9 - Att. Cont.TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: October 12, 2011
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT:
Suzanne Davis, Senior Planner
sdavis(a,losaatosca. gov
Planned Development Application PD-11-001
Negative Declaration ND-11-005
ITEM NO: 2
800 Blossom Hill Road (southwest corner of Blossom Hill Road and
Cherry Blossom Lane)
Dan Schneider, Boulder Associates
PROPERTY OWNER: American Baptist Homes of the West (ABHOW)
CONTACT:
APPLICATION
SUMMARY:
RECOMMENDATION:
PROJECT DATA:
Dan Schneider
Requesting approval to amend an existing Planned development to
construct a new memory services and assisted living building on a site
that currently contains assisted and skilled nursing facilities (The
Terraces of Los Gatos) on property zoned RM:12-20:PD. APN 523-
05-001.
DEEMED COMPLETE: September 19, 2011
FINAL DATE TO TAKE ACTION:
a. Final action on the Mitigated Negative Declaration (MND) is
required by CEQA Section 15107, within six months of the
application being deemed complete (March 19, 2012).
b. Rezoning applications are legislative acts and are therefore not
governed by the Permit Streamlining Act.
Forward a recommendation to the Town Council for approval of the
Mitigated Negative Declaration (MND), Mitigation Monitoring
Program (MMP) and Planned Development application (PD).
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Project Area:
High Density Residential
RM:12-20:PD
Zoning Ordinance
General Plan
9.2 acres
.32 acres
ATTACHMENT 5
Planning Commission Staff Report - Page 2
800 Blossom Hill Road/PD-11-001, ND-11-005
October 12, 2011
CEQA:
FINDINGS:
ACTION:
Surrounding Area:
Existing Land Use 1 General Plan
Zoning
North Residential Low Density Residential
R-1:10
East 1 Elementary School Public
R-1:8
South Church & Residential j Low Density Residential
R-1:8
West 1 Shopping Center Neighborhood Commercial
C-1
It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration is
recommended.
• The Planning Commission must make a finding that the zone
change is consistent with the General Plan if the recommendation
is for approval.
■ As required by the Town's Traffic Policy for community benefit
a. Forward a recommendation to Town Council for approval of the
MND and Mitigation Monitoring Program.
b. Forward a recommendation to the Town Council for approval of
Planned Development Application PD-11-001.
EXHIBITS: Previously received under separate cover:
1. Mitigated Negative Declaration
Attached to this report:
2. Location map
3. Mitigation Monitoring Program (5 pages)
4. Required findings
5. Applicant's letters (4 pages), received May 4 and June 21, 2011
6. Parking analysis (10 pages)
7. Planned Development Ordinance 1788
8. Draft Planned Development Ordinance (20 pages) with Rezoning
Map (Exhibit A) and Conceptual Development Plans (Exhibit B -
19 sheets), received September 19, 2011
BACKGROUND:
The Terraces of Los Gatos is a Senior Continuing Care facility located on the southwest corner
of Blossom Hill Road and Cherry Blossom Lane. A Planned Development (PD) for the facility
was approved by the Town Council in November 1986, and amended in April 1989. The subject
Planning Commission Staff Report - Page 3
800 Blossom Hill Road/PD-11-001, ND-11-005
October 12, 2011
application is a request to modify the PD to allow a new building to be constructed that will
house a memory care facility and 10 additional assisted living units.
The Terraces currently includes 18 buildings that house 175 independent living units, 59 skilled
nursing units and 35 assisted living units. Twenty nine of the independent living residences are
Below Market Price (BMP) units. A maximum of 93 employees are on the site at peak periods.
Parking is provided in garages, carports and surface lots. Residents must be at least 62 years old,
or in the case of married couples, one resident must be at least 62.
On December 14, 2000 a new Zoning Map was adopted by the Town Council. The RM zoning
district was changed to RM:5-12 and RM:12-20 to be consistent with the General Plan. The
original zoning of the subject property (RM:5-20:PD) was modified to RM:12-20:PD as a result.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the southwest side of Blossom Hill Road and Cherry
Blossom Lane (Exhibit 2). The Kings Court Shopping Center abuts the site on the west,
and the Presbyterian Church of Los Gatos and single-family homes fronting on
Magneson Terrace abut the site on the south. Single-family residences are located cross
Blossom Hill Road (north), and Blossom Hill Elementary School is located across Cherry
Blossom Lane (east).
B. Planned Development
The property is currently governed by Planned Development Ordinance 1788 that was
adopted by the Town Council in 1989 (see Exhibit 7). A draft PD Ordinance has been
prepared to incorporate the proposed project (see Exhibit 8).
C. Architecture and Site Application
If the PD application is approved, an Architecture and Site (A&S) application is required
for the new building. The PD Ordinance includes the provision that the Development
Review Committee (DRC) may be the deciding body for the A&S application.
D. Zoning Compliance
The PD Ordinance is applied to the property rather than the Zoning Ordinance. The new
building will respect minimum building setbacks and height restrictions established by
PD Ordinance 1788, and is consistent with the intent of the original approval and 1989
Planning Commission Staff Report - Page 4
800 Blossom Hill Road/PD-11-001. ND-11-005
October 12, 2011
amendment in that the facility being added will augment the existing use and provide a
needed service to residents.
ANALYSIS:
A. Architecture and Site
The applicant is proposing to construct a 23,000 square foot, two-story building that will
be occupied by 10 assisted living units and 16 memory care service units. The new
building will be attached at the southwest corner to the skilled nursing and assisted living
facility. A surface parking lot is currently located where the proposed building will be
constructed. The following table shows existing and proposed square footage for
buildings, landscaping and hardscape:
x "', .„ If-
Building coverage
Landscaping/Patio
Pavement/Walkways
Existing
145,932 sq. ft.
139,346 sq. ft.
102,336 sq. ft.
Proposed
156,931 sq. ft.
138,285 sq. ft.
92,399 sq. ft.
Change
+10,999 sq. ft.
-1,061 sq. ft.
-9,937 sq. ft.
The new building has been designed to blend with existing buildings at The Terraces.
Exterior materials, window proportions, architectural detailing and roof elements will be
similar to that of adjacent assisted living facility building. Mechanical equipment will be
located within a roof well and will be screened from view. The height of the building is
35 feet, the same height of the adjacent assisted living facility building.
B. Below Market Price Units
The project has 29 existing BMP units in the assisted living facility. Provision of BMP
units was based on the number of independent living units. The proposed project will not
result in any changes to the BMP program as no independent living units are being added.
C. Neighborhood Compatibility
The new building will be located in an area where it will not adversely impact
surrounding businesses, residents or the church. The project will not look any different
when viewed from the street. New landscaping will be planted to soften and screen the
building, with greater density of planting in the southwest corner to provide a buffer for
abutting residences.
Planning Commission Staff Report - Page 5
800 Blossom Hill Road/PD-11-001. ND-11-005
October 12, 2011
D. Parking
Based on the PD and Town Code, a total of 198 spaces are required for the facility,
inclusive of the new building. The PD Ordinance requires 150 spaces to support the
independent living units and the Zoning Ordinance requires 48 spaces to support the total
beds within the skilled nursing, assisted living and memory service unit. The 221 on -site
parking spaces exceed that requirement. The applicant has presented details on existing
and proposed parking (see Exhibit 6). There are currently 263 parking spaces within The
Terraces complex, and 34 shared spaces at the adjacent Presbyterian Church. The project
will result in the removal of 42 parking spaces, although 20 additional spaces are being
made available in the church parking lot. The shared parking will be used by employees
and visitors, and will result in a total parking space allocation of 275 spaces. The peak
period parking demand based on the applicant's analysis is 265 spaces.
E. Traffic
A traffic study was not required for the project. The proposed use of the new building
will result in a minimal increase in traffic. Residents in memory and assisted living units
do not drive. While the six additional employees that will be working at the site and
visitors to the facility will add vehicle trips, the increase will be minor and will not
impact the traffic signal at Blossom Hill Road and Cherry Blossom Lane.
The project is anticipated to generate five A.M. peak period trips and eight P.M. peak
period trips and community benefit is required. In this case, the proposed use is the
community benefit. The applicant has submitted a letter of justification explaining the
need for the memory service facility and additional assisted living units and the value of
these services to the community (see Exhibit 5).
