1997-073-Denying An Architectural And Site Application To Construct A 15,000 Square Foot Two Story Office Building And A Subdivision Application To Merge Two Lots On Property In The CM ZoneRESOLUTION 1997 - 73
RESOLUTION CONDITIONALLY GRANTING APPEAL OF A PLANNING COMMISSION
DECISION DENYING AN ARCHITECTURAL AND SITE APPLICATION TO
CONSTRUCT A 15,000 SQUARE FOOT TWO STORY OFFICE BUILDING AND A
SUBDIVISION APPLICATION TO MERGE TWO LOTS ON PROPERTY IN THE CM
ZONE.
PROJECT APPLICATION PRJ -96 -125.
PROPERTY LOCATION: 973 UNIVERSITY AVENUE
PROPERTY OWNER: JAMES F. BOCCARDO
APPLICANT: VASONA PROPERTIES
APPELLANT: VASONA PROPERTIES
WHEREAS:
A. This matter came before the Council for public hearing on June 2, 1997, on an appeal
from a decision of the Planning Commission and was regularly noticed in conformance with Sate and
Town law.
B. The Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. The Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
and documents attached to the Council agenda.
C. The applicant is requesting approval to construct a 15,000 square foot two story office
building at 973 University Avenue on a 56,105 square foot parcel, which would also be merged with
the adjacent parcel to the north which is 267,716 square feet in size and is also located in the CM
zone. The adjacent parcel is developed with Phase III of the University Park Office and Professional
Center. The proposed development would comprise Phase V of the Center. The project site is
located on the west side of University Avenue approximately 1,400 feet south of Lark Avenue. It
is bounded on the north by University Park Phase III (office /light industrial buildings) and on the east
by office/light industrial buildings that are across and downslope of University Avenue. Residential
properties are located to the south and northwest, uphill of the site. The residence to the south is
located approximately 40 feet above the lower elevation and on the project site, while a residence to
the northwest is located 15 to 20 feet above the lower portions of the site.
D. The Development Review Committee recommended approval of the application on
March 12, 1997. The Planning Commission returned the application to the Development Review
Committee with instructions which were met, with the exception of reducing the building to one
story. The Planning Commission denied the application on April 23, 1997.
E. The appellant contends that the Planning Commission erred or abused its discretion
by ignoring the Town's environmental and traffic studies regarding the project and basing its decisions
on personal opinions and the opinions of the one neighbor who opposed the project, disregarding the
facts, and did not have the discretion to modify or address the policy concerning the height and
number of stories of the proposed building.
F. Pursuant to subection (b)(1) of §29.20.300 of the Town Code of the Town of Los
Gatos, the Council finds that the Planning Commission erred in their decision as set forth in the
following recitals:
1
1. The architectural design of the proposed structure is consistent with existing structures
in the area, including Phases I through IV of the University Park Office and Professional Center.
2. The proposed location of the structure will substantially reduce its visibility from the
residential properties located uphill of the site.
3. The overall appearance of the proposed project will be enhanced, and the size and bulk
of the proposed structure will be reduced, by the project design calling for the preservation of a
substantial majority of the existing trees and the planting of additional trees.
4. Reducing the proposed structure to one story will not be desirable because it will
increase the overall ground coverage of the structure, thus increasing its visibility from the residential
properties uphill of the site and also resulting in the loss of more trees, or will not be economically
feasible to the applicant, potentially resulting in the loss of local jobs to the detriment of the public
health, safety and welfare.
5. Each of these findings constitutes a separate and independent ground for determining
that the Planning Commission erred in their decision.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -96 -158 is
granted subject to the conditions stated in Exhibit "A" to this Resolution.
