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10 - 15400 Los Gatos BoulevardMEETING DATE: 11/7/11 ITEM NO: , Q COUNCIL AGENDA REPORT DATE: October 21, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: INTRODUCTION OF AN ORDINANCE FOR PLANNED DEVELOPMENT APPLICATION PD-11-004. PROJECT LOCATION: 15400 LOS GATOS BOULEVARD. PROPERTY OWNER/APPLICANT: SHP NEWARK, LLC. CONSIDER A REQUEST FOR APPROVAL TO MODIFY THE EXISTING PLANNED DEVELOPMENT ORDINANCE TO REMOVE THE REQUIREMENT THAT 8,500 SQUARE FEET OF THE GROUND FLOOR SPACE MUST BE RETAIL OR RESTAURANT ON PROPERTY ZONED CH:PD. APN 424-15-045. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the Town Council: 1. Accept the report of the Planning Commission's recommendation in the form of meeting minutes (Attachment 3); and 2. Adopt the Resolution to deny Planned Development Application PD-11-004 (Attachment 7) (motion required); and ALTERNATIVES: Instead of the aforementioned actions, the Council may: • Make the required findings supporting the zone change amendment (Attachment 4) and approve the application to remove the requirement that 8,500 square feet of the ground floor must be retail or restaurant subject to the performance standards included in the Planned Development Ordinance (Attachment 5) (motion required); and ® Move to waive the reading of the zone change Ordinance (motion required); and • Direct to the Clerk to read the title of the zone change Ordinance; and PREPARED BY: 'Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Finance N:\DEV\TC REPORTS\2011 \15400LGB.doc Refonnatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 15400 Los Gatos Boulevard/PD-11-004 October 21, 2011 • Move to introduce the Ordinance to effectuate the zone change (motion required); or • Approve the application subject to recommended, modified, or additional performance standards (motion required); or • Continue the project to a date certain with specific direction (motion required). BACKGROUND: The existing 2.03 acre site is located on the southeast corner of the intersection of Los Gatos Boulevard and Gateway Drive. The site was most recently occupied by Swanson Ford and Hertz Rental Car. Prior to that, the site was occupied by McHugh Lincoln Mercury. On June 1, 2009, the Town Council certified a Mitigated Negative Declaration, adopted the Mitigation Monitoring and Reporting Program, and introduced a PlannedDevelopmentOrdinance for this site. The Town Council adopted Planned Development (PD) Ordinance 2175 (Exhibit 4) for this site on June 15, 2009, for a 40,000 square foot, two story building, with at grade and below grade parking. The Town Council's adoption of Ordinance 2175 included the following provision: The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard. DISCUSSION: A. Project Summary The applicant is requesting approval of the following: A modification of the existing PD, Ordinance 2175, to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. Please see Attachment 2 for additional information regarding the proposed project. B. Planning Commission On September 28, 2011, the Planning Commission considered the subject application and recommended denial of the Planned Development amendment on the basis that this is a policy issue since the Town Council placed this requirement on the Planned Development. See Attachment 3 for the Commission's full discussion. PUBLIC COMMENTS: Please see the Desk Item to the Planning Commission (Attachment 2) which includes a letter from a concerned citizen. Additionally, one neighbor spoke at the Planning Commission hearing and their comments are included in the verbatim minutes (Attachment 3). Finally, one written communication was received after the Planning Commission took action on this item (Attachment 8). PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 15400 Los Gatos Boulevard/PD-11-004 October 21, 2011 CONCLUSION: Since the economic recession, the lending environment has been challenging for developers. Speculative mixed -use office/retail developments have not been successful in obtaining financing. Generally, financing for this mix of uses will not occur unless the developer has a specified user(s). Additionally, there has not been enough market evidence of service orientated office users, such as architects, engineers, accountants, and the like, that will commit to financing the construction of an office building and most developers will not and cannot build a spec building primarily due to the lack of support from lenders. Although the requested change to the existing Planned Development proposed by the applicant complies with the uses of the underlying CH zoning designation, based on the previous Town Council action, the Planning Commission did not support the requested change to the existing Planned Development. Staff previously recommended soft approval to the Planning Commission for the following reasons: • The applicant's proposal involves an item that was specifically required by the Town Council in their approval of the existing Ordinance; • The property owner is working with a single tenant office user that is interested in the entire building on this site; © The modification does not restrict the possibility of retail and/or restaurant use in the future; • The modification will allow flexibility and more options for the property to be developed which will improve the aesthetics of the currently vacant property; and • Not allowing the requested flexibility may lead to this property remaining vacant for the foreseeable future. If the Town Council finds merit with the applicant's proposal, a revised PD Ordinance has been prepared for the Council's consideration (Exhibit 5) reflecting the applicant's request. Staff also offers the following additional modification option for the Councils' consideration and discussion (new wording double underlined): • Modify page 1, Section II, paragraph 3, of Attachment 5 to read as follows: Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.60.420 (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, 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. The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard, unless a single tenant office user occupies the entire building. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 15400 Los Gatos Boulevard/PD-11-004 October 21, 2011 Should the Council determine that this is a more reasonable solution, staff has included a revised page 1 of Attachment 5 reflecting this modification (Attachment 6). CEQA DETERMINATION: An Initial Study and Mitigated Negative Declaration were previously prepared for PD Ordinance 2175. The MND was certified by the Town Council on June 15, 2009. No further environmental analysis is required for the proposed PD amendment. ATTACHMENTS: Attachments 1 — 3 previously distributed 1. Report to the Planning Commission for the meeting of September 28, 2011 2. Desk Item Report to Planning Commission for the meeting of September 28, 2011 3. Verbatim minutes from the September 28, 2011, Planning Commission hearing 4. Required findings (1 page) 5. Draft Planned Development Ordinance (18 pages), with rezoning map (Exhibit A, one page) (without previously approved development plans) 6. Revised Page 1 of Attachment 5 (1 page) 7. Resolution denying the Planned Development amendment (3 pages) 8. Written communication from the public (1 page) cc: SHP Newark LLC, 203 Redwood Shores Parkway, Suite 200, Redwood City, CA 94065 WR:JP:et N:\DEV\TC REPORTS\2011\15400LGB.doc TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: September 28, 2011 PREPARED BY: APPLICATION NO: LOCATION: PROPERTY OWNER/ APPLICANT: APPLICATION SUMMARY: Joel Paulson, MCP Senior Planner Planned Development PD-11-004 ITEM NO: 2 15400 Los Gatos Boulevard. (Located on the southeast corner of Los Gatos Boulevard and Gateway Drive) SHP Newark LLC Requesting approval to modify the existing Planned Development (CH:PD) to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration was previously adopted. APN 424-15-045. RECOMMENDATION: Soft approval. PROJECT DATA: CEQA: General Plan Designation: Zoning Designation: Applicable Plans & Standards: Parcel Size: Surrounding Area: Mixed Use Commercial Restricted Highway Commercial with a Planned Development overlay (CH:PD) General Plan 2.03 acres Existing Land Use General Plan Zoning C-1 North Commercial Mixed Use Commercial East South West Residential Commercial Commercial Medium Density Residential Mixed Use Commercial Mixed Use Commercial RM:5-12 CH CH An Initial Study and Mitigated Negative Declaration were previously prepared for Planned Development Ordinance 2175. The MND was certified by the Town Council on June 15, 2009. No further environmental analysis is required for the proposed Planned Development ordinance amendment. Attachment 1 Planning Commission Staff Report - Page 2 15400 Los Gatos Boulevard/PD-11-004 September 28, 2011 FINDINGS: ACTION: EXHIBITS: im The Planning Commission must make a finding that the Planned ''Development Ordinance amendment is consistent with the General Plan if their recommendation is for approval. Provide a recommendation to Town Council regarding the proposed Planned Development amendment. 1. Location Map 2. Required findings (one page) 3. Letter of Justification from the applicant (three pages) 4. Planned Development Ordinance 2175 (19 pages), with zoning map (Exhibit A, one page) (without previously approved development plans) 5. Draft Planned Development Ordinance (18 pages), with rezoning map (Exhibit A, one page) (without previously approved development plans) BACKGROUND: The existing 2.03 acre site is located on the southeast corner of the intersection of Los Gatos Boulevard and Gateway Drive. The site was most recently occupied by Swanson Ford and Hertz Rental Car. Prior to that, the site was occupied by McHugh Lincoln Mercury. On March 25, 2009, the Planning Commission considered the application. During the public testimony and Commission discussion, concerns were raised regarding the proposed project. As a result, the Commission continued the matter with the following direction: • Redesign the proposed project to reduce the mass and scale. One option to consider would be moving the single story element of the proposed building to the southern edge of the property, however, other options may be acceptable; and • Consider alternative or additional Community Benefit. Following the March 25, 2009, Planning Commission meeting, the applicant provided two additional options to address the Commission's direction. On May 13, 2009, the Planning Commission considered the revised proposal. During the public testimony and Commission discussion, concerns were raised regarding the proposed project. As a result, the Commission recommended denial of the proposed project for the following reasons: • It is not consistent with the General Plan and the Los Gatos Boulevard Plan because it has significant impacts on the views to the hillside caused by the mass and scale of the proposed building. Planning Commission Staff Report - Page 3 15400 Los Gatos Boulevard/PD-11-004 September 28, 2011 On June 1, 2009, the Town Council certified a Mitigated Negative Declaration, adopted the Mitigation Monitoring and Reporting Program, and introduced a Planned Development Ordinance for this site. The Town Council adopted Planned Development (PD) Ordinance 2175 (Exhibit 4) for this site on June 15, 2009, for a 40,000 square foot, two story building, with at grade and below grade parking. The Town Council's adoption of Ordinance 2175 included the following provision: The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard. PROJECT DESCRIPTION: A. Project Summary The applicant is requesting approval of the following: A modification of the existing PD, Ordinance 2175, to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. The applicant has submitted a Letter of Justification/Written Description detailing their request (Exhibit 3). B. Planned Development Compliance The property is governed by PD Ordinance 2175 as opposed to the Zoning Ordinance. The Planned Development Ordinance, specifies allowable uses and includes dimensional criteria such as setbacks and height limitations. The PD Ordinance must be amended to allow the removal of the requirement that 8,500 square feet of the ground floor must be retail or restaurant. ANALYSIS: A. Uses During the previous approval process for PD Ordinance 2175 the applicant considered a mix of the following potential uses: office (medical and/or professional); retail; and up to 10,000 square feet for restaurant. However, the applicant did not want to be limited to specific uses. All of these uses are permitted by Town Code with the exception of restaurant uses, which would require a Conditional Use Permit. However, the Town Council included a requirement that 8,500 square feet of the ground floor be retail or restaurant as part of the approval of the existing Planned Development. Planning Commission Staff Report - Page 4 15400 Los Gatos Boulevard/PD-11-004 September 28, 2011 In Exhibit 3, the applicant outlines the reasons for their current request. Those reasons are summarized as follows: • No interest from retail community over the last three years; • A single tenant medical office user is interested in the entire building; and • Approval of this modification will allow the property owner to construct the project. CEQA DETERMINATION: An Initial Study and Mitigated Negative Declaration were previously prepared for PD Ordinance 2175. The MND was certified by the Town Council on June 15, 2009. No further environmental analysis is required for the proposed PD amendment. CONCLUSION / RECOMMENDATION: A. Conclusion Staff believes there is support for the applicant's request for the following reasons: • The modification does not restrict the possibility of retail and/or restaurant use in the future; • The modification will allow the property to be developed which will improve the aesthetics of the currently vacant property; and • Not allowing the requested flexibility may lead to this property remaining vacant for the foreseeable future. Since the economic recession, the lending environment has been challenging for developers. Speculative mixed -use office/retail developments have not been successful in obtaining financing. Generally, financing for this mix of uses will not occur unless the developer has a specified user(s). Additionally, there has not been enough market evidence of service orientated office users, such as architects, engineers, accountants, and the like, that will commit to financing the construction of an office building and most developers will not and cannot build a spec building primarily due to the lack of support from lenders. However, the property owner does have a single tenant office user that is interested in the entire building on this site, which would eliminate the mixed use component required for the site. Therefore, staff recommends that the Planning Commission forward a recommendation of approval of the PD Ordinance amendment to the Town Council, as outlined in the recommendation section below. Staff has recommended a soft approval since the applicant's proposal involves an item that was specifically required by the Town Council in their approval of Ordinance 2175. A revised PD Ordinance has been prepared for the Commission's consideration (Exhibit 5). Planning Commission Staff Report - Page 5 15400 Los Gatos Boulevard/PD-11-004 September 28, 2011 B. Recommendation If the Commission finds merit with the applicant's request, they should take the following actions: 1. Find that the Planned Development Ordinance amendment is consistent with the General Plan (Exhibit 2); and 2. Forward a recommendation for approval of the Draft Planned Development Ordinance (Exhibit 5) to the Town Council. . Alternatively, the Commission can: 1. Forward a recommendation for denial of the Draft Planned Development Ordinance to the Town Council; or 2. Continue the matter to a date certain with specific direction. Prepaid by: Joel Paulson Senior Planner /®Cry Approved by: Wendie R. Rooney Director of Community Development WR:SLB:JP:ct cc: SHP Newark LLC, 203 Redwood Shores Parkway, Suite 200, Redwood City, CA 94065 N:\DEV\PC REPORTS\2011\15400LGB.doc This Page Intentionally Left Blank fl 15400 Los Gatos Boulevard EXHIBIT 1 This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 15-400 Los Gatos Boulevard Planned Development Application PD-11-004 Requesting approval to modify the existing Planned Development (CH:PD) to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration was previously adopted. APN 424-15-045. PROPERTY OWNER/APPLICANT: SHP Newark LLC FINDINGS: Required consistency with the Town General Plan: ® That the Planned Development Ordinance amendment is internally consistent with the General Plan and its Elements. N:\DEV\FINDINGS\201 I\15400LGB AMENDMENT.DOC EXHIBIT 2 This Page Intentionally Left Blank 15400 Los Gatos Boulevard Project Description Project Description 15400 Los Gatos Boulevard ("Project") is a fully approved two story project entailing a 40,000 square foot building with on grade and underground parking. The building is designed to comply with all of the requirements of the CH zone district and provides the requisite parking. The current conditions of approval require an inclusion of 8,500 square feet of retail on the first floor of the building. The requested PD Amendment proposes an option to allow for an office -only project. Granting the PD Amendment will enable the project sponsor to build the project for a medical tenant who will occupy the entire building. Tenant Demand The project sponsor has actively marketed the Project for over three years. The project sponsor hired three commercial real estate