F. Trees and Landscaping
The Consulting Arborist, Arbor resources, evaluated 34 trees in the vicinity of the
proposed construction. Nine trees will be removed for the project, all of which have a
low or moderate suitability for preservation. A total of 45 new trees will be planted
around the new building (see Sheet L-1 of the conceptual development plans), which is
more than adequate to mitigate the loss of the nine trees being removed.
G. General Plan Compliance
The proposed project is supported by the following General Plan Goals:
Goal HS-1 To ensure resources and programs are available for the health needs of the
entire community, including youth and seniors.
Planning Commission Staff Report - Page 6
800 Blossom Hill Road/PD-11-001. ND-11-005
October 12, 2011
Goal HS-2 To foster all residents' health and well being.
Goal HS-10 To encourage a wide variety of types of senior housing, including
independent living, residential care facilities, and affordable housing
within the Town.
H. CEQA Determination
The Town's consultant, EMC Planning, conducted the environmental review for the
proposed project and prepared an Initial Study and Mitigated Negative Declaration. The
environmental documents were provided to the Planning Commission at the start of the
public review period. The 20-day public review began on September 6, 2011, and ended
on September 26, 2011. No written comments were received. Mitigation measures have
been included for air quality, biological resources including tree protection, cultural
resources, geology and soils, and hydrology and water quality. Exhibit 3 is the
Mitigation Monitoring Plan. Mitigations have also been included as performance
standards in the PD ordinance.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the property. Staff has
not received any written or verbal communications from residents or other members of the
public. The applicant contacted adjacent property owners and has indicated that there are no
concerns. The Terraces is committed to working with neighbors to minimize impacts during
construction.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed project does not conflict with any provisions of the General Plan or Zoning
Ordinance, is consistent with the existing PD Ordinance, and will provide needed assisted
living units and a memory service facility for patients with Alzheimer's disease or similar
disorders. Staff recommends that the Planning Commission forward the MND, MMP
and PD application to the Town Council with a recommendation for approval.
B. Recommendation
The Planning Commission should take the following actions to forward the Planned
Development application to the Town Council with a recommendation for approval:
Planning Commission Staff Report - Page 7
800 Blossom Hill Road/PD-11-001, ND-11-005
October 12, 2011
1. Make the required findings (see Exhibit 4);
2. Recommend that the Town Council make the Mitigated Negative Declaration and
adopt the Mitigation Monitoring Plan (Exhibit 3); and
3. Recommend that the Town Council approve the Planned Development
Application subject to the performance standards included in the PD ordinance
(Exhibit 8). The Commission may recommend additional conditions and/or may
modifications to condition as appropriate.
Prepared by:
Suzanne Davis, AICP
Senior Planner
WRR:SD:ct
cc:
(%ee,ce, i co4- 10
Approved by:
Wendie R. Rooney
Director of Community Development
Dan Schneider, Boulder Associates, 5 Third Street, Suite 430, San Francisco, CA 94103
Russell Mauk, ABHOW, 6120 Stoneridge Mall Road, Suite 300, Pleasanton, CA 94588
N:1DEV\PC REPORTS1201 I\BHR800-PDA.doc
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800 Blossom Hill Road
EXHIBIT 2
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MITIGATION MONITORING PLAN
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BIOLOGICAL RESOURCES
The following avoidance measures shall be required to avoid the
project's potential effects on migratory and special -status bird species.
a. The removal of trees and shrubs shall be minimized to the extent
practicable.
b. If tree removal, pruning, or grubbing activities are necessary, such
activities should be conducted outside of the breeding season (i.e.,
September 1 and January 31) to avoid impacts to nesting birds.
c. If project site clearing and construction activities begin during the
breeding season (i.e., February 1 to August 31), preconstruction surveys
shall be conducted within the project footprint and a 300-foot buffer, as
feasible, by a qualified biologist no more than two weeks prior to
equipment or material staging, pruning/grubbing or surface disturbing
activities. If no active nests are detected, no further surveys or
monitoring is necessary.
d. If active nests (nests with eggs or young birds present) are found,
non -disturbance buffers shall be established at a distance sufficient to
minimize disturbance based on the nest location, topography, cover, the
nesting pair's tolerance to disturbance and the type/duration of
potential disturbance. No work shall occur within the non -disturbance
buffers until the young have fledged, as determined by a qualified
biologist. Buffer size should be determined in cooperation with the
California Department of Fish and Game (CDFG) and the United States
Fish and Wildlife Service (USFWS), but is typically recognized as 50 feet
for songbirds and 300 feet for raptors. If buffers are established and it is
determined that project activities are resulting in nest disturbance, work
should cease immediately and the CDFG and the USFWS Migratory Bird
Permit Office should be contacted for further guidance.
MITIGATION MONITORING PLAN
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BIOLOGICAL RESOURCES
The following avoidance measures shall be required to avoid the
project's potential effects on special -status bat species.
a. The removal of potential roosting habitat including mature trees,
snags, rotten stumps, decadent trees with broken limbs, exfoliating bark,
cavities, etc. should be minimized to the extent practicable.
b. Preconstruction surveys shall be conducted to identify if bats are
using the existing structures for roosting. If no evidence of roosting is
detected, no further avoidance or minimization measures are necessary.
If bats are using on -site structures for roosting, CDFG should be
contacted for authorization to modify the roosting habitat to discourage
bats from roosting within the structures.
The applicant shall comply with the Town of Los Gatos Tree Protection
Ordinance and a tree removal permit shall be obtained from the Town
for the removal of any onsite trees that qualify as a protected tree.
Additionally, no new trees on site shall have a trunk diameter of less
than 1.5 inches, and protective construction fencing for all trees shall be
in place prior to the commencement of any site work. Any trenching
within the dripline of existing trees shall be hand dug.
The applicant shall implement recommendations made by the Town's
Consulting Arborist. Refer to the May 6, 2011 report by Arbor Resources
for details.
CULTURAL RESOURCES
In the event that significant paleontological, historic, and/or
archaeological remains are uncovered during excavation and/or grading,
all work shall stop in the area of the subject property until an
appropriate data recovery program can be developed and implemented
by a qualified archaeologist.
MITIGATION MONITORING PLAN
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CULTURAL RESOURCES
If human remains are found during construction activities, no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the archeological
monitor and the coroner of Santa Clara County are contacted. If it is
determined that the remains are Native American, the coroner shall
contact the Native American Heritage Commission within 24 hours. The
Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations
to the landowner or the person responsible for the excavation work, for
means of treating or disposing of, with appropriate dignity, the human
remains and associated grave goods as provided in Public Resources
Code section 5097.98. The landowner or his authorized representative
shall rebury the Native American human remains and associated grave
goods with appropriate dignity on the property in a location not subject
to further disturbance if: (a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation
within 24 hours after being notified by the commission; (h) the
descendent identified fails to make a recommendation; or (c) the
landowner or his authorized representative rejects the recommendation
of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
GEOLOGY AND SOILS
The applicant shall include in the project design all design
recommendations included in the Zinn Geology and Butano Geotechnical
Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer
review letter dated August 22nd, 2011.
MITIGATION MONITORING PLAN
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HYDROLOGY AND WATER QUALITY
All recommendations listed in the July 18, 2011 Eisenberg, Olivieri &
Associates memo shall be implemented.
If the proposed project does not receive final discretionary approval by
the Town before December 1, 2011, the project will need to comply with
the Low Impact Development treatment requirements in the Town's
NPDES permit. Media Filter system will not be allowed if the project does
not receive final discretionary approval from the Town prior to
December 1st, 2011.
AIR QUALITY
To limit the project's construction -related dust and criteria pollutant
emissions on sensitive receptors in the area, the following applicable
BAAQMD-recommended Optional Construction Measures shall be
included in the project's grading plan, building plans, and contract
specifications.
a. Install wheel washers for all exiting trucks, or wash off the tires or
tracks of all trucks and equipment leaving the site.
b. Install wind breaks, or plant trees/vegetative wind breaks at
windward side(s) of construction areas.
c. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 mph.
d. Limit the area subject to excavation, grading and other construction
activity at any one time.