2. This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure §1094.5 as adopted by §1.10.085 of the Town Code of the Town of Los Gatos. Any
application for judicial relief from this decision must be sought within the time limits and pursuant to
the procedures established by Code of Civil Procedure §1094.6, or such shorter time as required by
state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 16th day of June, 1997, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Jan Hutchins
Mayor Joanne Benjamin
NAYS: Linda Lubeck
ABSENT: None
ABSTAIN: None
SIGNEDt` l t / tu
MAYOR OF THE TO ATTEST: F LOS GATOS
LOS GATOS, CALIFi
�� r ✓ n
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
RECOMMENDED CONDITIONS OF APPROVAL FOR:
973 University Avenue
a. Project Application PRJ -96 -125
b. Negative Declaration ND -96 -16
Requesting Architecture and Site approval to construct a 15,000 square foot office building and a subdivision
application to merge two lots on property in the CM zone. No significant environmental impacts have been
identified as a result of this project, and a Negative Declaration is recommended.
PROPERTY OWNER: James F. Boccardo
APPLICANT: Vasona Properties
* ** *MITIGATION REQUIRED BY NEGATIVE DECLARATION
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. * ** *RED- TAILED HAWKS: During the spring just prior to project construction, a survey should be
conducted to determine if red - tailed hawks or any other sensitive raptor species are nesting in trees that
are proposed for removal. If nests are found, construction activities in the vicinity of nest should be
delayed until breeding is completed.
2. * ** *BIOLOGY REPORT: Prior to approval of the Final Map, a survey for special status species should
be done on the site by a qualified biologist during the appropriate time of year. This survey should
confirm the presence or absence of such species and recommendations should be made as needed to
reduce any identified impacts to a less- than - significant level.
3. REDUCTION OF BUILDING SIZE: If the Town property can not be obtained and parking spaces are
eliminated, the building size must be reduced accordingly. A reduction of building size and
reconfiguration of the parking lot is to be considered a minor modification of the project, and subject to
the approval of the Planning Director.
4. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two copies of the
legal description of the new lot configuration and a plot map (8 ? ? y2' X 11 ") shall be submitted to the
Engineering Development Section of the Planning Department for review and approval. Submittal shall
include closure calculations, title report and appropriate fee. The certificate shall be recorded before
the issuance of any permits.
5. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication shall be
recorded before the issuance of any permits.
a. Storm drainage and sanitary sewer easements, as required.
6. WILD WAY: Priorto the issuance of a building permit, documentation must be provided that show that
Wild Way has been abandoned as a public street.
7. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a proportional to the
project's share of transportation improvements needed to serve cumulative development within the Town
of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the
building permit application is made. The fee shall be paid before issuance of the building permit. The
traffic impact mitigation fee for this project using the current fee schedule and preliminary plans is
$27,540.00. The final fee shall be calculated from the final plans using the rate schedule in effect at the
time of the building permit application.
8. UTILITIES: The developer must agree to install all utility service, including telephone, electric power,
and other communications lines underground, according to Town policy.
9. 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, or signs shall be repaired and
replaced to a condition equal to or better than the original condition. Existing improvements to be
repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply
EXHIBIT A
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.
10. 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.
11. SANITARY SEWER LATERAL: Sanitary sewer laterals are televised by West Valley Sanitation District
and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral
clean -out at the property line.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
12. * ** *GEOLOGY: The Town will require completion of detailed geotechnical and soil engineering studies
for the project site. Geotechnical studies shall include seismic refractions, test borings, and trenching
as necessary to confirm the presence or absence of any fault traces associated with the Shannon Fault
Zone on the project site. Soil engineering studies shall address soil constraints and foundation design.
Recommendations for site development and foundation/building design shall be incorporated into project
plans. Project structures shall be appropriately designed to withstand very strong ground shaking. If any
"active traces" of the Shannon Fault are discovered on the site, routing of utility connections, such as gas
or water lines, directly across such traces shall be avoided, unless the lines are specially designed to
accommodate ground movement.
13. * ** *ARCHAEOLOGICAL REMAINS: If subsurface archaeological remains (including unusual amounts
of bones, stones, or shells) are discovered during excavation or construction at the project site, work shall
stop immediately and a qualified archaeologist shall be consulted to develop, if necessary, further
mitigation measures to reduce any archaeological impact to a less- than - significant level before
construction continues. The Town Building Department will be responsible for ensuring this measure
is implemented appropriately during construction.
