8 - 15055 & 15075 Los Gatos BoulevardMEETING DATE: 10/17/2011
ITEM NO: 8
COUNCIL AGENDA REPORT
DATE: October 11, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-11-003. PROJECT
LOCATION: 15055 & 15075 LOS GATOS BOULEVARD. PROPERTY
OWNER/APPLICANT: WILLIAM HIRSCHMAN & ELIZABETH DODSON.
REQUESTING APPROVAL TO AMEND A PLANNED DEVELOPMENT TO
CONVERT EXISTING STRUCTURES INTO COMMERCIAL
CONDOMINIUMS AND ALLOW USES PERMITTED IN THE CH ZONE ON
PROPERTY ZONED CH:PD. APN 424-07-096.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended that the Town Council:
1. Accept the report of the Planning Commission's recommendations in the form of meeting
minutes (Attachment5) (no motion required); and
2. Make the required findings (Attachment 1) and approve Planned Development Application
PD-11-003 as recommended by staff (motion required); and
3. Adopt an ordinance amending a Planned Development to allow commercial condominiums
and modify permitted uses (retaining the retail use) on property zoned CH:PD (Attachment
2) (motion required).
ALTERNATIVES:
Instead of the aforementioned actions, the Council may:
• Make the required findings (Attachment 1) and approve Planned Development
Application PD-11-003 as proposed by the applicant (motion required); and adopt
an ordinance amending a Planned Development to allow commercial condominiums
and modify permitted uses on property zoned CH:PD (Attachment 3) (motion
required); or
PREPARED BY:5 Wendie R. Rooney, Director of Community Development
Reviewed by: j, Assistant Town ManagerTown Attorney Finance
N:\DEV\TC REPORTS \2011\LGB15055 15075.docx Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15055 & 15075 Los Gatos Boulevard/PD-11-003
October 10, 2011
• Approve the application subject to modified or additional performance standards
(Attachment 2 or 3) (motion required); or
• Continue the project to a date certain with specific direction (motion required); or
• Deny the application (Attachment 4) (motion required).
BACKGROUND:
On April 5, 1999, the Town Council adopted Planned Development (PD) Ordinance 2060 to
rezone the subject property from R-1:8, CH, and RM:5-12 to CH:PD, demolish existing
structures, and construct two commercial buildings to be used as retail/office. At that time, the
address at the subject site was 15089 Los Gatos Blvd. Town Council found that the mix of both
retail and office uses were consistent with the Town General Plan and the Los Gatos Blvd Plan.
The approved floor plans of the PD Ordinance indicated that retail use was on the entire second
floor of the south building and on a portion of the second floor of the north building and that
office uses were in the other spaces (Exhibit 4). The second floor of both buildings is at ground
level along Los Gatos Blvd. On January 30, 2001, staff erroneously issued a building permit for
office tenant improvements for a portion. of the second floor of the north building which was
inconsistent with the floor plan uses of the approved PD. The tenant improvements were under
full construction, near completion and under a lease agreement when Town staff became aware
of the error. The applicant (who was also the property owner/developer of the subject site at that
time) felt that the improvements were not issued in error in that he believed that Ordinance 2060
was intended to allow any use in the CH zone without specifying which use should go in a given
location. Due to the conflict, the matter was referred to the Town Council for interpretation.
On March 19, 2001, the Town Council considered the matter and made the following
determination and actions:
• Ordinance 2060 requires that retail and office uses be distributed in the north and south
buildings in a manner consistent with sheet 2 of Exhibit B of the Ordinance. Therefore,
retail use is required on the entire second floor of the south building and on a portion of
the second floor of the north building.
• Permitted the office tenant to remain in the north building subject to a General Release
(as discussed below) between the Town and the developer.
On April 16, 2001, Town Council adopted Resolution 2001-39 authorizing the mayor to accept
and approve the General Release (Exhibit 5). On April 24, 2001, the property owner entered into
the General Release with the Town to temporarily allow a medical office use in 15055 Los Gatos
Boulevard Suite 250. The General Release allows the use to continue until the lease is
terminated or expires whichever comes first. The lease will expire as late as January 5, 2013, if
optional lease extensions are granted between the lessor and the lessee as permitted by the
General Release. Subsequent tenant improvements and traffic mitigation fees allowed some
medical offices in 15055 Los Gatos Boulevard Suites 100, 240, and 310 where office uses were
permitted pursuant to the approved PD.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 15055 & 15075 Los Gatos Boulevard/PD-11-003
October 10, 2011
DISCUSSION:
A. Project Summary
The applicant is requesting a PD amendment (Exhibit 6 of Attachment 7) to:
• Subdivide the building into 11 commercial condominiums; and,
• Modify the allowed uses to permit all uses permitted in the underlying Restricted
Highway Commercial (CH) zoning designation. The applicant submitted floor plans
illustrating existing and proposed uses (Exhibit 7 of Attachment 7).
Please see Attachment 7 for additional information regarding the project.
B. Planning Commission
On September 14, 2011, the Planning Commission considered the subject application (see
Attachment 7). The Commission's discussion included the following:
• Use of the buildings if commercial condominiums were approved;
• Lack of justification for the request to remove the retail requirement.
See Attachment 5 for the Commission's full discussion. The Planning Commission
recommended approval of the project with staffs recommendation. Staff carefully
considered the change in use issue and recommended that the Commission forward the
project to the Town Council with a recommendation of approval of the subdivision and
approval of the change in uses provided retail uses are maintained as currently required by
Ordinance 2060 and Resolution 2001-39.
C. Community Benefit
The applicant proposes to contribute monetary funds to the Los Gatos Creekside Sports Park
(Exhibit 10 of Attachment 6). Staff recommends the funds are allocated towards Oak
Meadow Park which has upgrades scheduled sooner than the development of the sports park.
The applicant would prefer that the community benefit be used for the sports park. If the
deciding body finds merit with the project and the applicant's preferred community benefit,
the community benefit performance standard included in Attachments 2 and 3 must be
modified below (additions underlined; deletion stricken). If the deciding body and the
applicant determine that using the monetary community benefit for Oak Meadow park is
acceptable, modifications to the community benefit perfoiiiiance standard are not necessary.
COMMUNITY BENEFIT. The applicant has offered the following community benefit to
offset traffic impacts created by the proposed project: $10,000 to be used for Oak Meadow
the Los Gatos Creekside Sports Park. The community benefit shall be submitted to the Town
prior to final occupancy.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 15055 & 15075 Los Gatos Boulevard/PD-11-003
October 10, 2011
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
CONCLUSION:
Although the uses proposed by the applicant comply with the underlying CH zoning designation,
based on past Town Council action, Town staff and the Planning Commission do not support the
requested change in use for the retail spaces noted. The proposed subdivision to commercial
condominiums does not raise any concerns for Town staff or the Planning Commission provided
the retail use is retained pursuant to the approved PD Ordinance and the General Release as
adopted by Town Council (Resolution 2001-39). The draft PD Ordinance (Attachment 2) has
been written based on the staffs and Planning Commission's recommendation, not the
applicant's request.
ENVIRONMENTAL ASSESSMENT:
An Initial Study and Negative Declaration were prepared for the Planned Development. The
MND was certified by the Town Council on January 4, 1999. CEQA Section 15301 exempts
condominium conversion of existing commercial facilities. No further environmental analysis is
required for the proposed PD amendment.
FISCAL IMPACT:
None.
Attachments:
1. Required Findings
2. Draft Planned Development Ordinance as Recommended by the Planning Commission
3. Draft Planned Development Ordinance as Requested by the Applicant
4. Resolution denying the Planned Development amendment
5. Excerpt of the Planning Commission verbatim meeting minutes of September 14, 2011
6. Desk Item to the Planning Commission for the meeting of September 14, 2011
7. Report to the Planning Commission for the meeting of September 14, 2011
Distribution:
cc: William Hirschman & Elizabeth K. Dodson, 15585 Los Gatos Boulevard, Los Gatos, CA 95032
WRR:JLS:cgt
N:\DEV\TC REPORTS \2011\LGB15055 15075,docx
REQUIRED FINDINGS FOR:
15055 & 15075 Los Gatos Boulevard
Planned Development Application PD-11-003
Requesting approval of a Planned Development Amendment to convert existing structures
into office condominiums and allow uses permitted in the CH zone on property zoned
CH:PD. APN 424-07-096.
