of Los Gatos, I appreciate your consideration of the above, along with the recommendations of the Los Gatos Planning Commission, when the Town Council makes its determination of the rezoning requests for the Albright Way project. Thank you, Laura Steger 17286 Clearview Drive Los Gatos Cassidy Turley/CPS June 16, 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 Town Council Members: 475 El Camino Real, Suite 100 Santa Clara, CA 95050 T 408.615.3400 F 408.615.3444 www.cps-co.com I am partner with Cassidy Turley CPS and one of the most active commercial brokers in the town of Los Gatos. I am writing to express my support for the Albright Way Rezoning. The Albright Way rezoning is consistent with the Town's goals for economic development and Transit Oriented Development. In order to retain and attract large technology companies with good credit and good sales tax revenue, the Town needs to have the type of office space that companies are looking to lease. Current floor plate requirements are usually 30,000 to 35,000 square feet of usable space. Companies are increasingly concerned with scalability and high quality in their office space. Expansion in one location is critical for both recruiting and employee retention. Cities across Silicon Valley are facing similar decisions regarding height maximums. For Los Gatos to retain Netflix and/or attract other corporate users of similar stature, the Town is going to need to allow for buildings that are newer and have larger scale and height. The economic benefits to our community are significant not only to the Town's General Fund, but also to the schools. Providing a variety of housing opportunities in Los Gatos is a fundamental component of the Town's 2020 General Plan Housing Element. It is very important that the Town comply with the ABAG requirements to provide not only market rate homes, but also senior and affordable units. There have already been consequences in the Bay Area for those who do not comply. In the case of Pleasanton, all building permits were put on hold as a result of the town trying to put a moratorium on low income housing. Albright Way is the ideal location in Los Gatos to have the potential to meet these housing goals. I believe that the office will be a huge success. However, the Council should plan for the future by approving the residential zoning at this time to allow for the potential should the full office build out not come to fruition. 11 is sound land use planning. I encourage you to vote to approve the rezoning with office, residential and increased height. Sincerely, Eri Partner Lic. 01274540 John R. Shenk 700 Emerson Street Palo Alto, California 94301 July 21, 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 modified application for the Planned Development ("PD") Overlay Zoning, along with the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Development Agreement for the above referenced property. The existing Albright Way property is developed with a sprawling research and development project of approximately 250,000 square feet in 10 buildings that were built in the 1970's. The buildings are functionally obsolete, building systems are older and not energy efficient, clearances are low and glass lines are minimal, and they do not attract today's successful high tech or professional service companies. However, the location of the property is unique and makes it ideally suited to accommodate the uses, density, and height we are now proposing. The PD Overlay Zoning before you will not only allow Class A office buildings to be built in a way that creates an excellent and green corporate campus that will in -turn attract and retain high quality businesses, but also creates the potential to include up to 168 residences for seniors. Of significant note is the fact that we have made a major concession and have now removed the standard, non -senior residential use from our Application. We have done this in response to the community's concern over perceived school impacts. The focus is now on the uses that the Town has clearly identified in its General Plan as its highest priorities: Economic Development and Senior -Serving residential opportunities that diversify the Town's housing stock. By setting aside more than 14 acres for exclusively office use and not allowing a building permit for non - office use (senior housing) to be issued until 2016, it is clear that we have prioritized the office use. It is possible to build up to 400,000 sf of new office on the Office only land area in a configuration that qualifies as a desirable campus setting. Since our last Town Council hearing, we have advanced our project specific plans for the first phase of a corporate campus for Netflix, Inc. I have included a site plan, landscape plan, elevations, and renderings of our proposed Phase 1 development. These plans conform to the design guidelines as well as all other requirements in the proposed PD Zoning Ordinance. By enabling the Town's professional staff, the Town's consulting architect, and you to "see" our project at this time, we trust you will gain a great deal of confidence in approving the requested PD Zoning. After your review and consideration of these plans, I request that you provide very specific feedback and direction to me, Town Staff, and the Planning Commission. This request is made to enable us to meet the timing requirements set forth by Netflix in one subsequent hearing during our formal A&S approval process. ATTACHMENT 27 Albright Way — Town Council Letter July 21, 2011 Page 12 Project Summary The Albright Way site is uniquely situated in the heart of the Vasona Light Rail area, an area identified within the Town of Los Gatos 2020 General Plan as ideal for intensified and mixed - use development. The proposed PD Overlay Zoning facilitates the redevelopment of a group of Class C buildings into a vibrant, Class A, sustainable, energy efficient project that fulfills the Town's goals. The proposed PD Overlay Zoning also provides adequate building height to meet the contemporary requirements of today's technology companies. 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 inviting green space between buildings as. compared to a sprawling low rise campus with the same amount of building areas. Development standards and guidelines within the PD Overlay Zoning will ensure that the architectural approach reduces the apparent massing of the buildings to reflect the quality and character of Los Gatos. New buildings will seek LEED Silver certification. All specific development plans will conform to the standards approved as part of the PD Overlay Zoning. Only with the requested height and intensification will the retention of an existing corporate user be possible. 