brokers to market the project to the office and retail communities. During this time, the project sponsor received no interest from the retail community; one ingress and egress along Los Gatos Blvd with no access on Gateway Blvd impairs accessibility and diminishes sales forecasts. The project sponsor has identified a medical tenant with a building requirement of 40,000 square feet. The project sponsor has pursued this potential tenant vigorously. The tenant is a world -class, established medical operator and will utilize the facility as a medical office building. Because of the medical use, the tenant is not compatible with the retail use requirement as a condition of the approval. Requested Action The project sponsor requests to amend a previously approved PD zoning which allow a 40,000 square feet office/medical space and retail or restaurant uses with a minimum of 8,500 square feet of retail or restaurant use on the first floor to a 40,000 square feet of office/medical, retail/restaurant uses eliminating the requirements of any minimum retail/restaurant square footage within the project. Town Benefits Building 15400 Los Gatos Blvd for such a highly respected medical operator serves the community on several fronts. First, the medical operator will service the local community with additional medical services not currently available in town. Second, the project will stimulate development on Los Gatos Boulevard and encourage connectivity to the adjacent parcels and uses. Third, the tenant will encourage other high quality tenants to locate and operate in Los Gatos. In effect, this project will signal to the community that Los Gatos is "open for business." Parking The project includes a total of 197 parking stalls located in a surface lot, and one level of underground parking. This number of spaces is sufficient to accommodate any 1 EXHIBIT 3 combination of the uses as described in the existing conditions of approval and an all office project. Medical offices require 6 spaces per doctor. Because the building location is ideally suited for a medical office clinic, where doctors often share common facilities, sufficient parking has been provided to accommodate doctors, employees, and patients. CH Zone District The proposed project complies with all development requirements of the CH Zone District including all setbacks, height, and lot coverage. In addition, the proposed use are consistent with the permitted and conditional uses allowed in the zone district and with those found in the immediate commercial district on Los Gatos Boulevard. The project also complies with the intent of the zone district by providing commercial uses that are intended for vehicular -oriented activities and sales which do not unreasonably interfere with nearby residential uses. General Plan The project also complies with the intent of the Los Gatos General Plan as follows: Office - Commercial Land Use The project and proposed PD Amendment complies with the Commercial land use designation which was established to promote office. It also provides a small town, residential design that is oriented to Los Gatos Boulevard. The Gateway Drive frontage is treated as a transition from the commercial district and residential neighborhood to the east. The frontage along Carlton Avenue includes a solid wall and a substantial landscape screen to provide a proper buffer to the residential uses across the street. Community Design Element The'design and intended uses of the office project are consistent with the Following Policies, as described further in the Los Gatos Boulevard Section below: CD.P.1.2; CD.P.1.5; CD.P.1.7; CD.P.1.8; CD.P.1.9; CD.P.1.10; CD.P.1.14; CD.P.1.15; CD.P.1.16; CD.P.1.17; CD.P.1.19; CD.P.1.22; CD.P.1.25; CD.P.1.26; CD.P.1.27 Commercial Design Guidelines The project complies with the Los Gatos Boulevard Plan and the policies of the General Plan by doing the following: Vision Statement • Preserve and protect the essence of Los Gatos' history, individuality, character, and natural environment. • Promote commercial activity that complements the whole Town. Provide a dependable source of income, employment opportunities, goods and services. • Provide for attractive, easy and effective access to, from and through the Boulevard. 2 ® Provide effective links and interfaces between neighborhoods and commercial areas. Nodes • Encourage pedestrian activity and movements across Los Gatos Boulevard at key points along the Boulevard. • Establish the perception of Los Gatos Boulevard as people -friendly. • Connect, improve and unify the streetscape on both sides of Los Gatos. m Establish focal points on private and public property along Los Gatos Boulevard. Land Use • Promote commercial activity that complements the whole Town. • Encourage a mixture of uses along Los Gatos Boulevard that are compatible with surrounding uses. • Provide a transition from higher density uses at the north end of Los Gatos Boulevard to existing residential uses at the south end of the Los Gatos Boulevard. Private Improvements • Preserve and protect the Town's scenic beauty through careful planning. • Encourage site and building design that is particularly suited to the site and contributes to the Town's unique character, natural beauty and openness. ® Ensure new development will enhance the use, enjoyment and value of neighboring residential and commercial property. o Encourage a compatible relationship between proposed and existing development. © New development must be designed to minimize adverse impacts upon adjacent residential areas. 3 This Page Intentionally Left Blank ORDINANCE 2175 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH:PD FOR PROPERTY AT 15400 LOS GATOS BOULEVARD (APN 424-15-045) 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 on property at 15400 Los Gatos Boulevard (Santa Clara County. Assessor Parcel Numbers 424-15-045) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted Highway Commercial) to CH:PD (Restricted Highway Commercial, Planned Development), SECTION II The PD (Planned Development Overlay) zone established by this- Ordinance authorizes the following: 1. Construction of a 40,000 square foot two story commercial building. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan. 3, Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone 'by Sections 29.60.420 (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, subject td 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, The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard. Page 1 of 19 Exhibit 4 SECTION III 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 construction and site improvement construction work 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 Town Code, SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliancewith the -plans approved and;noted as. Attachment 9 of the report to the Town Council for the June 1, 2009 meeting. Anychanges or modifications made to the' approved .plans ;shall be .approved by the Director .of Community Development, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 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, and may be secured Page 2 of 19 • to the satisfaction of the Town Attorney. 3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval ( is required for the proposed building, parking lot improvements, and other site improvements. The Development Review Committee shall be the deciding body for the Architecture and Site application. 4. •EIGHT: The height of the structure shall not exceed 35 feet. 5, REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet. 6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit Assessment District for Los Gatos Boulevard should one be created by Town Council. 7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days of the adoption of this ordinance. 8. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit, 9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1; All recommendations made by ( Arbor Resources shall be implemented to eliminate or minimize the construction -related impacts _ _ on the trees to be retained. Refer to the report prepared by Arbor Resources dated March 20, 2008for details. 10. *CULTURAL RESOURCES MITIGATION MEASURE # 1: Construction personnel involved in earth moving shall be alerted to the potential for discovery of prehistoric materials and in particular, concentrations of historic artifacts. Prehistoric archaeological resources could include but not be limited to the following: darker than surrounding soils of a friable nature, concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire alerted earth or rock) and of course, burials, both human and animal. 11. *CULTURAL, RESOURCES MITIGATION MEASURE #2: In the event that archaeological traces are encountered, all construction within a 20-foot radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. Page 3 of 19 12, *CULTURAL RESOURCES MITIGATION MEASURE #3: In the event that it appears further earthmoving will affect a resource eligible for the California Register of Historic Resources (C ' ), a plan for evaluation of the resource through limited hand excavation should be • submitted to the Town's Community Development Department for approval. If evaluative testing demonstrates that the project will affect a CRHR eligible resource, a plan for the mitigation of impacts to the resource should be submitted to the Community Development Department for approval before construction is allowed inside the zone designated as archaeologically sensitive, 13, *CULTURAL RESOURCES MITIGATION MEASURE #4: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and, after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e), If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Coinmunity Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 14, *CULTURAL RESOURCES MITIGATION MEASURE #5: A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site, The final report will include background information on the cornpleted work,. a description and list ofidentified resources.,.The disposition and curation,of these resources, any testing, other recovered information, and conclusions. 15. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations .of the geotechnical report by CEG in July 31, 2008 shall be incorporated in the final construction plans for the proposed project. These recommendations address site preparation, earthwork operations, drairiage, and foundations. 16, *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project applicant and/or Town shall prepare a management plan to identify all suspected hazardous materials and specify applicable regulations that would determine appropriate handling and disposal of these materials.. For suspected hazardous materials (contaminated soil and Page 4 of 19 groundwater) that may be encountered during construction, the management plan shall include contingency plans for site safety, workerproteetion, sampling and investigation, and disposal and remediation; these shall be based on soil and groundwater sampling and testing that have been completed to date. The management plan shall be filed with the Town of Los Gatos and allother jurisdictional agencies prior to issuance of .the demolition and grading permits, 17. *FIAZARDS.AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If groundwater is encountered during project construction and dewatering is required, the project applicant shall undertake sampling and testing of the encountered groundwater in accordance with the contingency sampling and investigation plan as specified in Measure 1115, If groundwater is found to contain contaminants that exceed regulatory action levels, it may not be discharged into the existing storm drainage system. Removal and handling of the contaminated groundwater shall be done in a. manner acceptable to the RWQCB, the Town, and other jurisdictional agencies. 18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building permit and/or final subdivision map detailing how the Conditions of Approval will be addressed. Building Division 19. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: A state certified lead -based paint professional shall be retained to perform a lead -based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead -based paint prior to demolition of the structures. 20. PERMITS REQUIRED: A building permit shall be required for the new commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 21. CONDITIONS OF APPROVAL: The Conditions of Approval 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 Conditions of Approval will be addressed, 22. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." Page 5 of 19 23, DEMOLITION REQULREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once .the demolition forrn has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Department Service Counter with the ,T# Certificate, PG&E verification, and three(3) sets of site plans to include, all existing structures, existing utility service lines such as, water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town, 24, STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and/or house numbers/suite numbers to the Building Division prior to submitting for thebuilding permit application process. 25. SOILS REPORT: A soils report, prepared to the satisfacticn of the, Building Officialicontaining foundation and retaining wall design recommendations, shall be submitted with the building permit application. This reporf shall be prepared by a licensed civil engineer specializing in soils mechanics. California Building Chapter 18. 26. SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to Cal/OSHA regulations, 27. BACKWAIER VALVE: The scope of this project may require the installation of .a sanitary sewer backwater valve per Town Ordinance 6.50.025, Please provide informationibn theLp,lans if a backwater valve is required and the location of the installation, The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 28, TOWN FIREPLACE STANDARDS: New wood burniriffirePlaleSe-Shall be ai EPA Phase II approved appliance as per Town Ordinance 1905, Tree limbs shall be cut within 10-feet of chimneys, 29. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Page 6 of 19 Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building, 30. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 32. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Joel Paulson at (408) 354-6879 b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460 c, Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e, Local School District:. The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771-6000 33, TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24 Accessibility Standards. 34. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378-2408 b. Environmental Health Department: (408) 885-4200 c. Town Public Works Department: (408) 399-7530 35. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land Page 7of19 surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, 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. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 36. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The southbound left- -Lim lane at Los Gatos Boulevard/Village Square intersection shall be extended to arninimum of 200 feet to accommodate the•potential queue from project related left -turn movements. 37, *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2: The applicant shall contribute to the addition of a second eastbound left -turn lane at the Los Gatos Boulevard/Blossom Hill Road intersection for its incremental share of impact as determined by • the Town Engineer. 38. 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 Director of Parks and Public Works, 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 on E. Main Street is needed ;forgrading within the building footprint. 39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the Page 8 of 19 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. 40. 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 constructionmatters; 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. 41. 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. 42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. A geotechnical review to determine the potential for fault ground rupture is required. Geotechnical Engineer must review and submit a report on the mapped faults in the area of the project and evaluate the potential for fault ground rupture and seismically induced liquefaction. 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. 43. SOILS REVIEW. Prior to issuance of any 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. 44. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Page 9 of 19 Plans for those 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 map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be :issued. 45. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) Traffic study .is required. 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 applications are made. The fee shall be paidbefore the building permit is issued. The traffic impact mitigation fee for this project, using the current fee: schedule and the preliminary plans is $1.84,63 3.00, The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. 46. LOS GATOS BOULEVARD/GATEWAY DRIVE IMPROVEMENTS: Replace existing non - LED signals with LED signals. Replace existing 8-inch signal heads with 12-inch signal heads. Replace existing pedestrian signal heads.with.LED pedestrian countdown heads. Replace non- ADA pedestrian push buttons with ADA compliant push buttons. Install video detection for • northbound and southbound Los Gatos Boulevard. Replace existing safety lighting fixture. with LED lighting fixture. Construct an ADA. wheelchairramp at the project corner of the intersection 47. LOS GATOS BOULEVARD/VILLAGE SQUARE SHOPPING CENTER IMPROVEMENTS: Extend the southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping Center to a total length of 220 feet of storage plus an 80-foot transition. Install a video detection for the extended left -turn pocket. 