PROPERTY OWNER/APPLICANT: William Hirschman & Elizabeth Dodson
FINDINGS
Required fmding for CEQA:
■ The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town in that project consists of the division of existing
facilities/buildings where no physical changes occur. An Initial Study and Mitigated
Negative Declaration (MND) were prepared for the Planned Development. The MND was
certified by the Town Council on January 4, 1999. No further environmental analysis is
required.
Required consistency with the Town's General Plan:
■ That the proposed Zone Change is internally consistent with the General Plan and its
Elements.
Required consistency with the Town's Traffic Policy for community benefit:
• Projects that generate additional traffic of five or more peak hour trips may only be
recommended for approval if the project's benefits to the community override the traffic
impacts as determined by specific sections of the General Plan and/or any Specific Plan. If a
project generates additional traffic of five or more peak hour trips the burden is on the
applicant to cite economic or housing benefits to the Town and/or specific sections of the
General Plan and any applicable Specific Plan that demonstrate the project's benefit to the
Community which outweighs the traffic impact. The deciding body must make specific
findings which demonstrate that the benefit(s) of the project outweigh the impact in order to
approve the project.
N:\DEv1FINDINGS\201 I\LGB 15055 15075.DOCX
ATTACHMENT 1
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2060
AT 15055 AND 15075 LOS GATOS BOULEVARD (APN: 424-07-096)
TO ALLOW COMMERCIAL CONDOMINIUMS AND MODIFY PERMITTED USES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Uses and Improvements Authorized
The uses authorized by Ordinance 2060 are hereby amended to permit:
1. Eleven commercial condominiums;
2. Two commercial buildings consisting of at least 8,903 square feet of retail, those
uses specified in the underlying CH (Restricted Highway Commercial) zone by
Sections 29.60.420 of the Town Code (Permitted Uses), and those uses specified
29.20.185 of the Town Code (Conditional Uses), as those sections exist at the
time of the adoption of this Ordinance, or as they may be amended in the future,
subject to any restrictions or other requirements specified elsewhere in this
ordinance including, but not limited to, the Official Development Plan. However,
no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit; and
3. Ordinance No 2060 is still valid in conjunction with the amendments made by this
ordinance.
1
ATTACHMENT 2
SECTION II
Official Development Plan
Performance Standards of Ordinance No. 2060 are hereby amended to incorporate
commercial condominiums and modify permitted uses. All other performance standards in
Ordinance 2060 are still valid. The following Performance Standards must be complied with
before any issuance of tenant improvement or Certificate of Use and Occupancy permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. TENTATIVE MAP. A separate subdivision application shall be required for the
condominiums. The Development Review Committee may be the deciding body of the
tentative map.
2. RETAIL USE. A minimum of 5,024 square feet in the south building and 3,879 square
feet in the north building shall be dedicated to retail use. Retail use may include a
restaurant use provided a Conditional Use Permit is approved. Temporary exception for
the north building is approved and regulated pursuant to Resolution 2001-39.
3. DEED RESTRICTION FOR RETAIL USE SPACE. Prior to the recordation of the map,
and prior to the issue of any tenant improvement permits or Certificate of Use and
Occupancy permits, deed restrictions shall be prepared by the Town and recorded by the
property owner, at the applicant's expense, with the Santa Clara County Recorder's
office, specifying the retail requirements noted above in the Retail Use performance
standard.
2
4. SIGN PERMIT. A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
5. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to any
new or change of use.
6. BUSINESS LICENSE. A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
7. COMMUNITY BENEFIT. The applicant has offered the following community benefit
to offset traffic impacts created by the proposed project: $10,000 to be used for Oak
Meadow Park. The community benefit shall be submitted to the Town prior to final
occupancy.
(Building Division)
8. PERMITS REQUIRED. If any tenant improvement work is necessary, a building permit
shall be required. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
9. PERFORMANCE STANDARDS. The Performance Standards must be blue -lined in full
on the cover sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the
Performance Standards will be addressed.
10. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
11. CONDOMINIUM UNIT ADDRESSES. If new individual condominium addresses will
be requested, please make application for addresses prior to map recordation.
3
12. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399-5702
b. Engineering/Parks & Public Works Department: Trang Tu-Nguyen(408)354-5236
c. Santa Clara County Fire Department: (408) 378-4010
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13. FINAL MAP. A final 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 permits are issued.
14. 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 the final/parcel map.
15. CC&R. A copy of the CC&R shall be submitted for review and approval by the Town
Attorney and Planning Director/Town Engineer prior to final/parcel map recordation.
16. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plan
capacity fees shall be paid either immediately prior to the recordation of any subdivision
maps with respect to the subject property or properties, 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 map recordation.
4
17. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
fee proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The fee is currently estimated at $29,573.00. The fee shall be paid before the
building permit is issued. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time of the building permit application, using a trip
generation rate based on use.
18. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
TO THE SATISFACTION OF THE TOWN ATTORNEY
19. 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.
5
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 17, 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 October 17, 2011.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
6
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2060
AT 15055 AND 15075 LOS GATOS BOULEVARD (APN: 424-07-096)
TO ALLOW COMMERCIAL CONDOMINIUMS AND MODIFY PERMITTED USES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Uses and Improvements Authorized
The uses authorized by Ordinance 2060 are hereby amended to permit:
1. Eleven commercial condominiums;
2. Those uses specified in the underlying CH (Restricted Highway Commercial)
zone by Sections 29.60.420 of the Town Code (Permitted Uses) and those uses
specified 29.20.185 of the Town Code (Conditional Uses), as those sections exist
at the time of the adoption of this Ordinance, or as they may be amended in the
future, subject to any restrictions or other requirements specified elsewhere in this
ordinance including, but not limited to, the Official Development Plan. However,
no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit; and
3. Ordinance No 2060 is still valid in conjunction with the amendments made by this
ordinance.
ATTACHMENT 3
SECTION II
Official Development Plan
Performance Standards of Ordinance No. 2060 are hereby amended to incorporate
commercial condominiums and modify permitted uses. All other performance standards in
Ordinance 2060 are still valid. The following Performance Standards must be complied with
before any issuance of tenant improvement or Certificate of Use and Occupancy permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. TENTATIVE MAP. A separate subdivision application shall be required for the
condominiums. The Development Review Committee may be .the deciding body of the
tentative map.
2. SIGN PERMIT. A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
3. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to any
new or change of use.
4. BUSINESS LICENSE. A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
5. COMMUNITY BENEFIT. The applicant has offered the following community benefit
to offset traffic impacts created by the proposed project: $10,000 to be used for Oak
2
Meadow Park. The community benefit shall be submitted to the Town prior to final
occupancy.
(Building Division)
6. PERMITS REQUIRED. If any tenant improvement work is necessary, a building permit
shall be required. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
7. PERFORMANCE STANDARDS. The Performance Standards must be blue -lined in full
on the cover sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the
Performance Standards will be addressed.
8. . SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
9. CONDOMINIUM UNIT ADDRESSES. If new individual condominium addresses will
be requested, please make application for addresses prior to map recordation.
10. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage at 399-5702
b. Engineering/Parks & Public Works Department: Trang Tu-Nguyen at 354-5236
c. Santa Clara County Fire Department: (408) 378-4010
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
11. FINAL MAP. A final 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
3
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
12. 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 the final/parcel map.
13. CC&R. A copy of the CC&R shall be submitted for review and approval by the Town
Attorney and Planning Director/Town Engineer prior to final/parcel map recordation.
14. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plan
capacity fees shall be paid either immediately prior to the recordation of any subdivision
maps with respect to the subject property or properties, 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 map recordation.
15. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
fee proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The fee is currently estimated at $29,573.00. The fee shall be paid before the
building permit is issued. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time of the building permit application, using a trip
generation rate based on use.
16. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
4
TO THE SATISFACTION OF THE TOWN ATTORNEY:
17. 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 peiiuits and entitlements whether or not expressly set
forth in the approval.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 17, 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 October 17, 2011.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
5
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RESOLUTION 2011-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO EXECUTE A RESOLUTION DENYING A REQUEST TO AMEND ORDINANCE NO. 2060
AT 15055 AND 15075 LOS GATOS BOULEVARD (APN: 424-07-096)
TO ALLOW COMMERCIAL CONDOMINIUMS AND MODIFY PERMITTED USES
ON PROPERTY ZONED CH:PD.
APN: 424-07-096
CONDITIONAL USE PERMIT APPLICATION: PD-11-003
PROPERTY LOCATION: 15055 & 15075 LOS GATOS BOULEVARD
PROPERTY OWNER/APPLICANT: WILLIAM HIRSCHMAN & ELIZABETH DODSON
WHEREAS, This matter came before the Town Council for public hearing on October 17, 2011,
and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval to amend Ordinance No. 2060 at 15055 and 15075
Los Gatos Boulevard to allow commercial condominiums and modify permitted uses on property zoned
CH:PD. The applicant is requesting commercial condominiums and to permit all uses allowed in the
underlying CH zoning designation.
WHEREAS, On September 14, 2011, the Planning Commission considered the request to
amend Ordinance No. 2060 at 15055 and 15075 Los Gatos Boulevard to allow commercial
condominiums and modify permitted uses on property zoned CH:PD. The Planning Commission
recommended approval of the request with condition to maintain the retail requirement approved by
Ordinance 2060, finding that the zone change is consistent with the General Plan and its Elements.
WHEREAS, Town Council received testimony and documentary evidence from the applicant
and all interested persons who wished to testify or submit documents. Town Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings and the
packet of material contained in the Council Agenda Report dated September 27, 2011, along with any and
all subsequent reports and materials prepared concerning this application.
ATTACHMENT 4
WHEREAS, Council finds as follows:
A. The zone change is not consistent with the General Plan and its Elements. This fmding is
based on the evidence presented in the Council Agenda Report dated September 27, 2011, and
incorporates the findings made by the Planning Commission on September 14, 2011, regarding this
application.
B. The project is categorically exempt from environmental review pursuant to Section
15301 of the State Environmental Guidelines as adopted by the Town.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planned Development application PD-11-003 to amend Ordinance No. 2060 at
15055 and 15075 Los Gatos Boulevard to allow commercial condominiums and modify permitted uses on
property zoned CH:PD is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any
application for judicial relief from this decision must be sought within the time limits and pursuant to the
procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by
state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 17th day of October, 2011, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Staff supports the proposed subdivision to
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Town's General Plan and the Los Gatos Boulevard Plan. The
approved floor plans of the Planned Development Ordinance
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as permitted uses. If the retail and general office is
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is at 15585 Los Gatos Boulevard and let me start by
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Although the uses proposed by the Applicant
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into effect back in the year 2000 and I am more than happy
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This concept was brought to me actually by a few
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so that we could analyze traffic.
would be retail
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the CH zone, and that's really all we're requesting here
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need for retail. We are not suggesting,
consider this do I want you to think, that we're try to
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two financial planners, two banks, and two restaurants that
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So all we're asking now is to allow us to sell
these units to any user. I will share with you that one of
the buildings, the smaller building, will be sold to a
dentist who wants to occupy what's under contract,
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That's what we're asking for
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if he should sell it in the future is the next person going
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N III
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TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 14, 2011
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
PROPERTY OWNER
CONTACT:
APPLICATION
SUMMARY:
EXHIBITS:
BACKGROUND:
Jennifer L. Savage, Associate Planner
tsavagena,losaatosca. gov
ITEM NO: 4
DESK ITEM
Planned Development Application PD-11-003
15055 & 15075 Los Gatos Boulevard (west side of Los Gatos
Boulevard approximately 400 feet north east of Lark Avenue)
. • William Hirschman & Elizabeth K. Dodson
Bill Hirschman
Requesting approval of a Planned Development Amendment to
convert existing structures into office condominiums and allow
uses permitted in the CH zone on property zoned CH:PD. APN
424-07-096.
1-9. Previously Received with September 14, 2011 Planning
Commission Staff Report
10. Community Benefit Letter (one page), received September
14, 2011
11. Required Findings
The received the applicant's community benefit letter (Exhibit 10) after the staff report was
circulated. The applicant proposes to contribute monetary funds to the Los Gatos Creekside
Sports Park. Staff recommends the funds are allocated towards Oak Meadow Park which has
upgrades scheduled sooner than the development for the sports park. If the deciding body finds
merit with the project and proposed community benefit and the applicant concurs with staff s
recommendation for the use of the community benefit funds, staff recommends the community
benefit performance standard included in Exhibit 8 is modified below (additions 'underlined;
deletion stricken). If the deciding body and the applicant determine that the monetary
community benefit should be used for the sports park, the performance standard should be
modified to reflect the determination.
COMMUNITY BENEFIT. The applicant has offered the following community benefit to offset
traffic impacts created by the proposed project: to be determined $10,000 to be used for Oak
Meadow Park. The community benefit shall be submitted to the Town prior to final occupancy.
ATTACHMENT 6
di
Planning Commission Staff Report - Page 2
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
Staff erroneously excluded the CEQA findings from the Required Findings (Exhibit 2).. As
discussed in .the .staff report, an Initial Study and Negative Declaration were prepared for .the
Planned Development, the MND was certified by the Town Council on January 4, 1999, and
CEQA Section 15301 exempts condominium conversion of existing commercial facilities. No
further environmental analysis is required for the proposed PD amendment. The revised
Required Findings are attached as Exhibit 11.
Pared b
Jennifer L. Savage, AICP
Associate Planner
WRR:JS:ct
N:1DBViPCREPORTS\20111LGB15055 15075 PDAmend Desk.docx
n.
Approved by:
endie R. Rooney •
Director of Community Development-
0
Planning Commission Town of Los Gatos
Re: Planned Development Application PD-11-003
15055 & 15075 Los Gatos Boulevard
The following is being offered as community benefit in satisfaction of the community benefit
requirement under the Town Traffic Impact Policy as it relates to the Planned Development Application
PD-11-003, 15055 and 15075 Los Gatos Boulevard.
• The project will help retain and promote new business activity along Los Gatos Boulevard in the
North Forty area by providing a property ownership alternative for small business owners that
currently does not exist.
• This project when originally constructed was to be a model for future development of the North
Forty. Continued viability of this project will enhance the vision of the North Forty Specific Plan
and will help support new business activity as the North Forty further develops.
• The condominium ownership of business properties will lend its self to a more stable business
environment with the long term ownership commitment of business owners therefore providing
a more stable business community.
• Because of what will ultimately be a significant development of the North Forty area and a
traffic impact that will far exceed any impact the subject project may have on the area,
contributions to traffic claiming or future traffic mitigation measures seemed inappropriate.
Therefore as an additional community benefit, the Hirschman family in their ongoing support of
sports programs in Los Gatos will offer $10,000 to be used for the Los Gatos Creekside Sports
Park for whatever purposes the Town of Los Gatos deems appropriate.
EXHIBIT 1 0
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Left Blank
REQUIRED FINDINGS FOR:
15055 & 15075 Los Gatos Boulevard
Planned Development Application PD-11-003
Requesting approval of a Planned Development Amendment to convert existing structures
into office condominiums and allow uses permitted in the CH zone on property zoned
CH:PD. APN 424-07-096.
PROPERTY OWNER/APPLICANT: William Hirschman & Elizabeth Dodson
FINDINGS
Required finding for CEQA:
is The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town in that project consists of the division of existing
facilities/buildings where no physical changes occur. An Initial Study and Mitigated
Negative Declaration (MND) were prepared for the Planned Development. The MND was
certified by the Town Council on January 4, 1999. No further environmental analysis is
required.