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 headquarters location. They have shared with the Town their timing requirement for new buildings and that they need more height than their current buildings. Phase 1 Design The design theme is to create "Buildings within the Park". This theme establishes a priority of saving as many healthy large trees as possible while emphasizing the significant amount of landscaped green space facilitated. by the taller buildings. We are committed to enhancing the urban forest and maintaining the perimeter trees that provide a tree screen. The site plan has the added benefit of creating landscaped view corridors through the site that help reduce the perceived mass of the development. The architectural style is similar in quality and style to the current Netflix office with enhancements and elements appropriate for this site and use. The land plan is strong and supports a significant inner common area, which will be designed with many "outdoor rooms" as areas for employees to relax, think, meet and create. These types of functional attributes make the density of employees a campus offers very productive and therefore attractive to employers. The design of the buildings themselves show the beneficial effects of the design guidelines (stepbacks, setbacks, materials) as well as the commitment to quality we have offered. These buildings in conjunction with the site plan show that taller can be better. Office 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 dramatically improve the jobs/housing balance. 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. By creating a PD Zoning that will support corporate campus development the Town will lead by example, become a beacon to many companies looking for quality environments within which to grow and succeed, and show, not only Netflix, but other great employers that the Town understands the needs of companies and is able to accommodate them. Albright Way - Town Council Letter July 21, 2011 Page 13 Senior 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 To implement these goals the plan includes: • Action HOU-1.3 Density Bonus: Continue to provide up to a 100 percent density bonus for developments that include housing for elderly, handicapped, and / or very low and low-income households. Senior Housing is also prioritized in the Vasona Light Rail Element of the Town's General Plan with the following goal: • Goal VLR-2 To encourage affordable housing (senior housing, multi -family housing, mixed -use with housing) in appropriate locations within the Vasona Light Rail area to address the Town's housing needs and take advantage of the opportunities afforded by mass transit. The project site meets the requirements for the density bonus and is located within the Vasona Light Rail Boundary. Through these policies and goals, the community and Town Council have placed an emphasis on encouraging the development of senior housing throughout Los Gatos, but especially at a location Iike Albright Way that are close to Transit and other senior serving services. In addition, the Housing Element contemplates 1,600 new units in Los Gatos over its' 10 year horizon. While the General Plan process considered potential housing sites in various parts of the Town, the Albright Way site is actually an ideal housing site because it is an infill site, has less environmental constraints, and is located adjacent to the Creek Trail, on an active bus line, across from the Courtside Club, and within the '4 mile of proposed mass transit. The requested PD Overlay Zone will allow senior residential uses on our property, provided that the phasing triggers (requiring office development first) are met. Allowing senior housing as a use on only a limited portion of the site (up to seven acres) 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. If senior housing were ever developed it would be of very high quality and would positively impact our closest neighbors, the Charter Oaks neighborhood. When a new Class A development comes to a community, it has a positive affect on its neighbors. New high quality senior (age restricted) housing on the southern portion of the site provides an opportunity to integrate the existing Charter Oaks neighborhood into the project as well as support home values. 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 senior residential development. The application represents a balanced plan that is consistent with the Goals and Policies of the Town of Los Gatos 2020 General Plan. Albright Way - Town Council Letter July 21, 2011 Page 14 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 the 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. Our proposed PD Overlay Zoning provides significant benefit to the Town and helps achieve its fiscal and jobs -related employment goals. To undertake such an ambitious and large-scale redevelopment, certainty on behalf of the owners and future tenants is required. Prior to making the commitment to a campus location (including the associated long term capital investment and implications for employee recruiting and retention), 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 changes, surprises or delay. The PD Overlay Zoning and the Development Agreement uniquely combine to meet these needs. This entitlement package, as submitted, secures the opportunity to capture the significant benefits of campus development for .the Town and provides the density, height and flexibility on the land use that any large corporate user would require to make a commitment to the site. Community Benefits We previously offered to provide, and assuming the currently proposed PD Overlay Zoning is approved, notwithstanding our withdrawal of the non -senior housing component, we are willing to affirm and continue to offer 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 The Town Council has the discretion to use the undesignated community benefit funds to meet any of the Town's wishes including but not limited to the new Town Library, construction of improvements along the Los Gatos Creek Trail, unfunded capital projects, or other Town priorities. 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 (which helps the Town, Fire District, and School Districts) and payment of very significant school fees will result from the Albright Way - Town Council Letter July 21, 2011 Page 15 redevelopment (regardless of use mix), which benefits not only the Town but also the community's cherished Los Gatos School Districts. With the withdrawal of the non -senior housing component from our application, there is no impact on the schools, so the project represents all benefits and no costs to the schools. 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. Providing Senior -housing options. The PD Overlay Zone allows Senior housing to be built on the site, after the phasing triggers are met, meeting many of the Senior policies laid out in the General Plan. This option has the potential to offer critical senior housing, consistent with the Town's requirements, to meet the needs of this important demographic segment within the community. Community Engagement As part of our process, we met with our neighbors on multiple occasions and in multiple locations 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. Conclusion The PD Overlay Zone as currently proposed allows the Town to achieve several of its important 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 allocates 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 over time. 