48. LOS GATOS BOULEVARD/BLOSSOM HILL ROAD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall contribute toward the future construction of a second left - turn lane for eastbound Blossom Hill Road, Actual contribution will be calculated at the time of building permit application. 49. LARK AVENUE/LOS GATOS BOULEVARD MITIGATION FEE: Prior to issuance of a Page 10 of 19 Building Permit, the developer shall pay a proportional share of the project specific intersection mitigation costs. Actual cost will calculated at the time of building permit application. 50, IMPROVEMENTS.: Install a pedestrian crosswalk on the. west leg of the Gateway/Carlton intersection. 51, IMPROVEMENTS: Bicycle Parking Facilities. Install bicycle parking facilities on -site per VTA's requirement. 52. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The 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 'nay result in the Town performing the required maintenance at the, developer's expense, 53. 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. 54. 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, 55, 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 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 Page 11 of 19 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 Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 56. 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 aleas'atconstruction 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 rminimize the effects 'of blowing dust. All public streets soiled or littered due to this construction activity shallbe 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. 57. 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). 58, SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 59, NPDES. On -site drainage systems shall include a filtration device such as a bio-swale or permeable: pavement.. 60, STORM WATER MANAGEMENT PLAN, A storm water management shall be included with Page 12 of'19 the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C,3.d, of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit No. CAS029718. 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 Planning approval differ significantly .from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 61, AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS, The property owner 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 No. CAS029718 and modified by Order No, R2-2005-0035, The agreement will specify that certain routine maintenance shall be performed by the property owner 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, 62. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home 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. 6.3, UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit .shall be provided for cable television service. 64. 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. Page 13 of 19 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. 65, 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 deteriined bythe EngineeringConstruction Inspector during the construction phase of the project. 66. 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. 67. DRIVEWAY APPROACH, : The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. 68. CURB RAMPS, The developer shall construct one (1) curb ramp(s) according to State Standard Drawings at the crosswalk at Los Gatos Blvd. and Gateway Drive. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construotioninspector during -"the construction phase of the project. 69. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080.. 70. SANITARY SEWER. LATERAL. Sanitary sewer laterals are televised by - West Valley Sanitation District and approvedby the Taft `of Los-Gatosbefore they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 71. SANITARY SEWER BACKWATER VALVE. Drainage, piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 nun) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or privatesewer system serving such Page 14of19 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. 72. OUTDOOR TRASH ENCLOSURES, Outdoor trash enclosures shall be covered. Provide a sanitary sewer connection to the trash enclosure if a restaurant is proposed. 73. 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. 74. CONSTRUCTION NOISE. Between the hours .of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, p p rty, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level 'at any point outside of the property plane shall not exceed eighty-five (85) dBA. 75. 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. 76. 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: Page 15 of 19 j a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. 77. HAULING OF SOIL. Hauling of soil on'or oft`Lsitesl all 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. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard, TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. REQUIRED FIRE FLOW: The fire flow for this project is 7,500 gpm at 20 psi residual pressure. As an, automatic fire sprinlder systemwill be installed; the fire flow has been reduced by 75% establishin an adjusted fire flow of 1,875 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced -at the required spacing. 79. AUTOMATIC FIRE SPRINKLERS.; ApprQved.automatic fire sprinklers all news. and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. A State: of California licensed (C-16) Fire Protection Contractorshall submit plans, calculations, a completed permit application: and appropriate fees to this department for review and approval prior to beginning their work. 80, PUBLICFIRE HYDRANT(S):' Provide 3 public fire'hydrant(s) at locations) to be determined jointly by the Fire :Department and San Jose Water Company. Maximum fire hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,875 .gpm at 20 psi residual pressure. If area fire hydrant(s) exist, reflect their location on the civil drawings included with the building permit submittal. Page 16of19 81. PRIVATE ON -SITE FIRE HYDRANT: Provide one on -site fire hydrant installed per NFPA Standard 424, at a location to be determined by the Fire Department. Maximum hydrant spacing shall .be 250 feet, with as minimum acceptable flow of 1,875 gpm at 20 psi residual pressure. Prior to design, the civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant location. 82. ON -SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANT: Installation of private fire service mains and/or fire hydrants shall conform to Mational Fire Protection Association Standard #24 and Fire Department Standard and Details and Specifications W-2. If the supply piping is "combined" (sprinkler system and hydrants), a U.L. approved 4-way FDC shall be provided. A separate installation permit from the fire department is required. 83. HOSE VALVES/STANDPIPES: Buildings 3 stories or more in height or where emergency access has been deemed minimal shall be equipped with standpipes designed per NFPA Standard #14 and be equipped with '2 %" hose valves located within the stair enclosure(s), specifically within parking structures at stairwells. 84. FIRE APPARATUS ACCESS: Provide access roadwayswith apaved all-weather surface with a minimum unobstructed 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%. For installation guidelines refer to Fire Department Standard Detail and Specifications sheet A-1. Identify all required dimensions on the site access plans. 85. FIRE LANE MARKING: Provide marking for all roadways Within the project. Installations shall also conform with Local Government Standards and Fire Department Standard Details and Specifications A-6, 86. ACCESS: Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically an approved Knox key switch shall be installed; if they are operated manually then an approved Knox padlock shall be installed. 87, EMERGENCY GATE/ACCESS GATE: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Page 17 of 19 88. COMMUNITY BENEFIT: Applicant shall install improvements identifiec. as the four community benefits on page .9, item K, of the Town Council StaffReport dated May 26, 2009. The new tratfic calming cross -walk across Carlton Avenue at Gateway Drive leading to the park •shall be combined with additional traffic calming devices, to be determined by the Town updn consultation with the community, for an additional 'amount to be paid by the applicant not to exceed twenty-five thousand dollars ($25,000.00). Page 18 of 19 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on June 1, 2009, 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 June 1.5, 2009 and becomes effective 30 days after it is adopted. • COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, and Mayor Mike Wasserman NAYS: Barbara Spector ABSENT: ABSTAIN: .MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTE CLERE ALJMINISTRATOR OF THE TOWN OF LOS GATOS LOS GAT S, CALIFORNIA Page 19 019 15400 L� Gatos Boulevard TOWN OF LOS GMcS Application No. PD-07-146 A.P.N. # 424-15-045 Change of zoning map amending the Town Zoning Ordinance. Zone Change From: CH To: CH:PD 1:1 ❑ Prezoning Forwarded by Planning Commission Approved by Town Council Date: June 15, 2009 Clerk Administrate Mayor Date: May 13, 200( Ord: 2116 EXHIBIT A ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCE 2175 AND AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH:PD TO CH:PD FOR PROPERTY AT 15400 LOS GATOS BOULEVARD (APN 424-15-045) 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 Ordinance 2175 and to change the zoning on property at 15400 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424-15-045) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH:PD (Restricted Highway Commercial, Planned Development) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1. Construction of a 40,000 square foot two story commercial building. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.60.420 (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, 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. The first floor shall contain a minimum of 8,500 Betilevapek Page 1 of 18 tots' EXHIBIT 5 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Codeapply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site approval is required before construction and site improvement construction work 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 Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans) of Ordinance 2175 and noted as Attachment 9 of the report to the Town Council for the meeting of June 1, 2009, are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below andin substantial compliance with the plans approved and noted as Attachment 9 of the report to the Town Council for the meeting of June 1, 2009 Any changes or modifications made to the approved, plans shall be approved by the Director of Community Development, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 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, and may be secured to the satisfaction of the Town Attorney. Page 2 of 18 3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval is required for the proposed building, parking lot improvements, and other site improvements. The Development Review Committee shall be the deciding body for the Architecture and Site application. 4. HEIGHT: The height of the structure shall not exceed 35 feet. 5. REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet. 6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit Assessment District for Los Gatos Boulevard should one be created by Town Council. 7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days of the adoption of this ordinance. 8. WATER CONSERVATION ORDINANCE REQUIREMENT: The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans. are submitted for review prior to the issuance of a building permit. 9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1: All recommendations made by Arbor Resources shall be implemented to eliminate or minimize the construction -related impacts on the trees to be retained. Refer to the report prepared by Arbor Resources dated March 20, 2008, for details. 10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction personnel involved in earth moving shall be alerted to the potential for discovery of prehistoric materials and in particular, concentrations of historic artifacts. Prehistoric archaeological resources could include but not be limited to the following: darker than surrounding soils of a friable nature, concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire alerted earth or rock) and of course, burials, both human and animal. 11. *CULTURAL RESOURCES MITIGATION MEASURE #2: In the event that archaeological traces are encountered, all construction within a 20-foot radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. 12. *CULTURAL RESOURCES MITIGATION MEASURE #3: In the event that it appears further earthmoving will affect a resource eligible for the California Register of Historic Resources Page 3of18 (CRHR), a plan for evaluation of the resource through limited hand excavation should be submitted to the Town's Community Development Department for approval. If evaluative testing demonstrates that the project will affect a CRHR eligible resource, a plan for the mitigation of impacts to the resource should be submitted to the Community Development Department for approval before construction is allowed inside the zone designated as archaeologically sensitive. 13. *CULTURAL RESOURCES MITIGATION MEASURE #4: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section.21083.2. 14. *CULTURAL RESOURCES MITIGATION MEASURE #5: A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 15. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the geotechnical report by CEG in July 31, 2008., shall be incorporated in the final construction plans for the proposed Project. These recommendations address site preparation, earthwork operations, drainage, and foundations. 16. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project applicant and/or Town shall prepare a management plan to identify all suspected hazardous materials and specify applicable regulations that would determine appropriate handling and disposal of these materials. For suspected hazardous materials (contaminated soil and groundwater) that may be encountered during construction, the management plan shall include contingency plans for site safety, worker protection, sampling and investigation, and disposal and remediation; these shall be based on soil and groundwater sampling and testing that have been Page 4 of 18 completed to date. The management plan shall be filed with the Town of Los Gatos and all other jurisdictional agencies prior to issuance of the demolition and grading permits. 17. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If groundwater is encountered during project construction and dewatering is required, the project applicant shall undertake sampling and testing of the encountered groundwater in accordance with the contingency sampling and investigation plan as specified in Measure #15. If groundwater is found to contain contaminants that exceed regulatory action levels, it may not be discharged into the existing storm drainage system. Removal and handling of the contaminated groundwater shall be done in a manner acceptable to the RWQCB, the Town, and other jurisdictional agencies. 18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building permit and/or final subdivision map detailing how the Conditions of Approval will be addressed. Building Division 19. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: A state certified lead -based paint professional shall be retained to perform a lead -based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead -based paint prior to demolition of the structures. 20. PERMITS REQUIRED: A building permit shall be required for the new commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 21. CONDITIONS OF APPROVAL: The Conditions of Approval 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 Conditions of Approval will be addressed. 22. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." 23. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Page 5of18 Department Service Counter with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. 24. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and/or house numbers/suite numbers to the Building Division prior to submitting for the building permit application process. 25. SOILS REPORT: 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. California Building Chapter 18. 26. SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to Cal/OSHA regulations. 27. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation, The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. 29. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. Page6of18 30. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 32. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Joel Paulson (408) 354-6879 b. Engineering/Parks & Public Works Department: Fletcher Parsons (408) 395-3460 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771-6000 33. TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24 Accessibility Standards. 34. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378-2408 b. Environmental Health Department: (408) 885-4200 c. Town Public Works Department: (408) 399-7530 35. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, 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: Page 7 of 18 a. b. c. d. Building pad elevation Finish floor elevation Foundation corner locations Retaining Walls TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 36. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1. The southbound left - turn lane at Los Gatos Boulevard/Village Square intersection shall be extended to a minimum of 200 feet to accommodate the potential queue from project related left -turn movements. 37. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2. The applicant shall contribute to the addition of a second eastbound left-tuni lane at the Los Gatos Boulevard/Blossom Hill Road intersection for its incremental share of impact as determined by the Town Engineer. 38. 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 Director of Parks and Public Works, 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 Departnient on E. Main Street is needed for grading within the building footprint. 39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided 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 struciure. The pad certification shall address both vertical and horizontal foundation placement. 40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: Page 8 of 18 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. 41. 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. 42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. A geotechnical review to determine the potential for fault ground rupture is required. Geotechnical Engineer must review and submit a report on the mapped faults in the area of the project and evaluate the potential for fault ground rupture and seismically induced liquefaction. 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. 43. SOILS REVIEW. Prior to issuance of any 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. 44. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those 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 map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. Page9of18 45. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) Traffic study is required. 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 applications are made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $184,633.00. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. 46. LOS GATOS BOULEVARD/GATEWAY DRIVE IMPROVEMENTS: Replace existing non - LED signals with LED signals. Replace existing 8-inch signal heads with 12-inch signal heads. Replace existing pedestrian signal heads with LED pedestrian countdown heads. Replace non- ADA pedestrian push buttons with ADA compliant push buttons. Install video detection for northbound and southbound Los Gatos Boulevard. Replace existing safety lighting fixture with LED lighting fixture. Construct an ADA wheelchair ramp at the project corner of the intersection. 47. LOS GATOS BOULEVARD/VILLAGE SQUARE SHOPPING CENTER IMPROVEMENTS: Extend the southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping Center to a total length of 220 feet of storage plus an 80-foot transition. Install a video detection for the extended left -turn pocket. 48. LOS GATOS BOULEVARD/BLOSSOM HILL ROAD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall contribute toward the future construction of a second left- .... turri lane for eastbound Blossom Hill Road. Actual contribution will be calculated at the time of building permit application. 49. LARK AVENUE/LOS GATOS BOULEVARD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall pay a proportional share of the project specific intersection mitigation costs. Actual cost will calculated at the time of building permit application. 50. IMPROVEMENTS: Install a pedestrian crosswalk on the west leg of the Gateway/Carlton intersection. 51. IMPROVEMENTS: Bicycle Parking Facilities. Install bicycle parking facilities on -site per VTA's requirement. Page 10of18 52. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The 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. 53. 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. 54. 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. 55. 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 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 Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 56. 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 Page 11 of 18 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 basis sryR 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. 57. 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). 58. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 59. NPDES. On -site drainage systems shall include a filtration device such as a bio-swale or permeable pavement. 60. STORM WATER 1VIANAGEMENI' 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.d. of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit No. CAS029718. 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 Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. Page 12 of 18 61. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner 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 No. CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be performed by the property owner 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. 62. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home 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. 63. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 64. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired 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. 65. 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. Page 13 of 18 66. 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. 67. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard • Details. 68. CURB RAMPS. The developer shall construct one (1) curb ramp(s) according to State Standard Drawings at the crosswalk at Los Gatos Blvd. and Gateway Drive. The actual "Case" as shown <H. ti• , on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase of the project. 69. FENCING. 'Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 70. 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, 71. 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 riOf 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. 72. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered. Provide a sanitary sewer connection to the trash enclosure if a restaurant is proposed. Page 14of18 73. 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. 74. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 'a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 75. 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. 76. 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, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. 77. 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 Page 15 of 18 additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. REQUIRED FIRE -LOW: The fire flow for this project is 7,500 gpm at 20 psi residual pressure. As an automatic fire spririkler system will be installed, the fire flow has been reduced by 75% establishin an adjusted fire flow of 1,875 gpm at 20 psi residual pressure. The adjusted fire flow is available from area Water Mains and fire hYdrant(S) which are spaced at the required 'spacing. 79. AUTOMATIC FIRE SPRINKLERS: Approved automatic fire 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. A State of California licensed (C-16) Fire Protection Contractor shall . . submit plans, calCulations, a COmpleted permit application and 'appropriate fees to this department for review and approval prior to beginning their work. 80. PUBLIC FIRE HYDRANT(S): Provide 3 public fire hydrant(s) at location(s) to be determined jointly by the Fire Departifient and San Jose Water CorriPany. Maximum fire hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,875 gpm at 20 psi residual pressure, If area fire hydrant(s) exist, reflect their location on the civil drawings included with the building permit submittal. 81. PRIVATE ON -SITE FIRE HYDRANT: Provide one on -site fire hydrant installed per NFPA Standard #24, at a lcioation to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with 'a acceptable flow —of 1,875 gpm at 20 psi residual pressure. Prior to design, the civil engineer shall tribe with the' fire department Water supply officer to jointly spot the required fire hydrant location. 82. ON -SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANT: Installation ofprivate fire • sr/ice mains arid/Or fire '113;drants shall conform to Mational Fire Protection Association Standard #24 and Fire Department Standard and Details and Specifications W-2. If the supply • piping is "combined" (sprinkler systern and hYdrants); a U.L. approved 4-way FDC shall be , provided. A separate installation permit from the fire department is required. 83. HOSE VALVES/STANDPIPES: Buildings 3 stories or more in height or where emergency access has been deemed minimal shall be equipped with standpipes designed per NFPA Standard Page 16 Of 18 #14 and be equipped with 2 Y2" hose valves located within the stair enclosure(s), specifically within parking structures at stairwells. 84. FIRE APPARATUS ACCESS: Provide access roadways with a paved all-weather surface with a minimum unobstructed 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%. For installation guidelines refer to Fire Department Standard Detail and Specifications sheet A-1. Identify all required dimensions on the site access plans. 85. FIRE LANE MARKING: Provide marking for all roadways within the project. Installations shall also conform with Local Government Standards and Fire Department Standard Details and Specifications A-6. 86. ACCESS: Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically an approved Knox key switch shall be installed; if they are operated manually then an approved Knox padlock shall be installed. 87. EMERGENCY GATE/ACCESS GATE: Gate installations shall conform to Fire Department Standard Details and Specification G-1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. 88. COMMUNITY BENEFIT: Applicant shall install improvements identified as the four community benefits on page 9, item K, of the Town Council Staff Report dated May 26, 2009. The new traffic calming crosswalk across Carlton Avenue at Gateway Drive leading to the park shall be combined with additional traffic calming devices, to be determined by the Town upon consultation with the community, for an additional amount to be paid by the applicant not to exceed twenty-five thousand dollars ($25,000.00). Page 17of18 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 20011, 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 Page 18 of 18 L TOWN OF LOS GATOS Application No. PD-11-004 A.P.N. #424-15-045 Change of zoning map amending the Town Zoning Ordinance. Zone Change From: CH:PD To: CH:PD Forwarded by Planning Commission Approved by Town Council Date: Clerk Administrator Mayor Date: September 28, 2011 Ord: EXHIBIT A TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: September 28, 2011 PREPARED BY: APPLICATION NO: LOCATION: PROPERTY OWNER/ APPLICANT: APPLICATION SUMMARY: EXHIBITS: REMARKS: Joel Paulson, AICP Senior Planner Planned Development PD-11-004 ITEM NO: 2 DESK ITEM 15400 Los Gatos Boulevard. (Located on the southeast corner of Los Gatos Boulevard and Gateway Drive) SHP Newark LLC Requesting approval to modify the existing Planned Development.. (CH:PD) to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration was previously adopted. APN 424-15-045. 1-5. Previously submitted with staff report of September 28, 2011. 6. Written communication from the public (1 page) The attached letter (Exhibit 6) was received after the report on this matter was finalized. Pr - :fired b Joel Paulson Senior Planner SLB:JP:ah N:\DEV\PC REPORTS\2011\15400LGBDesk.doc App . oved y: Wendie R. Rooney Director of Community Development Attachment 2 - . . This Page Intentionally Left Blank Planning Commission Town of Los Gatos Re: PD 110004 15400 L.G.Blvd. Dear Commissioners, anti- Tp S4pz?1D UIti oN L Your original denial of this project was the correct one. The project as proposed is too dense and laid out badly for retail. Mixed use for this location was wrong and to turn it into office use would fly in the face of all that has been done in the past to prevent this from happening. This is a retail location and neighboring retail needs adjoining retail to support each other. A re -design of the project more conducive to retail use such as a single store appliance operation would most likely get an instant tenant. The developer would make less rent but then again it is not our responsibility to make sure speculators profit from us. A denial will put the word out that we can wait for the right thing. In the meantime we can demand that the property be made presentable if not loaned out to the Buick agency for display of their overstocked GMC products. Thank you, Larry justo Arzie EXHIBIT 6 This Page Intentionally LeftBlank • C4 z H 0 W U 0 a a Application PD-11-004 located at 15400 Los Gatos Boulevard. Mr. Paulson, will you provide tonight's 4) o q a Iro o 4‘.o b4) a 0 (0 a N as S x p A N U 44 H n N H o 0' 0A ro O co O CO 0 o CO N a H 0 a . h h N H q 0 H N 1 U Development Ordinance for 15400 Los Gatos Boulevard for a 0 ro H ro x H • 0 A H ro U N u 4-4 0 w° pN m .41 caveat on that approval at their level that ro ID U m H a 8,500 square feet of the ground floor to be either v 0 o H +A) 0 0 o 0) w ro + i N .p 0 o A) +o th 0 A N •00 N U 3 W W 04 CUN o oq•'0 p+0 U H a C.)4) N a x 4 a a a/ 4-)o H°i 0) H I r0 0 +) > A H HO4 .0 0 1-1 q a '0 ro N H +) 0 i 1 � 0 A w N IA10 40-r H u >1 0 A-) 'Cl H 34 4 o ro a, o A N• ro 0 +) 0 a))4 N � N 0 Letter of Justification for the reasons why they're r, ol 0 U ol to to +ro) •.., ;11H g us . N A 0u 0 Er rl ED N 0 11, N q 0 •••1 0 0) 0) A ?( 044 00 o ro a H Al 0 a v 'CI •.+ oi o ro A) 4-) p, b. 1 o rtl D •.i 4-1-1 4+ 0 N $4 'O o 0 m •ri 0 G 0 N 1 O 0 N •V 0 N •1-I v w PI 0' v N m N 0 0 COMMISSION LOS GATOS PLANNING N H N (41 P rf) 10 N CO 01 0 N N !•) . N l0 r CO CA 0 H N I'1 V' 1!) H H H H H H H. H NNNNNN m w U z a W a a aa Judith Propp >1 .H 01 F O m N U N A •a 0 0 0 1-1 ,(a)()� 0 •rl N U4., a0) •ri (4 N U H g 0 0)R No p 4) ro 00 •rio 0 la aU 0o H H H H N 1'1 C N b Ih CO 01 0 H N H H H H H CO N 0 H N of V' 1!) N N N N N N Attachment 3 N w a) d H m 0 .H 0 4 ro x H. w 0 >, u a) 0 H a a) N 4-1 0 4) ro u) H single tenant office user that is interested in the site 00• 0 ...'. - N D, 'o � 0, a, o . al a) 0 N w 4 4) u 0 w C 44 N 1 N H 3a H d 4) HN N '0 b) N .-I r-I N N •�i q.. O 3 .0 rd w + G w a RI A a_ 0 0 -P 0 0 0 En o 0) o o w ro +� o 0 a, •.I o �� a°i '. p ' q m 44 d. o x a, al 4.) o a ro u + w ro A a, ro m u w w_ (0 0 0 ro m i • w { f:.� H o ` H .d w •4 a) .- '0 -, ro .. >y .H • H 41 4-) 0 V) 4-) 0 0- .0 H0 D H- Hi w al w 0 N 0 9 aJ � 0 HI 0 -4 w 'CI to '0 0 0 0 +) a) a) p ,4 • o 0 w - s - ..� o A H :. p 4-)a, a)o + A v q o q ill4)) .. 3 x o' HI C a) 13) i 5v5 H {- 55• 3 ro 0 I 3 0 4) '+) ro u- F 0 +) ai m - 4 0: '0 H a) H .00 o x 4-) EnE1.... - m a)Ea0 0 O 0 - ro H 0 0 x- 0Na) 0 •• a) •,.i v D +) a) is w u a) 0- 04 C.)4 P. o a) - >, d . 0 0 a) 0 a.) o - a) . •.I .0 0 co Ca . O H. 'J+ 11 H 4.) 0 H a) w T) c. 0 - U - 0) - ?i ' ro co .p a) •d ro d w o - ro H n m VS 3 0 H .� 3 LH . +) . '4 •O '. n va 1Y ro m b 0 0) o '. w RI <. H A b .. 0 b) al >, ro 0 w+)- 0 4-3 4-1u 1.0 (0 .s0 c1 .0 w a) 0 m }-1m O ., 0 a) H a) H H 0 - 0 - -ro 0 tT - • C1 - 0 ro H v) m a) H 0 0 -. A 4 0 0) : - o) • 0 P, H a) R, A4-)•H 0 44.1) -Li (1)- q - •.l a) ro C.)0 3 •H a) 0 m b 0 m 0 >, A 4 •.l H 1) N 0 b T) N. 0. •.-I 0 0- w N 0 1) R, 0) 0 '�.f..{{' Fi 4a) app) •-I 4) •.-I a) .01 N 0 0 HI 0 a 0 •H .. N ...4)) :N - O N P, •.�i H P. w A 0. 0 0 N 0 0 0 0' c) .0 (1) .11 •d 0 w 3 a) 0 a) tP 4-1 HI H N g •-i 0HI ::4 mew o ' 41 0 a) 3- :'0 A .8 1) satisfied? - N n) ON u) 10 r O) 01 0 H N (•) d' 10 10 r CO 01 0 .i N 0) V. I() .f .i ., .I H ., H ., .4 H N N N N N N a) A 0) 0p N 0 0 m ro 0 t m g 0 0 H 0 ?04... a) N N 0 H a w-I v00 rn a) ro al > '0 u -44 4-) 4)) LH H 0) m � aa)) 4 � 0 cn A 0, H o a 0 N a) O -O H a) .0 u 0, ,p 0 A N, w ,-I 1) 0 w 0 0 3 0 0 0 N 0 H H D 0) 00 N 0 )4 they're requesting doesn't restrict the future possibility 0 a) A En 44 0En a, w a) x 0 .0 L 44 }) a) H 0 H 0 0 b m 0 00 40 i N u +) a, +) a) EN m 0LP G 0) 44ro HI )-Iro v x 0 4 rd 0 >) d' )4 0 4)) 4-) 0 •.I 0) 0 H u 0 0 u 0 -.I a) H w I ro u w ran H ro h interested in the site, however knowing that this r) • 0 0 44 A ro Hi L. .00" '0 a a))..›-• H +O) •.01 E C N 4-.)›.' r H HO 0 b) f.' a) 4-)A•.I u �0 3 41 W 1-i 'i 0 .0 -I-)0 H 0 H 'N HI P, .0 0 00 • •' ro 0 . N b H O 0) 0) . 41 O. 0w 0 'd N a) o 44 ) �11 rn a) 'O 0 N 00 4) 'iO ... H- +) b .v aa)i a 0 0 0 w c§ 0 1RI °) -.4 3 4 4)) AN v) U O PE A N 44 al .V 3 >, 0 a � 44 .-IN N 41 4 0. A )Ha 0) 'od' 3 w . H 1n 0 +) b) N o) U 44 _ a1) I 0 a .-i ro 0 t1 U1 N T) g, o 1i r-•Hi .pi 101 0 0 O 0 0 H 0. -el 0, rl w a) 0 . )d N a) p 0 0 n x o w H a.) o 0 3 41 0 x A .0 0 H °a HItP 200 0 •H'I 4 44 A HI u 0 'HdH 0 LP 0 4.4 0 0 0 N '0 • 0 0 tr' 0 u 0 3 w p .oi 0 w a. +.. _a) o o ro. Hi 0 H H H H w 0 4 to 4 0 N .1 N r') V. 0 10 r w. m O 4 N 01 C N 10 r CO 01 O 01 N 1+1 C N ., H ., N N N N N N a) H m 0 0 'A •ri -(0 4 En -I m '0 m 4J u a) 4 b 0 O U ua ,(0 0) d a) 4) O g. 0 3 mr4 x o,a, 4-1 o 4-) 30O (0 o 4) 0 fi0 x .,-1 a) 3 - P, H m T) as 4 n H 4 H H • 4.1 C`. .r{ fa u a) (0 (0 a4 HU o E oH 11 0 W m ro 0 o as as .4 °0 0 m us 4 3 0 R, particulars of that and that's probably a better to ask the Applicant. ' m O .,,j U r 4 4 H a) w 0, 0 4D m 4 � 0 4 0 a) co 0 '0m E � ro N a) fG� H O 0 0 0 a) 4) x X N q(0 0 u of q w go .si H H C C.)gro • 0 us o 0 H a) +) C HI FC arts O �fa4 4A) 0 m a) W 0 All 0 40 a) 0 N ra EEi) u En •O a) H0 a 3 a) A CO M 0 )4 0 0. o 0 H 4-) H 3 H •14 .ri (1) '0 4-)) N H .l,"' O U ag" • 3 •� 0 ' 0 p, o �, 3 3 4 Mr. Dare, right? (0 0 a) ro aa)i a a H 0 a) 0 ,4 a) ^0 0 H U' 0) 0 H a (0 3-1 a a) U 3-1 H , C0 '0 U u RR) q F.