Required consistency with the Town's General Plan:
■ That the proposed Zone Change is internally consistent with the General Plan and its
Elements.
N:1DEVIFINDINGS12011 \LGB 15055 15075.DOGX
EXHIBIT 1 1
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Left Blank
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 14, 2011
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
PROPERTY OWNER:
CONTACT:
APPLICATION
SUMMARY:
RECOMMENDATION:
PROJECT DATA:
Jennifer L. Savage, Associate Planner
jsavage@losgatosca.gov
ITEM NO: 4
Planned Development Application PD-11-003
15055 & 15075 Los Gatos Boulevard (west side of Los Gatos
Boulevard approximately 400 feet north east of Lark Avenue)
William Hirschman & Elizabeth K. Dodson
Bill Hirschman
Requesting approval of a Planned Development Amendment to
convert existing structures into office condominiums and allow
uses permitted in the CH zone on property zoned CH:PD. APN
424-07-096.
DEEMED COMPLETE: September 7, 2011
FINAL DATE TO TAKE ACTION: Rezoning applications are
legislative acts and are therefore not governed by the Permit
Streamlining Act.
Strong approval of the subdivision and strong approval of the
change in uses provided retail uses are maintained as currently
required by the Ordinance 2060 and Resolution 2001-39.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size (entire project site):
Surrounding Area:
Mixed Use Commercial
CH:PD
PD Ordinance 2060; General
Plan
1.594 acres
Existing Land Use
General Plan
Zoning
CH
North
Commercial
Mixed Use Commercial
East
Commercial
Mixed Use Commercial
R 1:8
South
Agriculture &
Commercial
Mixed Use Commercial
RC &
CH
West
Single Family
Mixed Use Commercial
R-1:8
ATTACHMENT 7
Planning Commission Staff Report - Page 2
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
CEQA:
An Initial Study and Mitigated Negative Declaration (MND) were
prepared for the Planned Development. The MND was certified
by the Town Council on January 4, 1999, CEQA Section 15301
exempts condominium conversion of existing commercial
facilities. No further environmental analysis is required.
FINDINGS: That the Zone Change (Planned Development amendment) is
consistent with the General Plan.
ACTION: Forward Planned Development PD-11-003 to the Town Council
with a Recommendation of Approval
EXHIBITS: 1. Location Map
2. Required Findings
3. Ordinance 2060 (excluding Exhibit B)
4. Floor Plans. from Approved PD
5. Resolution 2001-39
6. Project Description (one page), received June.14, 2011
7. Existing and Proposed Floor Plans (two pages), received July
29, 2011
8. Draft Planned Development Ordinance
9. Conceptual Tentative Map (one sheet), received August 2,
2011
BACKGROUND:
On April 5, 1999, the Town Council adopted Planned Development (PD) Ordinance 2060 to
rezone the subject property from R-1:8, CH, and RM:5-12 to CH:PD, demolish existing
structures, and construct two commercial buildings to be used as retail/office. At that time, the
address at the subject site was 15089 Los Gatos Blvd. Town Council found that the mix of both
retail and office uses were consistent with the Town General Plan and the Los Gatos Blvd Plan.
The approved floor plans of the PD Ordinance indicated that retail use was on the entire second
floor of the south building and on a portion of thesecond floor of the north building and that
office uses accommodated the other spaces (Exhibit 4).. The second floor of both buildings, are at
ground level with Los Gatos Blvd. On January 30, 2001, staff erroneously issued a building
permit for office tenant improvements for the second floor of the north building which was
inconsistent with the floor plan uses of the approved PD. The tenant improvements were under
full construction, near completion and under a lease agreement when Town staff became aware
of the error. The applicant (who was also the property owner/developer of the subject site at that
Planning Commission Staff Report - Page 3
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
time), felt that the improvements were not issued in error in that he believed that Ordinance 2060
was intended to allow any use in the CH zone without specifying which use should go in a given
location. Due to the conflict, the matter was referred to the Town Council for interpretation.
On March 19, 2001 the Town Council considered the matter and made the following
determination and actions:
• Ordinance 2060 requires that retail and office uses be distributed in the north and south
buildings in a manner consistent with sheet 2 of Exhibit B of the Ordinance. Therefore,
retail use is required on the entire second floor of the south building and on a portion of
the second floor of the north building.
• Permitted the office tenant to remain in the north building subject to a General Lease (as
discussed below) between the Town and the developer.
On April 16, 2001 Town Council adopted Resolution 2001-39 authorizing the mayor to accept
and approve the General Release (Exhibit 5). On April 24, 2001, the property owner entered into
the General Release with the Town to temporarily allow a medical office use in 15055 Los Gatos
Boulevard Suite 250. The General Release allows ;the use to continue until the lease is
terminated or expires whichever comes first. The lease will expire as late as January 5, 2013, if
optional lease extensions are granted between the lessor and the lessee as permitted by the
General Release, Subsequent tenant improvements and traffic mitigation fees allowed some
medical offices in 15055 Los Gatos Boulevard Suites 100, 240, and 310 where office uses were
permitted pursuant to the approved PD.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the west side of Los Gatos Boulevard approximately 400
feet north east of Lark Avenue. Single-family homes are located to the west; commercial
uses are located to the north, east, and south.
B. Project Summary
The applicant is requesting a PD amendment (Exhibit 6) to:
• Subdivide the building into 11 commercial condominiums; and,
• Modify the allowed uses to permit all uses permitted in the underlying Restricted
Highway Commercial (CH) zoning designation. The applicant submitted floor plans
illustrating existing and proposed. uses (Exhibit 7).
Planning Commission Staff Report - Page 4
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
ANALYSIS:
A. Subdivision
The conversion of office suites to 11 condominiums would allow business owners to own
their own space rather than renting. At this time, the applicant has not specifically
defined the location of the property lines for the property division of the spaces. If the
PD amendment is approved for the conversion to condominiums, a subdivision
application is required and the property lines would be defined at that time. If approved,
staff recommends the subdivision application be reviewed by the Development Review
Committee (DRC).
B. Change in Allowed Uses
The property is governed by PD Ordinance 2060 as opposed to the Zoning Ordinance
with the temporary exception agreed to by Resolution 2001-39. The PD Ordinance
specifies allowable uses and, as determined by the Town Council, requires retail uses on
the second floor, which is also the ground floor along Los Gatos Boulevard and offices
are allowed elsewhere. The approved PD includes 8,903 square feet of retail space. The
official development plans note 5,024 square feet in the south building thus allocating
3,879 square feet in the north building. The underlying CH. zoning designation identifies
retail, personal service, office and limited manufacturing as permitted uses. The CH
zoning designation also allows those uses identified in the Town Code Conditional Use
Permit (CUP) table (Section 29.20.185 of the Town Code) that could be permitted if a
CUP is granted. If the proposed PD amendment is approved, a CUP would be required
for the uses listed in the CUP table (Exhibit 8, Section I). Whether a CUP is required or
not, any new or change in use must meet the required parking. If the deciding body
determines that the retail use can be amended to allow office use, a revision to the
General Release would be required.
C. Traffic
The approved PD's traffic study evaluated the traffic impacts with retail on the ground
floor along Los Gatos Boulevard (8,903 square feet) and general office use elsewhere.
The applicant's request to allow all uses in the underlying CH zoning designation would
allow the opportunity for existing retail and general office uses to change, subject to
required permits depending on the use. The Town evaluates the traffic impacts based on
the most intensive use which in this case would be medical office.