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 senior housing goals, and retain the largest and most prestigious corporate employer in Los Gatos. As part of the approval, we ask that the Town Council provide clear and specific direction on our current Phase 1 architectural plan set. We ask that the Council approve the site plan, architectural style, and the building height as part of the PD approval. This will provide a framework, and streamline the formal Architectural & Site review process. We are making this request due to the very tight timeline we have to meet Netflix's Q1 2013 move in date. I respectfully request the Town Council's approval of the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the PD Overlay Zoning and the Development Agreement. Albright Way — Town Council Letter July 21, 2011 Page 16 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, Al_ John R. Shenk Development Manager Owner's Representative & Applicant CDG CANNON DESIGN GROUP July 27, 2011 Mr. Joel Paulson Community Development Department Town of Los Gatos 110 E. Main Street P.O. Box 949) Los Gatos, CA 95031 RE: Albright Netflix Corporate Campus ARCHITECTURE PLANNING URBAN DESIGN Dear Joel: I met with the architects a week ago to look at and discuss their plans and elevations to that point of development. We had a good and productive meeting in which I was able to give them my initial impressions, and suggest some areas for further design exploration. It was a good collaborative discussion, and we generally agreed on several areas for further exploration. A few changes that we discussed have been incorporated into the current plans, but many were not due to the limited time that the architects had to complete this package for the upcoming meeting. Because of that, I have included in this letter some of the items discussed in that meeting along with a couple of additional issues I noticed in reviewing the current drawings. TEL: EMAIL: 180 HARBOR DRIVE 415.331.3795 cdgplan@pacbeltnet SUITE 219 FAX: 415.331.3797 SAUSALITO . CA ATTACHMENT 28 Albright Netlll' Corporate Campus Design Review Comments July 27, 2011 Page 2 Concerns and Recommendations Overview Overall, the material presented seems to be a very positive. I believe that they have a good start, and can, with further refinement, result in a very good project. Site Plan 1. The site plan is predicated in a mix of four- and five -story buildings. While this is larger than the norm for Los Gatos, I believe that the nature of this site, and the presence of the very large and mature landscaping that screens much of the site from view make it an acceptable mix so long as there is agreement concerning the overall maximum develop- ment to be accommodated on the site. The applicant was, I believe, asked to consider the same amount of building area limited to three-story buildings. In exploring this with Form 4 Architects, it appears that the area could be accommodat- ed on the site in lower structures, but the site would appear quite crowded, and the open space defined by the structures would be limited in use and appearance. The buildings, as currently proposed, would result in a gracious office campus with a generous central open space. In the course of the conversation with the architects, I suggested that Netflix might wish to explore some mechanism to open up this central open space to the public on occasions (e.g., evening summer concert series) to enhance its function as a public amenity. Certainly, the parking structure would provide for adequate parking for such events. These will be critical views and important portions of Architect's suggested exploring the building design and detail extending redwoods into the site (Good Idea) !:'111frgiV64Vikfri0 40111 N. St i• E 11114r-'": � << sstom STORY e.,. : Additional landscaping to soften parking area would be desirable Further study of paving and landscaping would be helpful in strengthening entry image and pedestrian flows P &ONG 0 entries .: z Generator/trash' , , o proximity to -11 4 t 4.- garage -to -entry 'ei z- . pedestrian path `� _i- may not be 3) desirable - alma ► OJECr HORN , CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965 Albright Netflix Corporate Campus Design Review Comments July 27, 2011 Page 3 2. Some further attention to the entry area would be beneficial. The architects suggested bringing some additional red- wood tree plantings into the site from the Winchester Blvd. frontage. This appears that it would be beneficial, in avoiding a sharp break in landscape character along the street frontage, providing additional visual buffers for the taller structures, and assisting in channeling visual attention and pedestrian flow to the two building entrances. 3. Both landscaping and building design will need special attention at the southwest corners of both buildings since they are focal point areas of viewing from the entry/drop off driveway. 4. Further study of paving and landscaping would be helpful in strengthening the entry image and pedestrian flows to the building entries. 5. Additional landscaping (e.g., landscaped finger islands) would be desirable in the parking area along the entry/drop off driveway adjacent to Building D. 6. The location of the generator and trash enclosure very close to the pedestrian path between the parking structure and the pedestrian pathway to the Building E west entry and the main entry plaza for Building D may cause some visual conflicts. Buildings 1. The architects' starting point for design are the existing Netflix buildings across Highway 85. The have an informal massing with a lot of facade variation and deep-set windows. The early designs for this new campus are in that spirit, but have special challenges presented by the additional height of the buildings. As noted above, I do believe that the architects have a good start on resolving those challenges. The goal will be to lighten up the visual quality of the design wherever possible, and maintain a some strong facade organization to unify the large amount of facade variety and de- tail. Visually lighten tower tops and use more glass to relate to bridge between buildings Study somewhat darker color tone in this area with a very Tight top floor to test its effect on perceived building height and bulk Visually lighten and emphasize top floor as building cap using varied design approaches (see example photos) This area of the building seems to work well. Curved form leads to entry. Tower emphasizes entry. Building form is slightly different. These elements appear a bit bulky and not as integrated into the design as other areas of the buildings 2. The architects have broken the window bays on the third and fourth floors of the five -story buildings, from a origi- nal approach of two-story high openings, to now show one-story punched openings. This, I believe, is a significant im- provement that down plays the height of the structure. One other approach was discussed for study, but not yet carried out. That would be to study a somewhat darker color tone on the middle floors to see if that might reduce the perceived visual height and size of the structures. CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965 Albright Netflix Corporate Campus Design Review Comments July 27, 2011 Page 4 3. We discussed, and the architects plan to explore, some changes to the top floor of both buildings. While the top floor along the long facades of both buildings have terraces with trellises, the end facades are more solid with standard walls and windows similar to those on the floors below. The design