�17 M ro �D�77 m 0 4 y 0) • U 0 .H u m X o N U SHP Newark LLC, which is the owner of 15400 Los Gatos 0 ro U a) a as ° o w u D 0 0 9, 0 0 m ro H ) U m p yyou o .0 u ro N H 0 m 0 JJ m 0 O V7 • N H P )n 10 r 0) 01 O ,-I N )'1 4) N l0 )` 10 01 O 4) N N P 0) H ,-1 - 1 -1 N NNNNN JOEL PAULSON: even if this were all medical office, correct. w w • 0 u 0 ' m 4-) ° a • O > X H CO • w O q W 0 o z COm ai U O R O N the top of your head, if they had 8,500 square feet of retail and let's say it was a restaurant, and so let's say it had a million dollars in sales, what does that translate into in terms of retail taxes that the Town would forego if take a stab at that. I don't JOEL PAULSON: know off the top of my head obviously. The sales tax of a) 0 0 U N x ) H 0 u) 0 a)H a) a A H (0[xj m 4) u) C H o 0 a) 4 C. +) 0 0 AA 0 0 ro 3 +) yr So in other words what they would be asking us to forego would be $10,000 a year, and I'm just approximating. JOEL PAULSON: yes, we'd be foregoing whatever sales tax could potentially be generated in those 8,500 O ,.0 N � CO \ ro N N H 04 2 0 O � H 0 O an H O m O CDa H0 H a E O 4# 0 N CO H 0 ,i N f.l C ,() b r CO 01 O ,y N t.) C )(1 l0 r 0) ei ,-, "', CO 0 q A b, . 0 0 V) W 3 •ul ro •Wl 4-) a° q °u 0 w o O o o ° ro al x q 0 0 +o) N x 0. A .N A 0. '41 0 0 N 5 N • 0 0 U1 to •'-I W 0 - 4-) .-i. 0 N ro ro 0 H a) H U O to ,-1 •'i -1 o 0 a)W 0 0 0 , 0 tqs ro a q N N a b b b m o a) 0 a) P A A Hi •0 .0 0 5 N 3 0 5 3 4 a) Is P; N 1 0 0 0 ro 0 0 a) a W •� a) a) N 01 .-I ro •�I 0 R. •rl 0 0' 1 4) U) 0 N W N m T w HI ro b A A. N 0 N a) 6 0 0 N P. X d ., 0 Hi ro 174 b, a) 0 al m 0 01 n a) 0 3 [ a) ro N 0 +) H 3 3 0) 0 u) "el H a) o A w o +) + N o aJ u to p 4 to 0 m 3 o ro 0 0 'd a) ai > P. •N ro 0 P, a W 44 A 0 () .G 4-1 a) P, a) a) -Pq 0 0 -P 4-) HI ( Hal -0 4-1 v) +) >, . A A ro 0 H a) a) N o 0 5 •ro P i A 0 •4 H 4a..) a) N A 0 to 8 0 D b) aa)i ro 'Pi .i 0 A aa)i 3 ro + y 0 to G o . 0) 0 .o H A .)) a) W �' W a) p o N ,,.�iI N -P ,-I a) a) In I RI Pc 'y A P, a) 3 4-) N d A A N o I [ N apd) o0 E to 0 P. H q to N o 0 A ro P co • +� m A ro ro 3 W A '0 0 a) a) o o N .-i o7 0 4-) O +) HI a) a) 't N 0 3 v) at 01 4) HI •-I I,W u o 0 a) .1) 0) a) N 0) 11 to 0 ro o •,i A a) •.-1 O m N 3 to A 0 b '40 0 A • 4) A a) A W 0 +) u0i a) +) •ri 0 0 w z') >, 4) N -P 0 H 0 A v to a) o al 0) +) A 0 N HI W 0 H 0 N a) - -) .0 A A In al a) En0 •ri •1-1 0 LW a .0 A n •ra al 4-) -la .04 N 0 0 0 H N N +d 4-1) 0 ') +) 0) A 0dW o 0 0 0 A 0 HI to '0o 0 o u P o) A '0 A a o A H0 0 +) U) W 0 rl a) ro v) H -la N ) a) 0 •.-1 a l N 0) 0 a) 0 4', '- H 0 N N w X v g A d w 0 so+ A >, 0 0 HI W to 0 -P HI U >, � +o) +) 0 P ro +)93. W b w A toi q +� v �Wr{{ w o d qq a u) a +J P 0 - 'o N w 0 N q 3 0 +) N ° -) .4 v! 0 A 0 0 0 a) a) A W F-1 a) 0 O a) _ ro o a) W a) 4-1 ro P, 0 5 u A ro a) a b 0 N .n 0 +) •r1 0 W •.-1 N m v u) 10 0. CO rn o .+ N m �n .0 CO 010 .+ N m o ,n ,y r-I r1 r1 .-, .{. .-1 .-, ti NNNNN N 11 N zi N rl 0 00 1-1 0 N w° ro .-i 0 Na 0 b 1 0 0)) 4-) 4 HI -P •°t 0 x -d 5 A A 0 +) (1) A 0 A ,01 ,F.I N 0 4-1 0 0 0 ro a) 0 utn al H 0) N V) r1 4-) N 0) H 0 + 40 0 "ro u a) Q) 01 44 w 3 0 0 the open marketplace. We've worked vigorously to identify tenants, I've talked to many of them, and as we can 0 P .0 A +A) +) A 0 0 N W 0 a) 0 A 4 +) b a 4) N H b a) O a) ro ro +) > 0 0 .°.) a) 0 trn HI 0 A H .•G roto) 04) ro 4) 3 to 0) P H •o a) >t fa (0.• i) a) 0 m U q a 1' a) a) 0 a id a)A A &y so 0 > A to ,. a) U 3 0 >, 3 N .� o 4-, al -P a) O al 'O •rl W o ro -rt N• 40N a) 7 ro 0 m -4 0, accordance to the application that was approved will take space for the retail as well as for the office. We 0 0 +) ci 0 •-1 D 4-)'0 al•ul 0 H a w >, 0 0 D A w -P 0 m O. A k A +) a) 'cJ v) H 0 0 u 0 +A) A o N .-i '0 0 N �a o b 0) D m a ro 4 N, 1 0 0 O A a• , - a) N rti 3 a, b, 0 W aa)) .�0{{ a)) z poq v) 0N). A ro 0 4 +) � N H O H 0 0 +) +) • a) aC�){ H N o cd 3 N m 3 a) m 0 a) . 0W u m -PA ,0 in' A R Hi o 0 a) .du) y • +o) +) m 0 a H N N -P 0) a o 'O is b 0., ��' N A 0 o 0 o u 0 A a 0 a , -,-IC +A-) P. N `>1 H 01 WN N N 3 U .A b W H R 'O +) O# W 04 al ca m 44 Htn q a• u m G cn rn vro 0 m-P • w a)o a ro i 44 0 •rt N auo 0 g0) '0 ro 44 0 a .Pa .N 0 H 0 0 u N Na p5w. ,-4 +U) N' 41 .14 4-) N. HI o m +A) q 4) 4)) +ro o) +A) .-I N M c N W r• bl 0) .0 r-I N m C 10 10 h 0) 01 O ri N M P N ,y r, r{ ri ri r. .i ri ri r, NNNNN N I wish I could share with you who that operator 4) ro ro 4-) O. .rou 0 m H o u O 0 4)) 0• a)0 a) u 'O '4 N 44 4A-) N Q N br 4)0 4) 0 Pa 0 u 0 •r1 4-I 0 • $y" v ,A 0 4) 0 '4 0 H 4�) A 0 3 4 u m 1 0 m to b) u)HI ro u 0 q 3 A al ro 4-) a) H 4) n 0 1=.' 0N E. O •• 0 En 0 0 H •.4 0 O PI HI 0 H N b of u o n w at P. N44 .0 0 N • 0 O W0 i C 0 N4 fa 00 00 3 a) 0) m U a) rn x u .4 x a0 u .. 0 •. 3 •.i 2 0 O Z .P 0 3 W 00 4.) N H h' 01 HO H y ro A b) N 44 H H 0 H. 0 44 0 HZ 0 0 C.)N 01 4>W a 0 au) 0 a •.Ni C x ON •10 O 3 0 44 a) N X r• b 0 4 0 •N a O >, N -P • -P )n ro m v0 aa)i HI aial 4 � m m b o 0 44 •H u, u U .0 N x P. ro° COMMISSIONER BOURGEOIS: have a couple questions. The proposed building is 40,000 a A 'p a) N HI u Hi o .N H N HI O ro O .4.� N b u 04 ri + m ro N > 4 0 11 3 al o 0 ro z ° O PQ N • H i ro $4 b ro 0/) 0 EH o I`• 44 W NO 4.) W U O 0 w Laz O a) PN Ri N M' 3 t] H O U f)Oq n U 4)) •.w•i )ram) C.) 2 co H' 4-1 a e w scicn rC S H G O * �} F 0 N Hz H •.4 z H F, CD .0 N 0 H );I H O N OU .0 NW a OU a) 4a u 0 0 0. a) co 44 square fee N f•l P N 10 r co 0) 0 H N N C 0) 10 11 CO 0) 0 H N 1,1 O. 0) H H. H H H H H H H N N N NNN Council. Thank you. N H 0 4En g Hi0 u 3 U D m a) 0 4-) o .m O • 0 H £ H 0 H 4•I 0 44 O. G O h cn HRI 21� Va r-C 0 1 z 0 � U W >, 4.) 4H 0 f7 0)) u) 44 4-4 E HI H 0 >, U OU 4-) H 0+ o A Talesfore. Exhibit #3, it states that the medical operator will serve C. 4-) a) 3 to ro 0) 0) N 0 A dd +) n .-) 0 0 0) U Hi 0 -P ro A 0 • Ul 4 m N �-, 44 z 4-) N N 0 a, � N 0 0 r0{ N > qq •.i N •� 0 O � aJ F. RI mpsi HI 3 0 H 4) 0) .I o .d 0 -4 ro 0 0 3 0 4 N N N O 4.4 HI HI N 4) O. 0 44 co 0 H 3 5 N 0 U H .0 0 110 a) •>, 0 ,>a 4a '0 ro 3 HI A m 5 H 10 0 0 4 z W +) a) H •.i u) 'O H , a) 0 N 0 .P • • N •..44 a) a) N 0 p H > �1 •0 N > N > A •.I I'. .4 O. scS 4-' N .i a) ..' .-i it i' C7 aa8 N 4 3 4°) +A) 01 H 4) H 0 4-) A N o 'O • to m 4) U 0'0 0 00)) .4A~) ,a) 1-1 d C 0 H I 0 a) 0 .-I 0 N 4.) z o RS 33 H °NeAp44-1 ta 0)) A H G4 00 , 04-4 HI N Ln 0 a) I. tn0 0 ,--I >, a) H b W aa)) 0 N p, 4°.) 4�) 0 N N > a) �N qq O 3 n ° z aNi N A o 0 -P .0 > q a) •ro 0 0 0) HI Cp) a) a) 4. N .I..) 0) H 0 b L'. .H-I xi i1 0 0 0 sH 00) b) 0 .01 'O 0 • I 14 o q t0i o 0 •-I 0 +'.) ' 0 A 0 0) ro 0) 4 0 x A ro A 4.) 0 u) U H p.. E. >, +) 4-) P, +) 01 H N f•1 G' N 1D N CO 0) 0 H N 1•) 01 It) l0 r CO 0) 0 H N f•l C H .H .4 H H H N N N N N N H 0 H ro to u) +, +) 0 0 H H -.4 00 yo.i roFj mwU 00o d o )co .0 u 0) { UZ O a)4-1 H ° o a) � ro 14 0 N 0 rn a) 0 a0 i - a)i 4 s0 0 a4) 0 H -P u a) u ro 3 °i a 0 q N 41 0) rI >0 14 0 eo 0 a2 + w '0 4o W 'A 0 A .0 •�U ro q A A +) 0 0 ?� H 0 0 a) g H �q 0 ?04 .0 0 A_ro 4 ...u) u) a..)� 0 LH r ui ro m a t 0 A 0 'O 0 . D o 0 0 N W v 41 u 0 m m 0) 4 4 P m ro 0 a1 3 N -4 d 0 Q 0 0 u 0 ,3 HI �Ha 4-1 ro u z ) aHi ° m 0 m44 o x 0 .o (5� 3 N F 0 O H 0) U n 0 b C4 .4) a P( IH 0 +�) K 0 0 ro. o 4-) Hi u ro H '0 HI a) D ro ai 0 b m 1 HI (Ha b 0) 0 4-1 44)) 0 u q4 a) H Covaleski and Trask Leonard''by way of ex )4 HI x u co 0 H 00 ro b a) 0 0H a) a) r1a 4-1 `a oi ' HI 0 0 HI HI HI H *II ro 4-4 14 m O id a) 97.1 0 ) (4 4 ni H H 0 4-4 (0 w 01 a) 0 0 44 0 0 ...4+) +) .P (0 4) .ri .0 0 0 0 0 w a the world that we live in and all of the potential office • ro '0 4-)4 u G 4.) 0 x u aa)i m H 0 o HI 1 4) 0 oT al HI rci ai N vai ro 0) o 0 w 0D co N N Hu) a). .0 rn _0 y.a m _ . N. .�, z m° Hi 0 0 � a) ' u 4-)ro x 0 HIa •( b H .10 W ro0 O Oa) A N �CN H'Hp.4 -ri A o .0 0 .ro � u '0 '0 a) •ct u a , qoq .0 ro 0 14 o En .�4 N q 0 o. •,.{ O 3 m w ro 0 .� "H '0 A an 0 .0 0 4-) •P 0 � + 0 u 3 - .0 4-) •I 0 0 0 N .. . a) 0) 0 aa)) O 4) H .0 -ro 4) +) H N (•'1 V' Il) lD l- CO O1 0 H N t•1 P N l0 r CO 01 0 .y N CO d' Ill.. H H H H H H H H H H N N N N N N adequate space? Is it the 40,000 or is it that mix of uses that they're opposed to? It's both. G a a '0 0 a) HI L0 N 0 E N tl b 0 a a)) � A 0 b � U 0 HHI I0 co u 00 °U ro ro 0 0 x +) 0) a)'0 3 0 u 4-)H a � HiU ,.al . 4 D, 7 q a) 3 co 'd 0 vi o 1 4-1 b) c9 (1 m �. 0 4-1 0 0 '0 S•, 4) HI HI 0) 0 H al 0 ..(0 N 0) aW N z 1 ) v W z0 0 O0 H N 0 w �H]] H �xz77 O H XI t .. - 1Z�] '�i Y+ 0 OU 4J 0 b) K( ro HI +p) ?4 G •.i H (a •.i >4 u ro !3-( ;�0 A .0 .14 4) O ri. - .0.4) 4-) b •I4 H 4-i It's both? That's a fair question. I can just give,exampies.of, and becauseI'm not the tenant I just. H .6.1 H a) a) ) 4-) H a) a +) 3 + ) 0 P( k '0 .0 q + m �ro" +°) a)H 3 H 0 N rri ro 4.) •.+44+) .° 13 N, '00 .00 W O 4 (0. o 14 a) 44 o ro ow (f . 014-) •-i 4.) 4) ..-Im o D4( H 4) �� 14 m P o m trr)� U 0 4) 0 N q .H{ .0 1)) HI C7 Ia z H 4, U. H 0 H li 0 z p.. z N 44 H.� W A. a H 4)) m 0 H '0 I of 3 w a) >, ro g ro R) 0 p0 ro 0 )4.) 0 0 4.) a) 0 H k 1-1 a Vl u) uJ 4) 0) to 0O 0 O .4' 0 O ul 1) •.i 0 >, 4)) u 0 0� .H p+ N 0 01 01 A 0 .0 a) v) 0 H bt ro (0 >, 4-$ 0 ro 4)) (4 H N m P O') IO r 0o CO 0 H N 1.1 In (0 r CO m 0 H N m C IN H H H H H - H H H H N N N N N N CJ U 0 ro u 0 6 4) 4-1 N En co o .f0.' 01 ro ro 0 4J to •Hall ro m b4-3 •HI 0 0 N A A q HI O A +) 3 4-3 0 ro 0 w 3 41 ro 4-) 3 H N w4 ,4 0•+) 4J D N 0 0 4) 4-4 ro Ti 4-4 43 o 4-1 'o'er 0) U 01 A $4 a, H 14 rd HD 0 C0' OHOH to D N 01 44 0) N 04 4-)0 square feet they're an island to themselves, and secondly, our ingress/egress out of this project is right off of Los m A m 3 0 H-i H4 3 ›•13-1 ro D 0 14 H3 04 °4 rt 4-I 4J U N0) 0 2 En 0 0 '0 b( tit 4) ai 0 P7 0 4,1 ro U' the retail market works is that there's a flight back to 43 0 0 434 q Ir a 14 u ro a 0 0 H ro A a) 14 A H4 q 0 4-) 1.4 4-) •rl 4, A it's all about access, it's all about visibility and it's 44 0 10 A a) P 1, H4 H ro 0 44 C ro A 4) *0 'O • U N d 0 4) I O U U 0 0 1-1 those things and so it's very hard for us to be 0 4-) .ro 0) ro 0) 0 0) H A ro N N N 0 0 0 H 0 0 3 0 0 plan that shows 6,500 square feet, which by the way a o A 0 o 0 k h H V) o HA 4.) 0) m U 40 0m D 4-I 4.1 N N x ro 34 •HI o' ro Hi 0 HI 0 m 4 a A v 0G 14 0) 0 J 0 d 5 o N fn o •0 +� N b 44 w 4 3 8,500 square feet. For example, BJ's is 8,500 parking stalls, and so I square feet, but they take 200 3 0 '0 COri m 0 0 -HU U '0 04 N as m 0) U A A a) •(4 H .4-1 aa)) '[ 4-' A 4 4J 0 N 44 4.) 4.) m R. 04 Hm A Ea A ca A a) 4-) 0 '• A o 4, 4 q 3 'oo to whom can we bring, who does make sense? I've gone down 41, H4 HI N (11 (4LOl0 r CO 0) O N 0) a r-1 HI HI HI ri 0- 00 04 O r-I N M C N ri Hi ' 4 a) N •'-I •H{ 4-I U (14 0 0 n 0 b a o 4-1 )4 b A A 0 0 4-) 0 A A 4.) 0) 14 q 0 O 0 ro H 0 •HI 0) ro 4 H q 0 A 4-1 A C 4J A 0 A H4-4 a m H (4 4.)) 0 U H H4 1, 3 t standpoint it's probably going to be a multi -tenanted format. There's not going to be one group that wants 31,000 En 0 0 0 0) 44 A N 0 • a 0 4-)0 14 at 0 U -44 0 ro o v A N •HI 9+ 4.) ro m HI 0 ro •.4 0 0 0 A 01 A 4o) 0) o 04) 0 a) A b) RS a0) 'A 0 4-1 U 0 0 4-) )-I •HI N 0 0 •-4 b small local operators. tn D HNi 0 m o m N H�-I m 00 0 HI 34 04 0 m .a) 4-) 0 a m 'k b � •rb4 ro D •-1 3 (n 14 4ao b). 0 0 0 0 H to the bigger groups that are looking for larger chunks of space. We still need an anchor of some sort, somehow, with 13 m 4-) D ro A H 0 0 0 0 4J 0 0 cn 4.) ro 0 4-1 a 40,000 square a) 0 0 4-4 u m 0) Hi 0 q 01 4J A )4 0 a, 0 H ro p I a 0 0 O N O 44 by the way, I don't even have one doctor that wants 1,500 4-1 0 N 0 44 •H o es ' o ro tn N A 4J 0 0 ro b 0 0 0) 0) .q 0 o 4 3 b a 3 con N • v ri 41 0 0 0 U N O RI N U road trying to find the bigger core tenant, but we've also a) A 4-) 14 0 w tn ,k 0 0 0 )-I 4-3 • ro 4,) ro 13 A 4.) 10 C 0 N 0 'Cl q 0 0 0 A whole facility as well. Now getting back to the retail, and I appreciate (r) 0 H-1 H-I ro 4-3 0 a C.1� 0 N b 4-) � 0 0 o ° En N lC cn o 4-) E O -4 U 0 C.Da +� z 0) H o 0 a rv4 a 0 (n N O CS 0 cn (n H 4 0 00 0 0 N O U 4 N Ir) C '() l0 r CO 04 0 ri N 0) C 0) l0 r 00 04 0 '4 N (+1 C '!) HI HI HI HI ri HI HI '4 H .4 N N N N N N market has proven that, because I just don't have the • 41 4-1 +1 A 0 )d 44 H > a) H 4. ) N u a) 0 a U building is designed presently really doesn't allow you to offer the kind of retail space that a retail tenant +1 d a) ,ou A H .00 A 4-) al .0 qq N a) co b f) � 0 0 ro u d N '0 0 c» a) 3 0 � 'd -I N H .0 0 A 0 d A O d a°) 0 cn ro co • 3 0 w a) 41 b 0 tn a) 0 W P.� •H 0 H A +1 0 41 4) o > o ,d a) 0 applied for. Right'. So my thought` is a) u a) A 'd H 0 11 i 41. ro 0 to a-) .4 rn o •H w F ) 4 a) OH N H TS u) O 0 O 49 > x appealing? 0 4-3 U) a) b 0 N 4.) 41 ro 0 '0 0 ro 0 +1 had more space to offer to retail tenants that they might N 0 0 m N •di a) 0 a) fi a) C ° .rod ro 0 a ro a) 0 A space there. to H � o 0 0 N 0 au) 0 4-)Va A N 0 a) 44-1 1 0 A w 1-1 • b •P o ro 0 4-)d) 0 0 0 Nb . 0, ;0) 0 0 o PO 0H co 2 a) 4 0 o (0 4, O H id0 +1 +1 ) E r 7 •H it 0 u O N 0 00 UN U O C7 �+ a 0 z 0 a) N 4 44 H O A H 3 z c H �P47 J bu a H -H W 0 a C Ho A Z 4.) .� '0 o 44 '✓ 0 d a1 co H H 410 •(0 00 Oa •( .41 A VO-1 5 N o A m 1, 0 0 A 4-I A H 4.) .-i N 1,) P N t0 !^ CO m 0 H4 -1 H .Pi N-1 . . to r-1 CO N N N N N N N the list. Believe me, we have the project down the street 0 0 r) .k 0 H 0 a) o .0 0 0) P A 3 3 b H '0 a) • -) ro 0 w 0 4) W • a) a) a) N 14 ro 4) o 4-) 4J 0 1 0 b d 0, N a H A •) ro 4 HI 00 0 44 4.) N • N 0 44 a) ro ro N 0 3 (0 +A1 here physically because of our layout and also of the ingress/egress I'm precluded to come here and I'm not going to get that approved. 41 4) ro 3 A u)i A '0 u4-; 0 3 a) a)q) .d O tiJ N b ro '0 4-1 }1 A 3 A ro +1 u a) 0) 00 HI 0 m I-. .A 0 ° al 4-I ro 4-) .d ro +1 .d '0 a) aa) a) a) >, 0 d m m 8-, 0 4) 0°u w m •'d � >NNo.Lro cH. a) 44 A m >, a A A 4°1 Pi di N 44 •rH1 00 • > ro � n C a) •-4 )d 0 D ro 3 •D 4-) O 0 44 [[ry• .. a k1 '0' 0 41)). U q H Q ro •.I u) a) 3 R. H 0 o ro a, m a D u1 it id U A 3 4 F,' 4-; 41 a1 iOd 3 OOn 0 j1 4 d• ( 0 a ro +RI A u 1 a) 3 3 a they don't put the 0 0 I +1 +d A u) A d 0) + ro ro '0 +1 A N N 'H H 0 0 o Im k � d N 44 to P N CO. AA-7 N N °a ro rd rn 0 'd 4-) o b 0 om° m ad) • A 4 2 0 0) a1 H id g •(0 .0 0 o m. O U w N Hro 1°1 ' 0 a° A0 .rdj. 4-3 .4)N H o }1 N {� d 0) '27z" V' > o 0 0 H a ro 0 R. +01 0 w A 'd ro H N O" a1 •1 F 0a) ° 0) ` � 11 41 44 � H aa, O >, a) 0 aa) o a H w tn N U) Na HI 3I-I ro '0 HI H ro H 00 44 3 u 4.) 0 44 HD 0 °u N H rl N m C tn. IO 40 63 01 0 .) N m C' if) lD r W 0, HHHHHHHHH .-1 N N N N N N Right now I'm working on 16005 Los so that's 0 • U N •n 0 H R+ a) 0 ro a) x 0) x D a) 0 ccs 0) 0 ro t of 0 N H f-I 0 4a ro 04 3 a) 0 a) 34 a .31 x H H (I) ro an x � W w ro O ca 11-1 3 O 0 0 a ro N a) 0 0 N H a, r0 • 0 0l 4-1 N 0) P. H ro 0) 40 H a1 O And those would be? a, a) 0I 3 to CO LH N W 0 ro .r4 q H 3 H O N H U 'd cn W gy H U .rl w d 0) 0 0 0 U a) U d CI LH 0 a d ro 0 cn cn 0 Street, the old motel. All right, thank 0) x HI H H ai H '0 H A >, 3 ,a m r _ H • q 0 w 0 O H 0 Ti val H 0 '0 H 0 0 0 H 31 p •..„ HI 0 ro ro .H 44 0 ro m '0 ro °i 4 ro o I E. 0 0.4" 0al H cn 2 A m a) H a) •rl 0 H 4 N Z 8 0 •n 00 N W o N 31 N H N H a 0 q> a N 0 ( ro a z'o M A 3 .31 34 H H x cn Hi ro 0) H �n a) H q a, 0 a3i H 14-1.. .,.{ us. • ro a y) 0 H ro W 0 N Gl C7 N H us 0 +) 0) a a 0) 0 E H Z) 0 Z H R� 1-1 Li 1tl }) O N • Goa] M 0) 0 0 O H ca 'Ni a) •n u) N a) H '� a v 0 a O ro •0) >, 3 ,a 4 ro s°a 3toS spe H N (0 C N l0 1) CO 01 0 H N M T N b r CO 01 O r-I N M C ,f) H H H HHHHHHHNNNNN N tenancy that I'm talking about. I'm not talking about like 0 0 w id H i, ro 34 iJ I • >, 0 3 HI0 4HII .0 >1 CD N +ro) 4-) H U ' a, it 0) 0) 0 ro g, HI a) Ra) 3 . a) � 0 N •4 ro N D x 10 H a) a) a) 0 +) H>, 0 W 0 R, 3 a 0 0 a) 0 ro 4 Ho 0 m a w 0 PO i En H N o 34 31 0 ,, as O H a) HI 34 3 N 0 b1 U u) +o v) ro . z 0 u~i 4 '0 0 0 0 .0 4-1f,' 0),' W o +) D, 0 0 0 ai m ro o H a) 0 G 4)) H Hro w •.1 w p. H ro ro .4 4 a) ro +) U 0) 4 3 possibly partner with the New Town Center site. Did you u 0 4-1 0 .14 0 ro .4 O 01 0 0 U 0 v H w a) H 0 ro ro a) H 0 H a between the two sites? +) a) ,4 ro w .00 0 0 3 +) .0) D, so H 0 HI al CO 4-1 .0 0 . CV m N .� + '0 01 + 0 xo a Hro 0 N 3 34 H aa)) p H a0i 3 •Oi 0 • � b .N m C q N 0 a o m ro a) 0, 0 0 I m a) 0 .40 0 A 0 0 N 0 O P°0 H +) E (1) W 'd O H H cn O H )) o v w 00 0 •3 1 CO a E O +) a) 3 O HI 0 a) q 0 0) 4-1W El "O O O a) 3 .0 0 4 0) H 0 0 a N +) 0 a)aw +) O 0 D, 0 +) 4 o as H 0 b •H 4-)[� ro H >4 4 o {Wro 0 {� U tr{{ H O N a) O 0 0 co CA 4-1 cn" eC N 'O a) H Si di H 0 0 0H 4 m ro v) an 0 H H a) 3 4 H H H H 4H CD .423 H M 0 a) R 3 U H ,C w U O '0 01-1 v ›.:. cu W to b1 a) 0 A X 0, N a) a) 0 1-1) 0 a) '[o i.) C` H N f0 C V1 10 1) CO 01 0 H N (0 T N ,0 rCO 01 0 H N M a N H .-( H H H H H H N N N N N N 0 q d rd 0' u b cn G ro A a) '°d N m HI o 44 0 H a a A A 00 o o tn 4) So I just really hope that you really, really 'd 44 H-i ro HI >, u 00 0) ro ro 0 x : 0 IT44 w U O m q 444 q oPa .°0 ' H 0 cn b a) a)•014 o ° 0 0 0) 0 a) .` o � ro 4-) 0 ' 0 b) u •-I •HI A o a) HI vv) Na) 0 _3, A . -I 0 0 ,Hd HI.0 P -N N HI 0 0 d .S1. C A H Pi 0 0 a) H 3, ->, A p 0 •(0 � 4. co •..N b1 b) °b) ctl a) 4-IN 0 0 HI N H u 4 a w aa)i a t° u 0 _ HI O S -P :44 >, 3 N 4) -x •P d o 0 4°HI - fd N •Hi q -. •.i 3 0 q H H 0) 44 q P ro •Ha ro '0 3, 5 a 0) u tn N 44 Y a) •HI a) HI 0 444 0 0 a4) 0 n Graffiti didrget"painted on the boulevard side where u 4 .'0 b -P 0 0 q •I 3 a-) a) A� a1 N H ;0 a') o ai •0) O +) 0 3 -) a -I A mrd -3 p 4 ro 4.) O -a1 a) 0 44 4) a) N 3 3 ,o H A q ro • • 1, q aa)) b 3 ro 0) o d m tn u G aa)i w We're tired. We're tired of looking at it and we just ro •0 :0 to A - H -• q u H 3 b a N 0 H .d0 N m 01 m x cop N 0 .' .A 0 0. m A atu o O 0 H :0 0 .0) ro 0 o 0 a, A O (-0o - x w a o O .N� E H N N _ton a4-) C.)N P, H. .4a° 0 41 HI o 0 0 en 3, D •riHa1 CO n• H o x b q 4) H t U H m d 3 .0 o - o 0 a) a) a) ro •0 0 0 3, 0 3, o ro HI Hd td 44 ( a, 0 4) N 0> N cad a°) n ate-) g1 k N HI N ('l c 0) lO (•-• w a) 0 HI N 0) v 0) 10 r CO 01 0 HI N CO 0) -4 HI 4 -4 .