As requested by the applicant, if the use from retail and general office is changed to allow
medical office use in the entire buildings the net increase in the AM peak hour would be
13 trips and in the PM peak hour 23 trips. This increase would trigger the requirement
Planning Commission Staff Report - Page 5
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
for a traffic study, a finding of community benefit and traffic impact mitigation fees. To
avoid a traffic study the applicant offered to modify his request. In order to avoid a
traffic study, the PM peak hour trips would need to be reduced to 20 trips or less. In
order to meet the applicant's goal, this would be accomplished by restricting 3,326 square
feet to a non -medical office use. Although the applicant offered to modify his request, he
has requested the deciding body's consideration to allow medical office uses for the
entire building without requiring a traffic study. Town staff is strongly opposed to this
consideration since it is not consistent with the Traffic Impact Policy or with past practice
for other applications.
If the approved retail use is retained and if the remaining portion of the buildings were
converted to medical office use, the net traffic increase in the AM peak hour would be 5
trips and in the PM peak hour would be 17 trips. This increase would not trigger a traffic
study; however, a finding of community benefit is required as well as traffic impact
mitigation fees.
As noted above, all scenarios require a community benefit. The applicant is currently
working with Town staff regarding the community benefit. It is anticipated that the
applicant's offering of a community benefit will be provided as a desk item report to the
Planning Commission. Since the community benefit has not been offered the
performance standard in the draft PD ordinance (Exhibit 8) has not been finalized.
D. General Plan Compliance
Following are excerpts from the General Plan which are applicable to the proposal which
the Commission needs to consider when evaluating the requested change in uses.
Goal LU-12: To ensure an appropriate mix of land use types along Los Gatos Blvd in
order to maintain the economic vitality of the corridor and continue to serve the needs of
the residents.
Goal LU-13: To promote appropriate and compatible development along Los Gatos Blvd
that complements the whole Town and serves residents and families.
Policy LU-13.2: Commercial activity along Los Gatos Blvd shall complement the whole
Town and shall provide a dependable source of income, employment opportunities,
goods and services.
Planning Commission Staff Report - Page 6
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
E. Los Gatos Boulevard Plan Compliance
Following are goals from the Los Gatos Blvd Plan Land Use section which are applicable
to the proposal which the Commission needs to consider when evaluating the change in
uses.
• To promote commercial activity that complements the whole Town.
• To provide a dependable source of income, employment opportunities, goods and
services.
• To encourage a mixture of uses along Los Gatos Blvd that is compatible to
surrounding uses.
F. CEQA Determination
An initial Study and Negative Declaration were prepared for the Planned Development.
The MND was certified by the Town Council on January 4, 1999. CEQA Section 15301
exempts condominium conversion of existing commercial facilities. No further -
environmental analysis is required for the proposed PD amendment,
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
Although the uses proposed by the applicant comply with the underlying CH zoning
designation, based on past Town Council action, Town staff does not support the
requested change in use for the retail spaces noted. The proposed subdivision to
commercial condominiums does not raise any concerns for Town staff provided the retail
use is retained pursuant to the approved PD Ordinance and the General Release as
adopted by Town Council (Resolution 2001-39). The draft PD Ordinance Exhibit 8 has
been written based on staffs recommendation, not the applicant's request.
B. Recommendation
Staff has carefully considered the change in use issue raised in the Conclusion section
above and believes that the Commission should forward the project to the Town Council
with a recommendation of approval of the subdivision and approval of the change in uses
provided retail uses are maintained as currently required by Ordinance 2060 and
Resolution 2001-39. If the Commission concurs with .staff s conclusion the Commission
Planning Commission Staff Report - Page 7
15055 & 15075 Los Gatos Boulevard/PD-11-003
September 14, 2011
P pared *AP'
proved by:
Jennifer L. Savage, AICP .. fi idid e R. Rooney
Associate Planner Director of Community Development
should take the following actions:
1. Find that the Zone Change (Planned Development amendment) is consistent with
the General Plan (Exhibit 2);
2. Forward a recommendation for approval of the Planned Development Application
amendment PD-11-003 (Exhibit 8) to the Town Council.
Alternatively, if the Commission has concerns with the application, it can:
• Recommend approval of the application to the Town Council with additional
and/or modified performance standards, or
• Recommend denial of the project.
WRR:JS:ct
cc: William Hirschman & Elizabeth K. Dodson, 15585 Los Gatos Boulevard, Los Gatos, CA
95032
N:1DEV\PCRBPORTS120t11LGB15055 15075 PDAniend.docx
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15055 & 15075 Los Gatos Boulevard
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REQUIRED FINDINGS FOR:
15055 & 15075 Los Gatos Boulevard
Planned Development Application PD-11-003
Requesting approval of a Planned Development Amendment to convert existing structures
into office condominiums and allow uses permitted in the CH zone on property zoned
CH:PD. APN 424-07-096.
PROPERTY OWNER/APPLICANT: William Hirschman & Elizabeth Dodson
FINDINGS
Required consistency with the Town's General Plan:
■ That the proposed Zone Change is internally consistent with the General Plan and its
Elements.
N ; \DI3V 1FINDINGS120111LGB 15 05 5 1507 5. DO CX
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ORDINANCE 2060
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM R-I:8, CH, AND RM:5-12 TO CH-PD AT
15089 LOS GATOS BOULEVARD
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 change the zoning at 15089 Los
Gatos Boulevard as shown on the map which is attached hereto marked Exhibit A snd, is part of this
Ordinance from R-1:8 (Single Family Residential), CH (Restricted Highway Commercial) and RM:5-12
(Multiple Family Residential, 5-12 units per acre), to CH-PD (Restricted Highway Commercial, Planned
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following
construction and use of improvements:
1. Demolition of an existing single-family residence, commercial building, residential lodge,
and studio;
2. Construction of two commercial buildings to be used as retail/office;
3. Landscaping, street improvements, parking areas and other site improvements shown and
required on the Official Development Plan;
4. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by
Sections 29.60.415 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless
specifically authorized by this Ordinance, or by Conditional Use Permit.
i
SECTION 111
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan specifically
shows otherwise.
SECTION IV
Architecture and Site Approval is required before the demolition of the single-family residence,
commercial building, residential lodge, and studio, or before any construction work for the commercial
buildings is performed, whether or not a permit is required for the work and before any permit for
construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130
of the Zoning Ordinance,
SECTION V
The Zone Change Map (Exhibit A) and Development Plans, 8 sheets (Exhibit B), are part of the
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. DEVELOPMENT STANDARDS (SE 'BACKS, HEIGHT, ETC.). Yard setbacks and building
heights shall be limited to those depicted on the approved development plans. The height of the
North and South Buildings shall meet the height requirement of the underlying zone. Both the North
and South Buildings shall be permitted to be built up to the side property line.
2. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
Application and approval shall be required for the commercial structures proposed.
3. **CULTURAL RESOURCES MITIGATION-1. In the event that archaeological traces are
encountered, all construction within a 50-meter radius of the find will be halted, the Planning
2
Director will be notified, and an archaeologist will be retained to examine the find and make
appropriate recommendations.
4. **CULTURAL RESOURCES MITIGATION-2. If human remains are discovered, the Santa Clara
County coroner will be notified. The Coroner will determine whether or not the remains are Native
American. If the Coroner determines that the remains are Native American and are not subject to
his/her authority, he/she will notify the Native American Heritage Commission, which will attempt
to identify descendants of the deceased Native Americans.
5. **CULTURAL RESOURCES MITIGATION-3. If the Planning Director finds that the
archaeological find is not a significant resource, work will resume only after the submittal of a
preliminary archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and for reburial will
follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a
significant archaeological site, a mitigation program will be prepared and submitted to the Planning
Director for consideration and approval, in confotzuance with the protocol set forth in Appendix K
of the CEQA Guidelines.
6. **CULTURAL RESOURCES MITIGATION-4. A fmal report will be prepared when a find is
determined to be a significant archaeological site, and/or when Native American remains are found
on the site. The final report will include background information on the completed work, a
description and list of identified resources, the disposition and curation of these resources, and
testing, other recovered information, and conclusions,
7. **NOISE MITIGATION-1: The proposed trash and recycling enclosure area shall be located as far
from adjacent residences as possible to minimize noise impacts from trash disposal and collection
activities located in the northeast corner of the North Building parking lot and completely enclosed
(walls and doors) to reduce noise impacts on nearby residences.