14. * ** *NOISE: Site plans submitted to the Town Building Department shall specify location of the building's
mechanical equipment. Equipment shall not increase ambient noise levels more than eight decibels in
accordance with the Town Noise Ordinance (Town Code Section 16.20.025). Since this could still result
in a noticeable increase at nearby adjacent residences, mechanical equipment shall be located away
from residences and the equipment enclosure shall be designed so that noise is not directed upward
toward residences located uphill of the site. Prior to issuance of the building permit, the Town Building
Department will be responsible for ensuring that the project complies with the Town Noise Ordinance
and the above measure for equipment enclosure.
15. PERMITS REQUIRED: A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical /Plumbing permit shall be required as necessary.
16. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
17. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24
in. X 36 in.
18. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations shall be submitted with the Building
Permit application. This report shall be prepared by a licensed civil engineer specializing in soils
mechanics.
19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor
shall be submitted to the project building inspector upon foundation inspection. This certificate shall
certify compliance with the recommendations as specified in the soils report and the building pad
elevation and on -site retaining wall locations and elevations are prepared according to approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
2 EXHIBIT A
Page 3
Project: 973 University Avenue
a. Project Application PRJ -96 -125
b. Negative Declaration ND -96 -16
April 23, 1997
20. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CFA R AND MF -1 R
shall be blue lined on the construction plans.
21. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
22. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site parking facility shall comply with the latest
California Title 24 Accessibility Standards for disabled.
23. TITLE 24 ACCESSIBILITY - COMMERCIAL: On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards for disabled. Work shall include but not limit to have
accessibility to building entrances from parking facilities and sidewalks.
24. TITLE 24 ACCESSIBILITY - COMMERCIAL: The building shall comply with the latest California Title
24 Accessibility Standards for disabled.
25. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or
engineer of record shall prepare an inspection program that shall be submitted to the Building Official
for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please
obtain Town Special Inspection form from the Building Department Service Counter. The Town Special
inspection schedule shall be blue lined on the construction plan.
26. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program specification sheet shall be part of plan submittal. The specification
sheet (Size 24" X 36 ") is available at the Building Department service counter.
27. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a
building permit:
a) West Valley Sanitation District: 378 -2408
b) Central Fire District: 378 -4015
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE:
28. NEW TREES: Newly planted trees shall be double- staked, using rubber tree ties and shall be planted
prior to occupancy.
29. TREES: All existing and newly planted trees shown on the plan are subjects of approval and must
remain on site.
30. WATER EFFICIENT ORDINANCE: This project is subject to the Town's Water Efficient Ordinance. A
fee of $470 is required when the landscape, irrigation plans, and water calculations are submitted for
review.
TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT:
31, REQUIRED FIRE FLOW: Required fire flow is 3,250 GPM at 20 psi. residual pressure. This required
fire flow is available from area fire hydrant which are spaced at the required spacing.
32. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: Buildings requiring a fire flow in excess of 2,000
GPM shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler
systems shall conform to National Fire Protection Standard #13, 1994 Edition without the use of listing
exceptions.
33. FINAL REQUIRED FIRE FLOW: Required fire flow may be reduced up to 50% in buildings equipped
with automatic fire sprinkler systems, but can be no less than 1500 GPM. Therefore, the final required
fire flow is 1625 GPM at 20 psi. residual pressure. This flow may be taken from the two closest fire
hydrants so long as they are spaced at a maximum spacing of 250 feet.
34. FIRE SPRINKLER SYSTEM ALARM DEVICE MONITORING REQUIRED: Provide approved type
monitoring for all fire sprinkler system alarm devices.
35. FIRE DEPARTMENT KEY BOX REQUIRED: Provide an approved fire department key box and
appropriate building keys.
EXHIBIT A
Page 4
Project: 973 University Avenue
a. Project Application PRJ -96 -125
b. Negative Declaration ND -96 -16
April 23, 1997
36. FIRE HYDRANT(S) REQUIRED: Provide one public fire hydrant on the project side of the street near
the driveway entrance. The exact location to be determined jointly by the Central Fire District and the
San Jose Water Company. Maximum hydrant spacing shall be 250 feet and the minimum single flow
hydrant shall be 1500 GPM at 20 psi. residual pressure.
4 EXHIBIT A