-1 HI HI HI HI . N N N N N N street and I look at that mess every day. I presented at weeds and the graffiti that I've been looking at for the 0 . 3 0 N 0 O H a) x u 3 •HI 4-1 N 4-1 •HI Id a O a 0 ro a) a) HI O 0 A tP ri,. -P o ,C +) 3 P w q N a-) a) 0 3 iI ro 0 0 P + aa) U 0 m v, ° N a G 4--) 3 ro w C q o C +. + w 0 0 ro a) 0 zi m H u a-4 O '>, }) HI 0 •HI ar 3 H A. aJ _ AN. 'd u 4-1' !P A 'Hi 3 a) u 44 N 1d b G', N u C 44 q a� HI p ro u ro H o co? , ro 'd is a) o CO D A P 'd C ro P; x 00 b a) HI q 4 Hi a) a) co co H I a) T7 O N N q a) .q m .Pu ,C a) a) 0 HI. �1 a) a) a) 3 0 to HI o q 3 u A o 0 13 D 3 Is al 0 o u 4-1 A m o (a p P O o co o co a) ? a a) 3 q s q U a) S O a A D, N 2 o A a) H q O nl a + O ro O a-) •O }) >, aP 0 u O O ro ro H to N 1N q dro 4a N q b) HI A ,o° Pa+ A .CHI N -) q o 0 o D •HI ro ro •H1 44 P o o a) N H ro O • I '0 O u a) 3 4-1 b) 'd 0 M° v) HI o O a) 0 H. u to .q O HI O O u Hi q • O 1-1 40 0 4) a) +) +) H O w a) (ao a) +.1 ro b a, 0 Hiu' C q ro u) C.)O R, - D N U o •H- A x al 3 ro 44 C 0 ()I a O x ro u ro 3 3 o C H to o .H1 '0 Z w w .0 ro rn O w O ro a 0 I •0 0 u a) tT 0 H '�, HI' 0 0 O H. o m N > C is 3 C q H�1 a) x t o 0 c.o . Mt 0) 0 0 x •HI O 'd Ha a) .0 H-i'. HI a� In q 0 u x a) 0 ro G a) ro a) 4a 0 H ro a� + ro 4-1 x v N 0 0 a) ro 3 tr o O a u to o 3 u' D o o u to 'd w C 0 0 0 ›, u 0 o 3 2 Ti zl C 0 0 H N N •HI .HI 0. a-)• a.) 0 H1 N 0) 'C 0) \o r co 0) o N f,) P 0) lD r CO 0) 0 rl N 0) F Ill HI Hi HI Hi HI Hi H1 .0 HI HI N N N N N N +. •HI ou 0 4-3 3 0 A•N .i 3 A fa a, E M H ro a) -)4) 4-)0 00 ro 0) N q 0 0) 3 1 0 A N 0 0) 3 A +) 0H 0 a a 3 • o '00 30 b 'a a 0 a ro a) H a•) m m 4-3 � ro Sala H a a)) A 3 b ro a) 0 N OA b 0 strong tenants right now that I think will service this o 0 m mi 0 0 A i 0 0 N m ) 3 0, aa)i '0 4 4-) a- 01 O 0 > A •On 44 +)+1 Ha) H a, fa, 0 0 0 •.4 ro 3 0 0 3-1 4-)b, ro RI +) H a) '0 a A 1°u' roAo4-1 •0 4.) TS 03 14AA roaa a'0 a) 0 x 4-1 +'.) 0 � ,4 0) ..4 3 0 [ .� 0 , '0 W o a) 'd d 0) 0 H m 0 N H en •rtl1i m m H >, al al H vp us +' 'a) •4 b H U N 0 rt1 q N 44 p) a4-) • 0, PI N ni 3 >•) H H ( 0 0 H N O 0 3 m U1 PI o a) m a) 0 a, 0 A 4. a a) 4-3 0 3 H Pi 0 +H) a0 m rn N 3 So again I would respectfully request that the '0 0, H0:1 SA '.0 H 0 O � d 0 m m m A ru 0 H0 n b en V-1 •0 0 4-) ?G 0 C.)q� HIN HI 4 s0) u a) 0.3 0 A 44 0 m H 3 R, 0U UO) 00 E an N N )m-1 0 0 aa)) E '4 44 II al>+ • 0 00 •000 H '� q 0 0A b rts a ro U a, d `N E' U 0 a N q 0 0)g v H R n �i A m 0 4 ro 0 o U 0 0) r0 m 0 aJ O 4HI b 0 C3 fy' aJ H N •+Irl 0 0 w a) w 0 •rt mean are we talking 100 people, are we talking 200, are we r-I H o '0 N � CO \ ro N > N N \ H z O oPI H O EH ro 0 w O 0 a H o ri a N O any N H 0 1-1 ., N ('4 C N lD r- W N ,-, -1 - .i rl 0) CO N O 1-) N 4') vP u) N N N N N N H 0 (11 Sa .0 0 ro k U ro 4-1 0 U O a) k .H H 0 O 3 0 0 4.1 ..4 a) H ro 0 • thoughts on what you've just heard and any closing a, 0 U) 0 N r•1 14 a) O •r1 4-) v '0 a)) 0) 0 A m a P7 .i H 0 a) 0 H 5 0 w ro A U E O rn 0 N a1 >, [ a) +) . m a) +) +4-)O 0 0 ro a a-) U 'ci 0 o .61 0, 3 344 0 ro b 3 4 A H 0 Q 0) +) ..k A ai O 0, 0 H A 0 0 x 0 � N N +) CO H U aH) 4-) 0 41 3 0 O A H a site that needs to be eventually redeveloped and that's w -i a) a) • H a) w 3 +-) ai U b ))0 a(II) • A � b 0 a, 0 u 0 0 O aJ 0 0 b a, a-) ro 0 W Fa' ) 4-3 sal) •Ai A 0 o H .0 (0)3 0) ro N 3 P as if they are taken care of and that we're trying to do out there a few weeks ago, but we can go out there again just to make sure that the property is treated as best as 0,o A 0 A a 0 H 3 •3 0 3 3 A W 0 to N a A " O +) a) (0 0 3 N N IJ RI {4 b 0 0 0 0 HI 4-1 C.) a) A m a, N +' U d ro 0) 0 H. a) A U a 0,4-) 4-1 A TS •O 0 3 A 0 0 0 As it relates to the sidewalk and the speed this project As it relates to serving this part of town, I respect the fact that it is an underserved part of town r, N m P U) lD 0) CO O, 0 H ~ `"i H ti 0) m NNNNNN All right, thank 0 4) ',,.4 0 0 ro • u') •.4 m 0 0 ,0) Q a) 0 0 N 4) a • m N 11 4-) o q 14 ..'0 4) >) 1 3 0 o g 0 g, ro ars H HI H a) H 0 P, o) 00 m A -0 H 0) a) •.1 F N H M H a N 0p.i00 o .0a a, U 0 cn 4 1 a 0w 0 .4 3 o z o 4 H al � N 4 ro �H,' H 2"' H 3 3 50 0 0 a -•1 0) a) 4-1 a) u t u 0 w N a m a) 4) AN 4-1 b) 0 to • 0 '04 4- ,..H 0 • HHI I- 0H U b --•� td -� q :•�-I 3 OP 0 it 0 ..- 0) .4 ' 0) A 14. .1 0 4) . `4-1 U) '0 0) • I 44 4) „.0 'd 0. ' A O 0 ) a) 1a H 3000 r-I 4N.-.1) H 0 N $4 Fi � U 4-)-) • N .44 N 3 N '04 0 A 0 0 0 .N 4) 0 - 0 4) «-I N N CD _: 4-) N - RI 0 N a) 0) 0) 0 RI .. N co .0 ro a) A 4.) 4) 0 w .N N CV 4" d 3 A k GO ro rA "0, -.4 4 HI m 4 ro a) 4 N • a 0) a) d 44 N z O H a) . a) 0 N 0 .0 � 0 . RI ' 3 0 4) 4 c o 4-) A •�-1 .4) a) 0) 0 a) : ,' a) •.I O O -'4 H 4) ro 44 3 N .4 ro o ...„0 s4 1 0 ro 4-, N 4,) 11 .. 54 "$4 - 0 ;p. ro • I- a) -. 4.) 4) U) N .H . a) - b) )4 - A ro - 1d u) ..FI -.b b) +) 0 `0 • 0 - 1-1 .H 0. "w •..-4- N o 0 a to N. 0 0 44 a) I ,0 ` 0 a) . o ' 41 o 4.) 0 4) 0 >1 0 t3, H .z _4 • 1 0 a ,.o :3 "0 0 _ 0 - 1-I 0 ri 0 4) a) 0 D, A a1 4)z ro N � .. 0 ' q -P :.':A +) +) z oar 3• o 0 0) n 0 a. :3 • '�, 0 .NI 14:( 0 q _a 4 01 �G 4) -4 a 2 0 N 0 A N H 4 a) 0 N .n N H • U) a) .0.0 1 N HI �O +) •N - 3 CO p T) .I :H . �y _.N m y • ul ` ro. 0 0) A b O N . O .FI a1 0 A 'A 0 a4 4J 4-1 a) 44 3 •-4 0 • HI •.1 0 O 4-) 14 .>, 0 -.4 N 1-1 ... (1 4) .+) :a) co H 4) 4) ro '0 4) a) •14 - a) ' U) 'a-) H ro 0 .4 O. 0 0 0 04 0 0 tr a) N 0 0 .d 0 to 4-) a a) p4 -ro 0 RI0 0 '0) �0 0 • o 0 -.I 0 A 'n •1-1 0 44 O - 0 •.4 +) :H a) H 0 u) '0 .•.1 0 0 4) ›) _ 1-1 HI' A .-4 0 HI ••-1 0 b A 0, A H rt $0 0 0 A HI b HI )d •N 0 •.4 4.) 4) 'd 0 ,pa H ro {+' b N 0 0) HI N A 'O a _. $.1 "4 Dc -0 00 •14 a-) a) 0 -. 14 '0 .00 4-) 4-1 4) b a) A a) '0 Hi 3 0 H N 1•1 C N 40 N CO 01 0 H N M C I() 10 r co 0) o H N t`') V' IN H H H H H H H .-1 rI H N N N N N N Just total of people in general? 00 ro 'd a04 0$ 4) H ro H . 'd ro 4J 14 N 'd 4-4 a) � .0 q 0 0 0 N N rt1 a) •11 0 1.1 44 0 ro 0 4 4) N '0 0) 0 0 '0 0 ) N o 4) N w v N 3 m a) H 3 Id 4 •n 0 rd O A 0 a N u) H4 N 0 -' N 0) 1.4 P,. 4 q 0) bi 4) 0) b 4.L) H N • 44-) R,. ° 4) 0 •.41 0 •� W 4) 4-)'0'd A a) a) a) 0 '0 4) N a) a) H p q{ A� p a o 0) 0 •0). 4 O N •,4 44 44 10 0 H A A 0 4°) N P+ F, ro a) 0 a) •.1 H -N' H ro '0 A' to a) a) H 0 •,-I p H 0 ro H 0 0 A 0 44 0 4) a1 0 0-. H 0 4-1 0 0 •-1 a) u) 0 u) it N A N cn U H 0 0 H to .00 HGGG�� ':.1-) LEI 3 44) O �i 40 ul +) 'CS 0) ui ro •.4 0 •rl 0) a a) N 0- •.i 4) :- 4 H U) v) o 4.) H N •0p 0 3 0) o • 4-4 N. H 4 RI •.4 4p. .)) .W44 4 N 0 0 u)) l 4-)' m. W 2 W l4 0 U 04 z H 44 a) f~ 'd a• .4) N 0 (� a) 4-)al 0 0 .4 0 'd 4-) 14 r.0 H ry' a 4-1 H a) 'd 4) 3 ro L4 ro A co q U) a) U) N 0) 0 ro D) 0 co a) )4 '0 cn 0 x u A N R -P ",L H z d 4) a) a) N. ro 1.1 0 '0 a) 'i 0 p E (T D 4) .-ro{ a 4 a°) R, 4a .�-I o N WW p q WW 0 0) 4) 0 0 A a) •.I 01 0 4-) 0 PI P4 O 'd x k H A .�-I 0 A 0 A. 01 D 3•- 0 0 M• to _ aa)) 4'1 emu) A 10 4)) 0 RI .4 .Ti. 'A ro b 0 .4 to A '0 IAy 0 o to A N 4') 4-) b 0 4 0 7 00 0 .N ,C ro •.I a - ›.. to 4) 3 a -1 a) rn s to Staff to hold your feat.to.the fire. u) 14 0 a).0 HI m H 0 04 \ Dao 44 b H HI 0 W '000 H N cn H H 4) tern E ch a) '7 E4 OV O 9 i, a a' u H O 01 a d 1z a As , O O # 0 H Q cn O Z H Z H E rN 0 cn ��77 °a 0) OU. .obi 01 4-1 O .-I 4) 01 a) 1-1 0 M N N ,.). C N b r 03 01 0 H N ,.) P N )O r m 01 o H N 11 P 1() H .-1 H H H H H H H H N NNNNN I '0 a) 0 . 0 +'4) H Ti b q 3 w ° 0 w 3 +) d 44 '0 0 14 04 N Aa 0 ,q � a0i ›) 3 0 u u I G 0 A 4 al a) R, +) •H 4) b 0 4-1 °o 00 aa)i 4-) '0 14 ro b 3 o a m 3 u 3 m o u al -) 3 :a co 0 x N aa) U (4 00 00 {-) 4°d 4-1N b Hr41 HI ro r �, v° fa°m a rop m 4.)) b a) HI A-, W a) ro 7 qq G'. H 4-)0 a) W 3 4 b 0, N H ( 0 F N 4 1-1› A 4 ro 0 .. E N • r0 U N o a) n 0 3 u 0 4 0 D •tea a 0 a) a) 34 +) 4 W Ti W 3-1 0 01 • o 4 o, al .1 e 03 m ° 3 H u� a) a) ro o N ro o al 3 w H 4J .4 m P 0 v 1 3 H x 3 N A o [ 0 ro W HI 0 0 4 0 3 y3 a) +) 0 u y 0 ro ro U N H .4) a) W 4 ( 0) 4) 'C0p03 0 H 0 0000 4-4 3 4-I a N 0 10 a) to 0 q 0,U 4 ) ro 0 4.) tti F., HI •0 0) 4 d .4 0 1) .4 HI 4 H 0 3 a) 4) al W 3 H N 4) H al A, N I really believe that you have to let the locations o ro 1° a)N ai 3 m 1 Q o 3 a) A, P .a 0 A 4-10 0 3 A 0 N X U H O 3-I 4-1 HI U 0 • 4-1 to qOq o • C q 4) W ra 0 m cN [Ti 3.4 Rs o 0 �' 0) (0i ro a 0 ro 0 � o a)alm N a) ° ro a) N +' 0 PI H 4-) U • 3 0 ro 0 n-I h 0 o 2 A P H +) •[ •�i N P, b, .°u Or H 01 8 O ) ' o • 4-1 +°) w° o U a° C7 8 ggaw c7 A r�I N U N b o ri D a) 0 H O A O 0 i"r U O N 3 •rr1 ,•I as W W a H C a) a cow 0) a.) 0 0 ro co NOr a°-) 0 •l Wtd 4-1 H OH 0 4 ° O N g a) a) H a) 4) P 0 04 a) 0 H o Cl) HI 0 ro 4 p 0 U N rob 0) 44�) ) C O U 0 .4 .0 0o the 16005 H N f4 C to l0 r. co 0) O H N M C' 0 0 r 01 0) O H N f'1 C 0) H H H H H H H H H H N N N N N N a) ,4 a.) 4-4 4 0 x � b N 4) -.Ci 4-4 N 4.) 4 0 ji' U ro v m m u v H rt a w (10 H 0 ( W z 0) HI 01 U •- ° 'd HI as 10 N As it relates to retail first and foremost it's the ingress/egress that is also impacting the ability for tenants to circulate. I know it's a very sensitive talked about going through the last meetings for this 'O ro (4 0) 4 project that Gateway; you're not going to have egress off of that. So that is a very big contributor to this issue, having the inability to access Gateway. The the back and that was kind of a nonstarter, so we are very a) 3 4 0) ro 3 0 U •n o ro n H 0 .4 0 4) N ro vo 0 ro 4-' 4) 4 3 3 4 o , N H al '0 +A) 0 N q a HI 0 0 4-4 0) 4-) alternatives as we went through before looking at trying to expand the retail side of things and make it elongated. are we actually talking about? We're talking about the 77 ro 0 u1 0 • 0 0 co a) 0 U a) ra al A 4 m W • .4 +°) 3 (0 ° •1 0) +) a° W W 0 H 3 E, 4-3 II retailers that we have to identify space for, that we have H N M P 0) 10 r CO 01 0 H N (0 P N 10 r CO 0) 0 H N m cry 0) H H H H H H H H H HNNNNNN to create space for them that would be of interest, and r-I H ,ti N ro N D N \ H z 0 010 H � 0 �4-) H ro E 0 N 0 �a HO 0 Lntl aH 44 O U1 H 0 a N N a) a) ro 3 0 0 u ro 0 a) rn rn A a) v q 0 .4) q 5 0 access. It just doesn't have good retail access. It has good office access, but it doesn't have good retail access. 44 ro a, 0 X to 4 H u a e ro 0 HI A v" . u 3 ari A 3 o 0 .4. u)i v ro 4-) p years to lease that, but the good thing about this request to add an either/or.to be all office"for a tenant or at 0 ri 14 4-) 0 4-1 a) ro H u m P m H , p A ro v 3 tr o roa) 0 N m o N A A 4-) 0 0 m 4-1 ' .H0 44 a) 3 q) 0 there's still a potential.for good retail there. R SAYOC: 0 0 v v a) u 44 4) H ro H 41 ro 4: 0 0 1n 0 H H . 0 to co N 0 a) 4r1 0 0 4) a) ro o' rd v It was actually brought.up by Ms. Despars'who spoke, and so co 0) N .I 4 .P - t4 n. a) o 0 •4 ° 3 41 0 t+ a o 4 v Pa ' a b .4) '� H 4) � rp-1 ri 00 a) 3 A ro A A >, F '4 N 'b o LH H > 4 4-10 q H rn a) � n° 3 ,4 A 'd 0 4-' z o 0 to N a) d N 0 to ro H. co N 0 0)) >, .•-1 41 U HHI 4) a G w u ° u 3 0 3 0)04 •.4 ro o 0 00 0 _ p •I D a) A H 3 U 14 A 0 b H •Aa .4) 0 q Z o 4) 0 44. 4) a) 0 o: CD d o A a) 0 4) N a r4 0 to 4+ ao- w °3a a) a) P o o ca +) m m 0 a) El 0 4) 4) z 00 4) a) a, 0 _- 4-) o 4-1 W .Q, rj- O .14 N H I0a. 0 H a ..4-) • 0 . 4 41 N 4-4 u H aa)) 4- u a ••i o �u 4 4 0 °w q to to 3 3 H b 4) 71 .al v(0 A H N m C N (0 h CO 0) 0 r-1 N m 7. N \0 h co 0) 0 e-1 N m C N H H H H e-1 H H H H H N N N N N N a) 0 u +) 0 4°-) 0' x ro N a) X •r1 44 H a) '3 0•0 b 4-) a) 5 al 4-) >+` 0 • to 0 +A ti) u •H 0 > (4) o [ 41 'O i' q HI0 o .. >>, o 4) .0 0) 0 4-) a) N p D99ro, ' to H to P 4) w al 0 0 a 4 —I 0 '0 o a Ts a, "� ro .d N 0 0 +' 'O a K almost two years now to try to lease this. -It was up in +' 0 -4 4-) 0 •r0 C7 0 14 o oo N' (4 '4 44: H o xTs ) m N 0 0 4-' w 0 t%1 N 4-4-4 4°-f •rl N A b) Fro4 A N 4) u A 0 a H 4-1 a) , u b o 0 0 4-4 Ill°. 4-1-1 and also that it is pure retail. We have a little bit of N 4 , 0) 4-) N N 44 g 0 4 U) aa)q) O ,0 r4 1-4 HI 'O 4-) H. .P 0 o rd � q trot 4' N -1 o o m A a) •H C a) •r1 4) 0 cf 0 0 u 0 a) H o .0 ,n H1 a) 4) 0 0 a u A H o ) 44 4-) ro P al e-) w 0 tin N d v 0 a) pi ICU 3 w 0 • roi A aN a) . O. + q H 14 4)- o ro 0) lT F' o ,Ti b b D 40 a) G a) 4) o 0 o N '0 U 0 . �0 H 4O' N' .11 v) ,z >, m a) lr a 4-) H p• ro a 44 o to o 'd A. u —I 0 H0 0 0 •- 3 m 0 1n 0 0 '0 b w Pa P A +ro' (' H +°' .q o w 0 5 A a a.1 a) trot N �� tro7 u. •rroi 4-♦ 0)) 4`-1. 0 b..: o +A) ro A OU m a) 4)- '0 H. A) 44 a) 0 'l7- Hai a) O 41 4 - RI o 0: a) x ro 0 •H u 0, 0 1-4 F' .L1' H ri 3• ?C t: .C; •'4 H o 0 a) H a) L' 4': ro a) U 'O o N o •,-i b+ ._ �. >,• rl- ,� i� q rn ro o 0 47 .r . 0 H x <r 0 > ro )n A A w u al u u ro a H. +' aH td • '0 •�. 44 0 p,- 0 b .-I 0 w 41 0 H 4. 3 al o A ro 4-' al a) .0 'd- ro •4) 3 0 ,k 44 1n 4-) .0 al tl a) N 5) 41 0 1,0 41 A 0) V) A a) u to p H A ,k 44 a) ro v u: d � •Ni ar C 3 0 - 01 4 v 4) 0 ) A ro ro ro- [ w ), > ro a o q ' o' 4-) e) o �, . 4-) H A° A A .-i 6, u. al o 4a ,1.," 0 0 0' a-' O 0 ro 0 4.) A 0 0 m -4) r0 4 0 H HI 0 zi o u 0 o h . o u 0 ro P ro a) u ro •H ,x O.. a) a) 'tl 4-) a) a) I> a) 0- +' 4) to 0 .k b) C 0 •,-1 0 r-1 0 0 0. u. 0 0 a) ro 4) A-' w 0 w '0 aa)i ( N 0) t-. 'd 4.) a) 4-1 d 4-1 0 41 - w• (13 0) A 4- 0 0 'o 0 o •.•1 o 0 4-1 c) U •rl 4.4 to n) 0 -.i N N m C 0) ,D h CO 01 0 H N H H H N 10 h CO CO 0 H N mIrrtf) H rl -1 H ) H N N N N N N 4.) b 0 N ro ft 0 .N 4 O 4, )n U) 11 4-) WDW the options. If we have a quality building and it's going 4-1 H .4-1 0) 0 O, 3 4 9, 41 .,4 4-) 00 a) m rn y, 0 4.4 0 .[ o 4-1 0 .11 N A4) U) 4 HU 41 (I)N N ro w 41 ro ro• 4) N .14 00 8 N v w 0 0 m m 0 u q I,0 b 3 q A 4) RI,4 u) N N0 0 > RI 4' °0 A a0 0 N 0 +) Ra, 30 " A 0 C U O 4 .0i 0 N 0, N N N D 0 0 0 14 0 .r N N p, 11 b) .a N O PI N P A N 0 4) D, 4-) 4) ro 17 4.) rtf N 0 4A) •4i 0 4J A 0 H 4 0, 4 -p 4) .4 4-1 1A) U 4-) ,q across the board. But the development in general would accomplish that. 0 4-) 34 • 4, H .i trt�i 0 4-1 ro N rn ro H provide that. That's right. U H O co +) G 4) .4 0 .(-1 4) 0 4) ro us H 0 +) 0 'N H 00 4 +) 0 '0 b) 0 �, o N q0, .M H r o .O 4 m 44 H N y O 3 COm 1'1 H -0 ' ro 4 N N 4) H 0 � 0 ° b A O 0 us H 4-) °� ''"' N 7�+ PO 1]) 0 U) N 44 D N 4 2 a O .4 N 4 O H H b O m RIo 0', `0 C� U) 4-) n a 4°) -1 N 0 0 0 3 CD 0 o FC(13 a o f.7 0 0 4P 4.) ) t(tl 4) H U 2b N 0 4-)A 0.1 H 0 3 0) 0 P4 Y+ O a) m 4 N m •-� 0) �k "'I +A) 0 � q H 'd $li N O O JJ N 0 '4 vl o ro O H U U 3' b 0) o N +) 'O a 0 0 o H v rd 0 0 4-) 4 O N 4.)) H N k5 3) o .i N m rn N 40 N CO 01 O rl N m V. N ,D r CO O, O H N m p N ei `y H ti '1 H 0) .-i " ri N NNNNN N 4-) >, o til 3 4 144 4 0 44-) 0 0 4-' x S o a 4 0, U •�4� 1-1?, Hi o HH N .al 0 0 'o p 4°-1 0) as R. N 0 .,." 4) N H b, at h ro 4 0 a)U U 4 a, 0) A) P: to A 0 4 4-) 0 . 0) •S 0) 0 0 ,W� .4 4 c°n 4.)) H A A pt E a, 4) a)c4 N PC3 Ai x 0 0 o 0 a0) 0 +) 0 2 A A U] RI ...0 U 'CIH 8 z H w b 4J H 0 3 D�] z •HI O 3 0 H N O H 4 3 b al 41 N ro N N 44 al,03 41m g t that, and that's on page 4 of the Staff Report. As a 0 4) 0 .0 4) ro U 4a 0 4-) 4-) •$41 N N m 44 44 ro 4J O) A a-) 4 0 .H m 4 0 U N N your PD will allow the property to be developed, which will m 4) 14 • RI0 RI w N . .[ 0 ro On. 0 4' .,°i o 3 IN 1-1 � .•4-I ..l W R Ts g 3 4) 0 8 0 O o x -4 o En � 1.4 N 0, 0 0 0 4 4) N U 0 -4 N 4 5 D N u)) 4.) •r1 A 0) 4-) ) o N 0 o '0 usH m 4 0 Mt N 0 H •.� Q z ro RI 4 0 4 o 31W N 0) 0Y. N b H W N o N b14 00) 4-1 i H p N 10 you're talking about? It's on page 4 under +) 0 A 0 O U d) U) 0 N O H 0 W O 0 W04. 0 2 RI o 0 H 0 U N O G O .4 4 U 0 U "The modification will allow the property to be developed, property." So how is this a viable reason that we should grant this to you? ,H o O NOD 00ro C N N \ O(0 0 H N M O H H ro C7 0 m • a 0 H N 44k 41 HI LOS GATOS PLANNING rn N c ul l0 N CO 0) 0 HN m C N 0) r CO A 4.) 4.) o, o �i 0 al U 0 a) '0 o N o LDS N •,-1 a A ro o .-rol w v° ° W w 4J 0 S •9 a) u w o v a A z H 1 a) o o co o w u, ro N S u .- ro u' ro roo au4-, i "vw Cs. ili o A u m ,: co) HI 0)a .� N u m Am' m =: 3 m • o 0 r1 au 4 m 0 u U u A :: > q + + ro a) o a) v) 4) a) _ 1 0 0 a) N H .P a 'b •.-1 H u :. q a A o D b• H 0 0 0 0 (1) :• ro N 4) . ro G N N N MI 4-)ur o 4-) C..) w > MI rl A (I):'v „o _ N u 0 i 4a ; a U N 0) +) M w . o 0 a) - 0 v A 2 H a) w a) 0 bl 0 ro a) . A •r1 4-) 0 0 00 a) 4-1 0 a) > +A) (9 A 4i '0..-1 o A H 0 ° m •.01 U) 0 0) H 0 ro o °� o u 0 m .a) A H .) .. ro a)- 0 0d a u 0 a ) .i H A _o 0 ,' '0 -a) 07 a) 0) u =• °u 0 H 0 N N o a H a ( 4-, (C, z o O a) H 4-)0 H H rd .o q o U ro '0 OU m 0 z a) a.) ro •. 4-)ro RI0 H O N U] � •y'4i O t/l ro..49 a 0 aH a +-' 4• :4 a -)CD 0 0 0 0 CO."' (I) ca . co . o a) v, a +) z x 0 w 0 m C.)..a) M U o 0 4.)). 4-, - «-1 a 14 a) A+) 0 +O) u fd 4-1 0 A ro a d ro v) u o1-1 w u .ti N m d' U) (0 r CO 01 0 .-1 N m C 0 N r CO 0) O .-i N m sT N - .-( .-1 ri N N N N N N construction costs. I've been working on getting the lease and all the elements of the lease, at least as it relates 14 N P a) • w 3 y 0 0 a a) 4) w 0 a) a, 0 0 a) a1 3 H 21 A .) far along that way, so we're very close to,getting that al >, rd N a h °N a) ':U 0)4 M R 4 A - S 0 H al 0 o ro 0 '0 0 N o w 1 3IV o >, rb i a) N o 0 A u p u~ 0 .0 0 3 u m )n w 3 0 m 3 H ro co '0 o 0 34 U. N N o 0 0 t1 c H a) p, ro 0 r0d Wza ,k . N 4-1) •.-J i4-)0 44 3 A o H � uu)) a m N +4) > ,d A A 0) a H 0 N 00 4 N 4.) .4 0 H A [ N ro A _4 44 3 10 that we -actually have for the project is open to actually 0 ro q AA lro 0 n 0 R, •.4 m u 0 0 H a) N 4( a) 0 HI w ro q 0 0i 0 '0 a) e m R0 HI a), once I -actually have the approval to be able to move a) o w 0 0 >, ro H r1 a) 0) 4) m m m A 0 Uro 3 0 MI� rd m 0 4.) ) 0 rl 1'S N ro H .N U A 0 Lam'. a) H 4-1 N •.i N CU o A co a auN 0 a) ai •..4 H 0 N N 00 . 44 0 0) 10') a a 0 '0 Z w 4-,+) 0 rd � A G .A A 0 ai 4) 0 °+ .0 D 0 N 0 CI)ro ro m 0 4.) 