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PLANNING COMMISSION — OCTOBER 12, 2011
REQUIRED FINDINGS FOR:
800 Blossom Hill Road
Planned Development Application PD-11-001
Mitigated Negative Declaration ND-11-005
Requesting approval of a modification of an existing Planned Development to construct a new
memory services and assisted living building on a site that currently contains assisted living and
skilled nursing facilities (The Terraces of Los Gatos) on a property zoned RM-12:20:PD. No
significant environmental impacts have been identified as a result of this project and a Mitigated
Negative Declaration is recommended. APN 523-05-001.
PROPERTY OWNER: ABHOW, Russell Mauk
APPLICANT: Dan Schneider, Boulder Associates Architects
FINDINGS:
Required consistency with the Town's General Plan:
• The proposed Zone Change is internally consistent with the General Plan and its elements.
Required consistency with the Town's Traffic Policy for community benefit:
• The proposed project will provide needed assisted living units and a memory service facility
for patients with Alzheimer's disease or similar disorders. The minimal increase in traffic that
will be generated by the facility will be offset by the vital senior services that will be provided.
N:IDENFINDINGS1201 1 tB HR800-PD.DOC
EXHIBIT 4
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May 4, 2011
Town of Los Gatos Community Development
Attn: Mr. Joel Paulson
110 E. Main St
Los Gatos CA 95030
RE: The Terraces of Los Gatos Assisted Living and Memory Services Addition
Letter of Justification
According to the Alzheimer's Association, one out of two people over the age of 85 will develop Alzheimer's. In
2006, there were 4.5 million Americans with Alzheimer's. By 2020 this number will grow dramatically to 9 million. The
Terraces of Los Gatos community understands the growing need that their community and the Town of Los Gatos will have
to appropriately house residents afflicted with Alzheimer's.
The development of 6 Alzheimer care units at other affiliated communities has shown TLG that Alzheimer patients
can thrive in an environment specifically designed for their needs and attended by staff especially trained to care for their
condition. Because of the limited local care options and the current and growing demand, TLG has determined that adding
a building to serve those afflicted with Alzheimer's will ease the lives of the TLG residents and their families as well as
provide a local care option for the residents of Los Gatos.
The new building will also house 10 larger assisted living apartments. Many current residents of TLG could benefit
from the assisted living care offered there. They have, however been resistant to dramatically downsizing their living
environment to the small studio apartments currently available where this service is provided. Adding ten larger assisted
living apartments will help ease the decision to move to the higher level of care when a resident reaches that decision point.
The proposed Alzheimer's Care and Assisted Living Units align with the following sections of the The Town of Los Gatos
2020 General Plan :
o Human Services Element- Goal HS-8 "To ensure programs and facilities for social interaction for senior citizens"
and Section
Human Services Element- Goal HS-10 To encourage a wide variety of types of senior housing, including
independent living, residential care facilities, and affordable housing with in the town.
p Policy HS-10.1 "Encourage new development or substantial remodels to incorporate barrier free design principals
to ensure access for people of all ages and abilities.
The proposed Alzheimer's Care and Assisted Living Units align with the following sections of Town of Los Gatos, 2007 -
2014 Housing Elements,
c Policy HOU-5.3 which states " Work with existing senior living and assisted living facilities in Los Gatos, and
support the development of new senior housing that includes continuum of care facilities within the town.'
EXH13rr 5
o Human Services Element -D. Senior Services, b. Housing 'The Town of Los Gatos strives to provide a variety of
housing alternatives to allow seniors to live independently and age in place as they so choose. These housing
types include not only single family homes, town homes, condominiums and apartments, but also life care
communities, affordable housing, shared housing, and below market rate options.
Sincerely
Russell Mauk
VP of Design, Construction & Redevelopment
ABHOW
6120 Stoneridge Mall Rd., Suite 300
Pleasanton, CA 94588
June 21, 2011
Town of Los Gatos Community Development
Attn: Mr. Joel Paulson
110 E. Main St
Los Gatos CA 95030
RE: The Terraces of Los Gatos Assisted Living and Memory Services Addition
Written Description of Proposed Project
Robert G. Owens, III, AIA
Craig D. Mulford, AIA
Nicholas J. Rehnberg, AIA
Timothy C. Boers, AIA
Curtis Chong, AIA
Michael L. Fields, AIA
Donald A. Myers, AIA
Thank you for the accepting our application for the proposed Assisted Living and Memory Services addition at the
Terraces of Los Gatos. The project team is proposing an addition of 10 one bedroom assisted living units and 16 memory
services units to the existing facility. The existing facility encompasses independent living, assisted living, and skilled
nursing as well as services and community spaces for residents.
The project has been reviewed with the neighbors to address concerns they may have about the proposed addition. The
Terraces and the adjacent shopping center have a good, long standing relationship. The shopping center is supportive of
the addition. The residential neighbors to the south had no concerns as the project is set away from the property line and
the existing parking lot use along the property line will remain.. The Terraces are dedicated to continuing outreach to the
neighbors throughout the design and construction process.
The proposed addition will be entered from the existing front entry, through the building lobby and connected to the
addition via a connection corridor, which is adjacent to an existing elevator. The memory service area will be on the first
floor and will house residents with Alzheimer's disease and related disorders. The units are arranged around common
resident areas designed to create a residential feel similar to a residential home. Services for the residents will be
accommodated within the space on this floor. The residents are kept secure in this area through several safe guards.
The three exit doors from this space are not highlighted, they are designed to blend into the space to not attract attention
or curiosity. Alternates choices like ambulation path loops and outdoor gardens are provided for the residents. The doors
have delayed egress hardware that will not unlock immediately, the handle is pushed and releases after a few seconds.
Typically enough time for an Alzheimer resident to loose interest and move on. All residents are on a resident wandering
system that will alarm to staff if they do make it out of the resident public area. The kitchen in the existing facility will
prepare food that will be served from a serving kitchen in the memory services area.
The assisted living units will be on the second floor of the addition. They are connected to the existing assisted living
facility via a connection corridor on the second floor, which is adjacent to an existing elevator and existing dining room.
The dining, kitchen and majority of staff functions will remain located in the existing lodge. However, the addition will have
a resident laundry, sunroom and some staff spaces on the floor.
Boulder Associates, Inc.
5 Third Street I Suite 430 I San Francisco, California 94103 1 415.796.6720 1 F 415.796.6721
BOULDER • SACRAMENTO • ORANGE COUNTY • SAN FRANCISCO I www.boulderassociates.com
The building is sited on an existing parking lot. The proposed parking count on site will be: garage 154, carport 6, patio
homes 14, surface 47, church 54 = 275. The lost parking which is mainly for staff is to be replaced by an agreement to
use parking spaces at the adjacent Presbyterian Church which the parking lot is already connected to. Additional parking
for the addition is limited to just the added staff and visiting families. Memory service residents do not drive and assisted
living residents rarely drive. A shuttles to shopping and activities is provided to the residents as an amenity at the
Terraces. The courtyard between the addition and the existing adjacent assisted living will be landscaped to provide
views to nature for the residents. The west side of the budding has an existing row of redwood trees that will be retained
and landscaping will be added. The second floor assisted living units on the West side of the building will feature
balconies with planted screens as an amenity for residents. The first floor will have two landscaped courtyards for the
memory care residents.
The design of the addition will complement the style of the existing Terraces of Los Gatos community. The exterior
materials of cement board siding and wood shingles are intended to match the existing buildings on site. The proportions
of the windows, architectural detailing, and eave and roof heights are similar to the adjacent assisted living facility. The
building will have a concrete foundation with a slab on grade for the first floor. It will be wood framed with an asphalt
shingle roof. There will be a well in the center of the roof to accommodate and conceal roof mounted mechanical
equipment. Windows will be aluminum -clad, wood slider windows similar to the windows in the existing resident units.
We thank you again for the accepting our application for the proposed Assisted Living and Memory Services addition at
the Terraces of Los Gatos. We look forward to working with you.
Sincerely,
Boulder Associates, Inc.