exploration discussed would seek to unify the design of those facades to emphasize the top floor as a building cap through a variety of setbacks and window/facade treat- ments. The photo example below shows one set of facade treatments that might serve as inspiration for the studies. Upper floor with inset balconies or trellis over decks Upper floor with recessed windows and half -columns 4. In a similar manner, further study for the tops of the stair towers was discussed to lighten their visual appearance, provide a more unique and slightly more contemporary design, and assist in unifying the overall project design by relating them to the proposed glass bridge between the two buildings. With regard to that transparent bridge, which is similar in function to the bridge between the two existing buildings at the current campus north of Highway 85, I believe that the proposed contemporary expression is a reasonable approach given the backdrop of a large open, heavily landscaped space. The photographic example to the right, which introduces more glazing, is one possible conceptual approach to the tops of these tower elements. The example relates only to the top of the ele- ment. The treatment of intermediate floors would be subject to further study, and would likely have more glazing to take advantage of views to the substantial landscaping on the site, and to encourage employee use of the stairs in lieu of elevators. 5. The building design at the entry to Building E seems to work well. The curved two-story element at the corner serves to direct the eye and pedestrian movement to the entries for both Buildings D and E, while the larger and taller building massing at the corner emphasizes this as an important portion of the building. 6. The two-story bay window -like elements at the upper portion of both buildings seem awkward and less integrated into the overall design than the other elements of the complex. As the project moves forward, these are areas that should receive some additional design study. Lighter lantern top Joel, please let me know if you have any questions, or if there are specific issues of concern that I did not address. Sincerely, CANNON DESIGN GROUP Larry Cannon AICP CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965 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 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 senior residential uses (the "Project"). Residential 1 ATTACF EN'T 29 uses would include senior units up to a maximum of 168 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 facilities; restaurants, cafeterias and other eating establishments; health and wellness 2 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. • 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 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): • Except as otherwise specifically permitted above, all conditional uses in the CM and 0 zones, excluding residential. 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 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 3 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) and Development Plans received by the Town of Los Gatos on July 26, 2011 (11 sheets)), incorporated 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 to the Official Development Plan shall be approved by the Community Development 4 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 250,000 square feet of new office/R&D development on the Property (the "Office Trigger"), and (ii) 60 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, the Town will process A&S applications and associated entitlements for the Property for additional office/R&D development permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay. 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 5 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 seven acres. 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 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. 6 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 REQUIRED. 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 168 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 the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty 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 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. 7 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. 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 8 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. The parking ratio for senior housing 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. 9 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 tobe 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 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 10 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 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 11 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 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 [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 12 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 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. 13 • 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 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 14 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. 34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-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 15 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. 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- 16 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 • 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 17 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. 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 damage 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 18 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 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). 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 19 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 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. 41. GEOLOGIC MITIGATION MEASURE GEO-2: Undocumented Fill. The project sponsor shall require the removal of undocumented fill materials within proposed 20 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 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. 21 • 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 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). • 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 22 would commit to reducing the type and amount of emissions identified in the agreement. 43. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-l. 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 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 23 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- 1 b, 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 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. 24 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-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 remediation activities at the site. 44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-2. Hazardous 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 25 mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. 