4'0 N 4.)) N H 4))) H '0 b H 3 4) C Q ro 0 0 0 .p R. o N 0 0 4°I '4N-1 0 4-)) ,A 0 ri 0 O CO N z 0 H 0 0) 0 U r1 N r m 01 O .-1 N M c N r CO m O .i N m v' ill NNNN' R 0 4-1 •H1 o U) a) 0 H al a) ro v 4-1 )i )-I 0 N c, 4 0 4-1 a) 0 >, 4) a) o w ro ro o } a) 0 4) +-) A 0 0 0) 0 H ro ° 0 3 u m 4 0 'rod d 3 U 0 0 3 H 3 ro 4 H N in >, 4) O A 4) o �7 • ro 3 A w U 0 +) a) ° O 00 0 0 a +� h 0 m ro a) H-i 0 o 0 H p o •ri 4-1 H ro 0 D, 4.)) b Na) potentially that should be. Should it be retail/restaurant 0 4.) b a) ro H ro .9 4-1 Hi D a) A '0 0 0 A 4) ro 4A) 0 .H1 4) 0 0 a ro 0 ro 8,500 in the first story leg that protrudes out to Los Gatos Boulevard. There were also comments from some that I think if they had a best -case scenario they would hope that the whole ground floor would be retail. So I think that in +) ro . 0 00. 0 0 '000 ro 4.) m a) v, ro qq a aj 'd .04' N O 0 .O-I Oaa)) W 0 °•ri 0) 0 A a) 1A-) N 0)HI o 3 0) 0 - "0 a)4d A C A A 20 14 0) x 0) coH 00 N }0-1 0 u ro CM ro 0 4.)) 4 0 •H°I 0 g. 3 p w 0 4.) 4.4 m 0 0 w v 4 N ,A 0 4) 4-3) H A r{ 'd m x • 4 0 ro �xW7 � • •EJ •P N A '.4 Oro) • 4 0 0 41 aH{) a) i-) x N }) }I 4) PI 0 W 0 '1') A 4 b H .G O 00 p Wa 14 .1 al �) .->1 +) •,� •H • y, 0 0 a) al 4.4 > +HI W H N 0 H y�H�! o +) ,A 'd 44 0 cn 0 R. M p 4) >, 0 a) 4-4 0 ,N q • 0 to C.)U 'ri 4 3 b - •1 H ° N 00) 0 0) N � 01 SO 0 N 1,-np1 0 aa)) a) 01 a0i ro 0a 'd d a) 4 H +.) � w ° a A) e 4A) 0 a question. So the Town Council took action that says that Hi H-I N N FI ro CO N ro d z 0 O H N 0/'o H ro cn 0 U (9)a H 'Os a, 0 N O El U1 ro cn H 0 C U) (0 r- CO 01 0 HI N M P to Hi Hi HI Hi Hr - N N N N N N Absolutely. 0) . a) ro 0) •HI ?4 Si o � o a) >, N H ro 4) H N O 0 • 0 aa)) a) 'd 04 N A o m aa)) 0 •HI )4 03 4-4 A al N 00 )-1 H b 0 q 0/0 ) H H4-)G • 0 ro Hi a 4 4) 0 rd DI 41 4 W •HI W r4 w� 0 +) wa 0 , ro z z Q1 cn Q co cn M a) z Pi 41 O H �] W5 0) (4 E N U )-I U r° 0 OU .-I 4) a) 6 you correct, and it isn't always correct, at the Planning approval, but that was not related to the specific uses of the property, it was related to other kinds of concerns that the Commission had if I recall correctly. 0 a) 0 41 H •-44 q 0 a) 0 'd 0 H 3 0 m fa O a) U a) a) A 44 U 4-1 0 b 0 W ca.)) A +) Aro )-I N 0 0 al 0 rdi •wi � HIA 'd 0 ra 0Z is 0 0 o 0 Wx W 0 .'�riA W ( 4-) CD in -HI •° ai 3 0 a) 0 0 N A a) H 3 ro •H 0 Hi 0 0 H A 01 N N ro b ca SA ro d tea) 4) •HI H0 cn q A 0 A H ro 0 4-1 W JOEL PAULSON: square footage related to either retail or restaurant use ua +) m 0 0 U 0 IA 0) RI(0 0 ro R 4°) m A 0 01 N 0 0 SP ro a ro N A 0 0i •HI 01 0 LH ....I 4-1 ri 'd al o •H R a) A N R R. N +.41 d 4 4. 3 4) a) " 0) 3 3 1-1 4-) ..)) 3 ai ro H0 5 U 0 A 0 4.) 4) 'A U 0) b 0) � 0 Hi O d N )a ro N ro 01 m 4) z 0 oPI H N (4 O cn H ro 0 u �a Ho o aH w cn 0 4.4 cn H O HI N M 9' V) /0 r CO 01 0 Hi N M C 4) 10 r CO HI HI HI H HI HI Hi HI 01 4 Ht H N M C N NNNNN (,) 0 O 0 w E, .) a) .4) N 0 a, aJ o '-" 0 H 4 N -O '0 0 5 •4) 0 -4) 0 rd COMISSIONER JENSEN: the following: "The first floor A rd 44 m 4-1 o 1 X 0 0 0 rl 1 0 U $4 q 0 N o ro N 8,500 square feet. of retail or nting on Los restaurant space in the single story leg f 4 O a 4-4 a) 0 PA (.0 ro m ro 0 >, N 44 N +) A H '0 m 0 4 0 w 0 0 m a7 +) 0 t 4-' . 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N 0 ' _ 0 H N 04 01 0) 10 I- 0) 01 0 rl N N C 0) 0 r 01 01 0 .i N M P N -4 .1 -4 1-1 r1 .1 ./ .1 .-I HNNN N N N the present uses as specified in the PD Ordinance are ' 4 0 D m m m ++ 01 0 a al 0 0 3 0 4-) a' 0ai a) N f •.I A 0 ro 14 A0 V 0 0 .Ni` 0 a) a, 0) 0) Li_, 0 0 0 ro HO•1-1 . 0 '4-10 01 0 N 0 0 qOq a) A '0 ro. 3 0 '4 '0 0 q 0 .0 .0 A 3 a a)) 4 .-ro1 0 W H1 o 0 w 3 0:. 0 4-)R a r1 a) 44 N ro +) a) ro 4 N 3 a) 0 '4 4) X i) 0)) 00 .71 -4tn A U .0 a) 0 0: H 3 3 4 w .-01 • 3 0 q• a) .0 4-1u 0 3 N '0q 3 4-)X {�) r1 3 3 U 0 0 .0 b N •.4 0) ro ro e 4) A 3 m 3 0 >, 0 c7 .4) +) 0. 014 3 N � 3 4 0 that PD? 0 .0 1n X U a) w 0 0 poi D U 0 N 0 m a ro o 44 0) I 0 O R, w • ro 0 0,1 o w tea) D N +ro)•d, .{ N N rttr' A After this approval there had been.I believe_: the building N 'O 0 ro ro 0) ro 8 0 m m b al a) b 0 0 O N a4-) U 0 04 al b 0 A O n 0 +) ro3 c7 -4 w° 4) w ao m 0 N ) 0 0 a q N rti v a) 4 u: w 4-1 +) 0 a4-) 0 Cro OH 3 O H 0 ro 4-4 0 m N 0 a a 0 0 0 3 () '3 a) 4-) 0 .° w currently, which is.lookingto be all retail. I don't think that. changing the use as proposed by the Applicant r• N 0 1. 0 0 .i •.4 w +) 4 N w N 7 4 c a) 0 U 0 r•1 a) ,ryTH y. 0 0 0 a) o b N: 0 $4 O 0 U M .-, N 01 C 0) 10 0- CO 01 0 .i N M 01 N 10 03 01 0 .i N 01 V U, .i .-1 .f r1 .i .1 N N N N N N forward to that as a gathering place, a place to do b) 0 0 0 H -) •H 0 4-) 00 .d 4-) 0 ro TS HI 4 0 0 4) >, aa)i 0 0 ° 4q 3 rt ro .0.1-)r , 4-) 0 HI 4 - m +) 3 N 0 H0 0 a) +) 4-) A 1) N x .A OTs 8 .4 'HO H •H4 a) 4-1 H 4.) 0,0 , 0 H 0 3 3 k 4 N 0 N 0 H 0 4 3 0 0 4.) 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H 3 .4 0 a) 4. 0 4 4 al0 0 0 44 a)) b 4.) a0 31 N 0 N CC)4-)0 H0) A 0 0 0 4) .4 O original PD with this provision. The 8,500 square feet H 4) •.i ro m 3 A H '0 0 ,-4 m 3 0 0 al 4 •.4 0 •0 N.4I o •0 m (D 0) v) 3 N O °1. k u A 0 ) 5 4-) 0 0 >, 44 4 '4u ro )4 4) 0 H •.i va (1) 0 03 0) 3 0 0 N N ro 4 H H 0 not forget that, we've talked about this a lot —was we were 4-) 0 qm O 4) 4-4 0 a) 0 N ro ,a 4 0 ro 0 0 0 rdl 4) 4) 0 0 .4 support from the residents at that time was they would look ,-4 .4 O N N co c ro N N H Cy) z 0 o01 cn H V) co 3 H E C7 0 N 0 0a H O O �r H aH 44 U) o* Ri U � cn H 0 1- M .i N co P a) l0 r CO a1 0 .i N M V0 1() t0 .r4 CO 0) O N M In ~ "'� .y N N NCONN 0 O i 4-) N 3 T) . - 3 ro +� b •.r1 '00 H� 4-1 4) a) N aJ 'd 4-) '0'd 0 O a) -.4 N .. a) u) 0 O a) N 4 u) N 4 >, N '0 a) -u) 0 N a) 0 N fi 4) N - .4 N �r44-� - - - 4-) O) 44 E-) 4 0 4 N N 44 4-) m a) 0) • -4 0 5 0 4 4-) is >, 'd N '0 a) 4-) ( N 4 a) D O 0 H 4) a) 44 a m N 'tin .0 4) -4 14 .4 4) 4) 44 0 ,O. 4-) a) al 0 4 0 'd a 0 is 4) 0) OOP ro 4) •.4 4) 0 0 4) N 4-) ..4 a 0 4 0) 0 3 F' 044 4) >, N N - a)a) N •rl N 0 ro N N 4) '0 'd .4 a) -1-.)o 3-, -0( o w N r d i ro ro +) 4 0 4 b) d qq 4 4-1 N 0 ,4 44 N a) .4 14 qq N 0 0 N FC. a) `� a) O :ro4 0 A U a) uN) b) ro0 W 0 0) a) 0 3 a) •.4 N a) D a) '0 4 •.+ 4-1 N N •.d4 aJ .0 •.44 4 0 -° 'd N - A N o •rl 4.) 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O 1),HN u) 4-1 H is In w P4 - 0 3 4) H (4 H 4' m 0 'd 0q 0 4) Z a) 0) 0 ;J O TS N g 10) 0 '0 .0ro 0 0 '0 o P ro x Ho H al ni 0 - .4 N O a) a) 0 N > u) a) 0 0 0 PI a) +) N N .4 A - •ri N 6) 0 ro a) 1 .0 )tl HI 'd a) P 4) 4-) 44 0 a 4) 44 N A • r4 01 r0 4) k a) •1-1 •r1 4 > ro a) N N -.-I a) '0 (4 4 3 4' 4) 0 N N 4) .4' 4) I, 0 4-3 o 'd 6) 4) u) u4 N .4 0 0 4 N N- a) H +') N N O H 4j.. 4 u) 0.i 4 .4 o a) a) > m 0 0 TS 0 0 i u) .0 o a) 4) 6) 1-1 (T TS ( •� }4 q N H +) '0) 3 H N P •.44 4' •�U-I N A 4) 3 3 o 0) 0 3 0 N H4 0 a) k 0) 4) 0) 4 0 >, -,-1>, 4) 0) (4 k I) a) '0 4) 3 N D a) N 44 a) 44 4) 'd u) .4 N 0101 4 .4 4 N 0 0 N 4 N a) 44 0 4 0 a) a) 4 o 3 '0 3 ro 0) x 3 4 4-) a H A a) A N N '0 D 44 o r4 r4 o.d N CO N CO D N N m z 0 oM H Nrn O EC7 4 w° a° 0 a) H z 0 H rf4 G4 0 0*. cn E O a) 4r,H 0 0 0 .-+ N m c V) ,o r w m o .4 N m m m ,o r m rn o ., N Cr) u) .-i H .4 .V. .-1 .1 .i rl .-1 r1 NNNNN N m 3 4 D • a) 0 3 44 � A .A Uq H N 3 b4-11) '0 .0 D 0 A O 4) r0 o al 3 O 0, •-44. u) 0 T1 .4 0.4 ro to 4 H H 4). 3 a) 3 0 4 H .0 ° 0 aa)) o 0. 0 0 0 r♦ o �HN 0- .-i. 04 is 44 0 lA U a) y o N H a . •r. 0 a) 3 N u) N HN A 44 4A) NH '�d 4rig N N u) 0) •.4 3 4) 0 0) 0 0 N 4'0 .0 3 0 O O a HI 44 0 0 O 0 k U 0 A 0 0` 0) w '0 44 .urI o p_ a HI k •° q a) ro 0 ro P, •'�d 0 444 .. 0 � 0) 4.)) HN _ 4) -I-01 01 '0 4 m '0 •.°I 0. U rt1 0 4 .0 0 4 44 -. 0 CO 0) o 144-1 b 01 3 a 4) 0 •NN 3 H 3 ••0 0•1 a) 4). a) D Aoo 0 us a) 4) 3 'd 0) N 4-4 b, N 'NO 0 b o .°4 - o 0, - � appropriate use for this two -acre site that's a relatively small site, because there would be plenty of other retail m u4 M o N (4 0 4-4 N 0) 0) N N ° • 0 a) k -el .0 0 44 -,-4 0 N 4-) 6) N al N 4-) k H W �y H U O .0 4 � N3 �, 0 N 'D .d. A) (4 O N 4 a) HI 4) 3 u 3 '0 0" Ti b •.0 40 C H4 0 N u) 0 4 m O a) +) 0 0 .,-1 .4 .4 >, 4, 4 I".0 UrN to •rl 4) 4) 4 0 rn z o . c O N 0 4.) 3 •d (4 •-I-4l - H 4) 0) >, H4 al 4) ri u) v! c O 0 u) ro m r�-1 0 0 ¢ N tNn w > ) u' 3 ) k A 4.) O u) ID 4) N a o 3 N U 4 4N' 44 00 4) 4) 4'4-), C7 a. z 3 a 0 k •) 0 0 ni 0 R° 41) , 0 b z� 0N 7 NNN_0 k 'd .4k 44 s a N ur4 '0 •.-I H N N H4 0 4 N N .L'. •.4 O 4) y H EE )J) 0 m d D N 4.) FF4 of ro -,1 0 O 4 ton 3 cn H. 4 • -44 •° '.-Id q 4-) N a) 0 0)) N o a 0 '0 0 C.)-) 01 a) 4-) aa)) N . . a) ro a 0 .00 3 v C.) 0 a) 4-) 3 N ri br a 0 -.4 4- 0 ro A 3 0 Je Cr) a' u) (0 r- co r 00 �{ .{ .4 .-1 r, It A m q-4 4) H o .41 0 3 0 � ro 0 N 0) 0 w HI a P) 0 � 0 HI ro 0) 0 4-) H 0 >+ 'o 0 U $ 0 A 2 + 0 0 N U H N N 4 0 r4 pCG 0 o 0 0 Ul b1 tea U N ro m E ayw N '0 o H 0ro 49 o z IX 4 IN co a, o ro o0 41 0) 0 4 co N u) a) r B. a CO H +°) Pi o 4 N W E 41 4-)0 411 O O 0 HI U H N ro � 4 9 0i al .fa' 0 u) HI v 0 0) (4 FM 0 H 0 0 C recommendation to Council. Ms. Baily, do we have a date for a.) to 90 HI 0 A al H bl q aJ .) >1 ro a) .11 '0 •H 0 0 m U O. Q 0 0 0 ro •.4 'o sa 0 3 w° b0 a) m a) a v U •.44-) m Q A H U) H 3 S 0 0 N 4-) 4-) 41 will be noticed. H o Nco co rt1 N \ H a) Ho z0 Cr4 H 4 O H E (-7 0 U Ur HO N H a N O C7 +) cn H O N �r N N M P 11) l0 r CO 01 O .i N M (0 N (0 10 CO 01 0 .i N M C 00 H 4 .1 .1 .1 .i .1 .1 .i N N N N N N 0 0 0) H a 0 0 co 0) 0 0 v0 0 a) a) 0 that and I think enough has been said. at 15400 Los a) w v 0 I 0 ' 0 a ro 0 014 •.4 • 4-) HI 0 0 of N r44 0) H 0rd HI 0 (I)v Q O 'O al 41 co ro 4-)° a CD N 0) a) 0 square feet of the ground floor space must be a) H 0 ai m •4 ro d o o 4-)4-) 01 v 0 o a) a) o 0 Q a) a) a) Ni a 4,)) 0 ro x +) 4-7 ro .0 0 ro o a) 3 11 )a 0 O H 1) 0 0 4-) Amendment is not internally consistent with the General Plan and its elements. Is that sufficient? That's sufficient. I'm looking at 0 ai U our attorney. That's sufficient, right? We don't need to make findings for denial? JOEL PAULSON: 9 tn 0 E v A ro0I w 0 0 a) co 0 0 ro +HI °) ^00 N ro 0) 0 H 0 'CS 4-) N 0 N 0 0) ro x 0 0 •n 0 U 0 N 0 I 0 o ' H I") .. 0 C 0) ro 41 0 •0 H N CD •.-1 0) O Q I W U U we have to say anything about whether it's internally .-1 H M• ..I 0 0 4-4 ' 0 H E (0 o 0) 1N 0) 40 m m HI W 9°-I z o oIII H to .4 +) H ro ) a) '0 ca N 3 4 OU V) 0 04 H A o z o +) 0 zo 00 0 u 40 � 4) m a 0 MI q 0 4) O la N .4 H 4-)0) 2 N u tn H a 4-) +) a) 0 ro 3 0 0 N N k F 00 0 0 U .-I .4 N M C 0) 1D r CO 01 O H N M C Ill 0 h CO 01 0 .i .I .i .1 .i .1 .i .4 .i .1 .1 N N M CP ill N N N This Page Intentionally Left Blank REQUIRED FINDINGS FOR: 15400 Los Gatos Boulevard Planned Development Application PD-11-004 Requesting approval to modify the existing Planned Development (CH:PD) to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration was previously adopted. APN 424-15-045. PROPERTY OWNER/APPLICANT: SHP Newark LLC FINDINGS: Required consistency with the Town General Plan: • That the Planned Development Ordinance amendment is internally consistent with the General Plan and its Elements. N:\DE V \FINDIN GS\20I 1\ l 5400LGB AMENDMENT. D 0 C ATTACHMENT 4 This Page Intentionally Left Blank ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCE 2175 AND AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH:PD TO CH:PD FOR PROPERTY AT 15400 LOS GATOS BOULEVARD (APN 424-15-045) 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 Ordinance 2175 and to change the zoning on property at 15400 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424-15-045) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH:PD (Restricted Highway Commercial, Planned Development) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1. Construction of a 40,000 square foot two story commercial building. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.60.420 (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, 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. The -first fleshal + Q 5OO Boulev-afe Page 1 of 18 ATTACHMENT 5 SECTION III 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 construction and site improvement construction work 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 Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans) of Ordinance 2175 and noted as Attachment 9 of the report to the Town Council for the meeting of June 1, 2009, are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: 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 the plans approved and noted as Attachment 9 of the report to the Town Council for the meeting of June 1, 2009. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 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, and may be secured to the satisfaction of the Town Attorney. Page 2of18 3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval is required for the proposed building, parking lot improvements, and other site improvements. The Development Review Committee shall be the deciding body for the Architecture and Site application 4. HEIGHT: The height of the structure shall not exceed 35 feet. 5. REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet. 6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit Assessment District for Los Gatos Boulevard should one be created by Town Council. 7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days of the adoption of this ordinance. 8. WATER CONSERVATION ORDINANCE REQUIREMENT: The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to theissuance of a building permit. 9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1: All recommendations made by Arbor Resources shall be implemented to eliminate or minimize the construction -related impacts on the trees to be retained. Refer to the report prepared by Arbor Resources dated March 20, 2008, for details. 10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction personnel involved in earth moving shall be alerted to the potential for discovery of prehistoric materials and in particular, concentrations of historic artifacts. Prehistoric archaeological resources could include but not be limited to the following: darker than surrounding soils of a friable nature, concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire alerted earth or rock) and of course, burials, both human and animal. 11. *CULTURAL RESOURCES MITIGATION MEASURE #2: In the event that archaeological traces are encountered, all construction within a 20-foot radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. 12. *CULTURAL RESOURCES MITIGATION MEASURE #3: In the event that it appears further earthmoving will affect a resource eligible for the California Register of Historic Resources Page 3ofl8 iA:L:vv'::3:1311...4-e (CRHR), a plan for evaluation of the resource through limited hand excavation should be submitted to the Town's Community Development Department for* approval. If evaluative testing demonstrates that the project will affect a CRHR eligible resource, a plan for the mitigation of impacts to the resource should be submitted to the Community Development Department for approval before construction is allowed inside the zone designated as archaeologically sensitive. 13. *CULTURAL RESOURCES MITIGATION MEASURE #4: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native y, American and for reburial will follow the protocol set forth in CEQA Guidelines, Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director' for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 14. *CULTURAL RESOURCES MITIGATION MEASURE #5: A final report shall be prepared when a find is determined 'to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 15. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the geotechnical report by CEG in July 31, 2008, shall be incorporated in the final construction plans for the proposed project. These recommendations address site preparation, earthwork operations, drainage, and foundations. 16. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project applicant and/or Town shall prepare a management plan to identify all suspected hazardous materials and specify applicable regulations that would determine appropriate handling and disposal of these materials. For suspected hazardous materials (contaminated soil and groundwater) that may be encountered during construction, the management plan shall include contingency plans for site safety, worker protection, sampling and investigation, and disposal and remediation; these shall be based on soil and groundwater sampling and testing that have been Page 4 of 18 completed to date. The management plan shall be filed with the Town of Los Gatos and all other jurisdictional agencies prior to issuance of the demolition and grading permits. 17. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If groundwater is encountered during project construction and dewatering is required, the project applicant shall undertake sampling and testing of the encountered groundwater in accordance with the contingency sampling and investigation plan as specified in Measure #15. If groundwater is found to contain contaminants that exceed regulatory action levels, it may not be discharged into the existing storm drainage system. Removal and handling of the contaminated groundwater shall be done in a manner acceptable to the RWQCB, the Town, and other jurisdictional agencies. 18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building permit and/or final subdivision map detailing how the Conditions of Approval will be addressed. Building Division 19. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: A state certified lead -based paint professional shall be retained to perform a lead -based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead -based paint prior to demolition of the structures. 