Dan Schneider, AIA
Senior Associate
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All AltFlf'Ayy kE llkf Mf lli CC'MMI III,,
ORDINANCE NO. 1788
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
ORDINANCE NO. 1692 WHICH EFFECTED ZONE
CHANGE NO. 70 FROM RM:5-20 to RM:5-20-PD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
The Zoning Ordinance of the Town of Los Gatos is hereby amended to
change the zoning of the property at the southwest corner of Blossom Hill Road
and Cherry Blossom Lane shown on the map which is attached hereto, marked Exhib-
it A and is a part of this ordinance, from RM:5-20 (Multiple Family Residential,
5-20 dwelling units per net acre) to RM:-5-20-PD (Multiple Family Residential,
5-20 dwelling units per net acre, Planned Development).
SECTION II.
The PD (Planned Development Overlay) zone established by this ordinance
authorizes the following construction and use of improvements:
1. Construction of a continuing care retirement community consisting of
up to 175 Independent Living units, 33 Personal Care units, a 59-bed
Nursing Care facility, and a Commons section to house supporting
uses.
2. Parking, landscaping and other improvements shown and required on
the official Development Plan.
3. Uses permitted are those retail, service and office uses exclusively
for residents and employees of the facility, and those specified in
the RM:5-20 (Multiple Family Residential, 5-20 dwelling units per
EXHIBIT 7
net acre) zone by Sections 4.32.020 (Permitted Uses) and 4.32.030
(Conditional Uses) of the Zoning Ordinance, as those sections exist
at the time of the adoption of this ordinance, or as they may be
amended in the future. However, no use listed in Section 4.32.020
is allowed unless specifically authorized by this ordinance, or by
conditional use permit.
SECTION III.
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All general provisions in Article 3 of the Zoning Ordinance apply, and
the provisions of Chapter 4.10 of the Zoning Ordinance apply except when the Of-
ficial Development Plan specifically shows otherwise.
SECTION IV.
Architecture and Site Approval is required before any grading or con-
struction work is performed, whether or not a permit is required for the work,
and before any permit for grading or construction is issued. Grading or con-
struction permits shall only be used in a manner complying with Section 4.82.120
of the Zoning Ordinance.
SECTION V.
OFFICIAL DEVELOPMENT PLAN
In addition to Exhibit A (Zone Change Vicinity Map), the attached Ex-
hibit B (Site Plan), Exhibit C (Landscaping), Exhibits D-K (Elevations), Exhibit
L (Elevation showing Building Materials) and Exhibits M and N (Renderings) are
part of the Official Development Plan. During the precise plan
- 2 -
proceedings, the Planning Commission shall have discretion to modify various
elements of the plan, including but not limited to building elevations, building
location and heights of buildings, to ensure compatibility with the residential
areas in proximity to the site.
The following performance standards are part of the Official Development Plan
and must be complied with before issuance of any grading or construction
permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Residents in this project shall be restricted to persons who are
sixty-two years of age or older or married couples living together when
at least one spouse is sixty-two years and each other resident, except
the spouse or cohabitant of the senior citizen, or a person who resides
with and provides primary or physical or economic support to the senior
citizen, shall be 45 years of age or older. Higher minimum age limits
established by private restrictions are not permissible.
2. Temporary residency by a person of less than 45 years of age shall
be permitted for specified periods of not less than 60 days in any cal-
endar year.
3. Upon death or dissolution of marriage, or upon hospitalization, or
other prolonged absence of the senior citizen, any other person who was
a qualified permanent resident pursuant to the provisions of this sec-
tion shall be entitled to continue in residence.
4. Construction activities shall be limited to between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday.
5. All construction equipment shall be properly maintained and exhausts
muffled.
6. The on -site connection between Kings Court Shopping Center and the
project site shall be limited to a loading dock and shall not be used
for resident vehicular access.
7. At least twenty-nine of the independent living units (20 percent)
shall be Below -Market Price units as defined by the Town Zoning Ordi-
nance and General Plan.
3
8. A Tree Removal Permit shall be obtained prior to the issuance of a
Building Permit.
9. Should evidence of historical or archaeological artifacts of signif-
icance be found during project construction activity, the Town of Los
Gatos and the California Archaeological Inventory shall be notified.
The project sponsor in this case must retain an archaeologist to deter-
mine the significance of the find and whether feasible measures could
be implemented to preserve or recover such artifacts. Excavation or
construction which might damage the find shall be suspended for a maxi-
mum of four weeks to permit inspection, recommendation and retrieval,
if appropriate.
10. The use of hip roof forms shall be maximized, especially on the ends
of all buildings facing a street, on the stair towers, on the mechanical
penthouse and on the ends of the two-story apartment buildings adjacent
to the north -south central passageway.
11. The chimney caps shall be rectilinear in form.
TO THE SATISFACTION OF THE TOWN ENGINEER:
12. Graded building sites should be inspected for expansive soils by a
qualified soils or geological engineer and treated, where necessary, by
over -excavation and backfilling.
13. An acoustical analysis shall be performed by a qualified acoustical
engineer to identify the necessary noise insulation features and design
elements to produce an acceptable interior noise environment for the
project's buildings.
14. In accordance with Town requirements, the applicant will be required
to submit an off -haul plan if the final grading plan indicates any ex-
cess excavated material. Off -haul activities shall be limited to
weekdays, excluding holidays, between 9:00 a.m. and 3:30 p.m., so as not
to impact the AM and PM peak hour traffic peaks.
15. Construction vehicles shall be routed only upon arterial streets
when traveling to or from the construction site. Arterial streets are
those so designated in the Town General Plan.
16. A strict erosion control plan shall be provided which shall include
daily inspection of the site and prevention of mud or silt from flowing
or being tracked off -site.
4
17. The location of sanitary, storm and gas lines are shown.
Electrical, water and cable TV facilities are also required to be
shown. The West Valley Sanitation District has indicated that the eight
inch main in Cherry Blossom Lane is sized to accommodate discharge
requirements of the project. The District will require that all on site
sewage lines be connected to this eight inch main. Contact Preston R.
Nicols, West Valley Sanitation District, (408) 378-2407 for particulars,
including district fees.
18. The following frontage improvements shall be guaranteed by contract
and bond.
a. Blossom Hill Road. Raised landscaped median, Portland Cement
concrete curb, gutter and sidewalk, asphaltic concrete paving,
street lights, drainage and sanitary sewer improvements, signing and
striping.
b. Cherry Blossom Lane. Repair of any defective existing improve-
ments. Grading, drainage, erosion control, on -site circulation,
utility, sanitary sewer, parking and parking lot striping plans,
shall be provided
19. The Town will recommend to the applicant changes in internal flow of
traffic as it relates to entrances and exits.
20. To reduce dust emissions related to construction, all construction
contracts shall require watering in the late morning and at the end of
the day.
21. The developer shall be required to participate in corridor improve-
ments along the Los Gatos Boulevard and Blossom Hill Road corridors in
accordance with the Critical Intersection Impact Policy Statement
adopted by the Town Council on May 5, 1986. These intersections include
but are not limited to the following (the percent share of the costs for
the improvements of "a", "b" and "c" will be determined by formula by
the Town Engineer when the Architecture and Site application is
processed):
a. Lark Avenue improvements (Highway 17 to Los Gatos Boulevard), in-
cluding traffic signal modifications, restriping and paving as re-
quired.
b. Intersection improvements at Union Avenue and Blossom Hill Road,
including traffic signal modifications, paving, curb and gutter
relocation and striping as required.
5
c. Intersection improvements at Los Gatos Boulevard and Blossom Hill
Road, including traffic signal installation, paving, signing and
striping as required.
d. Intersection improvements at Cherry Blossom Lane and Blossom Hill
Road, including traffic signal modifications, paving, signing and
striping as required by Recommended Improvement Phase I as shown on
D.K.S. plans of the Intersection Alternatives Analysis. The
developer shall be required to participate in the construction of
the intersection improvements equal to 50 percent of the cost.
e. The installation of traffic signals at Blossom Hill Road and
Camellia Terrace, including installation of a "hard wire"
interconnect system in Blossom Hill Road westerly to the existing
traffic signals at Los Gatos Boulevard and easterly to the traffic
signals at Cherry Blossom Lane. The developer shall be required to
participate in the construction of the intersection improvements
equal to 25 percent of the cost.
22. No grading shall be initiated between October 1 to April 15 except
upon a clear demonstration, to the satisfaction of the Town Engineer,
that at no stage of the work will there be any substantial risk of in-
creased sediment discharge from the site. If final landscaping is not
complete by September 1, interim erosion control measures shown on the
approved interim erosion control plan will be required to be instituted
by October 1.