45. NOISE AND VIBRATION MITIGATION MEASURE 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- 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, 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: 26 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 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 27 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 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 28 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 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 29 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.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. 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 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. 30 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 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 31 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, after the 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 32 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 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 33 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. 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. 34 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 fmal "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 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; fj Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: 35 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 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 36 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. 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 37 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. 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 38 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. 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. 39 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/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by the Community Development Director prior to issuance of any permit for each development phase. 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: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. 40 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. 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 41 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. b. Winchester Blvd./Albright Way. Construct a landscaped median island with turn restriction signage. 42 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 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 43 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 daily trucking reports to the Engineering inspector during the export operation of each development phase. 44 106. 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 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 45 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-mm or digital video camera. The survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the Campbell City limits. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 111. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete a post construction pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether 46 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 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 47 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. 118. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk 48 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. 123. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic 49 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 N:1DEV\ORD S ,Albright8- l TCRESbyright. doc 55 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 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 senior residential uses (the "Project"). Residential 1 ATTACHMNT 30 uses would include senior units up to a maximum of 168 units, subject to the approval of a Conditional Use Permit. 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. • All uses permitted in the 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): • 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. The Town Council shall be the deciding body for a CUP for this use. • Except as otherwise specifically permitted above, all conditional uses in the CM and 0 zones, excluding residential. 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) and Development Plans received by the Town of Los Gatos on July 26, 2011 (11 sheets)), incorporated herein by this reference, constitute the Official Development Plan. The following must be compliedwith before issuanceof. 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 4 Ordinance as Exhibit B prior to recordation. Any further changes or modifications made to the Official Development Plan shall be approved by the Community Development Director, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s), 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 250,000 square feet of new office/R&D development on the Property (the "Office Trigger"), and (ii) 60 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, the Town will process A&S applications and associated entitlements for the Property for additional office/R&D development permitted by the PD Overlay, up to the maximum amounts permitted by the PD Overlay. 5 Upon satisfaction of the Phasing Trigger, the Town will process CUP and 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 seven acres. 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 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 6 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 REQUIRED. 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 168 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 the parking structures shall be three stories and 35'-0" (thirty five feet zero inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. The maximum height of senior housing buildings may be up to three stories and 50'-0" (fifty 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 Development Agreement. 11. SETBACKS. Minimum setbacks are as set forth on Sheet A-9 of the Official Development Plan (Exhibit B). 7 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. 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. 8 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. The parking ratio for senior housing 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. 9 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 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 10 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 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 11 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 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 [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 12 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 URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial Study): 13 • 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 outside of the breeding season between September 1 and January 31 to avoid impacts to nesting birds. 14 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. 34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-2: Protection of Riparian Habitat during Construction. Project implementation would require the operation of 15 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. 