3
8. **AESTHETICS MITIGATION. All project outdoor lighting along the western project boundary
shall be downward directional lighting and shall not illuminate adjacent residential properties. No
flood lights or pole -mounted lights shall be allowed except in locations where they would not affect
adjacent residences.
9. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a
Building, Grading or Encroachment Permit.
10. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished
structure shall be deposited to a company which will recycle the materials. Receipts from the
company(s) accepting these materials, noting type and weight of material, shall be submitted to the
Town prior to the Town's demolition inspection.
(Development Engineering Section)
11. GRADING PERMIT: A grading permit is required for parking lot drainage, including sump pump.
A separate application for a grading permit (with grading plans) shall be made to the Development
Engineering Section of the Planning Department. The grading plans shall include final grading,
drainage, retaining wall location, driveway, utilities and interim erosion control. Unless specifically
allowed by the Director of Building 'and Engineering Services, the grading permit will be issued
concurrently with the building permit.
12. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a fee
proportional to the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be paid before
issuance of the building permit. The traffic impact mitigation fee for this project using the current
fee schedule and preliminary plans is $29,400. The final fee shall be calculated from the final plans
using the rate schedule in effect at the time of the building permit application, use a Trip Generation
4
Rate based on the Traffic Impact Study dated June 22, 1998.
13. DEDICATIONS. The following shall be dedicated by separate instrument. The dedications shall
be recorded before any permits are issued.
a. Los Gatos Boulevard. A 43-foot monument line to property line dedication, as shown on the
approved plan line for Los Gatos Boulevard, as shown by Ordinance 531 of the Town of Los
Gatos.
b. Ingress -egress Easement. A 25-foot wide ingress -egress easement, located between the eight
foot wide planting strip and the back of the parking lot stall (the front driveway area), for the
benefit of the adjacent property owners. This easement shall only be effective if the adjacent
properties are developed to a similar standard.
c. Ingress -egress and Public Service Easements. A 20.5 to 25-foot wide ingress -egress and
public service easement, along Bennett Way (a private street), from Los Gatos Boulevard to
the westerly property lines, as shown on the approved development plans, to the benefit of
the properties west of the project site.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Public Works Section)
14. **WAI'ER MITIGATION. The proposed rear parking lot shall be designed to retain surface runoff
sufficient to reduce potential flooding impacts on adjacent properties located down gradient of the
site. The parking lots retention capacity shall be subject to review and approval by the Town.
15. **TRANSPORTATION/CIRCULATION MITIGATION-2. The project sponsor shall provide a
raised island to separate Bennett Way from the proposed rear parking lot. Parking lot access shall
conform to Town zoning regulations in anticipation of future development along Bennett Way to the
west of the site.
16. GENERAL: All public improvements shall be made according to the latest adopted Town Standard
5
Drawings and the Standard Specifications for Public Works Construction. All work shall conform
to the applicable Town ordinances. Adjacent public right-of-way shall be kept clear of all job related
dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing
of goods and materials on the sidewalk and/or 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
performingthe required maintenance at the developer's expense.
17. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering
Construction 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.
18. NONPOLNT SOURCE POLLUTION PREVENTION: On -site drainage systems shall include a
filtration device in the catch basins or a grease and oil separator shall be installed.
19. UTILITIES: The developer shall install all utility service, including telephone, electric power, and
other communications lines underground, as required by Town Code §27.50.015(b).
20. **DRIVEWAY APPROACH: The developer shall install one (1) Town Standard Commercial
driveway approach. The new driveway approach shall be constructed to function like a cross street.
A "pork chop" island shall be installed to prohibit left -turns in and out of the site.
21. CURB RAMPS: The developer shall construct two (2) curb ramps according to State Standard
Drawings on both sides of the new driveway/street. The actual "Case" as shown on the standard to
be used will be decided by the Engineering Construction Inspector during the construction phase.
22. 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,
6
pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired
and replaced to a condition equal to or better than the original condition. Existing improvements 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.
23. SANITARY SEWER MAIN EXTENSION. The sanitary sewer main located in Los Gatos
Boulevard shall be extended northerly, to the project site frontage. Plans shall be reviewed and
approved by West Valley Sanitation District.
24. 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.
25. AS -BUILT PLANS: After completion of the construction of all work in the public right-of-way or
public easements, the original plans shall have all changes (change orders and field changes) clearly
marked. The "As -built" plans shall again be signed and "wet -stamped" by the engineer who prepared
the plans, attesting to the changes. The original "As -built" plans shall be reviewed and approved the
Engineering Inspector. A photo Mylar of the approved "As -built" plans shall be provided to the
TOWN before the release of the Faithful Performance Security.
26. 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.
(Building Section)
27. PERMITS REQUIRED. A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
28. CONDITIONS. The Conditions of Approval shall be stated in full on the cover sheet of construction
plan submitted for building permit.
7
29. SIZE OF PLANS: The maximorn size of construction plans submitted for building permits shall be
24 in. X 36 in.
30. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wail design recommendations shall be submitted with the
Building Permit application. This report shall be prepared by a licensed civil engineer specializing
in soils mechanics.
31. 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
32. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be blue
lined on the construction plans.
33. 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)
34. DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management
District (415) 771-6000 and complete their process as necessary before obtaining a demolition
permit from the Town Building Department. No demolition work shall be done without first
obtaining a demolition permit from the Town,
35. TITLE 24 ACCESSIBILITY -COMMERCIAL: On site parking facility shall comply with the latest
8
California Title 24 Accessibility Standards for disabled.
36. T11'LE 24 ACCESSIBILITY -COMMERCIAL: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
37. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall fully comply with the latest
California Tile 24 Accessibility Standards.
38. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The
Specification sheet (Size 24" x 36") is available at the Building Department service counter.
39. 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 0 rf icial for approval prior to issuance of the Building Permit, in accordance with UBC
Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service
Counter. The Town Special inspection schedule shall be blue lined on the construction plan.
40. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies
approval before issuance of a building permit:
a) West Valley Sanitation District 378-2407
b) Santa Clara County Fire Department: 378-4010
41. **NOISE MITIGATION-2. The proposed six-foot high masonry wall should be constructed along
the western property boundary (south of Bennett Way and if possible, north of Benn ett Way) to help
reduce construction noise at the adjacent residences.
42. **NOISE MITIGATION-3. The west walls/facades of the proposed buildings should be constructed
as early in the construction process as possible in order to buffer adjacent residences to the west.
These walls would help serve as noise barriers once they are erected.
(Parks Section)
43, TREE PROTECTION. Existing trees shall be protected prior to and during construction by
measures subject to approval by the Parks and Forestry Department.
44. NEW TREES. Newly planted trees shall be double -staked to Town standards.
45. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval
of this plan and must remain on site,
46. WAI'ER EFNICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance,
Chapter 26, Article IV of the Town Code. A review fee based on current resolution shall be paid
when the landscape, irrigation plans and water calculations are submitted for review.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
47. REQUIRED FIRE FLOW. Required fire flow is 4000 GPM at 20 psi. residual pressure.
48. AUTOMATIC FIRE SPRINKLER SYS U M REQUIRED: Buildings requiring a fire flow in excess
of 2,000 GPM shall be equipped throughout with an approved automatic fire sprinkler system. The
fire sprinkler systems shall be hydraulically designed per National Fire Protection Standard #13,
1994 Edition.
49, FINAL REQUIRED FIRE FLOW: Required fire flow may be reduced up to 50% in buildings
equipped with automatic fire sprinkler systems but, can be no less than 1500 GPM. Therefore, the
final required fire flow is 2,000 GPM at 20 psi. residual pressure. This flow shall be taken from any
two fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet,
50. PUBLIC FIRE HYDRANT(S). Provide one public fire hydrant at locations to be deterrnined jointly
by the Santa Clara County Fire Department and San Jose Water Company. Maximum hydrant
spacing shall be 500 feet and the minimum single flow hydrant shall be 1000 gallons per minute at
20 psi. residual pressure,
51. PRIVATE FIRE HYDRANT(S). Provide 1 private on -site fire hydrant(s) installed per NFPA Std.
10
#24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250
feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi residual pressure. Prior to
design, the project civil engineer shall meet with the fire department water supply officer to jointly
spot the hydrant location(s).