23. A two-year tree maintenance agreement shall be entered into for the
protection of existing and newly planted trees.
24. Any access points on Blossom Hill Road shall be restricted to right
turns, both inbound and outbound.
25. Changes be made in the parking to bring it up to Town code.
26. The finished floor elevation of the Commons building shall be 356.5
and the finished floor elevations of the two and three-story apartment
buildings shall be 354.5.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE:
27. The Landscape Plan shall be refined and detailed for review during
the Architecture and Site process for adherence to the Town's adopted
landscape standards.
-6
28. All tree care activities shall be accomplished by a licensed, compe-
tent tree care firm as approved by and under the supervision of the Di-
rector of Parks, Forestry and Maintenance Services.
29. Prior to any construction or building permits being issued, the
applicant shall meet with the Director of Parks, Forestry and Mainte-
nance Services concerning the need for protective fencing around the
existing trees. A plan for such protective fencing demonstrating type
and location shall be submitted to the Planning Director after being
approved by the Director of Parks, Forestry and Maintenance Services.
Such fencing is to be installed prior to, and be maintained during, con-
struction.
30. Newly planted trees shall be double -staked, using rubber tree ties
and shall be planted prior to occupancy.
31. No irrigation or planting shall be permitted under the dripline of
existing native trees.
32. The landscape plan shall maximize the use of trees and shrubbery to
screen the project from all sides.
THE SATISFACTION OF THE TOWN ATTORNEY:
33. Occupant age restrictions are subject to the following:
The owners shall by separate, recorded instrument agree with the
Town on their own behalf and in a manner binding their successors in
interest that the land will be subject to an age restriction stating
the limitation specified in this Ordinance, with a further provision
that the age restrictions shall not be amended except by consent of
the Town Council expressed in a written resolution, and that such
restriction shall have priority over all liens and encumbrances on
the property; and that in the event of litigation to enforce the
restrictions they and their successors will pay the Town expenses
and attorney's fees.
34. A deed restriction shall be recorded for the property prior to the
issuance of any Building or Grading Permit and shall include the follow-
ing elements:
a. The total number of cars allotted to residents of the independent
living units shall not exceed 177.
b. Working hours for a minimum of 75 percent of the day shift
employees shall be set at 7:00 a.m to 3:00 p.m.
7
c. The main dinner meal shall be served between the hours of 4:45
p.m. and 7:00 p.m.
d. Lunch shall be made available on -site for all day -shift
employees.
TO THE SATISFACTION OF THE BUILDING OFFICIAL:
35. Accessibility for the physically handicapped:
a. All independent living and personal care units shall meet the
handicapped adaptability/accessibility requirements contained in the
title 24 applicable to apartments.
b. At least five percent of independent units and ten percent of
personal care units each shall meet the full accessibility
requirements contained in Title 24.
c. All nursing care units shall have fully accessible bathrooms in
accordance with title 24 regulations.
36. All of the common areas and buildings shall be accessible to
wheelchair users.
37. A sound wall shall be constructed along the southerly property line,
if specified by a noise attenuation study to be prepared by a Town cho-
sen consultant at the applicant's expense.
TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT:
38. All required fire hydrants shall be installed and tested prior to
the issuance of a Building Permit.
39. Fifteen feet of vertical clearance shall be provided over all
portions of the driveways.
40. Fire truck access ways shall be eighteen feet wide and capable of
supporting 75,000 pound loading with 42 feet inside turn radius.
SECTION VI.
This ordinance repeals and supersedes Ordinance 1692 effecting Zone
Change No. 70 from RM:5-20 to RM:5-20-PD.
8
SECTION VII.
This ordinance takes effect 30 days after the date it is adopted.
Within 15 days after this ordinance is adopted the Town Clerk shall cause it to
be published once in a newspaper of general circulation published and circulated
in the Town.
This ordinance was introduced at a regular meeting of the Town Coun-
cil of the Town of Los Gatos on April 3 , 1989 and adopted by the following
vote as an ordinance of the Town of Los Gatos at an adjourned regular meeting of
the Town Council on April 24 , 1989.
AYES: COUNCIL MEMBERS Robert L. Hamilton, Brent N. Ventura and
Joanne Benjamin
NOES: COUNCIL MEMBERS Eric D. Carlson and Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LO IGATOS
PLN02:TC 4/3 #9
MAYOR OF T 'E TO
9
OF LOS GATOS
This Page
Intentionally
Left Blank
1 ''''
wo i<", r
1
TOWIC-ar LOS G&TOS
Application No. z-2 2A Change of zoning map
amending the Town Zoning Ordinance.
C Zone Change from RNr S- 20 to gM 5-24 • A D.
'� Prezoning to
APPROVED by Planning Commission date tiovEmsER 3o . 1Sgs
Approved by Town Council date Ord.
TOWill Clerk Mayor
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Intentionally
Left Blank
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 1788
TO ALLOW A NEW MEMORY SERVICE AND ASSISTED LIVING BUILDING
FOR PROPERTY LOCATED AT
800 BLOSSOM HILL ROAD (APN 523-05-001)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The uses authorized by Ordinance 1788 are hereby amended to permit the addition of a
memory service and assisted living building on the premises.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1. Retention of existing continuing care retirement facility inclusive of 175 independent
living units, 35 assisted living units and 59 skilled nursing units.
2. Deletion of 42 surface parking spaces.
3. Construction of a 23,000 square foot building for memory care and assisted living.
4. Landscaping, parking and other improvements shown and required on the Official
Development Plans.
5. Uses permitted are retail, service and office uses exclusively for residents and employees
of the facility, and those specified in the RM (Multiple -Family Residential) zone by
Sections 29.40.610 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future. However, no use listed in Section 29.20.185 is allowed
unless specifically authorized by this Ordinance, or by a Conditional Use Permit.
6. Ordinance 1788 remains valid in conjunction with the amendments made by this
Ordinance.
Page 1 of 25
EXHIB%T 8
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 work for the new building
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 (Zone Change Map), Exhibit B (Official Development Plans), are
part of the Official Development Plan. The Official Development Plans of Ordinance 1788 are
still valid in conjunction with the amendments made by this Ordinance. The following
performance standards must be complied with before issuance of any grading, or construction
permits (mitigation measures are so noted and are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown
on the Official Development Plan are not approved and shall be reviewed during the
Architecture and Site approval process.
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 25
3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and
Site (A&S) application and approval are required for the new building. Architectural
details, shall be refined as part of this process with input from the Town's Consulting
Architect. The Development Review Committee may be the deciding body for the
Architecture and Site applications.
4. BELOW MARKET PRICE (BMP) UNITS. Twenty nine (29) of the independent living
units shall be Below Market Price units, as defined by the General Plan and Zoning
Ordinance.
5. RESIDENCY. Residents in this project shall be restricted to persons who are sixty-two
(62) years of age or older, or married couples living together when at least one spouse is
sixty-two years of age or older and each other resident, except the spouse of cohabitant of
the senior citizen, or a person who resides with and provides primary or physical or
economic support it the senior citizen, shall be 45 years of age or older. Higher minimum
age limits established by private restrictions are not allowed.
6. TEMPORARY RESIDENCY. Temporary residency by a person of less than 45 years of
age shall be permitted for specified periods of not less than 60 days in any calendar year.
7. CHANGES IN RESIDENCY. Upon death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the senior citizen, any other person who
was a qualified permanent resident pursuant to the provisions of this section shall be
entitled to continue in residence.
8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as
otherwise shown on the Conceptual Development Plans.
9. BUILDING HEIGHT. The maximum height of the new building shall be 35 feet.
10. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part of the Architecture and Site process.
11. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed and approved as
part of the Architecture and Site process. Minimum tree size at time of planting shall be
24-inch box.
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12. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed
landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the
State Water Efficient Landscape Ordinance, whichever is more restrictive. 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.