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. 16 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 • 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. 17 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 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. 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 damage and to prevent further accidental impacts. 18 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 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). 38. CULTURAL RESOURCES MITIGATION MEASURE CUL-2. Identification of 19 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 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 20 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 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: 21 • 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 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). • Increase the project design by 100 percent (i.e., presence of transit -oriented development design guidelines, complete street standards). 22 • 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 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, 23 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 HAZ-1b, 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 24 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-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 remediation activities at the site. 44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-2. Hazardous 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 25 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, whereby surface vibration will be limited to no more than 0.2 in/sec PPV, measured at the closest residential structures. 26 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 Depai tuient 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 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 27 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. £ 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 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 28 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 Conditions. Therefore, the project will be required to fund and construct the improvement, unless other development is identified that will contribute a 'fair share' 29 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 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.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. 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 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. 30 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 vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: 31 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, after the Building Department has approved the building plans. 32 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 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 33 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. a. Winchester Boulevard. Right of way as needed to accommodate required frontage and site entry improvements. 34 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 shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING 35 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 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. 36 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. 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 37 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 agreementwill 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. 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 38 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. 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. 39 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/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by the Community Development Director prior to issuance of any permit for each development phase. 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: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. 40 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. 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 41 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. b. Winchester Blvd./Albright Way. Construct a landscaped median island with turn restriction signage. 42 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 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 43 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 Depa, lucent. 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 daily trucking reports to the Engineering inspector during the export operation of each development phase. 44 106. 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 Depaitinent. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before 45 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-mm or digital video camera. The survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the Campbell City limits. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 111. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete a post construction pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether 46 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 pennits 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 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 47 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. 118. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk 48 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. 123. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic 49 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 N:\DEV\ORDS\Albright8-1 TCCUP forRES.doc 55 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, 1 ATTACHMENT 31 uses (the "Project"). Residential uses could include multi family and/or senior units up to a maximum of 168 units. The specific uses for each phase of the Project will be determined by thc authorized by this PD Overlay is authorized up to the stated maximums, subject to the Residential Development TriggeFs deseFibed herein, provided that the combination of uses does Mitigated Negative Declaration for the project dated April 11, 2011 (thc "MND"). If the 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. • 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): „t a1 (f aale andi l* • Senior Housing including without limitation, independent living, assisted living, Care f r tl e Ekl-e--1., inelu inn full f ,7 a th , f , 1 eh • Except as otherwise specifically permitted above, all conditional uses in the R M, CM and 0 zones, excluding residential uses. 