52. TIMING OF REQUIRED WM. ER SUPPLY INSTALLATIONS. Required Fire Hydrant and Water
Supply installations shall be in place, inspected, tested and accepted by the Fire Department prior
to the start of framing construction. Bulk construction materials may not be delivered to the
construction site until installations are completed as stated above. Clearance for building permits
may be held until installations are completed.
53. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a
paved all weather surface and a minimum width of 20 feet, vertical clearance of 13 feet 6 inches,
minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of
15-percent. Installations shall conform with Fire Department Standard Details and Specifications
A-1. (Easements may need to be recorded for North parking lot along Bennett Way).
54. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be
obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width.
Parking will be allowed along one side of the street for roadways 28-35 feet in width. Roadway
widths shall be measured face of curb to face of curb. Parking spaces are based on an 8-foot wide
space.
55. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project.
Markings shall be per fire depattnient specifications. Installation shall also conform to Local
Government Standards and Fire Department Standard A-6.
56. TIMING OF REQUIRED ROADWAY/DRIVEWAY INSTALLATIONS. The roadway/driveway
installations shall be in place, inspected, and accepted by the fire department prior to the start of
11
construction. Bulk combustible construction materials shall not be delivered to the site until the
hydrants and roadway have been accepted. Clearance for building permits may also be held until
installations are completed.
57, FIRE DEPARTMENT KEY BOX REQUIRED: Provide an approved fire department key box and
appropriate building keys. Installations shall conforin with Fire Department Standard Detail and
Specification K-1.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
58. CONSTRUCTION HOURS. Demolition and construction activities will be limited to daytime hours
of 8:00 a.m. to 8:00 p.m, on weekdays, and 9:00 a.m. to 7:00 p.rn. on weekends.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on 1/4/1999, 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 April 5, 1999. This ordinance takes effect 30 days after
it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski
NAYS: Mayor Jan Hutchins
ABSENT: None
ABSTAIN: None
SIGNED:
-MAYOR OF TFTF. TO OF-LOS GATOS
LOS G . IPORNIA
ATTEST:
CLERK OF THE TOWN O OS GA
LOS GATOS , CALIFORNIA
12
-TOWN
F LOS GATOS
Application No. D V : 9 1 -. c z- . Change of zoning map
amending the Town Zoning Ordinance.
Zone Change from R_, :t i a H . P-tl: 5-E to : F
Prezoning to
fiezmArvul-vt-eirAy Planning Commission
Approved by Town Council date
Town Clerk ' 1L:: r a
date ird P-IS
Ord. 1%
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RESOLUTION 2001- 39
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AUTHORIZING
THE MAYOR TO ACCEPT AND APPROVE
GENERAL RELEASE REGARDING PROPERTY
LOCATED AT 15089 LOS GATOS BOULEVARD
RESOLVED, that the Town of Los Gatos has determined that a General Release regarding
the property located at 15089 Los Gatos Boulevard is necessary; and,
RESOLVED, by the Town Council that the Town of Los Gatos enter in the General Release
(as outlined in Attachment 1) setting forth the complete understanding of all parties with reference
to property located at 15089 Los Gatos Boulevard; and,
FURTHER RESOLVED, by the Town. Council that the Mayor is authorized and directed
to execute the General Release on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the l6''' day of April, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS:
ABSENT:
ABSTAIN:
None
None
None
SIGNED:
ATTEST:
CLERK t F .THE TOWN OF L
LOS GATOS; CALIFORNIA
•
YOR 0 '�1.' TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
,tom:,,
GENERAL RELEASE ORD
REC
In consideration of the promises made by the TOWN OF LOS GATOS�jj uribed herein, the
1
Undersigns WILLIAM F. HIRSCHMAN and ELIZABETH K. DODS N (collectively, fhe '�
"Undersigns") hereby forever releases, waives and discharges the TOWN OF LOS GATOS, its
officers, employees, agents, successors and assigns ("Town"), and all other persons and entities, of
and from any and all claims, demands, actions, causes of action, known or unknown, suspected or
unsuspected, relating in any manner whatsoever to or arising from the dispute described as follows:
On April 5, 1999, the Town Council adopted Ordinance No. 2060 approving a PD
'(Planned Development) zoning for the property located at 15089 Los Gatos
Boulevard. Ordinance No. 2060 allows construction of two buildings. The north
building would have three floors with the second floor at ground level. The south
building has a single floor. The development as proposed and ultimately approved
was designed to accommodate a mix of both retail and office uses consistent with the
then Town General Plan and the Los Gatos Boulevard Plan. Ordinance No. 2060
states in subsection 4 of section H that "uses permitted are those specified in the CH
(Restricted Highway Commercial) zone." Section V of the Ordinance includes
within the "Official Development Plan" the eight sheets of development plans
submitted by the applicant (Exhibit B to the Ordinance), including sheet 2, detailed
floor plans of each proposed building showing retail uses located at the Los Gatos
Boulevard frontage of the ground level floors of each proposed structure.
The Undersigns entered into a lease agreement dated January 5, 2001 under which
they agreed to lease the north building for "administrative office and testing" uses for
a period of seven (7) years, with a option granted to the lessee to extend the lease an
additional five (5) years thereafter ("Lease"). On January 30, 2001, Town staff
erroneously approved tenant improvements for the north building that are
inconsistent with sheet 2 of Exhibit B of the Ordinance in that the improvements
would: only accommodate office uses on the second floor, rather than a mix of office
and retail uses. The total value of tenant improvements on all three floors of the
north building was estimated at $578,667.00,
The Undersigns believe that Ordinance No. 2060 was intended to approve any use
allowed in the CH zone without specifying which use would go into any given
location. However, on March 19, 2001, the Town Council of Town determined that
Ordinance No. 2060 requires that retail and office uses be distributed in the north acid
south buildings in a manner consistent with sheet 2 of Exhibit B of the Ordinance.
A consequence of Town's interpretation of Ordinance No. 2060 is that a part of the
use specified in the Lease shall be inconsistent with the requirement for retail uses
in certain designated areas of the north building..
The Undersigns further agree to the special considerations which follow:
Page 1 of 3
1. The Undersigns acknowledge:
A. That, in exchange for receipt of this General Release, Town shall' not enforce the
provisions of Ordinance No. 2060 requiring retail uses in the north building during
- the pendency of the Lease, including the option period:
B. That Town shall be entitled to enforce the provisions of Ordinance No. 2060
requiring retail uses in the north building in the event the Lease terminates for any
reason, or is amended to exclude from the leased premises the, area of the north
building designed for retail uses on sheet 2 of Exhibit B of the Ordinance.
C. They shall immediately inform the Town Manager of Town of the termination or
amendment of the Lease.
D. That Town shall be immediately entitled to enforce the provisions of Ordinance No.
2060 requiring retail uses in the south building.
E. That the promises made by Town and other consideration given in connection with
this General Release are the result of a compromise and settlement of disputed
claims, and shall never at any time or for any purpose be considered an admission of
error, wrongdoing, liability or responsibility on the part of Town.
2. The Undersigns agree that this General Release is intended to be a full and final compro niise,
release and settlement of all claims, demands, actions, causes of action, known or unknown,
suspected or unsuspected, relating to the above described incident and rnatters; and, as
further consideration and inducement for this compromise settlement, the undersigned
expressly waives the provisions of section 1542 of the California Civil Code, which reads
as follows:
A GENERAL RELEASE DOES NOT EX 1 END TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM
MUST HAVE MATERIALLY AFFECTED HIS SE ITLEMENT WITH THE
DEBTOR.