13. *BIOLOGICAL RESOURCES MITIGATION MEASURE-1. The following avoidance
measures shall be required to avoid the project's potential effects on migratory and
special -status bird species.
a. The removal of trees and shrubs shall be minimized to the extent practicable.
b. If tree removal, pruning, or grubbing activities are necessary, such activities
should be conducted outside of the breeding season (i.e., September 1 and January
31) to avoid impacts to nesting birds.
c. If project site clearing and construction activities begin during the breeding
season (i.e., February 1 to August 31), preconstruction surveys shall be conducted
within the project footprint and a 300-foot buffer, as feasible, by a qualified
biologist no more than two weeks prior to equipment or material staging,
pruning/grubbing or surface disturbing activities. If no active nests are detected,
no further surveys or monitoring is necessary.
d If active nests (nests with eggs or young birds present) are found, non -disturbance
buffers shall be established at a distance sufficient to minimize disturbance based
on the nest location, topography, cover, the nesting pair's tolerance to disturbance
and the type/duration of potential disturbance. No work shall occur within the
non -disturbance buffers until the young have fledged, as determined by a
qualified biologist. Buffer size should be determined in cooperation with the
California Department of Fish and Game (CDFG) and the United States Fish and
Wildlife Service (USFWS), but is typically recognized as 50 feet for songbirds
and 300 feet for raptors. If buffers are established and it is determined that project
activities are resulting in nest disturbance, work should cease immediately and the
CDFG and the USFWS Migratory Bird Permit Office should be contacted for
further guidance.
Page 4 of 25
14. *BIOLOGICAL RESOURCES MITIGATION MEASURE-2. The following avoidance
measures shall be required to avoid the project's potential effects on special -status bat
species.
a. The removal of potential roosting habitat including mature trees, snags, rotten
stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be
minimized to the extent practicable.
b. Preconstruction surveys shall be conducted to identify if bats are using the
existing structures for roosting. If no evidence of roosting is detected, no further
avoidance or minimization measures are necessary. If bats are using on -site
structures for roosting, CDFG should be contacted for authorization to modify the
roosting habitat to discourage bats from roosting within the structures.
15. *BIOLOGICAL RESOURCES MITIGATION MEASURE-3. The applicant shall
comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit
shall be obtained from the Town for the removal of any onsite trees that qualify as a
protected tree. Additionally, no new trees on site shall have a trunk diameter of less than
1.5 inches, and protective construction fencing for all trees shall be in place prior to the
commencement of any site work. Any trenching within the dripline of existing trees shall
be hand dug.
16. *BIOLOGICAL RESOURCES MITIGATION MEASURE-4. The applicant shall
implement recommendations made by the Town's Consulting Arborist. Refer to the May
6, 2011 report by Arbor Resources for details.
17. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table in
the Tree Protection Ordinance. New trees shall be double staked and shall be planted
prior to final inspection and issuance of occupancy permits.
18. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
in the vicinity of construction, and shall remain through all phases of construction.
Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18
inches into the ground and spaced no further than 10 feet apart. A tree protection fencing
plan shall be included with the construction plans.
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19. *CULTURAL RESOURCES MITGATION MEASURE-1. In the event that significant
paleontological, historic, and/or archaeological remains are uncovered during excavation
and/or grading, all work shall stop in the area of the subject property until an appropriate
data recovery program can be developed and implemented by a qualified archaeologist.
20. *CULTURAL RESOURCES MITGATION MEASURE-2. If human remains are found
during construction activities, no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
archeological monitor and the coroner of Santa Clara County are contacted. If it is
determined that the remains are Native American, the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most likely
descendent (MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation work, for
means of treating or disposing of, with appropriate dignity, the human remains and
associated grave goods as provided in Public Resources Code section 5097.98. The
landowner or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if: (a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24 hours
after being notified by the commission; (b) the descendent identified fails to make a
recommendation; or (c) the landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Building Division
21. PERMITS REQUIRED. A Building Permit is required for construction of the new
building. Separate permits are required for electrical, mechanical, and plumbing work as
necessary.
22. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full
on the construction plans. A Compliance Memorandum shall be prepared and submitted
with the building permit application detailing how the conditions will be addressed.
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23. SIZE OF PLANS, Submit four sets of construction plans, maximum size 24" x 36".
24. SUITE NUMBERS. Submit requests for new 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.
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 the Cal/OSHA
regulations.
27. 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 that the building pad elevation, on -site retaining wall
locations, and elevations have been 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
28. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be
designed with adaptability features for multiple family residences per Town Resolution
1994-61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs located 34-inches from the floor to the center
of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
Page 7 of 25
c. Primary entrance shall a 36-inch wide door including a 5'x5' level landing, no
more than 1/2-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
29. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy
Compliance Forms must be blue -lined on the plans.
30. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest
California Title 24 Accessibility Standards. Work shall include, but not be limited to, on -
site general path of travel accessibility to building entrances from parking facilities and
sidewalks.
31. KITCHEN USE. The following agencies shall review the kitchen requirements before
issuance of a building permit:
a. West Valley Sanitation District (WVSD): (408) 378-2408
b. Environmental Health Department: (408) 885-4200
32. 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.
33. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704,
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 and signed by all
requested parties prior to permit issuance. Special Inspection forms are available from the
Building Division Service Counter or online at www.losgatosca.gov/building.
34. BLUEPRINT FOR CLEAN BAY. The Town standard Santa Clara County Valley
Nonpoint Source Pollution Control Program 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 or online at
www. losgatosca.gov/building.
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35. PLANS. The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538).
36. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Suzanne Davis (408) 354-6875
b. Engineering/Parks & Public Works Department: Trang Tu-Nguyen (408) 354-
5236
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.
37. *AIR QUALITY MITIGATION MEASURE-1. To limit the project's construction -
related dust and criteria pollutant emissions, the following BAAQMD-recommended
Basic Construction Mitigation Measures shall be included in the project's grading plan,
building plans, and contract specifications:
a. All active construction areas and exposed surfaces (e.g. parking areas, staging
areas, soil piles, graded areas, and unpaved access roads) shall be watered two
times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible.
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f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of Califomia Code of
Regulations). Clear signage shall be provided for construction workers at all
access points.
All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints shall be posted at the site. This person
shall respond and take corrective action within 48 hours. The BAAQMD's phone
number shall also be visible to ensure compliance with applicable regulations.
38. *AIR QUALITY MITIGATION MEASURE-2. To limit the project's construction -
related dust and criteria pollutant emissions on sensitive receptors in the area, the
following applicable BAAQMD-recommended Optional Construction Measures shall be
included in the project's grading plan, building plans, and contract specifications.
a. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site.
Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas.
Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 mph.
d. Limit the area subject to excavation, grading and other construction activity at any
one time.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
39. *GEOLOGY AND SOILS MITIGATION MEASURE-1. The applicant shall include in
the project design all design recommendations included in the Zinn Geology and Butano
Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer
review letter dated August 22nd, 2011.
g-
b.
c.
Page 10 of 25
40. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE-1. - All
recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall
be implemented.
41. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE-2. If the
proposed project does not receive final discretionary approval by the Town before
December 1, 2011, the project will need to comply with the Low Impact Development
treatment requirements in the Town's NPDES permit. Media Filter system will not be
allowed if the project does not receive final discretionary approval from the Town prior
to December 1st, 2011.
42. 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.
43. 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. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not
limited to, Pacific Gas and Electric (PG&E), SBC, Comcast, Santa Clara Valley Water
District, California Department of Transportation. Copies of any approvals or permits
must be submitted to the Town Engineering Department prior to releasing of any permit.
44. 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.
Page 11 of 25
45. 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.
46. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction
47. STREET/SIDEWALK CLOSURE. Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on
works hours, protective enclosures, or other means to facilitate public access in a safe
manner may be required.
48. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
49. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit.
50. DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to
the approval of the Town prior to altered work is started. The Applicant Project Engineer
shall notify, in writing, the Town Engineer at least 72 hours in advance of all the
proposed changes. Any approved changes shall be incorporated into the final "as -built"
plans.
51. PLANS AND STUDIES: All required plans and studies shall be prepared by a
Registered Professional Engineer in the State of California, and submitted to the Town
Engineer for review and approval.
52. 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
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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 peiruit. 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.
53. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be
the sole responsibility of the owner/applicant to obtain any and all proposed or required
easements and/or permissions necessary to perform the grading herein proposed. Proof
of agreement/approval is required prior to issuance of any Permit.