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) and Development Plans received by the Town of Los Gatos on July 26, 2011 (11 sheets)), incorporated herein by this reference, constitute the Official Development Plan. The following must be.. complied- :with: before issuance _ofanygrading, 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 4 Ordinance as Exhibit B prior to recordation. Any further changes or modifications made to the Official Development Plan shall be approved by the Community Development Director, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s), 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. ?,--RES NTI A 7 DE\'IET OPMEN RJGGERS: The Development Plans shall be revised to reflect the following ehanges to the Residential Development Triggers: Until both (i) issuance by the Town of a building-perrnit-few ,tn s@ f t office/R&D develepme t on the Prepe y (the "Office Trigger"), and (ii) 60 months after on the Property. Upon satisfaction of the Office Tier, whether satisfied before or after the Phasing Trigger, the Town will process A&S applications and as-see-iated-ent-tlements-fer-the 5 D Ft a e feo'D D „ses sh- 11 t a th 1 d. o efthe Dreper y remairking-aft d d t' C the land o., that is tha bj t fth rl .l build it for office/R&D uses. Up�, in�antienef th Ph s n Trigger-,-4he To ill A P.0 pli ations an4 the -la a ea 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 6 3rd Floor = 95% - 90% of 1st Floor 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 REQUIRED. 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. b 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 zero inches),' l„4iag t e-reef-screenThe maxim. m-=Hof residential buildings may be up to-10' 0" (f rt • fecett-and erorine iea), including thre- roof scY tt The maximum height of the parking structures shall be three stories and 35'-0" (thirty five feet zero 7 inches), exclusive of tower elements and other similar architectural elements which shall be reviewed using Section 29.10.090 of the Zoning Ordinance. 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 compliancewith the Official Development Plans shall be determined during the A&S Approval process, subject to the provisions of any applicable Development Agreement. T-DEICE (BMP) PROGRAM. The developer shall comply with the LC.Y 11 1-li 11 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 pric_ nt ta-the w 's BMP requir-emets laoe a< <he 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 8 calculations are submitted for review prior to the issuance of building permit. 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 bcdr om unit, 2 spaces per 2 bedroom 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 10 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. 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 11 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. 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 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 12 airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. 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 13 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) 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: 14 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 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 15 protective measures. 34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-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. 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. 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 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 damage 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 19 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). 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 Geotechnical Investigations. 20 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 21 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 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). 22 • 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 23 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 24 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-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 remediation activities at the site. 44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-2. Hazardous 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 25 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-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- 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, 26 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 27 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 28 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 29 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 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.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. 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. 30 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 31 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, after the 32 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. 38 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. 39 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/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by the Community Development Director prior to issuance of any permit for each development phase. 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-mm or digital video camera. The survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the Campbell City limits. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 111. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete 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 Depai liiient 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 Depaitment, 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 N:\DE V\ORD S\Albright8-1 TCOfficeOnlyRedline.doc 55 THIS PAGE INTENTIONALLY LEFT BLANK 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 August 1, 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 August 1, 2011, is approved and adopted as part of these 1 ATTACTT 32 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 August 1, 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 3 This Page Intentionally Left Blank Attachment 33 Section 1.2 (e) 1.2 (g) 1.2 (a) 2.3.5. Recital 5 DEVELOPMENT AGREEMENT Los Gatos Business Park, LLC Existing permitted use for multi -family residential permitted use for uses for residential CUP required for other uses Planning Commission has authority for Architecture Sr. Site approvals Term: 15 years + 5 year extension Community benefit (office) Community benefit (residential) Entire Agreement Potential Chan es delete 1.2(e) omit references to any residential uses except for 168 senior units exclude all residential uses except for 168 senior units Council to determine who reviews A&S Council to determine length of term Council to determine amount 101 to 168 units $2,000/unit and delete references to any units over 168 delete references to residential except for senior delete reference to high -density residential delete all references to "residential" uses ATTACANENT 33 This Page Intentionally Left Blank 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 MITIGATED 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 again on August 1, 2011 and was regularly noticed in conformance with State and Town law. B. The Town Council 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-1 0-005. 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 34 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos hereby adopted the Mitigated Negative Declaration (including Errata Sheets) at the hearing on June 20, 2011. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos hereby adopts the 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 day of 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:1DEV\RESOS\AIbrightEnv TC 8-01.docx This Page Intentionally Left Blank