The Undersigns acknowledge that different or additional facts may be discovered in addition
to what they now know or believe to be true with respect of the matters herein released, and
that they agree that this General Release shall be an remain in effect in all respects as
complete and final releases of the matters released, notwithstanding any different or
additional facts.
3. The Undersigns represent that they are the sole possessors of the claims or causes of action
being released, and that they have not assigned or otherwise transferred said claims or causes
of actions.
Page 2 of 3
t,'S;Y3'vgAek.aaEY,`.e.•t2
4. The Undersigns agree that, relating to the above described incident rind matters, they will not,
at any time thereafter, coinntence, maintain or prosecute any action, at law Lir otherwise, or
assert any claim against the Town herein released and/or execute or enforce any judgment,
5. The 'Undersigns hereby authorize and direct their respective attorneys to dismiss with
prejudice any action they sntty have filed against Town concerning the dispute described
above in tl'ds General Release,
6, The Undersigns hereby acknowledge and agree that the parties to any actions ulcer and
dismissed pursuant to this General Release stialI each bear their own attorney tees and erg
in cotutcction with said lawsuit(s) and this compromise settlement and release.
7, 'the Undersigns understand and agree that this General Release sets forth the full and
complete agreement of the parties, and that no statements or representations, o titer than those
contained herein, have been made or relied upon by the Undersigns as an Inducement J"ar
cxl.ci.tting this Ganent( Release.
8. Undersigns hereby agree that this General Release shall bind and be binding upcau their heirs,
personal representatives, spouse. executors, administrators, and assigns, and shrill inun; to
the benefit of their agents, employees, servants and successors. .
9, TheUncicrssignsherebyacknowledgethattheyhavediscussedthisCentr€lRclCAsewiththeir
counsel, who has explained ibis document, arid the Undersigns hereby arknowlecigu that they
understand all of the terms and conditions oftbis General Release and that this is n total :Ind
final settlement and compromise of all claims beh'ig released.
DA'I'LD; April
2001
Accepted and approved by Town of Los
Gatos:
Approved as to form:
°AT Korb, 'Town Att
ATTEST:
MARIAN V. CLERK
William It. I:Tirschran
)
1~li .abe4'h K. Dodson
tinsel for l; ifrihcth
!'. Ilirsohmart
Inge of 3
Project Description
15055 & 15075 Los Gatos Boulevard
4 Lufj
TOWN Of LO.; GATOS
PLANNING DIVISION
The subject application is for the property located at 15055 and 15075 Los Gatos Boulevard, The existing
project consists of two buildings located on a 1.594 acre (69,435 sq ft) parcel of land that were
constructed in 2000. The larger building at 15055 Los Gatos Blvd (Bldg A) is a 21,848 sq. ft. (occupied
space) three story building with two stories fronting Los Gatos Boulevard and a three story facade faces
the rear parking lot side of the property. The building at 15075 Los Gatos Blvd (Bldg B) is a 4,839 sq ft
single story building constructed over a concrete parking garage structure that includes fourteen
covered parking spaces. The property is zoned CH-PD and has 114 onsite parking spaces.
The purpose of this application is to request Town approval to allow the property and buildings to
become a condominium development providing for separate title ownership of eleven (11)
condominium units within the two building structures. The application provides for a total of eight (8)
units in Bldg A and three units in Bldg B, total of eleven (11). The application is not requesting any
building or site modifications, nor will the physical appearance of the buildings change. The request is
simply to modify and allow the buildings to be separated and owned as commercial condominiums with
the common areas, site and parking to be owned and operated by the joint owners. An owners
association (HOA) will be established and covenants, conditions, and restrictions (CC&R's) will be
prepared providing for the ownership and maintenance of the common areas of the property.
The application is requesting that all uses consistent with the uses permitted within the CH zoning
district subject to all applicable Town requirements be allowed with no specific use restrictions as it
applies to the buildings and unit location within the buildings. This is consistent with all other buildings
along Los Gatos Boulevard in the adjacent area of this project.
EXHIBIT 6
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I 50 55 4-&
1
RECE! ED
TOWN OF LOB GATOS
PLANNING DIVISION
�-;�,
v��
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2060
AT 15055 AND 15075 LOS GATOS BOULEVARD (APN: 424-07-096)
TO ALLOW COMMERCIAL CONDOMINIUMS AND MODIFY PERMITTED USES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Uses and Improvements Authorized
The uses authorized by Ordinance 2060 are hereby amended to permit:
1. Eleven commercial condominiums;
2. Two commercial buildings consisting of at least 8,903 square feet of retail, those
uses specified in the underlying CH (Restricted Highway Commercial) zone by
Sections 29.60.420 of the Town Code (Permitted Uses), and those uses specified
29.20.185 of the Town Code (Conditional Uses), as those sections exist at the
time of the adoption of this Ordinance, or as they may be amended in the future,
subject to any restrictions or other requirements specified elsewhere in this
ordinance including, but not limited to, the Official Development Plan. However,
no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit; and
3. Ordinance No 2060 is still valid in conjunction with the amendments made by this
ordinance.
EXHIBIT 8
SECTION II
Official Development Plan
Performance Standards of Ordinance No. 2060 are hereby amended to incorporate
commercial condominiums and modify permitted uses. All other performance standards in
Ordinance 2060 are still valid. The following Performance Standards must be complied with
before any issuance of tenant improvement or Certificate of Use and Occupancy permits:
TO Tt-t E SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. TENTATIVE MAP. A separate subdivision application shall be required for the
condominiums. The Development Review Committee may be the deciding body of the
tentative map.
2. RETAIL USE. A minimum of 5,024 square feet in the south building and 3,879 square
feet in the north building shall be dedicated to retail use. Retail use may include a
restaurant use provided a Conditional Use Permit is approved. Temporary exception for
the south building is approved and regulated pursuant to Resolution 2001-39.
3. DEED RESTRICTION FOR RETAIL USE SPACE. Prior to the recordation of the map,
and prior to the issue of any tenant improvement permits or Certificate of Use and
Occupancy permits, deed restrictions shall be prepared by the Town and recorded by the
property owner, at the applicant's expense, with the Santa Clara County Recorder's
office, specifying the retail requirements noted above in the Retail Use performance
standard.
2
4. SIGN PERMIT. A Sign Permit from the Los Gatos Community Development
Depalent must be obtained prior to any changes to existing signs or installation of new
signs.
5. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to any
new or change of use.
6. BUSINESS LICENSE. A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
7. COMMUNITY BENEFIT. The applicant has offered the following community benefit
to offset traffic impacts created by the proposed project: to be determined. The
community benefit shall be submitted to the Town prior to final occupancy.
(Building Division)
8. PERMITS REQUIRED. If any tenant improvement work is necessary, a building permit
shall be required. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
9. PERFORMANCE STANDARDS. The Performance Standards must be blue -lined in full
on the cover sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the
Performance Standards will be addressed.
10. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
11. CONDOMINIUM UNIT ADDRESSES. If new individual condominium addresses will
be requested, please make application for addresses prior to map recordation.
3
12. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage at 399-5702
b. Engineering/Parks & Public Works Department: Trang Tu-Nguyen at 354-5236
c. Santa Clara County Fire Department: (408) 378-4010
TO '1'HE SATISFACTION OF TIIE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13. FINAL MAP. A final map shall be recorded. Two copies of the final / parcel map shall
be submitted to the Engineering Division of the Parks & Public Works Depattiuent for
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
14. 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 the final/parcel map.
15. CC&R. A copy of the CC&R shall be submitted for review and approval by the Town
Attorney and Planning Director/Town Engineer prior to final/parcel map recordation.
16. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plan
capacity fees shall be paid either immediately prior to the recordation of any subdivision
maps with respect to the subject property or properties, 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 map recordation.
4
17. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
fee proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The fee is currently estimated at $41,120.70. The fee shall be paid before the
building permit is issued. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time of the building permit application, using a trip
generation rate based on use.
18. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
TO THF, SATISFACTION OF THE TOWN ATTORNEY
19. 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.
5
SECTION III
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 effect 30 days after it
is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
6
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EXHIBIT 9
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