54. DRAI\i NAGE STUDY: Prior to the issuance of any grading permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: A drainage
study of the project including diversions, off -site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that proposed
drainage patterns will not overload existing storm drains; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance systems
including applicable swales, channels, street flows, catch basins, storm drains, and flood
water retarding, will allow building pads to be safe from inundation from rainfall runoff
which may be expected from all storms up to and including the theoretical 100-year
flood.
55. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits the
applicant shall: a) Design provisions for surface drainage; and b) Design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) provide recorded copy of any required easements to
the Town.
56. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit/building permit.
57. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
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a. Retaining wall --top of wall elevations and locations
b. Toe and top of cut and fill slopes
58. 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.
59. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions
of approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
60. 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.
61. PRIVATE UTILITIES Prior to issuance of any permits, a note is required on the final
plans, in a manner that meets the approval of the Town Engineer that states: "The private
utilities constructed within this application shall be owned, operated and maintained by
the developer, successors or assigns."
62. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, and 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.
Page 14 of 25
63. GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall
be conducted for the project to determine the surface and sub -surface conditions at the
site and to determine the potential for surface fault rupture on the site. The geotechnical
study shall provide recommendations for site grading as well as the design of
foundations, retaining walls, concrete slab -on -grade construction, excavation, drainage,
on -site utility trenching and pavement sections. All recommendations of the
investigation shall be incorporated into project plans
64. 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.
65. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as -built" letter/report
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
66. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
67. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as -built" drawings.
68. UTILITIES. The Developer shall install all new, relocated, or temporarily removed
utility services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
Page 15 of 25
service. Applicant is required to obtain approval of all proposed utility alignments from
any and all utility service providers. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
69. TRENCHING MORATORIUM. Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3-inches or shall match the
existing thickness, whichever is greater. The final lift shall be 1.5-inches of half
inch medium asphalt. The initial lift(s) shall be of three quarter inch medium
asphalt.
d. The Contractor shall schedule a pre -paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall
extend the full width of the street and shall extend 5-feet beyond the longitudinal
limits of trenching. Slurry seal materials shall be approved by the Town
Engineering Construction Inspector prior to placement. Black sand may be
required in the slurry mix. All existing striping and pavement markings shall be
replaced upon completion of slurry seal operations.
70. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
71. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section §23.10.080.
7?. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements,
including but not limiting to trees and hedges, will need to abide by Town Code Section
23.10.080, 26.10.065, 29.40.030.
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73. AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file
shall include only the following information and shall conform to the layer naming
convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer:
DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS -COURT; f) Property Line,
Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital
files must be on the same coordinate basis as the Town's survey control network and
shall be submitted in AutoCAD version 2000 or higher.
74. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall
be submitted for review and approval by the Town Engineer prior to issuance of permit.
75. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to
the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the
Town Council resolution in effect at the time the building permit application is made.
The fee 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 $$9,780.0.
The final fee shall be calculated from the final plans using the rate schedule in effect at
the time of the building permit application.
76. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
77. CONSTRUCTION STREET PARKING. No vehicle having a manufacture'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 to approval
from the Town Engineer.
78. 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:
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a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, special events, and other
projects in the area. The schools located on the haul route shall be contacted to
help with the coordination of the trucking operation to minimize traffic disruption.
b Flag persons shall be placed at locations necessary to control one-way traffic
flow. All flag persons shall have the capability of communicating with each other
to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
79. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the developer/owner
to place construction notification signs noting the dates and time of construction and
hauling activities, or providing additional traffic control. Coordination with other
significant projects in the area may also be required. Cover all trucks hauling soil, sand,
and other loose debris or require all trucks to maintain at least two feet of freeboard.
80. 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.
81. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
Page 18 of 25
82. WVSD (West Valley Sanitation District). Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used
or reused. Sanitary Sewer Clean -out is required for each property at the property line or
location specify by the Town.
83. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Administrative. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device in
a functional operation condition. Evidence of West Sanitation District's decision on
whether a backwater device is needed shall be provided prior to issuance of a building
permit.
84. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one acre or more
which are part of a larger common plan of development which disturbs less than one acre
are required to obtain coverage under the construction general permit with the State
Water Resources Control Board. The applicant shall provide proof of WDID# and keep a
current copy of the storm water pollution prevention plan (SWPPP) on the construction
site and shall be made available to the Town of Los Gatos Engineering and/or Building
Department upon request.
85. BEST MANAGEMENT PRACTICES (BMP's). Best Management Practices (BMPs)
shall be maintained and be placed for all areas that have been graded or disturbed and for
all material, equipment and/or operations that need protection. Removal of BMPs
(temporary removal during construction activities) shall be placed at the end of each
working day.
Page 19 of 25
86. STORMWATER DEVELOPMENT RUNOFF. The applicant shall submit a stormwater
control plan and implement conditions of approval that reduce stormwater pollutant
discharges through construction, operation and maintenance of treatment measures, and
other appropriate source control and site design measures. Increases in runoff volume
and flows shall be managed in accordance with the development runoff requirements
87. SITE DESIGN MEASURES. The project shall incorporate the following measures to the
maximum extent practicable:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas where feasible.
d. Use permeable pavement surfaces where feasible.
e. Use landscaping to treat stormwater.
88. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department 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 most current Santa Clara County NPDES MRP Permit.
Monitoring for erosion and sediment control is required and shall be performed by the
QSD or QSP as required by the Construction General Permit. Stormwater samples are
required for all discharge locations and projects may not exceed limits set forth by the
Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A
Rain Event Action Plan is required when there is a 50% or greater forecast of rain within
Page 20 of 25
the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or
QSP must print and save records of the precipitation forecast for the project location area
from (http://www.srh.noaa.gov/forecast) and must accompany monitoring reports and
sampling test data. A Rain gauge is required on site. The Town of Los Gatos
Engineering and Building Department will conduct periodic NPDES inspections of the
site throughout the recognized storm season to verify compliance with the Construction
General Permit and Stormwater ordinances and regulations.
89. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on -site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late -afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
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.
90. CONSTRUCTION ACTIVITIES. All construction shall conform to the latest
requirements of the CASQA Stormwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the ABAG Manual
of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion
control ordinance and other generally accepted engineering practices for erosion control
as required by the Town Engineer when undertaking construction activities.
Page 21 of 25
91. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled/signed with appropriate "NO DUMPING -
Flows to Bay" NPDES required language. On -site drainage systems for all projects shall
include one of the alternatives included in section C.3.i of the Municipal Regional
NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry
wells are to be used they shall be placed 10' minimum from adjacent property line and/or
right of way.
92. 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 of the Municipal Regional Stormwater NPDES
Permit, Order R2-2009-074. 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.
93. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner's shall
enter into an agreement with the Town for maintenance of the stormwater filtration
devices required to be installed on this project by Town's Stormwater Discharge Permit
and all current amendments or modifications. The agreement will specify that certain
routine maintenance shall be performed by the property owner*homeowner's association
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.
Page 22 of 25
94. 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.
95. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
96. UTILITY SETBACKS. Building foundations shall be set back from utility lines a
sufficient distance to allow excavation of the utility without undermining the building
foundation. The Town Engineer shall determine the appropriate setback based on the
depth of the utility, input from the project soils engineer, and the type of foundation.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
97. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinklers is
required for all new and modified buildings larger than 3,600 square feet. A State of
California licensed (C-16) fire protection contractor shall submit plans, calculations a
completed permit application and appropriate fees to the Fire Department for review and
approval, prior to beginning work.
98. PUBLIC FIRE HYDRANTS. New fire hydrant locations shall approved by the Fire
Department. Plans shall show locations of all existing and proposed hydrants both on
and directly adjacent to the property.
Page 23 of 25
99. ON -SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANTS. Installation of
private fire service mains and/or fire hydrants shall conform to National Fire Protection
Association (NFPA) Standard #24, and Fire Department Standard Detail and
Specification W-2. If the supply piping is combined (sprinkler system and hydrants), a
U.L. listed approved four-way FDC shall be provided. A separate installation permit
from the Fire Department is required.
100. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. Provide an approved
Fire Department engine roadway turnaround with a minimum radius of 36-feet outside
and 23 feet inside. Installations shall conform to Fire Department Standard Details and
Specification sheets A-1. Cul-de-sac diameters shall be no less than 72 feet. This must
be provided for the new building on the south access road.