20. PERMITS REQUIRED: A building petinit shall be required for the new commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 21. CONDITIONS OF APPROVAL: The Conditions of Approval 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 Conditions of Approval will be addressed. 22. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." 23. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Page 5 of 18 Department Service Counter with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. 24. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and/or house numbers/suite numbers to the Building Division prior to submitting for the building permit application process. 25. SOILS REPORT: 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. California Building Chapter 18. 26. SHORING: Shoring plans and calculations will be required for all excavations,;which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to Cal/OSHA regulations. 27. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. 29. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. Page6of18 30. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 32. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development Planning Division: Joel Paulson (408) 354-6879 b. Engineering/Parks & Public Works Department: Fletcher Parsons (408) 395-3460 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771-6000 33. TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24 Accessibility Standards. 34. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378-2408 b. Environmental Health Department: (408) 885-4200 c. Town Public Works Department: (408) 399-7530 35. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, 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: Page 7of18 Building pad elevation b. Finish floor elevation c. Foundation corner locations d Retaining Walls TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 36. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1. The southbound left - turn lane at Los Gatos Boulevard/Village Square intersection shall be extended to a minimum of 200 feet to accommodate the potential queue from project related left -turn movements. 37. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2 The applicant shall contribute to the addition of a second eastbound left -turn lane at the Los Gatos Boulevard/Blossom Hill Road intersection for its incremental share of impact as determined by the Town Engineer. 38. 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 Director of Parks and Public Works, 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 on E. Main Street is needed for grading within the building footprint. 39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided 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. 40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: Page 8 of 18 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. 41. 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. 42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. A geotechnical review to determine the potential for fault ground rupture is required. Geotechnical Engineer must review and submit a report on the mapped faults in the area of the project and evaluate the potential for fault ground rupture and seismically induced liquefaction. 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. 43. SOILS REVIEW. Prior to issuance of any 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. 44. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those 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 map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. Page 9 of 18 45. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) Traffic study is required. 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 applications are made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $184,633.00. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. 46. LOS GATOS BOULEVARD/GATEWAY DRIVE IMPROVEMENTS: Replace existing non - LED signals with LED signals. Replace existing 8-inch signal heads with 12-inch signal heads. Replace existing pedestrian signal heads with LED pedestrian countdown heads. Replace non- ADA pedestrian push buttons with. ADA compliant push buttons. Install video detection for northbound and southbound Los Gatos Boulevard. Replace existing safety lighting fixture with LED lighting fixture. Construct an ADA wheelchair ramp at the project corner of the intersection. 47. LOS GATOS BOULEVARD/VILLAGE SQUARE SHOPPING CENTER IMPROVEMENTS: Extend the southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping Center to a total length of 220 feet of storage plus an 80-foot transition. Install a video detection for the extended left -turn pocket. 48. LOS GATOS BOULEVARD/BLOSSOM HILL ROAD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall contribute toward the future construction of a second left - turn lane for eastliound Blossom Hill Road. Actual contribution will be calculated at the time of building permit application. 49. LARK AVENUE/LOS GATOS BOULEVARD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall pay a proportional share of the project specific intersection mitigation costs. Actual cost will calculated at the time of building permit application. 50. IMPROVEMENTS: Install a pedestrian crosswalk on the west leg of the Gateway/Carlton intersection. 51. IMPROVEMENTS: Bicycle Parking Facilities. Install bicycle parking facilities on -site per VTA's requirement. Page 10 of 18 52. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications All work shall conform to the applicable Town ordinances The 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. 53. 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. 54. 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. 55. 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 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 Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 56. 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 Page 11 of 18 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 shallinclude 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 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 lobse debris shall be covered. 57. 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). 58. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 59. NPDES. On -site drainage systems shall include a filtration device such as a bio-swale or • permeable pavement. 60. STORM WATER 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.d. of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit No. CAS029718. 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 Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. Page 12 of 18 61 AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner 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 No. CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be performed by the property owner 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. 62. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home 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. 63. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 64. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired 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. 65. 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. Page 13 of 18 66. 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. 67. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. 68. CURB RAMPS. The developer shall construct one (1) curb ramp(s) according to State Standard Drawings at the crosswalk at Los Gatos Blvd and Gateway Drive. The actual "Case" as shown on the standard to be used will bedecidedby the Engineering Construction Inspector during the construction phase of the project. 69. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 70. 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. 71. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have r 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. 72. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered. Provide a sanitary sewer connection to the trash enclosure if a restaurant is proposed. Page 14 of 18 73. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and Ji- West Valley Sanitation District for the interception, separation or pretreatment of effluent. 74. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce, a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 75. 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. 76. 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, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. 77. 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 Page 15of18 additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78, REQUIRED FIRE FLOW: The fire flow for this project is 7,500 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75% establishin an adjusted fire flow of 1,875 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 79. AUTOMATIC FIRE SPRINKLERS: Approved automatic fire 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. A State of California licensed (C-.16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 80. PUBLIC FIRE HYDRANT(S): Provide 3 public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum fire hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,875 gpm at 20 psi residual pressure. If area fire hydrant(s) exist, reflect their location on the civil drawings included with the building permit submittal. 81. PRIVATE ON -SITE FIRE HYDRANT: Provide one on -site fire hydrant installed per NFPA Standard #24, at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1,875 gpm at 20 psi residual pressure. Prior to design, the civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant location. 82. ON -SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANT: Installation of private fire service mains and/or fire hydrants shall conform to Mational Fire Protection Association Standard #24 and Fire Department Standard and Details and Specifications W-2. If the supply piping is "combined" (sprinkler system and hydrants), a U.L. approved 4-way FDC shall be provided. A separate installation permit from the fire department is required. 83. HOSE VALVES/STANDPIPES: Buildings 3 stories or more in height or where emergency access has been deemed minimal shall be equipped with standpipes designed per NFPA Standard Page 16of18 #14 and be equipped with 2 1/2" hose valves located within the stair enclosure(s), specifically within parking structures at stairwells. 84. FIRE APPARATUS ACCESS: Provide access roadwaymith apaved all-weather surface with a minimum unobstructed 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%. For installation guidelines refer to Fire Department Standard Detail and Specifications sheet A-1. Identify all required dimensions on the site access plans. 85. FIRE LANE MARKING: Provide marking for all roadways within the project. Installations shall also conform with Local Government Standards and Fire Department Standard Details and Specifications A-6. 86. ACCESS: Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically an approved Knox key switch shall be installed; if they are operated manually then an approved Knox padlock shall be installed. 87. EMERGENCY GATE/ACCESS GATE: Gate installations shall conform to Fire Department Standard Details and Specification G-1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. 88. COMMUNITY BENEFIT: Applicant shall install improvements identified as the four community benefits on page 9, item K, of the Town Council Staff Report dated May 26, 2009. The new traffic calming crosswalk across Carlton Avenue at Gateway Drive leading to the park shall be combined with additional traffic calming devices, to be determined by the Town upon consultation with the community, for an additional amount to be paid by the applicant not to exceed twenty-five thousand dollars ($25,000.00). Page 17 of 18 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 F THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 18 of 18 15400 Los Gatos Boulevard TOWN OF LOS GATOS Application No. PD-11-004 A.P.N. #424-15-045 Change of zoning map amending the Town Zoning Ordinance. Zone Change From: CH:PD To: CH:PD Forwarded by Planning Commission Approved by Town Council Date: Clerk Administrator Mayor Date: September 28, 2011 Ord: EXHIBIT A of Attachment 5 ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCE 2175 AND AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH:PD TO CH:PD FOR PROPERTY AT 15400 LOS GATOS BOULEVARD (APN 424-15-045) 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 Ordinance 2175 and to change the zoning on property at 15400 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424-15-045) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH:PD (Restricted Highway Commercial, Planned Development) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1. Construction of a 40,000 square foot two story commercial building. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.60.420 (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, 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. The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard, unless a single tenant office user occupies the entire building. Page 1 of 18 ATTACHMENT 6 This Page Intentionally Left Blank RESOLUTION 2011- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING A REQUEST TO AMEND PLANNED DEVELOPMENT ORDINANCE NO. 2175 AT 15400 LOS GATOS BOULEVARD (APN: 424-15-045) TO REMOVE THE REQUIREMENT THAT 8,500 SQUARE FEET OF THE GROUND FLOOR SPACE MUST BE RETAIL OR RESTAURANT ON PROPERTY ZONED CH:PD. APN: 424-15-045 PLANNED DEVELOPMENT APPLICATION: PD-11-004 PROPERTY LOCATION: 15400 LOS GATOS BOULEVARD PROPERTY OWNER/APPLICANT: SHP NEWARK, LLC WHEREAS, This matter came before the Town Council for public hearing on November 7, 2011, and was regularly noticed in conformance with State and Town law. WHEREAS, The applicant seeks approval to amend Ordinance No. 2175 at 15400 Los Gatos Boulevard to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant on property zoned CH:PD. WHEREAS, On September 28, 2011, the Planning Commission considered the request to amend Ordinance No. 2175 at 15400 Los Gatos Boulevard to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant on property zoned CH:PD. The Planning Commission recommended denial of the request, finding that the zone change is not consistent with the Town Council's previous decision to adopt Ordinance 2175 with the requirement that 8,500 square feet of the ground floor space must be retail or restaurant. 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 November 3, 2011, along with any and all subsequent reports and materials prepared concerning this application. ATTACHMENT 7 WHEREAS, Council finds as follows: A. The zone change is not consistent with the. General Plan and its Elements. This finding is based on the evidence presented in the Council Agenda Report dated November 3, 2011, and incorporates the findings made by the Planning Commission on September 28,2011, regarding this application. B. No further environmental analysis is required for the proposed PD amendment because it was denied. NOW, THEREFORE; BE ITRESOLVED: <. < <j 11 1. The Planned Development application PD-11-004 to amend Ordinance No. 2175 at 15400 Los Gatos Boulevard to remove the requirement that 8,500 square feet of the ground floor space must be retail or restaurant 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 7th day of November, 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 This Page Intentionally Left Blank Joel Paulson From: Sent: To: Subject: Good Morning Joel, horst pfendt <pfendt@sbcglobal.net> Wednesday, October 19, 2011 9:20 AM Joel Paulson Re: 15400 Los Gatos Blvd. We have been busy with various projects and have been unable to keep current with the proposed changes and development of the property at 15400 Los Gatos Blvd. We recently received information that the owners of the property are interested in building out the site with a medical and dental building and have already procured tenants. However we also understand that this project has been delayed by the Town of Los Gatos because they feel the building should contain restaurant and retail facilities. If this information is correct, I would like to express the following: • As residential owners in the area, we would welcome a commercial building that would not provide more noise pollution to the area. The 8-5 hours of a medical and dental facility would be a welcome addition. • Parking for the area is already quite congested and a facility that does not attract increased parking at specific hours (restaurant hours) would also be welcome. o We have seen restaurants and retail in the area come and go on a continuous basis and there are long periods of time when these locations are vacant. Medical and dental practices are expensive to set up and therefore tenants usually have a long term lease. Medical and dental practices would also most likely bring long term residents to the area (as opposed to possible part time restaurant and retail personnel) which would increase the property tax rolls as well as sales tax. If we have more medical and dental in the area, there are ancillary facilities that might also be attracted to establish in the area- i.e., medical labs, dental labs, optical providers, etc. o And last, but not least, the owners of the property are willing and able to start construction knowing they have procured tenants. This is an incentive for them to proceed with improving a part of Los Gatos that has stayed vacant far too long. I would appreciate your passing this on to whichever committee/council is now working on this project and if you have any updates I would also appreciate hearing back from you. Regards, Horst Pfendt i ATTACHMENT 8 • This Page Intentionally Left Blank