101. FIRE LANE MARKING. Provide marking for all roadways within the project per Fire
Department specifications. Installations shall also conform to Local Government
Standards and Fire Department Specifications A-6.
102. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all
new and buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
Page 24 of 25
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2011, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
, 2011 and becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 25 of 25
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TOWN OF LOS GATOS
Application No. PD-11-001 A.P.N. # 523-05-001
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change
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Forwarded by Planning Commission
Approved by Town Council Date:
Clerk Administrator
Mayor
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Ms. Davis, would you like to give us a Staff
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by this project,
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Town Attorney:
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provide a recommendation to the Town Council.
Council is, the final review authority, because this
finding is that the proposed amendment or
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PD overlay and it's technically a rezoning because we're
modifying'the ordinance that governs the property, but
we're not changing the zoning designation per se. When it
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corner of Blossom Rill Road and Cherry Blossom Lane.
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59 skilled nursing units. There are 93 employees there
peak periods.
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16 memory care units.
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additional assisted
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spaces at the adjacent Presbyterian Church. Forty-two
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certain number of spaces based on the independent
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so we'll still
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spaces even with the
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they're shared for the Applicant. Alex
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difference is we changed it to RM-12:20:PD to match the
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just muddy the waters
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the church the site has
the shared parking at
adequate parking to cover the required numbers, is that
correct?
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to have the
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the agreement that
the residents
there's an overflow. But the majority of
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the Town of Los Gatos like I
beds available.
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that has been used as an overflow for church functions
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in the Town of Los Gatos as well as the Housing
piece to support continuing care and age -in -place
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nice home for people with dementia
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side of Cherry Blossom Lane.
COMMISSIONER MARGARET SMITH:
opposite side.
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to get the shadow in alignment with my own mind. The church
preschool is close to it?
The church preschool is right
right here.
here and their play yard is
the church preschool is right
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here, and I believe that's the preschool you're referring
to. There's also a school on the other side of Cherry
Blossom Lane.
Peppertree
COMMISSIONER MARGARET SMITH:
School along there as well on Cherry Blossom?
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the west and the south site property
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neighbors as well as
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the couple of
them addressing their concerns and involving them in the
process. There is a shared access drive through the parking
lot of the retail that has been there for some time.
gardens on the site.
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going to continue with that design in the courtyards.
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but we're replacing
stated in the report. There will also be a discovery garden
the memory
for the memory services that's dedicated to
service. Did I go over my time?
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open onto a central living area to recreate a home -like
leaves the units
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by a hallway, which can be confusing
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questions? Commissioner
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the shared parking arrangement works.
That's the shared parking,
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parking units are going to be just extended in the same
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question I have
I understand,
that going to be for couples where one person is suffering
just additional assisted
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So the memory care center is
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know that and do you need to be on a waiting list for that?
I mean is there a system for how you would encourage
This is Alex Candalla again
always been open to people from outside. Certainly in
of the project, there is a contract agreement where an
need to know. But also in assisted living and the health
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So as soon as people come into residential living
admit in health center, dementia or assisted
question is there is already a system in place that could
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COMMISSIONER BOURGEOIS: Thank you. This is
probably for the architect. There is a waterline easement
that goes through that parking lot.
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is that under agreement? Is it a written agreement
verbal agreement?
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or is it just
My name is Alex Candalla. The
Presbyterian Church of Los Gatos has had this agreement
before to provide us 24 parking spaces. They allowed us an
additional 20 other spaces and with that we signed another
maintenance of the lot and also
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that up. I have one other question.
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letter... Let's see
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Terraces
those afflicted with Alzheimer's will
Terraces residents and their families as well as provide a
for Los Gatos." So my
local care option for the residents
question is does that mean that it would be open to others
that's so, how would people
who do not live there? And if
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statements. The next speaker is Ned Finkle. Mr. Finkle,
address when you get
you could just state your name and
the podium, and you have three minutes.
Finkle; I live actually
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very close to the facility on 16608 Shannon Road.
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far on this
and we've been working together
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So not only am I neighbor and an elder in this
but I also have my in-laws who live with me who
and evidence would be that it's working perfectly as
of the maintenance of our parking lot
our members actually happen to live in
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COMMISSIONER BOURGEOIS:
said it was
what that means?
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be vacated, and I'm not sure about the quick claim. I'm
going to refer to my civil engineer.
fine. Again, if you can
CHAIR SAYOC:
identify yourself.
project. We have started the process to
consultant to the
for an existing waterline
quick claim a waterline easement
particular one, but there will obviously be water service
to the new facility,
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other questions? Okay,
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have three minutes afterwards to make any closing
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they had to clear out that whole area and we haven't seen a
problem overflow beyond that into our lot.
We have provisions. We could continue to
negotiate on additional terms if we had to, and we're on
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them, so we would work that out.
because I think both organizations are committed to make it
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I'm looking at
I just wonder about the future plans
younger children and
for the church to expand its childcare facilities. I'm
trying to anticipate what needs you would have for that
generous lot.
I think it's six acres or so, and right now
a big suit and we're growing into it. We actually have
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them as does Shir Hadash, so it's a good example of a
cooperative arrangement between organizations and also the
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more land when our parking
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with it by observation. I live across the street and I get
I've lived
I kind of observe daily what's been going on.
there for 16 years. So what I've observed is we have an
they helped us build and
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that quite nicely, no problem.
they've been in and out of
20 spots and it's worked just
We expanded into another
fine. They've actually had a lot of activity going on where
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onsite even if one were not to count the shared spaces,
correct?
SUZANNE DAVIS:
if we had concerns and wanted to
question to that
memorialize, does the Town have the authority to
memorialize in some way a requirement to include in the PD
there would be the requirement that there would be an
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revisit the
then a question.
It seems like maybe we need to
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have ways to potentially go up a little bit within the main
structure. There's a grass lot out there in the play yard
that is not utilized, and we actually talked about using
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double in attendance to our church before
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Any other questions? Thank you, Mr.
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understand the
are only 198 parking spaces
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be inclusive of the new building, correct?
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or Alzheimer's care,
living and memory care,
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that clearly the parking meets our requirements whether
they make sense or not, but I think they particularly make
there is very admirable
sense in this situation where
cooperation happening between property owners to make sure
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that parking is taken
occupy the space most likely would not be using a vehicle.
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Obviously people visiting them would or people serving
that seems to be taken care of, so I'm not
would be, but
the parking situation and I'm
really troubled by
just say it's nice to see a project
come in and use a paved space in the back corner, next to a
shopping center, away from a school, off a ridgeline, not
destroying any trees, replacing trees, so thank you. So my
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motion is to recommend approval.
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parking. That's what's bothering me because something seems
amiss there.
But my question is given recent Council direction
to make the finding
that was going away.
It hasn't gone away yet, so we
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do we still need
of a study session for the Council they haven't
that yet, it hasn't come back, and so for the
purposes we still have that requirement as part of the
project requirements.
CHAIR SAYOC:
of the proposed zone change, which we
Yes, you may.
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My motion would be to
COMISSIONER JENSEN:
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the preexisting
understand to be really a change to
Development zone,
Application PD-11-001, and to recommend approval of
Negative Declaration ND-11-005.
I find that the proposed zone change is
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internally consistent with the General Plan and it's also
well taken care of. I don't think it's something we need to
get involved in.
I also think that in this case the community
benefit is exactly what's being offered here tonight,
you very much. Who knows, you might be
we'd like to
seeing us there. I hope not, but...
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the record. The type of community benefit that is being
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believe consistent with the kind of community benefit that
is appropriate given
Staff to consider
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CHAIR SAYOC: Any other comments? I'll call the
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All those in favor, say aye. Anyone opposed?
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the motion before there is a second. You made
the maker of
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Declaration. Did you also
approve the Mitigated
Mitigation Monitoring Program in that
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intend to include
Yes, thank you, and I'm
including any requirement of a continued
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to condition any kind
forward on a private agreement.
And for a second, Commissioner
COMISSIONER JENSEN:
I think that's between the private parties.
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it would be proper for us
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to second?
opportunity to second the motion.
CHAIR SAYOC:
Talesfore.
support this
COMMISSIONER TALESFORE:
asked about the parking agreement was that that is between
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